HomeMy WebLinkAbout14. Discontinue Art in Public Places Committee
AGENDA MEMO
DATE:
June 13, 2011
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
By: Thad Phillips, Community Services Director
SUBJECT:ORDINANCE DISCONTINUING THE ART IN PUBLIC PLACES
ADVISORY COMMITTEE
RECOMMENDATION
That the City Council adopt:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY, AMENDING
THE DOWNEY MUNICIPAL CODE, ARTICLE VIII, CHAPTER 10 REGULATING ART
IN PUBLIC PLACES.
DISCUSSION
At the May 24, 2011 meeting, the City Council introduced an ordinance to amend
section 8970 of the Downey Municipal Code (DMC) based upon recommendations from
staff and pertinent information presented at the meeting. The proposed amendment
would discontinue the Art in Public Places Advisory Committee.
In 2005, The City Council amended the Downey Municipal Code, Article VIII, Building
Regulations, by adding a new Chapter 10 Entitled “Art in Public Places”. The goal of
Downey’s Art in Public Places Program is to provide a collection of nationally
recognized, permanent artwork. Section 8970 of Chapter 10 created an Art in Public
Places Advisory Committee appointed by the City Council. The Committee consists of
five (5) members appointed by the City Council from each of the five (5) Council
Districts.
It was staff’s recommendation that because art is subjective, and often based on
statements or expressions of personal opinion or feeling, a public art project would
benefit from a review and approval from the City Council directly.
FISCAL IMPACT
None
CITY OF DOWNEY, CALIFORNIA
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE DOWNEY MUNICIPAL CODE, ARTICLE VIII, CHAPTER 10 REGULATING ART
IN PUBLIC PLACES
WHEREAS,
art is subjective, and often based on statements or expressions of personal
opinion or feeling, a public art project might benefit from a review and approval from the City
Council directly;
WHEREAS,
the City Council wants to consider discontinuing the Art in Public Places
Committee;
WHEREAS,
the Art in Public Places art Ordinance must be amended to delete Section
8970 of Chapter 10 of Article VIII of the Downey Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1
. Section 8965 subsection (a) of Chapter 10 of Article VIII of the Downey
Municipal Code is amended to read as follows:
(a) Any person constructing or reconstructing a commercial building with a
building valuation of five hundred thousand dollars ($500,000.00) or greater, or a
residential project consisting of more than four (4) units with a building valuation of five
hundred thousand dollars ($500,000.00) or greater, within the City shall be assessed a fee
for acquisition of artwork based on the total building valuation. Where the installation of art
is impractical or inaccessible, the developer will contribute the assessed fees to the Art in
Public Places Fund. Art purchased from the fund will be installed within the City at the
discretion of the CityCouncil. based on the recommendation of the Art in Public Places
Advisory Committee.
SECTION 2
. Section 8970 of Chapter 10 of Article VIII of the Downey Municipal Code
shall be deleted in its entirety and the proceeding sections re-numbered accordingly.
SECTION 3
. Paragraph 1 of Section 8975 of Chapter 10 of Article VIII of the Downey
Municipal Code is amended to read as follows:
Prior to issuance of any certificate of occupancy for a commercial structure, the artist
and art projectshall be approved and the artwork installed after it the Art in Public Places
Advisory Committee recommendation is approved by the City Council; or the appropriate fees
have been collected by the City Building and Safety Division. A list of professional artists will be
provided to the developer to assist the decision making process and to insure the professional
quality of the artwork. The art must be displayed at the building, in a place highly visible to the
public. This location must will be reviewed by the Art in Public Places Advisory Committee and
approved by the City Council before the art is permanently placed.
SECTION 4.
If any section, subsection, paragraph, sentence, clause or phrase of this
Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The
City Council declares that it would have adopted this Chapter, and each section, subsection,
ORDINANCE NO.
PAGE TWO
sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more
sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 5
. The City Clerk shall certify to the adoption of this Ordinance and cause
the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED
this day of , 2011
___________________________________
LUIS H. MARQUEZ, Mayor
ATTEST:
_______________________________
JOYCE DOYLE, Interim City Clerk
ORDINANCE NO.
PAGE THREE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF DOWNEY )
I HEREBY CERTIFY
that the foregoing Ordinance No. was introduced at a regular
meeting of the City Council of the City of Downey held on the day of , 2011, and
adopted at a regular meeting of the City Council of the City of Downey held on the day of
, 2011, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
I FURTHER CERTIFY
that a Summary of the foregoing Ordinance No. , was
published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on
_______, 2011 (after introduction), and on ________, 2011 (after adoption, including the vote
thereon). It was also posted in the regular posting places in the City of Downey on the same
dates.
___________________________________
JOYCE DOYLE, Interim City Clerk