HomeMy Public PortalAbout12) 10A Arts in Public Places Program and Public Arts CommissionCity Council
May 2, 2017
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advisory committee would be comprised of two City Council members and up to five
additional members of the community who have expertise in or interest in public art. This
means that at times when there is not much Program work going on, the City Council
could limit the committee to a simple two-member advisory body of City Council Members
or those two members and one or two community members. But when there are more
involved issues in the Program or the Council desires more voices to weigh in on a
proposed Program project, the Council could appoint up to a total of five community
members to aid in reviewing and crafting recommendations regarding the Program.
Under the proposed ordinance, community members appointed to the advisory committee
would not need to reside in the City. Instead, they could be residents but also could be
employed in the City or otherwise be connected to the concept of public art in the City.
This means, for example, that an artist who was born in Temple City but now resides
elsewhere could be named to the committee to assist the Council with the Program. In
order to be consistent with a limitation on City Commissions in the recently-adopted
Measure AA, no City employee may be appointed to the advisory committee.
Selection of community members would not be subject to any formal process, so the City
Council would have the ability to select and appoint members for a fixed period of time or
for an open-ended period of time. This means that committee members might be
appointed to aid in the review of a specific public art project, no matter how long or short a
period of time that review process took. This flexibility should aid the Council in finding
willing community members to serve on the committee.
The City Council also would be given the discretion to remove a community member from
the proposed advisory committee if the Council determines that the individual's expertise
or advice is no longer necessary. This provides another layer of flexibility for the Council in
ensuring the smooth functioning of the advisory committee. Finally, nothing in the
proposed ordinance would limit the authority of the City Council to establish one or more
additional ad hoc committees if the Council believed they would aid in making
recommendations regarding a specific aspect of the Program. For example, the Council
may find that a specific proposed work of art would benefit from in-depth study by persons
with expertise related to the type of art, while wanting to maintain a greater breadth of
expertise on the advis01y committee. In such a circumstance, an additional ad hoc
committee could be created to meet the Council's needs.
Based on the City's experience with the Program and the Council ad hoc committee's
direction, it is believed that the attached ordinance would provide a framework that best
serves the City's needs at this time.
CITY STRATEGIC GOALS:
The proposed modification to the Art in Public Places Program will promote the City's
Council
May 2, 2017
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Strategic Goal of Good Governance<
FISCAL IMPACT:
There is no fiscal impact arising from the proposed modification to the Art in Public Places
Program<
ATTACHMENTS:
A Ordinance No< 17-1024<
ATTAC MENTA
ORDINANCE N0.17-1024
AN ORDINANCE OF THE CITY COUNCIL OF THE
OF TEMPLE CITY, AMENDING ARTICLE C OF CHAPTER
6 OF TITLE 2 OF THE TEMPLE CITY MUNICIPAL CODE,
MODIFYING THE ART IN PUBLIC PLACES PROGRAM
AND ELIMINATING THE PUBLIC ARTS COMMISSION
WHEREAS, on August 21, 2012, the City Council adopted Ordinance 12-960
establishing an Art in Public Places Program and a Public Arts Commission; and,
WHEREAS, in the years subsequent to the adoption of Ordinance No. 12-960, the
City Council has considered the operations of the Public Arts Commission and twice
adopted ordinances to modify the size of the Commission to allow for improved operation
of the Commission, and,
WHEREAS, the most recent recruitment for new members of the Public Arts
Commission resulted in fewer applications than open seals; and
WHEREAS, subsequent to that recruitment, the City Council established a Public
Arts Commission Ad Hoc Committee to discuss the structure of the Commission and the
Art in Public Places Program; and
WHEREAS, the City Council received a report from the Ad Hoc Committee and
determined that the Art in Public Places Program could be overseen directly by the City
Council and City Staff, with regular public input from a less-formal standing advisory
committee.
THE CITY COUNCIL OF THE CITY OF TEMPLE CITY HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: Amendment of Article C of Title 2, Chapter 6 of the Temple City
Municipal Code. Article C of Title 2, Chapter 6 of the Temple City Municipal Code, "Art
in Public Places Program and Public Arts Commission," is hereby amended to read in
whole as follows:
"ARTICLE C. ART IN PUBLIC PLACES PROGRAM
2-GC-0: PURPOSE
The purpose of this Article is to establish an Art in Public Places Program within the City.
2-6C-1: DEFINITIONS
- 1 -
"Advisory Committee" means the standing committee established by Section 2-6C-2 of
this article"
"Art in Public Places Program" or "Program" means the program established by Section
C6-2 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
for City Projects per Section 2-C6-4 of this article"
the City the Public Art Fund
"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"
"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 publico
2-6C-2: 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 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"
R 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"
Co Advisorv 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 Plano This committee shall be comprised of two City Council members and up
to five 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 the authority of the City Council to establish one or more ad hoc
committees if the City Council deems necessary or prudent to provide recommendations
regarding a specific aspect of the Program.
2-GC-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.
2-SC-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.
2-GC-5: DONATIONS AND OTHER CHARITABLE GIFTS
The City may receive offers of donations, gifts, bequests, grants, and art from any
government agencies or private donors. All donations, gifts, and bequests are subject to
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
Committee. The Advisory Committee 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 committee recommendation and may take such further action as it deems
appropriate prior to accepting or rejecting the offer. Donated 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 City CounciL
Donations and other charitable monies will be transferred to the Public Art Fund.
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 16 day of May 2017.
Cynthia Sternquist, Mayor
ATTEST: APPROVED AS TO FORM:
Peggy Kuo, City Clerk Eric Vail, City Attorney
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the foregoing
Ordinance No. 17-1024 was introduced at the regular meeting of the City Council of the
City of Temple City held on the 2 day of May 2017, and was duly passed, approved and
adopted by said Council at the regular meeting held on 16 day of May, 2017 by the
following vote:
AYES: Councilmember:
NOES: Councilmember:
ABSENT: Councilmember:
Peggy Kuo, City Clerk