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HomeMy WebLinkAbout10-14-2014Old Business Item #1 Proposed Mural Policy PROPOSED ORIGINAL ARTWORK MURAL ORDINANCE For interpretation of when changes have been made, the print in black is from the original taken from the City of "lomona's Mural Ordinance. Words or phrases in red were added by Dotti Garcia before the sub - committee received the document. Words or phrases in greet are additions or changes by the sub - committee. Words or phrases in additions made by Dotti to reflect a process for public property. ORIGINAL ARTWORK MURALS A. PURPOSE AND INTENT: The purpose of this seetiee 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 fagade; (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 seetiee ordinance to establish regulations for the installation and application of Original Artwork Murals on both private and public property. Note: The Sub - committee had eliminated private property and substituted public property. B. ORIGINAL ARTWORK MURAL PERMIT REQUIREMENT. An Original Artwork Mural may be located on any publicly or privately owned building in the City, provided it is first approved by permit issued by the City's Community Development Department in accordance with the procedures and criteria listed in this section. Note: the subcommittee had deleted the word "privately" and substituted Public. C. EXEMPTIONS: The following murals are exempt from this section: 1. Murals that are proposed as Public Art for private development as regulated by ..... (insert development code number here) 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 or 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 FaVade: 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. 11 FINE ARTS COMMISSION DRAFT MINUTES FOR TUESDAY, SEPTEMBER 23, 2014 In Attendance: Gigi Hanna, City Clerk Jorge Heredia Jeffrey Thurman Commissioners: Dorothy Garcia, Chairperson Barbara Babcock, Alternate Tony Barber Deborah Bunger Donna Howard Velia Marquez Bronica Martindale Michael Segura Absent: M. David Alder Ashley Dial Lynette Kaplan Meeting called to order on Tuesday, September 23, 2014 at 4:05 p.m. in the MIC Room, 6th Floor of City Hall. COMMISSIONER/STAFF ANNOUNCEMENTS Chairperson Garcia read a poem of encouragement. Commissioners who attended the Arts Connection Conference made comments about what was important to them at the conference. APPROVAL OF MINUTES A motion was made by Velia Marquez to approve the Minutes from September 9, 2014. The motion was seconded by Deborah Bunger. Motion passed. NEW BUSINESS None Page Two Fine Arts Commission Meeting - September 23, 2014 OLD BUSINESS MURAL POLICY SUBCOMMITTEE PRESENTATION The following changes for a mural policy were recommended by the Mural Subcommittee: A. Purpose and Intent: It is the intent of this ordinance to establish regulations for the installation and application of Original Artwork Murals on Public property instead of private property; D. Definitions: Grandfather Mural: A mural already in existence as of the effective date of this ordinance; E. Development Standards: i. The mural shall remain in place without alterations for a minimum of "three years" from the date the mural is completed instead of five years; ii. The applicant shall certify in the permit application that the applicant agrees es to maintain the mural in place for a minimum period of three years without alteration; H. Applicant Requirements: vi. and application fee as established by resolution of the City Council. Should only have to pay fee if approved to paint. Also, fee would be $50 dollars. $25 to the public art fund and $25 to department processing paperwork. I. Application Procedure: i. Advisory Committee Review. Within days of the determination that the application is processed by the Fine Art Commission, 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 are made: i. 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 applicationmay be more than days after the submittal of the Advisory Committee's recommendation, with the applicant's approval. Within days of the approval of the Commission, the Community Development Department shall issue the mural permit after staff review. C. Page Three Fine Arts Commission Meeting - September 23, 2014 K. Maintenance: i. Property owner is allowed 30 days to repair mural before the matter will be referred to Code. iii. 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. (Gigi to ask City Attorney) L. Mural Alterations: Alterations to a mural(s) within three 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. M. Removal of Permitted Mural: I. Removal of a mural(s) within the first three years of the date completion shall only be approved under the following circumstances: iv. Before removal of the mural, the applicant or property owner must notify the Community Development Department and the Arts Commission 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. (Do we need an application to get artist consent ?) N. Grandfather Murals: ii. Unless a mural permit is issued to a "Grandfather 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 can be granted by the Fine Arts Commission. vi. Added: Repair of a "Grandfather Mural" by other artist is possible with artist consent. Photos of murals within the City were shown to commissioners. A motion was made by Deborah Bunger to include "private property" in addition to public property in this policy. The motion was seconded by Bronica Martindale. Motion passed. Page Four Fine Arts Commission Meeting - September 23, 2014 A motion was made by Donna Howard to use the word "legacy" instead of Grandfather. The motion was seconded by Michael Segura. Motion passed. A unanimous vote was made by the FAC to substitute the word "legacy" for the word "grandfather" wherever it occurs. A motion was made by Deborah Bunger to put together a draft of what the FAC has approved so far and bring it back to the FAC at the next meeting. The motion was seconded by Bronica Martindale. Motion passed. THIRD THURSDAY FOOD FEST A site map for the event was provided to the FAC. Applications for Artists will need to be returned to the City Clerk's office by October 6, 2014. City Clerk's will send them a response in regards to their application. Chairperson Garcia stated she would be contacting the San Bernardino Art Association and Inland Empire Latino Artists. PUBLIC COMMENTS Jorge Heredia, member of Generation Now spoke about discussing murals with neighbors prior to putting them up. Adjournment: Meeting adjourned September 23, 2014 at 5:30 p.m. The next Fine Arts Commission meeting will be on Tuesday, October 14, 2014 at 4:00 p.m., in the MIC Room, Sixth Floor of San Bernardino City Hall. Respectfully submitted, Valerie R. Montoya Deputy City Clerk Old Business Item #2 Art Display /Music For Food Truck Event 17*j Old Business Item #3 Proposed FAC Business Plan Old Business Item #4 Proposed Ordinance Revision - FAC r ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.30.020 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE FINE ARTS COMMISSSION THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: Section 1. Section 2.30.020 of the San Bernardino Municipal Code is hereby amended to read as follows: "2.30.020 Duties. The Fine Arts Commission shall: A. Make recommendations to the Mayor and Common Council for the development and promotion of the visual and performing arts in San Bernardino. B. Work with public and private cultural organizations to promote the efficient utilization of community art resources and to enlarge the opportunities for the diverse City population to participate in and enjoy culturally rewarding experiences. C. Develop a master plan for fine arts objectives and development in San Bernardino. D. Review the financial needs of fine arts organizations in San Bernardino and recommend specific grants within the City budget allocation for approval by the Mayor and Common Council to achieve overall cultural objectives. E. Promote other art related activities as resources are available." 10 -14 -2014 version u ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.30.020 OF THE SAN BERNARDINO MUNICIPAL CODE REGARDING THE FINE ARTS COMMISSSION I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2014, by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL JOHNSON MULVIHILL Georgeann Hanna, City Clerk The foregoing Ordinance is hereby approved this day of , 2014. Approved as to form: Gary D. Saenz, City Attorney 10 -14 -2014 version 2 R. Carey Davis, Mayor City of San Bernardino New Business Item #1 Patrick Jewett Request 0