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HomeMy Public PortalAbout12) 10A Arts in Public Places Program and Public Arts CommissionCity Council May 2, 2017 Page 2 of 3 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 Page 3 of 3 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