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HomeMy WebLinkAboutAgenda Report - September 17, 2003 E-16CITY 01F LODI AGENDA T t r s f t min f e "p w r and duties r I t" tri the Lodi Arty;'` Commission, thereby repealing. esolution No. 92-14 MEETING DATE- September 17, 200 PREPARED BY: Tea Silvestro, Arts Coordinator E GE(iE1.19 111.30111F., Wi5flil:il3 "Lt Ii [I' II V. [[E on, thereby repealing Resolution o. 92-146 AOsolely Divisioncurrent standards of operation: withinthe Art.s Commis�lon:and the AprilOn _ Arts Commissionunanimously approved a motion to request that th 0 City Council amend Resolution 92-146. FUNDING: None. Respectfully Submitted, Tea Silvestre, Arts Coordinator RESOL10T'ION NO. 92-145 A RESOLUTION OF THE LODI CITY COUNCIL REPEALING AND REENACTING RESOLUTION NO. 89-121 RELATING TO THE LODI ARTS COMMISSION, THEREBY DELETING REFERENCE TO THE NUMBER OF CONSECUTIVE TERMS MEMBERS MAY SERVE. WHEREAS, the Lodi Arts Commission has unanimously approved a motions requesting the Lodi City Council consider repealing paragraph 4 of Resolution No_ 89-121 which reads: "No member shall serve more than two (2) consecutive terms. This provision shall apply to any persons appointed to fill vacancies within the membership."; and WNEREAS, the Lodi Arts Commission submits their request to repeal Paragraph 4 with confidence that the elimination of limits on terms served by members will be to the benefit of the arts in the City of Lodi; NOW, THSREFORE, BE IT RESOLVRD AS FOLLOWS: 1. Resolution No. 89-121 is hereby repealed in its entirety and all previously adopted resolutions relating to the establishment and operations of the Lodi Arts Commission are hereby rescinded, and Resolution No. 89-121 is reenacted to read in full as follows: :-.=xm=nssczxx.=s=.xx�===sxa=sagwxx=xa�ax=x=xxa=-�=xxxaxcp=xx=ax==rxxa=� WHEREAS, the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 Lodi Community Center 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 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 WHEREAS, such a Commission, parallel to and balancing the existing Recreation Commission, will provide strong support within the administration of the Lodi Community Center and will prove a valuable assist 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 Comenissian is hereby submitted. FINDINGS: The City Council hereby finds and declares: -1- 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 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 artistic and cultural progress. ARTS CODWSSION ESTABLISHED - NOW, THEREFORE SS 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. MEMBERSHIP: a) The Commission shall be eleven (11) 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 tern of three (3) years, except that: 1) The terms of office for all members of the Arts Commission shall be deemed to run from July i of each year. Commencing on July 1, 1990, the Mayor, with the approval of the City Council, shall appoint four (4) new members of the Commission. On July 1, 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 third years following the adoption of this Resolution, succeeding appointees shall serve for three (3) year terms; and 3) 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) in addition to the Mayor, the City Manager, and the 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 Commii ss ion . 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 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. SECRETARY OF THS C N• The secretary of the Commission shall be the Community Center Director, who shall act as liaison between the Commission and the City Council. YA IE : 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 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. 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. -3- PgMRS- An 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 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 resources of the City of Jodi; c) Propose methods to encourage private initiative in the fields of art and culture; d) Solicit private, state and federal funding available for the fine and performing arts; e) 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; g) 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 shall especially be concerned for segments of the conummity in which the arts are lacking and needed; j) Conduct 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; -4- I k) 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 reflect the Commission's reccamendations 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 shade 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. AMMQAL RSRQRT : The Commission shall prepare and submit to the City Council, not later than sixty (60) days after 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. COMPBNUATION: 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. CLERICAL ASSISTANCE: a) Within the ability of his present staff, the City Manager shall provide for a stenographer, space, equipment and supplies to perform clerical and typing duties of the Commission. -5- b) The City Council may authorize, subject to the Commission's budget as approved by the City Council, the appointment by the Chairperson of such secretarial and clerical and other staff assistants and the acquisition of such equipment and supplies as are necessary to enable the Chairperson and the Commission to carry out their functions and duties. c) The City Council shall designate the space and shall make its facilities generally available to the Commission to perform the functions related to the purposes of the Commission. STAFF SYSTANCS: 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, estimates and statistics for the purposes of carrying out the provisions of this Fart 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. r84TLINGs : Lg=IQN- 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. MUNICIPAL, ARTS FUND 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 forms to be selected and implemented by the Commission as set forth in subsection (d) herein. c) Private, state and federal funds acquired by the City or Commission may be deposited in 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. -6- d) Each disbursement from the Municipal Arts Fund shall be authorized by the Commission, shall be expressly designated as to payee and to purpose, and the City Finance Department shall authorize payment from such fund upon approval of the City Manager. e) "Works of Art", as used in this Part shall include all paintings, mural decorations, inscriptions, stained glass, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures, intended for ornament or commemoration. C•O:ilL• rel 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 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 chatter 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. Dated: August 19, 1992 I hereby certify that Resolution No. 92-145 was passed and adopted by the Lodi City Council in a regular meeting held August 19, 1992 by the following vote: Ayes: Council Members - Hinchman, Pennino, Sieglock, Snider and Pinkerton (Mayor) Noes: Council Members - None Absent: Council Members - None ms.'.`µ' /►t ��� Alice M. Re Mche City Clerk 92-146 -7- RESOLUTION NO. 2003-175 A RESOLUTION O THE LODI CITY COUNCIL AMENDING THE POWERS AND l3UTIES RELAT%NO O THE LORI ARTS COMMISSION THEREBY REPEALING RESOLUTION NO. 92-146 WHEREAS, the stature of a community is not measured by size alone, but in the way its physical and cultural needs are mot; and 1 WHEREAS, with this in mind as being most important and with the establishment at 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 rationally 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. 32-30, 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. Ell N : 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 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. therm 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 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 artistic and cultural progress. i 1 7 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. a) The Commission. shall be. eleven (11) 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 Arks Commission shall be deemed'to run from July t of each year. Commencing inn July 1, 1990, the Mayer, with the approval of the City Council, shall appoint four (4) new members to the Commission. On July 1, 1991, the Mayor,' with the approval of the City.Council, shall appoint four (4) members, and on July 1, 199, the Mayor, with the approval of the City Council, shall appoint three (3) members; and 2. As teras expire after the first, second and third years following the adoption of this Resolution, succeeding appointees shall serve for three . (3) year terms;.arid 3. Any member appointed. to fill the vacancy occurring prior to the expiration of the terry, 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, amploye , or instrumentality of the City of Lodi to aid, assist, and advise the Arts Commission. 12A 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 tern 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 currant term. c) The. Chairperson shall serve. at the pleasure of the Arts Commission, but not in excess of two (2) consecutive terns, and the provisions of. :this subsection shall apply to any person appointed to fill the vacancy in the office of Chairperson.. ,M O The Secretary of the Commission shall be the City's Arts Coordinator, who shall act as liaison between the Commission acid the City Council. VACANCIES: ROWERS ANS i T� IE : 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 eery three months. A majority of the members of the Commission shall constitute a Quorum. The affirmative votes of six (6) members of the Commission are` required to talo any action. The Commission shell 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 aid cultural endeavors and the use of the arts bath locally and outside of the City to pro ote 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 accessto the arts through various programs so that the arts are within the reach of persons' of all cultural backgrounds and levefs of income. The Commission shall especially be concealed 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 car 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. promotionfunds 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 reflect the Commission's recommendat.lons based on thorough consideration and evaluation of information and data to be submitted by applicant org nizations 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 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 - 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 .Blfl)GET: 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 revenges acid expenditures. COMPENSATION: Members of the Commission, the Chairperson, and persons appointed to assist:lhe commission in making its studies shall serve at no salary, but shall be reimbursed #or travel and subsistence expenses incurred in the performance of their duties while away from the City sof Lodi in acoordance with the travel allowance policies adopted try the CRY of Lodi,. but only to the extent that appropriations for such travel .allowance have been provided in the Commission'sbudget and approved by the City Council. �T6EE t ERP. l": The City Council may Guth prize, s �bjept 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 functitons and duties. The Commission is authorized to secure through the City Manager from..any department, officer, consultant, commission, beard, employee, or other instrumentality of the City of Lodi suggestions, estimatesi and statistics for the purposes of carrying out the provisions ofthis Part and each such department, officer, consultant, core mission, 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 — LOCATI The Commission, or on the authorization of the Commission any subcommittee or member thereof, may, for the purpose of`parrying 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 hold in public session, but this shall not constitute the sessions as public Hearings as a manor of right open to participation by members of the general public at urge, except at the will of the majority of the Commission. AU TI ORITY NOWEXCLUSIV E. Nothing herein in this Part shall be deemed to deprive the City Council or any beard, commission or officer. cif 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., car 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 Fart to authorize the performance of certain functions by said Commission arra 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 tete Lodi Arts Commission as set forth above; and BE IT FURTHER.RESOLVED, SOLVED, that Resolution No. 92-146 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 September 17, 2003 003 1 hereby certify that Resolution No. 2003-175 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 17, 2003 by the following vote: AYES: COUNCIL MEMBERS ® Beckman, Hansen, Howard, Land, and Mayor Hitchcock ABSENT- MEMBERS Nont ABSTAIN: OMEMBERS .:. ' 'fir..•.......+ SUSAN J. RLACKSTON City Clerk 2003-175