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6579ORDINANCE NO. 6 5 7 9 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 17.37 (PUBLIC ART) OF 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, SECTIONS 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 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 Chapter 17.37 (Public Art) of Title 17 (Land Development and Resources) of the Anaheim Municipal Code be amended to read in full as follows: 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- 2 .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. 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 and 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 published 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 the City Council that implements the purpose of the Chapter. The Public Art Plan shall be reviewed by the City Council and as appropriate shall include new and projected allocations from the Public Art 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. 17.37.030 FUNDING. .010 Funding. In order to ensure sufficient funds are committed to support successful implementation of the Public Art Plan, funding shall be established as follows: .0101 Every public park project that entails construction or major refurbishment of anew 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 Fund as a special revenue fund from which expenditures may be made in accordance with this ordinance. The Public Art Fund shall fund the administration of the Public Art Plan pursuant to the Public Art Guidelines 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. 17.37.040 ADMINISTRATION. The City Manager shall administer the Public Art Plan and shall have the following responsibilities, which may be delegated as the City Manager deems appropriate: .010 Develop and reconuiiend 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 Designate the Interdepartmental Public Art Coordination Committee to facilitate and implement the Anaheim Mural Program and authorize the Committee to review and approve applications for Anaheim Mural Permits and submissions for inclusion in the Anaheim Mural Program Artist Register. .0103 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. .0104 Oversee the maintenance, care and repair of Public Art. .0105 Review and provide recommendations to the City Council for a proposed Public Art. .0106 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. .0107 Recommend appropriate locations and accessibility to the public for permanent Public Art, with suggestion as to the type of art that may be appropriate. .0108 Solicit advice from arts professionals, the business community, and from local residents on the appropriateness of proposed Public Art. .0109 Recommend revisions to policies and guidelines for the improved implementation of the Public Art Program. 4 .0110 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. .0111 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. ENVIRONMENTAL REVIEW. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(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 it will have a significant effect on the environment, and it is not a "project", as defined in Section 15378 of the State CEQA Guidelines. SECTION 3. 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 herefrom 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 4. SAVINGS CLAUSE. Neither the adoption of this Ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this Ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5. CERTIFICATION. The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance or a summary thereof 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 6. 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 21 day of May , 2024, and passed and adopted on the 1 1 day of Tune , 2024, by the following roll call vote: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY E OF THE CITY OF ANAHEIM CITY OF ANAHEIM By: M OR OF"TF�YY AHEIM 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6579 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 21st day of May, 2024, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 11th day of June. 2024, by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcava, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 12th of June. 2024. Q�, CITY CLERK OF THE CITY OF ANAHEIM (SEAL) ANAHEIM BULLETHURRE See Proof on Next Page Anaheim Bulletin 1920 Main St. Suite 225 Irvine, California 92614 (T14) 796-2209 200 S. Anaheim Blvd., Suite 217 Anaheim, California 92805 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA County of Orange County I 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. I 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 County, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange County, 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: 06/2012024 I 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: Jun 20, 2024. ORD-6579 (5190168) - Page 1 of 2 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6579 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 17.37 (P TITLE17 (LAND DEVELOPMENTAND RESOURCES) OF THEANAHEIMMUNIC THE PURPOSE OF PROMOTING THE INSTALLATION, MAINTENANCE, AND OF PUBLIC ART AND DETERMINING THAT THIS ORDINANCE IS EXEM 7 This ordinance amends Chapter 17.37 (Public Art) of Title 17 (Land Development) of the Anaheim Municipal Code to implement the Anaheim Public Art Plan and provide for the administration of the Anaheim Public Art Program. 1, Theresa Bass, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6579, which ordinance was introduced at a regular meeting of the City Council of the City of Anaheim on the 21st day of May, 2024 and was duly passed and adopted at a regular meeting of said Council on the 11th day of June, 2024 by the following roll call vote of the members thereof: AYES: Mayor Aitken and Council Members Kurtz, Diaz, Leon, Rubalcavo, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None The above summary Is a brief description of the sublect matter contained In the text of Ordinance No. 6579 which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not include or describe every provision of the ordinance and should not be relled on as a substitute for the full text of the ordinance. 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 1s no charge for the copy. 152141/LM Anaheim Bulletin Published: 6/20/24 ORD-6579 (5190168) - Page 2 of 2 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6579 and was published in the Anaheim Bulletin on the 20tn day of June, 2024, pursuant to Section 512 of the City Charter of the City of Anaheim. I C ERK OF THE CI'OF ANAHEIM (SEAL)