HomeMy WebLinkAboutAgenda Report - August 19, 1992 (101)CITY of LoDi
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A[#ZMM TIT E. Resolution repealing and reenacting Resolution No. 89-121
relating to the Lodi Arts Coaatission, thereby deleting
reference to the number of consecutive terms members may
servo.
lir'-r= EPTR: August 19, 1992
PR=PARIW BY: City Attorney
RED AM'": Council consideration of the attached resolution
removing the term Mwitation for me itbere of the Lodi
Iirts Commission.
BAC1D®: In 1989, the Council adopted Resolution 89-121, a
portion of which placed a two term limitation on members
of tiu Lalli Arte Commissica. For the reasons enumerated
in tip letter of June 24, 1992 from tr* Arts
Ccraaission (attached), it has been requested that the term limitations be
removed.
This would be consistent with all other Boards and Commissions of the City
which arm not subject to berm limitation provisions.
PUMXMQ: hone required
i'.espectfully outwitted,
Bob licfttt
City Attorney
BK/VC
attacbm nt
cc: Lodi Arts Commission
CMw-;aity Center Director
APPRE}YM
THOMAS A. PETERSON
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Chy Attorney's CNN*
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June 24, 1992 `_i E?
Honorable Mayor James rinkerton
Lodi City Hall
221 West Pine Street
Lodi, Ch. 95240 �=
RE: Lod{ Arts Commission Appointment Terms
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The Lodi Arts Commission has unanimiously app�oved a motion
requesting the Lodi City Council consider repealing paragraph 14
under MWBERSHIP, of Resolution No. 89-121, "A Resolution of the
Lodi City Council Repealing and Reenacting Resolution No. 82-30
Relating to the Lodi Arts Commission*, which reads;
No member shall serve more than two 0) consecutive
terms. This prevision shall apply to any persons
appointed to fill vacancies within the membership.
The substantiating reasons for this request are as follows:
1.) The Lodi Arts Commie cion membership has developed an
effective team with a good working relationships and
repore among the membership:
2.) The commission has established a five-year plan
outlining goals and projects for the promotion and
cultivate programs of the arts in Lodi;
3.) Each commission member has an interest and direct
responsibility in relationship to these goals and
projects;
4.) Eight of the eleven commissioners will be mandated
to retire from thn commission prior to completion of
the five-year plan and the production of planned
projects;
5.) The elimination of mandatory retirement from the
commission would allow planned projects continuity
of leaderships and consistancy in 'direction and
purpose;
6.) And it is noted, other advisory commissions to
the City Council do not have a limit on terms that
may be served; some members have served the City for
more than 20 years.
The Lodi Arts Commission submits this request with confidence
that the elimination of limits or te'ms served by members will be
to the benefit of the arts in the city of Lodi.
125 South Hutchins, Suite D 0 Lodi. California 95240 0 (209) 369-4952
RESOLUTION NO. 92-146
A RESOLUTION OF THE LODI CITY COUNCIL '
REPEALING AND REENACTING RESOLUTION NO. 89-111
RELATING To THE W D I ARTS COMMISSION,
THEREBY DELETING REFERENCE T177 THE NUMBER OF
CONSSCC7TIVE TERMS MEMERS MAY SEPVE.
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NHBRSAS, the Lodi Arts Commission has unanimously aporovgd a
motion requesting the Lodi City Council consider repealing Paragraph 4
of Resolution No. 89-121 which reads:
"No umber shall serve more than two (2) consecutive terns. This
provision shall apply to any persons appointed to fill vacancies
within the ns mrdAp:; and
wmRSAs, the Lodi Arts Commission submits their request to
r al Paragraph 4 with confidence that the elimination of limits on
ter=s served cry members will be to the benefit of the arts in the City
of Lodi;
NOW, THEREFORE, BB IT RESGLVHD AS FOLLOWS:
1. Resolution No. 89-121 is hereby repealed in its e�tirsty and all
previously adopted resolutions relating to the establishment and
operation of the Lodi. Arts Commission are hereby rescinded, and
Resolution No. 89-121 is reenacted to read in full as follows:
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wHSREAS, the stature of a community is not measured by size alone
but in the way its physical and cultural needs are met; abd
wHBTtEAS, with this in mind as being most important and with the
establishment of the Nodi Community Center which adherio to the above
statement, along with tho constant and concrete evidence of an
expanding interest in the arts, both nationally and locally, it is most
advrisable that a Lodi Arts Commission be established to assist local
arts groups to became more reflective of the wide range of contributive
talents existing within the community; and
WHSRHAB, such a Crvr iseion, parallel to and lb&lancing the
existing Recreation Commission, will provide strong support within the
administration of the Lodi Community Center and will prove a valuable
aesirt to the City in procuring such monies from regional, state, and
nati.)nal sourcee as may be available in support of the arts and their
furtherance; and
WHRREAS, to such end, the following design for the establishment
of a Lodi Arta Commission is hereby submitted.
FINDINGS -
The City Council herehrf finds and declares:
I-
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 of Lodi;
C) That this City's prestige and general welfare will be
promoted by p-oviding recognition that art and culture, and
the crea tiw 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 of Lodi to
maintain, develop and disseminate the City's artistic and
cultural resources;
e) That the contin-ed groat.`► of the Arts' can no longer be
sustained by traditional resources; and
f) That in order to implement these findings it is desirable to
establish the Lodi Arts Commission, to provide such
recognition and assistance as will encourage and promote the
City's artiotic and cultural progress.
WDW, T'HERSBORE BE IT RESOLVED that there is established a Lodi
Arte Coamtission to promote and encourage programs to further the
development and public awareness of and interest in the fine and
performing arts a -d to act in an advisory capacity to the Lodi
City Council in connection with the artistic and cultural
development of the City.
a' The Commission shall be eletrs'n (11) members appoirited by the
Mayor from a lis'- of naninees, with the approval of the City
Council.
b) Each NA01bea of the Commission shall hold office for a term
of three (3) years, except that:
1) The terms of office for a l l members of the Arts
Commission shall. be deemed to run from July 1 of each
year. Coa". ncing on July 1, .J90, the Mayor, with the
approval of the City council, shall appoint four (4)
new members of the Commission. On July i, 1991, the
Mayor, with the approval of the City Council, shall
appoint four (4) members, and on July 1, 1992, the
Mayor, with the approval of the City Council, shall
appoint three (3) members.
-2-
2) As terms expire after the first, second and �hird years
follo-i.ng the adoption of this Resolution, succeeding
appointees shall serve for three (3) year terms; and
3) Any member appointed to fill the vacancy occurring
prier to the expiration of the term for which his or
her predecsaeor was appointed shall be appointed for
the remainder of such term.
c) In addition to the Mayor, the City Manager, a*d the City
Attorney, such other persons as may be designated as ax
officio members without vote by the Mayor with advice from
the City Council shall be selected from any department,
office, commission, board. employee, or instrumentality of
the City of Lodi to aid, assist. and advise the Arts
Con en i s s i on .
a) The Chairperson shall be eelected by a majority vote of the
Commission at a meeting held in July of each year, and shall
take office immediately following such vote. The
Chairperson's term shall be for one (1) year.
b) If a vacancy occurs in the office of Chairperson, a
replacement shall be selected by majority vote of the
Catmission to fill out the unexpired current term.
C) The Chairperson shall serve at the pleasure bf the City
Council, but not in excess of two (2) consecutive terms, and
the provisions of this subsection shall apply to any person
appointed to fill the vacancy in the office of Chairperson.
The Secretar-1 of the Commission shall be the Ccc==ity Canter
Director, who shall act as liaison between the Coamiaafcn and the
City Council.
If a member of the Arts Com ission shall be absent f_rcxh three (3)
consecutive regular meetings of the Canmission without leave of
absence from the Commission expressed in its official minutes,
euch office shall became vacant and shall be so declared by the
Mayor. The Secretary of the Commission shall notify the Mayor of
any vacancy whenever such occurs.
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The Catmission shall organize and adopt administrative rules and
procedures consistent with this Part to accomplish its purposes.
The Chairperson shall appoint such officers or committees as
shall be deemed necessary by tie Canmission.
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Id
POWERS AND nT7TTF.S
The powers and duties of the Commission shall be as follows:
a) All of 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 members cf
the Commission shall constitute a Quorum. The affirmative
votes of six W members of the Commission are required to
take any action. The Commission shall keep an accurate
record of its proceedings and transactions;
b) Recommend ways to maintain and increase the artistic and
cultural resource6 of the City of Lodi;
C) Propose methods to encourage private initiarive in the
fields of art and culture;
d) Solicit privnte, state and federal funding available for the
fine and performing arts;
0 Develop methods by which to coordinate existing resources
and facilities, and to foster artistic and cultural
endeavors and the use of the arts both locally and outside
of the City to promote the best interests of the City;
f) 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;
V) Advise and consult with public and private groups, school,
the City, and State or Federal Cultural and Art Commission
interested in, or having knowledge or experience in, the
fields of art and culture of the City;
h) Advise the City concerning the receipt of or purchase of and
display of works of art to be placed on municipal property,
except for acquisition by museums and art galleries;
i} 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 nhal,l
especially be concerned for segments of the community in
which the arts are lacking and needed;
j} Conduct studies and make recommendations with a viev to
formulating methods or ways by which creative activity and
high standards and increased opportunities in the arts and
culture may be encouraged and promoted in the best interest
of the City's artistic and cultural progress and a greater
appreciation and enjoyment of the arts and culture by the
citizens of the City of Lodi and how such can he encouraged
and developed;
k) provide preliminary screening of annual requests for
allocation of Community Pronotion funds for cu.] turai and art
activities and recommend a 'list or priorities with regard to
those requests to the City Council. The Commission
recommendation shall:
1) Be listed by priority ranking to reflect the
Commission's recommendations based on thorough
consideration and evaluation of information and data to
be submitted by applicant organizations to justify
requested funding.
2) Be submitted in accordance with due dates to be
specified by the City Manager to insure the City Annual
Budget review schedules are met.
3) Be advisory only and not binding upon the City Council;
all final determinations shall be made by the City
Council.
1) 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.
The Commission shall prepare and submit to the City Council, not
later than sixty (60) days efter the end of each calendar year,
an annual report setting forth its activities.
The Commission shall prepare and submit to the City Manager an
annual budget for review and approval of the City Council. Said
budget shall reflect all actual and anticipated revenues and
expenditures.
Members of the Commission, the Chairperson and peroons appointed
to assist the Cocmnmission 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 of Lodi in accordance with the travel allowance
policies adopted by the City of Lodi 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.
a) Within the ability of his present etaff, the City Manager
shall provide for a stenographer, space, equipment and
supplies to perform clerical and typing duties of the
Cocrosmi s s i on .
-5
b) The City Council may authcrize . subject to to �m i s s i o n Is
budget as apprond by the City Council, the appointment by
the Chairperson of such secretarial and clerical and other
staff assistants and the acquisition of such equipment &-id
supplies ae are necescary to enable the Chairperson and the
Cc mnission to carry out their functions and duties.
c) The City Council shall
ita facilities generally
perform the functions
Commission.
designate the space and shall make
available to the Commission to
related to the purposes of the
The Commission is authorized to secure through the City Manager
from any department, officer, consultant. commission, board,
employee, or other instrumentality of the City of Lodi
suggestions, eatimatec and statistics for the purposes of
carrying out the provisions of this Part and each Suez
department, officer, consultnnt, commission, board, employee, or
other instrumentality of the City of Lodi through the City
Manager, is authorized and directed to furnish such information,
suggestions, estimates and statistics to the Canmission upon
request made by the Chairperson of the Commission or upon the
request of any member or subcommittee of the Commission
whatsoever.
Sig;... i,o=Cffs : I
The Coemmission, or on th4 authorization of the Comlission, any
subccs ittee or member thereof, may, for the purpose of carrying
out the provisions of this Part, sit and act in euch time or
place within the City of Lodi as deemed necessary to the conduct
of its affaira. The deliberations of this Commission shall be
held in public session, but 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.
a) There is hereby established in the Department of Finance a
special account designated "Municipal Arts Fund.'
b) The City Council may make appropriations of funds to the
Municipal Arts Fund for works of art or other art fol'ma to
be selected and implemented by the Commission a5 set forth
in subsection (d) herein.
c) Private, state and federal funds acquired by the City or
Commission may be deposited zn the Municipal Arts Fund and
shall be used exclusively for the purposes and functions for
which appropriated or donated as set forth in subsection (d)
herein.
IV
d) Each disbursement from the Municipal Arts Fund shall be
authorized by the Commission, shall be expres ly designated
as xo payee and to purpose, and the City Finance Department
shall aurhorize paymenr from such fund upon approval of the
City Manager.
0 "Works of Art", as used in this Part shall include all
paintings, mural decorations. inscriptions, stained glass,
stacues. reliefs or other sculptures, monuments, fountains.
arches. or other structures, intended for ornament or
commemoration.
Nothing herein in this Part 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 povers and functions hereinabove provided to
be exercised by the Lodi 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 Lodi Arts Commission, or to receive from such, any report
or recommendation respecting any matter hereinabove mentioned in
the Part before taking any action or making any aecinion with
respect to such matter, it being the intention of this Part 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.
Dated_ August 19, 1992
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I hereby certify that Resolution No. 92-146 was passed and
adopted by the Lodi City Council in a regular meeting held AugusL 19,
1992 by the following vote:
Ayes: Council Members - Hinchman, Pennino, Siegl6ck, Snider
and Pinkerton (Mayor)
goes: Council Members - None
Absent: Council Meinbm - None
AW(A.
Alice M- Peimche
City Clerk
92-146
-7
� LOM ARTS COMMIS�nON
Honorable Mayor James Pinkerton
Lodi City Hall
221 West Pine Street
Lodi, CA, 95240
June 24, 1992 -
STI
f
RE: Lodi Arts Commission Appointment Terms
The Lodi Arts Commission has unanimiously approved a motion
requesting the Lodi City Council consider repealing paragraph �4
under MEMBERSHIP, of Resolution No. 89-121, "A Resolution of the
L-Od?• City Council Repealing and Reenacting Resolution No. 82-30
Relating to the Lodi Arts Commission", which reads:
No member shall serve more than two (2) consecutive
terms. This prevision shall apply to any persons
appointed to fill vacancies within the membership.
The substantiating reasons for this request are as follows:
1.) The Lodi Arts Commission membership has developed an
effective team with a good working relationships and
r�?pore among the membership:
2.) The commission has established a five-year plan
outlining goals and projects for the promotion and
cultivate programs of the arts in Lei;
3.) Each commission member has an intrrest and direct
responsibility in relationship to these goals and
projects;
4.) Eight of the eleven commissioners will be mandated
to retire from the commission prior to completion of
the five-year plan and the Froduction of planned
projects;
5.) The elimination of mandatory retirement from the
commission would allow planned projects continuity
of leaderships and con�:istancy in direction and
purpose;
F.) And it is noted, other advisory commissions to
the City Council do not have a limit on terms that
may be served; some members have served the City for
more than 20 years.
The Lodi Arts Commission submits this request with cant i<enca
that the elimination of limits or terms served by members will be
to the benefit of the arts in the City of Lodi.
125 South Hutchins. Suite D 0 Lodi, California 95240 0 (209)369-4952