HomeMy Public PortalAboutOrdinance 12-9601
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ORDINANCE NO. 12 -960
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY, ADDING ARTICLE C TO CHAPTER 6 OF TITLE 2 OF THE
TEMPLE CITY MUNICIPAL CODE, ESTABLISHING AN ART IN PUBLIC
PLACES PROGRAM AND A PUBLIC ARTS COMMISSION
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 C to Title 2, Chapter 6 of the Temple City Municipal Code. A
new Article C, "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:
"ARTICLE C. ART IN PUBLIC PLACES PROGRAM
AND PUBLIC ARTS COMMISSION
2630: PURPOSE
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.
2631: DEFINITIONS
"Art in Public Places Program" or "Program" means the program established by Section 2632 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 2634 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.
2632: 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.
2633: 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.
2634: 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.
2635: 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 1103 of the City Charter. Commission members
shall be appointed to terms of office in accordance with Section 2690 of this Code.
2636: 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,
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(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.
2637: 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.
2638: 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.
2639: 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 of Temple City are eligible for appointment.
2640: 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.
2641: 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.
2642: 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 21st day of August, 2012.
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ATTEST:
APPROVED AS TO FORM:
City Clef' ' ' City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No.
12 -960 was introduced at the regular meeting of the City Council of the City of Temple City held on the 71h
day of August 2012, and was duly passed, approved and adopted by said Council at the regular meeting held
on August 21, 2012 by the following vote:
AYES: Councilmember -Blum, Chavez, Sternquist, Yu
NOES: Councilmember -None
ABSENT: Councilmember - Vizcarra
ABSTAIN: Councilmember -None
V _
City Clerk
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