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AGENDA REPORT FaZ Air tr4 Foe-L(c. PLACE-5
BY: Wit_...:
TO: Honorable Mayor and City Council
FROM: Hugh R. Riley, Assistant City Manage
DATE: January 10, 2001 (City Council Meeting of
1/17/01)
SUBJECT: Consider Development of Artistic Rock
Fountain /waterscape Presentation at southwest
corner of Tierra Rejada and Mountain Trail
(Mountain Meadows Plaza) as a part of the City's
Art In Public Places Program
DISCUSSION: In June, 1997, during the approval process for
Minor Modification No. 5 to Major Modification No. 1 of CPD
90 -2 (American Stores Properties, Inc.) the City Council
rejected the submittal of the applicant's architect for an
artistic presentation to be installed at the southwest
corner of Tierra Rejada and Mountain Trail (Mountain
Meadows Plaza) as a part of the City's Art In Public Places
Program.
Prior to the issuance of the Zoning Clearance for the
construction of the shopping Center, the applicant paid to
the City a fee of $11,323.80 for the city's Art In Public
Places Fund as required by the project's conditions of
approval. When the proposed artistic presentation was
rejected by the City Council, the City retained the
developer's contribution. Since this action, the American
Stores Properties' position has been that the fee paid
should release them from the condition calling for the
installation of an artistic presentation at the location.
No further action has been taken by either the developer or
the city regarding this matter. The current cash balance in
the City's Art In Public Places Fund is $182,930. The
City's Tree and Landscape Fund has a current cash balance
of $109,773. It is estimated that an acceptable
presentation installed at this corner would cost between
$50,000 and $75,000 including site demolition, preparation,
and new construction and landscaping.
C C-1LG119
City Council Agenda Report
January 10, 2001
Page 2
If the City develops an artistic presentation at this
location the responsibility for ongoing utility costs and
maintenance will need to be determined. The developer is
currently maintaining this particular site because it is
private property. However, because the City has retained
the payment -in -lieu fee, the developer may object to taking
on the responsibility for maintenance.
The Art In Public Places participation condition does not
address the responsibility for ongoing maintenance of a
facility erected by the City. It may be advisable to seek a
partnership with the developer for this project.
Staff is presenting this item to the City Council at the
request of Mayor Pro Tem Harper in order to seek direction
for obtaining design -build proposals for the development of
an artistic presentation at the Mountain Meadows Plaza
location. The current discussion has concentrated on the
concept of a rock fountain, pool and waterscape design
similar those installed by other cities such as Cerritos
and to the installation shown in the attached print. Such
a presentation would be consistent with the landscaping
emphasis of the overall Mountain Meadows development.
The construction /installation of artistic presentations
such as statues, sculpture, and fountains may be exempt
from the Public Contracts Code with regard to the
requirements for excepting the lowest responsible bid under
certain circumstances. However, in compliance with the
code, the city would be required to obtain competitive
design -build proposals. It may also be beneficial to
separate the artistic work from the site demolition and
foundation preparations include utility connections and
concrete sidewalks.
There typically is a charge or fee associated with the
preparation of proposals by artists because the proposal
involves the creative application of their particular
skills with these materials and techniques. In one example
obtained by staff from Rock Designs in Woodland Hills the
proposed fee would be $2,000. In this example, 50% of the
fee would be credited toward the installation cost if the
artwork submitted is actually commissioned by the City. A
copy of Rock Designs' correspondence is attached.
1-,,- 01 .11 19
City Council Agenda Report
January 10, 2001
Page 3
If the City Council wants to proceed with such a project
the following may be considered:
1. Direct staff to obtain design -build proposals with
total costs not to exceed $75,000.
2. Negotiate with American Properties to secure any
necessary easement, utility connections, site
preparation and future maintenance.
RECOMMENDATION: The City Council is requested to discuss
this artistic development concept and to provide direction
to staff.
Attachments: 1. Typical Rock Fountain Waterscapes
2. Rock Design Correspondence
3. Relevant material from 6/6/97 Council
Staff Report
4. Follow -up Letter from Architect
�:� 0 ti0
FROM : ROCK DESIGNS PHONE NO. : 8183403498 Jan. 03 2001 07:01AM P1
k C K
DESIGNSW
Pools and Waterscapes, Inc.
Fax Memo
DATE: December 4, 2000
TO: City of Moorpark
ATTN: Hugh Riley, Assistant City Manager
FAX 805- 529 -8270
FROM: Bill Brooks
RE: FOUNTAIN PROJECT
Dear Hugh—
Per our 11 /30/00 meeting with Dr. Harper, we agreed that I would design a rock and
water feature to be built at the southwest comer of Tierra Rejada and Mountain
Meadow Trail.
This design will be presented to the City Council with a contract price for approval.
For the first phase of this commission, the design and drawings, I would charge a
nominal fee of $2,000.00 for plot plan and colored rendering_
If the project moves forward and is built by my company, I will take' /2 the design fee off
the contract price.
find this a challenging, exciting project and I am looking forward to working with you
on it.
Sincerely,
Lie. ##524198, C -53 + C' -8 21739 Ambar Dr., Woodland Hills, CA 91364 -5204 Phone: (8 18) 340 -7978 Fax: (8 18) 340 -3498
wch site: www.rockdesigns.coni a -mail: rockdesigns@aoi.con,
C CVO ?
u u • ; : ►!� lu
TO: The Honorable City Council
FROM: Nelson Miller, Director of Cormunity Developmeno o
-e—
DATE: June 6, 1997 (City Council Meeting of June 18, 1997)
SUBJECT: CONSIDER APPROVAL OF MINOR MODIFICATION NO. 5 TO MAJOR
MODIFICATION NO. 1 OF CPD 90 -2 ON THE APPLICATION OF
NADEL ARCHITECTS APPROVING THE ARTWORK AND REIMBURSEMENT
OF ART IN PUBLIC PLACES FEE TO AMERICAN STORES PROPERTIES
IN THE AMOUNT OF $11,323.80 UPON COMPLETION OF THE
ARTWORK ON PROPERTY LOCATED SOUTHWEST OF THE CORNER OF
TIERRA REJADA ROAD AND MOUNTAIN TRAIL STREET
• Al 4•
Resolution No. 95 -1164 approving Major Modification No. 1 to CPD
90 -2 on the application of American Stores Properties, Inc. for a
revision to the proposed shopping center, which included a
reduction in size of the shopping center from 122,400 sf. to
118,783 sf., was adopted by the City Council on December 6, 1995.
Since approval of the Major Modification, there have been four
other Minor Modifications to Major Modification No. 1.
Prior to the issuance of a Zoning Clearance for construction of the
shopping center, the applicant paid to the City a fee of $11,323.80
as required by Condition No.' 35 as a contribution to the City's Art
in Public Places fund.
Condition No. 35 of Major Modification No. 1 to CPD 90 -2 states as
follows:
Art_ in __Public —P.laaes__Sontributio.r_
35. The applicant shall contribute to the City of Moorpark'6 Art
in Public Places Fund, an amount of $.10 per each square foot
of building area. The applicant may create a public art
project on or off -site in lieu of paying the Art in Public
Places fee. The artwork must receive approval from the City
Council.
CC0022
Minor Mod No. 5 to Maj. Mod. 1 to CPD 90 -2
Nadel Architects
City Council Staff
Page No. 2
Report June 18, 1997
On March 26, 1997, Nadel Architects applied for Minor Modification
No. 5 requesting reimbursement of Art in Public Fees received by
the City upon completion of artwork at the Shopping Center. The
artwork as proposed was for a metal sculpture to be located at the
southwest corner of Tierra Rejada Road and Mountain Trail Street.
This proposal was denied by the City Council at the meeting of
April 16, 1997.
The artist, Michael Watling, met with the Community Development
Committee on May 28, 1997, to solicit any comments or direction as
to the type of artwork the City would like to have at this center.
The committee did not wish to provide a specific direction, but
there was discussion regarding the lack of places to sit in the
center, a less vertical work of art, and the potential for use of
local rock in a artwork.
The artist has now proposed a grouping of native boulders as
described in the attached proposal and drawings.
Project. Cost
The total cost of the artw -)i-:l exceeds t!:e amount of the Art in
Public Places fees collected. "�,merlcar Stores Properties requests
the rei.mhursement of the fees --a-c- -: i r-hey will be responsible for
- eimbursement of the artist.
Art;st
Michael L. Watling began sculprure -n 1978. His work is in
pri- vate, city and institutionGl - ollections from Boston to Carmel
anc is especially well represented I.n Palm Desert, California. He
pursues his art career from his home and studio in Pinyon,
California where he is also an elected member of the local
community council. A copy of !is resume is attached to this
report.
e commendation
Approve the attached Resolution approving the artwork and
c `-T i "3
Minor Mod No. 5 to Maj. Mod. 1 to CPD 90 -2
Nadel Architects
City Council Staff Report June 18, 1997
Page No. 3
reimbursement to American Stores Properties of the deposit
submitted by the property owner the submitted Art in Public Places
fee in the amount of $11,323.80 upon completion of the artwork.
Attachments: 1. Resolution
2. Artist's resume
3. Plans for the Plaza and artwork
Cn0C2d-1
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL APPROVING MINOR MODIFICATION
NO. 5 TO MAJOR MODIFICATION NO. 1 OF CPD 90 -2 ON THE
APPLICATION OF NADEL ARCHITECTS APPROVING THE ARTWORK AND
REIMBURSEMENT OF ART IN PUBLIC PLACES FEE TO AMERICAN STORES
PROPERTIES IN THE AMOUNT OF $11,323.80 UPON COMPLETION OF THE
ARTWORK ON PROPERTY LOCATED SOUTHWEST OF THE CORNER OF TIERRA
REJADA ROAD AND MOUNTAIN TRAIL STREET
WHEREAS, on December 6, 1995 the City Council adopted Resolution No.
95 -1164 approving Major Modification No. 1 to Commercial Planned
Development Permit 90 -2 for the construction of Mountain Meadows Plaza,
a 118,783 square foot commercial center; and
WHEREAS, American Stores Properties contributed $11,323.80 to the
City of Moorpark's Art in Public Places Fund; and
WHEREAS, Condition No. 35 to Major Modification No. 1 to CPD 90 -2
authorized American Stores Properties to create a public art project on
or off -site in lieu of paying the Art in Public Places fee, subject to
approval of the City Council; and
WHEREAS, on March 26, 1997, Nadel Architects applied for Minor
Modification No. 5 to Major Modification No. 1 to CPD 90 -2 for approval
of the artwork and reimbursement of Art in Public Places fee to American
Stores Properties in the amount of $11,323.80 upon completion of the
artwork on property located southwest of the corner of Tierra Rejada Road
and Mountain Trail Street; and
WHEREAS, at its meeting Qn June 19, 1997, the City Council reviewed
t7he applicant's requested Minor Modification.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES
RESOLVE AS FOLLOWS:
SECTION 1. The City Council has determined that approval of the
requested Minor Modification is Categorically exempt from CEQA
requirements as a Class 1 exemption for minor alterations.
SECTION 2. The City Council approves the artwork and reimbursement
of the submitted Art in Public Places fee submitted by American Stores
Properties in the amount of $11,323.80 upon completion and installation
of the artwork and plaza area to the satisfaction of the Director of
Community Development.
ATTACHMENT 1
Resolution No. 97-
City Council Resolution approving
Minor Modification No. 5 to Major Mod. 1
for CPD90 -2
Page No. 2
SECTION 3. That the City Council has determined that the
application for the Minor Modification meets the requirements of the
Municipal Code in that:
a. The Minor Modification is consistent with the intent and
provisions of the City's General Plan and the City Zoning
Code; and
b. The Minor Modification is compatible with the character of the
surrounding development; and
C. The Proposed Minor Modification would not be harmful, or
impair the utility of neighboring property or uses; and
d. The Minor Modification would not be detrimental to the public
interest, health, safety, convenience, or welfare.
SECTION 4. That Minor Modification No. 5 to Major Modification No.
1 of CPD 90 -2 is subject to the same conditions as previously approved
for the project, unless amended by this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF JUNE APRIL, 1997.
Patrick Hunter
Mayor
ATTEST:
Lillian E. Hare
City Clerk
THE WATLING COMPANY
69-030 Pinesmoke — 51 AV, Mountain Center, C^ 92561
MICHAEL L. WATLING
619 - 349 -3292 bus
619 - 349 -8502 fax
Michael Watling was born in 1946 in Kansas City, Missouri. He
is Professor of Horticulture at College of the Desert in Palm
Desert, Ca. He has been on the faculty there since 1976.
In his time at the college, Watling has written and taught
thirteen different courses in subjects ranging from Plant Science
and Landscape Design to Critical Thinking and Integrated Studies.
He has also served as Department Chair for Agriculture, Vice -
President and President of the Faculty Senate and is now founding
Director of Desert College Arboretum. The 160 acre campus Arboretum
was instituted in 1992 by the board of trustees and is already an
important aspect of the campus.
Watling's interest in garden design led him into sculpture and
earthworks in 1978. His work is in private, city and institutional
collections from Boston to Carmel and is especially well
represented in Palm Desert, Ca. He pursues his art career from his
home and studio in Pinyon, Ca. where he is also an elected member
of the local community council.
C v 0 0 ~s
f�
THE WATLING COMPANY
69-030 Pinesmoke — 51 AV, Mountain Center, CA 92561
MICHAEL WATLING - SCULPTOR
619 -349 -3292 bus
619 - 349 -8502 fax
Watling has worked in three dimensional design for most of his
working life. He began as a garden maker in 1970, started as a
Professor of Horticulture and Landscape Design in 1978, decided to
become a sculptor in 1980. He founded and planned Desert College
Arboretum from 1990 to 1992 and is now making it a reality. The 160
acre project comprises the entire campus. Over 600 trees have been
added in the last year and dedicated gardens are under way on
several sites.
His sculpture and'earthworks are produced in materials from
bronze, stone and steel to earth, water and plants. The scale of
his work runs from a few inches to several acres and is in public
and private collections from California to New England and New
York.
Watling is particularly well represented in Palm Desert,
having made entry monuments and signs for the city as well as
numerous sculpture projects on commercial sites and at The Living
Desert. His most recent works include 30 ton monuments at each end
of Hwy. 111 in P.D., a 2 acre earthwork in front of the new library
at Desert College and two large, stone figures at Indio City Hall.
c `l
t
Artwork must be informed by the experience of the artist and
Watling's work reflects this. The works are always based on natural
themes such as landscape, plants, animals or people, often the
native varieties of each. These are not casual adaptations but
rather reflect years of intense study of the native environment and
its denizens. The work is always informed by nature.
C ^i 0e29
THE WATLI NG COMPANY
69-030 Pinesmoke — 51 AV, Mountain Center, CA 92561
SCULPTURE by MICHAEL WATLING
619- 349 -3292 bus
619 - 349 -8502 fax
PUBLIC ART:
Palm Desert:
NEOGLYPHS
Civic Center Park signage- 45 figures over 60 acres- A
r i z o n a
sandstone with petroglyphs- 60 tons.
AGAVE, GRAVITY WAVE and MILESTONE
Entry Monuments at city portals on Highways 111 and
74- Az.
sandstone with petroglyphs- 25 -30 tons each.
IMPACT
Earthwork at inter - agency Library, Desert College- Soil,,
grass and
granite- 1.6 acres.
FOSSIL
Desert College- sandstone and soil- 7'X 701.
CAHUILLA BASKETS
Waring Plaza- Steel and Water- 121X 16'X 20'
MOTHER & CHILD
Waring Plaza- Az- sandstone- 81tall.
SPATHE
Holden Johnson, Archs.- Monterey Av.- Bronze- 71.
�� -�
� ., �itf �Ki, �4��` ����.�i%yr�•'�7�7�'Y��- ye�1��i. ��S ��'...�t +:. � - � y
THREE DESERT TORTOISES
The Living Desert- Bronze- 51,4' and 31.
COMPOSITION
P.D. Corporation yard, Joni Dr.
DESERT ROSE
Fred Waring Avenue east of Cook Street- sandstone- 71X 101.
Indio:
SHERD
City Hall- Az. sandstone- 7' tall.
TECTONICS
City Hall- sandstone and steel- SIX 71X 51.
Palm Springs:
DESERTSCAPE
Warner Cable Bldg., Farrel Dr.- Copper clad steel and yellow brass-
B'X 8'X 24.
Private Collections
- New
York City,
Boston,
Cape Cod, No.
Conway,
N.H., Kansas City,
Palm
Springs,
Rancho
Mirage, Palm
Desert,
Carmel, Chapman Ranchos, Pinyon Crest, Royal Carrizo
Other works may be seen at Palapas of Araby Cove on Araby Dr. in
Palm Springs. or by appointment at the artist's studio in Pinyon.
r�00�4
it E WATLING COMPANY 16 n493292 P -01
WATLI NG COMPANY
SCULPTURE PROPOSAL
SCULPTOR: Michael Watling
CLIENT: American Stores Properties / City of Moorpark
SITE: Intersection of Tierra Rejada and Mountain Trail, Moorpark, Ca,
TITLE: Not yet titled. (Watling usually titles his work during constructiotl.)-
COST: $15,000
o
MEDIUM: Native Stone
]DIMENSIONS: 90'X 40'X 6 -8'h
WEIGHT: 88 tons
- 349 -3292 bus
- 349 -850) f--c
DESCRIPTION: Native boulders ranging in color from tan to dark brown and in height
from I to 6 -8' would be placed in the areas now occupied by unmown grass. The grass
would be cut away only enough to permit insertion of the stones into the soil. The central
planter would receive 3 stones, a tree and ground cover as addressed below.
The placement of stones across the landscape is an ancient art practiced by our
ancestors worldwide from Zen gardens to Stonehenge. This arrangement is intended to
evoke a sense of the parent stone beneath the soil, to imply figures moving towards the.
center of the site and to reflect the rounded hills in the background. It will also function as
abstract composition, create a sense of enclosure and provide additional seating .
LANDSCAPE: The following comments are recommendations and are not to be
construed as part of the artist's proposal or the public art budget.
In addition to the 3 large stones placed in the planter by the sculptor, a specimen of
the lavender crape myrtle Lagerstroemia indica would provide just the right touch. The
plant is relatively small with beautiful bark and branching structure. It also produces fall
color in its leaves and summer color in its flowers. It is deciduous, providing shade in
summer and sunlight in winter. It produces no known allergens and lacks invasive roots.
The ground cover in the planter should be the same as the other grass on the site
but inter - spersed with the two California native plants, blue eyed grass Sisyrinchium
belfum and Iris douglassii.
LIGHTING: The artist will consult at no additional cost on the placement of lights but
this proposal covers no lighting.
RECEIVEC
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Los Angeles
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310.826.2100
FAX 826.0182
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Mr. Nelson Miller
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF MOORPARK
799 Moorpark Avenue
Moorpark, CA 93021
RE: ART IN PUBLIC PLACES
MOUNTAIN MEADOWS PLAZA
MOORPARK, CA
NADEL #96- 081.00
Dear Nelson:
July 30, 1997
AUG 01 1997
On behalf of American Stores Properties, Inc. (ASPI) we are requesting a withdrawal of our
application for approval and reimbursement for the 'Art in Public Places" Minor Modification
No. 5 to Major Modification No. 1 of CPD 90 -2.
It has become apparent that after the continued efforts by ASPI and their consultants in
contacting, meeting and discussing this topic with the Community Development Committee
(with two seated council members) and the Moorpark Historical Society, then revising the
original design of the art piece, presenting it to City Council and have it approved, to later
have the Council reconsider and overturn their previous decision, is absolutely absurd! If I
recall, there is no appeal process in place for the Public to have the City Council reconsider
their decisions of denial. Talk about tyranny!
If the City requires a developmental fee for Art in Public Places, then a body of qualified
persons from the Art Community of Moorpark should be appointed by the City Council to
review and approve the art submittals. Clearly the City Council does not have the expertise
to adequately evaluate art, therefore, should defer to trained local artists, teachers, etc.
ASPI has requested that the $11,323.80 fee previously submitted during plan check be
contributed to the City of Moorpark's Art in Public Places fund in lieu of creating a Public Art
project.
Thank you for all your efforts and staff reports recommending approval of both art piece
submittals. If you have any questions or comments, please contact our office to discuss.
Very truly yours,
NADEL ARCWTECTS INC.
Sean ,Kobert
Associate
Enclosures
cc: Eric Jennings/ASPI
Michael Waiting/The Waiting Company
File 96081 qty
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