CITY OF OJAI ARTS COMMISSION Ojai City Hall, City Council Chambers Thursday, March 17, 2016 Regular Meeting - 6:30 p.m.
AGENDA 1.
2.
ROLL CALL & PLEDGE OF ALLEGIANCE
PUBLIC COMMENT The Arts Commission will receive comments from the public at this time for items not on the agenda. Other than for emergency items on the agenda, no response will be given or action will be taken during this period. Matters raised at this time requiring Commission action will be placed on a subsequent agenda. When addressing the Commission, please state your name and address, and please limit your comments to three (3) minutes.
3.
APPROVAL OF MINUTES A. Minutes of the regular meeting of the Ojai Arts Commission of February 18, 2016.
4. DISCUSSION & ACTION ITEMS A. Request for Public Art Waiver for 602 East Oak Street (Mountain Vista Manor) Recommendation: Consider request and make a recommendation to City Council on whether to grant a waiver to allow payment of an in-lieu fee to the City's Public Art Fund.
B. Request for Public Art Waiver for 409 Fox Street, Building Permit No. 15-488 Recommendation: Consider request and make a recommendation to City Council on whether to grant a waiver to allow payment of an in-lieu fee to the City's Public Art Fund.
C. Artist Mentor Program Committee (Stobo): Receive report.
D. City Gallery Committee (Stobo): Receive report.
E. Public Relations Committee (Lewis): Receive report.
F. Arts Grants Committee (Conrad): Receive committee report.
G. Awards Committee (Addison): i. Receive committee report Determine new award for Lifetime Achievement in the Arts ii. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, call (805) 646-5581. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Page 1 of 2
CITY OF OJAI ARTS COMMISSION Ojai City Hall, City Council Chambers Thursday, March 17, 2016 Regular Meeting - 6:30 p.m.
H. Public Art Committee (Golden): i. Receive committee report. (Golden) ii. Discussion on Letter to City Council regarding Public Art Program. (Golden) iii. Request to Add Liaison to the Planning Commission. (Golden) iv. Request to Add Alternates for the Committee to Approve Public Art. (CAPA): Golden v. Report on Projects Subject to Public Art Requirements (McClary)
I. Art Acquisitions Committee (Harmon):
J. ARTSOjai Education Committee (Balderman):
K. Budget Report (McClary): i. Receive report. ii. Discuss request to City Council for FY 16/17 Arts Commission Budget.
5. STAFF LIAISON REPORT iii. Libbey Bowl Update
6.
CQMMISSIONER CQMMENTS
7.
CITY COUNCIL LIAISON REPORT
8.
ADJOURNMENT (Tentatively adjourn to the next regular meeting on Thursday, April 21, 2016 at 6:30 p.m. at Ojai City Hall.)
ATTEST TO POSTING:
ikAA-2_ca Steve McClary, Interim City Menager
ao
Jo At.
Date and Time Posted
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, call (805) 646-5581. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Page 2 of 2
MINUTES CITY OF OJAI ARTS COMMISSION FEBRUARY 18, 2016 Chair Michael Addison called the special meeting of the Arts Commission to order on Wednesday, February 18, 2016 at 6:31 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura St., Ojai, California. 1. ROLL CALL On the call of the roll the following Commission Members reported present: Michael Addison, Bobbi Balderman, Roger Conrad, Christine Golden, Linda Harmon, and Mark Lewis. Absent: Heather Stobo. Also present: Staff Liaison Steve McClary and City Council Liaison Mayor pro tern Weirick. PLEDGE OF ALLEGIANCE - Commissioner Golden 2.
PUBLIC COMMENT
Leonard Klaif announced upcoming events at the Art Center. Ojai City Librarian Ron Solorzano introduced himself. 3.
ELECTION OF COMMISSION CHAIR AND VICE CHAIR
Chair Addison asked for nominations for Vice Chair. Commissioner Balderman nominated Vice Chair Linda Harmon. Commissioner Conrad nominated Commissioner Mark Lewis. Commissioner Lewis respectfully declined. Chair Addison asked for nominations for Chair. Commissioner Balderman nominated Michael Addison. Chair Addison asked if there any other nominations. nominations.
There were no other
MOTION: It was moved by Commissioner Lewis, seconded by Commissioner Golden to appoint Chair Addison as Chair and Vice Chair Harmon as Vice Chair. The vote was unanimous to appoint the two as mentioned above. 4.
APPROVAL OF MINUTES
A.
Minutes of the regular meeting of the Ojai Arts Commission held January 13, 2016.
Arts Commission Minutes
Page 2 of 6
February 18, 2016
MOTION: It was moved by Vice Chair Harmon, seconded by Commissioner Conrad to approve the minutes for January 13, 2016. On roll call the vote was: AYES: Addison, Balderman, Conrad, Golden, Harmon, Lewis, Stobo NOES: None ABSTAIN: None ABSENT: None 5.
DISCUSSION & ACTION ITEMS
A. Request for Public Art Waiver for 409 Fox Street, Building Permit No. 15-488 Commissioner Golden read "in regards to this project, the applicant is requesting that all aspects of the project be exempt including the carports which are not "Green" elements. The art fee was calculated on just the carports and did not include the solar panels or the micro turbine. Currently the Public Art fee calculated on BP 15-488 is $6,445.00." She said the Public Art Committee believes the calculation is incorrect. The figure cannot be based on anything but the California code. She is going to recommend that this be sent back to the Community Development Department for recalculation. Chair Addison said the important thing to note is the code as written is not being applied and the fee waiver request was not brought before the Art Commission or CAPA to consider. Vice Chair Harmon asked "where is the line drawn". If this fee waiver is allowed for green energy saving reasons, then what is to stop people from asking for waivers on other energy saving devices/equipment? Commissioner Golden said OVAC is asking to put an in-lieu fee into the City's Public Art Fund, but she feels the amount calculated is wrong. She wanted to table this until the correct fee can be determined. Commissioner Lewis said the code states the Public Art Program allocation, as set by the municipal code, shall be the percentage of the building cost which is set aside for the acquisition and installation of approved artwork and shall be an amount equal to two (2%) percent of the first One Million and no/100ths ($1,000,000.00) Dollars and one (1%) percent of any excess over One Million and no/100ths ($1,000,000.00) Dollars of the total building valuation for a covered project. The total building valuation shall be computed using the latest building valuation data as set forth by the International Code Council (ICC) unless, in the opinion of the Arts Commission, a different valuation measure should be used. It is the Arts Commission responsibility to ensure the requirement of the Public Art Code is being followed.
Arts Commission Minutes
Page 3 of 6
February 18, 2016
Commissioner Stobo asked if the motion is approved will work on the project stop. Commissioner Golden said the project has been allowed to move forward under its Phase I permit. Her concern is not to cripple the Public Art process by setting precedence with approving this fee waiver. Vice Chair Harmon asked if the motion should include the corrected amount comes back to the Commission to consider whether or not to waive. Commissioner Conrad said this process was handled badly. He said the request should have come before the Commission to decide whether or not to remove the green equipment from the calculation. Chair Addison agreed the request should have come before the Commission before the City Council. MOTION: It was moved by Commissioner Golden, seconded by Commissioner Lewis to table the request to grant a waiver to allow payment of an in-lieu fee to the City's Public Art Fund until a re-evaluation of the fee calculation can be preformed according to the language in the code (no green exclusion). On roll call the vote was: AYES: Addison, Balderman, Conrad, Golden, Harmon, Lewis, Stobo NOES: None ABSENT: None ABSTAIN: None Commissioner Golden read "staff has reviewed the exceptions and does not find that there currently exists a method to exempt this project. As such if the City Council desires to establish an exempt for "Green" Projects, staff would recommend that the City Council give direction to staff to bring back Municipal Code Amendment to the exempt section adding to the list of exemptions any solar element or installation of any mechanical device utilized solely for the generation of energy (micro turbines or windmills)." She wanted to place on the next agenda for discussion that the Commission not recommend exempting "green" projects. B. City Gallery Committee Commissioner Stobo said the committee is working on the next show (new acquisitions). Commissioner Conrad said the lights in the gallery are being installed. Some lights were incorrect and need to be sent back. C. Public Relations Committee Commissioner Lewis said a press release was issued seeking mentor applicants and a bio on Linda Taylor has been created.
Arts Commission Minutes
Page 4 of 6
February 18, 2016
Arts Grants Committee D. Commissioner Conrad said all the grants have been funded. Awards Committee E. Chair Addison referred to the examples of glass awards in the packet and showed examples of work from local printer Norman Clayton. Commissioner Conrad felt the medallions were the traditional award given to "Lifetime Achievement Award". He was reluctant to let this go. Staff said it has become problematic to get the medallions. Vice Chair Harmon preferred the letter press printing. Commissioner Stobo preferred the letter press printing. Chair Addison liked using a local artist. MOTION: It was moved Vice Chair Harmon, seconded by Commissioner Golden authorizing Chair Addison to contact Norman Clayton to get a cost estimate on creating awards for the "Lifetime Achievement Award". The Commission voted unanimous to approve the motion. Public Art Committee F. Commissioner Golden gave an update on the lizard art work, lady bug and archway for the Libbey playground project. She said the artist is hoping to have it installed by the end of March. She asked if it was okay to approach the "Art in the Park" to have a ribbon cutting in conjunction with their event. The Commission agreed. She said she is going to go before the Planning Commission to explain the Public Art Code. She said the code does not allow for an alternate to be appointed to CAPA. So when the representative is absent, the decision making process is awkward. Mayor pro tern Weirick said he asked the City Attorney if the Commission Chair could appoint temporary people to sit on CAPA. He will forward information to the Chair for discussion at the next meeting. Deputy City Manager gave an update on projects requiring public art. G. Art Acquisitions Committee Vice Chair Harmon reported on the art the committee wishes to acquire. MOTION: It was moved by Vice Chair Harmon, seconded by Commissioner Lewis authorizing the Acquisitions Committee to acquire the art by Christine Brennan for $3,000. The Commission approved the motion unanimously.
Arts Commission Minutes
Page 5 of 6
February 18, 2016
ARTSOjai Education Committee H. Commissioner Balderman reported on the book series. MOTION: It was moved by Commissioner Balderman, seconded by Commissioner Golden to approve the expenditure of $2,000 (Art Education Budget) to do a Phase I — Architecture of Ojai book series (creating a prototype). The Commission approved the motion unanimously. I. Artist Mentor Program Committee Commissioner Stobo reported on the process. J. Budget Report Deputy City Manager Steve McClary reported on the current budget. 6.
STAFF LIAISON REPORT
Update on Libbey Bowl Advisory Committee Deputy City Manager Steve McClary provided an update on the management of Libbey Bowl. He said a report is going before the City Council on February 23 requesting the following: 1. Approve the recommended Vision for Libbey Bowl and Implementing Actions; and 2. Direct the City Manager to work with the original (smaller) Libbey Bowl Ad Hoc Committee to negotiate a proposed agreement with Sterling Venue Ventures for review by the City Council, and follow up on the other implementing actions; and 3. Authorize Councilmember Haney to form a Committee, as described, to nurture community events and festivals. Vision The final Vision included the following elements: • The Music Festival • Commercial Events (some on weekdays) • Available for community events • Continuation of legacy events • Opportunity for new festivals • Encourage local dining • Mitigate traffic, parking and noise The committee recommended that operations be subject to regular review for conformance with this Vision.
Arts Commission Minutes
Page 6 of 6
February 18, 2016
Implementing Actions The Committee recommended that the City Council approve the following actions to implement the Vision: •
•
• •
• • •
Commercial Contract: Authorize a smaller expert group to negotiate a commercial contract with Sterling Venue Ventures. The contract should ideally start in the 2016 season and the desired terms should include the facility fee, plus rent. The committee was split on whether the agreement should be for a single season or a multi-year agreement. Management: The Bowl should be managed by the City in the 2016 season. In the long run other management methods should be considered, including issuing an RFP for a professional management contract. Rent from the commercial contract should be used to pay for management and to support non-commercial productions. Oversight: There should be an oversight group with balanced interests. Lighting and Sound: Arrangements should be made with the commercial promoter to allow other users to pay to use their equipment. Pre-selected vendors should be contracted by management as an alternative. Parking: The City should investigate use of its trolleys to shuttle people from remote parking areas if needed. Traffic and Noise: The traffic and noise impacts should be monitored. Other: The City should not get into the business of producing or promoting events.
7.
COMMISSIONER COMMENTS — None.
8.
CITY COUNCIL LIAISON REPORT
Mayor pro tem Weirick said the Arts Commission has support from the City Council. It is a challenge to maintain Ojai's success. He thanked the Art Commission for their hard work. 9.
ADJOURNMENT
The meeting adjourned at 8:13 p.m. Respectfully submitted:
Reviewed and approved by:
DRAFT Rhonda K. Basore, City Clerk
Steve McClary, Deputy City Manager
Application tor Option Three Monetary Contribution
Private devci Ters choosine, to comply wi!li the PublicPi zratli requirement a monetary contribution to the Pubt Staff representative to the Arts C•c
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Mountain Vista Manor - Sabino & Nickie Perez
A certificate of occupancy will be issued by the Caty only after the required Public Art Program compliance allocation has been
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CITY OF OJAI Community Development Department 401 South Ventura Street Ojai • California 93023 (805) 646-5581 fax (805) 653-2236 Inspection (805) 646-5581 x 127 www.ojaicity.ortx
March 7, 2016
PC 15-79 Mountain Vista Manor 602 E Oak Street Subject: Public Art Fees
The Community Development Department has calculated the Public Art Fees based on building valuation as below:
BUILDING VALUATION: $890,125.()() Public Art requirement is 2% on the first million.
Total Balance due:
517,802.00
If you have any questions regarding this matter please contact me at (805) 646-5581 x 112 or email me at buildingofficial@ojaicitvorg:
Sincerely,
Stephen R. Stuart, CBO Building Official. City of Ojai
k
Administrative Report DISCUSSION ITEM TO:
CITY COUNCIL
FROM:
Kathleen Wold, AICP, Community Development Director
DATE REPORT PREPARED:
December 31, 2015
MEETING DATE: January 12, 2015 SUBJECT:
Request to waive the Public Art requirement for 409 Fox Street, Building Permit 15-488
Recommendation Approve a Public Art waiver to allow the applicant to pay the appropriate fee to the Public Art fund in lieu of providing onsite public art Discussion The purpose of the Public Arts Program is to enrich the built environment of the City. The program will increase the understanding and enjoyment of art by residents and visitors, add to the economic viability of the City, encourage artistic cooperation among various disciplines and invite public interaction with public spaces. The Public Arts Program, among other things, requires that public art be included as part of certain private and public development projects in the City. It represents a partnership between the City, developers and the arts community that serves to enhance Ojai's built environment both now and in the future. The Council finds and declares as follows: (1) Enhancement of the quality of life for City residents, workers and visitors is provided by the development of cultural and artistic resources; (2) Development and maintenance of a Public Arts Program improves the quality of the urban environment and increases real property values; (3) Nurturing alternative sources for cultural and artistic outlets improves the environment, image and character of the community; (4) Those whose developments diminish these resources should make provision for new opportunities for public art in order to preserve and enhance cultural and artistic resources in the City; (5) Establishing the Public Arts Program will promote the general welfare by balancing the City's physical growth and revitalization with its cultural and artistic resources.
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Page 1 of 3
While the purpose of the Public Arts Program is to enrich the built environment of the City there are built into the regulations projects which are not subject to the requirement; they are as follows: 1.
Exceptions. The requirements of this article shall not apply to the following: (1) Projects undertaken by any agency of the State, County, the Ojai Unified School District or any governmental entity other than the City; (2) Remodeling, repair or reconstruction of structures to comply with earthquake seismic safety code standards or buildings damages to which have been immediately occasioned by fire, flood, wind, earthquake or other calamity; (3) Nonprofit social service projects; (4) Housing projects for "low to moderate income persons and families" as defined in Health and Safety Code Section 50093; (5) Affordable housing developments receiving City, State or Federal assistance, unless permissible under City, State or Federal regulations; (6) Construction, remodeling, repair or reconstruction of residential projects consisting of four (4) or fewer units whether or not such residential project is a part of a mixed-use development; and (7) Architectural rehabilitation or historical preservation of properties which are designated as historic sites by the Council.
It should be noted that nowhere in the exceptions is there an exceptions for "Green" or sustainable projects. An application for an waiver from on-site the public art requirement has been submitted for 409 Fox Street. The project at 409 Fox Street that triggers the public art requirement is the issuance of the Building Permit 15-488 for implementation of Design Review Permit DRP- 14-20. DRP 14-20 provides for the construction of new carports, the installation of solar panels on the rooftops of the new carports and installation of microturbine. The project is considered a "Green" project in that the project provides for the installation of solar panels and a microturbine both of which reduce the project's dependence on the "Grid". The applicant has requested to be relieved from the requirement entirely as it adds a financial burden to a project undertaken primarily to make an athletic facility more independent as it relates to energy production and that additional costs place an unnecessary financial impediment on solar projects. Applicants are permitted to apply for a waiver or modification from on-site public art work per Section 4-16.206 of the Ojai Municipal Code which states: Other provisions of this article notwithstanding, the City Council may waive the strict compliance, in whole or in part, with respect to any covered project otherwise subject to the provisions of this article and instead permit the responsible party to meet the intent and purpose of this article through compliance with subsections (1), (2) or (3) of Section 4-16.206(c), below. In authorizing such alternative compliance, the Council shall make findings, on the basis of substantial evidence, that the responsible party achieves the goals and aims of this article in
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Page 2 of 3
substantially the same mariner as strict compliance would. The Council may also waive the requirements for covered projects which are also City projects when it determines it would be in the public interest to do so. (c) Acceptable alternative methods of fulfilling Public Art Requirement, if approved pursuant to (b) above, are as follows: (1)
Contribution of approved off-site public artwork;
(2)
Donation of an approved artwork to the City Art Collection; or,
(3)
Monetary contribution to the Public Art Fund."
Staff has reviewed the exceptions and does not find that there currently exists a method to exempt this project. As such if the City Council desires to establish an exempt for "Green" projects, staff would recommend that the City Council give direction to staff to bring back Municipal Code Amendment to the exempt section (Section 4-16.205(b) adding to the list of exemptions any solar element or installation of any mechanical device utilized solely for the generation of energy (microturbines or windmills). Exempting only these elements from the public art calculation would not exempt the other portions of the project, so if the other elements reached the $300,000 project value threshold then there would still be a Public Art requirement. The Council may also wish to consider requesting input on these changes from the Arts Commission. In regards to this project, the applicant is requesting that all aspects of the project be exempt including the carports which are not "Green" elements. Attachment B shows that the art fee was calculated on just the carports and did not include the solar panels or the microturbine. Currently the Public Art fee calculated on BP 15-488 is $6,445.00. Staff recommends that City Council approve a waiver on the strict implementation of the Public Art requirements and approve the payment of a monetary contribution to the Public Art Fund of $6,445.00. Fiscal Impact Payment of the fee to the Public Art Fund will not result in any impacts to the General Fund.
4c,k, ••-•
tA,,,bApproved for forwarding City Manager's Office
Su )tnitted by Kathleen Wold, A1CP, Community Development Director Attachment(s): A — Applicant's request B Fee Calculation
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Page 3 of 3
Alternative Energy Inc., 5405 Wilshire Blvd., Los Angeles, CA 90036 alternativeenergyinc.com
1-800-854-9110
Los Angeles, Fresno, Windsor, California. Florence, Arizona
Ail ERNAIIVE ENERGY INC.
RECEIVED December 02, 2015
DEc.0 3 2015 Community Development Department.
City of Ojai ATTN: Rhonda Basore, City Clerk
Subject: Sustainability Projects — Ojai Valley Athletic Club Request for consideration by Ojai City Council to waive $6,445.00 City Arts Fee Ms. BasorePlease accept this correspondence as a formal request to the City Council Members of Ojai to waive the aforementioned City Arts Fee for the renewable energy project at Ojai Valley Athletic Club located at 409 Fox Street, Ojai CA. This request is respectfully submitted based on the nature of this project and the inherent contribution to the overall sustainability of Ojai, California and globally. The owners of Ojai Valley Athletic Club are making significant investments in sustainability throughout their entire business structure including their attempt to save a large oak tree located on their property. We appreciate and value the cooperative partnership of working with the Ojai Community Development Department and trust that this project will benefit the entire community.
Very Best Regards,
Chris Frye CEO, Alternative Energy Inc,
6—4
Attachment A Page 1 of 2
Application for Option Three Monetary Contribution
Private developers choosing to comply with the Public Art Program requirement by making a monetary contribution to the Public Art Fund must submit this approval application to the City Staff representative to the Arts Commission. (Contact Steve McClary at 805-646-5581 ext 101.) PROJECT DENIM Name: f
ER C lFORMAIION: Address:
C't
Home phone: E-Mail: PROTEC'r
L,(1.) „
-
C
AMOUNT TO BE CONTRIBUTED: The City Building Official will determine and con .irm this amount.
1. Once approval is granted by the Arts Commission and the City Council, deposit a check check payable to the City of Ojai Public Art Fund. 2. Below, supply a sample of the names of the donor(s) exactly as they should appear on the donation plaque.
A certificate of occupancy will be issued by the City only after the required Public Art Program compliance allocation has been received by and credited to the City of Ojai.*
*PUBLIC ARTS PROGRAM AND BUILDENG OCCUPANCY (OMC Sec. 4-16. 207. ) No final. City approval, such as Heal inspection or a certificate of occupancy, for any covered project shall he granted or issued unless and until -full compliance with this article is achieved. The Public Arts Program allocation amount determined in accordance with Section 4-16208, is credited to the Public Arts Fund.
TC 15-9 Li ?,.ECENED
..;
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Attachment A Page 2 of 2
CrrY
OF OJAI
Community Development Department 401 South Ventura Street - P.O. Box 1570 • Ojai • California • 93024 (805) 646-5581 fax (805) 653-2236 • Inspection (805) 646-5581 x 127 December 4, 2015
PC 15-94 Ojai Athletic Club - Solar 409 Fox Street Subject:
Public Art Fees
The Community Development Department has calculated the Public Art Fees based on building valuation as below: 5 Carports
$322,270.00
Total Valuation
$322,270.00
Public Art requirement is 2% on the first million = $6,445.40 Total Balance due: $6,445.00 If you have any questions regarding this matter please contact me at (805) 646-5581 x112 or email me at boildingofficialgojaicitv.org. Sincerk
r
f Stephen R. Stuart, CBO Building Official, City of Ojai
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Attachment B Page 1 of 1
