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2007/03/27 City Council Resolution 2007-51RESOLUTION NO. 2007-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING AND ADOPTING PUBLIC ART ORDINANCE GUIDELINES WHEREAS, on March 27, 2007. the City Council introduced a Public Art Ordinance by Ordinance No. 785; and WHEREAS, Subsections 17.18.0501 and 17.18.060.D.3 of the Ordinance reference guidelines pertaining to public art installations that shall be set forth by city council resolution; and WHEREAS, proposed Public Art Ordinance Guidelines ( "Guidelines ") have been prepared by Staff, as presented in Exhibit "A ": and WHEREAS, Staff presented the proposed Guidelines to the City's Cultural Arts Commission (CAC) at its February 12, 2007 meeting for comment and received the CAC's consensus that the Guidelines should be considered by the Planning Commission and City Council for adoption; and WHEREAS, on March S. 2007, the Planning Commission reviewed Planning Application No. PL2006- 029MC, including the proposed Guidelines and recommended their approval to the City Council; and WHEREAS, at the March 27; 2007 City Council meeting, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Council considered all the facts relating to the proposed Guidelines. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, does hereby ordain as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. Environmental Clearance. In accordance with CEQA Section 15061(b)(3), "[ C]EQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." The proposed Guidelines would not impact the environment, and therefore staff has determined that the amendments are exempt from CEQA review. SECTION 3. The City Council of the City of Rohnert Park hereby approves the Public Art Ordinance Guidelines, attached as Exhibit "A'' to this Resolution. SECTION 4. EFFECTIVE DATE This resolution shall be in full force and effective upon the effective date of Ordinance No. 785 (Public Art Ordinance). DULY AND REGULARLY ADOPTED this 27th day of March, 2007. ATTEST: City Cl BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: ABSENT VIDAK- MARTINEZ: AYE AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (U) Public Art Ordinance Guidelines 1. The art works shall be clearly visible and easily accessible to the public and shall be displayed in a manner that will enhance their enjoyment by the general public. 2. The composition of the art work shall be of permanent materials so as to be durable against vandalism, theft and weather, and in order to require a low level of maintenance. 3. The art work shall be related in terms of scale, material, form and content to immediate and adjacent buildings and landscaping so that it complements the site and the surrounding environment. 4 The art work shall be designed and constructed by artist(s) experienced in the production of such art work who are recognized by critics and peers as producers of works of art. 5. The creator(s) of public art shall not be a member or members of the project architect, engineering or landscape architect firm. 6. The art work shall be a pennanent, fixed asset to the property. 7. The art work shall be maintained by the property owner in a neat and orderly manner acceptable to the city. 8. The art work shall meet all applicable building and other code requirements. 9. Public artworks include the following: a. Sculpture murals, photography and original works of graphic art, water features, neon, glass, mosaics, or any combination of forns of media, and may include architectural features of the building or landscape design if created by a professional artist or a design team that includes a professional visual artist; and b. Furnishings or fixtures permanently affixed to the building or its grounds, including but not limited to gates, walls, railings, street lights or seating, if created by an artist as unique elements. 10. Public artworks do not include the following: a. Art objects that are mass- produced of standard design such as playground equipment, benches or fountains; b. Reproductions of original art works; c. Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect; d. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist; e. Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions; f. Logos or corporate identity; or g. Services or utilities necessary to operate or maintain the art work. EXHIBIT "A"