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5892ORDINANCE NO. 5892 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM REPEALING EXISTING SECTION 1.04.450 (ANAHEIM ARTS COUNCIL) AND ADDING NEW SECTION 1.04.450 TO CHAPTER 1.04 OF TITLE 1 OF THE ANAHEIM MUNICIPAL CODE ESTABLISHING A CULTURAL AND HERITAGE COMMISSION THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. Repeal of establishment of Anaheim Arts Council That Sections 1.04.450 through 1.04.490 of the Anaheim Municipal Code establishing the Anaheim Arts Council is hereby repealed. SECTION 2. That Section 1.04.450 be, and the same is hereby, added to Chapter 1.04 of Title 1 of the Anaheim Municipal Code establishing a Cultural and Heritage Commission to read as follows: "1.04.450 Cultural and Heritage Commission. The Cultural and Heritage Commission is hereby established pursuant to Section 900 of the Charter of the City of Anaheim. .010 Duties. The Cultural and Heritage Commission shall (a). Advise the City Council on matters concerning the arts, culture and historic preservation and heritage. (b) Develop prioritized strategies providing recommendations to City Council related to the implementation of the Cultural Arts Plan. (c) Oversee the City's cultural and historical assets (including, but not limited to, the Anaheim Museum and the Mother Colony House). (d) Facilitate cooperative efforts of private individuals, community organizations, and businesses that promote and enhance the cultural and historic environment of the city through events and programs. (e) Develop recommendations concerning the allocation of City resources, as available, for the support of cultural and historic works of art, events, and programs within the city. (f) Explore the need for cultural facilities in the City of Anaheim. (g) Advise and make recommendations with respect to the temporary and/or permanent placement and maintenance of works of art at city -owned facilities. (h) Advise and make recommendations related to the acceptance of gifts of art to the city. (i) Develop a mechanism for soliciting and including public input in the process of selection of works of art and their placement, when appropriate. 0) Recommend for City Council a set of policies and procedures pertaining to visual art in public places. (k) Recommend for City Council a set of goals and annual objectives that will serve the visual, performing, literary, and multi -media arts. (1) Encourage support by private individuals and organizations of the arts and of cultural and historic facilities and programs, (m) Advocate and enlist community interest and participation in the arts and in cultural and historic programs, and (n) Perform such additional functions as may be delegated or required by the City Council from time to time. .020 Advisory Committees. The Commission may appoint advisory committees to oversee the historical and cultural assets of the community. Separate advisory committees may be appointed to address the needs of the Mother Colony House, the Anaheim Museum, Art in Public Places, and other cultural, historical or city heritage purposes as needed. .030 Composition. The Cultural and Heritage Commission shall consist of seven (7) members appointed by the City Council. .040 Appointment of Members. Each member of the Cultural and Heritage Commission shall be a resident of the City of Anaheim at the time of the appointment, and during the entire tenure of service on the Commission, and shall be nominated for such position by one (1) or more members of the City Council. Appointed members shall not hold any paid office or employment in the City government and shall not be a current officer or board member of any Anaheim - based arts or cultural organization at the time of the appointment and during the entire tenure of service on the Cultural and Heritage Commission. The City Council shall appoint the members of the Cultural and Heritage Commission by at least three (3) affirmative votes. 2 (a) The Director of the Department of Community Services or his/her designee shall serve as the liaison to the Commission. (b) The City Manager, the Superintendent of the Anaheim Union High School District and a representative of the Parks and Recreation Commission and the Library Board shall be ex -officio members of the Cultural and Heritage Commission. Such ex officio members shall have no voting rights at meetings of the Cultural and Heritage Commission and shall not be counted for purposes of determining a quorum for purposes of such meeting. .050 Term of Office. The members shall serve terms of four years, or until their respective successors are appointed and qualified, provided, however, that the initial Commission appointees shall be appointed by the City Council for terms specifically expiring as follows: One on the thirtieth day of June of the first year following the year of appointment. Two on the thirtieth day of June of the second year following the year of appointment. Two on the thirtieth day of June of the third year following the year of appointment. Two on the thirtieth day of June of the Fourth year following the year of appointment. A vacancy occurring before the expiration of a term shall be filled by appointment for the remainder of the term. .060 Removal. If a member of the Cultural and Heritage Commission shall be absent from three (3) consecutive meetings of the Commission without cause or excuse, the office of such member shall be deemed vacant and the term of such member shall be terminated. The City Clerk shall immediately inform the City Council of such termination. An absence due to illness or unavoidable absence from the City and written notice with explanation thereof to the liaison to the Commission on or before the day of the regular meeting of the Commission shall be considered absence for cause. The Commission members shall be subject to removal from the Commission by motion of the City Council adopted by the affirmative votes of a majority of the total membership thereof. 3 .070 Meetings. The Cultural and Heritage Commission shall meet regularly at least once a month in the City of Anaheim or in a location authorized by the City Council or as otherwise provided by law. Regular meeting dates and times shall be established by the Commission. A majority of the total number of members of the Commission then in office shall constitute a quorum. The Commission shall comply with the provisions of the Ralph M. Brown Act (commencing with Government Code Section 54950, et seq.). .080 Procedures. The meetings and procedures of the Commission shall be subject to and governed by the resolutions and ordinances of the City Council establishing rules and regulations for City boards and commissions. .090 Organization. The Cultural and Heritage Commission shall elect one (1) of its members as chairperson and one (1) ofits members as vice -chairperson, who shall serve in this capacity for one (1) year, or until his or her successor is selected. .100 No Compensation. Members of the Cultural and Heritage Commission shall serve without compensation." SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and a ted by the City cil of the City of Anaheim this 14 day of October , 2003. r MAYOR OF THE CITY OF ANAHEIM ATT eITY CLE K OF YHE CITY OF ANAHEIM 41134.4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5892 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 30th day of September, 2003, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 14th day of October, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, McCracken, Hernandez NOES: MAYOR/COUNCIL MEMBERS: None TEMP ABSENT: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ITY CI -Ek OF THE CITY OF ANAHEIM (SEAL) AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident 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 the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 23, 2003 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: October 23, 2003 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-7000 ext. 3002 PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp Proof of Publication of nH° MON OROINANCE NO. SM AHQEo @tt 14G�N RN45 NART ��® OF THNE1EUTANJOHM AND HERITAGE COMMISSION This ordrwuca r and decownis "the Arts Council and crestas. Ct rei and Heritage Commission whFdt will act as an advisory b n Issues to the related m the arts cul- ture and history d Ans Council and proQs In- put fw Comrnaa+lty Services Department Melt in the M pla- mentefion of tts Ctdlwsl plan. The compoMnon of he Cultural and Commission win be sewn membra appointed by Cainc f to serve tow year terns. 1, Sheryll Schroeder, CityClerkof the City of Anaheim, do Wo 5�2w ch�ord�Fnaiee.watTnhoduc9d all summary �larmest- ing of the city Council of the City d Anaheim on the 3otn day of September, 2006 and was duly passed and at a re�a maaprq d said Council on 141h day d bar, 2b09 by t e AIbwing roll call vote of the members thereof: AYES: Mayor Pringle, Courncn Members: McCracken, Tait, Chavez, Hrnend� NOES:None ABSENT: None The above summary is a bnsf desufptorn d the ecK mat- ter contained in the ted d Ondinenoe No. 5882, hes been prepared pursuant to Section 612 of the Charter of the not inckide or de - City of Ansheim. This � nod should not to scrnbe every prwleion d the or railed on as a autetitute for to fi41 text of to ordinance. To obtain a copy d the full tad of the ordnance, pesse con- 8:�00 ASM and S D PPM, Moons y trty Clerk ough Fr 66 charge for the copy.