These factors have taken into consideration the fixed cost component within the volumetric rates that will not change as water use decreases. Our analysis takes into consideration water necessary for health and safety versus more discretionary uses (i.e., water used for irrigation purposes). Irrigation water use is more discretionary and those customer classes with more irrigation (i.e., single-family) are required to cutback more than those with less (i.e., multi-family). Multipliers are developed for each shortage stage in the City’s Water Shortage Contingency Plan so that rates are increased to offset conservation reductions in each stage, as determined by City Council. The multipliers could be applied when the State or City Council requires its customers to reduce consumption. These drought rates can be included in the notice so that the City can make revenue neutral adjustments without triggering a full Proposition 218 process.
Deliverables: Drought surcharge rates integrated into the five-year water and wastewater models developed in Tasks 2 and 3.
Task 5 – Rate Study Reports
We shall document the results of the analysis in a Draft Report, which we shall review with City staff and revise accordingly, based on their comments. The documentation will explain how the methodology complies with the substantive provisions of Proposition 218, relevant court decisions, and other assumptions. The Draft Report will be revised accordingly, based on input from staff and City Council and a Final Report will be published. The Final Report will be finalized prior to mailing the Proposition 218.
Deliverables: (1) Draft and (1) final report per utility (2 separate water and wastewater reports).
Task 6 – Public Meetings, Presentations, and Implementation The purpose of this task is to present the results of the analyses to City staff, City Council, and the public.
We assume the meetings and presentations described here will encompass both water and wastewater results. This will allow for a streamlined, efficient, and cost-effective study.
Public Meetings
The City has requested six in-person meetings for the presentation of results to be made to City Council and the public. Of the meetings required, we have assumed the following:
• Two initial study sessions with City Council to present preliminary results and obtain feedback. • One final presentation to the City Council in April, during which the Council would provide authorization to City staff to mail the Proposition 218 notice to adopt rates. • One community meeting (as detailed in the Implementation section below). • Two Council meetings to adopt rates via the ordinance in June 2024. This includes the public hearing and first reading of the ordinance on June 3, 2024, and second reading of the ordinance on June 17.
We will plan to present to the public at each of the initial four meetings listed above. We will be on hand to address any questions during the final two meetings and can summarize the rate study during the Public Hearing, if desired by the City.
Proposition 218 Notice
With assistance from the City Attorney’s office or outside Counsel, we shall assist in the preparation of the Proposition 218 notice. One Proposition 218 notice can be mailed for both utilities, which will save 17 May 1, 2023 Item 05
Consulting Services Agreement
For Water and Wastewater Utility Rate Studies
time and expenses. It is our assumption the City would print and distribute the Proposition 218 notice to rate payers.
Implementation
We shall conduct one in-person community meeting with City staff to present proposed rate adjustments.
The meeting will review the rate study goals and objectives, summarize the costs and revenues of each utility, and the proposed rate increases and bill impacts. We shall work with staff to determine when the City prefers to schedule these meetings, as past clients have elected to hold public meetings before or after initiation of the Proposition 218 process (i.e., mailing the notice), or sometimes both before and after the Proposition 218 process has begun. Timing depends on the City’s goals in gathering ratepayer input and educating the public.
Deliverables: Six in-person presentations and presentation slides, including the Proposition 218 hearing and two readings of the ordinance to adopt rates; Proposition 218 notice in PDF and Microsoft Word formats.
Task 7. Project Management
An allowance is required for monitoring schedules and budgets, periodic status calls with City staff regarding the progress of the project and other issues, and quality control checks to peer review our analyses and work products. This task includes creation of project progress reports and control reports for invoicing.
Deliverables: Monthly invoices and schedule updates; Quality control review.
Optional Tasks
Optional Task A – Midterm Review
The City has the opportunity to perform a review of the adopted rate structure and financial health of each utility as early as prior to the second year of implementation of rates (FY 2025-26). The scope for this work includes reviewing the projected revenue requirement and revenues from recently adopted rates and providing any recommendations to adjust the five-year study. For each utility, our team will update the utility rate models prepared in Task 2 and add supplemental years to the planning period analyzed to provide a minimum five-year projection. We will issue an addendum to each final report that was provided as part of Task 5 in the original study. The analysis does not include revising the cost-of-service analysis.
Instead, only uniform increases would be recommended to adjust water or wastewater rates if larger revenue increases are necessary than what the original Proposition 218 notice specified.
The scope of this task assumes our team would provide an updated model, addendum to the final report for each utility. If alternative increases are necessary, we can provide a Proposition 218 notice for adjusting rates. We have assumed three remote meetings with City staff to discuss any pertinent findings or recommendations. However, we have excluded any public meetings, including presentations to City Council. We assume staff can present the recommendations to City Council. However, we are happy to re-visit the desired level of scope City staff would like us to perform if staff elects to pursue a midterm review at a later date.
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Deliverables: Revised five-year models for both water and wastewater utilities, addendums to final reports with new analysis and recommendations of maintaining the previously approved rate increases or something different, Proposition 218 notice. Up to three remote meetings with City staff.
Optional Task B – Connection Fees
While the City is built out, redevelopment and the potential onset of accessory dwelling units, in light of recent legislation, present capital funding opportunities through increased connection fee revenue. One benefit of updating connection fees at the same time as water and wastewater rates is that the increase in funding for capital projects helps to relieve some of the burden from rates. Ideally, connection fees are updated with a Master Plan that is not more than five years old. If the City has not renewed its Master Plan within the last five years, we would recommend waiting.
Our approach to deriving connection fees is based on years of experience working with public agencies and the development community. Should the City wish to pursue updating connection fees, we propose a simple methodology that is easy to explain and understand, easy to administer in the future, and is in full compliance with Government Code Section 66000 et seq. To this end, we calculate connection fees that are based on the unit cost of capacity. The cost of capacity equals the value of existing and planned facilities. The unit cost is derived from dividing the sum of the existing and future facilities by the corresponding capacity it provides.
Our scope would follow a similar trajectory to the rate studies. We would issue a data request, build a model to derive the connection fees, and document the results in a report or technical memorandum.
Comparisons of connection fees from neighboring jurisdictions would be included. We can provide separate documents per utility. We assume City staff would present the results to City Council for approval and have not included public meetings within our proposed estimate. Two progress meetings have been assumed for communication of results with staff.
Deliverables: Data Request; Meeting Notes; Development Fee Model. 19 May 1, 2023 Item 05
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EXHIBIT “B”
FEE PROPOSAL
Our cost proposal is detailed in the figure below and reflects our current understanding of the project.
The total not-to-exceed fee estimate is $89,180 for the requested base services. If the City chooses to pursue both optional tasks, the total fee estimate would be $143,270. The City will be billed on a time and materials basis. Our cost proposal is subject to review with the City to confirm that it meets the City’s needs and does not include unnecessary services. Reimbursable costs (e.g., mileage reimbursement or other travel expenses) are charged without markup.
HF&H is committed to providing value-added services as cost-effectively as possible for our clients. It is our practice to bill only for hours spent on the project. If additional work is required, we notify our clients as soon as possible to receive authorization. Additional work is work over and above the hours estimated for existing tasks or for work on new tasks.
City of Del Mar Simonson Sasser Michalczyk Tam
FY 2024-25 Water and Project Project Lead Support
Wastewater Rates Study Director Manager Analyst Analyst Admin Total Task 1 - Kickoff Meeting & Progress Meetings
Task hours 16 16 16 4 0 52
Task 2 - Revenue Requirement Analaysis
Task hours 2 8 14 24 0 48
Task 3 - Cost-of-Service Analysis/ Rate Design
Task hours 8 10 16 30 0 64
Task 4 - Drought Surcharge Rates
Task hours 2 2 10 4 0 18
Task 5 - Rate Study Reports
Task hours 6 22 20 12 6 66
Task 6 - Public Meetings, Presentations
Task hours 36 30 20 8 8 102
Task 7 - Project Management
Task hours 2 4 2 0 0 8
Total Hours 72 92 98 82 14 358
Hourly Rate $330 $255 $225 $150 $115
Total Fees $23,760 $23,460 $22,050 $12,300 $1,610 $83,180 % of Total Hours 20% 26% 27% 23% 4% 100%
Total Fees $83,180
Direct Expenses (travel, copies) $6,000
Total Fees & Expenses $89,180
Optional Task A - Midterm Review
Task hours 12 32 40 35 8 127
Optional Task B - Water and Wastewater Connection Fees
Task hours 20 24 42 40 0 126
Total Optional Task Hours 32 56 82 75 8 253
Hourly Rate $330 $255 $225 $150 $115
Total Optional Fees $10,560 $14,280 $18,450 $11,250 $920 $54,540 Total Fees (Tasks 1-7, from above) $83,180
Direct Expenses (travel, copies) $6,000
Total Fees & Expenses w/ Optional Tasks $143,720
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City of Del Mar
Agenda Report
________________________________________________________________________________________________________ City Council Action:
TO: Honorable Mayor and City Council Members
FROM: Michael Luna, Special Projects & Programs Manager Clem Brown, Assistant City Manager
Via Ashley Jones, City Manager
DATE: May 1, 2023
SUBJECT: Del Mar Civic Center Public Art Placement Update REQUESTED ACTION/RECOMMENDATION:
Staff recommends that the City Council receive an update on the public outreach process for consideration of the placement of public art at the Del Mar Civic Center and provide direction and final approval to begin the sixty (60) day public comment period.
BACKGROUND:
The Art Advisory Committee (AAC) plays an integral role in the implementation of the City of Del Mar’s (City) Public Art Program (Program) as described in the City Council Public Art Policy #113 (Art Policy) (Attachment A). The AAC serves in an advisory capacity to City Council as the review body for all public arts projects. The AAC advises the City on matters pertaining to public art and acts as the selection committee for public art projects.
The AAC is required to utilize specific criteria identified in the Community Standards (pg. 4 of Attachment A) and Review of Public Art Proposals (pg. 6 of Attachment A) sections of the Arts Policy when reviewing art for permanent or temporary placement in public spaces in the City. These criteria are meant to ensure that art selected for public display has been reviewed and evaluated for things such as artistic quality, suitability for the intended location, physical condition, and appropriateness. This is the same criteria that the Council is required to take into consideration when approving the selection of public art for placement in the City.
On July 11, 2022, the City Council received a proposal from the AAC and the Del Mar Foundation (DMF) to begin the process for consideration of placement of public art at the Del Mar Civic Center. The Council approved, in concept, the potential display of artwork at the Civic Center and authorized the AAC to work on a proposal for the acquisition and installation of public art outdoors at the Civic Center, consistent with the Art Policy. 1 May 1, 2023 Item 06
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Del Mar Civic Center Public Art Placement Process Update May 1, 2023
On February 22, 2023, the AAC held a special meeting to review the Civic Center Art Program Subcommittee’s work on the Civic Center public art selection process and develop a recommendation to the City Council on next steps. This included a review of the City’s Public Art Policy (Attachment A) and Art Approval Process & Flowchart (Attachment B), a review of the proposed eighteen (18) artworks recommended to the AAC by Vivian Brodiea, a qualified art consultant (Attachment C), and a discussion of next steps for facilitating and encouraging public participation in the review process. After the discussion, the AAC voted unanimously to recommend to the City Council the advancement of three (3) of the eighteen (18) sculptures for further consideration and to seek Council authorization to move forward with a comprehensive public engagement process.
On April 3, 2023, the City Council received a presentation from staff and the AAC Chair, and provided feedback on the next steps for the Del Mar Civic Center public art selection process. That feedback included increasing the public comment period from the standard thirty (30) days included in the Art Approval Process to sixty (60) days; adding story poles for the three (3) AAC recommended sculptures; and revising the public outreach survey (Attachment D) to include a “none of the above” option with regard to the ranking of the recommended art pieces under consideration. Staff also agreed to work with the AAC to identify any other sculptures that met the Art Policy criteria that, although not being recommended for further consideration by the AAC, could be reviewed and indicated as preferred by members of the public as part of the survey.
DISCUSSION/ANALYSIS:
To prepare for the public outreach process, staff asked the AAC to determine which sculptures, in addition to the three (3) recommended for advancement by the AAC, meet the Public Art Policy criteria, and could be added to the outreach materials for comment by the public in the survey (Attachment E). Following the April 3, City Council meeting, staff also received inquiries as to whether the three (3) sculptures recommended by the ACC meet the Art Policy criteria, what questions will be included in the survey, and concerns that some of the art pieces initially considered by the AAC appear financially infeasible.
The purpose of this agenda item is to address the questions and concerns that have been raised, which will include staff and the AAC providing a detailed presentation on the 18 art pieces considered and how each may or may not adhere to the Arts Policy criteria and whether they are compatible with the site. The presentation is intended to clarify and provide more detailed information regarding the process undertaken by the AAC and a better understanding of the Arts Policy criteria and how it was applied to each proposed sculpture. Staff will also ask the Council to review the draft public outreach survey (Attachment D) and provide feedback.
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City Council Agenda Report
Del Mar Civic Center Public Art Placement Process Update May 1, 2023
FISCAL IMPACT:
There is no fiscal impact or action to be taken by the City Council related to this agenda item.
ATTACHMENTS:
Attachment A – Public Art Policy
Attachment B – Public Art Approval Process and Flowchart Attachment C – Proposed Sculptures
Attachment D – Civic Center Sculpture Draft Survey
Attachment E – AAC Evaluation of Proposed Sculptures
3 May 1, 2023 Item 06
Updated 7/26/17 Page 1
City of Del Mar
Public Art Program
The Del Mar Public Art Program seeks to ensure the
highest quality of design, where public art has a constant presence in our community.
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CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
113 PUBLIC ART POLICY
DATE REVISED: 5-15-2017
BY RESOLUTION: 2017-32
PAGES: 1 OF 12
SCOPE:
The original concept of public art in Del Mar included art on public property (i.e. City Hall, Camino del Mar, parks and greenspace), and regulation of public art on private property and as a part of private development. The proposed course of action is to start slowly – displaying art on public property, and thereby demonstrating success – and at a later time consider art in conjunction with private development.
ACKNOWLEDGEMENTS:
These proposed guidelines are based on the very thorough work of the Del Mar Village Association (DMVA) Art Committee who researched the art policies of other successful programs in the country.
PROCESS:
This policy is the byproduct of grassroots community interest. The following steps are critical to successful implementation:
1. Concept and draft proposed by DMVA and interested community members
2. Draft discussed and modified by the City Council Ad-Hoc Committee
3. Draft reviewed by key community stakeholders
4. Draft reviewed and approved by the City Council, and implemented by City staff and the Art Advisory Committee
I. PROGRAM INTENT
It is the intent of the City of Del Mar to create a Del Mar Public Art Program (hereinafter “the Program”) with guidelines specifically designed to promote the arts in public places in the Commercial Zones (including the Visitor, Central, North, and Beach Commercial Zones hereinafter Commercial Zones), Public Facility Zones (including the City Hall and Del Mar Shores properties) and public parks in Del Mar. It is intended that art will serve as cultural enrichment to the residents of the City and the community life along with enhancing the economic vitality of the City.
The Program seeks to ensure the highest quality of design where public art has a constant presence. The City wishes to advance Del Mar’s reputation as a unique community by expanding 5 May 1, 2023 Item 06
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residents' appreciation of art, reflecting the City's aspiration to improve the quality of life, enhancing public spaces for all residents and visitors and becoming a city recognized for innovation and creativity. The Program works to integrate art and the ideas of artists into the development of public settings by collaborating with local and nationally known artists to include the values and history of our community into their work.
The Program will be implemented as a pilot program to last five (5) years from the date of adoption by City Council. The first two years will be focused on art donated to the City or purchased with donated funds. After the two year period, the Policy will be expanded to include pieces purchased by the City. At the end of the five-year pilot program, the City Council should evaluate the Program and determine if the program should be continued or expanded.
II. PROGRAM GOALS
The City of Del Mar aims to develop a Program that represents a wide range of artistic styles and disciplines through a process that encourages community dialogue and involvement. All of these actions will help identify Del Mar as a community committed to art and culture. The goals of the Program include:
To acquire and commission quality and diverse works of art for community enrichment that is site specific and environmentally responsive. o Five works acquired in three years
To support and involve artists in developing, collaborating and implementing Del Mar's public spaces and community development projects. o 80% of Del Mar artists rate involvement high or very high on survey To encourage collaboration between artists and architects, landscape architects and civil engineers for public projects.
o 60% of Del Mar artists, architects and engineers see improvement in collaboration To encourage an environment for artistic creativity in Del Mar and promote Del Mar as a leader in arts, culture and public art.
o 70% of visitors rate Del Mar high or very high as leader in arts, culture and public art.
To increase awareness of Del Mar's art in public places as an integral component for attracting business and visitors to Del Mar.
o 80% of visitors aware of Del Mar’s Public Art Program 6 May 1, 2023 Item 06
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III. ELIGIBLE FORMS OF PUBLIC ART
The City of Del Mar wishes to encourage the broadest interpretation of art and the diverse venues used by artists. Art may include all forms of original creations of visual art, which may be temporary as well as permanent. The media and materials eligible to be used by artists include, but are not limited to, the following:
Sculpture: Free standing, wall supported or suspended; kinetic, electronic, etc., in any material or combination of durable materials.
Murals or portable paintings: In any material or variety of materials, with or without collage or the addition of non-traditional materials and means. Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound film, holographic and video systems, hybrids of any media and new genres.
Standardized fixtures such as gates, streetlights, etc., may be contracted to artists for unique or limited editions, provided the work is designed specifically for the city as public art.
Architectural elements designed and executed by visual artists in collaboration with an architect or landscape architect; which may be incorporated into, upon or adjacent to publicly funded structures or projects such as streetscapes, walls, and other development efforts.
Design elements incorporated into a Capital Improvement Project, designed by an artist for fabrication and execution by the project contractor. Musical, sound and visual effects that highlight or accentuate a piece of art.
IV. INELIGIBLE FORMS OF PUBLIC ART
The following items are identified as ineligible for inclusion in the Program. (These items may be funded through other programs or departments within the city, but they do not fall within the parameters of public art):
Directional elements such as super graphics, signage or color-coding except where these elements are integral parts of the original work of art. “Art objects” which are mass-produced as a standard design such as playground equipment, fountains or statuary objects.
V. COMMUNITY STANDARDS
All artwork considered by the Art Committee for inclusion in the Program shall be reviewed in the context of the contemporary, community standards of the City of Del Mar. No art will be selected that is obscene as determined by the aforementioned standards in the sole discretion of 7 May 1, 2023 Item 06
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the Art Committee and the City Council. Further, it shall be the policy of the City of Del Mar that once artwork is selected by the Art Committee (after an opportunity for the public to comment) and approved by the City Council (which is a further opportunity for the public to comment), said artwork will be displayed by the City of Del Mar for the time period set forth in an agreement with the artist. No artwork will be removed from display before expiration of the agreed time based upon its content. All art will be displayed pursuant to a written agreement between the City and the artist/owner. All such agreements will contain waivers from the artist of the artists rights under 17 U.S.C. 106A, 17 U.S.C. 113(d) and California Civil Code Section 987. None of the foregoing will apply if the City of Del Mar is the owner of the work of art.
The Art Committee shall use the following criteria for determining if a work of art complies with community standards:
1. Is the art work appropriate for the site at which it is intended to be displayed? a. Does the work fit with the architecture of the site? b. Does the theme of the art complement the character of the site and the City?
2. Is the art work secular in nature?
a. Does the work fit with religious diversity in the City? b. Does the work neither advance nor inhibit religion?
c. Does the work avoid excessive entanglement of the City in religious matters?
3. Does the art work fit with diversity of opinion within the City? a. Is the work inclusive of all citizens of the City?
b. Does the work allow differing viewpoints and opinions? c. Does the work promote a positive image of the community and its citizens?
4. Is the art work obscene?
a. Does the work avoid appealing to the prurient or sexual interest? b. Is this a work that is suitable for viewing by children? c. Would a large number of citizens find the work offensive because of sexual content or sexual suggestiveness?
All art submitted to the City for consideration for display on public property shall be initially evaluated by the Art Committee using the above criteria. If, in the sole discretion of the Art Committee, a work of art does not meet the initial criteria as set forth above, the work of art shall no longer be considered by the Art Committee. If any artist feels that the Art Committee has not appropriately applied the above criteria, the artist may seek review by the City Council.
Public art owned by the City is a form of government speech from the City to the public which is protected by the First Amendment.
The City of Del Mar has the right to monitor and govern such speech in its sole discretion. 8 May 1, 2023 Item 06
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VI. ART ADVISORY COMMITTEE
The Art Advisory Committee (AAC) plays an integral role in the implementation of the Program. The AAC serves in an advisory capacity to City Council as the review body for all public arts projects. The AAC advises the City of Del Mar on matters pertaining to public art and acts as the selection committee for public art projects. The AAC may be convened by the City of Del Mar on a project-specific basis, or to serve on multiple public art projects.
1. The AAC is composed of seven (7) members appointed by the City Council. AAC members serve at the will of the City Council and may be removed from office by the City Council at any time, without cause.
2. The term of office for AAC members shall be for a three (3) year period commencing on the actual date of appointment and ending on June 30 of the 3rd year thereafter.
Members’ terms shall be staggered, so that annually, two (2) or three (3) of the seven (7) members are subject to reappointment.
3. The members of the AAC will be selected on the basis of each member’s specific expertise relating to public art.
a. Members shall be Del Mar residents, or individuals with a business located in one of the Del Mar Commercial Zones, and to whom one or more of the following apply:
i. Knowledgeable about contemporary art or related fields; ii. Willing to represent the local community’s interest in a public art project; iii. Willing to become familiar with the public art process; iv. Willing to be available for multiple or follow-up meetings if necessary. b. The ideal make-up of the AAC will be a balanced membership consisting of four (4) residents (preference given to those with art backgrounds/experience), one (1) business owner (preference given to art-related business), One (1) DMVA representative, one (1) Del Mar Foundation representative. c. Each member appointed to the AAC will be required to certify in writing that s/he has read the Public Art Policy and understands it.
4. The AAC shall appoint a chairperson and shall designate ex officio advisers to assist in the AAC functions without vote.
5. Non-voting ex-officio advisers may include:
a. A visual artist;
b. An architect or urban designer; and
c. An art professional such as a curator, fine arts collector, art critic or art educator.
6. The AAC will follow all guidelines for meetings specified in the Brown Act, including agendas, meeting notices, and public testimony.
7. The AAC shall not conduct any business unless a quorum is present. A quorum shall be a majority of the then-available seats on the AAC.
8. All selections and siting of public art approved by the AAC shall be subject to approval by the City Council.
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VII. REVIEW OF PUBLIC ART PROPOSALS
In general, acceptance and placement of art in Del Mar should be in accordance with these guidelines, current or historic use, community plans, and City Council goals. The location and design of the art should be consistent with the character and design intentions of the proposed site. The quality, scale and character of the art should be at a level commensurate with the particular setting.
The AAC may make requests for art proposals using the following methods:
1. Open Competition
2. Limited Invitation (a few artists)
3. Invitation (one artist)
4. Direct Purchase
All proposals for the display of public art on public property must be submitted to the AAC. The AAC shall consider the following criteria when reviewing art for permanent or temporary placement in the public spaces in Del Mar. The City Council shall utilize the same criteria when considering whether to accept or reject an AAC recommendation. The artistic quality, uniqueness, style and nature, aesthetic and/or historical significance of the art.
The art’s physical condition and whether the art is of exhibition quality. Whether the City already owns sufficient examples or better examples of this type of art by a particular artist in a particular style.
Whether the signage for art on public property conforms to the City of Del Mar plaque standards to include the artist's name, title and date of work, and where appropriate, a dedication. The name of the donor or lender may be part of the installation. [Note: City of Del Mar Plaque Standards will need to be developed] Whether sufficient funds are available for insurance and maintenance Appropriateness of the site and location (working well within the scale and nature of the site).
Whether there are any public safety or accessibility issues. Whether the art is permanent or temporary.
Whether the art is thematically appropriate for the context of the site. The AAC will review artwork for its context and artistic expression, and assess for local thematic significance, such as Del Mar history, natural environment (beach, lagoons, bluffs, canyons, Torrey Pines, etc.), and/or fairgrounds (horses, agriculture, etc.). Whether the art is appropriate for the general public based upon contemporary community standards (in the case of obscenity) as determined at the sole discretion of the AAC and the City Council at the time of consideration pursuant to the criteria set forth in Section V above.
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During the review process, the AAC can request modifications to proposals before further consideration.
VIII. SITE SELECTION FOR PUBLIC ART
The AAC shall carefully consider all new proposals for public art as to the location where the art will be displayed. Sites may include areas within the Commercial Zones and public property.
Particular attention will be given to displaying art along the Camino Del Mar, Public Facilities (City Hall) and parks.
In addition to a location's aesthetic possibilities, the following factors shall be considered when deciding the site and placement or presentation of the art. Lighting and visibility
Public safety
Future development plans for the area
Landscape design
Availability of utilities
Existing art within the vicinity
Environmental concerns/impact
Public accessibility to the work
Social/community context
Significance to the proposed site
Site appropriateness (fitting with the scale & nature of the proposed site) Traffic patterns (interior and exterior)
Relationship to existing planned architectural and natural features Interior or exterior placement.
Appropriateness of materials in relationship to the overall project. This includes consideration such as durability and resistance to vandalism. Historical, environmental and cultural factors of the project area. Environmental factors such as land forms, geographic features or predominate or preexisting structures or landmarks.
All sites selected for public art must be on public property and accessible to the public. The Parks & Recreation Committee may be engaged to provide recommendations for siting of artwork in City parks and greenspaces.
The City shall, where feasible and at the discretion of the City Council, include public art as part of Capital Improvement Projects funded by the City.
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IX. PERMANENT SITING OF PUBLIC ART
The City will use the following guidelines when acquiring public art:
1. Most public art is temporary. Whether the art work is installed at a site for 4 months, 4 years or 40 years, it is temporary. It can be moved or relocated by the City, based on the recommendations of the Art Advisory Committee and pursuant to agreement with the artist if the art is not owned by the City. Ownership of a temporary piece of art may or may not be retained by the City. Notwithstanding the foregoing, temporary works of art may be removed, pursuant to agreement with the artist, at the end of the agreed upon display time and pursuant to any other terms regarding removal in the agreement. The City will not remove works of art based on content after a work of art has been considered and selected for display by the Advisory Committee and the City Council.
Any work of art owned by the City may be moved, removed or decommissioned at the sole discretion of the City.
2. Art located on permanent structures such as buildings, walls and sidewalks will be owned by the City. The City reserves the right to remove the art piece if the permanent structure must be changed or demolished for public improvements.
X. MAINTENANCE OF PUBLIC ART
Art located on public property shall become the responsibility of the City of Del Mar, except in cases of any separate agreements with loaned or temporary-exhibition artists. Unless otherwise specifically agreed upon in advance, the City shall provide all maintenance necessary to preserve the work in good condition.
The City will pay for lighting, cleaning and security of public art.
Stolen or vandalized art shall be replaced or repaired in a manner that conforms to the originally approved art. In the event of repair, the original artist(s) shall be notified and given the opportunity to perform the repair work.
The artist or sponsoring organization will pay for restoring the site to original condition when the artwork is removed.
Additional maintenance details will be specified in artist and/or donor agreements on a case by case basis.
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XI. REMOVAL OF PUBLIC ART
The City Council, acting in accordance with City policies and procedures, can approve and implement the disposal/removal of a work of art from the City of Del Mar. The City of Del Mar retains the right to convey art owned by the City to another site or to storage or for conservation. The City may also elect to remove the art from the inventory of the City collection by sale or other appropriate means, including discard. If the City decides to remove art from its inventory, then the procedures outlined in this section must be followed before removal can occur.
Notwithstanding any other provision in the Program, if, in the judgment of a majority of the City Council an art piece is deemed to be detrimental to the public good due to a deteriorated condition, it may be removed immediately from public display. Works of art on display by agreement with an artist/owner will be removed pursuant to the terms of such agreement or when the agreement terminates unless the display period is extended pursuant to agreement of the parties.
City staff will administer the removal of any art with a value of less than $1,500. City Council approval must be obtained for any work with a value of more than $1,500. City Council will consult with the AAC before deciding to approve a removal of public art. Art removal may be approved if the art meets at least one of the following criteria:
1. The City cannot properly maintain or store the art.
2. The art medium (e.g., prints, sculptures, multiples) is duplicative of works already in the collection.
3. The City identifies a work of art as a copy or imitation, a fake or forgery, without significant value.
4. The art requires restoration in gross excess of its aesthetic value or the art is in such a deteriorated state that restoration would be unfeasible.
5. The art has been on display for a period greater than outlined in the original artist or donor agreement, there is no new agreement for continuing display of the art, and the AAC recommends replacing it with a new piece of art.
In the event of a permanent removal from public view and subsequent to approval by City Council, City staff shall make every reasonable effort to locate the artist or donor/heir advising them in writing of the City's intention to permanently remove the art. Every effort shall be made to honor the wishes of the artist or donors/heirs concerning disposition of the art after its permanent removal. Written concurrence of the artist or donor/heir shall be solicited but not required for removal.
13 May 1, 2023 Item 06
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
113 PUBLIC ART POLICY
DATE REVISED: 5-15-2017
BY RESOLUTION: 2017-32
PAGES: 10 OF 12
The artist/donor shall be given the right of first refusal to reacquire the work at fair market value subject to approval by the City Council. The cost of removal of the work may be considered by the City Council in determining the fair market value of the work.
If the City sells a work of fine art, as that term is defined in California Civil Code Section 986, the City shall comply with the payment of royalties to the original artist pursuant to the terms set forth in California Civil Code Section 986 unless the artist waives the right to receive said royalty.
All revenue generated from art sales shall be deposited in the City of Del Mar Public Art Program Reserve Fund.
If authorization to remove a work of art is approved by the City Council, every attempt will be made to replace the original piece with art of comparable value. Said value will be determined through a "qualified appraisal" such as the Art Advisory Panel (used by the IRS) to substantiate the value or by the original building valuation, or approved budget for the prior art, plus an inflation factor for construction and material costs based on the Engineering News Record.
XII. FUNDING FOR PUBLIC ART
In order to sustain annual funding for the Program, the following mechanisms/options may be considered. A combination of funding options enables the City to coordinate a consistent and enriching Program. Reliable funding for art may be provided by using a variety of sources described below. The funds may be allocated to the City of Del Mar Public Art Program Reserve Fund (hereafter “Reserve Fund”) to cover short-term and long-term capital, operations, and maintenance costs.
1. General Fund Appropriation
Funds may be appropriated by the City Council during the budget process or at mid-year budget review. The AAC may recommend an annual budget allocation, however, final appropriation will be set by the City Council.
2. Sponsorships/Fundraising and Donations
Sponsorships, donations, and fundraising efforts are an integral aspect to public art throughout the world. These monies contributed for public art can be designated for a specific public art project location or pooled with other unrestricted contributions in the Reserve Fund to be allocated as determined by the City Council. Contributors can remain anonymous or be recognized appropriately depending upon the use of their donation for visual, music or the performing arts.
3. Consignment Art
14 May 1, 2023 Item 06
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
113 PUBLIC ART POLICY
DATE REVISED: 5-15-2017
BY RESOLUTION: 2017-32
PAGES: 11 OF 12
Another means to provide public art and funding for the Program is by consignment. This allows an artist to display their art for purchase at a public location. An agreement between the City and the artist, in accordance with this policy, will be negotiated to accommodate this arrangement, including installation, maintenance and removal/relocation after the art is sold or the designated time period has elapsed. A minimum display period of six (6) months is required with time extensions of up to two (2) years may be granted by the AAC. Additional public display time exceeding the two (2) year maximum must be approved by City Council.
a. Consignment Art must go through the AAC selection process, and would be offered for sale with a discrete sign.
b. Upon sale of the consignment art, the purchase transaction will be conducted by the City's Finance Department and a twenty five percent (25%) consignment fee will be withheld and placed in the Reserve Fund.
c. The remaining proceeds from the art sale will be sent to the artist by the Finance Department within 30 days after the sale transaction.
4. Public/Private Partnerships
Cooperation among the City, artists, nonprofit organizations, cultural organizations, other agencies, and the private sector is essential to ensure a healthy arts environment. The City's primary role is one of "assistance or exposure to" rather than "responsibility for" the provision of public art. With this in mind, it is recommended that collaboration with private or corporate sponsors/partners be encouraged for community benefit. These joint activities, temporary exhibitions, or more permanent public art, can/will include negotiated fees that will be placed in the Reserve Fund.
5. Grants
Grants and/or matching grants should be sought from national, state and local foundations, arts agencies and other organizations to promote and guarantee a thriving Program.
XIII. AUDITING OF PUBLIC ART FUNDS
The City requires annual audits of its finances. A report of the audit is prepared by the auditor each year. The City shall request that the auditor specifically address the Reserve Fund as part of the annual audit and include a section in the audit reporting on the Reserve Fund. The auditor’s report will be given to the Art Advisory Committee, the City Council and the public each year. 15 May 1, 2023 Item 06
CITY OF DEL MAR
CITY COUNCIL POLICY BOOK
113 PUBLIC ART POLICY
DATE REVISED: 5-15-2017
BY RESOLUTION: 2017-32
PAGES: 12 OF 12
XIV. CHILDREN’S ART
It is the intent of the City’s Program that children’s art be on display in our community at least one time per year.
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Art Approval Process
This process is to be used for proposed art for display in public spaces, per the Art Policy, including City facilities.
Proposed art may be donated or loaned to the City or commissioned by the City. This process is also intended to be used for murals proposed for public or private areas viewable by the public.
Step Details Maximum
Timeline
1 Applicant completes application form and provides supplemental materials (images, renderings, or mock-ups etc.).
2 Arts Advisory Committee issues initial consideration to vet and route project. Up to 4 Weeks 3 The proposed art project is posted in a designated place on City website and available at the public counter for public comment.
Public Comment Period (30 days)
a. Comments are provided to AAC staff liaison in writing only. b. During the public comment period, any other required City committees can weigh in on the proposal, either as a group or as individual citizens.
Other committees to consider include Parks and Rec – Parks and Beaches, Lagoon Committee - areas adjacent to the lagoon, TPAC - art in medians, etc. 5 Weeks
4 Application form is routed to City Departments for review (Eg: Public Works for maintenance analysis, Traffic Engineer for items in median, etc. City Manager’s Office facilitates routing to necessary departments).
Concurrent
6 Design Review Board approval is required for projects that meet any of the following criteria:
a. Permanent – to be displayed for two or more years; and/or b. Potential view blockage from a residence; and/or
c. Over 14’ high
Up to 4 Weeks
7 Art Advisory Committee reviews the project and any DRB feedback. Send to City Council for final approval.
a. AAC can also request the applicant make amendments or adjustments.
The request can be based on public comments received during the public comment period or based on AAC concerns/questions.
b. AAC can ask applicant to return to the next meeting with an updated proposal.
c. AAC can also deny the project proposal.
Up to 4 Weeks
8 City Council considers AAC recommendation and offers final approval/denial. Up to 3 Weeks 9 City executes agreement for acceptance of art. Up to 4 Weeks 10 Art is installed.
Maximum time required for processing/approval Up to 24 Weeks A change to the Design Review Ordinance may be required to define DRB purview with regard to art placements. 17 May 1, 2023 Item 06
City Council
Review &
Approval
Agreements Signed
Installation
Artist Initial
Application
• Completes application form
• Provides supplemental materials
1. Public
Comment
Period
City
Website
Display
Mock-up
Capture
Feedback
City
Committees
5. 6.
7. Art Committee
Reviews
Proposal
• Does it meet policy and goals?
• Vote to vet and route proposal
2. 4 weeks
Proposal Sent
To City Depts
For Review
3. 2 weeks
5 weeks
Design Review
Board
• Permanent > 2 years
• Residential view blockage
• Over height of 14 ft.
4 weeks
3 weeks
4 weeks
Art Approval Process
Art Committee
Reviews
Final Proposal
4. 4 weeks
• Vote to approve
Maximum Schedule = 24 weeks
Sinnott 10/23/18
18 May 1, 2023 Item 06
Attachment C- Proposed Sculptures
Del Mar City Council Meeting
May 1, 2023
19 May 1, 2023 Item 06
Name: Ecke, 2010
Artist: Franz West
Dimensions:
204 3/4” x
70 7/8” x
59”
Costs: $2,000,000
20 May 1, 2023 Item 06
Name: Than the Sky
(Fallen Sky Series),
2021
Artist: Sarah
SzeWider
Dimensions:
7 1/2” x
72” x
72”
Costs: $360,000
21 May 1, 2023 Item 06
Name: Aspen Blues I,
2018
Artist: Larry Bell
Dimensions:
72” x
96” x
96”
Costs: $750,000
22 May 1, 2023 Item 06
Name: Venice Fog I,
2017
Artist: Larry Bell
Dimensions:
72” x
96 1/4” x
96 1/4”
Costs: $750,000
23 May 1, 2023 Item 06
Name: Untitled
(Suspended Beam),
2021
Artist: Virginia
Overton
Dimensions:
164” x
216” x
97”
Costs: $125,000
24 May 1, 2023 Item 06
Name: Untitled
(Chime), 2021
Artist: Virginia
Overton
Dimensions:
126” x
166” x
18”
Costs: $135,000
25 May 1, 2023 Item 06
Name: the stately,
2019
Artist: Ugo
Rondinone
Dimensions:
Figure: 92 7/8” x
38 1/2” x
31 1/2”
Plate: 1”x48”x48”
Costs: $500,000
26 May 1, 2023 Item 06
Name: Stone Circle,
1980
Artist: Richard Long
Dimensions:
236” diameter
Costs: $250,000
27 May 1, 2023 Item 06
Name: From The Sea
To The Harbor From
The Harbor To The
Sea From The Sea To
Another Shore, 2015
Artist: Lawrence
Weiner
Dimensions:
Variable
Costs: $350,000
28 May 1, 2023 Item 06
Name: Fire Pit
“Basket Case”, 2022
Artist: Rashid
Johnson
Dimensions:
28 3/8” x
91” x
34 1/4”
Costs: $475,000
29 May 1, 2023 Item 06
Name: Detached 2,
2012
Artist: Rachel
Whiteread
Dimensions:
76 3/8” x
67 11/16” x
92 1/8”
Costs: $650,000
30 May 1, 2023 Item 06
Name: untitled, 1995
Artist: Joel Shapiro
Dimensions:
108 3/4” x
69” x
45”
Costs: $750,000
31 May 1, 2023 Item 06
Name: untitled 2006-
2007
Artist: Joel Shapiro
Dimensions:
60 1/2” x
111” x
60 1/2”
Costs: $450,000
32 May 1, 2023 Item 06
Name: Untitled (A
Column
of Time: One Year
of The New York
Times, March 2020–
March 2021), 2021
Artist: Robert Longo
Dimensions:
108” x 48” x 48”
Costs: $325,000
33 May 1, 2023 Item 06
Name: Untitled
(Beams), 2020
Artist: Mary Corse
Dimensions:
90” x 90” x 1”
Overall
90”x 42 ½” x 1”, two
beams each with 6”
internal spaces
Costs: $500,000
34 May 1, 2023 Item 06
Name: Celeste, 2013
Artist: Carol Bove
Dimensions:
72 1/8” x
54 1/8” x
186 1/2”
Costs: $500,000
35 May 1, 2023 Item 06
Name: Play
Sculpture, 1965
Artist: Isamu
Noguchi
Dimensions:
44” x
103” x
103”
Costs: $175,000
36 May 1, 2023 Item 06
Name: Ocetra, 1965
Artist: Isamu
Noguchi
Dimensions:
88 3/16” x
107 1/16” x
99 5/8”
Costs: $250,000
37 May 1, 2023 Item 06
* Required
Please go to Preview to check how the card looks to responders. Preview City of Del Mar Civic
Center Art Survey
Survey Period
May XX, 2023 - July xx, 2023
Background:
On April 3, 2023, the Del Mar City Council authorized the City’s Arts Advisory Committee (AAC) and staff, consistent with the City’s Public Art Policy, to perform pub‐ lic outreach, gather input, and make a recommendation for the placement of a perma‐ nent sculpture at the Del Mar Civic Center.
Next Steps:
The City is seeking public feedback and comments on art sculptures recommended for consideration by the City's ACC, for installation at the Del Mar Civic Center. We invite you to complete this survey to provide your comments and feedback. The survey will be open through July X, 2023.
Feedback and comments from this survey will be forwarded to City of Del Mar staff in aggregate form and will assist in the selection of a sculpture for the Del Mar Civic Center.
38 May 1, 2023 Item 06
Demographic Information
What is your email? (if you're interested in receiving more info on art in the City of Del Mar) 1 Yes
No
Are you currently a resident of the City of Del Mar? * 2 If not a resident of Del Mar, what is your zip code? * 3 17 years or younger
18-35
36-60
61 years or older
My age is? *
4 39 May 1, 2023 Item 06
Sculptures for Consideration
The following questions display the art work sculptures under consideration for permanent installation at Del Mar Civic Center plaza. Please read the questions carefully and provide input on each sculpture.
Not my favorite Love it!
OCTETRA by Isamu Noguchi *
On a scale of 1–5, how much do you like OCTETRA by Isamu Noguchi? (Pictured below) 5 1 2 3 4 5
Comments?
6 40 May 1, 2023 Item 06
Sculptures Continued
Not my favorite Love it!
PLAY SCULPTURE by Isamu Noguchi *
On a scale of 1–5, how much do you like PLAY SCULPTURE by Isamu Noguchi? (Pictured below) 7 1 2 3 4 5
Comments?
8 41 May 1, 2023 Item 06
Sculptures Continued
Not my favorite Love it!
CELESTE by Carole Bove *
On a scale of 1–5, how much do you like CELESTE by Carole Bove? (Pictured below) 9 1 2 3 4 5
Comments?
10 42 May 1, 2023 Item 06
This content is neither created nor endorsed by Microsoft. The data you submit will be sent to the form owner.
Microsoft Forms
Personal Ranking
Octetra by Isamu Noguchi
None of the above
Play Sculpture by Isamu Noguchi
Celeste by Carole Bove
What is your personal ranking for these sculptures? Drag your favorite to the top of the list and your least favorite to the bottom of the list.
If you wish to indicate that you do not like any of the sculptures, ONLY drag "None of the above" to the 1st position of the list. *
11 43 May 1, 2023 Item 06
Artwork Key Criteria for Art Selection (e.g., artistic quality, uniqueness, style and nature, aesthetic and/or historical significance of the art, thematically appropriate, cost) Site Selection (e.g., appropriateness of the site and location, scale and nature of the site, fit with the existing architecture, public safety or accessibility issues, environmental concerns/impacts)
Octetra by Isamu Noguchi The AAC assessed Octetra as having very high artistic and aesthetic qualities, with a very creative, well-articulated design that invites people to interact within the open spaces. The artist has historical significance with creating several outdoor sculptures. The AAC notes that the artist has a historical significance as a 20th century artist and to California, specifically Southern California. It is believed that the work of an artist of this caliber will attract visitors to Del Mar to view the work. The AAC does not believe Octetra will be too expensive or unfeasible to maintain. It is anticipated to be within the scope of the available non-city funding. The artist has designed the sculpture for outdoor display and high levels of interaction (including children). The materials are highly durable. That being said, the sculpture fits well thematically for the context of the site. The sculpture includes playful and interactive qualities that coincides well with the public use of the Del Mar Civic Center Plaza.
The AAC believes Octetra fits in well with the architecture and the scale and nature of the site at the Civic Center Plaza. AAC notes that Octetra will fit in well with the Del Mar Civic Center Coastal Craftsman architecture. The red color and shapes coordinate well with the lines and tones of the surrounding architecture and landscape. It is appropriate for the site due to the scale not blocking any views on the plaza and it will also be visible from Camino Del Mar. The sculpture is designed to encourage adults and families to interact with it, which is especially appropriate for the Civic Center Plaza as it is frequented by families, groups, and individuals for informal activity. Octetra is an editioned work that is not expected to pose any risk to public safety. It was specifically designed to be suitable for both adults and children in mind. In addition, the sculpture does not pose any environmental concerns or impacts to the site.
Play Sculpture by Isamu
Noguchi
AAC assessed Play Sculpture as having very high artistic and aesthetic qualities, while seeing Octetra as preferred. The artist specifically designed it to be suitable for interaction.
Generally, AAC preferred Octetra's design, but the comments above for Octetra generally also apply to Play Sculpture.
AAC preferred the higher profile of Octetra for visibility from CDM. This is an editioned work with a history of safe installation in several outdoor locations accessible to the public.
Celeste by Carol Bove AAC selected Celeste as the most suitable for the proposed site among the other 15 artworks it considered, based on artistic and aesthetic qualities, materials, and site compatibility.
AAC did not identify any site selection issues.
Ecke by Franz West Generally considered to have high artistic and aesthetic merit; color not ideal for the site.
Not considered as thematically appropriate in the context of the site as the recommended works.
Given the high cost, not discussed in detail by AAC.
Than the Sky (Fallen Sky
Series) by Sarah SzeWider
Generally considered to have high artistic and aesthetic merit; color not ideal for the site.
Not considered as thematically appropriate in the context of the site as the recommended works. Materials are probably not appropriate (see comments about sharp edges), but not investigated in detail by AAC because of unsuitability for the site.
AAC did not feel that this was suitable for the selected site due to very low, large, sharp edges.
Aspen Blues I by Larry Bell Generally considered to have high artistic and aesthetic merit; color not ideal for the site.
AAC felt that thematically, this piece fit; but deemed not appropriate for the specific site for view blockage reasons.
AAC did not feel that this was suitable for the selected site due to a (beautiful) wall likely to obstruct sightlines and views.
Venice Fog I by Larry Bell Considered to have high artistic merit but not suitable for the site. AAC did not feel that this was suitable for the selected site due to a big "block" likely to obstruct sightlines and views.
Untitled (Suspended
Beam) by Virginia Overton
Not highly rated in terms of artistic quality. AAC did not feel that this was suitable for the selected site due to more of an "industrial" look that doesn't fit the architecture, and scale deemed too large.
The Public Art Policy contains criteria for art selection (Section VII), site selection (Section VIII), and exclusion of artwork from consideration based on community standards (Section V). This chart summarizes the Arts Advisory Committee's evaluation of key criteria for the Civic Center sculpture proposal. *All 18 pieces of artwork evaluated by the ACC were determined to comply with all community standards; therefore, that analysis is not included in the following table.* Del Mar Civic Center Sculpture - Public Arts Criteria
44 May 1, 2023 Item 06
Artwork Key Criteria for Art Selection (e.g., artistic quality, uniqueness, style and nature, aesthetic and/or historical significance of the art, thematically appropriate, cost) Site Selection (e.g., appropriateness of the site and location, scale and nature of the site, fit with the existing architecture, public safety or accessibility issues, environmental concerns/impacts)
The Public Art Policy contains criteria for art selection (Section VII), site selection (Section VIII), and exclusion of artwork from consideration based on community standards (Section V). This chart summarizes the Arts Advisory Committee's evaluation of key criteria for the Civic Center sculpture proposal. *All 18 pieces of artwork evaluated by the ACC were determined to comply with all community standards; therefore, that analysis is not included in the following table.* Del Mar Civic Center Sculpture - Public Arts Criteria
Untitled (Chime) by
Virginia Overton
Considered to have artistic merit, not on par with the recommended works. AAC did not feel that this was suitable for the selected site due to height could raise view issues; the noise of the "chimes" not deemed compatible with the nature of the site.
The Stately by Ugo
Rondinone
Considered to have artistic merit, not on par with the recommended works. AAC did not feel that this was suitable for the selected site due to not being considered a good fit with the scale and nature of the site.
Stone Circle by Richard
Long
Not rated highly. AAC did not feel that this was suitable for the selected site due to not being considered a good fit with the scale and nature of the site.
From the Sea to the
Harbor by Lawrence
Weiner
Considered to have some artistic merit (but not for the selected site). AAC did not feel that this was suitable for the selected site due to not being considered a good fit with the scale and nature of the site.
Fire Pit "Basket Case" by
Rashid Johnson
Considered to have some artistic merit (but not for the selected site). AAC did not feel that this was suitable for the selected site due to scale is too small, not site-appropriate.
Detached 2 by Rachel
Whiteread
Considered to have some artistic merit (but not for the selected site). AAC did not feel that this was suitable for the selected site due to a big "block" likely to obstruct sightlines and views.
Untitled, 1995 by Joel
Shapiro
Considered to have some artistic merit (but not for the selected site). Not discussed in detail by AAC because of high cost.
Untitled 2006-2007 by Joel
Shapiro
Considered to have some artistic merit (but not for the selected site). Not discussed in detail by AAC because of wood composition and high cost.
Untitled (A Column of
Time: One Year of the New
York Times) by Robert
Longo
Considered to have some artistic merit (but not for the selected site). Not discussed in detail by AAC because of unsuitability for site, cost.
Untitled (Beams) by Mary
Corse
Considered to have some artistic merit (but not for the selected site). AAC did not feel that this was suitable for the selected site due to "wall"-like beams would impair sight lines and potentially block views. 45 May 1, 2023 Item 06