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ORDINANCE (ID # 3562) DOC ID: 3562 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Information/Report
From: Georgeann "Gigi" Hanna M/CC Meeting Date: 11/03/2014
Prepared by: Georgeann "Gigi" Hanna,
Dept: City Clerk Ward(s): All
Subject:
Ordinance of the Mayor and Common Council of the City of San Bernardino Amending
Section 2.30.020 of the San Bernardino Municipal Code Regarding the Fine Arts
Commission. (FIRST READING) (#3562)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
Motion: Lay Over Ordinance over for final adoption.
Background:
The Fine Arts Commission was established in 1983 under MC-309, attached.
After an almost-two-year hiatus caused by a lack of staff availability to cover the
commission meetings, the Fine Arts Commission has begun meeting again, with
renewed vigor, focus and plans for how the Arts and entertainment can play a role in the
city's economic development.
Over a series of meetings, it was determined that the Commission should alter its duties
somewhat. The changes proposed in the attached Ordinance effectively:
• Expand the commission's duties from developing and promoting fine arts to
developing and promoting the visual and performing arts;
• Affirms the need to develop a Master Plan for arts objectives and development in
San Bernardino; and
• Charges the Commission to promote other art related activities, as resources are
available
The City Attorney's Office prepared the attached draft Ordinance, which was approved
by the Fine Arts Commission and sent to the Legislative Review Committee on October
7. It was approved by LRC and recommended to be sent to the full Council for a vote.
Updated: 10/29/2014 by Georgeann "Gigi" Hanna B I Packet Pg.270
6.A
3562
City Attorney Review:
Supporting Documents:
2 30 020 Fine Arts Commission Duties (DOC)
MC-309 (PDF)
Updated: 10/29/2014 by Georgeann "Gigi" Hanna B Packet Pg. 271
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1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 2.30.020 OF THE SAN BERNARDINO
2 MUNICIPAL CODE REGARDING THE FINE ARTS COMMISSSION
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4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
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5 BERNARDINO DO ORDAIN AS FOLLOWS: _
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7 Section 1. Section 2.30.020 of the San Bernardino Municipal Code is hereby amended to .°
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read as follows: E
"2.30.020 Duties. E
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The Fine Arts Commission shall:
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A. Make recommendations to the Mayor and Common Council for the development and
11 promotion of the visual and performing arts in San Bernardino. e=
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12 B. Work with public and private cultural organizations to promote the efficient utilization of
community art resources and to enlarge the opportunities for the diverse City Q
13 population to participate in and enjoy culturally rewarding experiences.
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14 C. Develop a master plan for fine arts objectives and development in San Bernardino.
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D. Review the financial needs of fine arts organizations in San Bernardino and .2
16 recommend specific grants within the City budget allocation for approval by the Mayor o
and Common Council to achieve overall cultural objectives. o
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18 E. Promote other art related activities as resources are available." E
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6.A.a
1 ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AMENDING SECTION 2.30.020 OF THE SAN BERNARDINO
2 MUNICIPAL CODE REGARDING THE FINE ARTS COMMISSSION
3
I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
4 Common Council of the City of San Bernardino at a meeting thereof, held
on the day of , 2014,by the following vote, to wit:
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6 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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7 MARQUEZ 0_
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BARRIOS E
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VALDIVIA
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11 SHORETT
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12 NICKEL
13 JOHNSON a
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MULVIHILL M
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17 Georgeann Hanna, City Clerk o
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18 The foregoing Ordinance is hereby approved this day of 52014. E
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R. Carey Davis, Mayor _
21 City of San Bernardino 0
22 Approved as to form: o
Gary D. Saenz, City Attorney
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Packet Pg.' 2 73;;
t ORDINANCE NO. MC--309
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.30
TO THE SAN BERNARDINO MUNICIPAL CODE TO ESTABLISH A FINE ARTS
3 COMMISSION AND PROVIDING FOR APPOINTMENT OF MEMBERS AND DUTIES OF
;THE COMMISSION.
4 {i
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
5 IEORDAIN AS FOLLOWS:
6 f SECTION 1. Chapter 2. 30 is added to the San Bernardino
7 Municipal Code to read:
8 "Chapter 2.30
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9 FINE ARTS COMMISSION
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10 2. 30.010 Members - Appointment. O
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11 The Fine Arts Commission of the City shall consist of eleven N
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12 voting members and one non-voting ex-officio member, all of whom o
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13 shall serve at the pleasure of the Mayor and Common Council .
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14 Members of the Commission shall be appointed by the Mayor, subject c
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15 to the approval of the Common Council . Each Commission member 0
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16 shall serve until a successor is appointed . Nomination and c
17 appointment of a successor member at any time shall terminate the
18 appointment of any member without need for formal removal action.
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19 Members shall be appointed on the basis of demonstrated knowledge T
20 and experience in the arts and recognized dedication to cultural c
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21 affairs. All voting members shall be residents of the City of San
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22 Bernardino. The ex-officio member shall be the president, or the a
23 approved designee of the president, of the Inland Empire Cultural
24 Foundation ( "CLASS" ) .
25 2.30.020 Duties .
26 The Fine Arts Commission shall:
27 A. Make recommendations to the Mayor and Common Council for
28 the development and promotion of fine arts in San Bernardino.
Packet Pg.274
MC409 i
1 B. Work with public and private cultural organizations to
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2 promote the efficient utilization of community art resources and
3 to enlarge the opportunities for the diverse City population to
4 participate in and enjoy culturally rewarding experiences .
5 C. Develop a master plan for fine arts objectives and
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6 development in San Bernardino.
7 D. Review the financial needs of fine arts organizations in
8 San Bernardino and recommend specific grants within the City
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9 budget allocation for approval by the Mayor and Common Council to
10 achieve overall cultural objectives . 0
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11 E. Accomplish specific projects related to fine arts as y
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12 determined by the Mayor and Common Council . o
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13 2.30.030 Chairman - Meetings - Absences.
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�- 14 The Fine Arts Commission shall be organized and shall c
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15 function pursuant to the provisions of Section 2.17.060 and 0
16 Section 2.17.070 of the San Bernardino Municipal Code , a
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17 2.30. 040 Conflict of interest. N
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18 The Mayor and Common Council declare that the individuals
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19 appointed to the Fine Arts Commission are intended to represent
20 and further the interests of all organizations and professions in
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21 the fine arts and that such representation and furtherance serves
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22 the public interest. Accordingly, the Mayor and Common Council Q
23 find that for the purposes of members of the Fine Arts Commission,
24 the organizations and professions in the fields of fine arts are
25 tantamount to and constitute the public generally within the
25 meaning of Section 87103 of the Government Code."
27 I HEREBY CERTIFY that the foregoing ordinance was duly
28 adopted by the Mayor and Common Council of the City of San
-2- Packet Pg.275
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14C-309
1 IBernardino at a n adjourned regular meeting thereof, held on
2 the 10th day of October 1983, by the following vote,
3 to wit:
4 AYES: Council Members Castaneda, Reilly, Hernandez,
5 II Marks, Strickler
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6 NAYS: None
7 ! ABSENT: Council Members Quiel, Frazier
9 City Clerk =
10 The foregoing ordinance is hereby approved t i/ '�" day 0
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Approved as to form: Q
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3- Packet Pg.276
Chapter 2.30
FINE ARTS COMMISSIONS
Sections:
2.30.010 Members -Appointment.
2.30.020 Duties.
2.30.030 Chairman - Meetings -Absences.
2.30.040 Conflict of interest.
2.30.010 Members -Appointment.
The Fine Arts Commission of the City shall consist of nine (9) members who
shall serve at the pleasure of the Mayor and Common Council and one non-voting
Ex-Officio Member who shall be a member of the Mayor's staff. Members of the
Commission shall be appointed and serve pursuant to the provisions of Chapter
2.17. Members shall be appointed on the basis of demonstrated knowledge and
experience in the arts, recognized dedication to cultural affairs, or a deep interest
in the arts and culture of the City.
Each Council member shall nominate one (1) member who shall serve
during and for the term of the nominating Council member. The Mayor shall
nominate two (2) members who shall serve during and for the term of the Mayor.
The Mayor shall also appoint two (2) alternate members. The terms shall
commence and terminate at the same time as, and shall coincide with, the term of
the nominating Council member or Mayor,provided that when a vacancy shall occur
in the office of a Council member or the Mayor, the applicable term of the member
of the Commission shall continue until a successor has been nominated by the
Council member or Mayor elected or appointed to fill such a vacancy and appointed
by the Mayor.
Each member of the Commission, after having been nominated, shall be
appointed by the Mayor, subject to the approval of the Common Council. Each
member shall be and remain a local elector and each member nominated by a
Council member shall be and remain a resident of the ward of such Council member
during the period of his or her appointment. Subsequent vacancies shall be filled
and appointments shall be made in the manner hereinbefore set forth. Each
member shall serve without compensation.
The alternate members may attend each meeting of the Commission and
may participate in all discussion,but may only vote in the absence of one of the nine
regular Commission members.
Nomination and appointment of a successor member at any time shall
terminate the appointment of any member without need for a formal removal action.
Members shall be appointed on the basis of demonstrated knowledge and
experience in the arts, recognized dedication to cultural affairs, or a deep interest
in the arts and culture of the City. (Ord. MC-1014, 1-12-98; Ord. MC-801. 7-15-91.)
[Rev.May 7,2008] 2-35
AV, tw
2.30.020 Duties.
The Fine Arts Commission shall:
A. Make recommendations to the Mayor and Common Council for the
development and promotion of fine arts in San Bernardino.
B. Work with public and private cultural organizations to promote the efficient
utilization of community art resources and to enlarge the opportunities for
the diverse City population to participate in and enjoy culturally rewarding
experiences.
C. Develop a master plan for fine arts objectives and development in San
Bernardino.
D. Review the financial needs of fine arts organizations in San Bernardino and
recommend specific grants within the City budget allocation for approval by
I
the Mayor and Common Council to achieve overall cultural objectives.
E. Accomplish specific projects related to fine arts as determined by the Mayor
and Common Council.
(Ord. MC-309, 10-10-83.) (City Attorney Opinion No. 93-8)
2.30.030 Chairman - Meetings -Absences.
The Fine Arts Commission shall be organized and shall function pursuant
to the provisions of Section 2.17.060 and Section 2.17.070 of the San Bernardino
Municipal Code. (Ord. MC-309, 10-10-83.)
2.30.040 Conflict of interest.
The Mayor and Common Council declare that the individuals appointed to
the Fine Arts Commission are intended to represent and further the interests of all
organizations and professions in the fine arts and that such representation and
furtherance serves the public interest. Accordingly, the Mayor and Common
Council find that for the purposes of members of the Fine Arts Commission, the
organizations and professions in the fields of fine arts are tantamount to and
constitute the public generally within the meaning of Section 87103 of the
Government Code. (Ord. MC-309, 10-10-83.)
[Rev.May 7,20081 2-36