00106267 1ACTION:
____________________________
Clerk/Secretary
Department: Recreation & Community Services Item No: C4 Prepared by: Jessica Boensch, Management Analyst Meeting Date: March 22, 2022 Approved by:
Amanda Lee, Assistant City Manager
Patrick Johnson, City Manager Agenda Location: Consent Calendar SUBJECT: 516 S. SANTA FE AVENUE MURAL (“THE EXPLORER”) AMENDMENT RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the first amendment to the covenant agreement for the installation of a mural by and between the City of Vista and Terrace Lofts JV LLC
CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation.
PRIOR ACTION: On February 8, 2022, approved the mural titled “The Explorer" by Joram Roukes to be installed at 516 S. Santa Fe Avenue contingent upon communication with local tribal leadership (Vote: 5-0).
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 (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. The mural, titled “The Explorer” by artist Joram Roukes, was brought before City Council on February 8, 2022. The City Council unanimously approved the mural contingent upon the property owner and artist’s connecting with local native tribes and doing a little more editing.
On February 19, 2022, the owner and artist met with the Tribal Council of the San Luis Rey Band of Mission Indians at the Rancho Guajome Adobe. The Tribal Council shared history, stories, and presented cultural artifacts that helped to inform changes to the central figures of the mural. Following this meeting the owner and artist determined that the Coyote represents a more significant figure in Luiseño culture than the central figures originally chosen for the mural. The overall guiding theme behind the mural, as presented by the property owner and artist in the original public art proposal, remains journey, exploration, and discovery.
The meeting with the Tribal Council also led to the coordination of a mural workshop where members of the San Luis Rey youth art group will work with the artist on a portion of the mural.
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
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Approved above recommendation, adopted City Council Resolution No. 2022-39.
Vote: 5-0
MEETING DATE: March 22, 2022
PAGE 2
SUBJECT: 516 SOUTH SANTA FE MURAL (“THE EXPLORER”) AMENDMENT 00106267 1
EXHIBITS:
1.City Council Resolution No. 2022- , approving the first amendment to the covenant agreement for the installation of a mural by and between the City of Vista and Terrace Lofts JV LLC
2.First Amendment to the Covenant Agreement for the Installation of a Mural
3.Signed Covenant Agreement for the Installation of a Mural
4.Oral Communications
5.Tribal Consultation
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00106083 2
RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO
COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL BY AND
BETWEEN THE CITY OF VISTA AND TERRACE LOFTS JV LLC
The City Council of the City of Vista does resolve as follows:
1.Findings. The City Council hereby finds and declares the following:
A.On February 8, 2022, the City Council adopted City Council Resolution No. 2022- 15 In November 2021, approving a mural entitled “The Explorer” mural with the understanding that the applicant and artist would connect with the native community and do a little more editing based on its recommendations for this piece, and authorizing the Mayor to execute the “Covenant Agreement for the Installation of a Mural By and Between the City of Vista and Terrace Lofts JV LLC” (“Covenant Agreement”).
B.The Covenant Agreement was recorded on February 22, 2022, as Document No. 2022-0078828 in the Official Records of the San Diego County Recorder.
B.Following discussions with the San Luis Rey Band of Mission Indians, the owner and artist determined that the Coyote represents a more significant figure in Luiseño culture than the central figures originally chosen for the mural.
C.The owner and staff recommend that the Covenant Agreement be amended to reflect the Coyote as a central element in the mural as provided in the First Amendment to the Covenant Agreement.
2.Action.
A.The First Amendment to the Covenant Agreement is approved, and the Mayor is authorized to execute the First Amendment.
[Continued on page 2.]
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Exhibit 1
RESOLUTION NO. 2022-
CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2
00106083 200106083.DOCX
3.Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on March 22, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220310082314
JUDY RITTER, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
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00106082 2
RECORDING REQUESTED BY:
CITY OF VISTA
AFTER RECORDING, PLEASE
MAIL THIS INSTRUMENT TO:
CITY OF VISTA
200 CIVIC CENTER DRIVE
VISTA, CA 92084
ATTN: CITY CLERK
_________________________________________________________________________________ APN: 179-041-05-00; 179-041-06; 179-041-07; 179-041-08; AND 179-041-15
FIRST AMENDMENT TO
COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL BY AND BETWEEN
THE CITY OF VISTA AND TERRACE LOFTS JV LLC
This First Amendment is made and entered into as of March 8, 2022 (“First Amendment Date”), by and between the City of Vista, a chartered municipal corporation (“City”), and the Terrace Lofts JV LLC, a Delaware limited liability company, owner of the real property at 516 South Santa Fe Avenue (“Owner”).
RECITALS
A.A Covenant Agreement For The Installation Of A Mural By And Between The City Of Vista And Terrace Lofts JV LLC (“Covenant Agreement) was recorded on February 22, 2022, as Document Number 2022-0078828 in the Office of the County Recorder of San Diego County.
B.The parties now desire to amend the Covenant Agreement by recording this First Amendment to the Covenant Agreement.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the parties agree as follows:
1.Following consultation with the local San Luis Rey Band of Mission Indians, the parties have determined that the Coyote represents a significant figure in Luiseño culture and shall replace the central figures originally chosen for the mural.
2.All other conditions of the Covenant Agreement shall continue in full force and effect. [Continued on page 2.]
03/22/2022 C4 5 of 20Exhibit 2
FIRST AMENDMENT TO COVENANT AGREEMENT FOR THE INSTALLATION OF A MURAL APN: 179-041-05-00
00106082 2
IN WITNESS WHEREOF, the parties have executed and entered into this First Amendment as of the First Amendment Date.
“CITY”
CITY OF VISTA, a chartered municipal corporation
“OWNER”
TERRACE LOFTS JV LLC , a Delaware limited
liability company
By:
JUDY RITTER, MAYOR
By: Terrace Lofts QOF Manager LLC, a California
limited liability company,
Its Manager
By: Tideline Partners, LLC, a California limited
liability company,
Its Manager and a Member
By:
LEV GERSHMAN, MANAGER & MEMBER
NOTE: A CALIFORNIA ALL PURPOSE NOTARY ACKNOWLEDGMENT MUST BE ATTACHED FOR ALL SIGNATURES ABOVE ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
DAROLD PIEPER, CITY ATTORNEY
By:
APPROVED
Darold Pieper
20220310082424
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Exhibit 3
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Exhibit 4
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San Luis Rey Band of Mission Indians
1889 Sunset Drive, Vista, CA 92081 • (760) 724-8505
www.sanluisreybandofmissionindians.org
March 7, 2022
Mayor Judy Ritter
Councilmember John B. Franklin,
Councilmember Corinna Contreras,
Councilmember Katie Melendez, and
Councilmember Joe Green
City of Vista
Civic Center
200 Civic Center Drive
Vista, CA 92084
RE: Tribal Consultation on Mural Project at Found Lofts Dear Mayor and Councilmembers:
On behalf of the San Luis Rey Band of Mission Indians, it gives me great honor to provide you with this letter to confirm that our Tribe was generously consulted on the mural project located at the Found Lofts building site in the newly instituted Arts & Cultural District of the City of Vista.
The San Luis Rey Band of Mission Indians applauds city officials for recommending that the Tribe be consulted with on this project. We have enjoyed a strong relationship with the City of Vista. We understand that consultation was not legally compelled in this matter, so the demonstration of respect is especially meaningful.
We wholeheartedly support the project's efforts to reflect the true history of this region and our peoples. The project lead, Lev Gershman, and the talented muralist, Joram Roukes, met with over twenty tribal leaders and demonstrated great enthusiasm, kindness, and sincere curiosity. The engagement process resulted in building knowledge of our ancestors and the beauty of our culture in present times. We hope that our stories provided inspiration for his artwork. And, to be clear, what the artist produces is from his perspective and we respect our place is not to criticize.
We do expect that the mural will provide opportunity for dialogue and education. Ultimately, we are hopeful that our history is not disregarded by someone else's history, and that one day, the history of our ancestors is acknowledged as "everyone's legacy."
We are appreciative of the consultation on this very important project and we look forward to the further efforts to incorporate the history of our people and this region. Again, we salute the City’s---as well as the leaders at Found Lofts--- commitment to being inclusive of our Tribe as we celebrate the arts and culture of our community.
Respectfully,
Mel Vernon
Captain
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Exhibit 5
STORY SUBMISSION FOR MURAL AT FOUND LOFTS IN VISTA
Payómkawichum - the People of the West- or simply, the ‘atáaxam - the People, are the First People of this area.
Today, they are known as the Luiseño and the local tribe to this area is the San Luis Rey Band of Mission Indians.
This mural’s theme is “to discover or to find one’s self or place.” In Chamtéela, the language of the Payómkawichum, the word for “to discover or to find” is tolóowi. The muralist took inspiration from a story of the ‘atáaxam called “How Coyote Killed Frog.” As a gift to the community, the San Luis Rey Band of Mission Indians shares this story with you.
How Coyote Killed Frog
Yumáyk, yumáyk, long, long ago in the early days, Coyote was walking with his bow and quiver of arrows. He was a man then. He soon came upon Waxáawut, Frog. Coyote greeted her, “Míiyu, Auntie!”
Frog was weaving a big willow granary basket to hold her acorns when Coyote arrived. She watched as he paced around her, holding his bow and arrows closely. Frog had special powers and knew Coyote’s thoughts.
“Míiyu Nephew,” Frog said. “I know that you are thinking of killing me.”
Coyote quickly replied, “No! You don’t know anything!”
“Well, if one of your arrows hits me, so much water will flow from my body that you will drown,” said Frog.
“No, that’s not possible! I don’t believe you!” Coyote laughed.
“Tolóowi, Coyote, tolóowi. Find out, Coyote, Find out,” replied Frog.
Coyote walked up to Frog, drew his bow and shot her! Immediately water began to rush from the spot where the arrow hit Frog.
Coyote quickly ran away. He ran and ran. Finally, he came to a tall green tree and climbed it. Soon the water reached the tree and a big lake formed around it. The tree was surrounded by water! The water continued to rise and Coyote climbed higher and higher into the tree. As he sat on a high branch in the tall tree with the water still rising, Coyote thought that he would die. He started to sing his songs for his relatives and friends.
Birds flew up to the tree as Coyote was singing. They told him to jump from the tree and they would catch him and take him safely to dry land. Coyote was so happy! He trusted the birds and jumped out of the tree. The birds didn’t catch Coyote and flew away. Coyote fell into the deep water and drowned. Tolóowi, Coyote, tolóowi. You found out, Coyote, you found out.
Hamú’ táp—The End
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