HomeMy Public PortalAbout04) 7B Ordinance 17-1024 Eliminating Public Arts CommissionAGENDA
ITEM 7. B.
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE: May 16 , 2017
TO: The Honorable City Council
FROM: Bryan Cook , City Manager
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 17-1024
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
RECOMMENDATION:
The City Council is requested to waive further reading and adopt Ordinance No . 17 -
1024 (Attachment "A") amending Article C of Chapter 6 of Title 2 of the Temp le City
Municipal Code , "Art in Public Places Program .
BACKGROUND:
On May 2 , 2017 , the City Council introduced Ordinance No . 17-1024 for first reading , by
title only, amending Article C of Chapte r 6 of Title 2 of the Temple City Municipal Code ,
"Art in Publ ic Places Program .
ANALYSIS:
As introduced by the City Council , Ordinance No. 17-1024 amending Article C of
Chapter 6 of Title 2 of the Temple City Municipal Code , "Art in Public Places Program ,
for reasons discussed in the May 2 , 2017 , City Council staff report (Attachment "B").
CITY STRATEGIC GOALS:
The proposed modification to the Art in Public Places Program will promote t he City's
Strategic Goal of Good Governance.
City Council
May 16, 2017
Page 2 of 2
FISCAL IMPACT:
T here is no fiscal im pact arising from t he proposed mod ification to the Art in Public Places
P rogram .
ATTACHMENTS:
A. Ordinance No . 17-1024 .
B. May 2 , 2017 City Council Staff Report
ATTACHMENT A
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 T HE TEMPLE CITY MUNICIPAL CODE ,
MODIFYING THE ART IN PUBLIC PLACES PROGRAM
AND ELIMINATING THE PUBLIC ARTS COMMISSION
WHEREAS, on Aug ust 2 1, 2012 , the City Council adopted Ordinan ce No . 12-960
establ ish ing an Art in Public Places Program and a Publ ic Arts Commission ; and ,
WHEREAS , in the years subsequent to the adoption of Ordinance No . 12 -960 , the
City Coun ci l has considered the operations of the Public Arts Commission and twice
adopted ordinances to mod ify the s ize of the Commis si on to allow for improved ope ration
of the Commission , and ,
WHEREAS , the most recent recruitment for new members of the Public Arts
Commiss ion resulted in fewer applications than open seats ; and
WHEREAS , subsequent to that recruitment , the City Council establis hed a Public
Arts Commission Ad Hoc Committee to discuss the structure of the Commiss ion and the
Art in Publi c Places Program ; and
WHEREAS, the City Council rece ived a report from the Ad Hoc Co mm ittee and
determined that the Art in Public Places Program could be overseen directly by the City
Council and City Staff, w ith regular public input from a less -formal stand ing advisory
comm ittee .
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 T itle 2 , Chapter 6 of the Temple City Municipa l Code , "Art
in Public Places Program and Public Arts Comm ission ," is hereby amended to read in
whole as follows:
"ARTICLE C. ART IN PUBLIC PLACES PROGRAM
2-GC-0: PURPOSE
The purpose of this Art icle is to establish an Art in Public Places Program wi t hin th e City .
2-GC-1: DEFINITIONS
- 1 -
this article .
"Art in Public Places Program " or "Program " means the program established by Section 2-
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 by the City to the Publ ic 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 C ity for
installation in a Public Space .
"Public Art Fund " means those funds maintained by the City adm inistrative services
director to support the Art in Public Places Program .
"Public Art Project" means the procurement or commissioning , site se lection 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 .
2-GC-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 i n 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 . Th e 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 maintain ing Public
Art shall be deposited by the City in the Public Art Fund .
C . Advisory Committee Established . The City Council he reby establishes a standing
Advisory Committee of Council members and comm unity 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 C ity or
otherwise connected to Public Art in the City but may not be employed by the City.
Selection of comm unity 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 Adv isory Committee if it determines that the commun ity member's
expertise or advice is no longer needed for the Prog ram . Nothing in this section shall be
interpreted to limit the authority of the Ci ty 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 Prog ra m .
2-GC-3 : ANNUAL ART IN PUBLIC PLACES PROGRAM PLAN
It is the intent of the City Council to develop and adopt an a nnu a l Art in Pu bl ic Places
Program Plan that ide ntifies specific program goals for the year, means of achievement ,
proposed expend itures , sources of supplemental revenue , schedule of execution,
necessary resources and responsibi lities , 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-GC-4 : CITY APPROPRIATIONS
T he City Council may appropriate Ci ty funds to the Public Art Fund from time to time as
the Council determines is in th e public in te rest. The City Cou ncil may accept
recommendations regarding appropriations or may make appropriations of its own
volition .
2-GC -5: DONATIONS AND OTHER CHARITABLE GIFTS
The City may rece ive 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 di scuss 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 ab i lity to
inco rporate the offer into the Program , and shall make a recommendation to the City
Council regarding acceptance or rejection of th e offer and , where the offer is of physical
Public Art , a Public Space for placeme nt 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 fu nds will be accounted for
individually and may be administered by the City admin istrative services director or
designee , consisten t with the donor's restrictions and direction from the City Council.
Donations and other c haritable monies will be transferred to the Public Art Fund .
SECTION 2: Severability. The City Council hereby declares that , shou ld 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
legis lat ion , 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 provisio ns , 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 th is 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
ATIEST: APPROVED AS TO FORM :
Peggy Kuo , City Clerk Eric Vail , City Attorney
I, Peggy Kuo , City Clerk of the City of Temple C ity, hereby certify that the foregoing
Ordinance No. 17-1 024 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 : Cou nc il member:
NOES : Councilmember:
ABSENT: Councilmember:
Peggy Kuo , City Clerk
ATTACHMENT B
MANAGEMENT SERVICES DEPARTMENT
MEMORANDUM
DATE : May 2, 2017
TO: The Honorable City Council
FROM: Bryan Cook, C1ty Ma n ager
By: Greg Murphy, City Attorney
SUBJECT: ADOPTION OF ORDINANCE 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
RECOMMENDATION:
The City Counci l is requested to introduce, read by title only, and waive further reading
of proposed Ordinance No . 17-1024 amending Article C of Chapter 6 of Title 2 of the
Temple C ity Municipal Code, "Art in Public Places Program " and schedule the second
reading and adoption for May 16, 2017.
BACKGROUND:
On August 21, 2012, the City Council adopted Ordinance No. 12-960 establishing an Art in
Public Places Program (Program) and a Publi c Arts Commission. Subsequent to the
adoption of the Program and Commission , the City Council has twice adopted ordinances
to modify the size of the Commission to allow for improved operation of the Commission.
Unfortunate ly, the most recent recruitment for new members of the Commission resulted
in fewer applications than ope n seats. Given the current and foreseen scope of the
Program and lack of funding sources, the City Council formed an ad hoc committee to
work with City staff and the City Atto rney's office to create a new structure for oversight of
t he Program .
ANALYSIS:
The proposed ordinance would maintain the successful Program established by
Ordinance No. 12-960 while providing flexibility for the City Council in setti ng up an
advisory body to review and make recommendations on Program matters. The new
City Council
May 2, 2017
Page 2 of 3
advisory committee would be comprised of two City Council members and up to fi ve
additiona l members of the community who have expertise in or int erest in pub lic art. This
means that at t imes when there is not much Program work goin g on , the City Counc il
could limit the committee to a s imple two-member advisory body of City Counc il Members
or those two membe rs 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 comm unity
members to aid in reviewing and c rafting recomm endations regarding the Program .
Under the p roposed ordinance , community members appoin ted to t he advisory co mm ittee
wou ld 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 t he concept of public art in the City .
This means, for example, that an artist who was born in Temple City but now res ides
elsewhere cou ld be named to the committee to assist the Council with t he Progra m. In
order to be consistent with a limitation on City Comm issions in the recent ly-adopted
Measure AA, no City employee may be appointed to the adv isory comm ittee.
Se lect ion of communi ty members would not be subject to any formal process, so the City
Counci l would have t he ability to select and appoint members for a fixed period of time or
f or an open-ended period of time. This means that committee members m ight 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 f lexibility should aid the Council in find ing
wi ll ing commun ity members to serve on the committee .
T he C ity Council also would be given th e discretion to remove a community member from
th e proposed advisory co mmittee if the Counc il determines tha t the individual 's expert ise
o r advice is no longer necessary . T hi s provides another layer of flexib i lity for the Council in
e nsu ring the smooth functioning of t he advisory committee . Finally, nothing in the
p roposed ordinance would limit the autho rity of the City Council to establish one or mo re
add itional ad hoc committees if t he Counci l be lieved they would aid in making
recommenda t ions regarding a specific aspect of the Program . For example, th e Council
may fi nd that a specific proposed wo rk of art would benefit from in-dept h study by persons
w it h expertise re lat ed to t he type of art, whi le wan t in g to maintain a greater breadth of
expertise on the advisory committee. In such a circumstance , an add itional ad hoc
committee could be created to meet the Council 's needs.
Based on the C ity's experience wi t h t he Program and the Counci l ad hoc committee 's
direction , it is be lieved that the attach ed ordinance wou ld provide a framework that best
serves the City 's n eeds at this t ime.
CITY STRATEGIC GOALS :
T he proposed mod ification to the Art in Pub lic Places Program wi ll promote th e C ity 's
City Council
May 2, 2017
Page 3 of 3
Strategic Goal of Good Governance .
FISCAL IMPACT :
Th ere is no fisca l impact arising from th e proposed mod ifi ca ti on to the Art in Pub li c Places
Program .
ATTACHMENTS:
A . Ordinance No. 17-1024 .
ATTACHMENT A
ORDINANCE NO . 17-1024
AN ORDINANCE OF TH E CITY COU NCIL OF THE CITY
OF TEMPLE CITY , A MENDIN G ARTICLE C OF CHAPTER
6 OF TITL E 2 OF THE TEMPLE CITY MUNI CIPAL CODE ,
MODIFYING T HE AR T IN PUBLIC PLACES PROGRAM
A ND ELIMINATING T HE PUBLIC ARTS CO MMI SS IO N
WHEREAS, on August 21, 2012, the Ci ty Counc il adopted Ord in ance No. 12-960
est ablishi ng an Art in Public Places Program and a Public Arts Commission; and ,
WHEREAS , in the years subsequ ent to the adopt ion of Ordinance No . 12-960, the
City Council has cons id ered the ope ration s of the Public Arts Commission and twice
adopted ordina nces to modify the size of t he Commissio n to allow for improved operation
of the Commission, and,
WHEREAS , the most re ce nt recru itm en t for new members of th e Public Arts
Commission resulted in f ewer applications than open seats; a nd
WHEREAS , subsequent to t hat rec rui tmen t , the City Coun cil estab lished a Public
Arts Commission Ad Hoc Comm ittee to discuss the stru ct ure of the Comm iss ion and t he
Art in Public Pla ces Pro g ram ; and
WHEREAS, th e City Counci l rece ived a report from the Ad Hoc Committee and
determined that th e Art in Public Places Program co ul d be overseen d irectly by the City
Council and City Staff, with regular public input from a less-formal standing adv isory
committee.
THE CITY COUNCIL OF THE CITY O F TEMP LE CITY HE REBY 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 t he Temp le City Muni cip al Code , "Art
in Public Pl aces Program and Public Arts Comm ission ," is hereby amended to read in
whol e as follows:
"ARTICLE C. ART IN PUBLIC PLACES PROGRAM
2-GC-0: PURPOSE
Th e purpose of this Articl e is to estab li sh an Art in Public Places Program within the City .
2-GC -1: DEFINITIONS
-1 -
"Advisory Committee" means the standing committee established by Section 2-6C -2 of
this articl e.
"Art in Public Places Program " or "Program" means the program established by Secti o n 2-
C6-2 of this artic le.
"Art in Public Places Program Plan " or "Program Plan " means th e ann ual report approved
by City Council pertain ing to how the Art in Pub lic Places Program is to be implemented .
"City Appropriation" means the approp ri ation of funds by the C ity to t he Pub li c Art Fund
for City Proj ects per Section 2-C6-4 of th is articl e.
"P ub lic Art" means art of a perma nent nature procured or commissioned by the City for
insta ll ation in a Public Space.
"Pu b li c Art Fund " means those funds maintained by t he Cit y administrat ive services
director to sup port the Art in Public Places Program .
"Public Art Proj ect" means the procurem ent or co mmi ssioning , site select ion and
installa tion of Public Art by t he City.
"Publ ic Space" means any property t hat is owned , contro ll ed , or dedicated to the Ci ty that
is generally access ible to the publ ic .
2-GC -2: ART IN PUBLIC PLACES PROGRAM AND PUBLIC ART FUND
ESTABLISHED
A. Program Establish ed . The City Cou ncil hereby establishes an A rt in Pub li c Places
Progra m f o r the procurem en t, co mmissioning and installat ion of Pub li c Art in Publ ic
Spaces. Th e City Coun ci l shall rev iew and approve Pub li c Art Projects and shall oversee
t he Program , including but not limited t o review and approva l of the annual Program Plan
and t he selection of appropria t e Public Spaces for the placement of Public Art .
B. Pub li c Art Fund Established . The City Council he reby establ ishes a Public Art
Fund . T he Public A rt Fund shall be maintained by t he City's adm inistrat ive services
director and w il l support Public Art Proj ects . Fu nds received by the City from whateve r
source, i nclu din g City App ropr iations, th at ha ve been restricted or otherwise identified for
expenditure fo r the purpose of procuri ng , comm iss ion ing , installing and maintain ing Pub li c
Art shall be deposited by the City in the Public Art Fund.
C. Advisory Committee Establis hed . The City Cou nc il hereby es tablishes a stand ing
Advisory Comm ittee of Council members and co mmunity members to ad v ise the City
Coun cil on matte rs rela ted to th e Art in Pu blic Pl aces Program, incl ud ing the annua l
Progra m Plan . This committee shall be comp rised of two City Council members and up
to five additional members of the com mun ity who have expertise in or interest in Public
Art. Commu n ity members need not res ide in the City but may be emp loyed in the City or
otherwise connected to Public Art in the City but may not be employed by the City .
Selection of comm un ity members is not subject to any formal process and the City
Council in its discreti on may select and appoint members for a fixed period of time or for
an open-ended period of t ime connected to the review and recommendat ion of a
particular Pub lic Art Project. The City Council has the discretio n to remove a comm unity
member from the Advisory Committee if it determines that the commun ity member's
expertise or adv ice is no longer neede d for the Program. Nothing in th is sect ion shall be
inte rpreted to limit the authority of the C ity Council to estab lish one or more ad hoc
committees if the City Council deems necessary or prudent to provide recommendat ions
regarding a specific aspect of the Program .
2 -GC -3 : ANNUAL ART IN P UBLIC PLAC E S PROGRAM PLAN
It is the intent of the City Council to develop and adopt an annua l Art in Public Places
Program Plan t hat iden ti fies specific program goals for the year , means of ach iev ement,
proposed expenditures, sources of supplementa l revenue, schedule of execution ,
necessary resources and responsibi li ties, and an imp leme ntatio n plan. The Advisory
Co m mittee shall meet to rev iew and make recommendations regard ing the annual
Program Plan. The Ci ty Council sha ll have f ina l review and approval authority over the
Pro gram P lan.
2 -GC -4: CITY APPROPRIATIONS
The City Council may appropriate City funds to the Public Art Fund from time to t ime as
the Council determ ines is in the public interest. The City Counci l may accept
recommendations regarding approp ria t ions or may ma ke appropriations of its own
voli ti on.
2-GC-5 : DONATIONS AND OTHER CHARITABLE GIFTS
The City may recei ve offers of do na tions , g ifts , be que sts , grants, and art from any
government agencies or private donors . A ll donations, gifts , and bequests are subject to
ap proval by t he City Council. Pote ntial donors w ill be referred to the city manager or his
or her designee to d iscuss the nature of the gift and the review process. After a
preli min ary review is conducted , t he city manager shall re fer the matte r to t he Advisory
C ommittee. T he Advisory Committee shall a nalyze t he offer and the City's ability to
incorpo rate the offer in to the Program, and shall make a recommenda t ion to the City
Co un c il regard in g acceptance or rejecti on of the offer an d, where the offer is of physical
Publ ic Art , a Pub li c S pace f or pla ce men t of t he dona ti on. T he City Cou ncil shall review
th e adv isory com mittee reco mme nd ation an d may take su ch f urther act ion as it deems
app ropri ate prio r t o ac cepting or re jectin g the offer. Do na ted funds w ill be accounted for
ind ivi d ually and may be adm in iste red by the City administrative services director or
des ig nee , cons iste nt with the donor's restrictions and direction from the City Council.
Donations and ot her 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 th is
Ordinance or any part thereof, be rendered or declared invalid or unconstitutional by any
final court action in a court of co mpetent jurisdiction or by reason of any preemptive
legislation , such decision or action shall not affect the valid ity of the rema ining section or
portions of t he Ordinance or part thereof. The City Council hereby declares that it would
have independently adopted the rema ini ng provisions, section s , subsectio ns , paragraphs,
sentences, clauses , ph rases, or wo rd s of this Ordinance irrespective of the fact that any
one or more provisions , sections , s ub sections , paragraphs, sentences, clauses , phrases ,
or words may be declared inva lid or u nconst itutio na l.
SECTION 3: Effective Date . The City Clerk sha ll certif y to the passage and
adoption of thi s Ord inance and to its approva l by t he Mayor and shall cause the same to
be publish ed according to law.
PASSED, APPROVED , AND ADOPTED this 16 day of May 2017.
Cynthia Sternquist, Mayor
ATTEST: APPROVED AS TO FO RM :
Peggy Kuo , City C lerk Eric Vai l, City Attorn ey
I, Peggy Kuo, City Clerk of the City of Temple City, hereby certify that the forego ing
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 regu lar meeting held on 16 day of May, 2017 by the
following vote:
AYES : Councilmember:
NOES : Councilmember:
ABSENT: Councilmember:
Peggy Kuo, City Clerk