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HomeMy Public PortalAbout17) 9D Public Art OrdCity Council August 7, 2012 Page2 5 . In May 2012, staff presented the ad hoc committee and advisory group with two draft ordinances-one that creates a public arts program, the other which establishes a funding mechanism for the acquisition and maintenance of public art. The consensus was to move forward with the public arts ordinance. Policy direction required of the funding ordinance was to be considered at a later date by the proposed Public Arts Commission. 6. On June 19, 2012 as part of the adopted FY 2012-13 City Budget, the City Council approved a $15,000 carryover for public art advisory services. These services will support development of a required and annual Arts in Public Places Program Plan, as well as assist the Public Arts Commiss ion in recommending (to the City Council) a funding mechanism that provides long-term solvency for public art acquisition and maintenance. ANALYSIS: Over the years, communities across the country-as well as throughout California- have determined that public art is a critical element of providing a diverse and culturally rich environment to residents and visitors alike. More importantly, in communities with formalized public arts programs, there have been marked improvements in economic development through the revitalization of their urban centers and overall improvement in business climate. Well-conceived public art can increase property values, help lease space more quickly, enhance a city's corporate image, promote cultural tourism, and provide a visible and lasting contribution to the community. Based on research from communities with public arts programs, public art expresses the confidence, vitality and optimism of a community and reflects the highest ideals of its citizens, thereby resulting in a more beautiful and livable city. Public art enriches and defines a community's identity by developing a collection of artworks which have a strong and inherent aesthetic quality. These works have the ability to represent diverse community values, and a wide range of artistic styles and disciplines . Proposed Ordinance The Ordinance sets a legal framework for establishing a public arts program in Temple City. By no means inclusive, it is meant to be broad and amended over time to incorporate detailed administrative provisions defined by either the City Council or Public Arts Commission . Major components of the ordinance include establishment of: • An Arts in Public Places Program that allows for the procurement, commission and installation of public art in public places. City Council August 7, 2012 Page 3 • A Public Arts Fund for the deposit of all funds received by the City (from whatever source) for the purpose of procuring, commissioning, installing and maintaining public art; • An annual Arts in Public Places Program Plan which identifies specific program goals for the coming year, means of achievement, a schedule of execution and the identification of necessary resources; • A Public Arts Commission to implement the Arts in Public Places Program and act in an advisory capacity to the City Council on matters pertaining to public art. The Commission will comprise of five appointed commissioners -all with a professional background or interest in visual art -and serve without compensation for two-year terms; • Protocol for recommending public art projects specifically in selecting artists, and recommending public art installations and locations for City Council consideration; and • Staff support to administer the public arts program with assignment by the City Manager. The staff member will be tasked to serve in capacity as the Arts Administrator. In the future, the City Council may determine that the hiring of a full-time Arts Administrator is necessary and funding for this position could be paid from the Public Arts Fund once a funding mechanism is established (and if adequate resources are available). Next Steps Adoption of the Ordinance is essentially a formality, setting in motion subsequent action by the City Council and Public Arts Commission to further define parameters for the Arts in Public Places Program. Based on staff's professional experience and research of other public arts models, the following is a preliminary schedule of milestones that would need to be accomplished over the next year to "jump-start" an active public arts program by July 1, 2013. Aug.21,2012 Oct. 16, 2012 Nov. 19,2012 Feb. 1,2013 Feb.4,2013 Second reading and adoption of the Ordinance. Selection and seating of commissioners. Execution of contract for public art advisory services. (Staff has already compiled a "shottlist" of qualified consultants) Completion of the Arts in Public Places Program Plan. Implementation of Arts in Public Places Program. City Council August 7, 2012 Page4 Apr. 2, 2013 First reading of an ordinance establishing funding mechanism(s) to realize public art; and any additional amendments to the Arts in Public Places Program. The Arts in Public Places Plan will require public art advisory services and community input to detail program guidelines (e.g., types of acceptable art and detailed locations), administrative policies (e.g., artist selection, accessioning, and maintenance schedules) and sample contracts (e.g., artwork loan agreements and transfer of titles). Of particular importance, the Plan (for year one) will recommend that the City Council and Public Arts Commission pursue a "percent for art'' ordinance that requires a portion of eligible public and private project costs to fund the future acquisition and maintenance of public art. Should the City enact such an ordinance, it will follow in the footsteps of over 300 U.S. municipalities that have adopted similar funding models, and which is necessary to fund and realize the City's proposed Arts in Public Places Program. CONCLUSION: Adoption of the Ordinance would set forth a framework to establish a public arts program that serves as an economic development tool, and represents Temple City's diverse community values and wide range of artistic styles. FISCAL IMPACT: None. ATTACHMENT: A. Ordinance No. 12-960 ORDINANCE NO. 12-960 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, ADDING ARTICLE G TO CHAPTER 6 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE, ESTABLISHING AN ART IN PUBLIC PLACES PROGRAM AND A PUBLIC ARTS COMMISSION Attachment A WHEREAS, on June 7, 2011, the City Council Public Arts Ad-Hoc Committee and the Public Arts Advisory Group presented an official report of recommendations to the City Council of the City of Temple City. This report recommended the establishment of an Art in Public Places Program and a Public Arts Commission; and, WHEREAS, the City Council has considered all information related to this matter, including the City Council Public Arts Ad-Hoc Committee and Public Arts Advisory Group's official report of recommendations, City staff reports, and any information provided during public meetings; and, WHEREAS, the City Council desires to create a Public Arts Commission and establish an Art in Public Places Program that the Commission will assist with implementing, as art in public places promotes the public welfare by creating a diverse and culturally rich environment for the City's residents and visitors. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS: SECTION 1: Addition of Article G to Title 2, Chapter 6 of the Temple City Municipal Code. A new Article G, "Art in Public Places Program and Public Arts Commission" is hereby added to Title 2, Chapter 6 of the Temple City Municipal Code to read as follows: 2691: PURPOSE "ARTICLE G. ART IN PUBLIC PLACES PROGRAM AND PUBLIC ARTS COMMISSION The purpose of this Article is to establish an Art in Public Places Program and a Public Arts Commission that will review and advise the City Council on matters within the scope of the Art in Public Places Program. 2692: DEFINITIONS "Art in Public Places Program" or "Program" means the program established by Section 2693 of this article. "Art in Public Places Program Plan" or "Program Plan" means the annual report approved by City Council pertaining to how the Art in Public Places Program is to be implemented. "City Appropriation" means the appropriation of funds by the City to the Public Art Fund for City Projects per Section 2695 of this article. "Commission" means the Public Arts Commission. "Public Art" means art of a permanent nature procured or commissioned by the City for installation in a Public Space. "Public Art Fund" means those funds maintained by the City administrative services director to support the Art in Public Places Program and the Commission's operating expenses. "Public Art Project" means the procurement or commissioning, site selection and installation of Public Art by the City. "Public Space" means any property that is owned, controlled, or dedicated to the City that is generally accessible to the public. 2693: ART IN PUBLIC PLACES PROGRAM AND PUBLIC ART FUND ESTABLISHED A. Program Established. The City Council hereby establishes an Art in Public Places Program for the procurement, commissioning and installation of Public Art in Public Spaces. The City Council shall approve all Public Art Projects after receiving and considering recommendations from the Commission. B. Public Art Fund Established. The City Council hereby establishes a Public Art Fund. The Public Art Fund shall be maintained by the City administrative services director and will support (i) Public Art Projects and (ii) the Commission's operating expenses, to the extent there are funds available. Funds received by the City from whatever source, including City Appropriations, that have been restricted or otherwise identified for expenditure for the purpose of procuring, commissioning, installing and maintaining Public Art shall be deposited by the City in the Public Art Fund. 2694: ANNUAL ART IN PUBLIC PLACES PROGRAM PLAN It is the intent of the City Council to develop and adopt an annual Art in Public Places Program Plan that identifies specific program goals for the year, means of achievement, proposed expenditures, sources of supplemental revenue, schedule of execution, necessary resources and responsibilities, and an implementation plan. At the request of the City Council, the Commission may assist the City Council with the drafting of the Program Plan by recommending items for inclusion within the Program Plan. 2695: CITY APPROPRIATIONS The City Council may appropriate City funds to the Public Art Fund from time to time as the Council determines is in the public interest. 2696: PUBLIC ARTS COMMISSION ESTABLISHED The City Council hereby establishes a Public Arts Commission which will review and advise the City Council on Public Art Projects and the Art in Public Places Program Plan. The City Council shall appoint five members to the Commission in accordance with Section 11 03 of the City Charter. Commission members shall be appointed to terms of office in accordance with Section 2690 of this Code. 2697: COMMISSION RESPONSIBILITIES The Commission's duties and responsibilities shall include: (i) Reviewing and advising the City Council on proposals for Public Art Projects, including recommending artists, art pieces, and site selection; (ii) Reviewing and advising the City Council on criteria or guidelines for the selection of Public Art and Public Spaces where Public Art should be installed; (iii) Reviewing donations and developer contributions; (iv) Advising the City Council on matters pertaining to the development of, and interest in, the arts and local cultural heritage, at the request of the City Council; and, (v) Assisting the City Council with the preparation of the annual Art in Public Places Program Plan. At the request of the City Council, the Commission may also cooperate with other art commissions or organizations. However, in no event shall any appropriation or work effort be made by the Commission towards public art which does not directly concern or affect the placement of public art within the City. 2698: RECOMMENDING PUBLIC ART PROJECTS A. Recommending Artists. The Commission may recommend to the City Council artists from whom the City should procure or commission Public Art through open competition whereby the Commission or a designated art selection panel solicit through public advertisement requests for artists' slides, resumes, and letters of interest; or, invitation/limited competition whereby the Commission or designated art selection panel may invite a limited number of artists to submit applications or prepare proposals. B. Recommending Public Art. The Commission may recommend Public Art to the City Council. The Commission shall consider the following factors in recommending Public Art to the City Council. 1. the compatibility of the design with the immediate environment of the site; 2. the appropriateness of the design to the function of the site; 3. the preservation and integration of natural features for the project; 4. the appropriateness of the materials and design to the expression of the artist's concept; 5. the permanence of structural and surface components; and, 6. the extent to which the piece represents the diverse influences, culture, heritage, and traditions that reflect the unique qualities of the City. C. Recommending Public Spaces. The Commission may recommend Public Spaces where Public Art should be installed to the City Council. The Commission shall consider the following factors in recommending Public Spaces where Public Art should be installed to the City Council. 1. the relationship of the site to the art in terms of the physical dimensions, social dynamic, local, historical and cultural character, and surrounding context of the site, existing or planned; 2. public safety; 3. the extent to which the site helps to improve the design of an area by emphasizing a particular location through landmarks, gateways and/or linkages to other parts of the community; 4. vehicular and pedestrian traffic patterns; 5. site design, including landscaping, drainage, grading, lighting, and seating considerations; 6. the relationship of the proposed art to existing art within the vicinity of the site; 7. any environmental impact such as noise, sound, light, and odor; 8. public accessibility to art; 9. the impact on adjacent property owners' view; 10. the impact on operational functions of the City; 11. the potential to minimize vandalism; and, 12. the cost of installing and maintaining the Public Art. 2699: DONATIONS AND OTHER CHARITABLE GIFTS The City may receive offers of donations, gifts, bequests, grants, and art from any government agencies or private donors. Potential donors will be referred to the Commission to discuss the nature of the gift and the review process. After a review is conducted, the Commission will recommend consideration or rejection of the offer and make a site recommendation if applicable. All donations, gifts, and bequests accepted by the Commission are subject to approval by the City Council. Such funds will be accounted for individually and may be administered by the City administrative services director or designee, consistent with the donor's restrictions and direction from the Commission. Donations and other charitable monies will be transferred to the Public Art Fund. 2670: MEMBER ELIGIBLITY It is the desire of the City Council that Commission members have a demonstrated interest in the arts or be visual art professionals, such as a curator, art critic, art historian, art educator, or other design professional with a visual art background. To allow for a larger pool of eligible Commission members, persons who are residents of, or owners of businesses located within, the City ofT emple City are eligible for appointment. 2701: MEMBER OFFICES Commission members shall elect Commission officers, which shall include a chairperson and vice chairperson. The chairperson and vice chairperson will serve one year terms. Each year thereafter, commencing on July 1st, new appointments or renewals of appointments shall be made. Meetings shall be led by the chairperson or vice chairperson if the chairperson is not present. 2702: COMMISSION PROCEDURES The Commission will follow rules and procedures adopted by the City Council as they may be amended from time to time. The City Manager or his/her designee shall be responsible for providing administrative and staff services for the Commission. The Commission shall hold regular meetings at least monthly. A majority of all the Commission's members shall constitute a quorum at a regular or special meeting of the Commission. All Commission meetings shall be open to the public and notice of the meetings shall comply with the Ralph M. Brown Act. 2703: MEMBER REMOVAL Commission members serve at the pleasure of the City Council. Per City Charter Section 1103, any member of the Commission may be removed, with or without cause, at any time by the affirmative vote of three (3) members of the City Council." SECTION 2: Severability. The City Council hereby declares that, should any provision, section, subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, such decision or action shall not affect the validity of the remaining section or portions of the Ordinance or part thereof. The City Council hereby declares that it would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words of this Ordinance irrespective of the fact that any one or more provisions, sections, subsections, paragraphs, sentences, clauses, phrases, or words may be declared invalid or unconstitutional. SECTION 3: Effective Date. The City Clerk shall certify to the passage and adoption of this Ordinance and to its approval by the Mayor and shall cause the same to be published according to law. PASSED, APPROVED, AND ADOPTED this __ day of 2012. MAYOR ATTEST: APPROVED AS TO FORM: City Clerk City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 1 0-_ was introduced at the regular meeting of the City Council of the City of Temple City held on the_ day of __ 2012, and was duly passed, approved and adopted by said Council at the regular meeting held on , 2012 by the following vote: AYES: NOES: ABSENT: City Clerk