HomeMy WebLinkAboutAGENDA REPORT 2022 0302 CCSA REG ITEM 09CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of March 2, 2022
ACTION INTRODUCED ORDINANCE NO.
501, AS AMENDED. (ROLL CALL VOTE:
UNANIMOUS).
BY A. Hurtado.
C. Consider an Ordinance Amending Section 17.50.020 and Section 17.50.030 of
Chapter 17.50 Art In Public Places of Title 17 Zoning, of the Moorpark Municipal
Code, and Determining that this Action is Exempt from the California
Environmental Quality Act. Staff Recommendation: Introduce Ordinance No. 501
for first reading, waive full reading, and place this Ordinance on the agenda for the
March 16, 2022, meeting for purposes of providing second reading and adoption
of the Ordinance. (ROLL CALL VOTE REQUIRED) (Staff: Chris Ball, Senior
Management Analyst)
Item: 9.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Chris Ball, Senior Management Analyst
DATE: 03/02/2022 Regular Meeting
SUBJECT: Consider an Ordinance Amending Section 17.50.020 and Section
17.50.030 of Chapter 17.50 Art In Public Places of Title 17 Zoning, of
the Moorpark Municipal Code, and Determining that this Action is
Exempt from the California Environmental Quality Act
SUMMARY
The City Council is being asked to consider amending the Moorpark Municipal Code
(MMC) in accordance with recommendations contained in the Arts Master Plan to
broaden the allowable uses of the Public Art Fund as defined in MMC Section 17.50.030
and update associated definitions in MMC Section 17.50.020.
BACKGROUND
In October of 2005 the City Council adopted City Ordinance No. 321, which formally
established the Art In Public Places (AIPP) program. This program requires certain
residential, commercial and industrial development projects to either install public artwork
or pay an in-lieu fee. Ordinance No. 321 also established the Public Art Fund to collect
and maintain these in-lieu fees and prescribed the allowable uses for the Fund in support
of the AIPP program.
On April 7, 2021, the City Council approved the Strategies, Goals and Objectives
(Objectives) for Fiscal Year (FY) 2021/22 and FY 2022/23. Objective 4.2 directs staff to
“Complete Arts Master Plan, prepare policy recommendations, and seek community
partner(s) to develop arts and cultural events.” The first part of this Objective was
achieved on October 6, 2021, when the City Council adopted the City of Moorpark’s first
Arts Master Plan (Master Plan).
Item: 9.C.
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The Master Plan was the result of a robust consultant-led community input campaign and
detailed evaluation of the City’s policies and procedures related to public art. The
objectives and recommendations it contains offer a blueprint for aligning the City’s
priorities with those of the Moorpark community, based on current best practices in the
public art field. The Master Plan was adopted with the understanding that implementation
of any specific recommendations would be at the City’s discretion and, when applicable,
subject to final approval of the City Council.
Following adoption of the Master Plan, on December 1, 2021, the City Council adopted
Ordinance No. 498 which amended MMC Section 2.38.080, expanding the authorized
activities of the Arts Commission to include “Act in an advisory capacity to the city council
on the development, modification and implementation of ordinances, policies and
procedures pertaining to arts and culture in the city.” This update to the MMC allows the
Arts Commission to review and weigh in on proposed changes to the City’s arts-related
policies and procedures prior to consideration by the City Council.
DISCUSSION
The recommendations contained in the Master Plan are organized into a series of
Objectives. Objective 2.1 recommends strengthening the City’s AIPP program in part by
updating relevant sections of the MMC to align with the interests of the community and
better reflect current industry best practices. These updates are outlined in Appendix II
to the Master Plan, which provides a comprehensive review of the AIPP program and
specifically identifies the City’s utilization of the Public Art Fund as an area that should be
given some attention.
The Public Art Fund, as established by Ordinance No. 321, is codified in Section
17.50.030 of the MMC. This section prescribes the allowable uses for the Fund, which
are generally limited to costs associated with the design, acquisition, installation and
maintenance of physical art installations, and program administration costs. One of the
findings brought forward in the Master Plan is that while there continues to be support for
the installation of permanent art installations, local opinion mirrors the worldwide trend
that more broadly defines public art to include temporary art installations, festivals, and
the performing arts. In recognition of this broader definition, the Master Plan recommends
that Section 17.50.030 be amended as follows (shown in legislative format with changes
highlighted in red).
17.50.030 Public Art Fund.
An art fund shall be created where fees are deposited pursuant to this
chapter. The fund shall be maintained and used solely for the city’s art in
public places program:
1. For the acquisition, installation, improvement, maintenance and
insurance of an artwork;
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2. For the acquisition and improvement of real property for the purpose of
displaying artwork, which has been or may be subsequently approved
by the city;
3. For maintenance and utility charges related to property purchased
pursuant to subsections A and C of Section 17.50.130 of this chapter;
4. For the development of a design concept and the preparation of
construction drawings;
5. For costs associated with administering the art in public places program,
in an amount not to exceed fifteen percent (15%) of the program
allocation;
6. For the acquisition, design, construction, operation and/or maintenance
of art and/or cultural display space, demonstration, and performance
space to be utilized by individuals and nonprofit arts organizations for
arts and cultural programming;
7. For developing cultural programs for the enjoyment and appreciation of
art, heritage and culture within the Moorpark community;
8. For supporting the development of arts and cultural programming in
Moorpark by eligible nonprofit organizations, subject to City Council
approval.
The language presented in item 8 has been modified from that recommended in the
Master Plan to specify that support to eligible nonprofit organizations be used for
programming development with the approval of the City Council. These proposed
recommended amendments would broaden the scope of the AIPP program and enable
the City to bring support from the Public Art Fund into consideration as it works to identify
a community partner to take the lead developing arts and cultural events in Moorpark.
In addition to the aforementioned updates to Section 17.50.030 of the MMC, Appendix II
to the Master Plan lists several updates to the definitions contained in Section 17.50.020
that would be appropriate to adopt at the same time. In summary, these updates refine
the definition of an artwork to specify that applicable art be designed by an artist, clarify
qualifying characteristics for water features, expand the definition of artwork to include
temporary installations, and add an accompanying definition of an artist. Together the
amendments refine what constitutes an artwork in the AIPP program to align with industry
best practices. These proposed updates to Section 17.50.020 are illustrated below in
legislative format:
17.50.020 Definitions.
As used in this chapter:
“Artist” means a person who has established a reputation of artistic
excellence in the arts, including but not limited to visual, or performing arts,
as judged by peers and experts in the field, through a record of public
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exhibitions, performances, commissions, sale of works, recognition and/or
educational attainment. The qualified artist shall work primarily in the
production of unique art.”
“Artwork” means an original creation of art, designed and envisioned by an
Artist, including but not limited to, the following media and materials:
1. A sculpture which may be freestanding, wall-supported or suspended,
kinetic, electronic, or in any material or combination of materials;
2. Affixed murals, mosaics, or paintings in any material or combination of
materials;
3. Decorative, ornamental, or functional building elements such as gates,
fountains, etc., or other architectural elements of a building, as approved
by the city, commissioned for the purpose of creating a permanently
affixed piece of art.
4. Water features or fountains, if the design is not dependent on the
addition of water to function as an artistic enhancement should the water
cease to function properly. There must be a demonstrated collaboration
between the Artist and the water feature design company with the Artist
as the lead concept designer.
Artwork, as defined herein, may be made with any material or combination
of materials and may be permanent, fixed or temporary.
“Building valuation” means the total valuation for an applicable project,
excluding land value and off-site improvement costs, as determined by the
building official.
“Public place” means any exterior area on private or public property which
is easily accessible or clearly visible to the general public.
It is worth noting that the definition of an artist as presented in the Master Plan uses the
term “fine art” in its qualification of an artist. Staff has elected to remove the word “fine”
from the definition to avoid ambiguity due to varied interpretations of the term.
On February 15, 2022, the Arts Commission reviewed the proposed updates to sections
17.050.020 and 17.050.030 of the MMC and made a recommendation to the City Council
to approve as presented. Staff feels that the updates are appropriate and clearly
supported by the findings of the Master Plan. The changes are also consistent with
Objective 2.1 of the Master Plan and will serve to strengthen the AIPP program in
alignment with the interests of the community and industry best practices.
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ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed the contents of this Draft Ordinance
and determined that adoption of this Draft Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) by the general rule that CEQA only applies
to projects that may have a significant effect on the environment.
FISCAL IMPACT
There is no fiscal impact associated with the adoption of the proposed ordinance. The
updates to Section 17.50.030 would allow arts and cultural programming such as the
Multicultural Arts Festival and Concerts In The Park, to be funded from the Public Art
Fund (2007). Currently such events are funded out of the General Fund (1000) at a cost
of approximately $25,000 annually. Allocations to Fund 2007 would be determined during
the annual budget cycle process or as stand-alone items brought to the City Council on
a case-by-case basis. Fund 2007 currently has a balance of approximately $4.5 million.
COUNCIL GOAL COMPLIANCE
This action is consistent with City Council Goal 4, Objective 4.2: “Complete Arts Master
Plan, prepare policy recommendations, and seek community partner(s) to develop arts
and cultural events.”
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
Introduce Ordinance No. ___ for first reading, waive full reading, and place this Ordinance
on the agenda for the March 16, 2022, meeting for purposes of providing second reading
and adoption of the Ordinance.
Attachment: Draft Ordinance
39
ORDINANCE NO. ___
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING SECTION 17.50.020
(DEFINITIONS) AND SECTION 17.50.030 (PUBLIC ART
FUND) OF CHAPTER 17.50 (ART IN PUBLIC PLACES) OF
TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE
TO UPDATE ALLOWBLE USES OF THE ART IN PUBLIC
PLACES FUND AND ASSOCIATED DEFINITIONS, AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council has determined that Section 10.50.020 (Definitions)
and Section 10.50.030 (Public Art Fund) of Chapter 17.50 (Art In Public Places) of Title
17 (Zoning) of the Moorpark Municipal Code should be revised to update the allowable
uses of the Art In Public Places Fund and associated definitions; and
WHEREAS, the Community Development Director has reviewed the contents of
this Ordinance and determined that adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) by the general rule that
CEQA only applies to projects that may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed the Community Development
Director’s determination that this Ordinance is exempt from CEQA and concurs that the
Ordinance does not have the possibility of having a significant effect on the environment
and is therefore exempt from CEQA.
SECTION 2. Section 17.50.020 of Chapter 17.50 of Title 17 of the Moorpark
Municipal Code is hereby amended and replaced in its entirety as follows:
“17.50.020 Definitions.
As used in this chapter:
“Artist” means a person who has established a reputation of artistic
excellence in the arts, including but not limited to visual, or performing arts,
as judged by peers and experts in the field, through a record of public
exhibitions, performances, commissions, sale of works, recognition and/or
educational attainment. The qualified artist shall work primarily in the
production of unique art.”
“Artwork” means an original creation of art, designed and envisioned by
an Artist, including but not limited to, the following media and materials:
ATTACHMENT
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Ordinance No.____
Page 2
1. A sculpture which may be freestanding, wall-supported or
suspended, kinetic, electronic, or in any material or combination of
materials;
2. Affixed murals, mosaics, or paintings in any material or combination
of materials;
3. Decorative, ornamental, or functional building elements such as
gates or other architectural elements of a building, as approved by the city,
commissioned for the purpose of creating a permanently affixed piece of
art;
4. Water features or fountains, if the design is not dependent on the
addition of water to function as an artistic enhancement should the water
cease to function properly. There must be a demonstrated collaboration
between the Artist and the water feature design company with the Artist as
the lead concept designer.
Artwork, as defined herein, may be made with any material or
combination of materials and may be permanent, fixed or temporary.
“Building valuation” means the total valuation for an applicable project,
excluding land value and off-site improvement costs, as determined by the
building official.
“Public place” means any exterior area on private or public property
which is easily accessible or clearly visible to the general public.”
SECTION 3. Section 17.50.030 of Chapter 17.50 of Title 17 of the Moorpark
Municipal Code is hereby amended and replaced in its entirety as follows:
“17.50.030 Public Art Fund.
An art fund shall be created where fees are deposited pursuant to this
chapter. The fund shall be maintained and used solely for the city’s art in
public places program:
1. For the acquisition, installation, improvement, maintenance and
insurance of an artwork;
2. For the acquisition and improvement of real property for the purpose
of displaying artwork, which has been or may be subsequently approved by
the city;
3. For maintenance and utility charges related to property purchased
pursuant to subsections A and C of Section 17.50.130 of this chapter;
4. For the development of a design concept and the preparation of
construction drawings;
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Ordinance No.____
Page 3
5. For costs associated with administering the art in public places
program, in an amount not to exceed fifteen percent (15%) of the program
allocation;
6. For the acquisition, design, construction, operation and/or
maintenance of art and/or cultural display space, demonstration, and
performance space to be utilized by individuals and nonprofit arts
organizations for arts and cultural programming;
7. For developing cultural programs for the enjoyment and appreciation
of art, heritage and culture within the Moorpark community;
8. For supporting the development of arts and cultural programming in
Moorpark by eligible nonprofit organizations, subject to City Council
approval.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective thirty (30) days after its passage
and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make a
written record of the passage and adoption thereof in the minutes of the proceedings of the
City Council at which the same is passed and adopted; and shall publish notice of adoption
in the manner required by law.
PASSED AND ADOPTED this ___ day of _______, 2022.
______________________________
Janice S. Parvin, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
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