ACTION:
____________________________
Clerk/Secretary
Department: Recreation & Community Services Item No: C6 Prepared by: Jessica Boensch, Management Analyst Meeting Date: February 8, 2022 Approved by:
Amanda Lee, Assistant City Manager
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: 516 S. SANTA FE AVENUE MURAL APPROVAL (“THE EXPLORER”) RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the Public Arts Commission recommended mural titled "The Explorer", in accordance with Vista City Council Policy 400-04, Artworks in Public Places.
CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation.
PRIOR ACTION: None.
PRIOR PUBLIC ARTS COMMISSION ACTION: On January 25, 2022, recommended the mural titled “The Explorer" by Joram Roukes to be installed at 516 S. Santa Fe Avenue within the public right-of-way (Vote: 6-0, May-Fitzgerald absent).
STATEMENT ON THE SUBJECT: In November 2021, the City received a public arts proposal from Tideline Partners, LLC (Tideline) to paint a mural on their five-story Terrace Lofts apartment complex located at 516 S. Santa Fe Avenue, along the east side of S. Santa Fe Avenue between Guajome Street and Terrace Drive. A Vicinity Map is included as an attachment to Exhibit 3. The mural, titled "The Explorer" will be created by Joram Roukes, a contemporary painter and muralist from the Netherlands.
Tideline states in their proposal that the guiding themes of the mural are journey, exploration, and discovery with Sacagawea and her son Jean Baptiste Chardoneau as the central figures due to their significant connection with Mission San Luis Rey and the surrounding region. "The Explorer" is a painted mural that will span roughly 50 feet in height, starting 12 feet above the ground, and 90 feet at its widest point. The artist will use high-grade outdoor UV rated paint, and the mural is expected to stay in place for at least ten years. The owner will fund and oversee required maintenance to the artwork.
Public notice was posted from December 23, 2021, to January 23, 2022. No public comments were received. The Public Notice is included as Exhibit 2. On January 25, 2022, the Public Arts Commission reviewed the proposed mural and recommends the approval of City Council.
FISCAL IMPACT: There is no direct fiscal impact associated with the staff recommendation. The mural is privately funded, and the property owner will maintain the mural at their expense for a minimum of ten years from the date of the agreement’s execution.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
02/08/2022 C6 Page 1 of 20
Adopted City Council Resolution No. 2022-15, approving the Public Arts Commission recommended mural titled " The Explorer", in accordance with Vista City Council Policy 400-04, Artworks in Public Places, subject to the applicant and artist connecting with the native community and some editing based on recommendations made at the meeting. Vote: 5-0
MEETING DATE: February 8, 2022
PAGE 2
SUBJECT: 516 SOUTH SANTA FE MURAL APPROVAL (“THE EXPLORER”)
EXHIBITS:
1. City Council Resolution No. 2022- , approving the Public Arts Commission recommended mural titled "The Explorer", in accordance with Vista City Council Policy 400-04, Artworks in Public Places
2. Public Notice
3. Covenant Agreement for the Installation of a Mural
4. City Council Policy 400-04, Artworks in Public Places 02/08/2022 C6 Page 2 of 20
00105125 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE PUBLIC ARTS COMMISSION RECOMMENDED MURAL TITLED “THE EXPLORER,” IN ACCORDANCE
WITH VISTA CITY COUNCIL POLICY 400-04, ARTWORKS IN PUBLIC PLACES.
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.In November 2021, a Public Arts Proposal Form for a mural was submitted to the Recreation & Community Services Department titled “The Explorer.” B.Public Notice was posted from December 23, 2021 to January 23, 2022.
C.On January 25, 2022, the Public Arts Commission reviewed, discussed, and voted to recommend “The Explorer” mural for City Council approval.
2.Action.
A.“The Explorer” mural described in the attached is approved, and the Mayor is authorized to execute the Covenant Agreement for the installation of the mural by and between the City of Vista and Terrace Lofts JV LLC, dba Found Lofts Apartments.
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on February 8, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220125142238
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
02/08/2022 C6 Page 3 of 20EXHIBIT 1
NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
The City of Vista’s Public Arts Commission is seeking public input on a mural to be painted at 516 South Santa Fe Avenue.
Name of Artist: Joram Roukes Type of Artwork: Mural Title of Artwork: “The Explorer” “The Explorer” is a mural which will span roughly 50’ in height, starting 12’ above the ground and 90’ at it’s widest point. Being painted outdoors, the artist will use high grade outdoor UV rated paint to prevent the colors from fading over time.
Individuals are encouraged to view and comment on the proposed mural during the public viewing period which will occur from December 23, 2021 to January 23, 2022.
To comment on the proposed sculptures, please send a letter to arrive by December 23, 2021 to:
City of Vista, Attn: Public Arts Commission
200 Civic Center Drive
Vista, CA 92084
Please include in your letter your name, physical (street) address, e-mail address, and phone number, along with comments about the proposed mural titled “The Nomadic Explorer”; located at 516 South Santa Fe Avenue.
For more information about public art, call (760) 639-6151. 02/08/2022 C6 Page 4 of 20EXHIBIT 2
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Vista City Council Policy
400-04 (1)
400-04 ARTWORKS IN PUBLIC PLACES
PURPOSE
To develop and upgrade City's collection of artworks for display in public areas.
GENERALLY
No acquisition or placement of public art shall occur until a Public Art Proposal Form has been submitted, reviewed, and approved as provided in this policy.
DEFINITIONS
1."Acquisition" or "Placement of Public Art" shall mean the following, but shall not include the acquisition or placement of exempted artworks:
a.A decision to place artwork that is currently owned by the City in a public area.
b.A decision to relocate artwork that is currently owned by the City from one public area to a new public area.
c.A decision to accept a gift or donation of artwork when the acceptance requires the City to display the artwork in a public area.
In that event, the initial location for the display of artwork must be specified in the Public Art Proposal Form.
d.A decision to acquire an easement, covenant, contractual right, license, or other entitlement which will enable the City to display artwork on privately owned land, walls, or property for the purpose of public viewing and enjoyment, including, without limitation, murals.
2."Artwork" shall mean a form of art, including without limitation, murals, sculptures, monuments, lighting, frescoes, fountains, paintings, ceramics, or other artistic installations.
3."Commission" shall mean the Public Arts Commission of the City of Vista.
4."Director" shall mean the Assistant to the City Manager or such other City employee as shall be designated in writing by the City Manager.
5."Exempted Artworks" shall include:
a.Artwork which will be displayed for a period of less than three weeks;
02/08/2022 C6 Page 14 of 20EXHIBIT 4
Vista City Council Policy
400-04 (2)
b. Artwork which has a value of less than $1,000 if the City, in its absolute discretion, can permanently remove the artwork without penalty, cost, or the prior approval of another party; or
c. Any artwork located in a public area pursuant to a public art component of a Land Use Entitlement or condition which provides a specific location for a specific artwork.
6. "Land Use Entitlement or Condition" shall mean:
a. An approved Site Development Plan under Chapter 18.64 of the Vista Municipal Code;
b. An approved Special Use Permit under Chapter 18.66 of the Vista Municipal Code;
c. A Specific Plan;
d. A Development Agreement under the California Government Code;
e. A Disposition and Development Agreement or Owner Participation Agreement pursuant to the Community Redevelopment Law
(Health and Safety Code Sections 33000 et seq.); or
f. Any other agreement for the purchase or commission of artwork approved by the City Council.
7. "Public Area" shall mean the exterior of any City-owned or maintained facility, or an open and outdoor City controlled area, which may include public parks, public rights of way, or the exterior of privately owned buildings or privately owned grounds on which the City has acquired an easement or other contractual right to display an artwork for public enjoyment.
8. "Public Art" shall mean any artwork to be displayed in a public area.
9. "Public Art Proposal Form" shall mean a form, prepared by the City, used to obtain approval for an acquisition or placement of public art.
USE AND CONTENT OF PUBLIC ART PROPOSAL FORM
The Public Art Proposal Form shall be used by: (1) a City employee or official proposing to place or relocate an artwork in a public area; or (2) a member of the public seeking to donate an artwork to the City for display in a public area.
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Vista City Council Policy
400-04 (3)
The form shall include the following information and materials:
1. A copy of the work, if available, and either a photograph, videotape, slide, drawing, model, or other representation of the artwork.
2. The proposed location for the artwork with photographs, videotapes, slides, or drawings, models, or other representations of the area immediately surrounding the location at which the artwork will be placed.
3. A description of the materials comprising the artwork, its approximate dimensions, its approximate weight, its finish, its color, and any special treatments, coatings, or protective coatings applied to the artwork.
4. A description of the method for mounting or displaying the artwork, with a description of the materials and appearance of the base, fixtures, or other physical features used to display the artwork, if visible.
5. The anticipated life of the artwork in the proposed location.
6. A description of how the artwork might change appearance over time.
7. The methods and techniques to maintain the artwork, including a plan for such maintenance, the estimated cost of such maintenance, and how the maintenance will be financed.
8. A description of rights that will be waived or retained by the artist with respect to the artwork and any future removal of the artwork from the designated public area to be used for display of the artwork. In general, the rights shall be allocated between the City and interested parties in accordance with the contractual guidelines set forth below.
9. Consent of any property owner who intends to display an artwork on private property as part of a public art program, with a description of the proposed terms under which the display will occur. These terms, in general, shall conform to the contractual guidelines set forth below.
10. A description of any proposed assistance sought from the City or other public agencies or donors in connection with the fabrication, development, installation, or maintenance of the artwork.
REVIEW CRITERIA
The following criteria shall be considered in reviewing a Public Art Proposal Form:
1. The aesthetic or historical significance of the artwork. 02/08/2022 C6 Page 16 of 20
Vista City Council Policy
400-04 (4)
2. The artwork's physical condition and whether the object is of exhibition quality.
3. Whether the City already owns sufficient examples or better examples of this type of artwork by a particular artist in a particular style.
4. Whether the City has the facilities necessary to properly care for and keep the artwork safe. If there are any special costs or special methods associated with maintaining or storing the artwork, such costs and methods must be made known to the City prior to a decision to acquire or accept the artwork.
5. Signage for the artwork to be displayed on public area shall be limited to 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. For murals along the Sprinter Corridor, signage area shall be limited to an area two feet by ten feet (2’x 10’) and may include a donor’s logo, if any, no greater than two feet by two feet (2’ x 2’) within the two foot by ten foot (2’ x 10’) signage area.
6. Appropriateness of the site (working well within the scale and nature of the site).
7. Whether the artwork is appropriate for the general public.
8. Whether the Commission has been advised that the artist and donor are prepared to execute a contract or other document, which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City in connection with the acquisition or donation of the artwork proposed for display in a public area.
9. Applications for murals proposed for the Sprinter Corridor shall be screened by the Planning Department to ensure compliance with the City’s sign code prior to review by the Public Arts Commission.
10. Sponsors shall not be solicited from companies that are adult themed, produce alcoholic beverages, tobacco products, or from political organizations.
PUBLIC REVIEW PERIOD FOR PROPOSED ACQUISITION OR LOCATION OF
PUBLIC ART
There shall be a minimum 30-day review period for an artwork before the Commission acts on a Public Art Proposal Form. During the public review period, the work itself, a copy of the work, or a photograph, videotape, slide, drawing, model or other representation of the artwork must be available for 02/08/2022 C6 Page 17 of 20
Vista City Council Policy
400-04 (5)
inspection by the public during regular hours at City Hall or at a place reasonably close to City Hall. In addition to any other method, notice of the public review period shall be published in the local newspaper at least 15 days prior to the conclusion of the review period. Any interested person may request to be notified of any agenda item before the Commission or City Council scheduled for consideration of an acquisition or placement of public art as set forth in a Public Art Proposal Form. However, failure of the requesting party to receive notice or failure to provide notice as provided in this policy shall in no way invalidate any action taken by the City.
REVIEW BY THE COMMISSION
The Commission, at a regular or special meeting, shall consider the artwork, its proposed location, the content of the Public Art Proposal Form and public testimony. The artwork shall be approved for a public area pursuant to a majority vote of a quorum of the Commission. Such approval may include any reasonable conditions required by the Commission.
ACTION BY THE CITY COUNCIL
The Public Art Proposal Form and the proposed acquisition or placement of public art shall be considered de novo by the City Council. The artwork shall be approved for a public area or conditionally approved for a public area only upon a majority vote of a quorum of the City Council.
CONTRACTUAL GUIDELINES
1. When appropriate, a contract for the acquisition of an artwork or a document accepting a donation of artwork shall be prepared by the City Attorney in advance of any consideration of the Public Art Proposal Form by the Commission. The contract or document, for purposes of information, shall be included with the materials that are presented to the Commission. The Commission, if it chooses, may make
recommendations regarding changes in the contract or documentation which will be considered by the City Attorney, City Manager, and potentially the City Council. The contract or document shall substantially conform to the following guidelines:
a. The seller or donor shall represent that the artwork is an original artwork that is exclusively owned by the seller or donor and is free of all liens or encumbrances.
b. No rights of reproduction of the artwork shall be retained by the artist or donor except those specifically allowed by agreement with the City.
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Vista City Council Policy
400-04 (6)
c. The artist and donor shall agree to waive the provisions of the California Art Preservation Act and the Visual Artist's Rights Act of 1990 unless the City determines that the waiver is unnecessary or inadvisable.
d. The City shall retain the ability to move, transfer, and dispose of the artwork unless the City determines that there is cause to limit that right.
e. The contract or document shall contain such additional terms as the City Manager and City Attorney determine to be necessary to protect the City's interests.
2. The following provisions shall be included in an agreement or evidence of donation where the artwork is located on private property to be visible to the public and where the display of the artwork is part of a public art program:
a. The City shall acquire rights guaranteeing the public display of the artwork for a minimum period of time.
b. The agreement shall include provisions to guarantee the ongoing maintenance of the artwork and protect the artwork against alteration or damage.
c. The agreement will address the contribution, if any, that shall be made by the City toward the artwork. In the case of murals or other artwork located on walls, the City will consider providing a contribution in the form of obtaining a graffiti coat for the artwork or contributing to the purchase of paint.
d. The agreement shall include appropriate protection for the City, including hold harmless and similar provisions.
3. Prior to consideration of the Public Art Proposal Form, the artist and donor shall inform the City of any provisions of the proposed contract or the evidence of donation which the artist or donor seeks to modify so that the issue may be addressed in advance of a formal review of the proposal by the Commission.
PROCEDURES FOR PURCHASE OF ARTWORK AND ACCEPTANCE OF
DONATIONS OF ARTWORK
Pursuant to this policy, the Commission's role is to consider and identify appropriate locations for the public display of artwork and whether a particular 02/08/2022 C6 Page 19 of 20
Vista City Council Policy
400-04 (7)
artwork is suited to that location. The authority to approve and execute contracts for the acquisition of personal property, including artwork, remains with the City Council and City Manager as provided in Chapter 3.08 of the Municipal Code.
Likewise, donations of artwork shall be accepted by the City Council as provided by Section 37354 of the Government Code or by the City Manager pursuant to authority delegated to him or her by the City Council. The approval of a Public Art Proposal Form by the Commission only indicates that the proposed site for the artwork is considered appropriate. It does not obligate the City Council or City Manager to execute any contract or document for the purchase or acceptance of an artwork unless and until the City Manager or City Council determine that the contract or document is fiscally warranted and includes all terms required to protect the City's interests, as determined at the sole discretion of the City Council or City Manager.
HISTORY
Adopted September 28, 1993.
Replaced July 9, 2002, Resolution No. 2002-189
Amended May 27, 2003, Resolution No. 2003-121
Amended November 18, 2008, Resolution No. 2008-233
Amended December 14, 2021, Resolution No. 2021-208
02/08/2022 C6 Page 20 of 20
From:Rori Moreno
To:Public Comments
Subject:C6 516 S Santa Fe Mural Approval
Date:Tuesday, February 8, 2022 1:43:53 PM
Hello,
As someone that grew up in Vista, this mural is a bad representation of Vista.
I would refrain from painting historical figures with loose ties to the area and stick with patterns, inanimate objects, plant and animal life that relates to Vista.
Were local artists aware of the chance to paint a mural? I'm sure the community would greatly appreciate knowing that a local rising artist created a mural for the City.
Thank you,
Aurora Moreno-Valdez
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