City Council Agenda Report
August 6, 2024
TO: Honorable City Council
FROM: Jesus M. Gomez, City Manager
BY: Theresa Devoy, City Clerk
SUBJECT: FUNDING REQUEST FROM BUSINESS OWNER TO ASSIST WITH FUNDING
AN ART PROJECT
Background:
The City’s Art in Public Places Program (program) was created to beautify the City through installations of recognized, permanent outdoor artwork throughout the community. Norwalk Municipal Code Chapter (NMC) 15.44 outlines the definitions and process for the program. A general overview of the program is as follows:
•In accordance with NMC 15.44.040, projects subject to art in public places with a value of $500,000 or greater are required to either install artwork on the outside of their property or contribute to the program fund in an amount equal to one percent of the total value.
Prior to submitting plans for plan check, the applicant is required to submit an application to Community Development indicating whether approved artwork will be installed on the property, or an in-lieu contribution will be provided to the fund. •If artwork is to be installed, the proposed artwork is submitted to the Art in Public Places Committee (APPC) for evaluation to ensure it complies with the criteria in NMC 15.44.
Once that occurs, the APPC makes a recommendation to support or oppose the artwork based on the criteria.
•Criteria that the APPC review are: 1. whether the proposed artwork will be placed in a public place, which as defined in 15.44.020 means any exterior area on public or private property, which is accessible and visible to the general public; 2. is it freely accessible to the public for at least 10 hours; 3. will it be permanently affixed to the property; 4. conforms to one of the approved themes; 5. does not promote a specific business or service; and
6. not mass produced, reproduced from an original, decorative, ornamental or functionally designed by an architect.
City Council August 6, 2024
Funding Request – Art Project Page No. 2
9 6
5 •Artwork is owned and shall be maintained by the property owner. It shall be repaired in the event of damage. In accordance with NMC 15.44.070(I) prior to the issuance of building permits the property owner shall execute and record with the Los Angeles County Recorder, covenants, conditions and restrictions in form and content approved by the City Manager and the City Attorney providing, among other things: (1) that the property owner and its successor and assigns shall maintain the artwork as required by subsection G of this section above; (2) indemnify, defend and hold the City and related parties harmless from any and all claims or liabilities arising out of the artwork; and (3) maintain in the City Clerk's office a certificate of public liability insurance naming the City as an additional insured including such coverage and liability limits as may be specified by the City Manager.
Art in Public Places Fund
Funds shall be used to provide sites for, and works of art in, public places in order to further the intent and purpose of this chapter as set forth in Section 15.44.010. It shall be administered by the City Council.
Proposed Project
In lieu of choosing to install artwork, Mr. Esparza, owner of Milagro Cinemas in Norwalk Town Square, submitted the required contribution of $20,000 to the Art in Public Places fund. Since that time, Mr. Esparza has decided to install artwork at the theater. He reached out to the City with a request to assist with funding the project.
The project consists of a 16 x 25’ mural inside the lobby entitled “A Father’s Gift” by world- renowned artist Robert Vargas (depicting Mr. Esparza’s father and he holding a popcorn bucket), the word Milagro spanning the entire outside wall of the building by artists Jose Ortiz and Wilmer Reyes, and a hallway inside the theater dedicated to rotating exhibits by local artists in collaboration with the Museum of Latin American Art in Long Beach (Phase II). The entire proposal is attached for review.
The total cost of the project is $100,000. Mr. Esparza is requesting 50% of the total cost be granted toward the project from the City ($20,000 original contribution plus $30,000).
APPC Review of Proposal
At their July 22, 2024 meeting, staff provided the members with an overview of the proposal, NMC sections related to Art in Public Places, and identified project elements that conflicted with the NMC. Mr. Esparza presented the entire proposal to the members. The members discussed the proposed project, request for funding, and elements in noncompliance with the NMC.
Following discussion, the APPC voted 3-2 in favor of recommending to City Council that the City grant Mr. Esparza’s request of $50,000 ($20,000 original contribution refund plus an additional $30,000).
City Council August 6, 2024
Funding Request – Art Project Page No. 3
9 6
5 Fiscal Impact:
A total amount of $50,000 will be deducted from the Art in Public Places fund if City Council votes to approve the request.
Citizens Advised:
N/A
Strategic Plan 2023 Implementation:
N/A
Recommended Action:
Staff seeks City Council’s determination on the funding request from Mr. Esparza in the amount of $50,000 and the artwork for the Milagro Cinemas as shown in the proposal.
Attachments:
Milagro Cinemas Proposal