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HomeMy WebLinkAboutAGENDA REPORT 1988 1019 CC REG ITEM 11CJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Council member CLINT HARPER, Ph.D. Councilmember BERNARDOM. PEREZ Councilmember MAUREEN W. WALL City Clerk TO: FROM: DATE: SUBJECT: MOORPARK MEMORANDUM ITEM II.{, STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police The Honorable City Council Patrick J. Richards, Director of October 12, 1988 {CC meeting of C-.unity Develoraent~ 10/19/88) AN AMENDMENT TO THE MOORPARK MUNICIPAL CODE -A-88-1 {ART IN PUBLIC PLACES) At its meeting of October 3, 1988 the Planning Commission adopted a Resolution No. PC-88-176 making a recommendation to the City Council on the subject of art in public places. The resolution is attached as Exhibit 1. Enclosed as Exhibit 2 is the staff report to the Planning Commission dated July 28, 1988. Should the Council wish to open this item for public hearing the next available regular meeting will be November 23, 1988. Recommended Action Review and take action as deemed appropriate. Exhibits: 1. 2. Resolution No. PC-88-176 Staff report dated July 28, 1988 799 Moorpark A venue Moorpark, California 93021 (805) 529-6864 881110G/CHRONI PJR:crl • RESOLUTION NO. PC-88-176 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL A REVISION OF THE ZONING ORDIN- ANCE. That this Commission, upon giving the notice required by the provisions of Section 8163 of the Moorpark Municipal Code and Section 65905 of the Government Code, did, on September 19, 1988 conduct a public hearing as prescribed by law in order to review and consider the draft proposal of "Art in Public Places .11 • The Planning Commission of the City of Moorpark resolves as follows: SECTION 1. The Planning Commission of the City of Moorpark recommends that when the City Council initiates a complete revision of the City's Zoning Ordinance, included in that revision would be all aspects of design and development standards and provisions for Art in Public Places. The process by which the City reviews and evaluates the Zoning Ordinance shall involve policies which maximize public input. SECTION 2. The Planning Commission further recommends that a separate Cultural Arts Committee be established concurrently with the initiation of the revision of the zoning ordinance. PASSES, APPROVED AND ADOPTED this 3rd day of October 1988. AYES: NOES: ABSENT: ATTEST: Celia LaFleur, Secretary 881110B/CHRONI PJR:crl Commissioner's Lawrason, Butcher, Holland, Wozniak and Montgomery; None; None. CHAIRMAN Douglas Holland APPROVED AS TO CONTENT: ~ .!i~~.L a trick ~. ds irector o Community Development .. I • C.lVl u ' I M E M O R A N D U M TO: THE PLANNING COMMISSION FROM: John Galloway'& DATE: September 14, 1988 SUBJECT: ART IN PUBLIC PLACES COPY: THE CITY COUNCIL This item was deferred at the August 1, 1988 Planning Commission meeting. Since then, all Commissioners have had sufficient time to review the materials. The City Council concurred with City Attorney's suggestion that instead of implemention by resolution, such a requirement should be incorporated into our General Plan and Zoning codes. With adoption of Resolution No. 88-492 (7-28-88 Staff Report, Exhibit"l"), we initiated the proceedings. Section 2 directs the Planning Commission to make recommendations to the City Council. Except for the concern about vagueness of the term "superior design" raised by the City Attorney, the Council felt the Draft Resolution stated clearly the goals an~ intent of the new policy and it can be used ai a guide. (7-28-88 Staff Report, Exhibit"2") We must avoid any vagueness challenge by giving the superior architectural design alternative a better definition or eliminating it as an option. Section 12 of the Draft Resolution (7-28-88,Exhibit"2") should be changed. It seems that a fixed-rate in-lieu fee of a dollar amount per 1,000 square feet would be preferable to the more problematic method of ascertaining project costs and values_and would thus simplify administration. The option to allow payment of an in-lieu fee remains with the City. This Art in Public Places requirement is to be applied to all commercial, industrial and mixed-use projects. T'mt r:.ecommendi~ that utilization of funds collected as in-lieu fee~ be delegated to~ Council-appointed Arts Counc"11 formed solely for this purpose and consistent with city attorney's opinion, granting them maximum authority/discretion as provided by law. JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk TO: DATE: SUBJE<.."'T: P,JR :MAR :crl 799 Moorpark Avenue 88267C/CHRONI MOORPARK HEMORAND The Planning Commission Patrick J. Richards, Director of STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE MOORPARK, CALIFORNIA Chief of Police Planning Commission Meetini,-iOMAS P. GENOVESE U Hof~~/ 198 ,L. City Treasurer ACTION: ft,, if,:;__~ f-~ ~ r 1/!;M t, t;t:::})'!!Jf(;;r;_;r By ½-d ?J)'f community Development~(~ July 28, 1988 (PC meeting of 8/1/88} PUBLIC HEARING ON AMENDftENT TO THE MOORPARK MUNICIPAL CODE NO. A-88-1 (ART IN PUBLIC PLACES} BACKGROUND During the past several months, an interest has been generated in creating requirements for a.rt in public places; this subject was introduced by Councilmember Galloway. Specifically, the goal is to establish requirements to include artwor-k as part of new development pr-oposals. At its meeting of July 20, 1988 the City Council adopted Resolution No. 88-492 (Exhibit "1") initiating this pr-oposed amendment. Councilmember Galloway has prepar-ed a dr-aft resolution on this subject (Exhibit "2"). The resolution was reviewed by the City Attorney (Exhibit"3 11 ). DISCUSSION The City Attorney's review of this subject concludes that the City does have the authority to impose requirements for this purpose. It is the attorney's recommendation that the procedure be initiated by amending the general plan and zoning ordinance to provide for art in public places. The end result should be requirements that are specific, and easy to understand. Any vagueness could lead to difficulty in implementing the intent to provide art. A public art policy is the necessary tool that should be developed by amending the general plan and zoning ordinance. Moorpark, California 93021 (805) 529-6864 PJR:MAR:crl 88267C/CHRONI July 28, 1988 Page 2 The following components are envisioned for part of the desired product. 1. Setting policies and standards to require works of art to be included in the individual development projects. 2. Allowing for exceptions to the above by the inclusion of artistic elements directly as part of the design of a proposed building. In this instance, the need exists to establish requirements for a 11 superior design 11 of architecture that includes a desired level of achievement in artistic form; This is where vagueness in an ultimate policy or ordinance can be a problem. If this approach is used, clear standards need be adopted for what would constitute "superior design" (a standard above and beyond the norm). 3. An in-lieu fee may be considered where it can be demonstrated that it is impractical to require public art. In the City Council I s approval of DP-393 -404, $100./1,000 sq.ft. of floor area fee was imposed. An arts fund can be created this way as a short term mechanism; this would suffice until long term policies, or an ordinance is adopted. A combination of any or all of the above three items is possible as well. Attached for your review as Exhibits 4, 5, 6 and ordinances, policies or programs of other cities: Brea, Palm Desert and Santa Monica. 7 arts Oxnard, RECOMMENDED ACTION Accept public testimony and direct staff as deemed appropriate. Exhibits: 1. Resolution No. 88-492. 2. Draft resolution to establish an art in public places policy. 3. February 2, 1988 letter from City Attorney. reviewing the above draft resolution. 4. City of Brea Art in Public Places Policy Manual. 5. Oxnard Towncenter Public Arts Program. 6. City of Palm Desert Art in Public Places Ordinance (including development fee). 7. City of Santa Monica Percent for Art Program. RESOLUTION NO. 88-41 J_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS TO CONSIDER AMENDING THE GENERAL PLAN AND/OR ZONING ORDINANCE AND THE MOORPARK MUNICIPAL CODE PERTAINING TO REQUIREMENTS REGARDING ART IN PUBLIC PLACES. WH£KEAS, Section 8164-1 of Article 44 of Chapter 1 of the Zoning Ordinance of the City of Moorpark provides that the City Council may initiate proceedings to consider amendments to the Zoning Ordinance by the adoption of a resolution requesting the Planning Commission of said City to set the matter for public hearing, report and recommendation; NOW, THEREFORE, THE CITY COUNCIL Of-THE: CIIY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: Section 1. That the City Council does hereby initiate consideration of an amendment to the General Plan and/or to revise the Zoning Cocie requirements as set forth iri the Zoning Ordinance of the City, and to place same in the Moorpark Municipal Code. Section 2. That the Planning Commission is hereby directed to set a public hearing to consider adding a requirement for Art in Public Places to the Zoning Ordinance and/or the General Plan, with a view towards meeting current trends and practices regarding Art in Public Places and to make a recommendation to the City Council of such changes as the Commission deems appropriate. Section 3. immediately. That this resolution shall take effect Section 4. That the City Clerk shall certify to the passage and adoption of this resolution, and shall forward a certified copy of said resolution to the Planning Commission of said City for action pursuant to instructions contained therein. PASSED AND ADOPTED this 20th day of July 1988. Mayor of the City of Moorpark, CA ATTEST: Maureen W. Wall, City Clerk RESOLUTION NO. : ,r I , ii./\ J//c ,'. J A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK ESTABLISHING AN ART IN PUBLIC PLACES POLICY AND RELATED FUND FOR THE CITY OF MOORPARK, AND PROVIDING CRITERIA RELATED THERETO. WHEREAS, expanding public experience throughout the broad spectrum of the arts would be in the best interests of the City of Moorpark; and WHEREAS, in harmony with this goal, it shall be the policy of the City of Moorpark to require that visual art be included in future major commercial, industrial, and mixed-use projects where applicable; and WHEREAS, the aesthetic nature and charm of the City of Moorpark shall be enhanced and the citizens of the City of Moorpark shall enjoy works of art for the public environment and welfare; and WHEREAS, this program will further foster a successful partnership between the private and public sectors, which will beneficially impact the architectural and cultural environment of the citizens of Moorpark, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Moorpark California shall require permanent works of art (or payment of an in lieu fee) to be included in the plans for major private construction projects within the City of Moorpark as a condition to any discretionary permit; and BE IT FURTHER RESOLVED that the City of Moorpark shall Establish an Art In Public Places Fund for deposit of in lieu contributions which the City Council at its discretion shall expend for the purpose of providing Public Art in the City of Moorpark; and BE IT FURTHER RESOLVED tha~ to implement this overall Art in Public Places Policy the following criteria for future works of art are hereby established: 1. For the purposes of this policy, all forms of original creations of artwork are eligible, including; but not be limited to sculpture, painting, graphic arts, mosaics, photography, mixed media, crafts and environmental works. Elements of construction artistically applied and demonstrated to be of superior craftsmanship in comparison to standard-quality construction and which are made en integral part of the landscaping and/or architecture of a project may qualify as artwork. EXHIBIT_2_ 2. Art/sclupture may be either decorative or functional; a part of a changing installation or permantently affixed. Aeshthetic improvements may also include work that will facilitate public access to an arts experience. 3. Art/Sculpture shall be easily visible to the public. 4. 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 enhnace the work and allow for unobstructed public viewing from as may angles as possible. 5. Developers are encouraged to develop a complete site plan with landscaping, lighting, and other appropriate accessories to complement the art work. 6. The composition of the art/sculpture shall be of permanent-type materials and require a low level of maintenance. 7. Any lettering or signing on a scultprue or its f~undation must be approved by the Community 8. 9. 10. 12. Development Director prior to installation. (Project identification is allowed; however, product advertising is not.) The art/sculpture shall be constructed proportional to its site location. No expressions of obvious bad taste or profanity, which would likely be offensive to the general public, are allowed. Art/sculpture work shall consist of a quality type of art/design. ~----'-~--= =~~~~ h= ~~COUY~ged to provid8 o wide range of art/sculptural styles, materials, and types when selecting an art work for the program. The Director of Community Development shall have the option to permit a donation to the Art In Public Places Fund in lieu of an art/sculture installation on site; such requirement shall not be in excess of one percent of the project's hard development costs (i.e. not including land). The provisions for such exception shall be based upon a lack of public accessibility to an art work or the scope of the development project is such that an art installation on site will not meet the intent and guidelines of the program. PASSED AND ADOPTED by the City Council of the City of Moorpark on this th day of 1987 by the following vote: AYES: NOES: ABSENT: Mayor Clint Harper ATTEST: Maureen Wall, City Clerk LAW OFFICES BURKE, WILLIAMS & SORENSEN VENTURA COUNTY OFFICE 950 COUNTY SQUARE DRIVE SUITE 207 3200 PARK CENTER DRIVE SUITE 6S0 COSTA MESA, CALIFORNIA 92626 (714} 545-5S59 LOS ANGELES OFFICE ONE WILSHIRE BUILDING VENTURA, CALIFORNIA 93003 1805) 644-7480 624 SOUTH GAAND A'✓ENUC::, 11TH FLOOR LOS ANGELES, CALIFORNIA 90017 (213) 623-1900 TELEC0PIER: (213) 623-8297 February 2, 1988 Mr. Patrick Richards Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Authority to Impose A Public Art Policy on Developments Dear Pat: You have asked that we review a draft resolution establishing an "Art in Public Places" policy. The City does have the authority to establish such a policy. However, if the policy is to effectively withstand judicial challenge for vagueness, it should have clearer standards of what is required. Discussion There is no legal question that the City has the authority to establish an arts policy. The City has the power to regulate the artistic aspects of development through both its zoning power and its authority under the Subdivision Map Act. (Metromedia v. City of San Diego, (1980) 26 Cal.3d 848, 860-65.) For example, the courts have held that, pursuant to the zoning authority, cities may dictate architectural styles, and even deny otherwise permitted uses on aesthetic grounds. (Bohannan v. City of San Diego, (1973) 30 Cal.App.3d 416; Wesley Inv. Co. v. County of Alameda (1984) 151 Cal.App.3d 672.) Consequently, through zoning, the City may regulate the design of developments, including requiring the inclusion of public art works, artistic construction, -fcECf hH:.;; FEB /i 1988 EXHIBIT ----3 r,/TY t)F MOORPA Mr. Patrick Richards February 2, 1988 Page 2 and superior craftsmanship. The City can accomplish this objective by amending its General Plan and planned unit development standards to require public art and superior craftsmanship in developments. In addition, the Subdivision Map Act authorizes cities to regulate the "design" of subdivisions to ensure consistency with the general plan. (Gov't. Code Section 66418.J Consequently, by amending its General Plan to include a Public Art policy, the City could require public art through subdivision conditions. While, the standards of such a Public Art policy need not be overly specific, they also cannot be too vague. (Novi v. City of Pacifica, (1985) 169 Cal.App. 3d 678, 682; Amusing Sandwich v. City of Palm Springs, (1985) 165 Cal.App.3d 1116, 1128.) A potential vagueness problem with the Public Art policy is the "superior architectural design" requirement of the draft Resolution. Paragraph 1 of the draft Resolution permits superior architectural design as an alternative to providing formal art work or an in lieu fee. If this superior architectural design option is retained, then a-workable standard must be developed as to when a design is superior, as opposed to when a public art work is required. Possibly permitting the artwork to be included in the structure of the building would address the goal of the policy. Regardless, without a strong definition of what is superior architectural design, each project will involve ad hoc decision-making, and the application of the policy may become inconsisten~. The vagueness problem could be exacerbated because of the developer's option of paying an in lieu fee instead of providing public art. Every developer will claim that his project contains a superior architectural design, and consequently, need not provide public art or pay an in lieu fee. Unless superior design can be better defined, it would be preferable to require art only; then, if the developer did not wish to install an artwork on-site, he could exercise the option of the in lieu fee. Mr. Patrick Richards February 2, 1988 Page 3 Finally, in order to strongly tie the Public Art policy to the City's police power, we suggest that the policy be adopted through General Plan and Code amendments, and not by resolution. Conclusion In conclusion, we recommend that instead of adopting a Public Arts policy by resolution, the Zoning Code and General Plan be amended to institute an Art in Public Places policy. Such a policy would condition all developments on providing public art. Such conditions could be imposed on the subdivision map and/or the planned unit development permit of developments. In addition, to avoid any vagueness challenge, the superior architectural design alternative should be better defined. Please feel free to call me if you have any questions. SFF/wpc/LTR9103ok cc: Steven Kueny Cheryl J. Kane Very truly yours, SCOTT F. FIELD Assistant City Attorney, City of Moorpark, and BURKE, WILLIAMS & SORENSEN .. ~-.. m -. . ~ -~~~~:.::~~~~~~-'~ 1 ·--· ~-~;·-Wffe~1f-i?9 City of Brea • Art in Public Places Policy Manual CI'IY axncIL Clarice A. Blamer, Mayor Sam Cooper, Mayor Pro Ten Nonna Arias Hicks, Councilwanan Carrey Nelson, Councilman John Sutton, Councilman Prepared by: · Department of Developnent Services and Department of Conmunity Services December 1984 .. : .... :. ~ • ... ---~:;...-. -'~ .. · . .::.::=~ ... -:_~ ..... z:t Table of Contents Page I. Introduction and Purpose .........•.....••.•.....•...•.•••..... 1 II. Program Requiranents •.•.•......•••...•.•••....•.••••••••.••••• 2 III. Guidelines for Art Sculptures ................................ . 3 IV. Processing ......................... ~ ......................... . 4 Art in Public Places Program Proposal Application Fann ...... . 6 I. CITY OF BREA ART IN POBLIC P~ POLICY MANUAL Decanber 1984 Introduction and Purpose The City of Brea has prepared this manual in order to provide the public with the necessary information and requirements pertaining to the placement of an art sculpture in accordance with the Art in Public Places Program. The City of Brea believes the image of a city is more than just its layout or the physical characteristics of its streets and buildings. One major element of a City's image can be its art. Art can make a statement to all about who and what a city is, how it views itself, and how it is viewed by others. Public monuments and sculptures have cacmanorated the progress and values of cultures and ccmnunitjes. In keeping with this philosophy, the Brea City Council in 1975 implemented an "Art in Public Places" program. The program was designed to intertwine public art with the City's private growth and developnent. Today over fifty-four art pieces adorn the City serving as "people magnets", which increases vitality and naturally attracts tourism, business and consumers. Public art can also serve as a business trademark, conveying growth and prosperity to the private and public sector alike. Brea's Art in Public Pl.aces is now one of the largest public sculpture programs in the country and continues to grow at an average rate of six pieces per year. The sculptures range in subject and style from free-flowing abstract de'sign to detailed realistic figures. The mediums represented include steel, bronze, concrete, wood, plastic and stone. The collection boasts of work fran internationally known artists such as Seiji Kunishna from Japan and Gidon Graetz from Italy, along with prominent American artists such as Guy Di 11, Fletcher Benton and Seward Johnson. The Art in Public Places program continues in a very unique way to nurture the growth and developnent of business and ccmnuni ty involvement. 1 II. Progrcm Requiranents All new residential, ccmnercial, and industrial develoµnent projects are required to acquire and install an art sculpture when the developnent project has a building valuation above $500,000. The amount identified as the minimun allocation for the acquisition of an art sculpture is based upon the total building(s) valuation as canputed using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBC). A building valuation of up to $500,000 requires no art piece. A valuation of $500,001 up to $999,999 requires that 1% of the total valuation be allocated for an art sculpture. A valuation of $1,000,000 and above would require an art allocation of $10,000, plus $2,000 for each million dollars of building valuation (including the first million dollars of valuation). Examples of the art allocation fonnulas are as follows: Building Valuation $ 500,000 (no art piece required) 750,000 (1% of valuation) 1,000,000 (10,000 + 2,000 X 1) 5,000,000 10,000,000 15,000,000 25,000,000 50,000,000 75,000,000 100,000,000 Minimum Art Allocation -0- $ 7,500 12,000 20,000 30,000 40,000 60,000 110,000 160,000 210,000 The Director of Developnent Services shall have the option to pennit a donation in lieu of an art sculpture in the amount identified pursuant to the art allocation formula to the City for cultural enrichment. The provisions for an exception by the Director of Development Services .shall be based upon a lack of public accessibility to an art piece or the scope of the developnent project is such that the art piece will not meet the intent and guidelines of the program. 2 II I . Guidelines for Art Sculpture Guidelines for the selection, acquisition, placement, identification, and maintenance of art sculptures are as follows: 1. The art sculpture shall be easily visible to the public street. 2. The art sculpture shall be located in an area specifically designated for such purpose. Installation of the Art Piece shall be planned and implemented to enhance the work and allow for unobstructed public viewing fran as many angles as possible. 3. The art sculpture sutmittal shall include a canplete site plan with landscaping, lighting and other appropriate accessories to complenent and protect the art work. 4. The canposition of the art sculpture shall be of permanent-type materials and require a low level of maintenance. Durable and weather resistant materials are recarrnended. 5. Lettering or signing is not peDnitted upon the art sculpture or its foundation. 6. The art sculpture shall be constructed in a size that is proportional to the size of the adjacent building(s). ) 7. Expressions of obvious bad taste or profanity, which would likely be offensive to the general public, are impermissible. 8. The art sculpture shal 1 be designed by persons with experience and knowledge of monunental scale sculpture and shall provide the City with background infonnation. 9. Developers shall be encouraged to provide a wide range of sculptural styles, materials and types when selecting an art work for the program. 10. Water sculptures are not encouraged. 11. In order to provide diversity and opportunity, not more than five pieces by the same artist is encouraged. 12. Each piece shall be identified by a plaque measuring approximately 8" X 8". The plaque shall be made of cast metal and will be placed in an appropriate location near the art piece and shall list only the date, title and the artist. 13. The art sculpture shall be maintained by the property owner in a neat and orderly manner acceptable to the City. 14. The art sculpture shall be a permanent, fixed asset to the property. 3 IV. 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 suhnission of a develoµnent project application, the City Planning Division shall give a copy of the Art in Public Places brochure, proposal application and design guidelines to the developer. The City Planning Division will advise the Developer of the Program aoo recarmend contact 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 conditioned upon the developnent that the building project cannot be occupied until such time as the art sculpture is in place. The applicant shall sul:mit to the City Planning Division a completed Art in Public Places application (attached) and the proposed art piece in one or more of the fol lowing fonnats: 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 depicting several views. The subject art piece shal 1 be an integral part of the landscaping and/or architecture of the building. Details as to specific landscaping and architectural treatment integrating the piece into an overall project design and maintenance factors required to insure its peonanence shall be included. The City Planning Division, upon receipt of the subject art piece and application, shall schedule a meeting with the "Art in Public Places Advisory Cammi ttee". The Art Advisory Committee serves to review proposed art for public areas in Brea aoo serves to .maintain quality aoo diversity for the ccmnunity. Cannittee appointees shall have an art orientation and/or are qualified by educatfon and/or experience in the field of art and/or developnent. The Conni ttee is comprised of the Director of Developnent Services, or designee,the Director of Cannunity Services, or designee, a member of the Planning Cannission as appointed by the Chair and a member of the Cultural Arts Cannission, as appointed by the Chair. A recoomeooatioo to the Director of Develoµnent Services concerning findings and/or recoomendations on the proposed art piece will be suhnit:ted within thirty (30) days fran the date of suhnission. Upon approval, the City Planning Division shall notify the project developer in writing as to the acceptance and/or any conditions. Should the Director determine that the art piece is not consistent with the policies and guidelines of the Art in Public Places Program, a letter shall be sent to the developer outlining the objections and/or concerns. A meeting will then be arranged between all parties involved to determine whether or not an alternative art piece should be proposed and/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 appeal 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 the appeal by the Cultural Arts Connnission or its dismissal by the appellant. Such appeal shall be filed in writing with the Director of Ccmnunity Services and shall be processed 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 Cammni ty Services 2. The Director shall transmit to the Cultural Arts Carmission the original application, records, wri tt;en reports and appeal disclosing in what respect the application and facts offered in support thereof met or failed to meet the requirements of the Art in Public Places Program. 3. The Commission may affirm, reverse, or modify in whole or in part any appealed decision, determination or requirement of the Director, but before granting any appealed petition which was denied by the Director, the Ccmnission shall indicate where the sculpture involved meets or does not meet the requirements set forth. The Cultural Arts Comnission's actiun may be appealed to the City Council in accordance with City Code. 5_ CITY OF BREA ART IN PUBLIC PLACES PRCX;RAM PROPOSAL APPLICATION Location/Address ----------------------------- Project ---------------------------------- Developer --------------------------------- Property OWner Work Phone ------------------------- Title of Art Sculpture -------------------------- Artist ---------------------------------- Address ------------------------------- City Telephone ---------------------------- Media ----------------------------------- Approximate Weight Dimensions ------------------------ Approximate Cost ----------------------------- Description of Art Piece -------------------------Location of Identification Plaque ~--------------------Description of Sculptural Foundation -------------------Date of Installation --------------------------- Site Location ------------------------------- Distance Between Public Street and Art Piece --------------- Landscape Plans ------------------------------ Special Problems ----------------------------- Dedication Plans ----------------------------- *NOTE: *Enclose artist background information and one or more of the fol lowing formats: 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 6 3.3.3 Public Arts Program Intent The development of Oxnard Town Center is aimed at establishing the highest standards of aesthetic quality and economic vitality. The Public Arts Program is an integral component in establishing this quality. In support of a commitment to the arts, and the concern for quality of life and the environment, each owner/user is strongly encouraged to participate in the Arts in Public Places Program. Oxnard Town Center will establish a visual image and identity which heightens civic pride with the aid of public artworks. Each work of art has the potential to create physical and intellectual energy, which establishes an atmosphere that draws residents, business and tourists to enjoy the development as a whole. A major function of such a program is to manifest, uplift and nurture the civic spirit. The Program Selected parcels have been identified for participation in the Art in Public Places Program (see Exhibit 23). The owners of these parcels will be encouraged to participate in the program. The selected locations are based on visual prominence from a view access area or major public street end-point. A guideline of one percent of project hard development costs (i.e., not including land) for each designated parcel is suggested to direct fund'> towards the Oxnard Town Center Arts Council for the installation of art works at the Oxnard Town Center. This guideline is in accordance with the National Endowment for the Arts and standards set forth by such progressive cities as Seattle, Philadelphia and San Francisco. For those parcels not designated under the Art in Public Places Program, the owner/user is, nonetheless, encouraged to participate at the same one percent 51 rate. In lieu of funds which would be donated to the Art Program, an equivalent sum may be donated to the Patrons for the Cultural Arts of Oxnard for their use in providing art in public places at the Town Center. Guidelines A. Location: The location of each piece of art identified on the Oxnard Town Center Land Use Plan (refer to Exhibit 23) is specific. Public artworks are to be at either the terminus of main public streets, or in visually prominent locations such as entry courtyards. Owner/users are encouraged to respect these locations during the design development of each parcel. The work of art shall be in a specific location designated for such purpose and approved by the Town Center Art Council and the City of Oxnard Art in Public Places Administration. B. Theme and Concept: The selection of each work of art will be site specific and be selected based on the character and aesthetics of the landscape and architecture of that site. While the thematic intent is left to the owner/user/artist, artwork shall not display degenerative gestures or statements which would be offensive to the general public. C. Artistic Requirements: (1) The commission for all works of art budgeted at $60,000 and under shall be awarded a resident of Ventura County or the State of California; (2) Each artist shall submit documentation illustrating his/her experience and knowledge before being contracted to construct and to complete the proposed work of art; and (3) Owner/User of each parcel will encourage the creation of art that displays a wide range in theme or concept when related to other artworks at Oxnard Town Center. In order to encourage this philosophy, no more than two pieces of work at the center shall be completed by the same artist. D. Material: (1) Material shall be of the type and scale which is appropriate to the theme or concept of the art piece and should respect the surrounding natural and built environment; (2) Material shall be permanent in nature and require low maintenance; and (3) Accessories accompanying the art work (i.e. lighting), shall be of a nature as not to distract from the art work, unless the elements are integrally designed components. All accessories shall be durable, require low maintenance, and shall not create glare for passing drivers or pedestrians. 52 E. Maintenance: Each owner/user is responsible for maintaining the art work in a manner which is acceptable to the Oxnard Town Center Arts Council and the City of Oxnard Art in Public Places Administration. Each artist shall provide guidelines that establish procedures for the ongoing maintenance after installation. These guidelines shall cover the fallowing areas: 1. identification of material in the work; 2. methods of maintaining work; 3. frequency of maintenance A review between the Artist and the Art Council shall take place after installation of the artpiece to go over maintenance procedures. F. Processing: At the time of purchase of land in Oxnard Town Center, the owner/user will receive a copy of the Guidelines for Public Arts Program. At that time, the owner/user should contact the Oxnard Town Center Arts Council to provide further direction and answer any questions which may arise pertaining to the program. In compliance with the program, each owner/user will submit to the Oxnard Town Center Arts Council a list providing the following information: 1. Lot or parcel number and address 2. Project Name 3. Owner/User 4. Artist and Resume 5. Photographs and or drawing of the proposed work which illustrates and documents dimensions and materials. 6. Site plan of appropriate scale to show location and intent. 7. Owner-User-Artist statement of philosophy. The Oxnard Town Center Art Council is a subcommittee of the Oxnard Town Center Design Review Committee established by the Covenants, Conditions, and Restrictions for the Oxnard Town Center. 53 ( ' \ The Council shall review all art proposals. The council is responsible for maintaining the quality and diversity of art work that is constructed at the Town Center and for making recommendations to the City of Oxnard Art in Public Places Administration. All council members shall have an art orientation and be qualified either through education or experience. The council is comprised of the following members: o One Representative of the Oxnard Town Center Developers. o One Representative of the Oxnard Fine Arts Commission. o One Representative of the County Fine Arts Commission. o One Representative of the Patrons for the Cultural Arts of Oxnard. o One Representative of the Art Partners of Ventura County o Two Representatives who are artists or art educators experienced in Environmental Sculpture as approved by a majority of the other members of the council. Upon submission of an art proposal, the Council will respond in writing to the owner/user within thirty (30) days. If the Council finds the proposal to be in conflict with the criteria of the Art in Public Places guidelines, a written notification shall be forwarded to the parties submitting the proposal, identifying the areas and issues of objections or non-compliance. At the time that objections or issues of non-compliance arise, a meeting shall be arranged to discuss the items of contention and to determine what modifications are necessary to bring the work into compliance with the guidelines. If the parties making the proposal cannot comply with the items found to be in conflict, an appeal - can be filed and the following process will be initiated. 1. File appeal with the City of Oxnard Art in Public Places Administration. List areas of conflict and reasons for non-compliance with the guidelines. Establish a hearing date of appeal with the City of Oxnard Art in Public Places Administration to review all pertinent items. 54 2. The City of Oxnard Art in Public Places Administration Council shall receive, prior to the hearing date, all written reports and appeals from both parties. 3. The City of Oxnard Art in Public Places Administration wlth all parties present, may affirm, reverse or make any requirements for change to the proposal, to bring it into compliance with the Art in Public Places guidelines. I I I ORDINANCE NO. 473 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ESTABLISHING AN ART IN PUBLIC PLACES PROGRAM AND RELATED DEVELOPMENT FEE IN THE CITY. WHEREAS, the City of Palm Desert is fast becoming the economic and cultural center of the Coachella Valley; and WHEREAS, the City strives to draw tourists from around the world to visit and enjoy the many attractions it has to offer; and WHEREAS, the City of Palm Desert adopted an "Art in Public Places" program when it formed the Civic Arts Committee in March of 1976 and in so doing spelled out "that the Civic Arts Committee's purpose is to promote culture and to establish a cultural atmosphere in the City of Palm Desert" and further specified one of the main functions of the Committee is to "solicit art objects or financing of art objects for inclusion in future public facilities." WHEREAS, the City's 2,000 Committee, in its final recommendations, recognized a current need for such a program and encouraged the City Council to move forward with the same for the cultural enrichment of its community; and WHEREAS, the Civic Arts Committee, at its meeting of May 19, 1986, enthusiastically endorsed and offered to plan, initiate, and administer an "Art in Public Places Program" on behalf of the City of Palm Desert; NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Palm Desert does hereby determine that it is in the public interest that development in the City should be planned and executed with a view toward enhancing the visual character and beauty of the City. BE IT FURTHER ORDAINED as follows: Section 1. FORMATION There is hereby established an "Art in Public Places Program" and fund, said fund to accumulate interest at the average investment rate earned by all other City investments, to be organized and administered by the Civic Arts Committee which shall create Art in Public Places Guidelines, the same to be submitted 1 I I I and approved by the City Council prior to implementation of said program. Said guidelines shall include, but not be limited to, definitions, procedure and approvals, maintenance, locations of art and ownership. Section 2. FUNDING The City of Palm Desert shall initiate such an Art in Public Places Fund by budgeting an amount of $200,000.00 in fiscal year 1986-87, said monies to be placed in an endowment fund, the interest only of which shall be used for said program, unless otherwise -authorized by the City Council. There shall be, and there is hereby, established an Art in Public Places development fee to be co1lected as follows: 1. For the purpose of this section, total construction cost shall be based on the building permit valuation as established by the Director of Building and Safety. Fees are to be collected at the time of issuance of a building permit.-The Director of Building and Safety, or such other person appointed by him, is hereby appointed as the authorized individual to collect said fees. The fees collected by the Director of Building and Safety for "Art in Public Places" development fees shall be transferred to the endowment fund on a monthly basis. 3. All individual residential units whose building permit valuation is in excess of $100,000.00 shall be charged 1/4 of 1% for that portion of valuation in excess of $100,000.00. Individual residential units with a building permit valuation of less than $100,000.00 are exempt from any "Art in Public Places" development fee. An "individual residential" unit is hereby defined as not more than one single family dwelling which is to be constructed on a lot located in an existing subdivision. This definition of ''individual dwelling unit" specifically excludes all new residential development of two or more dwelling units in number. 4. All other residential development not specifically exempted in the above section shall be charged 1/4 of 1% of the building permit valuation, said charge shall not exceed $50,000.00 per development. All commercial development within the City, including subdivisions of more than one unit, shall be charged I I I 5. 6. the rate of 1/2 of 1% of the building permit valuation, said charge not to exceed $50,000.00. The City of Palm Desert and its Redevelopment Agency shall be charged 1% of the total project cost for all public facilities, excluding all street and drainage projects. Said fees shall be collected commencing on the date this ordinance becomes effective. In the event such a program has not been adopted and implemented by the City within two years of the effective date of this ordinance, the Director of Building and Safety shall reimburse said fees to the person or entity paying the same. Section 3. ART IN LIEU OF FEE The Civic Arts Committee may elect to allow a development the option of its own art in lieu of a fee as long as the art contributed is reasonably commensurate in value to the required fee. City the vote, PASSED, APPROVED and ADOPTED by the City Council of the of Palm Desert, California, at its regular meeting held on 9th day of October , 1986, by the following to wit: AYES: BENSON, SNYDER, WILSON, KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE s. KELLY, Mayor Palm Desert, Cali ATTEST: City Palm Desert, Cali ornia CITY OF SANTA MONICA PERCENT FOR ART PROGRAM I. Establishment. The Percent for Art Program is hereby established in the City of Santa Monica. The Percent for Art Program shall be incorporated into each Budget of the City of Santa Monica commencing with fiscal year 1984-85. 2. Definition. For purposes of the Pecent for Art Program, the following words and phrases shall have the following meanings: a. Art. Art including but not limited to sculpture, painting, graphic arts, mosaics, photography, crafts, mixed media, and environmental works. b. Arts Commission. The Santa Monie Arts Commission established pursuant to Municipal Code Section 2931. c. Capital Project. Any capital project as defined in the Capital Improve- ment Program Budgeting Administrative Instruction involving the construc- tion, remodeling or renovation of property undertaken by the City of San- ta Monica or one of its agencies, which property is owned by the City or one of its agencies or is subject to the Beach Operating Agreement with the State of California, including any building, park, sidewalk or street, parking facility, utility, decorative structure and including portions thereof. The following shall be excluded from the definition of capital project: I. Design and resear~h studies. 2. Purchase and renovation of rolling stock. 3. Urban design or art projects. 4. Grants to private agencies. 5. Purchase of equipment not re 1 ated to capita 1 construction or renovation. 6 . 0 per at i n g costs ( e . g . , tree tr i mm i n g ) . 7. Acquisition of land (whether improved or unimproved). 8. Any capital project for which legal restrictions preclude application of this program. 9. Community Development Block Grants other than for the construction or renovation of public facilities. d. CIP Committee. The Committee established by the ·capital Improvement Pro- gram BudgetingAdministrative Instruction. e. PFA. The Percent for Art Program. 3. Administration. PFA shall be administered by the City Manager. The Arts Commission shall provide guidance to the City Manager and assist in the sele- tion of art as provided for in these Guidelines. 4. Proposed Budget. The proposed budget submitted to the City Council shall include an allocation of at least one percent (1%) for each capital project deve 1 oped in accordance with the fo 11 owing procedures: a. The PFA allocations shall be determined by the CIP Committee and be con- tained in the capital improvement budget submitted by the City Manager to the City council. The CIP Committee shall determine into which of two categories the PFA allocation shall be placed: 1. First Tier. Capital projects of more than $100,000 suitable for on- site art. (Any project outside the City ofSanta Monica shall be deemed unsuitable for on-site art.) For these projects, 1% of the non-art re 1 ated costs sha 11 be budgeted for on-site art. 2. Second Tier. Capital projects of less than $100,000 or capital proj- ects of more than $100,000 for which on-site art is unsuitable. For these projects, 1% of the non-art re 1 ated costs sha 11 be budgeted for (1) increased allocation for first tier projects, (ii) on-site art projects, (iii) one or more off-site projects, and/or (iv) purchases of art for public display. • Notwithstanding the above, no allocation from any capital project funded by any enterprise fund shall be allocated except for an art project re- lated to the enterprise. • b. A PFA Account shall be established in the capital budget for the adminis- trative expenses of the Arts Commission incarrying out PFA. Fifteen per- cent (15%) of each PFA allocation shall be placed in this account. 5. Adopted Budget. The budget adopted by the City Council sha 11 ocnta in a PFA a 11 ocat ion for a 11 First Ti er projects. The budgetadopted by the City Coun- cil may containa PFA allocation for Second Tier projects. 133 6. Annual CIP Art Plan. The Arts Commission shall coordinate the preparation of an Annual Art Plan, which shall set forth specific projects for the PFA allo- cat i ans in accordan~e with the fa 11 owing standards: a. Each Department shall form one or more Selection Committees to determine the type of art for any on-site art from its capita 1 projects. The Se 1 ect ion Committee sha 11 consist of one member of the Arts Cammi ss ion, one person appointed by the Department Head (which may be the Department Head), and one person mutua 1 ly agreed to by the Arts Cammi ssi on appointee and the Department Head appointee. One of the members of the Se 1 ect ion Committee shall be an artist. b. The Arts Com:r.i ss ion sha 11 form one or more Select ion Cammi ttees to deter- mine the type of art for any off-site art. c. The Selection Committee shall have the following responsibilities: 1. To determine the type of artwork desired for the site. The Se 1 ect ion Committee shall consider all possible constraints on the site and shall attempt to ensure that the artwork selected is appropriate for the site's overall design and is practical in terms of maintenance and operation. Only low maintenance artwork shall be considered for outdoor, non-secured locations. The maintenance implications of the artwork shall be explored with the appropriate department having maintenance responsibility for the site. If the Selection Committee determines that the art should consist of a mural, the Standards and Procedures for Public Murals shall govern the project. 2. To work with appropriate review boards. 3. To solicit advice from art professionals and from businesses and residents that will be affected by the project. 4. To determine the method by which the artwork will be selected: in- vitation, limited competition, open competition, or direct purchase. All selection must be done in accordance with applicable legal requirements. 5. To empanel a jury, if its determined necessary, to make the selection decision. The procedures foray jury shall be approved by the Arts Commission. 6. To recommend a maintenance schedule for the artwork, including whether or not the contract with the artist will include any ongoing maintenance responsibilities. I I 7. To prepare a report setting forth the manner in which it met its responsibilities under these Guidelines. d. The Arts Commission shall prepare the information contained from the various ~election committees into an Annual Art Plan .. The Annual Art Plan shall be submitted to the Commission for its comments and to the City Council for its approval. • 7. Implementation of Annual Art Plan. After the Annual Art plan has been ap- proved by the City Council, the Selection Committee shall implement the ap- proved plan. Upon the selection of an artist, the Selection Committee shall make its recommendation to the Arts Commission. The Commission shall approve the selection of the artist and artwork, subject to appeal to the City Council. 8. Maintenance. The Arts Commission shall prepare an Annual Schedule of Artwork Maintenance. The schedule shall be prepared as follows: a. The Arts Commission and the Department having maintenance responsibility for a particular artwork site shall agree upon maintenance responsibili- ties for the artwork. b. Any extraordinary costs of maintenance shall be charged to the PFA Admin- istrative Account. 135 l'~OJ~~guu~g~~ms~~~ -q , __ ,,,. ;/' --~;-e -~\'§:~ \ -~* I 1f;=~Y~l /2! I ( ans right-of-way. * Parcels designated 1or ~ •••tldpatl•• In ........ : Location Key-Art in Public P\aces OXNAB,Q TOWN CENTI£ \ ~ \ 'SOURCE.: l,ILAILOHRBACH ~5n\m\, 200 0 .... EXHISIT 23