DATE: MAY 23, 2023
DEPARTMENT: LIBRARY AND COMMUNITY SERVICES DEPARTMENT
CITY ATTORNEY’S OFFICE
FROM: KRISTAN LUNDQUIST, LIBRARY AND COMMUNITY SERVICES DIRECTOR CHRISTOPHER A. CALLIHAN, CITY ATTORNEY
TITLE: UPDATE TO PUBLIC ART PROGRAM TO INCREASE THE APPROPRIATIONS TO THE MUNICIPAL ART FUND RECOMMENDED MOTION:
Consider adopting an ordinance amending Section 5-01.08 of the Salinas Municipal Code to increase the per-project and annual funding contributions to the Municipal Art Fund.
RECOMMENDATION:
It is recommended that the City Council consider adopting the proposed ordinance.
DISCUSSION:
On June 16, 2017, the City Council adopted Ordinance No. 2585 (N.C.S.) to establish a Public Art Program and Municipal Art Fund to “increase the City’s aesthetic environment through public art; to provide funding to support public art projects throughout the city; and to establish public art contribution requirements and procedures.” As a means to accomplish these objectives, the Public Art Program established the Municipal Art Fund which is funded through contributions from the City’s Capital Improvement Program Projects: One-half percent of the total eligible Capital Improvement Program Project costs, up to a maximum contribution of fifty thousand dollars per project and a maximum annual contribution from eligible Capital Improvement Program Projects of one hundred thousand dollars, is appropriated to the Municipal Art Fund.
Council members McShane, González, and Osornio have requested an update to the Public Art Program to increase the maximum per project contribution limit from one-half percent to one percent and to eliminate the per-project maximum contribution limit of fifty thousand dollars and the annual maximum aggregated contribution limit of one hundred thousand dollars.
Currently, the Municipal Art Fund balance is $9,942.46. Historically, since its inception, the annual appropriations to the Municipal Art Fund have varied. Between FY17-18 and FY22-23 a total of $78,864.35 has been generated by the Municipal Art Fund. If the proposed ordinance is adopted, the annual appropriations to the Public Art Fund will increase, as will the total cost of each Capital Improvement Program Project by one-half percent.
The proposed ordinance was presented to the Public Art Commission on May 15, 2023, and the Commission voted unanimously to recommend to the City Council that it consider adopting an ordinance amending Section 5-01.08 of the Salinas Municipal Code to increase the per-project and annual funding contributions to the Municipal Art Fund.
CEQA CONSIDERATION:
CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, this matter is not a project. (CEQA Guidelines Section 15601(b)(3).) STRATEGIC PLAN INITIATIVE:
This item relates to the City Council’s Strategic Goal of providing effective and culturally responsive government.
DEPARTMENTAL COORDINATION:
The Library and Community Services Department and the City Attorney’s Office coordinated on the preparation and the presentation of the proposed ordinance.
FISCAL AND SUSTAINABILITY IMPACT:
If adopted, the proposed ordinance would have an impact on the General Fund by increasing the required contribution of each Capital Improvement Program Project undertaken by the City.
ATTACHMENTS:
Proposed Ordinance
ORDINANCE NO. _______ (N.C.S.)
AN ORDINANCE AMENDING SECTION 5-01.08 OF THE SALINAS MUNICIPAL CODE TO INCREASE THE APPROPRIATIONS TO THE MUNICIPAL ART FUND City Attorney Impartial Analysis
The proposed Ordinance would amend section 5-01.08 of the Salinas Municipal Code to increase the contribution of City Capital Improvement Program Projects to the Municipal Art Fund from one-half a percent to one percent of the total project cost. The proposed Ordinance would eliminate the per-project maximum contribution limit of fifty thousand dollars and the annual maximum aggregated contribution limit of one hundred thousand dollars.
WHEREAS, on June 16, 2017, the Salinas City Council adopted an ordinance to establish a program—the Public Art Program—to provide for the placement of visual art in public places throughout the city (Ordinance No. 2595 (N.C.S.); and WHEREAS, the findings made by the City Council on June 16, 2017, related to its adoption of Ordinance No. 2585 (N.C.S.) continue to be relevant and are incorporated herein in their entirety by this reference; and WHEREAS, through the Public Art Program, the City Council directed the allocation of one-half percent of the total value of each of its Capital Improvement Program Projects (with some exceptions) into a reserve account for use in promoting public art; and WHEREAS, the City Council finds and determines that the funding currently generated from the Public Art Program is insufficient to meet the goals and the objectives in originally establishing the Public Art Program, thereby necessitating an amendment to the current Public Art Program in order to generate additional funding to support public art projects throughout the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALINAS as follows:
SECTION 1. Section 5-01.08 of the Salinas Municipal Code is hereby amended to read as follow:
Sec. 5-01.08. Appropriation of Funds.
All appropriations for capital improvement program projects shall include an amount not to exceed one percent of the total capital improvement program project cost to be dedicated to the Municipal Art Fund.
Funds appropriated as a part of any one project may be accumulated with the funds appropriated from another project or other projects in the Municipal Art Fund and expended for art or other purposes consistent with this article.
Funds appropriated and accumulated in the Municipal Art Fund which remain unencumbered at the end of the fiscal year shall remain in the Municipal Art Fund and shall be carried over to subsequent fiscal years.
Exclusions. If the source of funding or other applicable law or regulation with respect to any particular capital improvement program project or portion thereof prohibits or restricts the use or the dedication of such funds for public art, this article shall not apply to the project’s expenses, so prohibited or restricted.
The City Manager may adopt administrative regulations to implement this section.
The City Manager may request that the City Council exclude certain capital improvement program projects from the provisions of this article by the passage of a resolution authorizing such waiver.
SECTION 2. Compliance with the California Environmental Quality Act. Adoption of this Ordinance is exempt from environmental review under the general rule in California Environmental Quality Act ("CEQA") Guidelines Section 15061(b)(3). The activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 5. Publication. Prior to the expiration of fifteen (15) calendar days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect.
SECTION 6. Effective Date. This Ordinance shall take effect and be enforced thirty (30) calendar days after the date of its adoption.
PASSED AND ADOPTED on __________________, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________ Kimbley Craig, Mayor APPROVED AS TO FORM:
_________________________________
Christopher A. Callihan, City Attorney
ATTEST:
__________________________________
Patricia M. Barajas, City Clerk
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