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HomeMy Public PortalAbout09) 7E_Art in Public Places Program - Staff Report_w attachmentsPARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: October 19, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Adam Matsumoto, Parks and Recreation Director SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 21-1057, AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 6 (CITY COMMISSIONS), ARTICLE C (ART IN PUBLIC PLACES PROGRAM), SECTION 5 (DONATIONS AND OTHER CHARITABLE GIFTS) OF THE TEMPLE CITY MUNICIPAL CODE FOR THE ART IN PUBLIC PLACES PROGRAM RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No. 21-1057 (Attachment “A”), amending Title 2, Chapter 6, Article C, Section 5 of the Temple City Municipal Code regarding the Art in Public Place Program. BACKGROUND: 1.On May 17, 2017 the City Council adopted Ordinance No. 17-1024 amending Title 2, Chapter 6, Article C of the Temple City Municipal Code, Art in Public Places. 2.On September 7, 2021, the City Council discussed amending Ordinance No. 17- 1024 amending Title 2, Chapter 6, Article C, Section 5 of the Temple City Municipal Code, Art in Public Places and provided staff with direction. 3.On October 5, 2021, the City Council held a public hearing and introduced Ordinance No. 21-1057. The City Council set the second reading and adoption for the October 19, 2021 City Council meeting. AGENDA ITEM 7.E. City Council October 19, 2021 Page 2 of 2 ANALYSIS: On May 17, 2017 the City Council adopted Ordinance No. 17-1024 amending the Temple City Municipal Code which dissolved the Public Arts Commission. The Public Arts Commission was dissolved due to a lack of interest for Commission seats, the limited scope of program needs and limited funding sources. On September 7, 2021 the City Council discussed potential changes to the Art in Public Places Program, specific to Section 5 (Donations and Other Charitable Gifts). After discussion the Council provided staff with direction to bring back for introduction and first reading an amendment to Ordinance No. 17-1024. On October 5, 2021 the City Council reviewed this item and introduced the proposed ordinance. There were no comments by the public and no requested changes to the ordinance. It is requested the City Council adopt Ordinance No. 21-1057. The staff report from October 5, 2021 (Attachment “B”) is provided as reference. Ordinance No. 21-1057 amends Section 5 (Donations and Other Charitable Gifts) of the Art in Public Places Program Municipal Code. The amendments provide first review to the Parks and Recreation Commission for donations and other charitable gifts to the Art in Public Places Program. After first review by the Parks and Recreation Commission, the Commission will provide a recommendation to the City Council for final review. CITY STRATEGIC GOALS: The proposed amendments to the Art in Public Places Program will further the City’s Strategic Goal of Good Governance. FISCAL IMPACT: There is no fiscal impact with the proposed Ordinance No. 21-1057. ATTACHMENTS: A. Ordinance No. 21-1057 B. October 5, 2021 City Council Meeting Staff Report ORDINANCE NO. 21-1057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 2-6C-5 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO THE REFERENCE TO “ART IN PUBLIC PLACES, DONATIONS AND OTHER CHARITABLE GIFTS” WHEREAS, The Parks and Recreation Commission would have first review of Donations and Other Charitable Gifts within the Arts in Public Places Program; and WHEREAS, the City Council retains final review of Donations and Other Charitable Gifts within the Arts in Public Places Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: 2-6C-5: DONATIONS AND OTHER CHARITABLE GIFTS: Consistent with State law, the City may receive offers of donations, gifts, bequests, grants, and art from any government agencies or private donors directed to the Art in Public Places program. All donations, gifts, and bequests directed to the Program are subject to initial review by the Parks and Recreation Commission and final approval by the City Council. Potential donors will be referred to the City Manager or his or her designee to discuss the nature of the gift and the review process. After a preliminary review is conducted, the City Manager shall refer the matter to the Parks and Recreation Commission. The Parks and Recreation Commission shall analyze the offer and the City's ability to incorporate the offer into the Program, and shall make a recommendation to the City Council regarding acceptance or rejection of the offer and, where the offer is of physical public art, a public space for placement of the donation. The City Council shall review the Parks and Recreation Commission recommendation and may take such further action as it deems appropriate prior to accepting or rejecting the offer. Funds donated to the Art in Public Places Program 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 City Council. Art in Public Places Program donations and other charitable monies will be transferred to the Public Art Fund. ATTACHMENT A Ordinance No. 21-1057 Page 2 of 2 PASSED, APPROVED, AND ADOPTED this 19th day of October, 2021. Vincent Yu, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Gregory Murphy, City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 21-1057 was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th day of October, 2021, and was duly passed, approved, and adopted by said Council at the regular meeting held on the 19th day of October, 2021, by the following vote: AYES: Councilmember - NOES: Councilmember - ABSENT: Councilmember - ABSTAIN: Councilmember - PARKS AND RECREATION DEPARTMENT MEMORANDUM DATE: October 5, 2021 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Adam Matsumoto, Parks and Recreation Director SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 21-1057, AMENDING TITLE 2 (ADMINISTRATION), CHAPTER 6 (CITY COMMISSIONS), ARTICLE C (ART IN PUBLIC PLACES PROGRAM), SECTION 5 (DONATIONS AND OTHER CHARITABLE GIFTS) OF THE TEMPLE CITY MUNICIPAL CODE FOR THE ART IN PUBLIC PLACES PROGRAM RECOMMENDATION: The City Council is requested to: 1.Introduce for first reading by title only and waive further reading of Ordinance No. 21-1057 (Attachment “A”), amending Title 2, Chapter 6, Article C, Section 5 of the Temple City Municipal Code regarding the Art in Public Place Program; and 2.Schedule the second reading of Ordinance No. 21-1057 for October 19, 2021. BACKGROUND: 1.On May 17, 2017 the City Council adopted Ordinance No. 17-1024 amending Title 2, Chapter 6, Article C of the Temple City Municipal Code, Art in Public Places. 2.On September 7, 2021, the City Council discussed amending Ordinance No. 17- 1024 amending Title 2, Chapter 6, Article C, Section 5 of the Temple City Municipal Code, Art in Public Places and provided staff with direction. ATTACHMENT B City Council October 5, 2021 Page 2 of 2 ANALYSIS: On May 17, 2017 the City Council adopted Ordinance No. 17-1024 amending the Temple City Municipal Code which dissolved the Public Arts Commission. The Public Arts Commission was dissolved due to a lack of interest for Commission seats, the limited scope of program needs and limited funding sources. On September 7, 2021 the City Council discussed potential changes to the Art in Public Places Program, specific to Section 5 (Donations and Other Charitable Gifts). After discussion the Council provided staff with direction to bring back for introduction and first reading an amendment to Ordinance No. 17-1024. Ordinance No. 21-1057 (Attachment “A”) amends Section 5 (Donations and Other Charitable Gifts) of the Art in Public Places Program Municipal Code. The amendments provide first review to the Parks and Recreation Commission for donations and other charitable gifts to the Art in Public Places Program. After first review by the Parks and Recreation Commission, the Commission will provide a recommendation to the City Council for final review. Tracked changes to Municipal Code 2-6C-5 (Donations and Other Charitable Gifts) are included in Attachment “B” along with the overall Art in Public Places Program Municipal Code for reference. CITY STRATEGIC GOALS: The proposed amendments to the Art in Public Places Program will further the City’s Strategic Goal of Good Governance. FISCAL IMPACT: There is no fiscal impact with the proposed Ordinance No. 21-1057. ATTACHMENTS: A.Ordinance No. 21-1057 B.Tracked Proposed Changes to Art in Public Places Ordinance ORDINANCE NO. 21-1057 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY AMENDING SECTION 2-6C-5 OF THE TEMPLE CITY MUNICIPAL CODE PERTAINING TO THE REFERENCE TO “ART IN PUBLIC PLACES, DONATIONS AND OTHER CHARITABLE GIFTS” WHEREAS, The Parks and Recreation Commission would have first review of Donations and Other Charitable Gifts within the Arts in Public Places Program; and WHEREAS, the City Council retains final review of Donations and Other Charitable Gifts within the Arts in Public Places Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES ORDAIN AS FOLLOWS: 2-6C-5: DONATIONS AND OTHER CHARITABLE GIFTS: Consistent with State law, the City may receive offers of donations, gifts, bequests, grants, and art from any government agencies or private donors directed to the Art in Public Places program. All donations, gifts, and bequests directed to the Program are subject to initial review by the Parks and Recreation Commission and final approval by the City Council. Potential donors will be referred to the City Manager or his or her designee to discuss the nature of the gift and the review process. After a preliminary review is conducted, the City Manager shall refer the matter to the Parks and Recreation Commission. The Parks and Recreation Commission shall analyze the offer and the City's ability to incorporate the offer into the Program, and shall make a recommendation to the City Council regarding acceptance or rejection of the offer and, where the offer is of physical public art, a public space for placement of the donation. The City Council shall review the Parks and Recreation Commission recommendation and may take such further action as it deems appropriate prior to accepting or rejecting the offer. Funds donated to the Art in Public Places Program 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 City Council. Art in Public Places Program donations and other charitable monies will be transferred to the Public Art Fund. ATTACHMENT A Ordinance No. 21-1057 Page 2 of 2 PASSED, APPROVED, AND ADOPTED this 5th day of October, 2021. Vincent Yu, Mayor ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Gregory Murphy, City Attorney I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 21-1057 was introduced at the regular meeting of the City Council of the City of Temple City held on the 5th day of October, 2021, and was duly passed, approved, and adopted by said Council at the regular meeting held on the 19th day of October, 2021, by the following vote: AYES: Councilmember - NOES: Councilmember - ABSENT: Councilmember - ABSTAIN: Councilmember - ARTICLE C. ART IN PUBLIC PLACES PROGRAM SECTION: 2-6C-0: Purpose 2-6C-1: Definitions 2-6C-2: Ar t In Public Places Program, Public Art Fund And Advisory Committee Established 2-6C-3: Annual Art In Public Places Program Plan 2-6C-4: City Appropriations 2-6C-5: Donations And Other Charitable Gifts 2-6C-0: PURPOSE: The purpose of this article is to establish an Art in Public Places Program within the City. (Ord. 17-1024) 2-6C-1: DEFINITIONS: ADVISORY COMMITTEE: The standing committee established by section 2-6C-2 of this article. ART IN PUBLIC PLACES PROGRAM OR PROGRAM: The program established by section 2- 6C-2 of this article. ART IN PUBLIC PLACES PROGRAM PLAN OR PROGRAM PLAN: The annual report approved by City Council pertaining to how the Art in Public Places Program is to be implemented. CITY APPROPRIATION: The appropriation of funds by the City to the Public Art Fund for City projects per section 2-6C-4 of this article. PUBLIC ART: Art of a permanent nature procured or commissioned by the City for installation in a public space. PUBLIC ART FUND: Those funds maintained by the City Administrative Services Director to support the Art in Public Places Program. PUBLIC ART PROJECT: The procurement or commissioning, site selection and installation of public art by the City. PUBLIC SPACE: Any property that is owned, controlled, or dedicated to the City that is generally accessible to the public. (Ord. 17-1024) 2-6C-2: ART IN PUBLIC PLACES PROGRAM, PUBLIC ART FUND AND ADVISORY COMMITTEE 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 review and approve public art projects and shall oversee the program, including but not limited to review and approval of the annual Program Plan and the selection of appropriate public spaces for the placement of public art. ATTACHMENT B B. Public Art Fund Established: The City Council hereby establishes a Public Art Fund. The Public Art Fund shall be maintained by the City's Administrative Services Director and will support public art projects. 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. C. Advisory Committee Established: The City Council hereby establishes a standing Advisory Committee of Council members and community members to advise the City Council on matters related to the Art in Public Places Program, including the annual Program Plan. This committee shall be comprised of two (2) City Council members and up to five (5) additional members of the community who have expertise in or interest in public art. Community members need not reside in the City but may be employed in the City or otherwise connected to public art in the City but may not be employed by the City. Selection of community members is not subject to any formal process and the City Council in its discretion may select and appoint members for a fixed period of time or for an open-ended period of time connected to the review and recommendation of a particular public art project. The City Council has the discretion to remove a community member from the Advisory Committee if it determines that the community member's expertise or advice is no longer needed for the program. Nothing in this section shall be interpreted to limit the authority of the City Council to establish one (1) or more ad hoc committees if the City Council deems necessary or prudent to provide recommendations regarding a specific aspect of the program. (Ord. 17-1024) 2-6C-3: 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. The Advisory Committee shall meet to review and make recommendations regarding the annual Program Plan. The City Council shall have final review and approval authority over the Program Plan. (Ord. 17-1024) 2-6C-4: 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. The City Council may accept recommendations regarding appropriations or may make appropriations of its own volition. (Ord. 17-1024) 2-6C-5: DONATIONS AND OTHER CHARITABLE GIFTS: The Consistent with State law, the City may receive offers of donations, gifts, bequests, grants, and art from any government agencies or private donors directed to the Art in Public Places program. All donations, gifts, and bequests directed to the Program are subject to approval initial review by the City CouncilParks and Recreation Commission and final approval by the City Council. Potential donors will be referred to the City Manager or his or her designee to discuss the nature of the gift and the review process. After a preliminary review is conducted, the City Manager shall refer the matter to the Advisory CommitteeParks and Recreation Commission. The Advisory CommitteeParks and Recreation Commission shall analyze the offer and the City's ability to incorporate the offer into the Program, and shall make a recommendation to the City Council regarding acceptance or rejection of the offer and, where the offer is of physical public art, a public space for placement of the donation. The City Council shall review the Advisory CommitteeParks and Recreation Commission recommendation and may take such further action as it deems appropriate prior to accepting or rejecting the offer. Funds donated to the Art in Public Places Program 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 City Council. Art in Public Places Program donations and other charitable monies will be transferred to the Public Art Fund. (Ord. 17-1024 21-1057)