Ordinance - 2229ORDINANCE NO.2229
AN ORDINANCE OF THE CITY OF WEST COVINA. AMENDING
ARTICLE III OF CHAPTER 2 OF THE WEST COVINA MUNICIPAL
CODE REGARDING ADVISORY COMMISSIONS & ARTICLE II OF
CHAPTER �17 REGARDING THE CITY'S ART IN PUBLIC PLACES
PROGRAMi
WHEREAS! Commissions are comprised of citizens of West Covina, serving in an
advisory role to the City Council; and.
WHEREAS; the rules and procedures for City Commissions are outlined in Chapter
2 - Article III of the West Covina Municipal Code; and
WHEREAS, City Staff spends considerable time and financial resources preparing
for meetings of the various City Commissions; and
WHEREAS, in an effort to save financial resources and City Staff time, the City
of West Covina desires to combine the Planning and Public Art Commissions into the
Planning Commission, and to combine the Community Services and Senior Citizen
Commissions into; the Community and Senior Services Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST
COVINA DOES (HEREBY ORDAIN AS FOLLOWS:
SECTION NO. 1: Sections of Article III of Chapter 2 of the West Covina Municipal
Code, entitled "Advisory Commissions," is hereby amended as shown in `Exhibit A".
Code, entitled "
and shall cause
2012.
a
Clerk
10. 2: Sections of Article II of Chapter 17 of the West Covina Municipal
in Public Places," is hereby amended as shown in "Exhibit "B".
0. 3: The City Clerk shall certify the adoption of this Ordinance
same to be posted or published in the manner as required by law.
: The provisions of this ordinance shall take effect on May 1,
VED AND ADOPTED on this 201h day of March, 2012.
i
Mayor Michael Touhey
1
Ordinance No. 2229 j
Page 2 1
I
I, LAURIE CARRI CO, CITY CLERK of the City of West Covina, California, do hereby
certify that the foregoing Ordinance was regularly introduced and placed upon its first
reading at a regular meeting of the City Council on the 6`11 day of March, 2012. That
thereafter said Ordinance was duly adopted and passed at a regular meeting of the City
Council on the 201hI day of March, 2012; by the following vote:
AYES:
H
NOES:
N
ABSENT:
N
ABSTAIN:
N
Sanderson, Sykes, Touhey
ity Clerk Ljirie,Carrico
APPROVED AS
•:u
Attorney Arnold Alvarez-Glasman
EXHIBIT A
Chapter 2
ADMINISTRATION
ARTICLE III. ADVISORY COMMISSIONS
Section 2-66 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 2-66. Advisor''y commissions established.
ThreeFive (3-5) commissions are hereby established by the City Council:
Commission
Number ofPositions
Community and Senior Services
Ten
Human Resources ;Commission
Five
Planning Commission
Five
Publ:n A ('...,,.,,l:nRie
Seven
Five
Section 2-67 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 2-67. Appoil tment, Vacancies, and Removal.
(a) Appointments. Members of all commissions and boards of the city shall be appointed by the
City Council land shall serve at the pleasure of the City Council. Such appointments shall be
made, by resolution, adopted by the affirmative votes of not less than three (3) members of
the City Council. Commissioners shall be at least 18 years of age, be a resident of the city at
the time of his or her appointment and throughout their term of office. in addition, �<
ia.1-i hers must be at loam fiftyic(v years old.
fe4().) Initial appointments. Initial appointments shall be made as set out in section 2-68.
f44(c) Vacancies. Any vacancy on any commission, from whatever cause arising, shall be filled
by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a
vacancy occurring, any appointment to fill such vacancy shall be for .the un-expired portion
of such term: In the event of.two or more vacancies, with various terms, the City Clerk shall
draw at random the name(s) to serve the shorter term.
fo d) Removal. Notwithstanding the provisions of Section 2-69 (a), all commissioners shall
serve at the will of the City Council and can be removed, without cause, upon an affirmative
vote of not�less than three (3) members of the City Council.
Any commissioner removed from a commission upon the affirmative vote of not less
than three (3) members of the City Council may not be appointed to any City
,
Commission, Ad -Hoc Committee, employment with the City of West Covina
(volunteer, part-time, or full-time) for a period of one year from the date of removal.
Section 2-69(c) of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 2-69. Term of
(c) Other absent commissioners. In addition, any other commissioner who is absent (whether or
not excused) from twohree (2-3) consecutive regular commission meetings or from a total of
threefeur• (34) regular commission meetings during any calendar year shall be deemed to
have vacated the position at the close of the meeting at which he or she has been absent as
set out here.
Section 2-72 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 2-72. Community and Senior services commission responsibilities.
The Community and Senior Services Commission may:
1. Aid and advise' I the City Council on matters pertaining to the community service needs of
the citizens of West Covina relating to:
a. Public recreational services.
b. Cultural activities and special events.
c. Seiubr Services
c—.d.Youth services.
die. Public transportation.
e:f. Neighborhood and human relations.
fl2. Human rights. .
2. Review matters pertaining to the preparation, implementation, and evaluation of the city's
community) development block program.
1
3. Seek the assistance of citizen committees to investigate and research specific issues
concerned with community services with the concurrence of the City Council.
46. Provide input to. the planning commission and the City Council on matters pertaining to the
design and features of parks, an&community centers, and senior center that affect the
provision of recreation and'related services.
&7. Recommend programs and activities directed toward enhancing the recreation, social. and
senior service opportunities available to all persons in our community.
to the City Council programs and activities directed toward enhancing
lion and relationships between residents, agencies, institutions, and businesses
in our co i unity.
-7-.9. Recommend to the City Council measures to ameliorate physical, social and economic
conditions adversely affecting the residents of out community.
8:1 O.Seek involvement ement of residents, agencies, organizations, institutions, and the business
community to further mutual regard and understanding between all persons of our city,
and work toward constructive resolution of tensions whenever they occur.
i
;commend to the City Council delinquency prevention programs that foster respect,
positive self-esteem, and personal and social responsibility.
Section 2-74 of the W
See.2-74. Planning
Covina Municipal Code is hereby amended to read as follows:
responsibilities.
The planning commission shall:
1. Prepare, adopt 'and recommend to the council a comprehensive long-term plan for the
physical development of the city, which shall be known as the City of West Covina
General Plan.,
2. Prepare, adopt and recommend to the council plans based on the general plan and drafts of
such regulations, programs and legislation as may, in its judgment, be required for the
systematic ex ecution of the general plan:
3. Act on the advisory agency of the council in connection. with the administration of the State
Map Act. f
I
4. Hear and decide applications for variances, unclassified use permits, tentative tract and
parcel maps; as well as precise plans of design in accordance with adopted- rules and
_procedures.
5. Investigate, hear and recommend to the City Council plans for the improvement and
beautification of the city, including such matters supplementary or [relating to] change of
zoning regulation and district.
6. Aid and advise the City Council on matters pertainingto o the promotion and advancement of
the visual a'nd performing arts within the community, and carry out the responsibilities
necessary for the administration implementation and proration of the city's art in public
places program as outlined in Chanter 17 of this Code.
6.7. Perform all other duties as may be imposed by law or the City Council.
Section 2-76 of the West Covina Municipal Code is.hereby renrovecl
I
See. 2 76 Senior,minismsfew.
Thee,,.. ni-s-sie I u±ea My.-
ee4hase-need
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seniees. i
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$:2. Review matters (pertaining to the preparation; implementation, and evaluation of the city's
community development block grant program.
Section 2-77 of the WIst Covina Municipal Code is hereby removed _
i
I
Eldligiflisl�T-al-ion of the art in.ptiblie ee., aq set fefth h. w..: ,ie ii of ehapter-
t
i
EXHIBIT B
Chapter 17
PLANNING
ARTICLE II. ART IN PUBLIC PLACES
DIVISION 1. GENERALLY
Section 17-32 of the West Covina Municipal Code is hereby amended to read asfollows:
See. 17-32. Definitions.
The followi Ig words, terms, and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant. iThe owner of the property or the tenant utilizing the property and seeking
required permits.
Artwork. Original works of art, including, but not limited to, the following categories:
sculpture, mural on portable painting, mosaic, fountains, earthwork, firework, neon glass mosaic,
photograph, print, calligraphy, or other forms of physical hard media. These categories may be
realized through such mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and
stone, as well as other suitable materials.
City manager. The City Manager of the City of West Covina or his/her designee.
Eligible fund. A source fund for construction projects construction cost) from which art is
not precluded as an object of expenditure. Construction cost excludes costs of real property
acquisition, demolition, equipment, normal major maintenance, financing, advertising and legal
fees, and costs paid from contingency reserve funds, capital reserve or interest earnings on city bond
proceeds.
Performing arts. Performances presented by professional or amateur performers, including
theater performarice (any form of dramatic presentation, spoken or silent); musical theater/opera
(any dramatic performances of which music is an integral part; dance (any form of rhythmical
movement); music/concert (any musical form whether classical or popular); and children's theater
(any theater for young audiences, for or by children).
Planning commission. The Planning Commission of the City of West Covina.
Planning director. The planning director of the City of West Covina or his/her designee.
Project cost. The total value of the improvements for a project, excluding land value, as
determined by the Public works Director, and indicated on the building permit(s) that are issued for
that project.
Public place. Any exterior area on public or private property'whieh is easily accessible and
clearly visible to the general public, such as a street or other public thoroughfare, sidewalk, parks,
and plazas.
Public works director. The Public Works Director of the City'of West Covina or his/her
designee.
DIVISION 3,
REQUIREMENTS FOR ART IN PUBLIC PLACES PROGRAM
Section 17-51 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 17-51. Req
When a project is subject to the requirements of this subchapter, the applicant shall
comply with the provisions of wither subparagraph (a) or (b) of this section or a combination of
both.
(a) Artwork contribution.
(1) The project applicant shall acquire and install artwork in a public place on
or in the vicinity of the project site as approved by the plannin pu commission pursuant
to this Article.
(2) The cost or value of such artwork shall approximate the amount of the in -
lieu contribution that would be made under division (b) of this section.
(3) I A project applicant may acquire and install artwork in a public place not
on the applicant's property (the "substitute site") subject to approval by the planning pubh6- arts
commission.
(b) In -lieu contribution.
(1) In -lieu of providing artwork in compliance with subsection (a) above, for
residential projects, the project applicant may elect to pay an in -lieu fee
equal to one-half (1/2) percent of the total project costs,,. excluding land,
and for nonresidential projects, the project applicant may elect to pay an
in -lieu fee equal to one (1) percent of the total project costs, excluding
land.
(2) I Payment of in -lieu fees shall be made by the applicant prior to issuance of
f a building permit, unless otherwise provided by the city council.
DIVISION 4. ADMINISTRATION AND PROCESSING
Section 17-62 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 17-62. Art
(a) A,
which decide to
fees as set forth
application form
the applicant prc
shall be by on-si
combination thei
(b)
shall be respo
applications. 7.
appealed to the
pursuant to pro
public places application.
,lication. For projects which are subject to the requirements of this article and
of fulfill the requirements of this subchapter through the payment of in -lieu
subsection 17-51(b), the project applicant shall submit an art in public places
the planning department. The application shall set forth the manner in which
)ses to fulfill the requirements of this article, including whether the fulfillment
artwork contribution, off -site artwork contribution, in -lieu contribution, or any
annin "•Y �,b1ic-aFK- commission review. The planning p<:b4e-commission
;ible for reviewing and rendering decisions regarding art in public places
e determination of the planning commission shall be final unless I
ity council within ten (10) days of the lannin- commission decision
dures set forth in section 26-212.
DIVISION 5. ART IN PUBLIC PLACES FUND
Section 17-74 of the West Covina Municipal Code is hereby amended to read as follows:
See.17-74. Budget
The art in pu
included as part of
shall be prepared ea
work program shou]
and the selection
plan tungpe--efts
recommendation for
Section 17-84 of the
See. 17-84. Artist
work program.
lic places program shall. have an annual administrative budget that shall be
e city's budget. In conjunction with the annual budget, a work program
i year which shall set forth a plan for use and expenditure of funds. The
specify locations for proposed artworks, approximate value of artworks,
•ocess to be used for commissioning or purchasing artworks. The
commission shall review the annual work program and render a
nal approval by the city council.
DIVISION 6. STANDARDS FOR ARTWORKS
est Covina Municipal Code is hereby amended to read as follows:
Artwork must be designed by artists with experience and knowledge of monumental -
scale public art. The artist's qualifications shall be reviewed ' by the publie
commission. Qualifications must include examples of past works that can be documented.
Section 17785 of
Section 17-85.
In addition
shall, also be respo
out appropriate sta
be adopted by reso
to time as necessar
West Covina Municipal Code is hereby amended to read as follows:
in public places guidelines.
the standards set out in this article, the lannin publk—ai4s commission
ble for promulgating and adopting a set of guidelines that shall fiirther set
Firds for artwork, artists, and other related matters. These guidelines shall
ion of the planningpubliEarts commission and may be amended from time