HomeMy WebLinkAboutAGENDA REPORT 2006 1206 CC REG ITEM 09FTO:
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MOORPARK CITY COUNCIL
AGENDA REPORT
The Honorable City Council
Mary K. Lindley, Director of Parks, Recreation, and Community /
Services
November 21, 2006 (Meeting of December 6, 2006)
Consider Art in Public Places Maintenance Requirements
DISCUSSION
At it meeting on November 15, the Council approved the water fountains
proposed by the developers of the Village at Moorpark Shopping Center and the
Grove Shopping Center as meeting their Art in Public Places obligation.
Additionally, the Council asked staff to return with options for ensuring that Art in
Public Places artwork, including water fountains, be well maintained and remain
in good working order.
With regards to maintenance of Art in Public Places artwork, the Moorpark
Municipal Code already includes maintenance obligations. In summary, Section
17.50.080 (Covenant for Maintenance) states that the applicant must record a
maintenance covenant in a format approved by the City to provide for ongoing
maintenance of the artwork. Additionally, Section 17.50.130 (Maintenance and
ownership of Artwork) states the obligation to provide all maintenance necessary
to preserve the artwork in good condition shall remain with the owner of the site.
The Section goes on to state that maintenance of the artwork includes:
preservation of the artwork in good working condition to the satisfaction of the
City; protection of the artwork against physical defacement, mutilation or
alteration; and securing and maintaining fire and extended coverage insurance
and vandalism coverage in an amount to be determined by the City. Prior to the
placement of the artwork, the applicant and owner of the site shall execute and
record a covenant in a form approved by the City. If the owner fails to maintain
the artwork, the City may declare it to be a public nuisance. Additionally, upon
reasonable notice, the City may perform all necessary repairs and maintenance
and the cost shall become a lien against the real property.
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The Honorable City Council
December 6, 2006
Page 2
Without amending the Moorpark Municipal Code, the City can draft a
maintenance covenant that includes language whereby the owner agrees to the
requirements of City Codes, and secures a maintenance bond, for up to three
years, in an amount equal to the cost of the artwork. Three years should provide
sufficient time to determine that the artwork performs and operates as designed
and properly withstands the elements, and that the property owner perform
maintenance as required. The final language would be worked out by the City
Attorney. As currently required, the covenant must be in place prior to the
certificate of occupancy or the final building permit sign -off. In addition to the
covenant, the project's Conditions of Approval would include a provision requiring
the project applicant and property owner to agree to maintain artwork in good
working order for up to the life of the project. The provisions in the Condition of
Approval would be transferred to subsequent property owners, thereby ensuring
that maintenance continues even if the property is sold. In this way, after the
maintenance bond is released, the owner is still obligated to maintain the artwork
for an additional nine years.
If on the other hand, the Council prefers to amend the Moorpark Municipal Code
to require that project owners secure a maintenance bond, staff will prepare a
code amendment at the earliest opportunity for Council action.
STAFF RECOMMENDATION
Direct staff to prepare an Art in Public Places artwork maintenance covenant to
include a maintenance bond requirement as outlined in the Agenda Report.
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