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HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 2.D. -L��pPLM SpR iy c u m City Council Staff Report a<i�aet�r DATE: March 5, 2008 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1738, AMENDING SUBSECTIONS (C) AND (D) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY= The City Council will consider adoption of Ordinance No. 1738, RECOMMENDATION: Waive further reading and adopt Ordinance No_ 1738, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES." STAFF ANALYSIS: At its February 20, 2008, meeting Ordinance No. 1738 was introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. This report provides for the City Council to waive further reading and adopt the ordinances. The ordinances shall be effective 30-days from adoption. mes Thompson David H. Ready, Esq, ity Clerk City Manager Attachments: Ordinance No. 1738 Item No. 2 . PROPOSED ORDINANCE NO. 1738 AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES CityAttorney's Summary This Palm Springs Municipal Code contains an ambiguity regarding the City's authority to use the Public Arts Fund for contributions to local art museums and maintain artwork purchased or acquired with revenues from the fund. This Ordinance amends this Palm Springs Municipal Code to make clear that the Public Arts Fund may be used for contributions to local art museums which include a benefit for Palm Springs residents and reaffirms that expenditures for maintenance of artwork purchased through the fund is permissible.. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Subsection (c) of Section 3.37.040 of the Palm Springs Municipal Code is amended to read: (c) Use of Fund. The funds shall be used solely for the permanent or temporary acquisition, installation, improvement, display, maintenance, and insurance of artwork to be displayed in the city and the administration of the public arts program. Section 2. Subsection (d) of Section 3.37.040 of the Palm Springs Municipal Code is amended to read: (d) Permissible Expenditures. (1) The cast of artwork and its installation and maintenance; (2) The cost of purchase or lease of art sites; (3) Contributions to local art museums subject to a negotiated benefit for Palm Springs residents as determined by the City; (4) Waterworks, landscaping, lighting, signage, and other objects which are commissioned from an artist as an integral aspect of a structure or site or which are necessary for the proper aesthetic presentation and structural placement of artwork; (5) Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork; (6) Expenditures for maintenance and repair of artworks; 552945 1 Ordinance No. 1738 Page 2 (7) Administrative expenses, including legal, to otherwise implement, uphold, or carry out any provision of this Chapter. Section 3. The current provisions of the Palm Springs Municipal Code are silent on the issue of whether donations to local art museums are a permissible or impermissible expenditure of monies in the City's Public Arts Fund. The City Council finds that it has been and is the intent of the City Council that the Public Arts Fund can be used for contributions to local art museums where there is a defined or negotiated benefit for Palm Springs residents and that this Ordinance is declaratory of existing law. The City Council ratifies and approves any past expenditure that may have been made from the Public Arts Fund for any contribution to a local art museum. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 2008. STEVE POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM DOUGLAS HOLLAND, CITY ATTORNEY 6� 00 552845 1 Ordinance No. 1738 Page 3 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1738 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 20, 2008, and adopted at a regular meeting of the City Council held on March 5, 2008, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 552845 1 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (20 5.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen .-.-_.........___ years,and not a party to or interested in the above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, No o76A- -- city of Palm Springs County of Riverside,and which newspaper has been SUMMARY OF ORDINANCE NO.1738 adjudged a newspaper of general circulation by the ORDINANCE NO.17311 Superior Court of the County of Riverside,State of AN ORDINANCE OF CITY OF PALM SPRINGS CAL- Cali£ornia under uhe data of March 24,1988.Case IFORNIA AMENDING SUBSECTIONS Icl ARD fd) Number 191236;that the notice,of which the OPSE&ION 3.37-04e OF THE PALM SPRINGS M - annexed is a printed copy(set in type not smaller PERMISSIBLEELXPENDITURE5PU6LIC ARTS FUND than non pariel,has been published in each regular Otyauomeys summery and entire issue of said newspaper and not in any Thr$Palm Spdogg Municipal Code contalns•an ambl- snpplementthereat on the Following dates,to wit: putty regarding lira Cilys aulhonly to use the Public Arts Fund!or conrdbunons to local an museums and maintain artwork purchased or acquired with revenues March 13"',200$ firm Springqihe s Munlclpal Codetomake clear t�the Pubic Art$Fund may he used for contributions to local an museums which Include a benefit ror Palm Springs res- idents and reaffirms that expenditures for maintenance of anworkpurchased through the fund is Pennlss@le., _.__........... ..__........ All in the year 2008 CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. I certify(or declare)under penalty of perjury that the CITY OF PALM SPRINGS foregoing is true and correct. nMooao•nloylcelltiane$ph7s. CafMi , ddorbr y ma &nnc No.138 is a full true,and correct copy,and was m- traduced at a regular mB9thnp of the Palm Springs City Dated al Palm Springs,California this----18a',--day cm�ncd.an-Eoi>..�ery2o 2onR auLaao mq ahrapu. __ —. - lur moolmq-ol the Clry bouncll held bn-March S 2008 by the following vole: of----- Marc r, ---,�----- _�2008 AYES: Councllmember Hutcheson, CounCilmomber Mills, Councilmember Wm ol, and Mayor Pro Tem Fc at. NOES: Nona. ABSENT Mayor Pougnot _ _____________. Clerk t naiB rC James Thompson,Cl Clerk ubushed:3Lt3tno city of Palm Spnngg,Ca Write a N O CC � Ny C.7� N r L11 cif n 4' WC,,.— r V r � � All e— N C.: CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (a OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: March 5, 2008 Subject: Ordinance 1738 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that summaries Ordinance No. 1738, adopted by the City Council on March 5, 2008, was published in the Desert Sun on March 13, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. 1L"Z-Lt& Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that the summary and copies of Ordinance No. 1738 was posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before March 13, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary City of Palm Springs ORDINANCE. NO. 1738 AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES City Attorney's Summary This Palm Springs Municipal Code contains an ambiguity regarding the City's authority to use the Public Arts Fund for contributions to local art museums and maintain artwork purchased or acquired with revenues from the fund. This Ordinance amends this Palm Springs Municipal Code to make clear that the Public Arts Fund may be used for contributions to local art museums which include a benefit for Palm Springs residents and reaffirms that expenditures for maintenance of artwork purchased through the fund is permissible.. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1738 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 20, 2008, and adopted at a regular meeting of the City Council held on March 5, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Foat. NOES: None- ABSENT: Mayor Pougnet. ?Citmy 5Thompson, City Clerkf Palm Springs, California H:\USERS\C-CK1KathleH\Crd Summary\Ordinance 1738 Summary.doc ORDINANCE NO. 1738 AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES CityAttorney'S Summary This Palm Springs Municipal Code contains an ambiguity regarding the City's authority to use the Public Arts Fund for contributions to local art museums and maintain artwork purchased or acquired with revenues from the fund. This Ordinance amends this Palm Springs Municipal Code to make clear that the Public Arts Fund may be used for contributions to local art museums which include a benefit for Palm Springs residents and reaffirms that expenditures for maintenance of artwork purchased through the fund is permissible.. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Subsection (c) of Section 3.37.040 of the Palm Springs Municipal Code is amended to read: (c) Use of Fund. The funds shall be used solely for the permanent or temporary acquisition, installation, improvement, display, maintenance, and insurance of artwork to be displayed in the city and the administration of the public arts program. Section 2. Subsection (d) of Section 3.37.040 of the Palm Springs Municipal Code is amended to read: (d) Permissible Expenditures. (1) The cost of artwork and its installation and maintenance; (2) The cost of purchase or lease of art sites; (3) Contributions to local art museums subject to a negotiated benefit for Palm Springs residents as determined by the City; (4) Waterworks, landscaping, lighting, signage, and other objects which are commissioned from an artist as an integral aspect of a structure or site or which are necessary for the proper aesthetic presentation and structural placement of artwork; (5) Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork; (6) Expenditures for maintenance and repair of artworks; (7) Administrative expenses, including legal, to otherwise implement, uphold, or carry out any provision of this Chapter. sszsas. Ordinance No. 1738 Page 2 Section 3. The current provisions of the Palm Springs Municipal Code are silent on the issue of whether donations to local art museums are a permissible or impermissible expenditure of monies in the City's Public Arts Fund. The City Council finds that it has been and is the intent of the City Council that the Public Arts Fund can be used for contributions to local art museums where there is a defined or negotiated benefit for Palm Springs residents and that this Ordinance is declaratory of existing law. The City Council ratifies and approves any past expenditure that may have been made from the Public Arts Fund for any contribution to a local art museum. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS 5" DAY OF MARCH, 2008. STEVE POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1738 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on February 20, 2008, and adopted at a regular meeting of the City Council held on March 5, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Pougnet. James Thompson, City Clerk City of Palm Springs, California 5528451