HomeMy WebLinkAboutAGENDA REPORT 2021 1117 CCSA REG ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of November 17, 2021
ACTION INTRODUCED ORDINANCE NO.
498 FOR FIRST READING. (ROLL CALL
VOTE: UNANIMOUS).
BY B. Garza.
C.Consider an Ordinance Amending Section 2.38.080 of Chapter 2.38 Arts
Commission, of Title 2 Administration and Personnel, of the Moorpark Municipal
Code, and Determining that this Action is Exempt from the California
Environmental Quality Act. Staff Recommendation: Introduce Ordinance No. 498
for first reading, waive full reading, and place this ordinance on the agenda for the
December 1, 2021, meeting for purposes of providing second reading and
adoption of the ordinance. (ROLL CALL VOTE REQUIRED) (Staff: Chris Ball,
Senior Management Analyst)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Senior Management Analyst
DATE: 11/17/2021 Regular Meeting
SUBJECT: Consider an Ordinance Amending Section 2.38.080 of Chapter 2.38
Arts Commission, of Title 2 Administration and Personnel, of the
Moorpark Municipal Code, and Determining that this Action is
Exempt from the California Environmental Quality Act
SUMMARY
The City Council is being asked to consider amending the Moorpark Municipal Code
(MMC) to update the duties and responsibilities of the Arts Commission to include
advising the City Council on the development, modification and implementation of
ordinances, policies and procedures related to arts and culture in the city.
BACKGROUND
In 2005, the City acquired and assumed operation of the High Street Arts Center
(HSAC), a 260-seat performing arts venue located at 45 High Street, in order to
preserve an active venue for live performances in the downtown area. The following
year, the Moorpark Arts Commission (Commission) was established, consisting of five
members of the community appointed by City Council. The duties of the Commission
included not only making recommendations regarding proposed Art In Public Places
(AIPP) projects, but also acting in an advisory capacity regarding all HSAC operational
and programming matters. In 2012, the Moorpark Foundation for the Arts (Foundation)
assumed full responsibility for operating the facility and the role of the Commission was
relegated to reviewing and making recommendations to City Council regarding AIPP
projects. This remains the role of the Commission today, which meets quarterly to
review and recommend both city-sponsored art projects, and private art installations
required under the AIPP program.
Item: 9.C.
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Honorable City Council
11/17/2021 Regular Meeting
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DISCUSSION
On October 6, 2021, the City Council adopted the Moorpark Arts Master Plan (Master
Plan), which includes recommendations for updating existing ordinances and policies
related to the AIPP program and developing new policies to bring the City’s public art
activities in line with best practices in the public art field. MMC Section 2.38.080 limits
the regular duties and responsibilities of the Commission to reviewing the design and
placement of AIPP projects but does not provide authority for the Commission to review
and provide recommendations to the City Council on other matters pertaining to the arts
and culture in the community. The proposed modification would expand the purview of
the Commission to include advising the City Council on the development, modification
and implementation of ordinances, policies and procedures related to arts and culture.
The modification would also remove outdated language dating back to the
Commission’s prior role as an advisory body for HSAC operational and programming
matters. The proposed language is shown in legislative format below:
2.38.080: The duties and responsibilities of the arts commission are as follows:
A. When requested from time to time by the city council, aAct in
an advisory capacity to the city council in any matters pertaining to High
Street Arts Center’s programming activities, administration and
development of the annual theatrical season, promotion of the arts
center’s programs and services to stimulate interest therein, and review of
a long-range capital improvement plan on the development, modification
and implementation of ordinances, policies and procedures pertaining to
arts and culture in the city.
B. In accordance with Chapter 17.50 of this code, act in an
advisory capacity and review the conceptual design and placement of
artwork, solicit public comment, and provide a recommendation to the city
council on the design and location.
C. Perform such other duties as may be requested from time to
time by the city council.
The Master Plan recommends a variety of updates to AIPP ordinances and policies to
bring the program in line with current best practices. Some of these recommendations
serve to refine the program, such as adding a formal definition of an “Artist” to the
applicable code, while others serve to broaden the scope of the program, such as
expanding the allowable uses of AIPP funds. The Master Plan also provides guidelines
for the development of new public art programs, like a mural program, and new policies
like an art donation policy. The proposed change to MMC Section 2.38.080 would
expand the Commission’s advisory duties to include reviewing, providing input, and
making recommendations on such policy updates and program development to help
inform the Council’s decisions on these matters.
Staff feels that the proposed expansion of the Commission’s advisory scope is
appropriate, given its current role as an advisory body to the City Council on AIPP
projects. The change is also consistent with Objective 2.2 of the Master Plan which
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Honorable City Council
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recommends updating relevant ordinances to strengthen the Commission’s role in the
implementation of the Master Plan.
ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed the contents of this Ordinance and
determined that adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) by the general rule that CEQA only applies
to projects that may have a significant effect on the environment.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of the proposed ordinance.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 4, Objective 4.2: “Complete Arts Master
Plan, prepare policy recommendations, and seek community partner(s) to develop arts
and cultural events.”
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Introduce Ordinance No. ___ for first reading, waive full reading, and place this
ordinance on the agenda for the December 1, 2021, meeting for purposes of providing
second reading and adoption of the ordinance.
Attachment: Draft Ordinance
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ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 2.38.080 OF CHAPTER
2.38 (ARTS COMMISSION) OF TITLE 2 (ADMINISTRATION
AND PERSONNEL) OF THE MOORPARK MUNICIPAL CODE
TO MODIFY THE DUTIES AND RESPONSIBILITIES OF THE
ARTS COMMISSION
WHEREAS, the City Council has determined that Section 2.38.080 (Duties and
Responsibilities) of Chapter 2.38 (Arts Commission) of Title 2 (Administration and
Personnel) of the Moorpark Municipal Code should be revised to modify the duties and
responsibilities of the Arts Commission; and
WHEREAS, the Community Development Director has reviewed the contents of
this Ordinance and determined that adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) by the general rule that
CEQA only applies to projects that may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed the Community Development
Director’s determination that this Ordinance is exempt from CEQA and concurs that the
Ordinance does not have the possibility of having a significant effect on the environment
and is therefore exempt from CEQA.
SECTION 2. Section 2.38.080 of Chapter 2.38 of Title 2 of the Moorpark
Municipal Code is hereby amended and replaced in its entirety as follows:
“2.38.080 Duties and responsibilities.
The duties and responsibilities of the arts commission are as follows:
A.Act in an advisory capacity to the city council on the development,
modification and implementation of ordinances, policies and procedures
pertaining to arts and culture in the city.
B.In accordance with Chapter 17.50 of this code, act in an advisory
capacity and review the conceptual design and placement of artwork,
solicit public comment, and provide a recommendation to the city council
on the design and location.
C.Perform such other duties as may be requested from time to time
by the city council.”
ATTACHMENT
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Ordinance No.____
Page 2
SECTION 3. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
PASSED AND ADOPTED this ___ day of _______, 2021.
______________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
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