HomeMy WebLinkAboutAGENDA REPORT 1987 0902 CC REG ITEM 11LTO:
FROM:
DATE:
SUBJECT:
ITEM ) \ . 1----•
MEMORANDUM
MOORPARK CITY COUNCIL
J. Galloway i
August 27, 1987
PROPOSAL: TO ESTABLISH "ART IN PUBLIC PLACES" POLICY
Promoting "Art in Public Places" would set in motion a
commitment to cultural enrichment that will grow with
future developments in Moorpark. This proposal builds
upon the desire of project developers to be recognized
for the unique dimension each project adds to the
city.
Please review the attached Exhibit "A", a resolution
for establishment of an "art in public places" policy.
The council could adopt the policy by resolution or
ordinance. Resolution No. 6730, attached, is
suggested because it is simple and effective without
undue restraints. It is the currently in effect in
the city of Oxnard. Major features to consider are:
* This is not a "percent for art" proposal, the
cost of artwork is left to the discretion of the
project developer.
* Broad interpretation of a public art
requirement provides flexibility and prdmotes
work in a range of media. Typical construction
features with extra design focus by master
craftsman/artist could qualify.
* As "taste" and subjective opinion are inherent
in creative processes, it is to be expected that
artworks will generate varied responses;
encouraging diversity citywide, will provide
something for everyone. General guidelines and
review provide adequate control of prominent
features.
* Provisions might be added to encourage
contributions of artwork to city facilities or to
establish display areas in office buildings or in
other "public" areas of the city.
Attached are background materials for review. Council
may choose to adopt the resolution without major
changes or refer the item to one of the council
committees.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
RESOLUTION NO. 6730
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
OXNARD ESTABLISHING AN ART IN PUBLIC PLACES POLICY FOR
THE CITY OF OXNARD, ANO PROVIDING CRITERIA RELATED
THERETO.
expanding public experience throughout the broad
spectrum of the arts would be in the best interests of
the City of Oxnard; and
in hannony with this goal, it shall be the policy of
the Oxnard Planning Canmission to require that visual
art be included in future major commercial, industrial,
and mixe.d-use projects where applicable; and
the aesthetic nature and chann of the
shall be enhanced and the citizens
Oxnard shall enjoy works of art
environment and welfare; and
City of
of the
for the
Oxnard
City of
public
this program will further foster a successful
partnership between the private and public sectors,
whfch will beneficially impact the architectural and
cultural environment of the citizens of Oxnard,
NOW, THEREFORE, BE IT RESOLVED that the Planning Canmission of the
City of Oxnard shall require pennanent works of art to
6e included in the plans for major private construction
projects within the City of Oxnard as a condition to
any discretionary pennit; and
BE IT FURTHER RESOLVED that to implement this overall Art in Public
Places Policy the following criteria for future works
of art are hereby established:
1. Art/Sculpture shall be easily visible to the public.
2. Art/Sculpture shall be located in an area that is
specifically designed for that purpose. Installation
of the works of art shall be planned and implemented to
enhance the work and all ow for unobstructed pub 1 i c
viewing from as many angles as possible.
3. Developers are encouraged to develop a complete site
plan with landscaping, lighting, and other appropriate
accessories to canplement the art work.
4. The composition of the art/sculpture shall be of
pennanent-type materials and require a low level of
maintenance.
Resolution No. 6730
Page 2
5. Any lettering or signing on a sculpture or its
foundation must be approved by the Community
Development Director prior to installation. (Project
identification is allowed; however, product advertising
is not.)
6. The art/sculpture shall be constructed proportional to
its site location.
7. No expressions of obvious bad taste or profanity, which
would likely be offensive to the general public, are
al 1 owed.
8. Art/sculpture work shall consist of a quality type of
art/design.
9. Developers shall be encouraged to provide a wide range
of art/sculptural styles, materials, and types when
selecting an art work for the program.
BE IT FURTHER RESOLVED that the Planning Commission recommends that
the Oxnard City Council endorse this Art in Public
Places Policy.
PAASED AND ADOPTED by the Planning Commission of the City of Oxnard
on this 17th day of January, 1985, by the following
vote:
AYES: O'Connell, Dressler, Paul, Flores, Perez
NOES: None
ABSENT: Roberts, Duff
/Jn ·, /) 7 / _I ,X,/l,'-"'-0--/T-~
Manuel Perez, Vice-Chairman
ATTEST:
-
GEOGRAPHICAL-AREAS OF RESPONSIBILITY/LOCATION
CITY OF-BEVERLY HILLS:
-Sec. 8-11.04. Location of fine art ornamentation.
(a) On-site. Fine art ornamentation shall be dis-
played in one or more of the following locations on
the site of the commercial structure:
(1) Outside of the structure, in any area open
and freely available to the general public,
including, but not limited to, front or side
setbacks or courtyard areas1 :
(2) Inside of the structure, in a ground floor or
street level lobby, provided such lobby is open
and freely available to the general public.
(b) Off-site. At the request of the applicant
for an occupancy permit, the fine art ornamenta-
tion required by Section 8-11.02 of this chapter
may be located on a site other than that of the
commercial structure, owned by the City, to be chosen
by the Fine Art Committee, subject to approval by
the Council.
CITY OF IRVIXE:
During the !irst five years, all sites !or this program will be located on public or quasi-
public property. IC the City determines the initial results of the program to be
s..:.tisfactory, private property sites may also be considered in addition to new public or
quasi-public sites.
For any site, public, quasi-public or private, the following criteria will apply:
1. Ofter easy motor vehicle access Crom major or secondary arterials <streets).
2. orrer pedestrian access !or viewing and include nearby seating facilities
when possible.
3. Provide visibility !or general public. Potential obstruction of it'Owing trees,
shrubbery or or future construction will be taken into account.
-1. Will create no hazard for motorists or pedestrians. Proposed sites will not
include public rights-of-way such as streets and sidewalks or be adjacent to
an entrance or exit used by emergency vehicles.
5. Will receive approval by the City Manager to clear all operational, financial
and sa!ety concerns.
6. Will be selected !or compatibility with the natw-al as well as man-made
environment, usually on or adjacent to public facilities. Typical site loca-
tions shall include but not be limited to public buildings, parks, hi~torical
c;itP.!11. and visible areas alonsr maior 11i-hr-i.11tc;.
J
GEOGRAPHICAL AREAS OF RESPONSIBILITY/LOCATION·cont.
CITY OF PALM DESERT RESOLUTION:
The committee ,hall confrne Its objectives tothe
corporate I Im Its of the commun I ty: however,
It sha I I have no restra I nts on the areas wherf!
it may seek 50urces of art or financing.
CITY OF PALO ALTO:
SECTIONS. Placemenc. Wo=ks of a=e selec:ed and i=?le~enead
~u:-suane t:o ~"1~ provisicns cf this or~it;ance and any ~enc!=e.~: t::iere:::J
:ay be pl~c 7d in, on or abou~ a~y w'.!r.ic~pal cons::--~c=~on p=oJace or
oe~er municipally ow~ed, leased, or rented p=oper:y. They cay be
ac:ached or deeached wit.."lin or about such prope:cy, and c:a.y be ~i:he=
ce::pora:y or per:::anen=. Place:enc of works of arc shall be a~::.~orizst
b7 c~e Ci:y Cct.:.ncil a::e: a =e?or: o: c..~e Cc=issicu.
APPLICATIONS
CITY OF BREA: CITY OF BREA
ARI' IN PUBLIC Pr.ACES PRCGRh'1
PROPOSAL APPLICATION
Location/Address ---------------------------Project ______________________________ _
Developer ______________________________ _
Property Owner Work Phone -----------------------
Title of Art Sculpture. ________________________ _
Artist --------------------------------
Address ·-----------------------------
City Telephone ----------------------------=--
Media ·---------------------------------
Approxi"nate Weight Dimensions ----------------------
Approximate Cost __________________________ _
Description of Art Piece _______________________ _
Location of Identification Plaque --------------------Des c rip ti on of Sculptural Foundation ------------------0 ate of Installation --------------------------
Site Location -----------------------------
Distance Bet~een Public Street and Art Piece ---------------
Landscape Plans ----------------------------
Special Problens ___________________________ _
Dedication Plans ----------------------------
*NOTE:
*Enclose artist background information and one o::-more of the fol lowing
form.3ts: •
A. 8 x 10 photographs depicting several views of art piece
B. Artist's rendering depicting several views of art piece
C. Model of art piece
APPLICATIONS
CITY OF SANTA CRUZ:cont.:
Name of Sculptor
CITYOF SANTA CRUZ ARTS COMMISSION
SCULPTURE IN PARKS AND OPEN SPACES
---------------------------
Address Zip Phone ---------------------------
nESCRtPTTON OF SCUtPnlRE:
(Please desaibe your sculpture and include a photograph or sketch giving dimensions on
height, width. depth, and material of sculpture. Please submit a separate application !or
each sculpture.) •
. .,
FOR OFFICE USE
Date Received by Department -----Date Received by Arts Comm. ----
COMMENTS:
' -----------------------------
APPLICATIONS cont.
CITY OF SANTA CRUZ:
SCULPTURE IN PARKS AND OPEN SPACES
The City of Santa Cruz has initiated a program for all sculptors wishing to exhibit their
work in the city's parks and open spaces system. This program provides local artists an
opportunity to display their work in the City of Santa Cruz, on a loan basis, for a period of
one year.
Artists wishing to participate in this program are encouraged tc complete and return the
attached application to the City of Santa Cruz Parks and Recreation Department, 346
Church Street, Santa Cruz, California 9.S060. Upon receipt of this information, the Visual
Arts Review Panel, an advisory body to the City Arts Commission, will review all
applications and forward their recommendations to the Arts Commission. The Arts
Commission will formally approve the panel's recommendations and select specific
placement sites for each work. •
Individuals wishing additional information regarding the Sculpture in Parks and Open
Spaces program should contact· Mr. Charles Prentiss, Santa Cruz C.ty Museum,· 1305 E.
Cliff Drive, 429-3773.
The City's Arts Commission and Visual Arts Review Panel appreciate your interest in this
program and are eager to tm1i_:lte-tl:l,1 first -series of ,culpture, withil'l· the city-ot"'5a~a ·
-Cruz.·' v-...-~~rc, \' V( • I. ~ l . I. f--• 'rt..1,•... ~,....✓l•c.~ ..
Santa Cruz City Arts Commission
APPLICATIONS
CITY OF SANTA CRUZ: cont·. :
HOLD HARMLe.55
In consideration of display space being made available to the artist/organization by the
City of Santa Cruz for the display of art, at no cost or expense to the artist/organization,
and not for use commercially, the artist/organization hereby assumes any and all risk of
damage, destruction or theft of any or all of said pieces of art, and agrees to indemnify,
and defend and save harmless the City of Santa Cruz, its officers and employees, from
and against any and all liability, loss, claims and suits that may be incurred by or brought
against the City of Santa Cruz, its officers and employees. and for damage. destruction or
theft of any or all of said objects. The artist/organization further waives any and all
rights that (s)he may have at any time,against said City of Santa Cruz, its officers and
employees, for any and all damages oriloss that (s)he may incur by reason of any such
damage, destruction or theft of any or all of such objects, no matter how the same be
,:a used.
It is further ll'\derstood and agreed that: the artist/organization shall abide by the policies
governing exhibits and that the artist/organization is the legal owner to loan said property
to this agency for purposes of exhibit.
-----------------------~------------------------------------------
Name 9f Artist/Organization Address Phone
Name of Agency Address
From To --------------Exhibit dates
Location and Description of exhibit ""
Signature of Artist/Organization Date
City Manager, City of Santa Cruz Date
PROCESSING/APPROVAL
CITY OF BEVERLY-HILLS:
Procedure~ Approval
(a) Submission. After architectural review pur-
suant to Article 30 of Chapter 3 of Title 10 of
this Code has been completed for the proposed
commercial structure, preliminary sketches, photo-
graphs, or other documentation of sufficient des-
criptive clarity to indicate the nature of the
proposed fine art ornamentation and an appraisal or
other evidence of the value of the proposed
fine art ornamentation shall be submitted to the
Fine Art Committee together with the site plans and
elevations as approved by the Architectural Commission
pursuant to such Article, an estimate of the con-
struction cost of the proposed commercial structure,
and sketches, photographs, or other documentation
sufficient to indicate the location of the proposed
fine art ornamentation in relation to the proposed
commercial structure.
(b) Approval. The Fine Art Committee shall review
both the proposed fine art ornamentation and its
p~oposed location for aesthetic quality and harmony
with.the ~roposed_c?mmercial ~tructure, and may approve,
approve with cond1t1ons, or disapprove either the
propo~ed fine art ornamenta~i?n, or its proposed
location, or both. The dec1s1on of the Fine Art
Committee may be appealed to the Council or
reviewed by the Council pursuant to the provisions
of Chapter 6 of Title 1 of this Code.
PROCESSING/APPROVAL cont.
CITY OF BREA:
Processing_
Processing for an art sculpture begins with the City Planning
Division of the Development Services Department apprising each
developer of the requirement for an outdoor sculpture as an element
of the developnent project. Upon sul:mission of a develo~ent projec':
a?plication, .the City Planning Division shall give a copy of the Ar':
in Public Places brochure, proposal application and design guidelines
to the developer. The City Planning Division will advise the
Developer of the Program and reccmnend contac~ with the Cultural Arts
Division for further direction and program clarification pertaining
to artistic options.
When a development project requires the approval of a variance,
conditional use permit, or related City approval, it shall be
conditioneci upon t.~e develoEXTtent t.~at the building project cannot be
occupied until such tLrne as the art sculpture is in place.
The applicant shall sul:mit to the City Planning Division a canpleteci
Art in Public Places application (attached) and the proposed art
piece in one or more of the following for:nats:
1. Photographs or slides of the subject art sculpture depicting
several views.
2. A model of the art sculpture.
3. A graphic or artist illustration of the art sculpture de?icticg
several views.
The subject art piece shall be an integr3l part of the landscapi~g
and/or architecture of the building. Details as to specific
landscaping and architectural traat:nent integrating the piece into an
overall project design ao:i maintenance factors required to insure its
pe.rmanence shall be included.
The City Planning Division, upon raceipt of the subject art piece and
application, shall schedule a meeting with the "Art in Public Places
Advisory Committee". The Art Advisory Committee ser·,es to review
proposed art for public areas in Brea and serves to maint3in quality
and diversity for t.11e comnunity. Carmittee appoint~s shall have an
art orientation and/or are qualified by education and/or experienc~
in t."'le field of art and/or de·relopnent. The Camii ttee is comprised
of the Director of Oevelosment s~rvices, or designee, the Director of
Ccrcmunity Services, or designee, a ~ember of the Planning Cannission
as appointed by the Chair and a membar of the Cul t;.iral Ar~s
Ccmnission, as appointed by the Chair.
PROCESSING/APPROVAL
CITY -OF BREA cont. :
A recomnertlaticn to the Director of oevelofltlent Services concerning
findings and/or recommendations on the proposed art piece will be
sutmitted within thirt-1 (30) days fran the date of subnission. Upon
approval, the City Pl3nning Division shall notify the project
developer in writing 3S to the acceptance and/or any conditions.
s.1ould the Director determine that the art piece is not consistent
with the policies and guidelines of t.,e Art in Public Places Progr::;.--n,
a letter shall be sent to the developer outlining the obje-::tions
and/or concerns. A meeting will t.,en be arranged between all parties
involved to determine whether or not an alternative art piece should
ce proposed arxi/or modifications should be made to the proposed art
. piece.
The decision of the Director shall be final and shall become
effective 10 days after notification. Provided, however, that if
within such 10 day period an ap£Jeal of the decision is filed by an
aggrieved person, the filing of such appeal within such time limit
shall suspend the decision of the Director until the determination of
t:1e appeal by the Cultural Arts Co:nmission or its dis=nissal by the
appellant. Such appeal shall be filed in writing with the Director
of Ccmnunity Services and shall be processei as follows:
1. Upon filing of an appeal the hearing date on said appeal to the
Cultural Arts Ccmnission, shall be set by the Director of
Ccmnunity Services
2. The Director shall trans:nit to the Cultural Arts Carmission
the original application, re-::ords, written reports and a99eal
disclosing in what respect t.~e application and facts offered in
support thereof met or failed to meet the requira'ttents of the
Art in Public Places Program.
3. The Commission may affirm, reverse, or modify in whole or in
part any appealed decision, catermination or requirenent of the
Director, but before granting any appealed petition which was
denied by the Director, the Ccrnnission shall indicate where t.,e
sculpture involved meets or does not ~eet the requirements set
forth.
The Cultural Arts Commission's action may be appealed to the City
Council in accordance with City Cede.
J
PROCESSING/APPROVAL cont.
CITY OF SCOTTSDALE, AZ.:
SECTION 4. That the Fine Arts Commission shall:
(a) Make periodic reviews, at least annually. of all City capital
improvement program projects with the Mayor, the City Council
an~ appropriate City depart~ent heads or their designated
representatives for the purpose of making recommendations and
establishing priorities to the legislative authority. of tr.e
City as to appropriations for works of art.
(b) Determine a method or methods of selection and commissioning
of artists with respect to the design, execution and placement
of works of art for which appropriations have been made, and
pursuant to such method or methods, select and commission
artists by contract for such purposes.
(c) Detennine the specific location and/or amounts to be expended •
on works of art in those cases in which the legislative
authority has not done so.·
(d) Require that any proposed work of art requiring extraordinary
operations or maintenance expenses receive prior approval of
the department head involved.
(e) Determine the placement of works of art.
(f) Authorize payments for the design, execution and placement of
works of art frcm appropriations for works of art in connection
with specific construction projects or from appropriations to
the Fine Arts Trust fund. -
(g) Accept and receipt works of art on behalf of the City after
approval.
'(h) Establish guidelines to facilitate the implementation of its
responsibilities her~under.
SECTION 5. That works of art selected and implemented pursuant to
the provisions of this ordinance and any amendment thereto may be·placed
in, on or about any municipal construction project or other municipally-
owned, leased or rented property. They may be attached or detached within
or about such property, and may be either temporary or permanent. Place-
ment of works of art shall be authorized by the Fine Arts Commission, and
the City officers responsible for the design and construction of such
projects shall make appropriate space available for the placement of works
of art.
ENFORCEMENT
CITY OF BEVERLY HILLS
(a) Requirement. No permanent or temporary certificate
of occupancy shall be issued for any commercial
structure constructed or reconstructed in the City
unless at least the following percent of the total
construction cost of such commercial structure is
used to provide fine art ornamentation to the commercial
structure or to another site, pursuant to the provisions of this Chapter:
{b) Certificate of occupancy revocatio~. If any fine
art ornamentation provided on a commercial structure
pursuant to the provisions of this ar~icle is removed
without approval of the Fine Art Committee, the
certificate of occupancy for such commercial structure
shall be revoked.
OWNERSHIP/MAINTENANCE
·-- ------·----
CITY OF BEVERLY HILLS:
section.. a~11 •. o.S ... .:.-c.._~.rsh ip .
. ------. ·--··
All fine art ornamentation, whether located on-site
or off-site, pursuant to subsection (b) of Section
8-11.04 of this chapter, shall remain the property
of the applicant for the certificate of occupancy,
provided, however, that such applicant shall transfer
ownership of the fine art ornamentation in whole or
in part to any successor in interest of the commercial
structure. The owner of said fine art ornamentation
shall provide all maintenance necessary to preserve
such fine art in good condition if such fine art is
located on-site, or shall reimburse the City for
all costs of such maintenance when located off-site.
The owner of said fine art ornamentation, whether
located on-site or off-site, shall maintain
in full force and effect fire and extended cover-
age insurance, including, but not limited to,
vandalism coverage, in a minimum amount of the
purchase price of said fine art.