Loading...
HomeMy Public PortalAboutOrdinance 17-1024 Modifying Art in Public Places Program and Eliminating the Public Arts Commission' ORDINANCE NO. 17-1024 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 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 No. 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 seats; 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 2-6C-0: PURPOSE The purpose of this Article is to establish an Art in Public Places Program within the City. I 2 -6C-1: DEFINITIONS -1- "Advisory Committee" means the standing committee established by Section 2-6C-2 of I this article. "Art in Public Places Program" or "Program" means the program established by Section 2- "6-2 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 by the City to the Public Art Fund for City Projects per Section 2-C6-4 of this article. "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 public. I 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. B. 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. C. Advisory 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 Plan. 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 limit 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. 2-6C-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. 2-6C-4: CITY APPROPRIATIONS iThe 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. 2-6C-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 16th day of May, 2017. i Cyn is Sternquist, May ' ATTEST: APPROVED AS TO FORM: Peggy Kuo, City Clerk Eric4y, City Atty ' 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 2ntl day of May 2017, and was duly passed, approved and adopted by said Council at the regular meeting held on 16th day of May, 2017 by the following vote: AYES: Councilmember — Chavez, Fish, Yu, Man, Sternquist NOES: Councilmember — None ABSENT: Councilmember — None ABSTAIN: Councilmember — None Peggy Kuo, Chy Clerk