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)