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HomeMy WebLinkAboutOrd 832 ORDINANCE NO. 832 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY CALIFORNIA AMENDING SECTION 11.45.020 [DEFINITIONS] OF CHAPTER 11.45 [ART IN PUBLIC PLACES PROGRAM] OF TITLE 11 OF THE CATHEDRAL CITY MUNICIPAL CODE. WHEREAS, The City Council establishes the creation of the "Art in Public Places Program" within Chapter 11.45 of Title 11 of the Cathedral City Municipal Code; and WHEREAS, Section 11.45.020 currently defines "Art Education" as "...any publically-available class, lecture, program or similar event related in some manner to the arts, including, but not limited to, lectures, classes, concerts, forums, teaching presentations or speaking engagements pertaining to the visual, auditory and/or cultural arts." WHEREAS, the City Council desires to modify the definition of "Art Education" to encompass the breadth of potential uses and provide more specific guidance as to what are permissible expenditures under the Art in Public Places Program. THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENT OF THE DEFINITION OF "ART EDUCATION" IN SECTION 11.45.020 OF THE CITY OF CATHEDRAL CITY MUNICIPAL CODE The definition of "Art Education" in Section 11.45.020 of Chapter 11.45 of Title 11 of the Cathedral City Municipal Code is hereby amended to read as follows: "`Art Education' means the public service of providing activities or experiences ("activities") for the purpose of expanding the awareness, knowledge, understanding, appreciation, or familiarity of members of the public with Art in all of its forms. For the purposes of utilizing funding for Art Education, the term "Art" is to be construed more broadly than "Art" as defined above and includes art expressed in any medium, including, without limitation, painting, sculpture, photography, lithography and other physical mediums, music, singing, spoken word, and other auditory mediums, plays, films, dance, and other performance mediums, literature and poetry, art history and interpretation, clothing and fashions, and cultural expressions. Art Education may be provided by any reasonable means that best achieves the purpose set forth above including, without limitation, classes, lectures, tours, programs, events, festivals, exhibits, tours, performances, writings, films, audio recordings, and similar means. Art Education funds may also be expended to provide material related to such activities. An activity qualifying for expenditure for Art Education funds must be reasonably available to members of the general public. An activity will be considered reasonably available to members of the general public where the time, date, and description of the activity has been advertised via the city's website and social media for at least one week prior to the activity, and either the activity is open to the general public or is open to members of the public who timely reserve participation in the activity. Space for participants may be limited, the activity may be provided for only a limited time, and a charge may be imposed for participation in the activity. Activities may be held in the facilities of public entities, non- profit or charitable organizations, and private facilities, provided that attendance of activities must not be limited to members, owners, subscribers or other interest holders in the private facility. Participation in certain activities may be limited to certain members of the general public, such as youths, students, seniors, or other reasonable grouping that does not constitute unlawful discrimination of a protected class. Art Education funds must not be expended for prizes, gifts, or similar items." SECTION 2. EFFECTIVE DATE. This Ordinance shall be effective 30 days from and after its final passage. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Cathedral City hereby declare they would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 4. PUBLICATION. The City clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Section 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and posting procedure authorized under Government Code Section 39633(c). INTRODUCED at the regular meeting of Cathedral City City Council on the 22nd day of January, 2020. APPROVED AND ADOPTED this 12Th day of February, 2020, by the following vote: Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tern Gregory and Mayor Aguilar Noes: None Abstain: None Absent: None J n Aguilar, ':yor ATTEST: Trace R. Martinez. City CI rk APPROVED S OFA ' Eric S. Vail, ity Attorney