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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