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CC RES 1990-057RESOLUTION NO. 90 -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING GUIDELINES FOR PUBLIC ART IN PRIVATE DEVELOPMENT TO IMPLEMENT RANCHO PALOS VERDES ORDINANCE NO. 257 The City Council of the City of Rancho Palos Verdes hereby resolves and orders as follows: Section 1: Definitions. The following words shall have the following meanings: `Administration' ' shall include, but is not limited to, fees for project coordination; artist selection processes, including selection juries' honoraria; project advertising, fees for proposals including, models and /or maquettes (when applicable), and collection management and documentation. "Acquisition" shall mean the inclusion of an artwork in the permanent art collection of the City, whether by commis- sion, purchase, gift, or other means. `Artist' ' shall be a practitioner in the arts, recognized by critics and peers as a professional of serious intent and recognized ability, who produces high quality art on a regu- lar basis. An architect or landscape architect may be con- sidered on a case -by -case basis by the Arts Commission pur- suant to Municipal Code Section 15.30.040I "Arts Endowment Fund" shall mean the revenue account into which funds are donated and collected for City -wide arts activities and support. `Arts Facilities' ' shall mean studios, galleries and per- forming spaces where works by artists within the disciplines of visual, performing, literary, and media (film and video) arts are created, produced, exhibited, and sold. `Artworks' ' shall refer to specific aspects of a public art project, or to an individual work of public art. `California Art Legislation' ' shall mean legislation passed by the California Legislature for the purpose of protecting artists' rights, including, but not limited to Civil Code Sections 986 and 987. "Collaboration" ' shall be defined in three forms: pure collaboration, cooperative collaboration, and correlative .collaboration. This encompasses all selected communication Page 1 90 -57 from design development through project completion and art- work installation, wherein one or more artists and design professionals, including architects, engineers, and plan- ners, jointly identify, interpret, and resolve conceptual and relational design issues relative to specific sensibili- ties, areas of responsibilities, artistic vision, and key attitudinal, procedural, aesthetic, and technological is- sues. `Conservation' ' shall refer to the broad concept of care of artworks, and encompasses examination, preservation, and restoration. 1. "Examination" ' i s a preliminary investigation to determine the original structure and material comprising an artwork (if that information is otherwise unavailable) and the extent of deterioration, alteration and loss, if any. 2. "Preservation" ' is action taken to retard or pre- vent deterioration or damage in artworks by control of their environment and /or treatment of their structure, and to maintain them in as unchanging a state as possible. 3. "Restoration" ' is the treatment of a deteriorated or damaged artwork to return it to, as nearly as possible, its original form, design, color, and function as intended by the artist with minimal further sacrifice of aesthetic and historic integrity. `Donation' ' shall mean an artwork or funds donated to the City for its public art program. "Maintenance" shall mean the continued act of preserving and /or operating an artwork in a condition which maintains the integrity of the artwork as defined by the artist. "Public Art Fund' ' shall be a revenue fund established in the City Treasury into which shall be deposited funds gener- ated and donated under the City's Public Art Ordinance, grants, and contributions. This fund is comprised of three separate accounts, each of which is assigned an account number within the fund by the City's Department of Finance for the purpose of tracking specific program revenue and expenditures. These accounts shall be designated as fol- lows: 1. "Eligible Account" shall contain seventy -five per- cent (75%) of the total amount of all monies generated and donated by the Public Art Ordinance from applicable public and private construction projects, in accordance with the City's Public Art Ordinance Municipal Code 15.30. 2. " Education /Maintenance /Administration Account" shall contain twenty -five percent (25%) of all monies gener- Page 2 90 -57 ated and donated under the Public Art Ordinance and depos- ited into the Public Art Fund. 3. "Supplemental Account" shall contain those monies donated by individuals, corporations, foundations, or gov- ernment grants, for the City's public art program. "Portable Works' ' shall be artworks which are intended to be moved from place to place. "Public Space" shall be all privately owned spaces, in- doors and outdoors, which are generally accessible to the public for a minimum of twelve (12 ) hours per twenty -four (24) hour period. "Selection Jury or Panel" shall be an ad hoc committee em- panelled for the purpose of selecting artists and /or public artworks. The Committee shall be comprised of no less than three (3) members who are artists and /or arts professionals. An architect, landscape architect, or planner may be in- cluded on the Committee if a need is determined by the proj- ect. "Temporary Art Project" shall be an artwork or an art in- stallation which is in place for a limited time. Section 2: Art Requirement Valuation. Subject to the relationship required by the Rancho Palos Verdes Municipal Code Section 15.30.080A, the value of public art and /or an artist's interpretation included in a construction project will be based upon $1.40 per square foot of the project. Value shall be approved based on expenditures associated with the artwork as are acceptable within Section 7 of these Guidelines. Section 3: Public Art Requirements. The require- ments for processing Public Art Applications in private development shall be as follows: (a) Obtain a Public Art Requirements Package. Individuals seeking to build in the City of Rancho Palos Verdes shall obtain a public art package from the Department of Environ- mental Services when initial contact is made with the City. This package shall include a public art application, the City's Public Art Ordinance, and Resolution Guidelines. (b) Request for Exemptions. An applicant requesting an exemption under the Public Art Ordinance, Section 15.30.090D and F of the Rancho Palos Verdes Municipal Code, must submit a written request to obtain an exemption to the Director of Recreation and Parks within fifteen (15) days of the receipt of the public art requirements package. P age 3 90 -57 (c) Submit a Public Art Proposal. Each applicant must submit a Public Art Proposal which must be approved by the Commission prior to the City's issuance of grading and building permits. Section 4: Selecting Artists and or Artworks. One or more of the following methods may be utilized in the selection of artists and /or artworks: 1. Open Competition. A competition notice is published and distributed wherein any artist may respond within the competition requirements. The competition may be held in one or more stages. Additional stages allow selected art- ists to develop more detailed concepts for consideration. 2. Limited Competition. A method similar to the second stage of an open competition in which a selected number of artists, usually three to five (3 -5) , are invited to submit slides or videos of previous works. 3. Invitation. An artist is invited to develop one or more proposals for a project, often collaborating closely with the project architect, or is invited to participate in the collaboration process as an integral member of the proj- ect design team. 4. Direct Purchase. A completed artwork is purchased for the project. 5. Hiring an Arts Consultant. The applicant may con- tract with a public art consultant to facilitate the above methods or to identify, present, and recommend artists to the applicant, and to prepare proposals and conduct presen- tations to the Arts Commission and other entities as re- quired. The applicant may utilize up to two percent (20) of the project's art requirement valuation for consultant's fees. Additional consultant's costs shall be paid by the developer from funds other than those required to satisfy the art requirement. 6. Selection Juries or Panels. The applicant may utilize a selection jury or panel to select artists or artworks; however, juries and panels must meet the defini- tion of selection jury or panel in Section 1 of these guide- lines and must be approved by the Arts Commission. 7. Arts Commission. The Arts Commission does not currently select artists or artworks, but does maintain the option to establish a sub - committee, ad -hoc committee, jury, or panel for this purpose, and maintains the option to in- volve community advisors and /or representatives on a proj- ect-by- project basis. Page 4 90 -57 Section 5: Procedures. The following procedures shall be used by applicants to prepare a Public Art Pro- posal. (a) Contact Arts Staff. The applicant shall contact the City arts staff to schedule a meeting to clarify the art requirement, and to receive direction with respect to the preparation of the applicant's Public Art Proposal for pres- entation to the Arts Commission. (b) Select an Option. One or more of the following options shall be utilized for compliance with the Public Art Ordi- nance. On -site options require the use of at least one of the three forms of collaboration identified in the defini- tion of collaboration, Section 1 of these Guidelines, be- tween no less than the architect and the artist. 1. On -site Options. a. An artist(s) is hired as a contributing and integral member of the construction project design team. b. An artist (s) or a public art design team is commissioned to interpret a public space and create a ""to- tal concept " environmental public artwork. c. An artist (s) is commissioned to design and create functional art elements, as defined in the Public Art Ordinance, within the interior or exterior space of the project. d. An artist (s) is commissioned to design and create public artworks for on -site installation, e. Arts facilities are provided for specified terms, as defined in these Guidelines. If this option is utilized, the applicant must submit a management plan, and if applicable a curating policy, at the time of the presen- tation to the Arts Commission. The applicant must then execute and record the approved management plan and any related policies with Los Angeles County, Covenants, Condi- tions and Restrictions, in a form approved by the City Man- ager and the City Attorney. f. The direct purchase and installation of public artworks. 2. Other Options a. Combining the Public Art Requirement for One Development Project with Other Development Projects. If the project applicant has other applicable development projects Page 5 90 -57 identified within the City, the applicant may propose that the monies to be expended for one applicable project be transferred and added to another development project for public art, as long as both projects serve the intent of Chapter 15.30 of the Rancho Palos Verdes Municipal Code. Justification must accompany the request and if approved by the Arts Commission, the applicant may offer security in a form acceptable to the City until final approval of the applicant's public art proposal for the other development project. b. In -lieu of On -Site Public Art. The applicant may contribute monies equal to two percent ,, ( 2 0 ) of the CPV to the City's Public Art Fund, established by Section 15.30.130 of Public Art Ordinance in -lieu of on -site public art. The applicant shall indicate on the public art appli- cation that an in -lieu contribution will be made. The applicant may offer security in a form acceptable to the City. The in -lieu fee shall be paid prior to the issuance of grading and building permits. The applicant may make a recommendation for the expenditure of the in -lieu monies; however, such a recommendation shall not obligate the City or its representatives. (c) Schedule the Presentation. Applicant schedules, via the City Arts staff, dates for the presentation of the Pub- lic Art Proposal to the Arts Commission and other committees as required. Section 6: Public Art Proposal. The applicant prepares a Public Art Proposal and submits an original and a minimum of 12 copies to the City arts staff, no less than seven ( 7 ) working days before the scheduled presentation. The proposal shall include the following: (a) Applicant's name, mailing address, and phone number; (b) Construction project name and location; (c) Estimated construction project budget; (d) Dollar value of the development project's public art requirement; (e) Request for approval of proposal; (f) Option selected and the justification of the selected option; (g) Construction project description, including projected use and square footage of the project; (h) Method (s) for selecting artist (s) ; Page 6 90 -57 (i) Projected art budget expenditures; (j) Projected ongoing and extraordinary maintenance consid- erations; (k) Potential safety and mitigation measures; (1) Artist (s) resumes, which identify training, and /or edu- cation, exhibitions, collections, and commissions; (m) Preliminary site plan; (n) Deadlines for permits and status of other requirements, i.e. C.E.Q.A., E.I.R. Coastal Commission clearance, etc.; and (o) Miscellaneous, which may be addressed with the presenta- tion and may include relevant slides, models, drawings, documents, and /or other information necessary to support the request. Section 7: Public Art Expenditures. The follow- ing expenditures meet the public art requirement: (a) Artists' fees, including design fee, labor and consulta- tion; (b) Costs of production and installation of artworks, in- cluding artist fees; labor, material, and contracted serv- ices for the project; permit or certificate fees; studio and operating fees related to the specific artwork; dealer fees, if necessary; communication, and other indirect costs; art- ist expenses and travel to the site; and preparation of the site relative to public art; (c) Direct costs of installation of the artwork; (d) Plaques and labels identifying the artwork; (e) Mechanical, electrical, plumbing, and other devices necessary to the artwork; (f) Artist's liability coverage relevant to the design and installation of the artwork; (g) Two percent (2%) of the project's public art requirement for art consultant fees; and (h) Relevant educational materials as approved by the Arts Commission. Page 7 90 -57 Section 8: Non - acceptable Expenditures. The following expenditures do not meet the public art require- ment: (a) Materials for utilitarian and functional elements of the construction project such as seating, paving, water fea- tures, and lighting except for any additional costs incurred when these items are designed and created by an artist; (b) Directional elements such as supergraphics, signage, or color coding except where these elements are an integral part of the original artwork; (c) Art objects which are mass produced and are of standard design; (d) Reproductions, by mechanical or other means, of original artworks; (e) Decorative, ornamental, or functional elements which are designed by the building architect rather than by an artist commissioned for this purpose; (f) Landscape architecture and landscape gardening except when consistent with a determination of the Arts Commission pursuant to Municipal Code Section 15.30.040I'; (g) Costs of utilities and repairs such as electrical me- chanical plumbing, or other services needed to operate the artwork on an ongoing basis; (h) Art consultant fees above two percent (2%) of the pro- ject's public art requirement; and (i ) Maintenance of the artwork. Section 9: Public Art Review Criteria. The Arts Commission shall utilize the following criteria in its re- view of the applicant's Public Art Proposal: (a) Opportunity to achieve a high level of quality and originality; (b) Relevance to the site in reference to scale, material, form, and content; (c) Relationship to the City's Public Art Master Plan; (d) Public accessibility; (e) Potential safety and mitigation measures; Page 8 90 -57 (f) Projected ongoing and extraordinary maintenance costs; (g) Impact on the immediate surrounding community; and (h) Durability in reference to vandalism, theft, and natural elements. Section 10: Public Art Approval Process. (a) Conceptual Approval. The applicant presents its Public Art Proposal to the Arts Commission. (b) Final Approval. The applicant returns at a later date, after the artist (s) has been confirmed, to present site drawings and samples of the conceptual artwork, or related works, for final approval of the applicant's Public Art Proposal. (c) Appeal to City Council. Pursuant to Municipal Code Section 15.30.100 only extreme hardship exemptions shall be appealable to the City Council. City Council will only hear an extreme hardship appeal upon an affirmative four fifths vote of the Council. All other decisions of the Arts Com- mission shall be final. Section 11: Building Permit Notification of grading and building permit approval is issued by the Plan - ning Commission, City Council, or Environmental Services Department staff. The public art restriction on the grading and building permits shall be removed upon confirmation of the Arts Commission's final approval of the Public Art Pro- posal. Such approval shall include one or more of the fol- lowing: (a) On -site public art; (b) Monies equal to two percent (2%) of the CPV are depos- ited into the City's Public Art Fund; or ( c ) Two percent (2%) of the CPV is transferred to another project, by security in a form acceptable to the City from the applicant. Section 12: Follow -Up. (a) The applicant is required to maintain communication with Page 9 90 -57 the City arts staff as work progresses on the site. (b) Both the applicant and the City arts staff shall main- tain copies of reports, contracts, Arts Commission action, all correspondence, and documentation related to the public art project. Section 13: Issuance of Occupancy Permit. The following requirements must be met prior to the City's issu- ance of occupancy permits. (a) The Arts Commission must verify the completion and in- stallation of the artwork per the approved Public Art Pro- posal prior to the City's issuance of the applicant's occu- pancy permit. No permanent or temporary occupancy permit shall be issued for any development in the City unless at least one or a combination of the following has taken place: 1. The entire public art requirement for the develop- ment is expended to provide public art on site; 2. An in -lieu fee has been contributed to the City's Public Art Fund; or 3. Monies equal to two percent (2%) of the CPV are transferred to another project by security in a form accept- able to the City from the applicant. (b) The applicant who acquires on -site public art shall submit the following to the City Clerk's office prior to the issuance of an occupancy permit: 1. A statement which indemnifies, defends, and holds the City and related parties harmless from any and all claims or liabilities arising from the artwork. 2. Certificate of public liability insurance naming the City as an additional insured, including such coverage and liability limits as may be specified by the City Manager. (c) The applicant is required to submit the following docu- mentation of the artwork to the Arts Commission prior to the City's issuance of an occupancy permit: 1. Photographic documentation of the artwork including; three color slides of different views, and one 8 by 10 inch, black and white glossy print and negative: 2. Archival sheet consisting of the following: a. medium and genre of the artwork; Page 10 90 -57 b. artist (s) or representative (s) address (es) and telephone number(s); title of the artwork; conceptual statement; technical description of the work including weight, size, and scale; fair - market value of the artwork; site location; and date of installation; c. artist's recommendation for the care and mainte- nance of the artwork; and d. beginning and completion dates of the public art project. Section 14: General Requirements,- All artworks placed in private development within the City of Rancho Palos Verdes shall meet the following general requirements: (a) Accessibility. The artwork shall be physically and visibly accessible to the public for a period of no less than twelve (12) , and preferably eighteen (18 ) hours per twenty four ( 2 4 ) hour period. (b) Contract. The applicant should consider the inclusion of the following elements in his /her contract with the se- lected artist(s): 1. Scope of services; 2. Compensation and payment terms; 3. ownership of documents, drawings, and models; 4. Reproduction rights and copyright; 5. Title and ownership of the artwork; 6. Artists' rights, including any local, state, or federal laws relating to artists' rights; 7. Maintenance, conservation, and restoration rights; 8. Maintenance instructions; 9. Indemnity and liability; 10. Warranties; 11. Resale royalties; 12. Lifetime of the artwork; and Page 11 90 -57 13. Copyright laws. (c) Removal of Artwork. 1. If any artwork provided on a development project pursuant to the provisions of Chapter 15.30, of the Rancho Palos Verdes Municipal Code, is knowingly removed by the property owner without the approval of the Arts Commission, the property owner shall contribute funds equal to the de- velopment project's original public art requirement to the City's Public Art Fund, or replace the removed artwork with one which is of comparable. value and approved of by the Arts Commission. If this requirement is not met, the occupancy permit for the project may be revoked as provided in Section 15.30.120 of the Rancho Palos Verdes Municipal Code 2. If an artwork is removed by theft from the property, the property owner shall replace the artwork with an Arts Commission approved artwork of comparable value. (d) Reproduction Rights. The City, artist (s) , and the de- veloper should retain non- commercial, two dimensional repro- duction rights for promotional purposes. (e) Restoration. Restoration should be executed by the artist, artist - recommended firm or individual, or by a pro- fessional conservator. (f) Title and Ownership. Ownership of the artwork and re- lated documents, drawings, and models normally remain with the property owner in perpetuity; however, ownership may be negotiated on a project -by- project basis depending upon the approach utilized by the developer. Page 12 90 -57 PASSED, APPROVED AND ADOPTED this 3rd day of July, 1990. ATTEST: CITY CLERK No STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } SS CITY OF RANCHO PALOS VERDES } I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 90 -57 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on July 3, 1990. City CAhrk City 4 Rancho Palos Verdes Page 13 RESOL. NO. 90 -5i