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HomeMy Public PortalAbout19) Item 10A Discussion of Public Arts CommissionMANAGEMENT SERVICES DEPARTMENT DATE: June 21, 2016 TO: The Honorable City Council FROM: Bryan Cook, City Manager By: Peggy Kuo, City Clerk MEMORANDUM SUBJECT: DISCUSSION OF PUBLIC ARTS COMMISSION RECOMMENDATION: The City Council is requested to: 1. Discuss regarding the Public Arts Commission; and 2. Provide direction to staff on how to proceed. BACKGROUND: AGENDA ITEM 10.A. 1. On December 7, 2010, the City Council formed a Public Art Advisory Group Ad Hoc Committee (i .e., Councilmembers Vizcarra and Blum) and Public Arts Advisory Group. 2. On June 7, 2011 , the Public Arts Ad Hoc Committee (Ad Hoc Committee) and Public Arts Advisory Group (Advisory Group) recommended that the City Council establish an Art in Public Places Program. 3. In March 2012, the Ad Hoc Committee and Advisory Group began working with staff to draft an ordinance that establishes a public arts program. 4. 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. 5. On June 19, 2012 as part of the adopted Fiscal Year (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 Annual Arts in Public Places Program Plan , as well as assist th e Public Arts Commission in recommending (to the City Council) a fund ing mechanism that provides long-term solvency for public art acquisition and maintenance. City Council June 21, 2016 Page 2 of 4 6. On August 21 , 2012, City Council adopted Ordinance No. 12-960 establishing a Public Arts Commission (Com mission). 7. On April 16, 2013, City Cou ncil adopted Ordinance No. 13-971 amending Municipal Code Section 2635 to al low for additional members on the Commission. 8. On May 20, 2014, The City Council adopted the Commission's recommended FY 2014-15 Public Art Annual Plan. 9. On May 19, 2015, City Council adopted Ordinance No. 15-1003 amending Municipal Code Section 2-6C-5 to reduce the size of the Commission. 10. On June 8, 2015, the Commission prioritized the goals for the FY 2015-16 Public Art Annual Plan. 11 . On October 20, 2015, the City Council approved the FY 2015-16 Public Art Annual Plan. 12. On March 14, 2016, the Commission approved staffs recommendation to develop a Public A rts Master Plan for the City. 13. On April 1, 2016, staff published a notice in the Temple City Tribune for the recruitment of City Commissioner seats expiring on June 30, 2016 (i.e., 3 seats in Public Arts Commission). 14. On April 29, 2016, City Commissioner recruitment deadline, staff received two applications for the three Commissioner seats expiring on June 30, 2016. 15. On June 7, 2016, City Council directed staff to prepare a report for City Council discussion regarding the Public Arts Commission . ANALYSIS: The Public Arts Commission was created by City Council in 2012 by adoption of Ordinance No. 12-960 (Attachment "A"). The Ordinance sets a legal framework for establishing a public arts program in Temple City. Major components of the Ordinance include establishment of: 1) An Arts in Public Places Program; 2) A Public Arts Fund ; 3) An annual Arts in Public Places Program Plan; 4) A Public Arts Commission; Protocol for recommending public art projects; and 5) staff support to administer the public arts program. The Commission was established to develop and maintain a visual arts program for Temple City. Th e Commission responsibilities include: 1) Reviewing and advising the City Council on proposals for public art projects, including recommending artists, art pieces, and site se lection; 2) Reviewing and advising the City Council on criteria or guideli nes for the se lection of public art and public spaces where public art should be City Council June 21, 2016 Page 3 of 4 installed; 3) Reviewing donations and developer contributions; 4) 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 5) Assisting th e City Council with the preparation of the annual art in public places program plan. The Commission meets on the second Monday of each month at 7 p.m. The Public Arts Commission Annual Plan , adopted in October 2015, included: • Formalize a citywide rotating mural program pending community feedback from the Mural-In-A-Weekend event; • Finalize concept for a temporary in stallation to the backside of Rosemead Boulevard directory monuments; • Provide Commission input when opportunities for public art arise in the proposed Las Tunas Streetscape Redesign Project and Park Facilities Master Plan; • Continue work on the Temple City Routes art installation using Linden Walk in- lieu fees; • Update the City's Community Profile to identify and inform new artist themes and design sensibilities for procurement of new artwork; • Formalize Public Arts Implementation Strategy for the City's growing public art collection; • In itiate development of the Public Art Administrative Guidelines; • Formalize a Maintenance Schedule for the City's public art collection; and • Provide Commission input for the updated General Plan. Funding for the Program has been available through public payment and in-lieu fees negotiated with the developers. Currently, staff has been assisting the Commission with the Public Art Master Plan. Du e to staff transitions, the Commission has met once this year to consider app rova l to develop a Public Arts Master Plan for the City in March. City Council requested to have a discussion regarding the Public Arts Commission and provide direction to staff. Several options can be considered: 1) Keep the Commission in current form and structure; 2) Restructure the Commission into an Advisory Group; 3) Create a City Council Public Arts Standing Committee with Public Arts Advisory members; 4) Reconsider the Commission meeting frequency and scope of work considering available funding resources. If the City Counci l decides to make any changes to the structure of the Commission, it would be necessary for staff to bring back an Ordinance with Council's recommended changes for adoption at a future City Council meeting. CITY STRATEGIC GOALS: A review of the Public Arts Commission structure wi ll promote the City's Strategic Goal of Good Govern ance. City Council June 21 , 2016 Page 4 of 4 FISCAL IMPACT: This item does not have an impact on the Fiscal Year (FY) 2015-16 City Budget. ATTACHMENT: 1. Ordinance No. 12-960 ATTACHMENT A ORDINANCE N0.12-960 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: 2630: PURPOSE "ARTICLE C. 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. 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 Projecr 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, (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. Lc-=Sl:J -MAYOR ATIEST: APPROVED AS TO FORM: ~ Q~J city ere 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 7t~ 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: NOES: ABSENT: ABSTAIN: Councilmember-Bium, Chavez, Sternquist, Yu Councilmember-None Councilmember-Vizcarra Councilmember-None