The City Council hereby finds and declares:
A. That
the growth and flourishing of art and culture depend upon freedom,
imagination and individual initiative;
B. That
the encouragement and support of art and culture, while primarily
a matter for private and local initiative, is also an appropriate
matter of concern to the City;
C. That
this City's prestige and general welfare will be promoted by providing
recognition that art and culture, and the creative spirit which motivates
them and which they personify, are valued as an essential part of
the City's resources;
D. That
it is in the best interest of the City to maintain, develop and disseminate
the City's artistic and cultural resources;
E. That
the continued growth of the arts can no longer be sustained by traditional
resources;
F. The
City further recognizes the substantial economic benefits to be gained
in the form of increased tourism through enhancement of its public
spaces and consequent retail activity by the implementation of public
art throughout the City; and
G. That
in order to implement these findings it is desirable to establish
the Stockton Arts Commission to provide such recognition and assistance
as will encourage and promote the City's artistic and cultural progress.
(Ord. 2015-12-08-1209 C.S. § 1)
There is established a Stockton Arts Commission to promote and
encourage programs to further the development and public awareness
of an interest in the fine and performing arts and to create expanded
opportunities to experience public art resulting from the creative
expression of artists in public places of the City. The Commission
acts in an advisory capacity to the Stockton City Council in connection
with the artistic and cultural development of the City.
(Ord. 2015-12-08-1209 C.S. § 1)
"Annual art plan"
means a plan developed by the Stockton Arts Commission on
an annual basis which describes the Commission's goals for the year
and includes any initiatives, programs, and public art projects along
with funding requests for each. The plan shall be submitted as part
of the City's annual budget process and be approved by the City Council.
"Annual report"
means a document submitted annually to the City Council setting
forth the Commission's completed activities for the prior year and
setting forth goals for the coming year.
"Artist"
means a practicing professional skilled in the design and/or
creative production of aesthetic objects whose qualifications are
demonstrated by recognition or stature within their field, and/or
through reputation, recognition, and/or exhibitions.
"Public Art Fund"
means a separate account which is established by the City
to receive monies appropriated to the Public Art Program.
"Public Art Program"
means, generally, the processes and approach to establishing
art elements in public projects and public places as established hereby
and to projects funded through the Public Art Fund.
(Ord. 2015-12-08-1209 C.S. § 1; Ord. 2023-06-20-1203 C.S. § 1)
A. The
Commission shall be composed of 15 members, including one Youth Commissioner,
appointed by the Mayor and City Council.
B. Each
member of the Commission shall hold office for a term of four years,
except that:
1. The
City Council may by written policy institute terms of less than four
years initially and whenever necessary in order to create staggered
vacancies; and
2. Any
member appointed to fill the vacancy occurring prior to the expiration
of the term for which his or her predecessor was appointed, shall
be appointed for the remainder of such term.
3. The
Youth Commissioner shall hold office for a term of one year, from
July 1st through June 30th.
C. Any
vacancy in the Commission shall not affect its power but shall be
filled in the same manner in which the original appointment was made.
D. In addition
to the Mayor, the City Manager and the City Attorney, such other persons
as may be designated as ex officio members without vote by the Mayor
with advice of the City Council shall be selected from any department,
office, commission, board, employee or instrumentality of the City
to aid, assist and advise the Arts Commission.
E. Each
member of the Commission shall, at the time of application and continuously
thereafter, be a resident of the City. Failure to reside within the
City shall result in automatic forfeiture of the appointment. Written
notice of any change of residence shall immediately be filed with
the City Clerk.
F. The
Youth Commission shall, at the time of application and continuously
thereafter, be a resident of the City of Stockton and a Stockton middle
school or high school student.
(Ord. 2015-12-08-1209 C.S. § 1; Ord. 2023-06-20-1203 C.S. § 2)
A vacancy may be declared pursuant to established City Council
policy for absence from Commission meetings.
(Ord. 2015-12-08-1209 C.S. § 1)
The Commission shall organize and adopt the bylaws and administrative
rules and procedures, consistent with this chapter, to accomplish
its purposes. The Commission shall appoint such officers, subcommittees,
or ad hoc committees, as shall be deemed by the Commission.
(Ord. 2015-12-08-1209 C.S. § 1; Ord. 2023-06-20-1203 C.S. § 3)
The powers and duties of the Commission shall be as follows:
A. Establish
a regular meeting schedule. In accordance with the Ralph M. Brown
Act, all meetings shall be open and public, except as otherwise permitted
by law. The Commission shall meet at the call of the chairperson or
a majority of the Commission, but not less than once every three months.
A majority of the seated members of the Commission shall constitute
a quorum. The affirmative votes of a majority of seated members of
the Commission are required to take any action. The Commission shall
keep an accurate record of its proceedings and actions;
B. Hold
deliberations of this Commission in public session; however, this
shall not constitute the sessions as public hearings as a matter of
right open to participation by members of the general public at large,
except at the will of the majority of the Commission;
C. Administer
any funds allocated by the City Council in the City's approved annual
operating budget for the purpose of offering grants or awards to artists
or for other purposes as approved by the City Council in adoption
of the Commission's annual report and work plan. These allocated funds
are separate and distinct from the City's Public Art Fund;
D. Develop
and recommend to the City Council a proposed public art budget and
expenditures from the Public Art Fund for each year; review and recommend
for City Council the selection of and contracts with artists; and
shall generally administer the Public Art Program;
E. The Commission shall develop, or cause to be developed, the City Public Art Master Plan which shall establish the City's policy and guidelines concerning the Public Art Program. The City Council shall review and concur on the Master Plan. The City Council shall review the respective projects and the application of the requirements of Section
2.94.030, et seq., as proposed by the Commission in the Annual Public Art Plan and shall approve or modify said Plan for implementation;
F. The
Stockton Arts Commission shall have further responsibility for reviewing
and recommending to the City Council, approval and/or acceptance of
any artworks proposed to be donated to the City. The Commission shall
establish such policies and guidelines as may be appropriate to facilitate
and encourage the donation of artworks of high quality to the City;
G. Recommend
ways to maintain and increase the artistic and cultural resources
of the City;
H. Solicit
private, State and Federal funding available for the fine and performing
arts;
I. Initiate,
sponsor or conduct, alone or in cooperation with other public or private
agencies, programs to further the development and public awareness
of, and interest in the fine and performing arts;
J. Advise
the City concerning the receipt of or purchase of and display of works
of art to be placed on municipal property, except for museums or art
galleries;
K. Improve
access to the arts through various programs so that the arts are within
the reach of persons of all cultural backgrounds and levels of income.
The Commission shall especially be concerned for segments of the community
in which the arts are lacking and needed;
L. The
Commission recommendation shall be advisory only and not binding upon
the City Council, all final determinations shall be made by the City
Council and to perform such other related duties and functions as
the City Council may from time to time direct, or otherwise appoint
the Commission to administer or coordinate on behalf of the City.
(Ord. 2015-12-08-1209 C.S. § 1; Ord. 2023-06-20-1203 C.S. § 4)
Members of the Commission, the chairperson and persons appointed
to assist the Commission in making its studies shall serve at no salary,
but shall be reimbursed for travel and subsistence expenses incurred
in the performance of their duties while away from the City in accordance
with the travel allowance policies adopted by the City but only to
the extent that appropriations for such travel allowance have been
provided in the Commission's budget and approved by the City Council.
(Ord. 2015-12-08-1209 C.S. § 1)
Sections
2.94.090 through
2.94.110 establish a program for the inclusion of works of public art and/or design services of artists in certain City capital projects.
(Ord. 2015-12-08-1209 C.S. § 1)
A. There
is hereby established in the Administrative Services Department a
special account designated Public Art Fund.
B. The City Council may make appropriations of funds to the Public Art Fund for works of art or other art forms to be selected and implemented by the Commission as set forth in subsection
D of this section.
C. Private, State and Federal funds acquired by the City or Commission may be deposited in the Public Art Fund and shall be used exclusively for the purposes and functions for which appropriated or donated as set forth in subsection
D of this section.
D. Each
disbursement from the Public Art Fund shall be expressly designated
as to payee and to purpose, and the Administrative Services Department
shall authorize payment from such fund upon approval of the City Manager.
E. "Works
of art," as used in this chapter shall include all paintings, mural
decorations, inscriptions, stained glass, statues, reliefs or other
sculptures, monuments, fountains, arches, or other structures, intended
for public enjoyment or public commemoration.
(Ord. 2015-12-08-1209 C.S. § 1)
A. Appropriations.
All appropriations for Public Art shall be made by the City Council,
based on the recommendations of the Stockton Arts Commission as part
of the annual art plan. Recommendations will coincide, whenever feasible
with the annual City budget process. Appropriations may be used for
design, selection, acquisition, commissioning, and display of artworks;
for maintenance and for administration of the Public Art Program.
B. Public Art Fund. Monies appropriated pursuant to these sections shall be transferred to a special fund designated Public Art Fund, into which monies appropriated under Section
2.94.100(A) shall be deposited. Contributions to the Public Art Program in monetary form from private sources shall be deposited into the Public Art Fund. Disbursements from the Public Art Fund shall be made in accordance with the annual public art plan. Expenditures are subject to approval by the City Manager and the City Council.
(Ord. 2015-12-08-1209 C.S. § 1; Ord. 2023-06-20-1203 C.S. § 5)
A. Monies
allocated hereunder may be used for the selection, design, acquisition,
purchase, commissioning, placement, installation, exhibition, and/or
display of artworks.
B. Public
Art Maintenance Account. An amount equal to 5% of the monies appropriated
hereunder shall be deposited into a separate account within the Public
Art Fund, to be known as the Public Art Maintenance Account, which
shall be used in the maintenance and preservation of artworks in the
public art collection.
C. Maintenance.
1. The
annual public art plan shall require that any proposed work of art
or art element generating operation or maintenance costs beyond the
ordinary costs associated with typical project maintenance be accompanied
with a detailed fiscal note and plan for funding such costs.
2. The
Commission shall be responsible for recommending surveys of the condition
of the public art collection. Surveys shall be updated on an as-needed
basis but not less than once every five years, and include a report
on the condition of each work, prioritized recommendations for the
restoration or repair and maintenance of the artworks, estimated costs,
and funding source(s). Such repair and maintenance shall comply with
any contractual obligations which may have been entered into in the
acquisition of those artworks. Funds from the Public Art Fund shall
be reviewed annually for priority needs by the Commission, reviewed
and approved through the annual budget process, and finally approved
by the City Council.
D. Style.
The Commission shall recommend and the City Council establish policies
and guidelines which ensure over time that the City collection represents
a broad range of artistic styles, tastes, and media, that it does
not support exclusively artworks of any particular school, style,
taste, or medium, and that it takes into consideration affirmative
action.
(Ord. 2015-12-08-1209 C.S. § 1; Ord. 2023-06-20-1203 C.S. § 6)
On an annual basis, the Commission shall prepare and submit
to the City Council a report describing the Commission's completed
activities for the prior year and setting forth goals for the coming
year.
(Ord. 2015-12-08-1209 C.S. § 1)
As part of the City's annual budget process, the Commission
will develop an annual art plan which describes the Commission's goals
for the year and includes any initiatives, programs, and public art
projects along with funding requests for each. The plan will also
include an analysis of the City's funding process and if needed, a
recommendation to revise the funding mechanism to ensure sufficient
resources for the public art program. The plan shall be submitted
as part of the City's annual budget process and be approved by the
City Council.
(Ord. 2015-12-08-1209 C.S. § 1)
Nothing in this chapter shall be deemed to deprive the City
Council or any board, commission or officer of the City of any power,
duty, or function which such Council, board, commission or officer
may now have or be hereafter granted, it being the intention that
the powers and functions hereinabove provided to be exercised by the
Stockton Arts Commission be nonexclusive. Also, nothing herein contained
shall be deemed to require the City Council, or any board, commission
or officer, to refer or submit to the Stockton Arts Commission, or
to receive from such any report or recommendation respecting any matter
hereinafter mentioned in this chapter before taking any action or
making any decision with respect to such matter, it being the intention
of this chapter to authorize the performance of certain functions
by said Commission and not to deprive the Council or any board, commission
or officer of any power, duty or privilege which it now may have or
may hereafter be granted.
(Ord. 2015-12-08-1209 C.S. § 1)