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HomeMy WebLinkAbout08-05-2014Fine Arts Commission Tuesday, August 5, 2014 at 3:30 p.m. 6th Floor Conference (MIC) Room, City Hall 300 N. D Street, San Bernardino, CA 92418 A enda Call to Order Roll Call Ward Commissioner Present 1 Velia Marquez 2 Ashley Dial 3 Deborah Bunger 4 Dorothy Garcia 5 Lynette M. Kaplan 6 Bronica Martindale 7 Daniel Malmuth Mayor Michael Segura Mayor Tony Barber Mayor - Alternate 1 Barbara Babcock Mayor - Alternate 2 M. David Alder New Business Discussion of Roles and Responsibilities of Commissioners, including review of Brown Act — to be provided by the City Attorney's Office 2. Election of Chair 3. Fine Arts Commission Policies a. Policy regarding inviting guest speakers b. Time and frequency of meetings 4. Proposed revision of Fine Arts Ordinance a. Redefining purpose of the Commission to: i. Showcase Art as an economic booster for the city; ii. Be a clearing house of art activities in the city iii. Provide networking opportunities City Mural policy a. Review proposal submitted by Dotti Garcia 6. Continued Discussion of FAC database a. Arts Organizations b. Artists c. Venues d. Film Production Booklet 7. Approval of Minutes from the June 3, 2014 meeting Commissioner /Staff Announcements Public Comments Adjournment The next meeting of the Fine Arts Commission is set for 3: 30 p.m. Tuesday, September 9, 2014 in the 6`h Floor Conference (MIQ Room, San Bernardino City Hall. i v Pri) S e4 P{VISioN 1 ORDINANCE NO. MC --309 2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.30 TO THE SAN BERNARDINO MUNICIPAL, CODE TO ESTABLISH A FINE ARTS 3 COMMISSION AND PROVIDING FOR APPOINTMENT OF MEMBERS AND DUTIES OF fTHE COMMISSION. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO 5 ORDAIN AS FOLLOWS: 6 SECTION 1. Chapter 2.30 is added to the San Bernardino 7 Municipal Code to read: 8 "Chapter 2.30 9 FINE ARTS COMMISSION 10 2.30.010 Members - Appointment. 11 The Fine Arts Commission of the City shall consist of eleven 12 voting members and one non - voting ex- officio member, all of whom 13 shall serve at the pleasure of the Mayor and Common Council. 14 Members of the Commission shall be appointed by the Mayor, subject 15 to the approval of the Common Council. Each Commission member 16 shall serve until a successor is appointed. Nomination and 17 appointment of a successor member at any time shall terminate the 18 appointment of any member without need for formal removal action. 19 Members shall be appointed on the basis of demonstrated knowledge 20 and experience in the arts and recognized dedication to cultural 21 affairs. All voting members shall be residents of the City of San 22 Bernardino. The ex- officio member shall be the president, or the 23 approved designee of the president, of the Inland Empire Cultural 24 Foundation ("CLASS"). 25 2.30.020 Duties. 26 The Fine Arts Commission shall: 27 A. Make recommendations to the Mayor and Aommgn Council for � 11slc. and P- , r "" 28 the development and promotion of 4i*ms arts in San Bernardino. r, MC 109 r. 1 B. Work with public and private cultural organizations to 2 promote the efficient utilization of community art resources and 3 to enlarge the opportunities for the diverse City population to 4 participate in and enjoy culturally rewarding experiences. 1 eve �� C .Dlop a master plan for iaw��. arts objectives and 6 development in San Bernardino. 7 D 'tsrrs ---iq+ 9 ems- aom�non-- @ounEil --0 10 ac ha-LV�v r a11� a7~a- 1--ei� ec i v e s . lei a ,�, ti� e v 1�Z oar Gl ✓ / �-�� ems( ►�+�+�"��"r� -��i�i \7LT.- 7t��se_ 1s�.�+rew.r� �awr�un�S[ ^`_7^.�^ ^dT+7�•�w �+T. 13 2.30.030 Chairman - Meetings - Absences. 14 The Fine Arts Commission shall be organized and shall 15 function pursuant to the provisions of Section 2.17.060 and 16 Section 2.17.070 of the San Bernardino Municipal Code. 17 2.30.040 Conflict of interest. 18 The Mayor and Common Council declare that the individuals 19 appointed to the Fine Arts Commission are intended to represent 20 and further the interests of all organizations and professions in 21 the fine arts and that such representation and furtherance serves 22 the public interest. Accordingly, the Mayor and Common Council 23 find that for the purposes of members of the Tine Arts Commission, 24 the organizations and professions in the fields of fine arts are 25 tantamount to and constitute the public generally within the 26 meaning of Section 87103 of the Government Code." 27 I HEREBY CERTIFY that the foregoing ordinance was duly 28 11 adopted by the Mayor and Common Council of the City of San -2- i MC --3Q9 , l 1 Bernardino at a n adjourned regular meeting thereof, held on 2 the 10th day of October 1983, by the following vote, 3 to wit: 4 AYES: Council Members Castaneda, Reilly, Hernandez, 5 Marks, Strickler 6 NAYS: None 7 ABSENT; Council Members Quiel, Frazier 9 City Clerk 10 The foregoing ordinance is hereby approved t // day 11 of ��1�i� 1983. 12 1 City of San Bernardino ? Approved as to form: 14 15 �-- ! /� ✓��� City Attorney 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- The following is based on the Mural Ordinance of the City of Pomona. Pomona's mural ordinance is part of a public art ordinance. Whether we can copy Pomona's ordinance almost verbatim is something that we need advice on. Items in red print are those that I have questions about, or changes I have made. This particular ordinance refers only to iurals on private property. We also need to have something written about murals on public property, Le, who approves murals on public property: the Fine Arts Commission, the Parks and Recreation Director, if they are in parks or community centers, the City Council? If murals are painted on the walls of a school building in the City, is this only the business of the school district, or should the murals adhere to the requirements listed in this ordinance? Could this ordinance, as written, also be used for murals on public property, if we added some sections referring to the approval process? ORIGINAL ARTWORK MURALS A. PURPOSE AND INTENT: The purpose of this seetien ordinance is to permit and encourage Original Artwork Murals (as defined below) on a content - neutral basis, that are ( i. )sufficiently durable and will be properly maintained; (ii) are located in appropriate places on buildings, and constitute a particular scale of the building fa4ade; (iii) do not include any unsafe features,or would not pose any unsafe conditions to vehicular or pedestrian traffic; (iv) provide venues for artistic expression, and (v) are assets to the community. it is the intent of this seet+ee ordinance to establish regulations for the installation and application of Original Artwork Murals on private property. (Change this to include all murals, on private and public property ?) B. ORIGINAL ARTWORK MURAL PERMIT REQUIREMENT. An Original Artwork Mural may be located on any privately owned building in the City, provided it is first approved by permit issued by the City's Planning Department in accordance with the procedures and criteria listed in this section. C. EXEMPTIONS: The following murals are exempt from this section: Murals that are proposed as Public Art for private development as regulated by..... Murals that are funded by In -Lieu contributions and donations to the City's Public Art Fund and that are .... D. DEFINITIONS Alteration: Any change in a permitted Original Artwork Mural including, but not limited to, any change in the image or images, materials, colors, or size of the mural. "Alteration" does not include: (i) naturally occurring changes to the mural that result from the maintenance of repair of the mural, including but not limited to the mural caused by exposure to the elements or the passage of time; (ii)minor changes to the mural that result from the maintenance or repair of the mural, including, but not limited to, slight and unintended deviations from the original image, colors or materials. Building Facade: That portion of any exterior elevation on the building extending from grade to top of the parapet, wall or eaves and the entire width of the building elevation. Changing Image Mural: A mural that through the use of moving structural elements, flashing or sequential lights, lighting elements, or other automated method, results in movement, the appearance of movement or a change of mural image or message. "Changing image" murals do not include otherwise static murals where illumination is turned off and back on not more than once every 24 hours. Character - defining Feature: A prominent or distinctive physical feature of a structure that contributes significantly to its historic character. Commission: The Fine Arts Commission of the City of San Bernardino. Historical Structure: A locally designated historic landmark structure or structure located within the boundaries of a locally designated historic district; or single landmark building or building located within a district designated on the National Register of Historic Places. * (needs new term): A mural already in existence as of the effective date of this ordinance. Original Artwork Mural: A painting that is applied to and made an integral part of an exterior wall, or a tiled artwork applied to an exterior building wall, with the property owner's permission or consent. An "Original Artwork Mural does not include: 1. Mechanically produced or computer - generated prints or images, inclouding but not limited to digitally printed vinyl; 2. Murals containing electrical or mechanical components; or 3. Changing Image Murals, as defined above. For all future reference to Original Artwork Mural(s) in this Ordinance, the term "mural(s) is used. E. DEVELOPMENT STANDARDS Original Art Murals shall comply with all the following: 1. The mural shall remain in place without alterations for a minimum of five years from the date the mural is completed. The applicant shall certify in the permit application that the applicant agrees to maintain the mural in place for a minimum period of five years without alteration. 2. The mural shall not extend more than six inches from the plane of the wall to which it is attached. 3. The mural shall not be applied to the principal building fagade facing a public street ? ? ?? PROHIBITED MURALS. The following are prohibited in the City A mural that is placed on single - family residences or multiple- family residencial buildings with fewer than five dwelling units. ? ? ? ?I A mural that is placed on historical structures.... A mural for which compensation is given or received ? ?? A mural that contains obscene matters, as defined in Section 311 of the California Penal Code, or images that would incite immediate violence, so as to constitute "fighting words." G. GUIDELINES FOR ORIGINAL ARTWORK MURALS Original Artwork Murals shall comply with all of the following: 1. The Original Artwork Mural must demonstrate the higher aesthetic qualities, originality and artistic excellence. 2. The Original Artwork Mural is appropriate in scale, material, form, content and value with the immediate social and physical environment. 3. The mural shall be durable, permanent, and easily protected from vandalism and weathering. Substantial consideration shall be given to the structural and surface integrity and stability of the building facade, the permanence and durability of the mural, and the mural's resistance against weathering, theft and vandalism. 4. The mural shall not have any unsafe features or conditions that may affect public safety, and 5. The mural shall not disrupt traffic, nor create any unsafe conditions or distractions to motorists and pedestrians. H. APPLICATION REQUIREMENTS. An application for a mural permit shall be filed with the Planning Department for should it come to the Fine Arts Commission first, and be recommended to Planning Department ?) and shall include the following: 1. Name of the artist (s); 2. Examples of previous work done by the artist(s) with references; 3. Description of the materials to comprise the proposed mural and manner of application; 4. Statement regarding durability of the materials considering the location and positioning of the proposed mural; 5. Plans and specifications for the proposed mural including an exact picture, graphic or other description; 6. and application fee as established by resolution of the City Council. APPLICATION PROCEDURE 1. Staff Review. The application for an Original Artwork Mural permit shall be submitted to the City Planning Department for preliminary review by Planning staff. Planning staff shall make a determination on completeness of the application within 30 days of its submittal to the Planning Department. (it would be helpful to have a shorter time -line here, if possible) 2. Advisory Committee Review. Within days of the determination that the application is complete by the Planning Department, the application shall be considered by the Advisory Committee on Murals? The Advisory Committee shall review the application and make a recommendation on whether to approve the application. The Commission shall recommend approval of the application if all of the following findings are made: a. The mural meets all of the Development Standards listed in sub - section E and is consistent with all of the Guidelines listed in sub - section G. b. The artist, or artist team, is capable of completing the work in accordance with the plans and specifications. c. The information contained in the application regarding the dudrability and maintenance requirements of the mural is accurate. The proposed materials to be used and the manner of application will not require excessive maintenance and repair costs by the owner. 3. Commission Review. Within days of the submittal of the Advisory Committee's recommendation, the Commission shall review the application at a public hearing. The scheduling of the hearing for consideration of the application may be more than days after the submittal of the Advisory Committee's recommendation, with the applicant's approval (Why ? - -- -this could go on for a long time!) Notice of the public hearing shall be mailed to all property owners and occupants of property immediately adjacent to and directly across the street from the property where the mural is to be placed. The notice of public hearing shall be mailed not less than ten days before the date of the public hearing. The Commission shall consider the application, and may approve, approve with changes or deny the application, based on the findings set forth in Sub - section 1.2. The Commission shall approve the application if all of the findings listed in Sub - section 1.2 are made. The decision to approve or deny the permit shall be made and announced at the public hearing. In making its decision, the Commission may consider evidence of property values and the opinions of the owners and occupants of adjacent properties. Within days of the approval of the Commission, the Planning Department shall issue the mural permit. 4. Appeal. The applicant may file an written request for an appeal to the City Council within 20 days of the decision of the Commission. The City Council shall only review applications that have been denied by the Commission. The City Clerk shall receive the original application, written reports and the appeal request. The City Council may affirm, reverse or modify in whole or in part any Commission decision or requirement. The City Council shall reverse the Commission's decision and approve the original application, if all of the findings listed in Sub - section 1.2 are made. The decision by the City Council shall be final. J. PERMIT EXPIRATION AND EXTENSIONS 1. Except as provided in Subsection J.2 below, if installation of the permitted Original Artwork Mural has not taken place within 12 months of the date of issuance of the mural permit, the permit is void and no further work on the mural may be done at the site until a new permit has been approved and the fee paid. 2. An approved mural permit may be extended by the Planning Department for an additional period of no more than 12 months upon the Planning Department's finding that the applicant was unable to begin or continue the installation of the approved mural for reasons beyond his or her control. A request for permit extension must be in writing and must be received by the Planning Department before the original permit's expiration date. If the approved mural has not been completed within this extended time period, the permit is void. A permit may be extended only once. K. MAINTENANCE 1. The property owner is responsible for ensuring that a permitted Original Artwork Mural is maintained in good condition and fully repaired in the case of vandalism or accidental destruction. 2. Failure to maintain the Original Artwork Mural as provided herein is declared to be a public nuisance, and may be summarily abated or repaired by the City. The City may pursue additional remedies to obtain compliance with the provisions of this Section as appropriate. 3. In addition to other remedies provided by law, in the event the property owner fails to maintain the mural, upon reasonable notice, the City may perform all necessary repairs or maintenance to the mural or secure insurance, and all costs incurred by the City shall become a lien against the property. L. MURAL ALTERATIONS. Alterations to an Original Artwork Mural within five years from the date of completion shall only occur pursuant to a new mural permit, approved and issued by the procedures described in Sub- section 1. A new mural permit for Alterations shall only be issued under the following circumstances: 1. The building on which the mural is located is sold, or 2. The building or property is substantially remodeled or altered in a way that precludes continuance of the mural. M. REMOVAL OF A PERMITTED MURAL. 1. Removal of an Original Artwork Mural within the first five years of the date of completion shall only be approved under the following circumstances: a. The building on which the mural is located is sold, or b. The building or property is substantially remodeled or altered in a way that precludes continuance of the mural. 2. The removal of the mural shall be in accordance with all federal and state laws and regulations pertaining to artists' rights. 3. Removal of the permitted mural for reasons other than the circumstances described above preclude approval of a new mural permit at the site for a five -year period after the date of the original mural permit completion. 4. Before removal of the mural, the applicant or property owner must notify the Planning Department with a letter stating intent to remove the mural and an explanation of the circumstances necessitating the removal. At that same time, the applicant shall also provide proof that the applicant has notified the artist or artists who created the mural of the applicant's intent to remove the mural. 5. Within 45 days of the applicant's or property owner's notification, the Planning Department shall approve the request provided it meets at least one of the circumstances described under MA and that the applicant has shown sufficient proof of notification of the artis or artists who created the mural of the applicant's intent to remove the mural. 6. After the term of five years from the date of completion, an Original Artwork Mural maybe removed without notification. Any associated materials that were used to secure the mural to the wall, including,but not limited to, mounting hardware, brackets, caulk, grout, adhesives and /or glues, must be removed at the time of removal of the mural, and the building must be fully restored to its original, pre -mural condition. N. NON - CONFORMING MURALS (Needs another title. This refers to murals that are already in existence, and need to be "grandfathered" in) 1. Within 12 months of the effective date of this ordinance, an assessment shall be done of all existing murals in the City. After the assessment and listing of the murals and their conditions, the City Planning Dept. shall notify the owner's with properties that feature these existing murals, that the Mural is deemed a "nonconforming mural." A mural permit may be issued (without a fee ?), provided that the mural is in compliance with this ordinance. 2. Unless a mural permit is issued to a "nonconforming mural" the mural existing at the time of the assessment shall be removed within six months of the notification by the City pursuant to Section N that the mural is not in conformance with this section. Additional time may be granted by the Commission. 3. 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The 2014 Arts Connection_ Conference will provide presentations, workshops, roundtable discussions and networking opportunities to enrich and build your professional careers and stimulate the creative and economic vitality of our region. CRAIG WATSON, EXECUTIVE DIRECTOR OF THE CALIFORNIA C' ARTS COUNCIL, WILL BE THE KEYNOTE SPEAKER FOR THE 2014 CONFERENCE! KAREN ATKINSON, CREATOR OF C 8/5/2014 f "GETTING YOUR SH *T TOGETHER" (we WILL LEAD OUR "VISUAL ARTIST" WORKSHOP! MORE INFORMATION ON WORKSHOP LEADERS TO COME! IF YOU ARE ALREADY A MEMBER OF ARTS CONNECTION, PLEASE SIGN IN BEFORE PLACING YOUR RSVP. CLICK HERE TO BECOME A MEMBER! QUESTIONS? PLEASE CONTACT INFO @ARTSCONNECTIONNETWORK.ORG LMORE NEWS: Page 4 of 8 8/5/2014 8/5/2014 Art walk shows there's more to Bell than scandal - LA Times Art walk shows there's more to Bell than scandal AVolvo covered with salvaged computer and electronic parts is among the artwoks on displayduring Bell's first artwalk. (Lawrence K. Ho / Los Angeles Times) By RUBEN VIVES AUGUST 2, 2014, 9:30 PM he silver Volvo station wagon covered with salvaged computer and electronic parts stood out Saturday amid the cars on display at Las Playitas Auto Sales in Bell. The vehicle didn't belong to the dealership. It was an art piece created by Brian Wallace, one of several artists participating in the city's first art walk event. "It's nice to finally have a show here," said Mike Alcala, 23, of Maywood, another artist. "Usually I have to go to downtown Los Angeles or farther west, but it's nice to see something in my backyard." The fair was free to the public, and it included live music, art and community workshops on urban gardening and social justice. Several business along Atlantic Avenue, between Gage Avenue in Bell and Slauson Avenue in http : / /www.latimes.corNlocal /la -me -0803- bell - artwalk 20140803 - story.html 1/3 8/5/2014 Art walk shows there's more to Bell than scandal - LA Times Maywood, also participated by exhibiting some of the artwork. "I've never seen anything like this," said Celina Lopez, 25, of Huntington Park. The city's first -ever art walk was organized by the Southeast L.A. Collective, a group composed of young people who live in the cities situated along the Rio Freeway. Most of the members met through Alivio, an open -mic event that is held out of the garage of one of its members, Eric Contreras. In March the collective began to meet, and among one of the projects the group wanted to see come to life was an art walk festival, according to Adilene Lopez Valenzuela, 24, of Bell Gardens. The group later took the idea to the city of Bell, which supported the event by approving permits, providing a space and staff. "Once I saw these young people trying to put this together I just thought, 'How can the city as a whole help them get this done,'" Bell Councilman Ali Saleh said. Valenzuela said the event is the collective's effort to expose residents to local artists and musicians by providing a platform for them, but also to show another side of a city that became tainted by a corruption scandal. In 2010 it was revealed that city leaders were receiving some of the highest public employee salaries in the state. At the time, Robert Rizzo, the top administrator at the heart of the scandal, was receiving about $1.5 million a year in salary and benefits, and his assistant, Angela Spaccia, was being paid more than $800,000. In addition, four of five council members were receiving more than $1oo,000 a year. Eight officials, including former council members, were arrested and accused of misappropriation of public funds. They have since been convicted and sentenced to prison or county jail and ordered to pay the city back. Organizers hope Saturday's event will help show a different side of Bell and the other cities in southeast L.A. County. "I feel the media attention of the southeast has been on political scandal and corruption, but look at the people who are living here, look at the talent that lives here, there's an actual community here," Valenzuela said. http : / /www.latimes.com/local /la -me- 0803 - bell- artwalk 20140803 - story.html 2/3 8/5/2014 ruben.vives@latimes.com Copyright © 2014, Los Angeles Times 1-01 Art walkshows there's more to Bell than scandal - LA Times http: / /www.latimes.co"local /la -me- 0803 - bell- artvvalk 20140803 - story.html 3/3 OPEN ART EXHIBITION The San Bernardino Art Association cordially invites you to our 2014 Open Art Exhibition Reception. Thursday, August 7th, 2014 6pm - 9pm National Orange Show Art Gallery 689 South E. Street, Gate 1, San Bernardino, CA This year's impressive exhibit features work by amazing artists from all over Southern California. This is a show that should not be missed. The Exhibit will be on display every Friday and Saturday from 12pm - 6pm throughout the month of August.