The Carlsbad Arts Commission is created as an advisory body to the City Council.
(Ord. CS-124 § 2, 2011; Ord. CS-446 § 2, 2023)
The purpose of the Carlsbad Arts Commission is to advise the City Council on arts and culture related matters and implementation of the arts element of the Carlsbad General Plan.
(Ord. CS-124 § 3, 2011; Ord. CS-268 § 1, 2015; Ord. CS-446 § 2, 2023)
The Carlsbad Arts Commission shall consist of seven members on staggered terms appointed pursuant to Section 2.15.050(B).
(Ord. CS-124 § 4, 2011; Ord. CS-446 § 2, 2023)
The Carlsbad Arts Commission shall:
A. 
Encourage and advocate for the arts;
B. 
Provide assistance and guidance to the cultural arts office regarding arts programming, public art and arts-related educational programming;
C. 
Make recommendations to the City Council regarding policies related to arts programming, public art and arts-related educational programming;
D. 
Provide a forum for citizen concerns regarding art issues;
E. 
Provide financial assistance whenever feasible to groups or individuals who provide public arts programming to the citizens;
F. 
Make recommendations to the City Council for the planning and development of new or augmented arts facilities as may be needed;
G. 
Make recommendations to the City Council regarding all works of art to be acquired by the city, either by purchase, gift or otherwise, and their proposed locations;
H. 
Make recommendations to the City Council regarding the conservation, restoration, relocation or disposition of works of art in the city's possession;
I. 
Determine a method or methods of recommending the selection and commissioning of artists with respect to the design, execution and placement of works of art for which appropriations have been made, and pursuant to such method or methods, recommend to the City Council selection of artists by contract for such purposes.
(Ord. CS-124 § 11, 2011; Ord. CS-446 § 2, 2023)
A. 
All city departments shall include in all estimates of necessary expenditures and all requests for authorizations or appropriations for construction projects, an amount for works of art equal to at least one percent of the total cost of any such construction project as estimated in the city's capital improvement program for the year in which such estimate or request is made. If there are legal restrictions on the source of funding with respect to any particular project which precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the total project cost in making the required estimate.
B. 
The City Council may make appropriations for works of art in connection with construction projects as provided in this chapter.
C. 
"Construction project" means any of the following:
1. 
Construction, reconstruction, or renovation in excess of $500,000.00, involving any publicly owned, leased, or operated facility including any plant, building, structure, utility system, real property, streets and highways, or other public work improvement.
2. 
Street or streetscape improvement projects other than street repair or reconstruction. In the case of streetscape and right-of-way enhancement projects, streetscape means an improvement to a public right-of-way, including a sidewalk, tree, light fixture, sign, and furniture. Some funding sources, such as sources restricted to "transportation purposes" or "direct construction costs" may prohibit formula-based expenditures for art. Thus, one percent for art will not be collected from those sources. However, the City Council may provide funding for public art for street or streetscape improvements from general fund revenues on a case-by-case basis.
3. 
In the case of a publicly owned utility system, "construction project" shall include only the construction, erection, and improvement, of dams, reservoirs, and power plants.
D. 
For the purposes of the art in public places program, "construction project" does not mean any of the following maintenance work:
1. 
Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility (see Section 2.18.110(C)(1)) for its intended purposes.
2. 
Resurfacing of streets and highways.
3. 
Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
4. 
Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, and power plants.
E. 
Annually, the administrative services branch of the City of Carlsbad will verify the one percent for public art allocation for all eligible capital improvement program projects has been included in the budgeted amounts for City Council approval. As an alternative, where funding for eligible projects is restricted and cannot be used for public art, the City Council may appropriate one percent for art funding from the general capital construction fund or the general fund. The funds for art allocations may be used for projects located at the direct site of the capital improvement program project, or pooled for other future public art projects identified by the Cultural Arts Manager and Carlsbad Arts Commission. The park in lieu fee funded one percent for art allocations must be used for artwork at a park within the same quadrant where the fee was paid.
F. 
Any funds realized from the disposition of objects in the city's art in public places collection shall be used for the benefit of the city's art in public places collection; specifically, for the purposes of acquiring, restoring and refurbishing public art. Notwithstanding the preceding sentence, the City Council shall have the discretion to appropriate any funds realized from the disposition of objects in the city's art in public places collection for other purposes.
(Ord. CS-124 § 12, 2011; Ord. CS-268 § 3, 2015; Ord. CS-446 § 2, 2023)
A. 
The selection of artists, commissioning of artworks, acceptance of donated artworks, and placement of works of art shall be governed by the art in public places program as developed and adopted by the Carlsbad Arts Commission and the City Council.
B. 
The Carlsbad Arts Commission shall have the power to promulgate and adopt rules and regulations pertaining to the art in public places program.
(Ord. CS-124 § 13, 2011; Ord. CS-268 § 4, 2015; Ord. CS-446 § 2, 2023)
Nothing in this chapter shall be construed as restricting any of the powers of the City Council, or as a delegation to the Carlsbad Arts Commission of any of the authority or discretionary powers vested and imposed by law in the City Council. The City Council declares that the public interest requires the establishment of a Carlsbad Arts Commission to act in a purely advisory capacity to the City Council for the purposes enumerated in this chapter. Any power herein delegated to the Carlsbad Arts Commission to adopt rules and regulations shall not be construed as a delegation of legislative authority but purely a delegation of administrative authority.
(Ord. CS-124 § 14, 2011; Ord. CS-446 § 2, 2023)