Ordinance - 2174ORDINANCE NO. 2174
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, AMENDING CHAPTER 2 (ADMINISTRATION)
AND CHAPTER 17 (PLANNING) OF THE WEST COVINA MUNICIPAL
CODE RELATED TO THE ESTABLISHMENT OF A PUBLIC ARTS
COMMISSION
WHEREAS, on August 17, 2004, the City Council adopted Ordinance No. 2117,
establishing an Art In Public Places Program for the City of West Covina; and
WHEREAS, February 8, 2008, the City Council voted to proceed with the formation of a
new Public Arts Commission to oversee the City's Art in Public Places Program; and
WHEREAS, studies and investigations made by this Council and in its behalf reveal the
following facts:
1. Ordinance No. 2117 originally assigned the responsibility of overseeing the Art In Public
Places Program to the West Covina Planning Commission.
2. Investigation has determined that the majority of cities with a public art program assign
the responsibility of overseeing such a program a to board or commission with a
particular focus in this area.
3. The City Council now desires to establish a new Public Arts Commission to provide a
more specialized focus and particular attention to the administration, implementation, and
Promotion of the City's Art In Public Places Program.
4. The Public Arts Commission may also serve in an advisory capacity to advise the City
Council on other matters pertaining to the promotion and advancement of the visual and
performing arts within the City of West Covina.
5. The proposed action is considered to be exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA
Guidelines, in that the proposed action consists of a code amendment which does not
have the potential for causing a significant effect on the environment.
NOW THEREFORE, the City Council of the City of West Covina does hereby ordain as
follows:
SECTION NO. 1: The City Council of the City of West Covina hereby amends Chapter
2 (Administration) and Chapter 17 (Planning) of the. West Covina Municipal Code to read as
shown on Exhibit "A."
SECTION NO. 2: The City Clerk shall certify to the passage of this Ordinance and the
ordinance shall be published as required by law.
Ordinance No. 2174
Page 2
APPROVED AND ADOPTED on this 151h day of April, 2008.
Mayor Sherri Lane
I, LAURIE CARRICO, 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 1 s` day of April 2008. That thereafter said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 151h day of April
2008, by the following vote:
AYES: Herfert, Hernandez, Sanderson, Touhey, Lane
NOES: None
ABSENT: None
ABSTAIN: None
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorn y Arno A varez-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. Advisory commissions established.
Six 6 Five (5) commissions are hereby established by the city council:
Commission
Number of
Positions
Community Services
Ten
Human Resources Commission
Five
Planning Commission
Five
Public Arts Commission
Seven
Senior Commission
Five*
Waste Management and Environmental Quality Commission
Five
*Plus two appointed under § 2-67(g).
Section 2-67 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 2-67. Power to appoint.
(a) Appointments. Each city councilmember has the power to appoint one (1)
commissioner each to the planning, human resources, waste management, and senior, and public
arts commissions, and two (2) commissioners to the community services commission. Every
commissioner shall be a resident of the city. In addition, senior commission members must be at
least fifty (50) years old.
b) Additional public arts commission appointments. In addition to the appointments
provided for under subsection (a), two (2) additional appointments (for an overall total of
seven (7)) shall be made to the public arts commission. These two additional appointments
shall be filled by the sitting chair and vice -chair of the planning commission. If, however,
at the time of assuming office at the first regular meeting in May, the chair and/or vice -
chair of the planning commission state, either orally or in writing, that they do not wish to
assume appointment to the public arts commission, the planning commission shall
nominate and elect an alternate commissioner(s) to assume the aimointment(s) for that
forthcoming year.
(c) (b) Initial appointments. Initial appointments after the effective date hereof shall be
made as set out in section 2-68.
(d) (e) Vacancies. Thereafter, each councilmember shall have appointment power to fill
vacancies as set out in section 2-70.
(e) (d) Time to appoint. Upon assuming office for each term a newly elected or
reelected councilmember shall have the power to appoint as set out in subsection (a) of this
section.
1u (e) Letter of appointment. Each councilmember shall exercise his/her appointment
power by filing a statement or letter with the city clerk indicating the name of the commission,
position to be filled (if known) and the person appointed. The appointment is effective as of the
date of filing with the city clerk. The city clerk shall announce the appointment at the
commencement of the next regular city council meeting.
W fi Removal. A commissioner may be removed in the same manner as he/she is
appointed.
(h) (g) Senior commission. Senior commission members by majority vote may add two
(2) full -voting members to that commission, each such member to serve at their pleasure for one
(1) year from the date of his/her appointment. There is no age limit on such appointments.
Section 2-71 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 2-71. Meetings and organization.
(a) Meetings. Each commission shall meet at least once per month on a day and at a time
determined by the commission and approved by resolution of the city council. A majority of the
members of the commission shall constitute a quorum for the transaction of business. All
meetings, including special meetings, shall be held in the manner provided for in the Ralph M.
Brown Act, Section 54590 of the California Government Code, as it may be amended from time
to time.
(b) Annual election of officers. At its first regular meeting in May and annually
thereafter (and as needed to fill a vacancy) each commission (with the exception of the public
arts commission) shall elect a chair and vice -chair from among its members, of whom shall
serve one-year terms. The public arts commission shall perform this function at its first
regular meeting in June and annually thereafter. The commission may also elect a secretary
for the commission, and the person elected secretary does not need to be a member of the
commission. Commission shall have the power to adopt rules for the transaction of business and
shall keep a record of resolutions, findings and determinations.
A new Section 2-77 of the West Covina Municipal Code is hereby added to read as follows:
Sec. 2-77. Public arts commission.
(a) Oualifications. To the extent practicable, appointees to the public arts
commission should possess a background, training, education, and/or other professional
experience in the arts. Failure to possess any such qualifications, however, shall not
exclude a person from appointment. These qualifications shall not apply to members of the
public arts commission appointed as planning commission representatives.
(b) Responsibilities. The public arts commission shall:
(1) Carry out the responsibilities specifically assigned to the commission for the
administration of the art in public places program as set forth in article 11 of chapter 17 of
this code.
(2) In an advisory capacity to the city council, carry out other responsibilities
reasonably necessary for the administration, implementation, and promotion of the city's
art in public places program.
(3) Aid and advise the city council, as directed, on other matters pertaining to
the promotion and advancement of the visual and performing arts within the city of West
Covina.
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Chapter 17
PLANNING
ARTICLE 11. ART IN PUBLIC PLACES
DIVISION 1. GENERALLY
Section 17-32 of the West Covina Municipal Code is hereby amended to read as.follows:
See. 17-32. Definitions.
The following 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. The 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 or 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 performance (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 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 pennit(s) that are issued for
that project.
Public arts commission. The Public Arts Conmdssion of the City of West Covina.
Public place. Any exterior area on public or private property which 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:
See.17-51. Requirements.
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 planning public arts 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) 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 public 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) Payment of in -lieu fees shall be made by the applicant prior to issuance of
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 in public places application.
(a) Application. For projects which are subject to the requirements of this article and
which decide to not fulfill the requirements of this subchapter through the payment of in -lieu
fees as set forth in subsection 17-51(b), the project applicant shall submit an art in public places
application form to the planning department. The application shall set forth the manner in which
the applicant proposes to fulfill the requirements of this article, including whether the fulfillment
shall be by on -site artwork contribution, off -site artwork contribution, in -lieu contribution, or any
combination thereof.
(b) Planning Public arts commission review. The planning public arts commission
shall be responsible for reviewing and rendering decisions regarding art in public places
applications. The determination of the planning public arts commission shall be final unless
appealed to the city council within ten (10) days of the planning public arts commission
decision pursuant to procedures set forth in section 26-212.
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DIVISION 5. ART IN PUBLIC PLACES FUND
Section 17-74 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 17-74. Budget and work program.
The art in public places program shall have an annual administrative budget that shall be
included as part of the city's budget. In conjunction with the annual budget, a work program
shall be prepared each year which shall set forth a plan for use and expenditure of funds. The
work program should specify locations for proposed artworks, approximate value of artworks,
and the selection process to be used for commissioning or purchasing artworks. The plarming
public arts commission shall review the annual work program and render a recommendation for
final approval by the city council.
DIVISION 6. STANDARDS FOR ARTWORKS
Section 17-84 of the West Covina Municipal Code is hereby amended to read as follows:
Sec. 17-84. Artist Qualifications.
Artwork must be designed by artists with experience and knowledge of monumental -
scale public art. The artist's qualifications shall be reviewed by the planning public arts
commission. Qualifications must include examples of past works that can be documented.
Section 17-85 of the West Covina Municipal Code is hereby amended to read as follows:
Section 17-85. Art in public places guidelines.
In addition to the standards set out in this article, the planning public arts commission
shall also be responsible for promulgating and adopting a set of guidelines that shall further set
out appropriate standards for artwork, artists, and other related matters. These guidelines shall
be adopted by resolution of the planning public arts commission and may be amended from
time to time as necessary.
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CERTIFICATION
I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do
hereby certify that a true and accurate copy of Ordinance No. 2174 was duly enacted and passed
by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the
following locations:
West Covina City Clerk's Office (3`d floor)
Los Angeles County Public Library (West Covina Branch)
West Covina Police Department (front lobby)
yllit044
Susan sh; Assistant City C rk
Posted: Y/ /54g