TO: Honorable City Council
FROM: City Manager
SUBJECT: Consider a Request to Modify Previously Approved Art in Public Places (“AIPP”) Program in Conjunction With a New Parking Structure Built at 5401 Telegraph Road, Commerce, CA MEETING DATE: August 8, 2023
APPLICATION REQUEST:
Consider a request for a Public Art proposal approval by the applicant, AltaMed Health Services Corporation at the project site located at 5401 Telegraph Road in accordance with the Art in Public Places (AIPP) Ordinance.
BACKGROUND:
On September 20, 2016, the City Council adopted an Art in Public Places (AIPP) Ordinance. The purpose of such a program is to ensure the incorporation of public art into the community and into development projects within the City. City Council determined that public art is a critical element of providing a diverse and culturally rich environment to residents and visitors and enriches the community with aesthetic qualities. Pursuant to the Ordinance, projects with a valuation in excess of $250,000 are subject to the Ordinance, and the applicants are either required to install artwork or pay an in-lieu fee. The cost of the artwork or in-lieu fee must be equal to one percent (1%) of the project’s valuation.
At its regular meeting on December 27, 2017, the Planning Commission conditionally approved Conditional Use Permit No. 518 and Plot Plan No. 987: To allow the establishment and operation of an office land use within the M2 (Heavy Industrial) zone. In its decision, the Planning Commission approved the project, including the construction of a new five-story parking structure located at 5401 Telegraph Road that will accommodate a total of 662 parking spaces and will measure 65 feet in height. The project site is approximately four acres in size and is located north of the intersection of Telegraph Road and Camfield Avenue in the City of Commerce.
On June 4, 2019, the City Council considered and approved the installation of an art program consisting of various images of figures taking part in health activities on the south, east, and west elevations of the parking structure.
On June 23, 2020, Altamed submitted a letter to staff stating the financial impacts associated with COVID-19 led them to their inability to fulfill their commitment and are unwilling to install the proposed art panels along the elevations previously approved by the City Council and discussed in the report on June 4, 2019. The letter stated that Altamed had added some enhancements to the parking structure since it was built, such as color lighting, backings, paints, and installation of z-girts on the corners and center of the street-facing façades (Attachment A). In total, the applicant claims to have invested $1,192,056 dollars in these improvements and asked for the City to accept these installations in lieu of the requirements of the Art in Public Places Ordinance.
On July 21, 2020, City Council denied Altamed’s request to reconsider their obligations for the Art in Public Places Ordinance that was previously approved on June 4, 2019. On January 10, 2023, staff followed up with a representative from Altamed related to the missing art proposal following the June 23, 2020, meeting. According to Altamed’s Vice President of Facilities, Luzmaria Chavez, they claim to have been unaware of the denial from the council meeting held on June 23, 2020 and agreed to provide staff with a letter and an alternative proposal to comply with their requirement under the Art in Public Places Ordinance. Associate Vice President/Chief Curator for the Altamed Art Collection, Susana Smith Bautista attributed delays in the submittal of a revised art proposal to staffing issues.
On May 11, 2023, Altamed submitted a Public Art Concept and a letter (Attachment B) to staff proposing for consideration to create of a large-scale garden fence painting depicting the native flora, food, and medicinal plants on the South and West elevations (Attachment C).
As staff does not have the authority to administratively grant an exception to the Art in Public Places Ordinance without City Council approval, it is bringing the request to the City Council to consider the request and provide direction to staff as they may deem appropriate.
ALTERNATIVES:
Approve the applicant’s request
Disapprove the applicant’s request the applicant to pay the 1% in-lieu fee (estimated in-lieu fee of $90,000) Provide further direction to staff
FISCAL IMPACT:
There is no fiscal impact on the General Fund. All the costs of this project will be absorbed by the property owner.
RELATIONSHIP TO STRATEGIC GOALS:
The issue before the Council is consistent with the Beautification and City Branding to include Art in Public Places Action Item under the Infrastructure and Facilities section of the City’s Strategic Plan. This Action Item calls for City to develop concepts for aesthetic improvements, motifs, public art, and city branding including financing options.
Prepared by: Gisselle S. Delgado, Management Analyst
Reviewed by: Vilko Domic, Finance Director
Approved as to form: Noel Tapia, City Attorney
Respectfully submitted: Edgar P. Cisneros, City Manager ATTACHMENT: A. 1st Letter from Altamed 06/23/2020
B. 2nd Letter from Altamed 05/09/2023
C. Artwork Elevations Proposal
D. Original Approved Artwork Proposal
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CITY OF COMMERCE
AGENDA REPORT
Item No.