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6451ORDINANCE NO. 6 4 51 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 17.37 (PUBLIC ART) TO TITLE 17 (LAND DEVELOPMENT AND RESOURCES) OF THE ANAHEIM MUNICIPAL CODE FOR THE PURPOSE OF PROMOTING THE INSTALLATION, MAINTENANCE, AND RESTORATION OF PUBLIC ART AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15060(C)(2) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. WHEREAS, pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, the City Council of the City of Anaheim ("City Council") has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Anaheim (the "City") and its residents; and WHEREAS, public art contributes to the public's understanding, enjoyment and experience of cultural diversity and also creates a unique sense of community and public identity by enhancing the visual and aesthetic quality of public areas in the City of Anaheim; and WHEREAS, the City of Anaheim desires to promote visual arts in Anaheim and expand the opportunities for its citizens to experience public art as a result of the creative expression of visual artists in public places throughout the City. To the end, the City Council desires to adopt a plan to direct the inclusion of works of art in public places throughout the City including as part of certain capital improvement projects, and provide for the installation, preservation, restoration and enhancement of its public art collection (hereafter, the "Public Art Plan"; and WHEREAS, by adopting, supporting and implementing a comprehensive Public Art Plan, the City will be able to serve its role as steward of its public art collection and help nurture and enrich thereby the quality of life in this City; and WHEREAS, the City Council of the City of Anaheim desires to adopt an ordinance to enhance the cultural and aesthetic environment of the City of Anaheim by promoting and encouraging private and public programs to further the development and public awareness of, and interest in, the visual arts and fine crafts to encourage the integration of art into the architecture of municipal structures in furtherance of the Public Art Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referred to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that this ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a "project," as that term is defined in Section 15378 of the State CEQA Guidelines; and WHEREAS, the City Council determines that this ordinance is a matter of citywide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Chapter 17.37 be added to Title 17 (Land Development and Resources) of the Anaheim Municipal Code to read in full as follows: CHAPTER 17.37 PUBLIC ART SECTION 17.37.010 PURPOSE AND OBJECTIVES. The purpose of this Chapter is to establish the City of Anaheim Public Art Plan to promote visual arts in Anaheim and authorize the establishment of guidelines and standards for the installation, preservation, restoration and enhancement of the City's public art collection. The intent of the Public Art Plan is to promote private and public programs to further the development and public awareness of, and interest in, the visual arts and fine crafts and encourage the integration of art into the architecture of municipal structures and commercial development projects in the City. 010 Objectives. The Public Art Plan has the following major objectives: .0101 Care for and maintain the public art collection of the City of Anaheim by documenting, preserving and restoring and repairing the collection. .0102 Commission or acquire works of public art, and to seek donations of artwork for the city's public art collection. .0103 Provide project management for the care of Anaheim's public art collection; 0104 Enhance and enrich the lives of the city's residents, visitors and employees by incorporating the visual arts into public spaces. 0105 Contribute to the City's civic pride and sense of identity. 0106 Increase access to works of art for residents and visitors to the area. .0107 Enhance the reputation of the City of Anaheim as a city that encourages and celebrates the arts. .0108 Celebrate the multi -cultural and diverse character of Anaheim's communities with place specific art. .0109 Encourage collaboration between artists, landscape architects, urban planners, architects, engineers and other designers. SECTION 17.37.020 DEFINITIONS .010 Definitions. For the purposes of this section, the following words, terms and phrases shall have the meaning ascribed herein: .0101 "Public Art" means any of the following: sculpture, statues or monuments in any material or combination of materials; painting; murals; graphic arts including printmaking and drawing; photography; crafts in clay, fiber and textiles, wood, metal, plastics, glass and other materials; mixed media, any combination of forms or media, including collage; functional art such as street furniture, as defined by the Anaheim Public Art Plan; environmental art consisting of landforms and artistic landscape composition. The term "Public Art" does not include reproductions by mechanical or other means of original works of art, except for limited editions, controlled by the artist, of original prints, cast sculptures, photographs or other works of art; decorative, ornamental, or functional elements which are designed by the building architect or consultants engaged by the architect which are a traditional and typical element of architectural design; elements generally considered to be conventional components of a landscape architectural design including, but not limited to, plant materials, pools, paths, benches, receptacles, fixtures and planters except street furniture as defined by the Anaheim Public Art Plan and environmental art consisting of landforms and artistic landscape composition; "Art objects" which are mass produced or of a standard design, such as playground sculpture or fountains, except pieces of historical significance to the city; directional or other functional elements, such as supergraphics, signage, color coding and maps, except where sculptural pieces are used to define gateways in the city; electrical, water or mechanical service for activation of the work; exhibitions and educational programs related to the work; performing arts; and art that displays slogans, logos, mascots or commercial advertising. .0102 "Public Art Collection" means art objects that are owned by the City of Anaheim that are permanently installed in public, accessible locations. Permanent Public Art must be located in a public place with public visibility and impact, and shall have a permanence at least comparable to associated capital projects. .0103 "Public Art Guidelines" means the guidelines recommended by the City Manager and approved by the City Council for the administration of the Public Art Plan. The Public Art Guidelines, and any amendments thereto, shall take effect forty-five (45) days after approval by the City Council. .0104 "Public Art Plan" means the plan established by this Chapter and approved by resolution of the City Council that implements the purpose of Chapter. The Public Art Plan shall be reviewed by the City Council on a regular basis and shall include new and projected allocations from the Public Art Trust Fund including project descriptions, budgets, locations and recommended design approaches. .0105 "Public Art Regulations" means the Public Art Guidelines and any applicable rules and regulations set forth by resolution of the City Council. SECTION 17.37.040 FUNDING .010 Funding. In order to ensure sufficient funds are committed to support successfully implementation of the Public Art Plan, funding shall be established as follows: .0101 Every public park project that entails construction or major refurbishment of a new park or community/recreational building or library within the city's capital improvement program (CIP) shall provide for the installation of an art piece for the purposes of incorporating public art within each project in furtherance of the Public Art Plan. .0102 The City shall establish the Public Art Trust Fund as a special revenue fund which expenditures may be made in accordance with this ordinance. The Public Art Trust Fund shall fund the administration of the Public Art Plan pursuant to the Public Art Regulations and permanent public improvements in the form of the purchase, acquisition or commission of new public art, major restorations, and installation and maintenance thereof. Authorized expenditures include, but are not limited to, associated site installation costs such as lighting and landscaping, and costs associated with the commission engineering, contract administration, unveiling, dedication activities, and preservation, conservation and repair of existing public art. .0103 Nothing contained herein shall preclude other funding for the acquisition or installation of art on municipal property. SECTION 17.37.050 ADMINISTRATION The City Manager shall administer the Public Art Plan and shall have the following responsibilities: .010 Develop and recommend a Public Art Plan for Anaheim for City Council approval. .0101 Develop and recommend the Public Art Guidelines necessary to carry out the purpose of this ordinance for City Council approval. The Public Art Guidelines shall set forth criteria for selection of artists and artwork; maintenance of an inventory of interested artists; criteria for consideration of proposed gifts of artwork to the City; procedures for artistic competitions; and, requirements for the maintenance of Public Art. .0102 Pursue opportunities for private donations of funds and/or works of art for the purposes of expanding the City's Public Art collection, and maintenance of Public Art. 0103 Oversee the maintenance, care and repair of Public Art. 0104. Review and provide recommendations to the City Council for a proposed Public Art. .0105 Review potential gifts of art to the City for installation on City property, and assist in acceptance of such gifts, in accordance with the Public Art Guidelines. .0106 Recommend appropriate locations and accessibility to the public for permanent Public Art, with suggestion as to the type of art that may be appropriate. .0107 Solicit advice from arts professionals, the business community, and from local residents on the appropriateness of proposed Public Art. 0108 Recommend revisions to policies and guidelines for the improved implementation of the Public Art Program. .0109 Develop a Public Art Plan for the City of Anaheim based on the review and recommendations of the City's Cultural and Heritage Commission, City Staff or any other local entity designated by the City Council to collaborate on the Public Art Plan. 0110. Report on the use of funds collected to support the Public Art Plan to and increase the amount of art in the City that is available to the public. SECTION 2. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 3. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 4. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 13 day of November , 2018, and thereafter passed and adopted at a regular meeting of said City Council held on the 2_() _ day of November , 2018, by the following roll call vote: AYES:Mayor Tait and Council Members Moreno, Murray,Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM Ey: / MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 128833 / LM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6451 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of November and was duly passed and adopted at a regular meeting of said City Council held on the 20th day of November, 2018 by the following vote of the members thereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 21s' day of November 2018. =52 ;AiA!-10- ,i (SEAL) Anaheim Bulletin 2190 S. Towne Centre Place Suite 100 Anaheim, CA 92806 714-796-2209 5190168 ANAHEIM,CITY OF/CLERKS OFF 200 S ANAHEIM BLVD STE 217 ANAHEIM, CA 92805-3820 451 CAO-#130354-v1-Summary_Public_Art_I AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, County of Orange am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 11/29/2018 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: November 29, 2018. Ignature rl_Pi-12%15%16 PROOF OF PUBLICATION Legal No. 0011204972 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6451 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 17.37 (PUBLIC ART) TO TITLE 17 (LAND DEVELOPMENT AND RESOURCES) OF THE ANAHEIM MUNICIPAL CODE FOR THE PURPOSE OF PROMOTING THE INSTALLATION, MAINTENANCE, AND RESTORATION OF PUBLIC ART AND DETERMINING THAT THIS ORDINANCE EXEMPT FROM THE REQUIREMENTS TO PREPARE ADDITIONAL ENVIRONMENTAL DOCUMENTATION PER CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES, SECTION 15060(C)(2) BECAUSE IT WILL NOT RESULT IN A DIRECT OR REASONABLY FORESEEABLE INDIRECT PHYSICAL CHANGE IN THE ENVIRONMENT. This ordinance adds Chapter 17.37 (Public Art) toTitle 17 (Land De velopment and Resources) of the Anaheim Municipal Code to pro- mote the installation, maintenance and restoration of public art. This ordinance requires the City Manager to establish an Anaheim Public Art Plan and guidelines for the enhancement of the City's public art collection. This ordinance also requires that each new park prosect of community center in the City include a public art installation. Fund- ing ofpermanent public improvements in the form of purchase, ac- quisition or commission of new public art, maior restorations and in- stallation and maintenance thereof may be funded by the Public Art Trust Fund established by the ordnance, I, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certi- fy that the foregoing is a summary of Ordinance No. 6451, which ordi- nance was introduced at a regular meeting of the City Council of the City of Anaheim on the 13th day of November, 2018 and was duly passed and adopted at a regular meeting of said Council on the 20th day of November, 2018 by the following roll call vote of the mem- bersthereof: AYES: Mayor Tait and Council Members Moreno, Murray, Vanderbilt, Barnes, Kring, and Faessel NOES: None ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter con- tained in the text of Ordinance No. 6451, which has been prepared Pur- suant to Section 512 of the Charter of the City of Anaheim. This sum- mary does not include or describe every provision of the ordinance and should not be relied on as a substitute for the full text of the ordi- nance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no charge for the copy. 130354/ LM Published in: Anaheim Bulletin November 29, 2018 11204972 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6451 and was published in the Anaheim Bulletin on the 29th day of November 2018. A A=94 PIT F (SEAL)