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HomeMy Public PortalAbout10A) Discussion Concerning the Public Arts Commission 2015-04-21----- AGENDA ITEM 10.A. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: April 2 1, 2015 TO: The Honorable City Co uncil FROM : Brya n Coo k , City Manager SUBJECT: DISCUSSION CONCERNING THE PUBLIC ARTS COMMISSION RECOMMENDATION: At th e request of Mayor Chavez , th e City Counci l will discuss structure of the Publ ic Arts Co mm ission. BACKGROUND/ANALYSIS : Attached for your review and subseque nt discuss ion are two ord inances (with relevant doc um entation) pertai ni ng to Commissio n formation . CONCLUSION: Act ions prescribed through tonight's de li berations wi ll be formally presented for Council co nsideration on May 5, 2015 . FISCAL IMPACT: None . ATTACHMENTS: A. Ordinance No . 12-960 B. Ord inance No. 13-971 ---------- ATTACHMENT A INCLUDES: Ordinance No . 12-960 Associated Staff Reports Meet i ng Minutes I I I ORDINANCE NO. 12-960 AN ORDINANCE OF THE CITY CO UNC IL OF TH E CITY OF TEMPLE CITY, ADDING ARTICLE C TO CHAPTER 6 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE, ESTABLI SH ING AN ART IN PUBLIC PLACES PROGRAM AND A PUBLIC ARTS COMMISSION WHEREAS, o n June 7, 2011 , the City Council Pu blic Arts Ad-Hoc Committee and th e Public Arts Advisory Group prese nted an officia l report o f recommenda tio ns to th e City Council of the City of Temple City . This report reco mmended the establishment of an Art in Public Places Program and a Publ ic Arts Commission ; and, WHEREAS, the C ity Council has considered a ll information related to this matter, includ ing the C ity Council Public Arts Ad-Hoc Committee and Public Arts Advisory Group's officia l report of recommendations, City staff reports, and a ny information provided during public meetings; and , WHEREAS, the City Council desires to create a Public Arts Commission and establ ish an Art in Pub lic Places Program that the Commiss io n 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 HE REBY 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 th e Temple C ity Municipal Code to read as follows : 2630: PURPOSE "ARTICLE C. ART IN PUBLIC PLACES PROGRAM AND PUBLIC ARTS COMMISSION The purpose of this Article is to establ ish 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 "A rt in Publ ic Places Program" or "Prog ram " means the program established by Section 2632 of this article . "A rt in Publ ic Places Program Plan" or "Prog ram Plan" means the annual report approved by City Council perta ining to how the Art in Pub lic Places Prog ra m is to be im plemented. "City Appropriation " means th e appropriation of funds by the C ity to the Public Art F und for City Projects per Section 2634 of this article. "Commission " means the Pu blic Arts Commission . "Publ ic 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 serv ices dire ctor to support the Art in Public Pl aces Program and the Commission's operating expenses. "Publ ic Art Proj ect" means the procurement or commi ss ion ing , site selection and installation of Public Art by the City. "Public Space" means any property that is owned , controlled , or ded icated 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 o f Public Art in Public Spaces. The City Council shall approve all Public Art Projects after receiving and consideri ng recommendations from the Commission. B. Public Art Fund E stablished . The City Council hereby establishes a Public Art Fund . The Public Art Fund shall be maintained by the City adm inistrative services director and will support (i) Public Art Projects and (ii) the Commissio n'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 expend iture for the purpose of procuring, commissioning, installing and maintaining Public Art shall be deposited by the City in the Publi c Art F und . 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 yea r, means of ach ieveme nt, proposed expend itures, sources of su pplemental revenue, schedu le of execut ion , necessary resources and respon si bi lities , and an implem entatio n 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 inclus ion within the Progra m Plan . 2634: CITY APPROPRIATIONS The C ity Council may appropriate C ity funds to the Pub lic Art Fund from time to time as the Council determines is in the public interest 2635: PUBLIC ARTS COMMISSION ESTABLISHED The City Counci l hereby estab lishes a Public Arts Commission which w ill review a nd advise the City Counci l on Public Art Projects and the Art in Public Places Program Plan . Th e City Council shall appoint five members to the Commission in accordance with Section 1103 of the C ity Charter. Commission members shall be appo inted to terms of office in accordance w ith Section 269 0 of th is Code. 2636 : COMMISSION RESPONSIBILITIES The Commission's duties and respons ibilities shall include: (i) Reviewing and advising the City Council on proposals for Publ ic Art Projects , including recommend ing artists, art pieces, and site selection; (ii) Reviewing and advising th e City Council on criteria or guidelines for the selection of Public Art and Public .S pa ces where Publ ic Art should be installed ; (iii) Reviewing donations and developer contributions ; I I (iv) Adv is ing the City Council on matters perta ining to the development of, and interest in , the arts and local I cultural he ri tage , at the req uest of the City Council ; and , I I I (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 Commiss ion may also cooperate w ith other art commiss ions or organizations . However, in no event shall any appropriation or work effort be made by tt)e Commiss ion towards public art which does not directly concern or affect the placement of public art within the City. 2637: RECO~MENDING PUBLIC ART PROJECTS A Recommend ing 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 Comm ission or a designated art selection panel solicit through publ ic advertisement requests for artists' slides , resumes, and letters of interest; or, invitation/l imited competition whereby the Commission or designated art se lection panel may invite a limited number of artists to submit applications or prepare proposals . B. Recommending Public Art. The Commission may recommend Publ ic Art to the City Council . The Commission shall consider the following factors in recommend ing Public Art to the City Council. 1. the compatibility of the des ign 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 wh ich the piece represents the diverse influences, culture, heritage, and traditions that reflect the uni que qualities of the City. C. Recommending Public Spaces. The Commission may recommend Public Spaces where Public Art should be installed to the City Counc il. The Comm ission 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 dynam ic , local , historical and cultural character, and surrounding context of the s ite, exi sting or planned; 2 . public safety ; 3. the extent to wh ich 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, grad ing , lighting, and seating considerations ; 6. the relationship of the proposed art to existing art within the vicin ity of the site; 7. any environmental impact such as noise , sound , ligh t, 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 minim ize vandalism ; and , 12. the cost of insta lling and maintaini ng the Publ ic 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 Comm ission to discuss the nature of the gift and the review process. After a review is conducted, the Commiss ion will recommend consideration or rejection of the offer and make a site recommendation if applicable. All donations, gifts , and bequests accepted by the Comm ission are subject to approval by the City Council. Such funds will be accounted for individually and may be adm inistered 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 F und. 2639 : MEMBER ELIGIBLITY It is the desire of the City Council that Commission members have a demonstrated inte rest in the arts or be v isua l art professionals , such as a curator, art critic, art h istorian , art educator, or other design profess ional with a visua l art background . To allow for a larg er pool of elig ible Commission members, persons who are residents of, or owners of businesses located within , the C ity of Temple City are el igible for appointment. 2640: MEMBER OFFICES Commissio n members shall e lect Com mission officers, which shall incl ude a chairperson and vice chai rperso n. The chairperso n and v ice c hai rp e rso n will serve o ne year terms. Each year thereafter, commencing on July 1st, new appointments or renewals of appointments shall be made. Meetings shall be led by the chai rperson or vice cha irperson if th e cha irperson is not present. 2641 : COMMISSION PROCEDURES T he Commission will follow rul es 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 provid ing admin istrative and staff services for the Commission. The Com m ission s hall hold regular meetings at least monthly. A majority of all the Commission's members shall constitute a quoru m at a regu lar o r special meeting of the Commission . All Commission meetings shall be open to the public and notice of the meeti ng s shall comply wi th th e Ralph M. Brown Act. 2642: MEMBER REMOVAL Commission members serve at the pleasure of the City Council. Per City Charte r Section 1103, any member of the Commission may be removed, with or without cause, at any time by the affirmative vote o f three (3) members of the City Council." SECTION 2: Severability. T he City Council hereby declares that, sho uld any provision, section, su bsection, paragraph , sentence , clause, phrase, or wo rd of this Ordinance o r any part th ereof, be rendered or declared invalid or unconstitutiona l by any fina l court action in a court of competen t jurisdic tion or by reason of any preemptive legislation , such decision or action shall not affect the va lid ity of the rema ining section or portions of the Ordinance or part th ereof. Th e City Council hereby declares that it would have independently adopted th e remain ing provisi on s, sections , subsections , paragraphs, sentences , clauses , phrases, or words of this Ord inance irrespective of th e fact that any one or more p rovisions , sections , subsections , paragraphs, sentences, cla uses , phrases, or words may be declared inval id or unconsti tutional. SECTION 3 : Effective Date. The City Clerk shall certify to the passage and adoption of th is Ordinance and to its approval by the Mayor and shall cause the same to be pu blished according to law. PASSE D, APPROVED, AND ADOPTED this 21st day of August, 2012 . I I I I I I APPROVED AS TO FORM: ~ City Attorney I , Peggy Kuo, City C lerk of the City of Temple City , hereby certify that the forego ing Ordinance No. 12-960 was introduced at the regular meeting of the City Council of the City of Temple City held on the 7 ~ day of August 2012, and was duly passed , approved and adopted by said Counci l at the regu la r meeting held on August 21 , 2012 by the following vote : AYES: NOES: ABSENT: ABSTAIN: Councilmember-Bium, Chavez, Sternqu ist, Yu Councilmember-None Counci lm ember-Vizcarra Councilmem ber -None \ Attachment B MANAGEMENT SERVICES DEPARTMENT DATE: TO: FROM: MEMORANDUM August 7, 2012 Honorable Mayor and City Council Jose E. Pulido, City Manager~ .~~ By: Brian Haworth, Assistan~e City ManageflJ SUBJECT: ADOPTION OF ORDINANCE NO. 12~960 ESTABLISHING A PUBLIC ARTS COMMISSION AND AN ART IN PUBLIC PLACES PROGRAM RECOMMENDATION: It is recommended that the City Council introduce, read by title only, and waive further reading of Ordinance No. 12-960 establ ishing a Public Arts Commission and Arts In Public Places Program. BACKGROUND: 1. On December 7, 2010, the City Council fonned the Public Art Ad Hoc Committee (i.e., Councilmembers Vizcarra and Blum) and the Public Art Advisory Group (i .e ., Temple City residents Kathy Keelin, Joanne Rosso and Robert Hepler). 2. On June 7, 2p11, the ad hoo committee and the advisory group recommended that the City Council establish an Art in Public Places Program. The initiative would: a) develop and maintain a visual arts program for residents and visitors of Temple City; b) add to the economic vitality of the community; and c) enhance the environment and unique character of T amp le City by providing for the acquisition and maintenance of quality public art works. 3. On June 7, 2011 the City Council designated Councilmember Chavez as a member of the ad hoc committee replacing Councilmember Blum . 4. In March 2012, the ad hoc committee and advisory group began work with staff to draft an ordinance that establishes a public arts program. Research foc used on best practices and lessons learned from those municipalities with recently adopted public arts programs (e.g., the cities of Pomona, Napa and Coachella). City Counc~ 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, tha other which establishes a funding mechanism for the acquisition and maintenance of public art. The consensus was to rnova forward with the public arts ordinance. Polley 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 appro ved a $15,000 carryover for public art ad visory services. Th ese services will support development of a required and annual Arts in Publfc Places Program Plan, as well as assist the Public Arts Commission in recommending (to the City Council) a funding mechanism that provides long-term solvency for public art acqu is it io n and maintenance. ANALYSIS: Over t he years, communities across the country -as well as 1hroughout California - have de1ermined that public art is a critical element of providing a diverse and culturaJiy rich environment 1o 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-oonceived public art can Increase property values, help lease space mare quicldy, 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 pragramsj 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 abmty to represent diverse community values, and a wide range of artistic styles and disciplines. Proposed Ordlnsnce The Ordinance sets a legal framework far establishing a public arts program in Temple City. By no means incl usive, it Is meant to be broad and amended aver time to incorporate detailed administrative provisions defined by either the City Council or Publlo Arts Commission. Major components of the ordinance Include establishment of: • An Arts in Public Places Program that allows far the procurement, commissio n and installation of public art in public places. City Council August 7, 2012 Page3 • 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 Pyblic 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 Commlssjon 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 oompensation for two-year terms; • Protocol for recommending public art projects specifically in selecting artists, and recommending public art installations and locations for City Counci l ronsideration; and • Staff suppgrt 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 fult-time Arts Admin istrator 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 1he 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 staffs 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 '1ump-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 afresdy compiled a "short list" of qualified consultants) Completion of the Arts in Public Places Program Plan. Implementation of Arts in Public P laces Program. City Council August7,2012 Page 4 Apr. 2, 2013 First read ing 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 detai l 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 foots teps 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 DATE: TO : FROM: MANAGEMENT SERVICES DEPARTMENT MEMORANDUM August 21, 2012 The Honorable City Council Jose E. Pulido, City Manage0V. By: Brian Haworth, Assist~~ the City Manager AGENDA ITEM 8.8. SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 12-960 ESTABLISHING A PUBLIC ARTS COMMISSION ANO AN ART IN PUBLIC PLACES PROGRAM RECOMMENDATION: The City Council is requested to waive further reading and adopt Ordinance No . 12-960 establishing a Public Arts Commission and Arts in Public Places Program. BACKGROUND: 1. On December 7, 2012, the City Council formed the Public Arts Ad Hoc Committee (i.e., Councilmembers Vizcarra and Blum) and Public Arts Advisory Group (i.e., Temple City residents Kathy Keelin, Joanne Rosso and Robert Hepler). 2. On June 7, 2011, the ad hoc committee and advisory group recommended that the City Council establish an Arts in Public Places Program. 3. On June 7, 2011, the City Council designated Council member Chavez as a rnember of the ad hoc committee replacing Councilmember Blum. 4. In March 2012, the ad hoc committee and advisory group began work with staff to draft an ordinance that establishes a public arts program . Research focused on best practices and lessons learned from those municipalities with recently adopted public arts programs (e.g., the cities of Pomona, Napa and Coachella). 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 a public arts ordinance. Policy direction ~~--- City Council August 21, 2012 Page 2 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 support development of a required and annual Arts in Public Places Program Plan, as well as assist the Public Arts Commission in recommending (to the City Council) a funding mechanism that provides long-term solvency for publ ic art acquisition and ma intenance . 7. On August 7, 2012, the City Council conducted a public hear ing to consider adoption of Ordinance No . 12-960 ("Ordinance") and to introduce it for first reading . No public comments were received. ANALYSIS: 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. The subject Ordinance sets forth a legal framework for establishing a public arts program in Temple City (Attachment "A"). 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 proposed Public Arts Commission . Major components of the Ordinance include : • An Arts in Public Places Program that allows for the procurement, commission and installation of public art in public places; • 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 perta ining to public art . The City Co uncil August21,2012 Page 3 Commission will comprise of five appointed commissioners -all with a professional background or interest in vi sual 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 admin ister the public arts program with assignment by the City Manager. The staff member will be tasked to serve in capacity as the Arts Administrator. Attachment "B" contains more information on the proposed public arts program . If approved by the City Council , the Ordinance takes effect September 20, 2012. CONCLUSION: Adoption of the Ordinance sets forth a framework and advisory board (i.e., the Pub l ic Arts Commission) to develop and maintain a visual arts program for Temple City. Public art is a critical element of providing a diverse and culturally rich env ironment 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 the ir urban centers and overall improvement in business climate. Well-conceived public art can increase property values, help lease space more qu ickly , enhance a city's corporate image , promote cultural tourism , and provide a visible and lasting contribution to the community. FISCAL IMPACT: None. ATIACHMENTS: A. Ordinance No. 12-960 B. August 7, 2012 Staff Report I .I _,. I ··":\. ... , ~ City Council Minutes August 7 , 2012 Page 7 10. D. waive further reading of the proposed Ordinance No . 12-959, seconded by Councilmember Vizcarra and unanimously carried. ADOPTION OF ORDINANCE NO . 12-960 ESTABLISHING A PUBLIC ART COMMISSION AND AN ART IN PUBLIC PLACES PROGRAM The City Council is requested to adopt an ordinance to establish a Public Arts Commission and Arts in Public Places Program . Adoption of the ordinance would set. forth a framework to establish a public arts program that serves as an economic development tool, and represent Temple City's diverse community values and wide range of artistic styles . Assistant to City Manager Haworth gave a summary of the staff report . Mayor Yu opened public comment. Jerry Jambazian, Temple City business owner, asked if the City will be able to accept donations from the public for public art projects throughout the City. Mayor Yu closed public comment. Councilmember Chavez made a motion to introduce Ordinance No . 12- 960 for first reading by title only, an amendment to the City's Municipal Code 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 and waive further reading of the proposed Ordinance No . 12- 960, seconded by Councilmember Vizcarra and unanimously carried . E.:. PUBLIC HEARING: CANCELLED TO CONSIDER CODE AMENDMENTS TO MODIFY SECTION 9296 TO REDUCE THE SIZE OF NON-RESIDENTIAL PARKING AND ALLOW COMPACT PARKING; AND MODIFY SECTION 9291 RELATING TO REQUIRED PARKING FOR OUTDOOR DINING This item was not heard by the City Council as the Planning Commission has not completed its review of this item, nor provided a recommendation to the City Council at this time . This item will be re-noticed for a public hearing at a future date . Councilmember Vizcarra left the meeting at 8 :28p.m. and returned at 8:31 p.m. COMMUNICATIONS A. STATUS REPORT ON EDI HAPPY FAMILY MOON FESTIVAL I I I City Counc il Minutes August 21 , 2012 Page 3 B. The City Council is requested to consider second reading and adoption of Ord in ance No. 12-959 amending the City's Mun icipal Code to create Section 9290.5, Parking Concession Agreements in Title 9 , Chapter 1, Article J of the City 's Municipal Code. The proposed Parking Concession Agreements would be beneficial to the City in several ways -promote economic development, assist in creating pedestrian oriented developments, promote shared parking , and encourage alternative modes of transportation . Community Development Director Masura gave a brief summary of the staff report . Mayor Yu opened publ ic comment. Mayor Yu closed public comment. Councilmember Chavez made a motion to waive further reading and adopt Ord inance No . 12-959 by title only , an Ordinance amending the City's Municipal Code to create Section 9290.5 , Park in g Concession Agreements in Title 9, Chapter 1, Art icle J of the City's Municipal Code, seconded by Councilmember Blum and unanimously ca rried by the following roll call vote : AYES : NOES : ABSENT: Councilmember: Blum, Chavez, Sternquist, Yu Councilmember: None Councilmember: Vizcarra SECOND READ ING AND ADOPTION OF ORDINANCE 12-960 ESTABLI SH ING PUBLIC ARTS COMMISSION AND ARTS IN PUBLIC PLACES PROGRAM Public art is a critical element of provid in g a diverse and culturally rich environm ent to residents and visitors alike . More importantly, in communities with formalized pub lic arts programs, the re have been marked improvements in economic development through the revitalization of their urban centers and overall improvement in the business climate. Well-conceived public art may increase property values, help lease space more quickly, enhance a city's corporate image, promote cultural tourism , and provide a visible and lasti ng contribution to the community. The City Council is requested to adopt an ordinance to establish a Public Arts Commission and Arts in Public Places Program . Adoption of the ordinance sets forth a framework and advisory board to develop and maintain a vis ual arts program for City of Temple City . Assistant to the City Manager Haworth gave a brief summary of the staff report. Mayor Pro Tern Sternquist made a motion to waive further reading and adopt Ord in ance No. 12-960 by title only, an Ordinance adding Article G to Chapter 6 of Title 2 of th e Temple City Munici pal Code, establishing an Art in Public Places Program and a Publi c Arts Commission, seconded by Cou nci lmember Blum and unanimou sly carried by th e following roll call votes: AYES : NOES: ABSENT: Councilmember: Blum, Chavez, Sternquist, Yu Council member: None Councilmember: Vizcarra ATTACHMENT B INCLUDES: Ordinance No . 13-971 A ssociated Sta ff Reports Meet ing Mi n utes I I I • ORDINANCE N0.13-971 AN ORDINANCE OF THE C ITY COUNCIL OF THE CITY OF TEMPLE CITY, AMENDING MUNICIPAL CODE SECTION 2635 TO A LLOW FOR ADDITIONAL MEMBERS ON THE PUBLIC ARTS COMMISSION ·. WHEREAS, on August 21, 2012 , the City Council adopted Ordinance -No. 12-960 establishing an Art - in Pu blic Places Program and a Publ ic Arts Commissio n; and, WHEREAS, Section 2635 of the Temple City Municipal Code provid~s t!lat the City Council appoint five members to the Public Arts Commission; and, · WHEREAS , s ubsequen t to the adoption of Ordinance No. 12-960, the C ity Counci l has decided that the City wo uld be better seNed by a la rger Public Arts .Commissio n, consisting of seven m embers, to review and advise the City Cou nci l on matters wi thi n the scope of the Art in Public Pl aces Program; and WHEREAS, persons interested in serving on the Public Arts Commission have subm itted applications to th e City, a nd the ·City .. Council has selected seven ·individuals to serve on the Public Arts Commis~ion plu s one alternate in the event a commission seat becomes vacant. · THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS FOLLOWS : SECTION 1: Amendment of Section 2635. The City Council hereby amends Section 2635 (Public Arts Comm ission Establis hed) of the Temple City Municipa l Cod e, as adopte d by Ordinance 12-960, to reads as follows : "The City Counci l here by esta_blishes a Public Arts Commission which wi ll review and advise the City Counci l on Public Art Projects and the Art in Public Places Program Plan. The.City Council shall appoint seve n (7) members to the Comm ission in acco rdance with Section ~ 103 of the city charter. Commission members shall be appointed to terms of office in accordance with Section 2690 of th is Code, except th at wherever "two commissio ners" is writte n "three commiss ioners" shall be substituted, a nd wherever "three co mmissioners" is written "four commissione rs" shall be substitute d. The City Council may appoin~ one or more additional persons as alternates to fill any mid-term vacancy on the Commission." SECTION 2: Severabili~. The City Council hereby declares that, should any provision, section , subsection, paragraph, sentence, clause, phrase, or word of this Ordinance or any pa rt thereof, be rendered or declared invalid or unconstitutio nal by any fina l court action in a court of competent ju ris<;liction or by reason of any preemptive legislation, such decision or act!o n shall not affect the validity of. the remaining section or portions of the Ordinance or part thereof. Th e City Council hereby declares that it would have independently adopted the remaining provisions, sections,. subsection s, paragraphs, sen tences, Clauses, ph rases, or wo rds of this Ordinance irrespective of the fact that any one or more prov isions, sections, subsections, paragrap hs, sentences, clauses, phras es, or words may be declared invalid or unconstitutiona l. SECTION 3: Publication. The City Clerk sha ll certify to th e passage and adoption of this Ordinance and to its approval by th e Mayor and shall cause the same to be publi shed according to law. 1 ,----------------------------------------- PASSED; APPROVED, AND AD6PTED this 16th day of April, 2013. ATTEST: APPROVED AS TO FORM : .. c(i~ I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing Ordinance No. 13-971 was introduced at the regular meeting of the C ity Council of the ·city·of Temple City held on the 2nd day of April 2013, its second read in g on 161h day of April, 2013, and was duly passed , app_roved and adopted by said Council at the regular meeting held on 16th day of April , 2013 by the following vote: AYES: NOES: · ABSENT: ABSTAI~ Councilmember-Chavez, Vizcarra, Yu, Blum, Sternquist Councilmember-None Councilmember-None Council member-None .... ' ·' 2 I I I DATE : TO : FROM: MANAGEMENT SERVICES DEPARTMENT MEMORANDUM April 2, 2013 The Honorable City Council Jose E. Pulido , City Manager By: Brian Hawo rth , Assistant to the City Manager AGENDA ITEM 9.E. SUBJECT: INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-971 AMENDING MUNICIPAL CODE SECTION 2635 TO ALLOW FOR ADDITIONAL MEMBERS ON THE PUBLIC ARTS COMMISSION RECOMMENDATION: The City Council is requ ested to: a) Introduce Ordinance No . 13-971 for first read ing by title on ly; b) Waive further readi ng of Ordinance No . 13-971; and c) Set the second reading of Ordinance No . 13-971 for April16, 20 13. BACKGROUND: 1. On September 20, 2013, Ordinance No. 12-960 took effect establishing an Art in Public Places Program . Among other things, the statute established a five-member Public Arts Commission (Commission) to act in an advisory capacity to the City Council (Council) on matters pertaining to public art po lici es and acquisitions. 2. On October 8, 2012, the City opened the Commiss ion rec ruitment process to Temple City residents and busin ess owners. Notificat io n was made through various communication platforms-from news print media and telephonic means to social media and web postings-to ensure a stro ng candidate pool. 3 . .On November 9, 2012, the Commission recruitment process closed, y iel ding a strong and diverse pool of 17 candidates. City Council April2, 2013 Page 2 4 . On December 6, 2012 , an outside panel of artists and public art administrators interviewed the candidates using a set of standardized questions relevant to the Commission's roles and responsibilities . These questions, provided to the candidates upon notification of their scheduled interviews, were intended to · facilitate a fair and competitive selection process . · 5. On December 10, 2012, the outside panel provided a unanimous selection of the following candidates to fill the five Commission seats: Hilary Larsen; Jianxin Zhao, Angie Kim; Maryann Rachford; and David Ho . The panel also recommended Joanne Rosso as an alternate in the case of future Commission vacancies -this arrangement would allow for greater staff efficiencies and uninterrupted Commission business, given a proposed and aggressive work plan for the next three years. 6 . On January 10, 2013 , the Council approved the panel's cand idate recommendations to fill the five Commission seats. The Council also unanimously voted to increase the size of the Commission to seven members and an alternate to take advantage of the recruitment's highly qualified candidate pool. 7. On February 14, 2013, the following five candidates-based on their performance in the initial interview process-were notified of the opportunity to interview for the two added Commission seats: Kathy Keelin; Robert Hepler, Joanne Rosso; Su-E Tan; and Mary Coolman. 8. On March 11, 2013, the Council conducted the candidate interviews and named Kathy Keelin and Robert Hepler to the two added Commission seats. The Council also named Joanne Rosso as alternate in the event a Commission seat becomes vacant within the next three years. ANALYSIS: In support of the Council 's decision that the city would be better served by a larger Public Arts Commi$sion , the adoption of Ordinance No. 13-971 (Attachment "A ") amends Municipal Code Section 2635 to allow for two additional Commission members, as well as an alternate. Specifically, the proposed language reads : "The City Council hereby establishes a Public Arts Commission wh i ch will review and advise the City Council on Public Art Projects and the Art in Public Places Program Plan . The City Council shall appoint seven (7) memb ers 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, except that wherever "two commiss ioners " is written "three commissioners" shall be substituted , and wherever "three commissioners is City Council April 2 , 2013 Page 3 written "four commissioners" shall be substituted. The City Council may appoint one or more additional persons as alternates to fill any mid-term vacancy on the Commission." If the Council approves the first reading of Ordinance No. 13-971, it then will conduct a second reading of the amending language on April 16, 2013. If approved by the Council, the new provision takes effect May 16, 2013. CONCLUSION: Adoption of Ordinance No. 13-971 will subsequently allow the Council to formally seat its seven-member Public Art Commission on June 4 , 2013. This timely action will then enable the advisory body to begin an ambitious work plan that sets 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: This item does not have an impact on the Fiscal Year{FY) 2012-13 City Budget. ATTACHMENT: A. Ord inance No. 13-971 AGENDA ITEM 8.C. MANAGEMENT SERVICES DEPARTMENT MEMORANDUM DATE: April 16, 2013 TO: The Honorable City Council FROM: Jose E. Pulido, City Manage d By: Brian Haworth, AssistanKo f he City Manager SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO .. 13-971 AMENDING MUNICIPAL CODE SECTION 2635 TO ALLOW FOR ADDITIONAL MEMBERS ON THE PUBLIC ART$ COMMISSION RECOMMENDATION: The City Council is requested to waive further reading, and adopt Ordinan ce No. 13-971 amending Section 2635 of the Temple City Municipal Code to allow for additional members on the Public Arts Commission . BACKGROUND: 1. On September 20, 2012, Ordinance No . 12-960 took effect establishing an Art in Public Places Program. Among other things, the statute established a five-member ·Public Arts Comm ission (Commission) to act in an advisory capacity to the City ·Council (Council) on matters pertaining to public art policies and acquisitions. 2. On October 8, 2012 , the City opened the Commission recruitment process to Temple City residents and business owners. Notification was made through various communication platforms-from news print media and telephonic means to social media and web postings-to ensure a strong candidate pool. 3 . On November 9, 2012 , the Commission recruitment process closed , yielding a strong and diverse pool of 17 candidates. 4. On December 6 , 2012, an outside panel of artists and public art aqministrators interviewed candidates using a set of standardized questions relevant to the Commission's roles and responsibilities. These questions, provided to the City Council April 2, 2013 Page 2 candidates upon notification of their scheduled interviews , were intended to facilitate a fair and competit ive selection process. 5. On December 10, 2012, the outside panel provided a unanimous selection of the following candidates to fill the five Commission seats: Hilary Larsen ; Jianxin Zhao, Angie Kim; Maryann Rachford ; and David Ho. The panel also recommended Joanne Rosso as an alternate in the case of future Commission vacancies. Given the proposed and aggressive three year work plan, this arrangement would allow for greater staff efficiencies and uninterrupted Commission business. 6. On January 10, 2013, the Counc il approved the panel's candidate recommendations to fill the five Commission seats. The Council also unan imously voted to increase the size of the Commission to seven members and an alternate to take advantage of the recruitment's highly qualified candidate pool. 7 . On February 14, 2013, the following five cand idates-based on their performance in the initial interview process-were notified of the opportunity to interview for the two added Commission seats: Kathy Keelin; Robert Hepler, Joanne Rosso; Su-E Tan ; and Mary Coolman. 8 . On March 11, 2013, t.he Council conducted the candidate interviews and named Kathy Keelin qnd Robert Hepler to the two added Commission seats . The Council also named Joanne Rosso as alternate in the event a Commission seat becomes vacant within the next three years. 9. On April 2, 2013, Ord inance No. 13-971 was introduced for first reading at a regularly scheduled City Council meeting, amending Section 2635 of the Temple City Municipal Code. ANALYSIS: In support of the Council's decision that the City would be better served by a larger Public Arts Commission, the adoption of Ordinance No. 13-971 amends Municipal Code Section 2635 to allow for two additional Commission members, as well as an alternate. Specifically, the proposed language reads: ''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 seven (7) members to the Commission in accordance with Section 11 03 of the city charter. Comm ission members shall be appointed to terms of office in accordance with Section 2690 of this Code , except that wherever "two commissioners" is written ''three commiss ioners" shall be substituted , and wherever ''three commissioners is City Council April 2, 2013 Page 3 written "four commissioners" shall be substituted. The City Council may appoint one or more additional persons as alternates. to fill any mid-term vacancy on the Commission." · The expanded Commission will better represent the diverse and culturally rich community, and will serve as a key contributor in furthering the City's Arts in Public Places Program. Under the direction and guidance of the new Commiss ion, public art can be used as an effective tool for improving the business climate and property values,. in addition to establishing a platform of cultural tourism to attract visitors near and far. If the Council approves Ordinance No. 13-971 , then the new provision will take effect on May 16, 2013. CONCLUSION: Adoption of Ordinance No . 13-971 will subsequently allow the Council to formally seat its seven-member Public Art Commission on June 4, 2013. Immediately after the Commission is seated, they will begin an ambitious wo.rk plan that sets 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: This item does not have an impact on the Fiscal Year (FY) 2012-13 City Budget. ATTACHMENT: A . Ordinance No. 13-971 I I I City Council Minutes April 2, 2013 Page 7 E. Jerry Jambazian , Temple City business owner, expressed concern ·regarding the discharge of illegal firewo rks. -- Martha Ace ro , Templ e City Amateur Softball Association, spoke in opposition of reduc ing the operating hou rs of the fireworks stands. · Mayor Sternqu ist closed public comments .. Councilmember Blum made a motion to adopt Ordinance No. 13-968 for first reaa ing by ti tle only, modifying and enhancing Chapter 1 ("Fire Code") of Title 3 ("Public Safety") of the Temple City Mun icipal Code regarding regulations relating to the possession , sale , and discharge of fi reworks in the City of Temple City; and sc.hi:!duled the second read ing of - Ord inance No. 13 -968 for April16, 2013. Seconded by Councilmember Yu and carried by the following vote: - AYES : NOES: ABSTAIN: Councilmember -Chavez, Yu, Blum, Sternqu ist Councilmember-V izcarra· Councilmember -None INTRODUCTION AND FIRST READING OF ORDINANCE NO. 13-971 AMENDING MUNICIPAL CODE SECTION 2635 TO ALLOW FOR ADDITIONAL MEMBERS ON THE - PUBLIC ARTS COMM ISSION In support of the Council's decision that the City would be better served by a larger Publ ic Arts Comm ission , the adoption of Ordinance No. 13-97 1 amends Municipal Code Secti on 2635 to allow for two add iti onal Commission members , as well as an alternate. City Attorney Vail gave a brief summary of the staff report. Councilmember Yu made a motion to introduce Ordinance No. 13-971 for first reading by _ title only, waive further reading of Ordinance No. 13-971 and set the second reading of Ordinance No . 13-9(1 for April 16, 2 013. Seconded by Mayor Pro Tern Blum and unanimously carried . 10. COMMUNICATIONS A. Los Angeles County Sheriff Activities for January and February 2013. Sergeant Miranda gave City Cou.ncil a brief update regarding the recent homicide in Temple City. Encourage anyone with information to call Detective Fredenell Clark at 323-890-5500 or.crime stopper hotline at 800-222 -_TIPS (8477). 11 . RECESS TO SUCCESSOR . AGENCY TO THE TEMPLE CITY GOMMUNITY REDEVELOPMENT AGENCY MEETING 12. At 10:41 p.m ., the C ity Council recessed to the Successor Agency Meeting . Minutes· of the Succ essor Agency Meeti ng are set forth in full in the Successor Agency's records. RECONVENE AS CITY COUNCIL The C ity Council meeting .. wa~ reconvened at 10:42 p.m. with all Counc il members present. ACTIONS TAKEN BY CITY AS SUCCESSOR AGENCY TO THE TEMPLE CITY COMMUNITY REDEVELOPMENT AGENCY -None I ( I I City Council Minutes April16, 2013 Page 7 C . Jerry Jambazian, Temple City business owner, commented that the adoption of this ordinance will not affect the 2013 firework season. Dina Piraino , Temple City resident , spoke in opposition of allowing fireworks in Temp le City. Mayor Sternquist closed public comment. Mayor Pro Tem Blum made a motion to waive further reading and adopt Ordinance No. 13-968 by title only, an Ordinance modifying and enhancing Chapter 1 ("Fire Code") ofTitle 3 ("Public Safety") of the Temple· City Mun icipal Code regard ing regulations re lating to the possession , sale, and discharge of fireworks in the City of Temple City, seconded by Councilmember Vizcarra and unanimously carried. SECOND READING AND ADOPTION OF ORDINANCE NO. 13-971 AMENDING MUNICIPAL CODE SECTION 2635 TO ALLOW FOR ADDITIONAL MEMBERS ON THE PUBLIC ARTS COMMISSION In support of the Council's decision that the City would be better served by a larger Public Arts Commission , the adoption of Ordinance No. 13-971 amends Municipal Code Section 2635 to allow for two additional Commission members, as well as an alternate. City Attorney Vail gave a brief summary of the staff report. Mayor Sternquist opened public comment. Mayor Sternquist closed public comment Councilmember Chavez made a mot io n to waive further reading and adopt Ordinance No. 13-971 by title only, an Ord inance amending Municipal Code Section 2635 to allow for additional members on the Public Arts Commission , seconded by Council member Vizcarra . 9. NEW BUSINESS A PUBLIC HEARING TO CONSIDeR A PARKING CONCESSION AGREEMENT TO ALLOW THE ESTABLISHMENT OF A RESTAURANT WITHOUT THE REQUIRED OFF- STREET PARKING AT 9225 LAS TUNAS DRIVE (PHOENIX BOUTIQUE INC .) The overarching goal of the Comprehensive Downtown Parking Strategic Plan is to enha nce economic development opportunities in the Downtown. The Comp rehens ive Downtown Parking Strategic Plan syncs up with the 2002 Downtown Specific Plan in the City's on-go ing effort to focus attention on the historic Downtown core. The idea for Parking Concession Agreements was a direct result of the Comprehensive Downtown Parking Strategic Plan . A Parking Concession Agreement provides flexibility to the zon in g sta ndards, promotes economic developm ent and revitalization , assists in creating a pedestrian friendly environment, and encourages alternative travel modes. This Park ing Concession Agreement is the first to be cons idered by th e City Council and w ill set the tone fo r future applications. The Planning Commiss ion approved a Conditional Use Permit for the restau ra nt, and recomme nded that the C ity Cou nc il approve the Parking Concession Agreement. Approval of this Parking Concession Agreement would allow the restaurant to reduce its off-street parking from 29 to 13 sta lls.