Stockton, California Municipal Code, Charter, and Civil Service Rules Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.94 STOCKTON ARTS COMMISSION
Note
2.94.010 Findings.
2.94.020 Art Commission established.
2.94.030 Definitions.
2.94.040 Membership.
2.94.050 Vacancies—Absences.
2.94.060 Organization.
2.94.070 Powers and duties.
2.94.080 Compensation.
2.94.090 Public Art Program—Purpose and findings.
2.94.100 Public Art Fund.
2.94.110 Public art funding for City projects.
2.94.120 Public Art Fund—Uses of funds.
2.94.130 Annual report.
2.94.140 Annual art plan.
2.94.150 Authority nonexclusive.
Note
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Prior code history: Prior code §§ 3-080—3-099.
2.94.010 Findings.
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1 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)
2.94.020
Art Commission established.
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)
2.94.030 Definitions.
“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.
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2 “Public Art Advisory Committee” means a permanent standing committee of the Stockton Arts Commission.
“Public art collection” means all City-owned artworks.
“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)
2.94.040 Membership.
A. The Commission shall be composed of 15 members appointed by the Mayor with the approval of the City Council.
B. Each member of the Commission shall hold office for a term of four (4) years, except that:
1. The City Council may by written policy institute terms of less than four (4) 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.
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 of
ficio 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. (Ord. 2015-12-08-1209 C.S. § 1)
2.94.050 Vacancies—Absences.
A vacancy may be declared pursuant to established City Council policy for absence from Commission meetings. (Ord. 2015-12-08-1209 C.S. § 1)
2.94.060 Organization.
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3 The Commission shall organize and adopt bylaws and administrative rules and procedures, consistent with this chapter, to accomplish its purposes. The committee shall appoint such officers or committees as shall be deemed by the Commission. The Commission shall also appoint members to the Public Art Advisory standing subcommittee. (Ord. 2015-12-08-1209 C.S. § 1)
2.94.070 Powers and duties.
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 permitte d 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 (3) 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 pa rticipation 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 of
fering 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. Establish a Public Art Advisory Committee to serve as a permanent standing subcommittee of the Commission.
The Public Art Advisory Committee develops and recommends to the Stockton Arts Commission and the City Council a proposed public art budget and expenditures from the Public Art Fund for each year; reviews and recommends for Commission and 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 through the Public Art Advisory Committee 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 Public Art Advisory Committee 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 Public Art Advisory Committee 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;
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4 I. Initiate, sponsor or conduct, alone or in cooperation with other public or private agencies, programs to further the development and public awareness of, an d 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 Cou ncil 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)
2.94.080 Compensation.
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)
2.94.090 Public Art Program—Purpose and findings.
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)
2.94.100 Public Art Fund.
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 Commis sion 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.
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5 E. “Works of art,” as used in this chapter shall include all paintings, mural decorations, inscriptions, stained glass, statues, reliefs or other sculptur es, monuments, fountains, arches, or other
structures, intended for public enjoyment or public commemoration. (Ord. 2015-12-08-1209 C.S. § 1)
2.94.110 Public art funding for City projects.
A. Appropriations. All appropriations for Public Art shall be made by the City Council, based on the recommendations of the Stockton
Arts Commission and Public Art Advisory Committee 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)
2.94.120 Public Art Fund—Uses of funds.
A. Monies allocated hereunder may be used for the selection, design, acquisition, purchase, commissioning, placement, installation, exhibition, and/or disp lay of artworks.
B. Public Art Maintenance Account. An amount equal to five (5) percent of the monies appropriated hereunder shall be deposited into a separate accou nt 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 c osts associated with typical project
maintenance be accompanied with a detailed fiscal note and plan for funding such costs.
2. The Public Art Advisory Committee shall be responsible for recommending surveys of the condition of the public art collection. Surveys shall be update d on an as-needed basis but not less than
once every five (5) 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 Public Art Advisory subcommittee and the Arts Commission, reviewed and approved through the annual budget process, and finally approved by the City Council.
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6 D. Style. The Commission shall recommend and the City Council establish policies and guidelines which ensure over time that the City collection repr esents 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)
2.94.130 Annual report.
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)
2.94.140 Annual art plan.
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)
2.94.150 Authority nonexclusive.
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)
Contact:
City Clerk: 209-937-8458
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