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HomeMy WebLinkAboutResolutions - No. 2010-137RESOLUTION NO. 2010-137 A RESOLUTION OF THE LODI CITY COUNCIL AMENDING THE POWERS AND DUTIES RELATING TO THE LODI ARTS COMMISSION, THEREBY REPEALING RESOLUTION NO. 2003-175 WHEREAS, the stature of a community is not measured by size alone, but in the way its physical and cultural needs are met; and WHEREAS, with this in mind as being most important and with the establishment of the Division of Arts and Culture within the City's Community Center Department, which adheres to the above statement, along with the constant and concrete evidence of an expanding interest in the arts, both nationally and locally, it is most advisable that the Lodi Arts Commission, created by the City Council of the City of Lodi on March 17, 1982 by adoption of Resolution No. 82-30, be re -affirmed and re-established to assist local arts groups to become more reflective of the wide range of contributive talents existing within the community; and WHEREAS, such a commission, parallel to and balancing the existing Parks and Recreation Commission, will provide strong support within the administration of the Arts and Culture Division and will prove a valuable asset to the City in procuring such monies from regional, state, and national sources as may be available in support of the arts and their furtherance; and WHEREAS, to such end, the following design for the establishment of a Lodi Arts Commission is hereby submitted. FINDINGS: The City Council herebyfinds 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 of Lodi; 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 of Lodi 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; and f) That in order to implementthese findings it is desirable to establish the Lodi Arts Commission to provide such recognition and assistance as will encourage and promote the City's artistic and cultural progress. ARTS COMMISSION ESTABLISHED: NOW, THEREFORE BE IT RESOLVED that there is established a Lodi Arts Commission to promote and encourage programs to further the development and public awareness of and interest in the fine and performing arts and to act in an advisory capacity to the Lodi City Council in connection with the artistic and cultural development of the City. iIF a) The Commission shall be nine (9) members appointed by the Mayor from a list of nominees, with the approval of the City Council. b) Each member of the Commission shall hold office for a term of three (3) years, except that: The terms of office for all members of the Arts Commission shall be deemed to run from July 1 of each year. Commencing on July 1, 1990, the Mayor, with the approval of the City Council, appointed four (4) new members to the Commission. On July 1, 1991, the Mayor, with the approval of the City Council, appointed four (4) members, and on July 1, 1992, the Mayor, with the approval of the City Council, appointed three (3) members; and 2. Current appointees will retain their appointment following adoption of this Resolution. 3. As terms expire, succeeding appointees shall serve for three (3) year terms; and 4. Any member appointed to fill the vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. c) In addition to the Mayor, City Manager, and City Attorney, such other persons as may be designated as ex 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 Commission. CHAIRPERSON a) The Chairperson shall be selected 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 Commission to fill out the unexpired current term. c) The Chairperson shall serve at the pleasure of the Arts Commission, 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. SECRETARY OF THE COMMISSION: The Secretary of the Commission shall be the City's Arts & Events Manager, who shall act as liaison between the Commission and the City Council. VACANCIES: If a member of the Arts Commission shall be absent from three (3) consecutive regular meetings of the Commission without leave of absence from the Commission expressed in its official minutes, such office shall become vacant and shall be so declared by the Mayor. The Secretary of the Commission shall notify the City Clerk of any vacancy whenever such occurs. ORGANIZATION The Commission 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 the Commission. POWERS AND DUTIES: 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 of the Commission shall constitute a Quorum. The affirmative votes of five (5) 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 resources of the City of Lodi; c) Propose methods to encourage private initiative in the fields of art and culture; d) Assist in the solicitation of private, state, and federal funding available for the fine and performing arts; e) Develop and recommend 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; g) Advise and consult with public and private groups, schools, the City, and State or Federal Cultural and Art Commission interested in, or having knowledge or experience in, the fields or art and culture of the City; h) Improve access to the arts through various programs so that the arts are within the reach of persons of a# 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; i) Call for studies and make recommendations with a view 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 be encouraged and developed; j) Provide preliminary screening of annual requests for allocation of Community Promotion funds for cultural and art activities and recommend a list of priorities with regard to those requests to the City Council. The Commission recommendation shall: 1. Be listed by priority ranking to reflectthe 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 Managerto 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 the City Council. k) To perform such other related duties and function as the City Council may from time to time direct or otherwise appoint the Commission to administer or coordinate on behalf of the City. ANNUAL PRESENTATION: The Commission shall prepare and deliver a presentation to the Community Center Director, not later than one hundred and fifty (150) days after the end of each calendar year to include an annual account of its activities and goals. ANNUAL BUDGET: The Commission's Secretary 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. 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 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. STAFF SUPPORT: The City Council may authorize, subject to the budget of the Division of Arts and Culture as approved by the City Council, such clerical and other staff assistants and the acquisition of such equipment and supplies as are necessary to enable the Commission to carry out its functions and duties. STAFF ASSISTANCE: The Commission is authorized to secure through the City Managerfrom any department, officer, consultant, commission, board, employee, or other instrumentality of the City of Lodi suggestions, estimates, and statistics for the purposes of carrying out the provisions of this Part and each such department, officer, consultant, 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 Commission upon request made by the Chairperson of the Commission or upon the request of any member or subcommittee of the Commission whatsoever. MEETINGS— LOCATIONS: The Commission, or on the authorization of the Commission any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this Part, sit and act in such time or place within the City of Lodi as deemed necessary to the conduct of its affairs. 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. AUTHORITY NON-EXCLUSIVE: 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 powers and functions hereinabove provided to be exercised by the Lodi Arts Commission be non-exclusive. 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 decision 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. NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council hereby approves the amendment to the powers and duties of the Lodi Arts Commission as set forth above; and BE IT FURTHER RESOLVED, that Resolution No. 2003-175 is hereby repealed in its entirety and all previously adopted resolutions relating to the establishment and operation of the Lodi Arts Commission are hereby rescinded. Dated: August 4, 2010 ------------------------------------------------------------------ ------------------------------------------------------------------ hereby certify that Resolution No. 2010-137 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 4, 2010, by the following vote: AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson, and Mayor Katzakian NOES: COUNCIL MEMBERS— None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS— None OOHL City Clerk 2010-137