CLOSED SESSION AGENDA
SPECIAL MEETING (IN-PERSON AND VIDEO CONFERENCE)
AGOURA HILLS CITY COUNCIL
Civic Center – City Manager’s Conference Room
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, September 27, 2023
5:00 p.m.
Please Click the Link Below to Join the Zoom Meeting:
https://us02web.zoom.us/j/81284348912
or
Go to: Zoom.us/join and Enter Meeting ID: 812 8434 8912 NOTE: The Agoura Hills City Council will open the Closed Session in-person in the Council Chambers and also broadcast via remote video conferencing (Zoom). Members of the public will have the opportunity to participate in-person in the Council Chamber or electronically via Zoom. Refer to “Public Participation” below.
WATCH THE MEETING (IN-PERSON, VIDEO CONFERENCE, OR ARCHIVED):
Special Notice: this meeting will be opened for public comment and then the City Council will recess to a Closed Session. The opening of this Closed Session is being conducted in-person in the Council Chambers and by utilizing video conferencing and electronic means. To provide public comment, the public may participate in-person, Council Chambers doors will open to the public at 4:00 p.m. To participate remotely from a PC, Mac, iPad, or Android device, use the Zoom meeting information above. The opening of the Closed Session may be viewed live online beginning at 5:00 p.m. When attendees join the live Zoom meeting, they are automatically muted and only have the options to view and listen to the live meeting. To watch the live stream or archive of this meeting on YouTube, enter “Agoura Hills City Council” and click on the date of the meeting. To watch the live stream or archive of this meeting on the City’s website, go to agourahillscity.org and click on the “Watch Meetings Online” button.
PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comment in-person in the Council Chambers Members of the public have the opportunity to participate in-person in the Council Chambers and speak or submit a written comment on the Closed Session item(s) only. If you wish to speak, complete a Speaker’s Card for each item and submit to the City Clerk prior to the public comment portion of the item. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. Written public comments submitted at the meeting are not read aloud by the City Clerk. Please silence all cell phones and other electronic devices during the meeting.
Option B: To provide public comment by video conference (Zoom)
1. If attending the meeting virtually (Zoom), submit written public comments prior to the meeting The public has an opportunity to submit written public comments by email; any comments submitted via text or social media will not be accepted. To ensure the City Council has the opportunity to review and/or consider information prior to the live meeting, please identify the Agenda item number in the email subject line and submit your written public comments by email to [email protected] by 3:00 p.m. on the meeting date. Public comments provided via email will be distributed to the City Council prior to the City Council meeting and posted on the City’s website. Public comments are not read into the record.
2. If attending the meeting virtually, live public comments may be received via Zoom (audio only) During the meeting, there will be an opportunity for the public to speak. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. To provide public comment live at the meeting, access the meeting remotely via Zoom (see link above). To request to speak during public comment, please click the “Raise Hand” button on the Zoom toolbar. Speaker must be present when called to speak; staff will announce the speaker’s name, as listed on Zoom, and unmute the microphone to speak (audio only). Prior to speaking, state first and last name and provide city of residence for the record. The microphone will be muted by staff when three (3) minutes have expired.
City Council Special Meeting - Closed Session
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 27, 2023
CALL TO ORDER
ROLL CALL Mayor Chris Anstead
Mayor Pro Tem Illece Buckley Weber
Councilmember Deborah Klein Lopez
Councilmember Penny Sylvester
Councilmember Jeremy Wolf
PUBLIC COMMENTS
(As this is a Special Meeting, public comments are limited to items on this Agenda. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
CLOSED SESSION
The City Council will meet in Closed Session for the following purpose(s):
1. Conference with Real Property Negotiators – Government Code Section 54956.8
Property: 27040 Malibu Hills Road, Calabasas, CA 91301
Agency Negotiator: Nathan Hamburger
Negotiating Party: Kindon Meik, City of Calabasas
Under Negotiation: Price and Terms of Payment
ADJOURNMENT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, notify the City Clerk’s Office, at (818) 597-7300, at least 48 hours prior to the meeting.
Copies of staff reports or other written documentation, relating to each item of business described in this Agenda, are posted to the City’s website at agourahillscity.org and are on file in the office of City Clerk Kimberly M. Rodrigues, Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.
AGENDA
REGULAR MEETING (IN-PERSON AND VIDEO CONFERENCE)
AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, September 27, 2023
6:00 p.m.
Please Click the Link Below to Join the Zoom Meeting:
https://us02web.zoom.us/j/86707825004
or
Go to: Zoom.us/join and Enter Meeting ID: 867 0782 5004 NOTE: The Agoura Hills City Council and City staff will be participating in this meeting in-person in the Council Chambers and the meeting will be broadcast to the public via remote video conferencing. Members of the public will have the opportunity to participate in-person in the Council Chambers or electronically via Zoom. Refer to “Public Participation” below.
WATCH THE MEETING (IN-PERSON, VIDEO CONFERENCE, OR ARCHIVED) This meeting is being conducted in-person in the Council Chambers and by utilizing video conferencing and electronic means. To attend the meeting in-person, Council Chambers doors will open to the public at 5:30 p.m. To access the live meeting remotely from a PC, Mac, iPad, or Android device, use the Zoom meeting information above. The meeting may be viewed live online beginning at 6:00 p.m. When attendees join the live Zoom meeting, they are automatically muted and only have the options to view and listen to the live meeting. To watch the live stream or archive of this meeting on YouTube, enter “Agoura Hills City Council” and click on the date of the meeting. To watch the live stream or archive of this meeting on the City’s website, go to agourahillscity.org and click on the “Watch Meetings Online” button.
PUBLIC PARTICIPATION (PUBLIC COMMENT)
Option A: To provide public comment in-person in the Council Chambers Members of the public have the opportunity to attend the meeting in-person in the Council Chambers and speak or submit a written comment on any item listed on the Agenda. If you wish to speak, complete a Speaker’s Card for each item and submit to the City Clerk prior to the public comment portion of the item.
Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. Written public comments submitted at the meeting are not read aloud by the City Clerk.
Please silence all cell phones and other electronic devices during the meeting.
Option B: To provide public comment by video conference (Zoom)
1. If attending the meeting virtually (Zoom), submit written public comments prior to the meeting The public has an opportunity to submit written public comments by email; any comments submitted via text or social media will not be accepted. To ensure the City Council has the opportunity to review and/or consider information prior to the live meeting, please identify the Agenda item number in the email subject line and submit your written public comments by email to [email protected] by 4:00 p.m. on the meeting date. Public comments provided via email will be distributed to the City Council prior to the City Council meeting and posted on the City’s website. Public comments are not read into the record. Please note: any public comments received after 4:00 p.m. on the meeting day will not be considered as part of the City Council’s deliberations nor entered into the official record. However, the public may participate by providing live public comment at the meeting via Zoom (see below).
2. If attending the meeting virtually, live public comments may be received via Zoom (audio only) During the meeting, there will be an opportunity for the public to speak. Public testimony is limited to three (3) minutes per speaker; a speaker’s time may not be transferred to another speaker. To provide public comment live at the meeting, access the meeting remotely via Zoom (see link above). To request to speak during public comment, please click the “Raise Hand” button on the Zoom toolbar. Speaker must be present when called to speak; staff will announce the speaker’s name, as listed on Zoom, and unmute the microphone to speak (audio only). Prior to speaking, state first and last name and provide city of residence for the record. The microphone will be muted by staff when three (3) minutes have expired.
City Council Regular Meeting Agenda
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 27, 2023
CALL TO ORDER
PLEDGE OF ALLEGIANCE Cub Scout Pack 227
ROLL CALL Mayor Chris Anstead
Mayor Pro Tem Illece Buckley Weber
Councilmember Deborah Klein Lopez
Councilmember Penny Sylvester
Councilmember Jeremy Wolf
REPORT OF CLOSED SESSION
APPROVAL OF AGENDA
PRESENTATIONS
Certificates of Recognition – Agoura High School Boys Golf Team
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL
REPORTS
Agoura Hills Library Update
Poison Free Agoura Update
Las Virgenes/Malibu Council of Governments Update
(City Council and Staff)
PUBLIC COMMENTS
(This section is reserved for persons wishing to address items not listed on the Agenda that are under the subject matter jurisdiction of the City Council. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
CONSENT CALENDAR
(Items on the Consent Calendar may be approved by a single motion and vote. Unless pulled by the City Council, there will be no separate discussion of these items. This section is reserved for persons wishing to address items on the Consent Calendar. Please refer to “Public Participation” above for full details on how to submit written public comments or speak under this category.)
1. Approve Minutes of the Regular City Council Meeting of September 13, 2023 STAFF REFERENCE: CITY CLERK RODRIGUES
2. Approve Demand Warrant Register No. 899
STAFF REFERENCE: DIRECTOR OF FINANCE IBAÑEZ
3. Approve Treasurer’s Report for July 2023
STAFF REFERENCE: DIRECTOR OF FINANCE IBAÑEZ
City Council Regular Meeting Agenda
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 27, 2023
CONSENT CALENDAR, continued -
4. Approve Establishment of Policies and Procedures for Exhibiting Artists STAFF REFERENCE: DIRECTOR OF COMMUNITY SERVICES BRINK
COUNCIL, STAFF COMMENTS
ADJOURNMENT
The next Regular Meeting of the City Council will be held at 6:00 p.m., on Wednesday, October 11, 2023, in the Council Chambers of the Civic Center. Members of the public will have the opportunity to participate in-person in the Council Chambers or by remote video conferencing (Zoom).
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting, notify the City Clerk’s Office, at (818) 597-7303, at least 48 hours prior to the meeting.
Copies of staff reports or other written documentation, relating to each item of business described in this Agenda, are posted to the City’s website at agourahillscity.org and are on file in the office of City Clerk Kimberly M. Rodrigues, Agoura Hills City Hall, 30001 Ladyface Court, Agoura Hills, California, 91301.
The telecast of the Wednesday, September 27, 2023, Regular City Council Meeting will be shown on Channel 10 for Time Warner Cable subscribers, Channel 3 for Charter subscribers, and Channel 99 for AT&T U-Verse subscribers, at a later date, and run daily until the next regularly scheduled City Council meeting. The broadcast schedule is as follows: M-10am; T-3pm; W-10am; Th-7pm; F-10am; S-3pm; and Su-7pm.
MINUTES
REGULAR MEETING (IN-PERSON AND VIDEO CONFERENCE)
AGOURA HILLS CITY COUNCIL
Civic Center – Council Chambers
30001 Ladyface Court, Agoura Hills, California 91301
Wednesday, September 13, 2023
6:00 p.m.
The City Council meeting was called to order at 6:00 p.m. by Mayor Anstead.
The Pledge of Allegiance was led by Girl Scout Troop 176.
Present were: Mayor Chris Anstead, Mayor Pro Tem Illece Buckley Weber, Councilmember Deborah Klein Lopez, Councilmember Penny
Sylvester, and Councilmember Jeremy Wolf.
Also Present were: City Manager Nathan Hamburger, City Attorney Candice K.
Lee, Assistant City Manager Ramiro Adeva, Management
Analyst Amber Victoria, Director of Community Development Denice Thomas, Building Official Lukas Quach, Director of Public Works/City Engineer Jessica Forte, Director of Finance Christy Truelsen, (new) Director of Finance Diego Ibañez, Director of Community Services Amy Brink, and City Clerk Kimberly M. Rodrigues.
REPORT OF CLOSED SESSION
No Closed Session was held.
APPROVAL OF AGENDA
ACTION: Councilmember Wolf moved to approve the Agenda, as presented.
Councilmember Sylvester seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Anstead, Mayor Pro Tem Buckley Weber, and
Councilmembers Lopez, Sylvester, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
PRESENTATIONS
There were no presentations.
City Council Regular Meeting Minutes
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 13, 2023
INTERGOVERNMENTAL, SPECIAL PURPOSE COMMITTEE, & DEPARTMENTAL
REPORTS
City Manager Hamburger introduced the new Director of Finance, Diego Ibañez, who made a few introductory remarks.
PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
Mayor Pro Tem Buckley Weber spoke on Item No. 8 and suggested a future conversation regarding the City possibly subsidizing the arborist cost and an education campaign regarding the requirement of a permit to trim oak trees, noting that the cost of the permit is now free (to residents).
There were no public comments.
ACTION: Mayor Pro Tem Buckley Weber moved to approve Consent Calendar Item Nos. 1-8, as presented. Councilmember Lopez seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Anstead, Mayor Pro Tem Buckley Weber, and
Councilmembers Lopez, Sylvester, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
1. Approve Minutes of the Regular City Council Meeting of August 23, 2023
2. Approve Demand Warrant Register No. 898
3. Approve Agreement for Consultant Services with Chandler Asset Management, Inc., for Treasury Management Services
4. Approve Agreements for Oak Tree Consultant Services, with Dudek for: 1) CityInitiated (Non-Reimbursable) Projects; and 2) Non-City-Initiated (Reimbursable) Projects for Fiscal Years 2023-24 and 2024-25
5. Approve Agreement for Design Professional Consultant Services, with m6 Consulting, Inc., for Construction Engineering Services Related to the Ladyface Greenway Project
City Council Regular Meeting Minutes
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 13, 2023
6. Approve Agreements for Wireless Telecommunications Consultant Services, with Telecom Law Firm, P.C. for: 1) City-Initiated (Non-Reimbursable) Wireless Services; and 2) Non-City-Initiated (Reimbursable) Wireless Projects for Fiscal Years 2023-24 and 2024-25
7. Adopt Resolution No. 23-2045; A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AGOURA HILLS, CALIFORNIA, DECLARING ITS INTENT TO
REIMBURSE CERTAIN EXPENDITURES FOR THE LADYFACE GREENWAY
PROJECT FROM PROCEEDS OF BONDS
8. Adopt Resolution No. 23-2046; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA, AMENDING RESOLUTION NO. 12- 1262 TO REPEAL THE MINOR OAK TREE PERMIT PLANNING FEE AND
MAKING A DETERMINATION OF EXEMPTION UNDER THE CALIFORNIA
ENVIRONMENTAL ACT
PUBLIC HEARING / ORDINANCE
9. Conduct a Public Hearing and Adopt Ordinance No. 23-473; AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA, ADOPTING BY REFERENCE AND AMENDING THE 2023 EDITION OF THE LOS ANGELES COUNTY FIRE CODE, AMENDING THE 2022 CALIFORNIA
BUILDING CODE, AND AMENDING ARTICLE III AND ARTICLE VIII OF THE AGOURA HILLS MUNICIPAL CODE and Adopt Resolution No. 23-2047; A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AGOURA HILLS, CALIFORNIA, MAKING FINDINGS THAT AMENDMENTS TO THE 2022 CALIFORNIA FIRE CODE AND THE 2022 CALIFORNA BUILDING CODE, AS
ADOPTED BY THE CITY OF AGOURA HILLS, ARE REASONABLY
NECESSARY DUE TO LOCAL CLIMATIC, GEOLOGICAL, OR
TOPOGRAPHICAL CONDITIONS
Mayor Anstead opened the Public Hearing at 6:09 p.m.
Following presentation of the staff report, Mayor Anstead opened the floor for public comments.
There being no public comments, Mayor Anstead closed the Public Hearing at 6:13 p.m.
Following deliberations, Mayor Anstead called for a motion and second to adopt Ordinance No. 23-473 and Resolution No. 23-2047, making express findings that the State code amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
City Council Regular Meeting Minutes
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 13, 2023
ACTION: Councilmember Sylvester moved to approve the recommended motion. Mayor Pro Tem Buckley Weber seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Anstead, Mayor Pro Tem Buckley Weber, and
Councilmembers Lopez, Sylvester, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
COUNCIL, STAFF COMMENTS
Councilmember Lopez welcomed Director of Finance Ibañez and spoke about attending the Cal Cities Annual Conference and Expo in Sacramento next week, along with City Council, the City Attorney and City staff, noting they would be attending workshops with officials from other incorporated cities to discuss policies and implementation and “work together to make sure that our voices are heard, which is particularly important for small cities like ours.”
Councilmember Wolf reported on the success of the annual creek cleanup event last weekend, noting there were 135 participants and an entire dumpster was filled, and recommended the City Council follow the various bills that were being approved through the California legislature’s session, especially the housing bills.
Mayor Pro Tem Buckley Weber spoke about the creek cleanup, noting there was a tremendous amount of styrofoam in the creek and encouraged everyone to use paper products when possible, and wished all the members of the Jewish community a Shana Tova (Happy New Year).
Councilmember Sylvester reported her and Mayor Anstead, along with representatives from neighboring cities, attended Malibu/Lost Hills Sheriff’s Station Captain Seetoo’s inter-faith prayer breakfast, and spoke about the importance of the partnership between agencies during emergencies.
Mayor Anstead also spoke about attending the prayer breakfast and requested a moment of silence in honor of all the people who lost their lives on September 11 (9/11), including the police and firefighters that were trying to save people that day.
ADJOURNMENT
Mayor Anstead announced the next Regular Meeting of the City Council would be held at 6:00 p.m., on Wednesday, September 27, 2023, in the Council Chambers of the Civic Center. Members of the public will have the opportunity to participate in-person in the Council Chambers or by remote video conferencing (Zoom).
City Council Regular Meeting Minutes
In-Person Meeting and Video Conference (Zoom)
Wednesday, September 13, 2023
ACTION: At 6:24 p.m., Councilmember Lopez moved to adjourn the meeting.
Mayor Pro Tem Buckley Weber seconded. The motion carried 5-0, by the following roll call vote:
AYES: Mayor Anstead, Mayor Pro Tem Buckley Weber, and
Councilmembers Lopez, Sylvester, and Wolf.
NOES: None.
ABSTAIN: None.
ABSENT: None.
Kimberly M. Rodrigues, MPPA, MMC
City Clerk
REPORT TO CITY COUNCIL
DATE: SEPTEMBER 27, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: NATHAN HAMBURGER, CITY MANAGER
BY: AMY BRINK, DIRECTOR OF COMMUNITY SERVICES
SUBJECT: ESTABLISHMENT OF POLICIES AND PROCEDURES FOR
EXHIBITING ARTISTS
The purpose of this report is to create a process for artists to apply to art shows hosted each year by the Cultural Arts Council (CAC). Established in November 2010, the CAC is an integral part of the Cultural Arts Initiative, the City’s comprehensive plan for the arts in Agoura Hills. The plan includes components such as offering cultural art activities, organizing art shows, developing cultural arts at special events, hosting literary programs, and more. Specifically, the CAC is committed to creating and offering five art shows each year. Those art shows include a Student Art Show, the Mayor’s Art Show, and three solo or multi-artist shows. The CAC is also considering adding an art show to the annual Holiday Boutique, which has several local artisans participate in a two-day event. Art shows are held quarterly in the Art Gallery, or Sunroom area in the Agoura Hills Recreation and Event Center, and usually coincide seasonally with other cultural arts activities being offered.
The CAC needs to formalize the process by which local artists can apply to participate in one of the yearly art shows. Therefore, objectives to participate in art shows were developed, discussed, and reviewed with the CAC. Those objectives included to present a variety of exhibitions by local artists, to help local artists increase their public exposure, to offer a venue for appreciation of cultural arts for our community and visitors, and to generate a commerce opportunity to local artists as well as create selfsustaining funding for the CAC.
To achieve these objectives, the application process needs to be formalized with an effective set of policies and procedures for those interested artists. The policies and procedures will include the CAC Application and Selection Process, the Exhibition Policies, the Display of Artwork, the Sale of Artwork, the Removal of Work from Gallery, and Other Displaying Venues. Specific policies and procedures were developed by the CAC with input from local artists, local agencies who host art shows, and art galleries.
The application process will also include a Loan Agreement between the City and the artist who is selected to show. Some of the key points in the proposed set of policies include a balanced and effective process for artists to apply to a show. Another key point worth mentioning is the twenty percent of a sale that will go back to the CAC. 2 These funds will assist in satisfying the objective of creating self-sustaining funding for the CAC. A give back, or payment to the art gallery for hosting a show, is common practice amongst artists and galleries in the art world. Finally, displaying and removing artwork is specifically addressed, which assists the artists by identifying boundaries.
The Policies and Procedures for Exhibiting Artists being considered have been reviewed by the past Community Services Subcommittee that included Mayor Pro Tem Illece Buckley Weber and Councilmember Deborah Klein Lopez. They have also been reviewed and approved by the City Attorney.
RECOMMENDATION
Staff respectfully recommends the City Council:
1. Approve the Policies and Procedures for Exhibiting Artists
2. Approve the City of Agoura Hills Art Loan Agreement
3. Authorize the City Manager to amend Policies and Procedures for Exhibiting Artists
Attachments: 1. Cultural Arts Council – Policies and Procedures for Exhibiting Artists
2. City of Agoura Hills Art Loan Agreement
Attachment 1
Cultural Arts Council
Policies and Procedures for Exhibiting Artists
1 Cultural Arts Council
Policies and Procedures for Exhibiting Artists
The Agoura Hills Cultural Arts Council (CAC) seeks to satisfy the following objectives in selecting and developing exhibitions:
To present a variety of exhibitions by local artists
To help local artists (including organizations and amateurs) increase their public exposure
To offer a venue for appreciation of cultural arts for our community and our visitors
To generate a commerce opportunity for local artists as well as create selfsustaining funding for the CAC The views expressed in the works exhibited are those of the Artist’s and are not necessarily those of the City of Agoura Hills.
The Cultural Arts Council Policies and Procedures for Exhibiting Artists (“Policy”) shall be given to and read by each prospective Artist interested in obtaining Exhibiting Artist status, prior to any review by the Selection Committee. To be accepted into Exhibiting Artist Status, the Policy must be signed and returned to the CAC.
I. CAC APPLICATION AND SELECTION PROCESS
A. Artist Eligibility
1. To apply for Exhibiting Artist status with the CAC of Agoura Hills, an Artist must complete the Exhibiting Artist Application Form (“Application”).
Thereafter, the Application will be reviewed by the Selection Committee. If the Selection Committee selects the Artist’s artwork to be featured, then the Artist will have Exhibiting Artist status.
2. In addition to the Application, the Artist may be required to submit four (4) samples of his or her artwork to the Selection Committee. a. Only original artwork will be accepted.
b. Samples must be in the form of hard copies of high resolution photos (standard 4”x6”) and must be mailed or delivered to the Agoura Hills Recreation and Event Center with the Application.
c. Samples must also include information on the artwork medium, size, and selling price (if applicable).
d. Samples will not be returned.
2 B. Selection Process
1. The Selection Committee shall include members of the CAC, City staff, and guest members selected by the CAC.
2. The Selection Committee shall review each Application and accompanying artwork and select artwork based on the current vision of the CAC.
3. The Selection Committee will base its determination on the following criteria:
a. The Selection Committee will consider a wide range of artistic expression in deciding on potential exhibitors.
b. Artwork will be selected on the basis of artistic merit, creative excellence, intellectual richness, as well as its contribution towards the spirit, goals, and theme of a proposed exhibit.
c. The Selection Committee shall consider the nature of any artwork, which may be appropriate for display to adults in some areas of the Event Center but are not suitable for viewing by children in open areas.
Artwork that contains displays of drug use, alcohol use, or depictions of human genitalia or sexual intercourse may be considered mature and unsuitable for display in front of children.
d. The Selection Committee also reserves the right to reject any exhibit in full, or in part that may be considered controversial or so objectionable under contemporary community standards in the City of Agoura Hills as to be reasonably foreseeable that it will result in harm to, disruption of, or interference with events at the event center.
4. All decisions regarding Exhibiting Artist status, as well as specific artwork selection, are at the discretion of the Selection Committee. However, the City of Agoura Hills governs all events and maintains the power to overturn all decisions. Please allow six to eight (6-8) weeks for consideration.
5. If an Artist applying for Exhibiting Artist status does not meet the criteria required by the Selection Process, the Artist may again submit an application six (6) months from the date of the first Selection Process.
6. The CAC reserves the right to select individual works to be shown with the works of other artists or may provide the opportunity for a one-person show.
7. Within two (2) weeks of the date notice is sent by the CAC that a submission was accepted for exhibition, the Artist must contact the CAC to confirm the exhibit dates and must provide a complete inventory list.
II. EXHIBITION POLICIES
A. Artwork Preparation
1. All framed artwork must have strap hangers/D-rings securely mounted to the side rails of the frame. The side attachments must be at least 1 inch below the top of the frame. No other hanging methods will be accepted. 3 2. The CAC reserves the right to reject improperly or poorly framed artwork at its discretion. Work that is fragile in nature or whose framing or display arrangement is of questionable durability may be rejected.
3. Problems with framing or wiring that occur during exhibition will result in the artwork being removed from exhibition and the Artist being contacted and asked to either repair the artwork or remove the artwork from the gallery.
4. Artist will coordinate hanging time of the artwork with City Staff. CAC members and City staff are responsible for the physical act of hanging the artwork.
5. Maximum weight for any artwork is 50 pounds.
B. Gallery Locations and Parameters
1. The Agoura Hills Recreation and Event Center contains 3 separate hanging galleries: The Event Center Gallery, the Sunroom Gallery, and the Midway Gallery. The Event Center Gallery has limitations in both piece positioning as well as duration of showcase and its availability yields to the year round events booked at The Event Center.
a. Showcases in The Event Center Gallery are subject to different guidelines in regards to the duration of showing.
C. Identification of Artwork
1. A record, including a list and description, of all artwork to be exhibited must be submitted at least two (2) weeks prior to hanging.
2. All artwork to be exhibited must be documented via a label, which shall be attached to the artwork by the Artist when it is left with the CAC. Artwork not properly identified and documented will not be displayed.
3. All artwork to be exhibited must be identified on the back of the piece and will include the following information:
a. The Artist’s name
b. The Artist’s contact information including physical address, email address, and valid phone number of Artist
c. Medium
d. Title of the artwork
e. Selling price of this artwork (if applicable)
III. DISPLAY OF ARTWORK
A. Lengths of exhibits will vary based on the CAC’s discretion. Standard parameters will be limited to a maximum of a four (4) week period. Display dates will be established in advance. (*Please note Event Center Gallery expectations section II.B)
B. No individual may display his or her artwork in the exhibit space more than two (2) times in a calendar year.
C. The CAC reserves the right to change, reschedule or cancel exhibits when necessary.
4 D. Permission to photograph and reproduce any artwork accepted in the exhibition for publicity purposes is considered granted unless otherwise stated in writing.
E. No artwork will be displayed with a “NOT FOR SALE” (NFS) label, except with the written consent of the CAC.
1. Artworks that are not available for purchase must be clearly designated “NFS” (Not For Sale).
2. Written consent for the artwork to be “NFS” must be on record.
IV. SALE OF ARTWORK
A. Any artwork on display that may be offered for sale will list prices established by the Artist.
B. Any negotiation of price must be done directly between a buyer and the Artist.
C. In the event of a sale, Artist is responsible for the actual sales exchange between the buyer and Artist.
1. There will be a twenty percent (20%) return donation to the CAC placed on all items sold.
2. Artist is responsible for including any sales tax which will be charged to the buyer.
D. Artworks sold must remain on exhibit throughout the agreed upon display period, or replaced by another piece of comparable size and content by the Artist.
E. Artwork displayed during the “Student Art Show” Exhibition may not be offered for sale for the duration of the Exhibition.
IV. REMOVAL OF WORK FROM GALLERY
A. If an Exhibiting Artist does not sell any artwork, the Artist will be asked to remove all artwork from the gallery within ten days of the end date of the exhibition and may have the opportunity to submit an application and go through the Selection Process again in six (6) months after the date on which the exhibition ends.
B. Removal by a buyer at the end of the exhibition period requires written proof of sales transaction as well as written permission of the Artist.
C. Artwork left for more than twelve (12) months becomes property of the CAC.
V. LIABILITY
The CAC, the City of Agoura Hills, or any employee of the City of Agoura Hills shall not be responsible for theft or damage to the artwork displayed during the exhibit. The CAC’s insurance policy covers only items owned by the City of Agoura Hills. Artists must provide their own insurance coverage. All Artists are required to sign a Loan Agreement, substantially in the same form attached hereto as Exhibit “A”, that binds subsequent buyers of the artwork and successors in interest and a Waiver Agreement, substantially in the same form attached hereto as Exhibit “B,” that releases the City of Agoura Hills from responsibility for any artwork displayed in the exhibit.
VI. OTHER DISPLAYING VENUES
Exhibiting Artists may be contacted about possible participation in displays at venues negotiated by the CAC. Participation is voluntary and does not affect the status of the 5 Exhibiting Artist. Artwork displayed at other venues by CAC must conform to all policies presented herein.
VII. UNDERSTANDING
I, the undersigned, have received and read a copy of the Cultural Arts Council of Agoura Hills Art Exhibit Guidelines and Policies and agree to abide by all its rules and regulations.
I understand that in offering my artwork to be displayed in the Event Center, that I release the City of Agoura Hills, its officers, officials, employees, and volunteers, from any liability for injury or damages, destruction, loss, or theft of any item or items that may occur during the display period, installation or removal of the artwork. 6 WAIVER, RELEASE, HOLD HARMLESS, AND AGREEMENT NOT TO SUE I, ______________________ (FULL NAME), fully understand that my participation in the ______________________ (hereinafter "Exhibition") exposes me to the risk of personal injury, death, communicable diseases, illnesses, viruses, or property damage. I hereby acknowledge that I am voluntarily participating in this Exhibition and agree to assume any such risks.
I hereby release, discharge and agree not to sue ____________________ for any injury, death or damage to or loss of personal property arising out of, or in connection with, my participation in the Exhibition from whatever cause, including the active or passive negligence of ___________ or any other participants in the Exhibition. The parties to this WAIVER AGREEMENT understand that this document is not intended to release any party from any act or omission of “gross negligence,” as that term is used in applicable case law and/or statutory provision.
In consideration for being permitted to participate in the Exhibition, I hereby agree, for myself, my heirs, administrators, executors and assigns, that I shall indemnify and hold harmless ____________________ from any and all claims, demands actions or suits arising out of or in connection with my participation in the Exhibition.
I HAVE CAREFULLY READ THIS RELEASE, HOLD HARMLESS AND AGREEMENT NOT TO SUE AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT IT IS A FULL RELEASE OF ALL LIABILITY AND SIGN IT ON MY OWN FREE WILL.
Artist’s Name (print): _____________________________________________________ Artist’s Signature: _____________________________________ DATE: __________ ___________________________________________________ DATE: __________ Signature/ Parent or Guardian (If under age 18)
DECLARATION
I, ____________________________________________________, declare under penalty of perjury under the laws of the State of California that I am the parent or legal guardian of Minor. I further declare that I shall indemnify and hold harmless the City of Agoura Hills from and against any and all Claims resulting from, incident to, or arising out of Minor’s participation in the Exhibition, any and all risks assumed by Minor and me above, and/or the breach of any promises, covenants, and/or representations made by me herein and/or in the above Release.
By: _________________________________
Signature of Parent/Legal Guardian
Name: _______________________________
Printed Name of Parent/Legal Guardian
7 Exhibiting Artist Application Form
Thank you for your interest in exhibiting at the Recreation and Event Center of Agoura Hills. Please complete the following application and return it when you submit your photographs.
Artist Name: _________________________________________ Date:___________ Address: ______________________________________________________________ Home phone: _________________________ Cell phone: ______________________ Email address: _________________________________________________________ Website: ______________________________________________________________ Please describe the work you wish to exhibit. Include any information not readily conveyed by your work (Medium, details, technique, unique characteristics, etc). ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please indicate the following:
The ideal number of works you would like to exhibit?
_____________________________________________________________________ The size of the works you would like to exhibit?
______________________________________________________________________ Have you exhibited your artwork elsewhere previously? If so, list where and when:
______________________________________________________________________ Will the artwork you wish to exhibit be available for sale? ______________________________________________________________________ 8 If so please list selling price (if multiple, please list range) ______________________________________________________________________ Please send submission photos and art exhibit application to:
Agoura Hills Recreation and Event Center
Attn: CAC/Kimberly Hollands, Recreation Supervisor
29900 Ladyface Court Agoura Hills, CA 91301
For more information or questions regarding the application, please call the Recreation Supervisor at (818) 597-7361.
Attachment 2
City of Agoura Hills Art Loan Agreement
CITY OF AGOURA HILLS ART LOAN AGREEMENT
This ART LOAN AGREEMENT (“Agreement”) is entered into as of ________________, by and between the City of Agoura Hills, a municipal corporation (“City”) and __________________________________ (“Artist”), with reference to the following facts.
RECITALS
A. City has established an Exhibiting Artists Policy in cooperation with the Cultural Arts Council (“CAC”) which authorizes the temporary display of selected works of art on appropriate City-designated spaces in the Agoura Hills Recreation and Event Center (“Site”).
B. The CAC has approved a temporary art display, titled “_________________ _____________________________________” (“Exhibition”).
C. The Artist desires to participate in the Exhibition and loan City artwork created by Artist.
NOW THEREFORE, in consideration for the mutual promises, conditions, and agreements set forth herein, the City and the Artist agrees as follows:
1. Loan. Artist agrees to lend to City the artwork more particularly described in Exhibit A (“Art Work”) and City agrees to borrow the Art Work for the purpose of exhibiting the Art Work as part of the Exhibition at the Site. City at all times has the sole discretion to determine the exact location of the Art Work at the Site or any other location in which to exhibit the Art Work.
The Art Work shall remain in the possession of the City for the time specified herein, but Artist agrees that the CAC may withdraw the Art Work from the Exhibition at any time in City’s sole discretion and that this Agreement may be terminated by the City at any time with or without cause. If so withdrawn or terminated, the City shall provide notice of said action to Artist.
2. Loan Term. The term of the loan of the Art Work shall be from ______________, and ending on ______________.
3. Transportation, Delivery, Installation and Removal. Artist certifies that the Art Work is in such condition as to withstand ordinary strains of transportation, delivery, and handling.
Artist is responsible for all costs incurred in the transportation, delivery, installation and removal of the Art Work. Installation and de-installation of the Art Work at the Site shall be coordinated with the City. Artist hereby releases and holds the City, City Council and each member thereof, and every officer, employee and agent harmless from any liability for damage to or loss of the Art Work, regardless of who causes such damage, which results from the transportation, delivery, installation and removal of the Art Work.
4. Care and Preservation.
a. The City will exercise the same care with respect to the Art Work as it does in the safekeeping of comparable property of its own. It is understood, however, that the Art Work shall be displayed in a high-traffic location at the Site. City makes no warranty of any kind as to the fitness of the Site for display of the Art Work, and Artist acknowledges that the Art Work may be subject to exposure to and damage from light, temperature, dust, dirt, humidity, human contact, and the possibility of theft, vandalism and malicious mischief. b. In the event of any damage to the Art Work which requires immediate repair or removal of the Art Work in order to prevent injury to persons or property, Artist shall at its own cost either immediately repair or remove the Art Work following receipt of notification from City of the need for such repair. In the event Artist fails to perform the repairs or removal within a reasonable time, or if the damage to the Art Work is such that immediate action is required in order to prevent injury to persons or property, City may take action to remove, repair and/or secure the Art Work and Artist shall reimburse City for all costs and expenses incurred in connection therewith promptly following receipt of a written statement. Notwithstanding, City reserves the right to require removal of the Art Work if the City determines, in its sole discretion, that the Art Work may be a safety hazard. In such case, Artist shall be notified to transport its Art Work from the Site upon its removal by the City.
c. Artist hereby releases and holds the City, City Council and each member thereof, and every officer, employee and agent harmless from any liability for damage to or loss of the Art Work, regardless of whom or what causes such damage, and City shall not be responsible for the preservation and/or safekeeping of the Art Work, nor shall City have any liability for theft, loss or damage to the Art Work.
5. Insurance. Artist shall insure the Art Work for its stated value set forth in Exhibit A under a standard policy of insurance for art objects during the term of this Agreement. Artist shall insure the Art Work under a standard policy of insurance for Art Work against all risks of physical loss or damage which may contain standard exclusions, including exclusions for wear and tear, gradual deterioration, insects, vermin; damage from repair, restoration or retouching processes; hostile or warlike action, insurrection, and rebellion; and nuclear reaction or radioactive contamination. Prior to the delivery of the Art Work, Artist shall supply the City with a certificate of insurance naming the City as an additional insured. In the event such insurance is not adequate to cover losses which arise in connection with this Agreement, Artist shall be responsible for all such losses not covered by insurance and hereby releases City, City Council and each member thereof, and every officer, employee and agent of City from any liability for any and all claims arising out of such loss or damage.
6. Indemnification. Artist hereby warrants that, to its knowledge, the Art Work is durable, structurally sound, properly constructed and securely fastened. Artist hereby agrees to defend, indemnify, protect and hold harmless City, and its officers, agents and employees, from and against: (i) any and all losses, liability, costs or expenses (including attorneys' fees and costs) arising from or in connection with, or caused by the intentional, reckless, negligent or otherwise wrongful act or omission of Artist, its agents, employees, subcontractors or other personnel; (ii) any and all losses, liability, including property damage or death, and costs or expenses (including attorneys’ fees and costs) arising out of or related to defects of the Art Work; (iii) any copyright or ownership issues relating to the Art Work; (iv) any other liabilities arising from the Art Work.
7. Removal of Art Work. Upon the expiration of the term of this Agreement or if sooner terminated as set forth herein, Artist shall remove the Art Work from the Site. In order to minimize disruption of pedestrian and/or vehicular traffic, Artist shall schedule the removal with the City, at least ten days in advance of the date of termination. Artist is responsible for the costs of transporting the removed Art Work from the Site. If Artist fails to retrieve the Art Work within thirty (30) days after the term of this Agreement, City shall have the right to remove and store the Art Work at a City facility at Artist's cost and expense. If City is required to remove the Art Work from the City facilities for storage at another location, Artist shall reimburse the City for all cost and expenses incurred for the removal and storage of the Art Work. Artist shall reimburse the City promptly following receipt of a written statement. If, after one year, the Art Work has not been reclaimed, then, and in consideration for its storage, insurance and safeguarding during such period, the Art Work shall be deemed an unrestricted gift to the City. If the legal ownership of the Art Work shall change during the pendency of this loan, whether by reason of death, sale, insolvency, and gift or otherwise, the new owner may, prior to the Art Work's return, be required to establish his or her legal right to receive the Art Work upon proof satisfactory to the City.
8. Artist’s Credit. During the term of this Agreement, City shall place a credit near the Art Work which contains the name of the artist(s) and the title(s) of the Art Work as set forth in Exhibit A along with such other information as the City and the CAC deem appropriate.
9. Artist's Warranty. Artist represents and warrants to City that it is the owner of the Art Work and has the proper legal authority to loan the Art Work to City on the terms and conditions set forth in this Agreement. Artist shall hold harmless City, and its officers, agents and employees from any and all losses, liability, costs or expenses (including attorneys' fees and costs) arising from any breach by Artist of such representation and warranty.
10. Sale of Artwork. Artist may sell the Art Work during the term of this Agreement; however, Artist shall as part of the sale ensure that this Agreement, and the obligations and rights hereunder, are assigned to the new owner. Under no circumstances shall the sale of the Art Work adversely affect City’s rights under this Agreement, including, but not limited to City’s right to possess the Art Work under the term hereunder. Upon its sale, payment for the Art Work must be submitted to the City and City will retain 20% of the proceeds as a donation to the CAC and pay the remaining sum to Artist. Additionally, Artist shall provide to City must proof of transfer of ownership and written notice as to whom the Art Work should be released to upon expiration or termination of this Agreement.
11. Photography and Reproduction. Artist authorizes City to photograph, telecast, videotape, reproduce and publish the Art Work in any medium for any purpose including but not limited to archival, educational and publicity purposes related to the Exhibition and/or the City. It is understood that during the Exhibition there will be no prohibition against patrons or the media from photographing or videotaping any of the Art Work contained in the Exhibition. This provision shall survive termination of this Agreement.
12. Addresses for Notices. Any notices, demand or documents required by this Agreement shall be in writing and may be deemed received on (a) the day of delivery if delivered by hand during the receiving party's regular business hours or by facsimile before or during the receiving party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth as follows:
To City: Attn: Cultural Event Coordinator
City of Agoura Hills
29900 Ladyface Court
Agoura Hills, California 91301
To Artist: See Exhibit A.
Either party shall have the right to designate a different address by written notice similarly given. Artist shall notify City promptly in writing if there is any change in ownership of the Art Work or if there is a change in the address of Artist. City assumes no responsibility to search for Artist or subsequent owner if it cannot be reached at the address of record provided herein.
13. General. This Agreement represents the entire integrated agreement between City and Artist and supersedes all prior negotiations, representations or agreements, either written or oral. Except as otherwise provided herein, this Agreement may be amended only by a written instrument signed by both the City, through its City Manager and Artist. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. In the event either party shall commence any action against the other party relating to this Agreement or for the breach of any obligation contained herein, the prevailing party shall be entitled to recover from the losing party reasonable attorneys’ fees, expenses and court costs.
14. Successors, Assigns and Transfers of Ownership. The terms of this Agreement shall be binding upon and inure to the benefit of the respective heirs, successors in interest and assigns of the parties hereto. Artist shall not assign or attempt to assign any portion of this Agreement without the prior written approval of City, except as otherwise provided herein.
15. Contract Administration. The City Manager, or his designee, shall be the City’s designated representative with respect to this Agreement. The City Manager shall have the authority to give approvals or consents required hereunder and to otherwise act on behalf of the City for purposes of this Agreement
IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written.
CITY OF AGOURA HILLS
_______________________________
Nathan Hamburger, City Manager
ATTEST:
______________________________
Kimberly M. Rodrigues, City Clerk
APPROVED AS TO FORM:
_____________________________
Candice Lee, City Attorney
ARTIST: [Name]
_____________________________
________________________, Artist
[Name]
EXHIBIT A
ARTWORK DESCRIPTION
Exhibition:___________________________________________________________________ Address of Artist:______________________________________________________________ Business, Home and Cell Phone Number of Artist:____________________________________ ____________________________________________________________________________ Description of Art Work
Title of Art Work:______________________________________________________________ Type of Art Work:______________________________________________________________ Medium of Materials and Support:_________________________________________________ Height and Width of Art Work:____________________________________________________ Insurance Value (U.S. Currency):__________________________________________________ Insurance Value Determined By:__________________________________________________ ____________________________________________________________________________ Remarks on the Condition of Artwork:______________________________________________ ____________________________________________________________________________