Stockton Municipal Code

Chapter 3
ADMINISTRATIVE

Part VIII
STOCKTON ARTS COMMISSION

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SEC. 3-080. FINDINGS:
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 Stockton;
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 Stockton 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 Stockton Arts Commission to provide such recognition and assistance as will encourage and promote the City's artistic and cultural progress.
(Added by Ordinance 2845 C.S. — Effective Oct. 8, 1976)

SEC. 3-081. 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 act in an advisory capacity to the Stockton City Council in connection with the artistic and cultural development of the City.
(Added by Ordinance 2845 C.S.— Effective Oct. 8, 1976)

SEC. 3-082. MEMBERSHIP:
A. The Commission shall be composed of a chairman and fifteen (15) members appointed by the Mayor with the approval of the City Council. Such members shall be selected:
1. of persons representative of and of acknowledged accomplishment in one or more of the following arts disciplines: Architectural and Environmental Arts; Literature; Theatre; Dance; Music; Art Criticism; Art History; Painting; Sculpture; Photography; Art Education; or
2. persons working outside of professional practice in the arts who demonstrate a deep interest and appreciation of cultural and artistic activities;
3. so as collectively to provide a representative cross-section distribution of membership among the major art and cultural fields with appropriate consideration to be given in the appointment of members to such recommendations as may from time to time be submitted to the City by various groups interested in the various art and culture fields within the City of Stockton.
B. Each member of the Commission shall hold office for a term of four years, except that:
1. 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; and
2. the terms of the members first taking office (excluding the chairman) shall expire, as designated by the Mayor at the time of appointment: seven (7) at the end of the second year, and eight (8) at the end of the fourth year.
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 officio 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 of Stockton 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 of Stockton. 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.
(Amended by Ordinance 007-93C.S. — Effective April 1, 1993) (Added by Ordinance 2845 C.S. — Effective October 8, 1976)

SEC. 3-083. CHAIRMAN:
A. The Mayor shall appoint by and with the advice and consent of the City Council a Chairman of the Commission from among the private citizens of the City of Stockton who are widely recognized for their knowledge of, or experience in, or for their profound interest in the field of art and culture. If a vacancy occurs in the office of the Chairman, the Mayor shall fill the vacancy in the same manner in which the original appointment was made.
B. The Chairman shall serve at the pleasure of the City Council but not in excess of two consecutive years per term, and the provisions of this Subsection shall apply to any person appointed to fill the vacancy in the office of the Chairman.
(Added by Ordinance 2845 C.S.— Effective Oct. 8, 1976)

SEC. 3-084. VACANCIES — ABSENCES:
A vacancy may be declared pursuant to established City Council policy for absence from Commission meetings.
(Amended by Ordinance 029-91C.S. — Effective July 4, 1991) (Added by Ordinance No. 2845 C.S. — Effective Oct. 8, 1976)

SEC. 3-085. ORGANIZATION:
The Commission shall organize, adopt administrative rules and procedures, consistent with this Part, to accomplish its purposes. The Chairman shall appoint such officers or committees as shall be deemed by the Commission.
(Added by Ordinance 2845 C.S. — Effective Oct.8, 1976)

SEC. 3.086. 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 Chairman or a majority of the Commission, but not less than once every three (3) months. A majority of the members of the Commission shall constitute a quorum. The affirmative votes of nine (9) members of the Commission are required to take any action. The Commission shall keep an accurate record of its proceedings and actions;
B. Recommend ways to maintain and increase the artistic and cultural resources of the City of Stockton;
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, schools, the City, any 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 museums or 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 community 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 Stockton and how such can be encouraged and developed;
K. To 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 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.
L. 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. (Amended by Ordinance 3371C.S. — Effective Sept. 18, 1980)

SEC. 3-087. ANNUAL REPORT:
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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-088. ANNUAL BUDGET:
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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-089. COMPENSATION:
Members of the Commission, the Chairman 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 Stockton in accordance with the travel allowance policies adopted by the City of Stockton 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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-090. 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.
B. The City Council may authorize, subject to the Commission's budget as approved by the City Council, the appointment by the Chairman of such secretarial and clerical and other staff assistants and the acquisition of such equipment and supplies as are necessary to enable the Chairman 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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-091. STAFF ASSISTANCE:
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 Stockton 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 Stockton through the City Manager is authorized and directed to furnish such information, suggestions, estimates and statistics to the Commission upon request made by the Chairman of the Commission or upon the request of any member or subcommittee of the Commission whatsoever.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-092. MEETINGS — LOCATION:
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 Stockton 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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-093. 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.
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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8, 1976)

SEC. 3-094. 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 Stockton 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 Stockton Arts Commission, or to receive from such any report or recommendation respecting any matter hereinafter 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.
(Added by Ordinance 2845-C.S. — Effective Oct. 8,. 1976)

SEC. 3-095. PUBLIC ART PROGRAM PURPOSE AND FINDINGS:
The City of Stockton wishes to create expanded opportunities to experience public art resulting from the creative expression of artists in public places of the City. 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 throughout the City. These Sections establish a program for the inclusion of works of art and/or design services of artists in certain City and Redevelopment Agency capital projects.

SEC. 3-096. DEFINITIONS:
A. ANNUAL PUBLIC ART PLAN means a program developed by the Public Art Advisory Committee, following review of the proposed capital projects, including a prioritized list of visual projects, with budgets and recommended inclusion of an art element and/or a design approach, developed in consultation with City departments and the Redevelopment Agency, and approved annually by the Council and Redevelopment Agency.
B. 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.
C. PUBLIC ART ADVISORY COMMITTEE means a professionally qualified citizen committee appointed by the City Council to oversee quality control of the public art program, its projects, and to recommend scope of projects, artworks, and artists for the public art program.
D. CITY/AGENCY CAPITAL PROJECT means any capital improvement project paid for wholly or in part by funds of the City of Stockton or the Redevelopment Agency, from any source including bond and grant funding, to construct or remodel a building, decorative, historic or commemorative structure, park, street, sidewalk, parking facility, or utility or any portion thereof, excluding publicly assisted residential construction or rehabilitation projects, under the jurisdiction of the City of Stockton or the Redevelopment Agency.
E. DEMOLITION COSTS means payments for any work necessary for the removal of buildings, facilities or other existing structures or facilities from City or Agency-owned or controlled property or in preparation for construction of a project.
F. EQUIPMENT COSTS means payments for any furniture, equipment or furnishings that are portable and of standard manufacture. It shall not mean items that are custom designed for, or that create a new use for, a facility, whether portable or affixed.
G. PUBLIC ART FUND means a separate account which is established by the City to receive monies appropriated to the Public Art Program.
H. PUBLIC ART ADMINISTRATION ACCOUNT means an annual appropriation from the Public Art Fund to a separate account specifically designated for the educational activities of and administration of the Public Art Program.
I. PUBLIC ART COLLECTION means all City-owned artworks.
J. REAL PROPERTY ACQUISITION COSTS means payments made for the purchase of parcels of land or other real property interests, existing buildings or structures, and costs for environmental evaluation, appraisals, negotiations or escrow and title insurance in connection with such acquisition.
K. FINANCING COSTS means amounts included in a project budget for costs associated with securing funding for the project, interest, whether prepaid or amortized, and similar charges related directly to funding for the project.
L. PUBLIC ART PROGRAM means, generally, the processes and approach to establishing art elements in public projects and public places as established hereby.
M. REMEDIATION COSTS means amounts budgeted for the purpose of testing, monitoring, or clean-up of contaminants in soils and/or groundwater as well as the costs of seismic retrofitting.

SEC. 3-097. FUNDING FOR CITY OR AGENCY PROJECTS:

A. APPROPRIATIONS. All appropriations for City capital improvement projects (“CIP”) and all other capital projects funded from other sources, shall include an amount equal to two percent (2%), unless otherwise prohibited, as identified in the Annual Public Art Plan or as provided below and finally determined by the City Council or Redevelopment Agency, of the total construction project budget, to be used for design services of artists and for the selection, acquisition, commissioning, and display of artworks, for maintenance, and for administration of the Public Art Program. Funds appropriated as part of one such project, but not deemed necessary by the Public Art Advisory Committee in total or in part for said project, may be allocated to and expended on other projects approved under the Annual Public Art Plan, unless otherwise prohibited. Projects which are proposed following adoption of the City’s annual budget shall be referred to the Public Art Advisory Committee for review, for compliance, and recommendations to the City Council or Agency Board regarding such projects.
B. GRANT APPLICATIONS. All City departments and the Redevelopment Agency shall include in applications for capital projects to outside granting authorities and in CIP budgets, amounts for artists' services and/or artworks as specified herein.
C. METHOD OF CALCULATION. The minimum amount to be appropriated for artists' services and/or artworks shall be the total capital project cost multiplied by 0.02, provided that amounts budgeted for Real Property Acquisition Costs, Demolition, Remediation Costs, Equipment Costs, Financing Costs, for those public improvements, as included in the Annual Public Art Plan, and any funds which are not eligible to be used for such purposes or are otherwise restricted, shall not be subject to the calculation.
D. 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 3-098.A hereof 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, Executive Director of the Agency and the City Council or the Redevelopment Agency Board.

SEC. 3-098. PUBLIC ART FUND; USES OF FUNDS:

A. PUBLIC ART DESIGN COMPONENT. An amount equal to eighty percent (80%) of the monies allocated hereunder may be used to fund artists' design concepts, for the selection, acquisition, purchase, commissioning, placement, installation, exhibition, and/or display of artworks and for artist-selection-related costs, architect's fees where collaboration is involved, design/drawing/maquette costs, and identifying plaques. Artworks may be permanent or temporary, may be integral to the architecture or structure of the project, or may be incorporated into the construction project. Integration of the artists' design concepts and/or the artworks into the project architecture should be ensured by concurrent selection of the artist(s) with the architect and/or designer or design team. The artist shall function as an integral part of the design team in development of the design of the project. For any project subject to these sections for which a design team is to be selected by the request for proposals process, a member of the Public Art Advisory Committee shall be invited to participate in the consultant/design selection process to provide input into selection of the design team.
In the alternative, for projects which by their physical nature do not lend themselves to inclusion of an art design component, i.e., projects constructed under ground, the monies allocated under this Section may be deposited into the Public Art Fund to be used, unless otherwise prohibited, to fund other appropriate public art projects.
B. PUBLIC ART ADMINISTRATION ACCOUNT. An amount equal to fifteen percent (15%) of the monies appropriated hereunder shall be deposited into a separate account within the Public Art Fund, to be known as the Public Art Administration Account, which shall be used in administration of the Public Art Program, including without limitation, for project administration, community education, insurance, curatorial services, documentation, publicity, and such other purposes as may be approved by the City Council or the Redevelopment Agency through the annual budget.
C. PUBLIC ART MAINTENANCE ACCOUNT. An amount equal to five percent (5%) of the monies appropriated hereunder shall be deposited into a separate account 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.
(Amended by Ordinance 037-02 C.S. – Effective September 12, 2002)

3-099. RESPONSIBILITIES:

A. PROGRAM ADMINISTRATION.
(1) THE CITY COUNCIL shall appoint the membership of the Public Art Advisory Committee. The Council shall develop or cause to be developed, the City of Stockton’s Public Art Master Plan which shall establish the City’s policy and guidelines concerning the Public Art Program. The City Council shall request the Redevelopment Agency Board to review and concur in the Master Plan. The City Council and/or Agency Board shall review their respective projects and the application of the requirements of Section 3-096, 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.
(2) THE ARTS COMMISSION shall be responsible for oversight of the Public Art Program, including, with consultation and assistance of City staff, establishing and/or revising program policies and guidelines, and recommending appointees for the Public Art Advisory Committee to the Council for appointment. The Arts Commission shall develop a policy regarding formation and membership make up of the Public Art Advisory Committee, including, without limitation, the qualifications for appointment and terms of office, recommended to the City Council for adoption. This policy shall include that at least one (1) and not more than two (2) members of the Arts Commission shall be recommended to the Council for appointment to the Public Art Advisory Committee.
(3) THE PUBLIC ART ADVISORY COMMITTEE shall be responsible for administration of the Public Art Program. The Public Art Advisory Committee shall, without limitation: develop and recommend to the City Council its proposed budget for each year. review and recommend for City Council and/or Agency Board approval (through the typical City selection and contracting process), selection of and contracts with artists, and shall generally administer the Public Art Program by developing the Annual Public Art Plan including, without limitation, reviewing the annual CIP projects, recommending which projects or portions thereof are subject to these Sections and recommending artistic elements and/or opportunities within each project, reviewing and recommending modification of the Public Art Master Plan, evaluating and recommending designation of sites, recommending project scope and budget, participating in review and drafting of the RFP for design services (concerning the public art elements to be considered), participating in the artist (RFP) selection process for City projects, recommending the commissioning of artworks, evaluating and recommending to the Council offers of gifts of art for the Public Art Collection, reviewing design, execution, and placement of artworks, overseeing the process for removal of artworks from the Public Art Collection, and recommending repair, renovation or replacement of artworks in the Public Art Collection
(Amended by Ordinance 037-02 C.S. – Effective September 12, 2002).

B. SELECTION JURIES. For public art projects proposed by the Public Art Advisory Committee, the Committee shall invite professionals in the visual arts and design fields and a member of the Design Team, if applicable, to serve in the artist-selection process (pursuant to the typical City selection and contracting process) in order to ensure works of the highest quality. The Public Art Advisory Committee also shall ensure appropriate community participation in the selection process and public education activities as a component of the planning process.

C. MAINTENANCE. The Annual Public Art Plan shall require that any proposed work of art or art element generating operation or maintenance costs beyond the ordinary costs associated with typical project maintenance be accompanied with a detailed fiscal note and plan for funding such costs.

The Public Art Advisory Committee shall be responsible for recommending that a survey be conducted (by recommending use of a consultant to be determined pursuant to applicable City selection and contracting processes), of the condition of the Public Art Collection. The survey shall be updated annually 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 Committee and the Arts Commission, reviewed and approved through the annual budget process, and finally approved by the City Council.

D. GIFTS AND DONATIONS. The Public Art Advisory Committee shall have further responsibility for reviewing and recommending to the Arts Commission, 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.

E. STYLE. The City Council shall establish policies and guidelines which ensure over time that the City collection represents 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.
Sections 3-095 through 3-099 repealed and added by Ordinance 018-00 C.S – Effective June 29, 2000) (Sections 3-095 through 3-099 added by Ordinance 012-00 C.S. – Effective May 25, 2000)

SECTION. II. SEVERABILITY:

Should any section, subsection, paragraph, sentence, clause, or phrase hereof be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions hereof.
(Added by Ordinance 012-00 C.S. – Effective May 25, 2000)

Article 1 through Article 6*

RESERVED

*Editor's Note: Article I through Article 6, previously contained beneath the heading "Campaign Reform" have been repealed and removed from Chapter 3 by Ordinance 083-90.C.S. — Effective Feb. 2, 1991.