City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt the proposed Ordinance (Attachment No.
1), amending Chapter 15.06, New Development Fees, of the Culver City Municipal
Code, by repealing and replacing Sections 15.06.100 through 15.06.175 with new
sections 15.06.100 through 15.06.180, relating to the Art in Public Places Program.
BACKGROUND / DISCUSSION:
At its meeting of December 11, 2012, the Cultural Affairs Commission unanimously
(absent Commissioner Williams) recommended to the City Council approval of
changes to the Art in Public Places Program as included in the proposed Ordinance
(Attachment No. 1).
At the City Council meeting of March 11, 2013, the City Council unanimously
approved for introduction the proposed Ordinance amending Chapter 15.06 relating
to the Art in Public Places Program.
One edit has been made to the attached Ordinance since the City Council meeting
on March 11, 2013. This change appears on p. 15, Section 15.06.135 A.2 and is
limited to the deletion of the words, “and the Planning Manager” from the sentence
that read, “Preliminary Plans containing such detailed information as may be
required by the Community Development Director and the Planning Manager to
adequately evaluate the location of the artwork ….” in the version of the Ordinance
which the City Council reviewed on March 11, 2013. This change was made to
Meeting Date: 03/26/13 Item Number: C-3
CITY COUNCIL AGENDA ITEM: Adoption of an Ordinance Amending Chapter 15.06,
New Development Fees, of the Culver City Municipal Code, by Repealing and
Replacing Sections 15.06.100 through 15.06.175 with New Sections 15.06.100
through 15.06.180, Relating to the Art in Public Places Program
Contact Person/Dept.: B. Christine Byers Phone Number: 310-253-5776
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: Agendas and Meetings – City Council (03/19/13) (by E-Mail); Agendas
and Meetings – Cultural Affairs (03/19/13) (by E-Mail); Cultural Affairs Commission
(03/12/13).
Department Approval:
Sol Blumenfeld: (03/15/13)
City Attorney Approval:
Carol Schwab (by R. Miranda) (03/14/13)
Chief Financial Officer Approval:
Jeff Muir (03/19/13)
City Manager Approval:
John M. Nachbar (03/19/13) City of Culver City, California
Agenda Item Report
eliminate the discrepancy created by the fact that “Community Development
Director” is defined elsewhere in the Ordinance as involving the director or his/her
designee.
The Ordinance is brought back tonight for adoption.
FISCAL ANALYSIS:
The current available Art Fund balance is approximately $513,400. It is anticipated
that with a threshold of $75,000, under which developers pay the in-lieu fee to the
Cultural Trust Fund, the total annual payments to the Fund will, at minimum, remain
consistent with the current average of $152,042. With the exception of an increase in
the amount allowed for costs associated with the maintenance of City-owned
artworks, the proportion of annual allocations for capital improvements (new
artworks, enhancements to performance areas of City-owned and City-operated
facilities, art restoration projects) to allocations for soft costs (Performing Arts Grant
Program and Fund Administration), will remain relatively consistent. There will also
be an indirect positive impact on staff time (and costs) associated with implementing
the updated Art in Public Places Program given the higher APPP allocation
threshold over which developers may choose an alternative for fulfilling the program
requirements other than paying the in-lieu fee.
ATTACHMENTS:
1. Proposed Ordinance
MOTION:
That the City Council:
Adopt the proposed Ordinance, amending Chapter 15.06, New Development
Fees, of the Culver City Municipal Code, by repealing and replacing Sections
15.06.100 through 15.06.175 with new Sections 15.06.100 through 15.06.180,
relating to the Art in Public Places Program.
MEETING DATE: March 26, 2013
AGENDA ITEM: Adoption of an Ordinance Amending Chapter 15.06,
New Development Fees, of the Culver City Municipal
Code, by Repealing and Replacing Sections
15.06.100 through 15.06.175 with New Sections
15.06.100 through 15.06.180, Relating to the Art in
Public Places Program
ATTACHMENTS
Pages
1. Proposed Ordinance 1-33
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4 ORDINANCE NO. 2013 -
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AMENDING CHAPTER 15.06, NEW DEVELOPMENT FEES, OF
AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA,
THE CULVER CITY MUNICIPAL CODE, BY REPEALING AND
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REPLACING SECTIONS 15.06.100 THROUGH 15.06.175 WITH
NEW SECTIONS 15.06.100 THROUGH 15.06.180, RELATING TO 8
THE ART IN PUBLIC PLACES PROGRAM.
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WHEREAS, on August 29, 1988, the City Council adopted Ordinance No. 88-019,
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which established the Art in Public Places Program ("APPP"); and
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WHEREAS, on February 14, 1994, the City Council adopted Ordinance No. 94-004
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which created a City Art Fund, limited the type of art on private property to art in a physical
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hard media, and authorized expenditures from the City Art Fund for the performing arts; 16
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WHEREAS, on November 13, 1995, the City Council adopted Ordinance No. 95-
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016 establishing the criteria and the procedures for approving Architecture as Art; and
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WHEREAS, by Ordinance Nos. 2001-013 and 2001-015, the City Council
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established the Cultural Affairs Commission ("CAC") and directed that the Art in Public
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23 Places Program be implemented by the CAC; and,
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WHEREAS, the City Council adopted Ordinance No. 2002-007 which incorporated
25 changes made necessary by the establishment of the CAC and the transfer of the Art in
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Public Places and other Cultural Affairs programs from the Community Development
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28 Department to the Parks, Recreation & Community Services Department; and WHEREAS, in July 2003, the CAC and the programs under its purview were
transferred to the Community Development Department from the Parks, Recreation &
3 Community Services Department because of the direct effect upon development projects
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and the need to better coordinate implementation of the APPP and the development
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process; and
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WHEREAS, on February 9, 2004, the City Council adopted Ordinance No. 2004-004
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to address certain omissions and the change in City departments; and
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WHEREAS, with the dissolution of the Culver City Redevelopment Agency on
10 February 1, 2012, the CAC, the performing arts and certain other Cultural Affairs programs
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were transferred to the Parks, Recreation & Community Services Department while the Art
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in Public Places Program remained within the Community Development Department; and
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WHEREAS, the arts have increasingly become an important component in Culver
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City's identity, both regionally and nationally; and
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WHEREAS, the Los Angeles County Economic Development Corporation's annual
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Otis Report on the Creative Economy consistently demonstrates that the arts have a
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significant positive economic impact to overall tourism revenues in the region and is one of
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the largest employment clusters in Los Angeles County; and
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WHEREAS, periodic review and certain amendments are necessary to ensure that
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Culver City's Art in Public Places Program, Performing Arts Grant Program, and related
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cultural initiatives remain competitive with current national standards and continue to build
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upon what has been established to date.
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NOW, THEREFORE, the City Council of the City of Culver City, California, DOES
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HEREBY ORDAIN, as follows:
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-2- SECTION 1. Sections 15.06.100 through 15.06175 of the Culver City Municipal
2 Code are hereby repealed and replaced with new Sections 15.06.100 through 15.06.180
3 as follows:
1
ART IN PUBLIC PLACES
§ 15.06.100 Purpose
§ 15.06.105 Implementation by Cultural Affairs Commission
§ 15.06.110 Definitions
§ 15.06.115 Cultural Trust Fund Created
§ 15.06.120 Developments Subject to Provisions of Subchapter
§ 15.06.125 Art in Public Places Program Allocations
§ 15.06.130 Administrative and Design Fees
§ 15.06.135 Application and Approval Procedures for Placing Artwork on Private
Property
§ 15.06.140 Approval Procedures for Fulfillment of the Art in Public Places
Program Requirement for City Development Projects
§ 15.06.145 Procedure for Acceptance of Artwork Donated to the City to Fulfill the
Art in Public Places Program Requirement
§ 15.06.150 Ownership and Maintenance of Artwork
§ 15.06.155 Final City Approval
§ 15.06.160 Artwork on Public Property, Performing Arts and Purchase of Real
Property for Public Art
§ 15.06.165 Criteria for Approving Architecture as Art
§ 15.06.170 Procedure for Approving Architecture as Art
§ 15.06.175 De-Accessioning of Artwork
§ 15.06.180 Appeal
§ 15.06.100. PURPOSE.
The City Council finds and declares:
A. Cultural and artistic resources, that include visual artwork, the
performing arts, and architectural resources, enhance the quality of life for
individuals living in, working in and visiting the City.
B. Balanced development of cultural and artistic resources
preserves and improves the quality of the urban environment, increases real
property values, and has a positive economic impact.
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-3- C. As development and revitalization of real property within the
City continues, the opportunity for creation of cultural and artistic resources is
diminished. As these opportunities are diminished and urbanization occurs,
the need to develop alternative sources for cultural and artistic outlets to
improve the environment, image and character of the community is
increased.
D. The Culver City Art in Public Places Program ("APPP") was
created in 1988 so that development of cultural and artistic assets are
financed by those whose development and revitalization diminishes the
availability of the community's resources for those opportunities and
contributes to community urbanization.
§ 15.06.105. IMPLEMENTATION BY CULTURAL AFFAIRS COMMISSION.
The Cultural Affairs Commission ("CAC"), as established by Section
3.03.400 of the Culver City Municipal Code, was created in 2001 and shall
implement the duties established in this subchapter. The City Council may
prescribe, by resolution, other duties and the appointment process for the
members of the CAC.
§ 15.06.110. DEFINITIONS.
As used in this subchapter, the following definitions shall apply:
A. "Administrative Fees" include art consultant, conservator, legal
fees, travel and out-of-pocket expenses. B. "Art in Public Places Program Allocation" (also referred to as
"APPP allocation") is the percentage of the construction costs which are set
aside for the City's Art in Public Places Program.
C. "Artwork" includes but is not limited to paintings, drawings,
murals in any media, stained glass, statues, bas relief or other sculptures,
and any creation under "new genres" as defined herein; environmental
artworks or public spaces; monuments, fountains, arches or other structures
of a permanent or temporary character intended for ornament or
commemoration; integrated and functional architectural, video and other
media-based elements designed by a qualified artist. For projects which
involve no structures, artwork may include a combination of landscape
design, natural and manufactured materials including but not limited to rocks,
fountains, reflecting pools, sculptures, screens, benches, and other types of
street furniture, provided they have been designed by a qualified artist.
D. "Community Development Director" shall mean the Community
Development Director of the City or his/her designee.
E. "Conservation" encompasses actions taken toward the long-
term preservation of cultural property and includes examination,
documentation, treatment and preventative care, supported by research and
education. Restoration is a type of conservation treatment and specifically
refers to an attempt to bring cultural property closer to its original
appearance. Stabilization, also a type of conservation, refers to an attempt to
maintain the integrity of cultural property and to only minimize deterioration. F. "Cultural Affairs Commission" shall be the Commission
established in 2001 pursuant to Section 3.03.400 of this Code. Unless
otherwise specified, any reference to "Commission" in this subchapter shall
mean the Cultural Affairs Commission.
G. "De-accession" refers to the process of permanently removing
artwork acquired through the Art in Public Places Program as outlined in this
subchapter.
H. "Design Fees" include, but are not limited to, those fees which
are paid to an artist, architect, structural engineer or an appropriate party for
the development of a design concept and the preparation of construction
drawings. Design fees are separate and apart from the cost of the fabrication
and installation of an artwork.
I. "Freely Accessible" is defined to mean the artwork is accessible
to the public for viewing, in its entirety and in a direct line of sight without
hindrances or obstacles, for a period of ten (10) hours per day, seven (7)
days per week.
J. "New Genres" include, but are not limited to, sculpture, sound
installation, video, film, audio, digital, hybrid and emerging art forms. These
works may be temporary or permanent in nature.
K. "Non-Profit" shall mean those entities deemed to be exempt
under Section 501(c)(3) of the Internal Revenue Service Code.
L. "Performing Arts" is defined as performances presented by
professional or amateur performers including, theatre performance (any form
of dramatic presentation, spoken or silent); musical theatre/opera (any
-6- dramatic performance of which music is an integral part); dance (any form of
rhythmical movement); music or concert (any musical performance with live
musicians and/or singers).
M. "Permanent Installation" is defined as artwork designed and
fabricated to remain installed for 20 or more years.
N. "Project" (also referred herein as "Development Project") is
defined as consisting of all physical changes and improvements necessary to
complete a development. Such physical changes shall include the
construction of new structures or the remodeling of existing structures.
0. "Real Property" shall mean that which consists of land, and of
all rights and profits arising from and annexed to land, of a permanent,
immovable nature.
P. "Qualified Artist" (also referred herein as "Artist") shall be
defined as a practicing artist who has demonstrated a high level of
accomplishment through a body of work, exhibitions, presentations, or
performances. The qualified artist shall have a history of strong conceptual
development, as well as possess the ability for skillful execution of tools,
materials, and craft. This includes programs rooted in innovative uses of
technology, collaborative work, or interdisciplinary projects. The qualified
artist shall have a BFA, MFA or other comprehensive advanced training in the
visual arts and work primarily in the production of art in unique or limited
editions and not for purposes of marketing, mass production or advertising.
Q. "Temporary Installation" is defined as artwork intended to
remain installed for 3 years or less.
-7- § 15.06.115. CULTURAL TRUST FUND CREATED.
A. There is hereby created a fund to be known as the "Culver City
Cultural Trust Fund" (hereinafter "Cultural Trust Fund") to account for fees
paid pursuant to this subchapter. This fund, maintained by the Chief
Financial Officer, and subject to Sections 15.06.040 and 15.06.050, shall be
used solely:
1. For the design, acquisition, commission, installation,
improvement, relocation, conservation, utility charges and insurance of
artwork acquired by the City through the APPP;
2. For preventative care, maintenance and utility charges
related to the artwork and real property purchased pursuant to
Subsection 15.06.115.A.1; provided, that the total amount of the
appropriation made in any year from the Cultural Trust Fund for the
purpose set forth in this Subsection 15.06.115.A.2 shall not exceed
fifteen percent (15%) of the total fees deposited into the Cultural Trust
Fund, pursuant to this subchapter, during the fiscal year immediately
preceding that appropriation. The City Council, with a
recommendation by the Cultural Affairs Commission, may appropriate
additional funds from the Cultural Trust Fund for the purpose of
completing larger conservation efforts, including restoration projects,
for one or more artworks;
3. To sponsor or support the performing arts; 4. For the acquisition and improvement of real property for
the purpose of displaying artwork, which has been or may be
subsequently approved by the City;
5. For costs associated with administering The Art in Public
Places Program and associated cultural programs, in an amount not to
exceed fifteen percent (15%) of the total fees deposited into the
Cultural Trust Fund, pursuant to this subchapter, during the fiscal year
immediately preceding that appropriation; however, in the event the
City Council determines that a special circumstance exists, the City
Council may set a higher amount by a majority vote; and
6. Other City-produced cultural programs pursuant to the
requirements of this subchapter.
B. If real property purchased with monies from the Cultural Trust
Fund is subsequently sold, the proceeds from the sale shall be returned to
the Cultural Trust Fund.
§ 15.06.120. DEVELOPMENTS SUBJECT TO PROVISIONS OF
SUBCHAPTER.
A. All new residential development projects of five or more units,
and all commercial, industrial, and public building development projects, with
a building valuation of Five Hundred Thousand Dollars ($500,000.00) or more
shall be subject to the provisions of this subchapter.
B. Including but not limited to exterior and interior modifications
and additions, all remodeling of existing residential buildings of five or more units, and all remodeling of existing commercial, industrial and public
buildings, shall be subject to the provisions of this subchapter when such
remodeling has a valuation of Two Hundred Fifty Thousand Dollars
($250,000.00) or more, excluding earthquake rehabilitation required by this
Code for seismic safety.
C. Covenanted low- and moderate-income and senior citizen
housing shall be exempted from the requirements of this subchapter for as
long as it is used for that purpose.
1. The APPP allocation for a development project that
includes residential units covenanted for low- or moderate-income
households or for senior citizens shall be reduced by the value of the
square footage of the covenanted units and associated spaces (such
as parking).
2. Prior to the date any restrictions regarding residential
units covenanted for low- or moderate-income households or for senior
citizens terminate, the then current owner of the development shall pay
fees to the Cultural Trust Fund in an amount equal to the exemption
calculated in Subsection 15.06.120.C.1.
D. Buildings which are designed and dedicated primarily to non-
profit performing arts spaces or museum uses shall not be required to meet
the Art in Public Places Program Allocation requirement for as long as the
performing arts or museum uses are maintained within these buildings. § 15.06.125. ART IN PUBLIC PLACES PROGRAM ALLOCATIONS.
A. The APPP allocation, as used in this subchapter, is the
percentage of the construction costs which is set aside for the City's APPP
and shall be an amount equal to one percent (1%) of the total building permit
construction valuation for an applicable project, excluding land acquisition
costs. The total building permit construction valuation used for determining
the APPP allocation shall be based on the latest building construction
valuation data used by the Building Safety division staff, based on R.S.
Means Square Foot Costs, unless, in the opinion of the Building Official, a
different valuation methodology is more appropriate for a particular project.
B. Multiple building permits issued within a three year period for a
single project shall be considered in the aggregate in determining the APPP
allocation.
C. If the total APPP allocation for a project is less than $75,000,
the applicant shall pay their APPP allocation into the Cultural Trust Fund as
the only option for complying with the APPP requirement.
D. Payment of any required APPP allocation shall be received prior
to issuance of a City building permit.
E. If the APPP allocation is $75,000 or greater, the applicant shall
either:
1. Pay the APPP allocation into the Cultural Trust Fund
prior to issuance of a City Building Permit ("in-lieu fee"); or
2. Commission original, site-specific artwork for the
applicant's development project, with a valuation equal to or greater than the APPP allocation, in compliance with the guidelines of this
subchapter; or
3. Donate artwork to the City with an appraised value equal
to or greater than the APPP allocation, in compliance with the
guidelines of this subchapter; or
4. Incorporate a Cultural Facility into the applicant's
development project, in compliance with the guidelines of this
subchapter; or
5. Have the building or a portion thereof designated
"Architecture as Art," in compliance with the guidelines of this
subchapter.
F. Any applicant whose APPP allocation is less than $75,000 may
voluntarily increase their APPP allocation to an amount of $75,000 or greater,
and thereby qualify the applicant to fulfill the APPP requirement pursuant to
Subsection 15.06.125.E.
G. If the APPP allocation is $75,000 or greater, the applicant may
place an approved artwork, create a Cultural Facility, donate artwork, or
designate their building "Architecture as Art" with acquisition and installation
costs totaling less than the applicant's APPP allocation; provided that, such
costs are at least $75,000 and that the applicant also pay the difference
between its APPP allocation and such costs into the Cultural Trust Fund.
H. For the commission of new on-site artwork, applicants are
required to use a Request for Proposal ("REP") process for selecting an artist
when the APPP allocation exceeds $100,000. The applicant shall also hire a
-12- qualified art consultant to assist with the RFP process, proposal
development, and project oversight. The art consultant shall be selected from
a pre-qualified list provided by the City. The CAC Public Art subcommittee
and staff shall review the art consultant and RFP information with the
applicant prior to releasing the RFP.
The RFP will include the following components:
1. Deadline for submission of requested information;
2. Information on development project components,
including but not limited to goals for the development project and the
artwork, scope of work, physical description of project site and other
physical or legal restrictions which may apply;
3. Proposal review/selection schedule;
4. Scope of services;
5. Artwork budget;
6. Development project and artwork timelines; and,
7. Evaluation criteria.
I. If the APPP allocation is $75,000 or greater, the applicant may
opt to fulfill the APPP requirement by incorporating a Cultural Facility within
the development project. In order to ensure integrated projects, applicants
shall submit plans to the Community Development Director during Preliminary
Project Review (PPR) or prior to receiving any discretionary review approvals.
The only acceptable Cultural Facilities are: indoor and outdoor performing
arts spaces that can accommodate a minimum audience of 50, with a
performance area of at least 500 square feet, or exhibition spaces designed
-13- for the visual arts. Cultural Facilities must include all amenities for supporting
a performance or art exhibition space, including a sound and lighting system,
audience seating, separately designated restrooms, and technical space.
Cultural Facilities shall be permanent and must be ADA-compliant. Further,
the facility must be made available to the recipients of the Culver City
Performing Arts Grant Program and Culver City-based visual and performing
arts organizations at rental rates no higher than other local arts venues.
Cultural Facilities must be specifically designated as such and cannot be
used for any other purpose on an on-going basis. Applicants may receive
credit for up to three years of operations, maintenance and programming
costs for Cultural Facilities, together with construction costs, toward fulfillment
of the minimum APPP allocation for their project. The applicant's proposal for
a Cultural Facility shall include a plan that identifies key staff, programming
goals and an associated budget for a minimum of three years. The proposal
shall be approved by the Cultural Affairs Commission, monitored by
designated City staff, and subject to all applicable federal, state and local
laws and regulations. Review and approval of Cultural Facilities shall include
review by a CAC subcommittee with a recommendation to the full CAC.
Cultural Facilities are required to display a permanent plaque as outlined in
Subsection 15.06.155.F.3 and are subject to the covenant and maintenance
requirements of Section 15.06.150. § 15.06.130. ADMINISTRATIVE AND DESIGN FEES.
In those instances covered by Subsections 15.06.125.E, 15.06.125.H
or 15.06.125.1, the following shall apply:
A. Total Administrative Fees shall not exceed 15% of the APPP
allocation or $100,000, whichever is less.
B. Design fees must be proportionate to the overall scope of the
budget.
§ 15.06.135. APPLICATION AND APPROVAL PROCEDURES FOR
PLACING ARTWORK ON PRIVATE PROPERTY.
A. In order to ensure integrated projects, applicants choosing to
commission new artwork for their project shall submit plans to the Community
Development Director during Preliminary Project Review (PPR) or prior to
receiving any discretionary review approvals. At a minimum, the following
information shall be included:
1. Preliminary sketches, photographs or other
documentation of sufficient descriptive clarity to indicate the nature of
the proposed artwork;
2. Preliminary plans containing such detailed information as
may be required by the Community Development Director to
adequately evaluate the location of the artwork in relation to the
proposed development, including compatibility with the character of
adjacent conforming developed parcels and the existing neighborhood.
Applicants should be involved in the development of the preliminary plans in order to assist in the proper placement of the artwork in
relation to their proposed development environment, and to ensure
that the artist that is chosen creates an artwork that fits the needs and
requirements of both the applicant's project and the APPP.
B. Upon receipt of discretionary review approvals, applicants shall
prepare the following in preparation for Cultural Affairs Commission review:
1. A narrative proposal, with the artwork's budget and
timeline. Elevations, site plans, line of sight studies, renderings and
other descriptive materials, as deemed necessary by the Community
Development Director, shall be included to demonstrate that the
artwork will be displayed in an area open and freely accessible to the
general public.
2. Information provided by a conservator affiliated with the
American Institute for Conservation ("AIC") about the durability of the
proposed materials, recommendations for future maintenance and
estimated maintenance costs. In addition, the application shall include
information on how the future maintenance costs will be allocated and
identify the party responsible for ensuring that maintenance is
performed; and,
3. If applicable, an appraisal or other evidence of the value
of the proposed artwork, including acquisition and installation costs.
C. The Cultural Affairs Commission shall review the completed
application together with the recommendation of the Community
Development Director and CAC Public Art subcommittee, and approve,
-16- approve with conditions, or deny the proposed artwork, and its proposed
location, considering the aesthetic quality and harmony with the proposed
project, and the public accessibility of the artwork.
D. Submitted artwork applications shall be assessed on:
1. Compliance with the general APPP requirements as
outlined in this subchapter;
2. Artistic quality;
3. Conceptual compatibility of the design with the
immediate environment for the site;
4. Appropriateness of the design to the function of the site;
5. Creation of a desirable environment for the general
community by the design and location of the artwork;
6. Preservation and integration of natural features with the
project;
7. Appropriateness of the materials, textures, colors, and
design to the expression of the design concept;
8. Ability to convey the artist's intention and underlying
themes;
9. Whether the artwork is representative of a broad variety
of tastes within the community and makes a contribution to the
provision of a balanced inventory of artworks commissioned through
the APPP;
10. Permanence of structural and surface components
including, but not limited to, the structural and surface soundness and
-17- inherent resistance to theft, vandalism, weathering, and excessive
maintenance or repair costs.
E. Disqualifying characteristics for artwork:
1. Directional elements such as super graphics, signage, or
color coding except where these elements are integral parts of the
original artwork or executed by the artist in unique or limited editions;
2. Artwork that incorporates logos, images, text or other
elements that relate directly to a specific business's or organization's
branding or marketing themes;
3. Art objects which are mass-produced and of standard
design such as playground equipment or fountain pieces;
4. Reproduction of original artworks, except in cases where
incorporated into an original artwork;
5. Decorative or functional elements which are designed by
the building architect as opposed to a qualified artist;
6. Landscape design except where it is designed by a
qualified artist and is an integral part of the artwork;
7. Architectural rehabilitation, historic preservation and
structural building modifications;
8. Temporary art exhibitions, unless included with a Cultural
Facility as outlined in Subsection 15.06.125.1;
9. Educational activities;
10. Artwork designed by City elected or appointed officials,
City staff or members of their immediate family, members of the
-18- project architect's firm or immediate family members, individuals
directly associated with the development team or immediate family
members of the property owner/applicant, or any individuals with
whom the property owner and/or applicant may have an interest in
common; and,
11. Artwork designed by an artist who has received a prior
permanent public art commission through the City's Art in Public
Places Program, if the contract for said commission was executed
within the last ten years.
F. If the applicant proposes significant revisions to the artwork, a
revised application shall be submitted to the Community Development
Director for review and recommendation to the Cultural Affairs Commission.
The Commission shall make a determination whether to approve, approve
with conditions or deny the requested revision(s).
§ 15.06.140. APPROVAL PROCEDURES FOR FULFILLMENT OF THE ART
IN PUBLIC PLACES PROGRAM REQUIREMENT FOR CITY
DEVELOPMENT PROJECTS.
A. All City-initiated projects subject to the requirements of this
subchapter shall follow the same requirements as development projects on
private property, with the exception of the requirement to pay an in-lieu fee
into the Cultural Trust Fund if the APPP allocation is less than $75,000. The
APPP allocation shall be included in the development project budget and
appropriated from the development project funding sources. The APPP
allocation may be supplemented with money from the Cultural Trust Fund
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Council approval,
B. Depending on the scope of the development project and/or
overall budget, the City may employ a Community Advisory Committee and/or
Artist Selection Panel, an RFQ and/or RFP process and/or the services of a
qualified art or theatre consultant. Both the Community Advisory Committee
and Artist Selection Panel shall include a combination of professional artists,
arts and design professionals, community representatives or stakeholders
and City department representatives.
§ 15.06.145. PROCEDURE FOR ACCEPTANCE OF ARTWORK DONATED
TO THE CITY TO FULFILL THE ART IN PUBLIC PLACES
PROGRAM REQUIREMENT.
A. An application for acceptance of artwork to be donated to the
City for placement on public property shall be submitted to the Community
Development Director and shall include the following information, at
minimum:
1. Artist biography and object provenance;
2. Sketches, photographs, models, or other documentation
of sufficient descriptive clarity to indicate the nature of the proposed
artwork and installation and siting requirements;
3. Acquisition and installation costs;
4. An appraisal or other evidence of the value of the
proposed artwork. The value of the proposed artwork will be
determined by an Accredited Member or Accredited Senior Appraiser
-20- of the American Society of Appraisers, or a member of another
established national or international organization for appraisers;
5. Information provided by an American Institute for
Conservation ("AlC") affiliated conservator about the durability of the
proposed materials, recommendations for future maintenance and
estimated maintenance costs; and,
6. If applicable, a written agreement, in a form approved by
the City Attorney, executed by or on behalf of the artist who created
the artwork which provides the City necessary protections as permitted
under applicable law.
B. Review of application:
1. Completed applications shall be submitted to the
Community Development Director who, together with the CAC Public
Art subcommittee, makes a recommendation to the Cultural Affairs
Commission.
2. The Cultural Affairs Commission shall in turn make a
recommendation to the City Council, which shall have the sole
authority to accept or reject or conditionally accept the donation.
C. All artwork donated to the City in fulfillment of the requirements
of this subchapter shall become the property of the City upon acceptance by
the City Council. § 15.06.150. OWNERSHIP AND MAINTENANCE OF ARTWORK.
A. All artwork placed on the site of an applicant's project shall
become the property of the property owner and his/her successor(s) in
interest. Artwork cannot be sold or transferred other than to a subsequent
successor in interest. The obligation to provide maintenance and security, as
necessary to preserve the artwork in good condition, shall remain with the
owner of the site.
B. Maintenance of artwork, as used in this section, shall include
without limitation: preservation of the artwork and, where applicable, of the
lighting and surrounding landscaping, in good condition to the satisfaction of
the City; protection of the artwork against physical defacement, mutilation or
alteration; and, securing and maintaining fire and extended insurance and
vandalism coverage in an amount to be determined on a case-by-case basis
by the City.
C. Prior to placement of an approved artwork, the applicant and
the owner of the site shall execute and record a covenant reflecting all the
owners' obligations under this subchapter, in a form approved by the City.
D. The covenant shall include a financial plan for the maintenance
of the artwork, a schedule of future condition checks, preventative
maintenance and restoration of the artwork necessary to conserve the
artwork at an appropriate level, and should be created with input from the
artist, the applicant, the Cultural Affairs Commission, and an Art Consultant, if
one was hired for the project. E. Applicants are required to set-aside funds for future
conservation and, where possible, in interest bearing accounts. Preventative
maintenance costs may represent from 5% to 15% annually of the total APPP
allocation but shall be based on conservation reports prepared by a
professional art conservator working with the artist and the artist's fabricator.
Funds for maintenance are not part of the APPP allocation.
F. The City reserves the right to inspect the artwork at any time to
ensure it is being maintained as required by any covenant entered into
pursuant to the provisions of Subsection 15.06.150.C.
G. Failure to maintain the artwork as provided herein is hereby
declared to be a public nuisance. The City may pursue remedies to obtain
compliance with the provisions of the APPP for maintenance of artwork,
including subjecting the property owner to administrative citation and/or
misdemeanor prosecution; Placing conditions for maintenance of an artwork
on the owner's future development project approvals; performing all
necessary repairs, maintenance or securing insurance and placing a lien
against the involved property for the costs associated with such.
H. The artwork is to remain freely accessible, as previously
defined, and may not otherwise be draped or obscured.
I. The siting of the artwork, including the surrounding landscaping
or adjacent area, shall not be altered without approval from the City. The City
reserves the right to implement measures necessary to preserve the design
and placement of an artwork as approved by the Cultural Affairs Commission. J. Unless an artwork poses imminent danger to life or property, no
person or entity shall remove any artwork from the location for which it was
selected, and anyone needing to do so shall obtain City approval prior to
doing so.
K. The applicant, its successors, and its assigns, may not destroy,
permanently remove, relocate, change, alter, modify, or allow to be defaced,
any artwork or portion thereof without the express consent of the City. This
requirement will be included in the covenant to be recorded against the
property.
L. If any approved artwork placed on private property pursuant to
this subchapter is removed without City approval, the artwork must be
replaced with artwork of the same value as that of the removed artwork and
be approved by the CAC or the property owner must pay the value of the
removed artwork into the Cultural Trust Fund. If these requirements are not
met within 180 days, then the Certificate of Occupancy is revoked or a lien is
placed against the involved property.
§ 15.06.155. FINAL CITY APPROVAL.
No final City approval or Certificate of Occupancy for any project
subject to this subchapter shall be granted or issued unless and until full
compliance with the APPP is achieved as follows:
A. In lieu art fees have been paid, if applicable;
B. The approved artwork has been fabricated and placed on the
project site in a manner consistent with the proposal approved by the
-24- Cultural Affairs Commission and inspected by the CAC and/or Cultural
Affairs staff, if applicable;
C. Donation of an approved artwork has been accepted by the City
Council, if applicable;
D. A Cultural Facility has been incorporated into the applicant's
development project, if applicable;
E. The building or a portion thereof has been designated
"Architecture as Art," if applicable.
F. In cases where approved artwork is placed on private property,
a Cultural Facility has been incorporated into the applicant's development
project or a building has been designated "Architecture as Art" pursuant to
this subchapter, all of the following must occur prior to final City approval or
issuance of a Certificate of Occupancy for any project subject to this
subchapter:
1. A copy of the maintenance guidelines that include
information on materials, parts and fabricator contact information has
been submitted to the City;
2. A covenant, complying with Subsection 15.06.150.0 and
setting forth the applicant's obligations under the APPP, has been
executed and recorded with the Los Angeles County Recorder;
3. A plaque has been installed adjacent to the artwork
measuring no less than 8" x 8" or a proportionate size. The plaque
shall be made of cast metal, stainless steel or other durable material
and will be placed in an appropriate location near the artwork and shall
-25- include the date, title of artwork (if applicable), artist(s) or architect(s)
(as applicable), and should indicate that the artwork, building's
architecture or Cultural Facility was commissioned in conjunction with
the Culver City Art in Public Places Program. Staff shall review and
approve plaque text and layout prior to its fabrication and installation at
the site; and,
4. Proof of final payment to the artist and/or all members of
the design and fabrication/installation team has been furnished to the
City.
§ 15.06.160. ARTWORK ON PUBLIC PROPERTY, PERFORMING ARTS
AND PURCHASE OF REAL PROPERTY FOR PUBLIC ART.
A. The Cultural Affairs Commission shall prepare a plan for the Art
in Public Places Program and update it annually through the budget process.
B. The Cultural Affairs Commission may recommend to the City
Council the purchase of artwork to be displayed on public property,
recommend support for the performing arts, and the purchase and
improvement of real property to be used for the display of artwork. A
recommendation shall include the following information:
1. The type of artwork considered, an analysis of the
constraints applicable to placement of the artwork on a site, the need
for and practicality of the maintenance of the artwork, and the costs of
acquisition and installation of the artwork; or
2. The type of performance and amount recommended; or 3. The estimated costs of acquisition and improvements of
the real property proposed to be purchased.
C. The Cultural Affairs Commission is authorized to review the
performing arts grant applications and make a recommendation to the City
Council up to the amount authorized in the City budget for the fiscal year for
which the projects are being considered.
D. An expenditure from the Cultural Trust Fund may be made for
the performing arts provided the City Council approves the performing arts
event and that the performance occurs at a location in the City, or location
owned or controlled by the City, or at an alternative site which is located
within close proximity to the corporate boundaries of the City and which has
facilities for performing arts that complement or supplement those available
within the City.
E. No more than 25% of deposits made in any one year into the
Cultural Trust Fund may be allocated from the Cultural Trust Fund for
performing arts in the subsequent year unless this amount is less than
$25,000, in which case a minimum of $25,000 may be allocated. Eligible
activities include City-produced performing arts events and grants to
performing arts organizations as subject to the release of a Notice of Funding
Availability ("NOFA") and review of applications by the Cultural Affairs
Commission and approval by the City Council.
F. In order to attract more cultural users to City-owned and City-
operated facilities, up to $10,000 per year may be allocated from the Cultural Trust Fund for capital improvements to enhance the performance area of
such facilities.
§ 15.06.165. CRITERIA FOR APPROVING ARCHITECTURE AS ART.
The following criteria shall be used to determine, on a case-by-case
basis, whether architecture can be considered art for purposes of fulfilling the
City's APPP requirement:
A. The architect shall be internationally recognized and have
earned a respectable reputation in both the design and visual art
communities and have exhibited their work in major regional, national or
international museums.
B. When reviewing architecture as art, the underlying concept of
the architecture shall be expressive as more than mere utilitarian
architecture. The architecture as a whole, or certain architectural features,
shall express ideas or meaning and have cultural significance or conceptual
complexity in relation to the totality of the object.
C. The applicant must be able to demonstrate how the APPP
allocation enhances the design of their project.
§ 15.06.170. PROCEDURE FOR APPROVING ARCHITECTURE AS ART.
The following procedure must be followed by the applicant to fulfill the
APPP requirement with the building's architecture:
A. An applicant shall make an initial presentation to the CAC
Public Art sub-committee and staff prior to the development application being
-28- deemed complete. The applicant must submit a maquette and/or other
materials which satisfactorily illustrate the proposed conceptual development.
The applicant and architect must submit a conceptual statement expressing
why the architecture should be considered art, including an explanation of the
ideas, meaning, cultural significance or conceptual complexity expressed in
the architecture.
B. A second presentation shall be made at the completion of the
City's review and approval process for the project to a panel comprising two
commercial architects, one visual artist, one visual arts administrator, and
one general design professional such as a landscape architect or commercial
interior designer. At least one of the panel members shall be a Culver City
business owner or resident. The panel shall make a recommendation to the
CAC Public Art subcommittee whether to accept the project under
Architecture as Art and the subcommittee will then make a recommendation
to the Cultural Affairs Commission for consideration.
C. The applicant and architect shall demonstrate that high quality
materials and craftsmanship will be used in the execution of the construction.
D. If all of the foregoing criteria are met, the Cultural Affairs
Commission shall approve the Architecture as Art, only if, in its judgment, the
architectural work is of extremely high artistic merit and would make a
substantial cultural contribution to Culver City.
E. The applicant and/or architect shall have the responsibility to
demonstrate that all of the foregoing criteria are met. § 15.06.175. DE-ACCESSIONING OF ARTWORK.
A. The City will allow the de-accessioning of artwork acquired or
commissioned through the Art in Public Places Program only when it is in the
public interest and serves as a means of improving the quality of the overall
APPP collection;
B. De-accessioning should be considered only after 5 years
following the acceptance of artwork donated to the City or the installation of
permanent art commissioned through the APPP. The need for temporary
removal from public display does not necessitate de-accession. In instances
where the artwork considered for de-accession is on private property, the
Cultural Affairs Commission shall make the final decision. When the artwork
is installed on public property or is City-owned, the Cultural Affairs
Commission shall make a recommendation to the City Council which will
make the final decision.
C. After de-accession has been approved by the Cultural Affairs
Commission or the City Council, if the artwork is sold, all proceeds from sale
of artwork, minus payment to the artist under California Resale Royalties Act,
will be used for the exclusive purpose of acquiring replacement artwork for
the site or be paid into the Cultural Trust Fund. If the artwork was on private
property, the then property owner shall replace the de-accessioned artwork
with an artwork of equal or greater value or pay an in-lieu fee equivalent to
the cost of the artwork to the Cultural Trust Fund.
D. Circumstances that may cause review of artwork for de-
accessioning:
-30- 1. The artwork is a threat to public safety, or the
condition/security of the work cannot be guaranteed;
2. The owner cannot properly care for the artwork, or the
artwork requires an excessive or unreasonable amount of
maintenance;
3. The artwork has serious or dangerous faults in design or
workmanship, the condition of the artwork requires restoration costs in
gross excess of its monetary value or is in such a deteriorated state
that restoration is either unfeasible, impractical, or would render the
artwork to be false;
4. A similar but superior example exists in the collection;
5. The artwork is a forgery;
6. No suitable site for the artwork is available;
7. A significant adverse reaction to the artwork is
documented over 5 years or more;
8. The artwork is judged to have no aesthetic, historical or
cultural value;
9. The owner wishes to replace an artwork with a more
appropriate work by the same artist;
10. The artwork can be sold to finance, or can be traded for,
an artwork of greater importance;
11. A written request from the artist to remove the artwork
from public display has been received and approved by the City;
12. The artwork is not or is rarely displayed; or
-31- 1
13. The artwork is incompatible with the rest of the collection.
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§ 15.06.180. APPEAL.
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Any person may seek review of a decision of the Cultural Affairs
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Commission by filing a written appeal with the City Clerk's Office within ten
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(10) working days of the decision by the Commission. The City Clerk's Office
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shall coordinate with the Community Development Director to schedule the
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appeal hearing before the City Council.
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SECTION 2. In any case where a development project has an approved entitlement
12 and/or been issued a City building permit prior to the effective date of this Ordinance,
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compliance with Subsections 15.06.125.C, 15.06.125.F, 15.06.125.G and 15.06.125.H of
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15 this Ordinance shall be voluntary.
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SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take
17 effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of
18 the City Charter, prior to the expiration of fifteen days after the adoption, the City Clerk
19 shall cause this Ordinance, or a summary thereof, to be published in the Culver City News
20 and shall post this Ordinance or a summary thereof in at least three places within the City.
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SECTION 4. The City Council hereby declares that, if any provision, section,
23 subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared
24 invalid or unconstitutional by any final action in a court of competent jurisdiction or by
25 reason of any preemptive legislation, then the City Council would have independently
26 adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases
27 or words of this ordinance and as such they shall remain in full force and effect.
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-32- I
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4 APPROVED AND ADOPTED this day of , 2013.
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13 ATTEST:
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15 Martin Cole, City Clerk
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Andrew Weissman, Mayor
APPROVED AS TO FORM:
Carol A. Schwab, City Attorney
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