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CITY COUNCIL AGENDA ITEM NO. 12

Meeting Date: September 25, 2007

Subject/Title: Waive second reading and adopt Ordinance 847 amending in its entirety, Chapter 2.44 of Title 2 of the Brentwood Municipal Code entitled “Arts Commission” with a new chapter 2.44 entitled “Arts”

Prepared by: Craig D. Bronzan, Director of Parks and Recreation

Submitted by: Mayor Bob Taylor/Councilmember Erick Stonebarger

RECOMMENDATION
Staff recommends that City Council waive the second reading and adopt Ordinance 847 amending in its entirety, Chapter 2.44 of Title 2 of the Brentwood Municipal Code entitled “Arts Commission” with a new chapter 2.44 entitled “Arts”

PREVIOUS ACTION
On September 12, 2000, City Council approved Chapter 2.44 Arts Commission of the Brentwood Municipal Code which established the present Arts Commission.

On September 23, 2003, City Council waived the second reading of Ordinance #760 amending Chapter 2.44 Arts Commission to amend officers (adding position of Past-Chair), add the position of poet laureate, and establish the Public Art Program.

On February 27, 2007, City Council reappointed 3 members/appointed 2 new members and approved recommendations related to future Commissioner interviews, appointment of a City Council Art Commission liaison (Mayor Taylor) and alternate (Councilmember Stonebarger), and the future filling of Commission vacancies.

On September 11, 2007, City Council introduced and waived the first reading of an Ordinance amending in its entirety, Chapter 2.44 of Title 2 of the Brentwood Municipal Code entitled “Arts Commission” with a new Chapter 2.44 entitled “Arts”.

BACKGROUND
The February 27, 2007 City Council action approved Mayor Taylor as the City Council’s Arts Commission liaison, with Councilmember Stonebarger as the alternate, resulting in Mayor Taylor attending monthly Arts Commission meetings. The action also approved that future vacancies on the Arts Commission should not be filled until the Arts Commission membership was reduced to 12 members. Once membership was reduced to 12, a revision of the Arts Commission ordinance was to be considered in order to reduce the Arts Commission membership from 25 as per the current ordinance to 12. Since the February action by City Council, the membership level of the Arts Commission has continued to decline and currently is at 11 members.

As a result of the February 27, 2007 City Council action, at the March 28, 2007 Arts Commission meeting, at the request of the Arts Commission Executive Committee, the Commission discussed the Commission’s goals and directions to determine the current status of the Commission. As stated by Past Chair Sandra Gill in the minutes of the meeting: “if we continue to bicker, fight, send negative e-mails and be dysfunctional, we are not going to exist much longer and then none of our goals will be met.” A lively discussion continued and resulted in the formation of an ad-hoc committee to discuss the matter in more detail.
Much of the discussion was a result of the growth and changes that have occurred in Brentwood since the formation of the Arts Commission in the year 2000. The original Arts Commission was established to fill the void of existing art programs in the City and as a result, the Commission started many new arts programs. Since that time the programs have continued to grow along with the interests and number of Commissioners. In 2003, City Council approved the Public Art program with staff to administer the public art program but staff was not readily available to assist the Commission with their individual programs. As a result, with the reduction of Commission positions by the February 27, 2007 City Council action, the running of arts programs by the Commission was becoming problematic.

The ad-hoc committee returned with recommendations at the April 25, 2007 Arts Commission meeting related to a method for Commissioners to resolve personal issues among themselves, a method to resolve issues involving the entire Commission, and a method to resolve issues involved people outside the Commission. The committee also recommended studying the structure of the Commission, its size, the Public Art Fund, meeting with the Arts Society to see if they would be willing to take over the running of programs, and then the subsequent recommendation to City Council for the changing of the Arts Commission ordinance. The recommendations were approved by the Commission and the ad-hoc committee was asked to continue their work in more detail toward developing a final recommendation for City Council consideration.

The ad-hoc committee returned at the May 23, 2007 Arts Commission meeting to discuss recommendations that would: repeal the current Arts Commission ordinance to reformat the existing Arts Commission from 12 to 5 members as an advisory Commission to City Council; require all interested individuals to apply/reapply for the new Commission; the new Commission would have, as it’s main duties, oversight (with Council approval) of the public art program, recommend to City Council the re-granting of any money that comes available, make recommendations to City Council related to art in general, and oversee the completion of the Cultural Arts Master Plan at a scope, timing and purpose as approved by City Council; and move arts programs to the Arts Society or another 501(c)3 that is interested. The Commission discussed these recommendations and agreed to have a final vote at the June Arts Commission meeting.

At the June 27, 2007 Arts Commission meeting, the Arts Commission unanimously approved the ad hoc committee’s recommendation to City Council as follows:

“In order to meet the growing needs of our community the Brentwood Arts Commission is being reorganized with current membership brought to zero in order to allow for restructuring which will include: reducing the number of Arts Commissioners to five (5), refocus the purpose of the Arts Commission to a policy based board that will oversee the public art program, regranting City funds for arts programming, and the transfer of all current programming to a 501(c)3. The Art Society may assume these current Arts Commission programs as they are an arts based 501(c)3. A Memo of Understanding (MOU) is being drafted that will allow both organizations to benefit from the relationship.”

The Executive Committee was asked to meet with the City Council liaisons to request that they take forward this recommendation to City Council. The Arts Commission Executive Committee met on July 19, 2007 with Mayor Taylor, Councilmember Stonebarger, City Manager Donna Landeros, and Parks and Recreation Department staff to review the recommendation. Staff was directed to take the recommendation forward for City Council consideration and to put the recommendation in a new ordinance format so that City Council could review the new ordinance recommendation at the time of consideration.

Staff has taken the recommendation of the Arts Commission and has attached a recommended Ordinance amending in its entirety, Chapter 2.44 of Title 2 of the Brentwood Municipal Code entitled “Arts Commission” with a new Chapter 2.44 entitled “Arts”.

Related to existing programs, Parks and Recreation Department staff is still providing support to the Art, Wine and Jazz Festival that is scheduled for September 29 and 30, 2007 in City Park. Staff is also providing support to the current art show exhibit at the Tech Center and the Farmer’s Perspective show that will occur November through February. After these events have finished, it is expected that there will be approximately $70,000 in the Arts program account that is to be used for art programs. It is from these funds that staff is recommending creating a Memorandum of Understanding with the Art Society or another arts related 501(c )3 non-profit to continue programs until the funding ends.

Additionally, staff and the Arts Commission believe it is appropriate to review the current Public Art section of the Arts Commission ordinance. There are no recommended changes to that part of the ordinance at this time. This review and subsequent recommendation to City Council would be one of the first orders of business for the new Arts Commission. As the ordinance currently does not clearly explain the purpose, policies and procedures of a permanent City Public Art Collection, staff is currently holding all future Public Art projects until this review is complete and City Council has acted on the appropriate recommendation.

With City Council approval, staff will move forward to advertise openings for the new five member Arts Commission, and request for each applicant to demonstrate in their application a knowledge of art and how they will best fit the new direction of the Commission. Applicants will be reviewed and interviewed by the current City Council Arts Commission liaisons, who will bring recommendations for appointment to the City Council for approval.

FISCAL IMPACT
There is no fiscal impact as a result of this action. With approval of this item, Park and Recreation staff will move forward with drafting for City Council approval a Memorandum of Understanding with the Art Society or another arts related 501(c)3 non profit for the running of art programs in Brentwood.

Attachment:
Draft Ordinance

ORDINANCE NO. 847

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD AMENDING IN ITS ENTIRETY, CHAPTER 2.44 OF TITLE 2 OF THE BRENTWOOD MUNICIPAL CODE ENTITLED “ARTS COMMISSION” WITH A NEW CHAPTER 2.44 ENTITLED “ARTS”

THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 2.44 of Title 2 of the City of Brentwood Municipal Code is hereby amended in its entirety as follows:

“Chapter 2.44 ARTS

Article I Arts Commission

2.44.010 Arts Commission establishment.

An arts commission is hereby established with membership, powers, and duties as set forth in this chapter.

2.44.020 Powers and duties.

The arts commission is an advisory body to the city council and shall have the general powers and duties as follows:

A. Encourages, stimulates, promotes and fosters the cultural enrichment of the city, and thereby contributes to the quality of life in the city and develops awareness in the business community, in local government and in the general public of the value of the arts in the city by:

1. Overseeing the development of a city cultural arts master plan

2. Publicizing art opportunities,

3. Encouraging artistic talent in a wide variety of forms,

4. Interpreting the community’s diverse interests in the arts and striving to meet those needs,

5. Coordinating art resources for the community and artists,

6. As approved by the city council, commissioning and placing public art in the city,

7. Promoting the arts as a reflection of the historical nature of the community,

8. Elevating the city’s commitment to the overall enhancement of its cultural life to co-equal status with recreation, planning, human services and youth,

9. Providing expertise in the area of public art and in-depth knowledge of the fine and performing arts,

10. Working cooperatively with the organizational structure of the City and all City departments,

11. Acting as a resource in areas related to public art and the arts in general,

12. Serving as a review board for requests for funding for arts-related city-sponsored grants programs;

B. Perform other art related functions, which may come before the commission;

C. Sponsor, 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.

2.44.030 Arts commissioners.

A. The arts commission shall consist of no more than five members, who shall be residents of the city. Members shall comply with all State and local laws relative to appointments to government office.

B. The commissioners should be knowledgeable about the arts and represent a cross section and distribution of membership among the major art and cultural fields which may included 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

2.44.040 Terms of office.

A. The mayor, with consent of the city council, shall appoint commission members for terms of up to two years. Terms of members shall be staggered so that the terms of no more than three members of the commission expire in any one year. The maximum term for any commissioner is three consecutive terms (not to exceed six consecutive years). Upon establishment of the arts commission, three of the members will have terms of two years each and two of the members will have initial terms of one year each. Thereafter, all terms will be for a period of two 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 without cause, only at a regularly scheduled city council meeting.

C. Each member, unless removed by city council, shall hold their offices until their successor is appointed.

2.44.050 Vacancies.

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.

2.44.060 Officers.

A. The officers of the arts commission shall be a chairperson and vice-chairperson. They shall perform all duties associated with such offices.

B. Election of officers shall be held as the last item of business regularly scheduled January commission meeting.

2.44.070 Compensation.

Members of the arts commission shall serve without compensation 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 city council.

2.44.080 Annual report.

The commission shall prepare and submit an annual report to the city council in July of each year.

2.44.090 Meetings.

A. Regular meetings of the arts commission shall be held on the third 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 and open 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 for the purpose of transacting business at any regularly scheduled or special meeting shall be three members. Approval of any business transacted shall require a majority vote of the commission.

D. If a member of the commission is absent from three regular meetings of the commission, in a twelve month period, the commission will request the city council to declare the position vacant.

2.44.100 Staff assistance.

The city director of parks and recreation or his/her designee will be the staff liaison(s) to the commission. The staff liaison(s) shall work with the commission to implement the goals of the commission.

Article II Public Art Program

2.44.110 Public art program.

This section outlines the city’s approach to public art in public and private development. This section encourages public and private developers to include public art in their projects.

2.44.120 Purpose.

The City of Brentwood has formed an arts commission to encourage, stimulate, promote and foster programs for the cultural enrichment of the city and its inhabitants. The city accepts the responsibility for expanding the experience with visual art. Such art has enabled people in all societies to better understand their communities and individual lives. Therefore, a policy is established to require the inclusion of art in public capital projects and private construction and development projects.

2.44.130 Requirement to provide artwork or pay in lieu contribution.

A. Percent for Public Art. When a project is subject to the provisions of this chapter, the applicant shall:

1. Acquire and install artwork in public places on or in the vicinity of the project site, as approved by the city council. The cost or value of such art should be as per the city’s master fee program.

2. In-lieu contribution of acquiring and installing an artwork project, applicants may contribute to the city municipal art fund as per the city’s master fee program.

B. Eligible Projects. Residential subdivisions or more than four lots or units of any nature, including the repair and remodeling and renovation of same with a value as per the city’s master fee program. City parks and public works projects such as bridges, viaducts, elevated ways, gates and other structures owned by the city within the city with a value as per the city’s master fee program.

C. Exempt Projects. All underground projects, utility projects, seismic upgrades, mechanical and electrical work, traffic improvement, and construction due to fire or other natural causes.

D. Eligible Costs. Acquisition of artwork, and staff and consultant costs associated with the acquisition and installation of the artwork, artist and design fees, artist travel and hotel expenses, the transportation and installation of artwork, lighting, landscaping directly associated with the artwork and identification plaques. Plus all costs directly related to utility relocation, site preparation and staff time associated with the installation of the artwork.

E. Non-Eligible Costs. Landscaping and public works and staff cost not directly associated with the artwork.

F. Method of Calculation. The minimum amount to be appropriate to the municipal arts fund shall be the total capital project appropriation including all construction costs as per the city’s master fee program. Excluded are amounts budgeted for real property acquisition, demolition, redemption, architectural and engineering fees, site work (work related to clearing, grubbing, and earthwork), contingency allowances, equipment, finance costs, grant funded costs, publicly assisted residential construction or rehabilitation projects and site survey-related costs.

G. In order to qualify, any artwork on property shall include a maintenance and longevity agreement written to the satisfaction of the parks and recreation directors in consultation with the city attorney.

2.44.140 Municipal art fund.

All funds appropriated for public art shall be deposited into the account of the municipal art fund. The city council shall review projects for funding as prescribed in the public art guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriated may be pooled and used for art in other projects. A separate account shall be established within the municipal arts fund to segregate receipts by source, or when so directed by the city council, for specific works of art. Disbursement of such funds shall be made in connection with projects approved by the commission with the concurrence of the city of finance department or by such other person as may be directed by ordinance for specific projects. Nothing herein prohibits the arts commission or the city from soliciting or receiving grants, donations, bequests or gifts from private or public sources from depositing monies received in the municipal art fund to be expended in a manner consistent with the public art guidelines

2.44.150 Commission authority.

To carry out its responsibility hereunder, the commission shall:

A. Prepare, adopt and amend with city council’s approval “The Public Art Guidelines” which shall implement the city’s public art program which shall include but not be limited to a method or methods of selecting artists or works of art, and the placement of works of art.

B. Authorize the purchase of or commission the design execution or placement of works of art. The commission shall work the city’s departments responsible for a particular project to review the recommendations regarding the design, execution and/or placement of works of art in connection with the project.

C. If any proposed work of art will require extraordinary operation or maintenance expense, the commission shall receive prior approval of the department head responsible for such operation or maintenance placement of the work of art.

D. The commission shall promulgate rules and regulations consistent with this chapter to facilitate the implementation of its responsibilities hereunder.

Article III General

2.44.160 Definitions.

For the purposes of this chapter, the following terms have the following definitions:

“Commission” means the Brentwood arts commission

“Municipal art fund” means a special city fund dedicated to the purchase of public art.

“Municipal art plan” means a plan required by Section 2.44.185(A) of this chapter.

“Project value” means the value of construction costs. For residential subdivisions, “project value” means the project valuation as calculated on a city of Brentwood building permit.

“Public art” means artwork that is visually and physically accessible to the public.

2.44.170 Poet laureate.

The arts commission shall recommend to city council for approval, the voluntary position of poet laureate, to advocate for the appreciation and advancement of arts, particularly poetry in the community. This appointment shall follow the approved guidelines and procedures.

2.44.180 Amendments.

This chapter may be amended in the same manner as originally adopted.”

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the ___ day of ____________ 2007, by the following vote:
 

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