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HomeMy WebLinkAboutStaff Report 6.A 07/06/2015DATE: July 6, 2015 Agenda Item #6.A TO: Honorable Mayor and Members of the City Council through City Manager FROM: Heather Hines, Planning Manager C 01� SUBJECT: Appeal of the Petaluma Public Art Committee's De -Facto Determination that the Proposed Public Art for the Toyota Dealership Expansion and Remodel Project, located at 1125 Auto Center Drive, does not comply with the requirements of Chapter 18 of the Implementing Zoning Ordinance. RECOMMENDATION It is recommended that the Council consider the Petaluma Public Art Committee's (PPAC) deliberation, de -facto determination of non - compliance, and the subsequent appeal submitted by the applicant and either: Approve a resolution denying the appeal and upholding the PPAC's de -facto determination that the proposed onsite installation is not compliant with the criteria outlined in Chapter 18 of the Implementing Zoning Ordinance (IZO); or, • Approve a resolution approving the appeal and making the determination that the onsite public art installation is in compliance with the criteria outlined in Chapter 18 of the IZO. BACKGROUND Project Chronology The Site Plan and Architectural Review for the Toyota Remodel and Expansion project was approved by the Planning Commission on July 22, 2014. The applicant did not incorporate public art onsite as part of the application packet, and therefore payment of the public art fee was conditioned with the approving resolution. A more detailed chronology of the initial review of the project can be found in Attachment 6, PPAC staff report. Subsequently, the applicant requested consideration of onsite public art to satisfy the public art requirement for the project. On February 6, 2015, the applicant submitted a proposal for public art to the Planning Division. The application was reviewed and deemed incomplete on February 26, 2015. The applicant submitted follow up information and the application was deemed complete shortly thereafter and scheduled for the Petaluma Public Art Committee meeting of March 26, 2015. A more detailed description of the proposed artwork can be found in Attachments 8, 10, and 11. The PPAC's consideration of the item on March 26th included concerns about the durability of materials, the interior location, and the excellence in craftsmanship (Attachment 9). Additionally, only four committee members were present at the March 26th meeting. The item was continued to a special meeting on April 9, 2015. Based on the concerns expressed at the March 26th meeting, staff prepared an alternative resolution for the PPAC's consideration and expanded the project chronology for the committee's consideration. At the April 9th meeting, motions were made to approve both resolutions and both motions failed due to a tie vote (3 -3, Hall absent), resulting in a de -facto denial of the onsite public art. On April 23, 2015, Shawn Montoya, on behalf of Hansel Toyota, filed an appeal of the de -facto decision of the Petaluma Public Art Committee. Committee Consideration After consideration and discussion on April 9th, a motion was made to approve a resolution determining that the proposed public art satisfies the requirements of Chapter 18 of the IZO, citing the following reasoning: 1. The project artist is a practicing professional artist skilled in the design and creative production of abstract paintings; 2. The proposed artwork relates to the surrounding buildings and architecture in that it will fill up the majority of the wall in the showroom lobby, will be visible from the front of the project site, and will bring interest and variety to the lobby area and provide a central focus to the room; 3. The proposed artwork demonstrates excellence in craftsmanship, originality in conception and integrity of materials in that it will be created by an artist with experience in similar work, and is an original piece of art that will not duplicate existing public art installations within the City of Petaluma; 4. The proposed artwork will be permanently installed within the waiting area/lobby accompanied by an identifying plaque, will be constructed of durable materials, and will be installed in an indoor environment protected from the elements to ensure minimal maintenance is adequate to preserve the long term integrity and enjoyment of the art; 5. The public art shall be maintained by Hansel Toyota, pursuant to a Maintenance Plan submitted by the property owner; and 6. The proposed public art is not in violation of the intent of the IZO with regards to location because of significant, unobstructed viewing opportunities of the art, as well as the long hours available for public access and viewing of the art, which is not common of private developments. The motion failed due to a tie vote. A subsequent motion to approve a resolution denying the proposed onsite public art was made, determining that the art does not comply with the requirements of Chapter 18 of the IZO, citing 2 the following reasons: 1. The information presented by the applicant did not provide adequate evidence that the finished artwork will demonstrate excellence in craftsmanship, originality in conception, or integrity of materials due to an incomplete project description and examples that did not illustrate the project description; 2. The materials proposed for the art are not durable enough to uphold the integrity of the artwork, particularly with regards to light exposure and oils associated with viewers' ability to touch the artwork, and would require more than minimal maintenance; 3. The location of the proposed public art does not meet the intent of IZO Section 18.100, as the artwork is within the interior space of the commercial business which is used for viewing by Hansel Toyota customers; and 4. The proposed public art should have been considered earlier in the process and permanently designed as part of the project site. The biggest item of disagreement between the Committee members was the location of the proposed public art, and the intent of the requirement set forth under Section 18.100(4). Those Committee members who did not support the proposed public art argued that based on the art being located in the interior space of the private business, it is not consistent with the intent of the IZO to use public art to make public areas of buildings more welcoming, and that the location does not adequately provide for art in a publicly accessible area of the site. Committee members in support of the proposed onsite public art interpreted Section 18.100(4) to apply to any public accessible area of the private construction project. These members felt that the Toyota Dealership lobby /waiting room is an area accessible to the public for an extended number of hours each day, and provides a different opportunity for the public to interact with public art inside private buildings. They also stated that whether or not the intent of IZO Section 18.100 was to prohibit public art located in interior spaces, the IZO currently allows for art within publicly accessible areas of private projects with no specific clarification of interior versus exterior locations, thereby not providing sufficient evidence to deny the proposed public art. DISCUSSION The letter of appeal (Attachment 3) specifically disputes the PPAC's de -facto determination on the following three criterion: The proposal does not present adequate evidence that the artwork will demonstrate excellence in craftsmanship, originality in conception, or integrity of materials. The appellant maintains that the proposed ar N ork is an original design from an established artist and that all materials used are durable to ensure preservation of the art. 3 The PPAC was split, with three members of the committee determining that the information provided was not sufficient to ensure compatibility with these criteria and the other three members determining that the artist and artwork were adequately described to ensure originality, excellence in craftsmanship, and integrity of materials. 2. The materials proposed are not durable enough to uphold the integrity of the artwork, specifically related to sun/light and ability to touch the artwork and therefore does not meet criteria that the artwork will require minimal maintenance. The appellant refers to the artist's history working in this media for over twenty years, the placement of the artwork within the lobby to ensure no direct sun exposure and consistent temperatures as evidence that the materials and setting are durable enough to uphold the integrity of the artwork. Additionally, appellant references a wax coating and a thorough maintenance plan to further ensure the longevity of the artwork. At the PPAC meetings the artist himself maintained that his past works of art have been on display for over 23 years and have held up well and are in good condition. The Maintenance Program submitted by the applicant team also ensures that the artwork will be cleaned by a professional cleaner trained in properly cleaning the art with no harsh chemicals. As a condition of approval in Attachment 2, Exhibit A, a comprehensive list of materials used to create the paintings will be provided to the person maintaining the art to ensure the integrity of the artwork is upheld. Three PPAC members determined that materials proposed would not be adequate to ensure longevity of the artwork with minimal maintenance. The other three PPAC members determined that the materials proposed and the indoor setting were adequate to ensure longevity of the artwork with minimal maintenance. Additionally, a more detailed maintenance plan was conditioned to more filly outline all materials used, regular inspection, proper temperature maintenance, and expertise of a maintenance company. 3. The location of the artwork within the lobby does not meet the intent of the ordinance and does not provide for location of public art in a publicly accessible area of the site. The appellant argues that the IZO and the City's Public Art Master Plan provide for locating art within a building and that the applicant has provided adequate information that the artwork will be easily accessible from the entrance of the building, the public is welcome any time to come inside and view the artwork, and the art is prominently displayed and easily viewable fi°om outside the building. Staff originally recommended approval of the proposed public art in compliance with Chapter 18 of the IZO which states that the purpose ofpublic art is to integrate public art into private and public development projects to make the public areas of buildings and their grounds more welcoming and create a deeper interaction with the places people visit, work, and live in. Although public art installations as part of the Petaluma Public Art Program have been located in exterior locations, Section 18.100 does not 11 expressly prohibit interior display as long as the location enhances the general public's enjoyment of the art within a publicly accessibly area of a private construction project. As previously mentioned, this was the most dividing factor° in the split vote of the PPAC. Those opposed to the proposal found that the location of the artwork within the interior of a lobby of the auto dealer did not meet the intent of the IZO and does not adequately provide for the public art in a publicly accessible area of the site. The three members that supported the proposal found that the proposed artwork did not violate the intent of the IZO because of significant unobstructed viewing opportunities of the art, as well as the long hours available for public access and viewing of the art, which is not common to mostprivate developments. FINANCIAL IMPACTS A total construction cost of $2,550,000 was submitted on the building permit application. Pursuant to the 1% public art requirement, the applicant must spend $25,500 toward onsite public art or as an in lieu fee into the public art fund. ATTACHMENTS 1 Draft City Council Resolution Denying Appeal 2 Draft City Council Resolution Approving the Appeal 3 Letter of Appeal (submitted by applicant) 4 Final PPAC Resolution of Approval (April 9, 2015) 5 Final PPAC Resolution of Denial (April 9, 2015) 6 PPAC Staff Report, April 9, 2015 7 PPAC Minutes, April 9, 2105 8 PPAC Staff Report, March 26, 2015 9 PPAC Staff Minutes, March 26, 2105 10 Public Art Narrative (submitted by applicant) 11 Public Art Submittal Plan (submitted by applicant) 12 Artist Resume for Chris Henry (submitted by applicant) 13 Breakdown of Public Art Cost (submitted by applicant) 14 Contract between Hansel Toyota and Project Artist (submitted by applicant) 15 Photos of Artwork (submitted by the applicant) 16 Public Art Maintenance Plan (submitted by the applicant) 17 Public comment letter, Scott Hess ATTACHMENT 1 RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL DENYING THE APPEAL BY SHAWN MONTOYA, ON BEHALF OF HANSEL TOYOTA, AND UPHOLDING THE PETALUMA PUBLIC ART COMMITTEE'S DE- FACTO DENIAL OF THE PROPOSED ONSITE PUBLIC ART AS PART OF THE TOYOTA DEALERSHIP EXPANSION AND REMODEL PROJECT ASSESSOR'S PARCEL NO. 150 - 020 - 035,150- 020 - 034,150- 020 -033 File No. PLAP -15 -0002 WHEREAS, the Toyota Dealership Expansion and Remodel Project, located at 1125 Auto Center Drive, is a non - residential private construction project located in the PCD zoning district with a total construction cost greater than $500,000; and WHEREAS, the Toyota Dealership Expansion and Remodel Project does not qualify for an exemption outlined in IZO Section 18.060; and WHEREAS, the Toyota Dealership Expansion and Remodel Project is required to provide a public art cost of not less than one percent of the construction costs, as required by IZO Section 18.090; and WHEREAS, pursuant to IZO Section 18.090, Hansel Toyota elected to incorporate public art into the project site; and WHEREAS, the IZO Section 18.100 outlines specific requirements for the location of public art as part of a private construction project; and WHEREAS, IZO Section 18.120 (Public Art Requirements) outlines criteria that public art must satisfy to be consistent with the public art requirement; and WHEREAS, IZO Section 18.130 (Verification of Compliance) specifies that the applicant must demonstrate compliance with the requirements of Chapter 18 with written approval from the Petaluma Public Art Committee that certifies that the proposed public art satisfies the requirements of IZO Section 18.120; and WHEREAS, the Petaluma Public Art Committee reviewed the proposed public art for the Toyota Dealership Expansion and Remodel Project at a meeting held on March 26, 2015, and after reviewing the proposal continued consideration of the application to April 9, 2015; and WHEREAS, the Petaluma Public Art Committee reviewed the application at a meeting held on April 9, 2015 and made two motions, one to approve and one to deny the onsite public art proposal; and WHEREAS, both motions failed due to a tie vote on each motion, resulting in a de -facto denial of the proposed public art; and WHEREAS, on April 23, 2015, Shawn Montoya, on behalf of Hansel Toyota, filed an appeal to the City Council to appeal the Petaluma Public Art Committee's de -facto decision to deny the proposed public art; and I® 1 ATTACHMENT 1 WHEREAS, the appeal was received timely and, as required by IZO Section 24.070, states the pertinent facts, the basis for the appeal, and the relief sought by the appellant; and WHEREAS, on June 25, 2015, a public notice of the hearing for the appeal before the City Council was published in the Argus Courier and mailed to all property owners and occupants within 500 feet of the subject property; and WHEREAS, a staff report with attachments, dated July 6, 2015, was prepared in response to the appeal and is incorporated herein by reference; and WHEREAS, the City Council considered the appeal at a duly noticed public hearing on July 6, 2015, at which time all interested parties had the opportunity to be heard. NOW THEREFORE BE IT RESOLVED, that the City Council fully considered all evidence presented before and at the duly noticed public hearing regarding this matter, and on the basis of the staff report, testimony and other evidence, and the record of proceedings herein, denies the appeal and upholds the Petaluma Public Art Committee's de -facto decision to deny the proposed onsite public art as part of the Toyota Dealership Expansion and Remodel project based on the following findings: 1. The information presented by the applicant, both written and visual, do not provide adequate evidence that the finished artwork will demonstrate excellence in craftsmanship, originality in conception or integrity of materials as required by Implementing Zoning Ordinance (IZO) § 18.120(C), due to an incomplete project description, and examples that did not illustrate the project description. 2. The materials proposed in the artwork are not durable enough to uphold the integrity of the artwork, particularly with regards to light exposure and oils associated with viewers' ability to touch the artwork, and therefore the artwork does not clearly satisfy IZO §18.120(E) which requires that the art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts. 3. The location of the proposed art within the interior lobby of the auto dealer does not meet the requirements of IZO §18.100 (Location of Public Art) because it does not adequately provide for location of public art in a publicly accessible area of the site. Additionally, the location of the artwork, within the interior of the commercial business is the interior space of the private business, for viewing by Hansel Toyota customers, opposed to the more general public, and therefore is not consistent with the intent of IZO Chapter 18 to use public art to make public areas of buildings more welcoming. 4. The proposed public art should have been considered earlier in the process and permanently designed as part of the project site, as required by the IZO, and as a result.... I® 2 ATTACHMENT 1 5. This Resolution shall take effect immediately upon adopting by the City Council and the City Council's adoption of this Resolution shall be deemed the final determination by the City. 6. Pursuant to Civil Procedure Code section 1094.6, any petition challenging this Resolution shall be filed not later than the 90th day following the date on which the decision became final. 1® 3 ATTACHMENT 2 RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL APPROVING THE APPEAL BY SHAWN MONTOYA, ON BEHALF OF HANSEL TOYOTA, AND OVERTURNING THE PETALUMA PUBLIC ART COMMITTEE'S DE -FACTO DENIAL OF THE PROPOSED ONSITE PUBLIC ART AS PART OF THE TOYOTA DEALERSHIP EXPANSION AND REMODEL PROJECT ASSESSOR'S PARCEL NO. 150- 020 - 035,150- 020 - 034,150- 020 -033 File No. PLAP -15 -0002 WHEREAS, the Toyota Dealership Expansion and Remodel Project, located at 1125 Auto Center Drive, is a non - residential private construction project located in the PCD zoning district with a total construction cost greater than $500,000; and WHEREAS, the Toyota Dealership Expansion and Remodel Project does not qualify for an exemption outlined in IZO Section 18.060; and WHEREAS, the Toyota Dealership Expansion and Remodel Project is required to provide a public art cost of not less than one percent of the construction costs, as required by IZO Section 18.090; and WHEREAS, pursuant to IZO Section 18.090, Hansel Toyota elected to incorporate public art into the project site; and WHEREAS, the IZO Section 18.100 outlines specific requirements for the location of public art as part of a private construction project; and WHEREAS, IZO Section 18.120 (Public Art Requirements) outlines criteria that public art must satisfy to be consistent with the public art requirement; and WHEREAS, IZO Section 18.130 (Verification of Compliance) specifies that the applicant must demonstrate compliance with the requirements of Chapter 18 with written approval from the Petaluma Public Art Committee that certifies that the proposed public art satisfies the requirements of IZO Section 18.120; and WHEREAS, the Petaluma Public Art Committee reviewed the proposed public art for the Toyota Dealership Expansion and Remodel Project at a meeting held on March 26, 2015, and after reviewing the proposal continued consideration of the application to April 9, 2015; and WHEREAS, the Petaluma Public Art Committee reviewed the application at a meeting held on April 9, 2015 and made two motions, one to approve and one to deny the onsite public art proposal; and WHEREAS, both motions failed due to a tie vote on each motion, resulting in a de -facto denial of the proposed public art; and WHEREAS, on April 23, 2015, Shawn Montoya, on behalf of Hansel Toyota, filed an appeal to the City Council to appeal the Petaluma Public Art Committee's de -facto decision to deny the proposed public art; and a-1 ATTACHMENT 2 WHEREAS, the appeal was received timely and, as required by IZO Section 24.070, states the pertinent facts, the basis for the appeal, and the relief sought by the appellant; and WHEREAS, on June 25, 2015, a public notice of the hearing for the appeal before the City Council was published in the Argus Courier and mailed to all property owners and occupants within 500 feet of the subject property; and WHEREAS, a staff report with attachments, dated July 6, 2015, was prepared in response to the appeal and is incorporated herein by reference; and WHEREAS, the City Council considered the appeal at a duly noticed public hearing on July 6, 2015, at which time all interested parties had the opportunity to be heard. NOW THEREFORE BE IT RESOLVED, that the City Council fully considered all evidence presented before and at the duly noticed public hearing regarding this matter, and on the basis of the staff report, testimony and other evidence, and the record of proceedings herein, approves the appeal and overturns the Petaluma Public Art Committee's de -facto decision to deny the proposed onsite public art as part of the Toyota Dealership Expansion and Remodel project based on the following findings: A. Chris Henry, the project artist, is a practicing professional artist skilled in the design and creative production of abstract paintings. His qualifications are evidenced through a record of exhibitions such as the Terra Firma Gallery, publications in the Press Democrat and California Home & Design, and numerous private collections throughout the United States and Internationally. B. The proposed artwork relates to the surrounding buildings and architecture in that it will fill up the majority of the wall in the showroom lobby, and will be visible from the front of the project site. The art will bring interest and variety to the lobby area, and provide a central focus to the room. The proposed art uses materials and content that also relate to the surrounding setting, as the materials are durable and the content is focused on local Sonoma County history. C. The proposed artwork demonstrates excellence in craftsmanship, originality in conception and integrity of materials in that it will be created by an artist with experience in similar work, and is an original piece of art that will not duplicate existing public art installations within the City of Petaluma. D. The art work will be permanently installed within the waiting area /lobby. 2 -2 ATTACHMENT 2 E. The proposed art is constructed of durable materials, and will be installed in an indoor environment protected from the elements to ensure minimal maintenance is adequate to preserve the long term integrity and enjoyment of the art. F. The artwork shall be maintained by Hansel Toyota in a manner acceptable to the City of Petaluma, as outlined in the Maintenance Plan submitted by the property owner. G. Based on the type of artwork proposed, there is no requirement for a building permit to install the paintings /panels on the wall. H. The artwork shall be accompanied by an identifying plaque featuring the artist's name, artwork title, and date of completion. The plaques shall be installed on the wall adjacent to the art panels. I. The proposed public art is not in violation of the intent of the IZO because of significant, unobstructed viewing opportunities of the art, as well as the long hours available for public access and viewing of the art, which is not common of private developments. J. This Resolution shall take effect immediately upon adopting by the City Council and the City Council's adoption of this Resolution shall be deemed the final determination by the City. K. Pursuant to Civil Procedure Code section 1094.6, any petition challenging this Resolution shall be filed not later than the 90th day following the date on which the decision became final. a® 3 ATTACHMENT 2 Exhibit A CITY COUNCIL CONDITIONS OF APPROVAL Toyota Dealership Expansion and Remodel Project 1125 Auto Center Drive APN 150 - 020 - 035,150- 020 -033, & 150- 020 -034 City File Number: PLAP -15 -0002 1. The applicant shall resubmit a more detailed Public Art Maintenance Plan to ensure proper maintenance of the art installation, outlining the following items: a. A beginning conditions report; b. Ongoing inspections; c. A temperature log; d. Expertise of a company with fine art cleaning experience; and e. A comprehensive list of the materials used to create the paintings, which shall be provided to the person(s) maintaining the art. 2. No long -term signage, as defined by the IZO, shall obstruct the view of the public art. M ATTACHMENT 3 MONTOYA AND A S S 0 C I A T E S Jacqueline Vance, Assistant Planner City of Petaluma 11 English Street Petaluma, CA 94952 Re: Toyota Dealership Expansion and Remodel Appeal of Public Art Committee Determination Ms. Vance, This letter is to further clarify our position on why the appeal of the Public Art Committee's decision of the above referenced project is valid. The basis of appeal is in response to the resolution for noncompliance with Chapter 18 of the Implementing Zoning Ordinance as prepared by the City of Petaluma, heard on April 9, 2015, and voted on with a tie vote of 3 to 3. Wording taken from the resolution is shown in italics. 1. The information presented by the applicant, both written and visual, do not provide adequate evidence that the finished artwork will demonstrate excellence in craftsmanship, originality in conception or integrity of materials as required by Implementing Zoning Ordinance (lZO) § 18.120). The artwork as provided meets all of the criteria established by section 18.120. Specifically, the proposed artwork is an original design from an established artist. The artist, Chris Henry, has art exhibited in galleries and public and private collections throughout the Unites States and internationally. The materials used are sturdy, very durable and will be in a setting that will assure the preservation of the art for many years. Any repairs are easily accomplished by the artist. 2. The materials proposed in the artwork are not durable enough to uphold the integrity of the artwork, particularly with regards to sun exposure and oils associated with viewers' ability to touch the artwork and therefore the artwork does not clearly satisfy IZO §18.120(E) which requires that the art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts. The artist has been working in this style of media for many years with no known deterioration of materials which includes works that are over twenty years old. The placement of the art was selected so as not to have direct sun exposure and a consistent temperature. The art is illuminated by LED light A Professional Services Firm 5 Marlie Lane -0 PetalumaXalifornia 94952 ■ telephone 707763 8006 ■ fax 707 762 3239 ml fixtures (no harmful UV rays) and is protected with a wax coating that can be reapplied as necessary. A thorough maintenance program which includes cleanings, inspections, and proper record keeping has been established to provide for the long term benefit of the art. 3. The location of the proposed art within the interior lobby of the. auto dealer does not meet the intent of IZO §18.100 (Location of Public Art) and does not adequately provide for location of public art in a publicly accessible area of the site. Additionally, the location of the artwork within the interior of the commercial business may not feel welcoming to the general public to view the artwork and therefore is not consistent with the intent of IZO Chapter 18 to use public art to make public areas of buildings more welcoming. The main objection voiced at the meeting was the location of the public art inside of the building. Members of the committee were concerned that approving public art inside a building would set a precedent for future projects. Locating public art inside a building is currently part of the City of Petaluma's* Public Art Master Plan and allowed in the City of Petaluma IZO. In the City of Petaluma's Public Art Master Plan, the mission statement includes '-fostering art within public view or access in private development." The Master Plan encourages public art to be displayed inside Petaluma's municipal facilities (pg. 23). IZO §18.010 in describing the purpose of public art states "The experience of public art makes the public areas of buildings and their grounds more welcoming." The location of the art in this building is clearly a "public area ". IZO §18.100 allows for public art "...in a publicly accessible area of the private or public construction project." And the City of Petaluma website in describing the function of the Public Art Committee further clarifies this issue by stating that locations "..may be interior spaces provided they are accessible to the public for a minimum of eight hours per business day." The space has been designed to highlight the art and it is easily accessible from the entrance to the site and building. The public is welcome anytime during business hours to come inside and view the art. No special instructions or guidance is required. The art is prominently displayed at the main entrance and easily viewable from outside the building as well. A plaque will be displayed with the artist's name and completion date. At night, the art will be illuminated and can be easily viewed from outside the building. Please let me know if you have any questions. I look forward to the hearing at the Petaluma City Council to resolve this matter. A Professional Services Firm 5 Marlle Lane ■ Petaluma,California 94952 ■ telephone 707 763 8006 ■ fax 707 762 3239 ATTACHMENT 4 RESOLUTION OF THE CITY OF PETALUMA PUBLIC ART COMMITTEE DETERMINING THAT THE PROPOSED PUBLIC ART FOR THE TOYOTA DEALERSHIP EXPANSION AND REMODEL PROJECT SATISFIES THE REQUIREMENTS OF SECTION 18.120 OF THE IMPLEMENTING ZONING ORDINANCE. WHEREAS, the Toyota Dealership Expansion and Remodel Project, located at 1125 Auto Center Drive, is a non - residential private construction project located in the PCD zoning district with a total construction cost greater than $500,000; and WHEREAS, the Toyota Dealership Expansion and Remodel Project does not qualify for an exemption outlined in IZO Section 18.060; and WHEREAS, the Toyota Dealership Expansion and Remodel Project is required to provide a public art cost of not less than one percent of the construction costs, as required by IZO Section 18.090; and WHEREAS, consistent with IZO Section 18.090, Hansel Toyota elected to incorporate public art into the project site; and WHEREAS, the proposed public art is located in a publicly accessible area of the private construction project, as required by IZO Section 18.100; and WHEREAS, IZO Section 18.120 (Public Art Requirements) outlines requirements for public art proposed pursuant to IZO Chapter 18; and WHEREAS, IZO Section 18.130 (Verification of Compliance) specifies that the applicant must demonstrate compliance with the requirements of Chapter 18 with written approval from the Petaluma Public Art Committee that certifies that the proposed public art satisfies the requirements of Section 18.120; and WHEREAS, the Petaluma Public Art Committee reviewed the proposed public art for the Toyota Dealership Expansion and Remodel Project at a meeting held on March 26, 2015, and after reviewing the proposal continued consideration of the application to April 9, 2015; and WHEREAS, the Petaluma Public Art Committee reviewed the application at a meeting held on April 9, 2015 and determined that the proposed public art satisfies the requirements of Section 18.120 of the Implementing Zoning Ordinance. NOW THEREFORE BE IT RESOLVED, the Petaluma Public Art Committee certifies that the public art proposed as part of the Toyota Dealership Expansion and Remodel Project satisfies the requirements of Section 18.120 of the Implementing Zoning Ordinance consistent with the following findings. A. Chris Henry, the project artist, is a practicing professional artist skilled in the design and creative production of abstract paintings. His qualifications are evidenced through a record of exhibitions such as the Terra Firma Gallery, publications in the Press Democrat ATTACH M ENT A B. The proposed artwork relates to the surrounding buildings and architecture in that it will fill up the majority of the wall in the showroom lobby, and will be visible from the front of the project site. The art will bring interest and variety to the lobby area, and provide a central focus to the room. The proposed art uses materials and content that also relate to the surrounding setting, as the materials are durable and the content is focused on local Sonoma County history. C. The proposed artwork demonstrates excellence in craftsmanship, originality in conception and integrity of materials in that it will be created by an artist with experience in similar work, and is an original piece of art that will not duplicate existing public art installations within the City of Petaluma. D. The art work will be permanently installed within the waiting area/lobby. E. The proposed art is constructed of durable materials, and will be installed in an indoor environment protected from the elements to ensure minimal maintenance is adequate to preserve the long term integrity and enjoyment of the art. F. The artwork shall be maintained by Hansel Toyota in a manner acceptable to the City of Petaluma, as outlined in the Maintenance Plan submitted by the property owner. G. Based on the type of artwork proposed, there is no requirement for a building permit to install the paintings /panels on the wall. H. The artwork shall be accompanied by an identifying plaque featuring the artist's name, artwork title, and date of completion. The plaques shall be installed on the wall adjacent to the art panels. I. The proposed public art is not in violation of the intent of the IZO because of significant, unobstructed viewing opportunities of the art, as well as the long hours available for public access and viewing of the art, which is not common of private developments. ADOPTED this 9t" day of April, 2015, by the following vote: Committee Member Aye No Absent Abstain Chair Marks X Vice Chair Booker Knight X Gelss - Mooney X Hess X McDonnell X Petersen X Hall I X q 4W 2 ATTACHMENT A Exhibit A PPAC CONDITIONS OF APPROVAL Toyota Dealership Expansion and Remodel Project 1125 Auto Center Drive APN 150- 020 - 035, 150- 020 -033, & 150 - 020 -034 City File Number: PLSR -14 -0009 1. The applicant shall resubmit a more detailed Public Art Maintenance Plan to ensure proper maintenance of the art installation, outlining the following items: a. A beginning conditions report; b. Ongoing inspections; c. A temperature log; d. Expertise of a company with fine art cleaning experience; and e. A comprehensive list of the materials used to create the paintings, which shall be provided to the person(s) maintaining the art. 2. No long -term signage, as defined by the IZO, shall obstruct the view of the public art. 3 IN ATTACHMENT 5 RESOLUTION OF THE CITY OF PETALUMA PUBLIC ART COMMITTEE DETERMINING THAT THE PROPOSED PUBLIC ART FOR THE TOYOTA DEALERSHIP EXPANSION AND REMODEL PROJECT DOES NOT COMPLY WITH THE REQUIREMENTS OF SECTION 18.120 OF THE IMPLEMENTING ZONING ORDINANCE. WHEREAS, the Toyota Dealership Expansion and Remodel Project, located at 1125 Auto Center Drive, is a non - residential private construction project located in the PCD zoning district with a total construction cost greater than $500,000; and WHEREAS, the Toyota Dealership Expansion and Remodel Project does not qualify for an exemption outlined in IZO Section 18.060; and WHEREAS, the Toyota Dealership Expansion and Remodel Project is required to provide a public art cost of not less than one percent of the construction costs, as required by IZO Section 18.090; and WHEREAS, pursuant to IZO Section 18.090, Hansel Toyota elected to incorporate public art into the project site; and WHEREAS, the IZO Section 18.100 outlines specific requirements for the location of public art as part of a private construction project; and WHEREAS, IZO Section 18.120 (Public Art Requirements) outlines criteria that public art must satisfy to be consistent with the public art requirement; and WHEREAS, IZO Section 18.130 (Verification of Compliance) specifies that the applicant must demonstrate compliance with the requirements of Chapter 18 with written approval from the Petaluma Public Art Committee that certifies that the proposed public art satisfies the requirements of IZO Section 18.120; and WHEREAS, the Petaluma Public Art Committee reviewed the proposed public art for the Toyota Dealership Expansion and Remodel Project at a meeting held on March 26, 2015, and after reviewing the proposal continued consideration of the application to April 9, 2015; and WHEREAS, the Petaluma Public Art Committee reviewed the application at a meeting held on April 9, 2015 and determined the proposed public art does not meet the intent of Section 18.100 of the IZO. NOW THEREFORE BE IT RESOLVED, the Petaluma Public Art Committee determined that the public art proposed as part of the Toyota Dealership Expansion and Remodel Project does not comply with the following requirements of Chapter 18 of the Implementing Zoning Ordinance: 1. The information presented by the applicant, both written and visual, do not provide adequate evidence that the finished artwork will demonstrate excellence in craftsmanship, originality in conception or integrity of materials as required by Implementing Zoning 5`1 ATTACHMENT B Ordinance (IZO) §I8.120(C), due to an incomplete project description, and examples that did not illustrate the project description. 2. The materials proposed in the artwork are not durable enough to uphold the integrity of the artwork, particularly with regards to light exposure and oils associated with viewers' ability to touch the artwork, and therefore the artwork does not clearly satisfy IZO §18.120(E) which requires that the art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts. 3. The location of the proposed art within the interior lobby of the auto dealer does not meet the intent of IZO § 18.100 (Location of Public Art) and does not adequately provide for location of public art in a publicly accessible area of the site. Additionally, the location of the artwork within the commercial business is the interior space of the private business, for viewing by Hansel Toyota customers, and therefore is not consistent with the intent of IZO Chapter 18 to use public art to make public areas of buildings more welcoming. 4. The proposed public art should have been considered earlier in the process and permanently designed as part of the project site, as required by the IZO. ADOPTED this 91h day of April, 2015, by the following vote: Committee Member Aye No Absent Abstain Chair Marks X Vice Chair Booker Knight X Geiss - Mooney X Hess X McDonnell X Petersen X Hall X 5® 2 ATTACHMENT 6 DATE: April 9, 2015 TO: Petaluma Public Art Committee FROM: Jacqueline Vance, Assistant Planner SUBJECT: Toyota Dealership Expansion and Remodel Public Art in Private Development RECOMMENDATION It is recommended that the Petaluma Public Art Committee approve a resolution determining that the proposed public art for the Toyota Dealership Expansion and Remodel Project satisfies the requirements of Section 18.120 of the Implementing Zoning Ordinance (Attachment A). Alternatively, should the Committee find that the proposed public art does not satisfy the requirements of the IZO, a draft resolution with those findings as discussed at the March 26th PPAC meeting is also included for consideration (Attachment B). BACKGROUND Project Chronology An application for Site Plan and Architectural Review for the Toyota Remodel and Expansion Project was initially submitted to the City on May 1, 2014. An incomplete letter was sent to the applicant on June 20, 2014 that outlined the public art requirement and process for either incorporating public art into the project or paying the in -lieu fee. The letter also clarified that should the applicant wish to incorporate public art into the project it should be shown on resubmitted plans and review by the Public Art Committee would be required. Revised plans submitted to complete the SPAR application did not include on -site public art. As a result, the Planning Commission's approval on July 22, 2014 (Resolution #2014 -24) included a condition that the applicant pay all applicable development impact fees (inclusive of public art fee) prior to the issuance of a building permit. Subsequent to receiving Planning Commission approval, a building permit was issued for the scope of the project without payment of applicable impact fees. Once this oversight was discovered, staff contacted the applicant representative and requested payment of all outstanding fees. In response and with regard to the public art requirement, the applicant indicated an intention to install a piece of public art on -site. All other applicable impact fees were paid by the applicant. On February 6, 2015, the applicant submitted a proposal for public art to the Planning Division. The application was reviewed and deemed incomplete on February 26, 2015. The applicant submitted follow up information and the application was deemed complete shortly thereafter and scheduled for the Petaluma Public Art Committee meeting of March 26, 2015. C0 -1 Verbal communication with the applicant during review of the public art proposal communicated uncertainty with the suitability of the interior location and review of the precise code language with regard to location of public art in the IZO. Committee Consideration On March 26, 2015, the Petaluma Public Art Committee reviewed the proposal for public art within the Toyota Dealership Expansion and Remodel Project located at 1125 Auto Center Drive. At that meeting, the Committee expressed concern associated with four main issues: Implementing Zoning Ordinance (IZO) §18.120(C) requires that the art demonstrate excellence in craftsmanship, originality in conception and integrity of materials. The Committee was not comfortable determining whether this finding was met due to an insufficient amount of visual representation of what the artwork would look like when completed. 2. IZO Section 18.120(D) establishes criteria that the artwork must be permanent and a fixed asset of the site. The Committee expressed concern that there was not sufficient assurance that the artwork would be permanently affixed to the site and not readily able to be relocated to another site or private office. IZO §18.120(E) requires that the art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts. The Committee was concerned that the proposed art will not be created with materials that are durable enough to uphold the integrity of the art work, particularly with regards to sun exposure, as well as wear and tear and oils associated with viewers' ability to touch the art pieces. 4. The Committee felt that the proposed art did not meet the intent of IZO §18.100 (Location of Public Art) due to its location within a private building. The Committee also expressed concern that the public may not feel welcome interrupting a private business to view the public artwork. After providing comments to staff and the applicant team, the Committee continued consideration of the proposal to the already scheduled special meeting on April 9, 2015 so that a greater number of the Committee members would be present to comment on the proposal. Public Art in Private Development IZO Chapter 18 (Public Art) provides procedures and standards for the integration of public art into private development. The ordinance requires new non - residential development with a total construction cost of greater than $500,000 to install public artwork on -site or pay an in lieu fee equal to 1% of the total construction costs. It is the developer's choice to either integrate public artwork into the project or pay the in lieu fee which is then placed in the Public Art Fund. If a developer chooses to integrate public art onsite the cost of acquisition and installation of the art work must not be less than 1% of the total construction costs of the project. If the cost of the artwork, is less than the defined 1% then the difference shall be paid as an in lieu fee. 2 (0-2- Public artwork as defined in Chapter 18 of the IZO is: "Works of art are to be enduring original artworks. They should be of the highest quality and craftsmanship. They should engage one's mind and senses while enhancing and enriching the quality of life of the City. The artworks will be generally sited and an integral part of the landscaping and /or architecture of the building, considering the historical, geographical, and social /cultural context of the site. The artworks shall be constructed in a scale that is proportional to the scale of the development. " (Section 18.030(C)) Public artwork is not limited in type or material and can include sculpture, murals, photography, and original works of graphic art, water features, neon, glass, or mosaics. It can include furnishing or fixtures (e.g. gates, walls, railings, street lights, and seating) permanently affixed to the building or its grounds, and may include architectural features of the building. Compliance with the provisions of Chapter 18 must be demonstrated by the developer /owner at the time a building permit application is submitted. Prior to issuance of the building permit the Petaluma Public Art Committee must verify that the proposed artwork musts meet the following requirements of IZO § 18.120: A. The art shall be designed and constructed by an artist; B. The art work shall be related in terms of scale, material, form, and content to immediate and adjacent buildings and architecture, landscaping or other setting so to complement the site and its surroundings, and shall be consistent with any corresponding action of the Planning Commission or City Council as it may relate to any development entitlements for the private construction project; C. The art shall demonstrate excellence in craftsmanship, originality in conception and integrity of materials; D. Permanent art work shall be a fixed asset to the property; E. The art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts, as evidenced by a maintenance plan submitted with the public art proposal; F. The art work shall be maintained by the property owner in a manner acceptable to the City; G. The art work meets all applicable building code requirements; and H. The art must be accompanied by an identifying plaque that features the artist's name, artwork title and date of completion, made of a durable material, and be installed permanently near the art. Toyota Dealership Expansion and Remodel Project The Toyota Expansion and Remodel Project was approved at a public hearing of the Planning Commission on July 22, 2014 to enlarge the showroom, add office space, and upgrade the exterior of the dealership. The project is currently under construction and is estimated to be completed in April 2015. (0 -3 DISCUSSION Proposed Public Art The applicant is proposing to install a triptych (3 mixed media paintings) on a 12 -foot high by 18 -foot wide wall located within the waiting area /lobby. The artwork would be visible from both inside the lobby and from outside the building at the front of the site's entrance, as shown in Attachment C. Each panel /painting will be 54- inches wide by 68- inches high, and fill up the majority of the wall space above the waiting area chairs. The subject of the artwork will be Sonoma County history, starting in the 1800s and moving through the 1900s and beyond to create a progression of time from left to right along the wall. More specifically the most left panel will represent the 1800s, the center panel will represent the 1900s, and the third representing a futuristic Sonoma County. The artwork is considered to be abstract, and will be created using materials such as bronze sheeting, pumice, acrylic paint, glues, and polyurethane. These pieces are considered to be durable and easily maintainable by the owner. A plaque will be installed below the permanent artwork with the artist's name, artwork title, and date of completion. The project Artist, Chris Henry, has more than ten years of experience and focuses primarily on abstract paintings. Mr. Henry's resume is provided in Attachment D. Additional Information Subsequent to March. 26, 2015 Meeting The applicant has provided additional information about the proposed art piece subsequent to the PPAC meeting on March 26, 2015. These items, listed below, are included as attachments to the staff report. 1. A breakdown of the public art cost of $25,500 (Attachment F). 2. A contract between Hansel Toyota and the Project Artist, Chris Henry (Attachment G). 3. An incompleteness letter from the SPAR process (Attachment H). 4. Photos of the art work in progress to better determine what the art work will look like when completed (Attachment I). 5. Public Art Maintenance Plan specifying how the public art will be maintained in accordance with the requirements of Section 18.120 (Attachment J). Location of Public Art IZO § 18.100 outlines locational criteria for all public art in private development and requires that public art be located in a publicly accessible area within the project each day. The proposed artwork will be located in the showroom lobby visible through a large expanse of windows facing the front of the dealership. The addition of lighting and the contrast of the artwork on a darkly painted wall will highlight the panels and allow visibility both at night and during the day from outside of the building. Additionally, the dealership is open during the following approximate business hours and will allow patrons to view the art from inside the lobby space: Monday — Friday from 8:30am to 8:00pm, Saturdays from 8:30am to 7:00pm, and Sundays from 10:00am to 6:00pm. Although the installation of sculpture art was considered by the owner as part of this project, the 11 limited sidewalk and on- street parking surrounding the site deemed limited options for a larger piece outside of the building. Therefore, the owner is offering the use of interior space to satisfy the public art requirement. Although the interior location of the proposed public art is different than other proposals that the committee has considered, it provides the opportunity to use a different style and media while providing quality art work in a visible location within the development. The code language in Section 18.100 does not expressly prohibit public at when located interior to a building. However, it is within the prevue of the PPAC to determine whether the proposed location is within the requirements of the public art ordinance. Public Art Criteria The following outlines staff analysis for each of the eight criteria included in Section 18.120: A. Chris Henry, the project artist, is a practicing professional artist skilled in the design and creative production of abstract paintings. His qualifications are evidenced through a record of exhibitions such as the Terra Firma Gallery, publications in the Press Democrat and California Home & Design, and numerous private collections throughout the United States and Internationally; B. The proposed artwork relates to the surrounding buildings and architecture in that it will fill the majority of the wall in the showroom lobby, and will be visible from the front of the project site. The art will bring interest and variety to the lobby area, and provide a central focus to the room. The proposed art uses materials and content that also relate to the surrounding setting, as the materials are durable and the content is focused on local Sonoma County history; C. The proposed artwork demonstrates excellence in craftsmanship, originality in conception and integrity of materials in that it will be created by an artist with experience in similar work, and is an original piece of art that will not duplicate existing public art installations within the City of Petaluma; D. The art work will be permanently installed within the waiting area/lobby, and the applicant is willing to affix the art work to the wall in whatever manner provides comfort to the Committee in that it will not be relocated and will be a permanent installation.; E. The proposed art is constructed of durable materials, and will be installed in an indoor environment protected from the elements to ensure minimal maintenance is adequate to preserve the longterm integrity and enjoyment of the art; F. The artwork shall be maintained by Hansel Toyota in a manner acceptable to the City of Petaluma, as outlined in the Maintenance Plan submitted by the property owner; G. Based on the type of artwork proposed, there is no requirement for a building permit to install these paintings /panels on the wall; and H. The artwork shall be accompanied by an identifying plaque featuring the artist's name, artwork title, and date of completion. The plaques shall be installed on the wall adjacent to the art panels. CONCLUSION Staff's recommendation remains unchanged from that provided at the March 26th meeting. If the majority of the Committee members do not support the application, staff has prepared a draft resolution for denial including findings based upon the comments provided at the previous meeting (Attachment B). FINANCIAL IMPACTS Based on the total construction cost of $2,550,000 that was provided on the building permit application, the applicant must satisfy $25,500 toward public art. The contract with the project artist indicates that the creation and installation of the artwork satisfies the I% requirement. ATTACHMENTS Attachment A. Draft PPAC Resolution of Approval Attachment B. Draft PPAC Resolution of Denial Attachment C. Public Art Narrative Attachment D. Public Art Submittal Plan Attachment E. Artist Resume (Chris Henry) Attachment F. Breakdown of Public Art Cost Attachment G. Contract between Hansel Toyota and Project Artist Attachment H. SPAR Incompleteness Letter, June 20, 2014 Attachment I. Photos of Artwork in Progress Attachment J. Public Art Maintenance Plan i s �sALrr CITY OF PETALUMA, CALIFORNIA R SPECIAL MEETING OF THE PUBLIC ART COMMITTEE Petaluma Arts Center r8E5 $ 210 Lakeville Street Petaluma, CA 94952 FINAL MINUTES [Thursday, April 9, 2015 17:00,, PI.M. 1. CALL TO ORDER - 7:04 P.M. 2. ROLL CALL - 7:05 P.M. ATTACHMENT 7 Present: Alison Marks, Annee Booker Knight, Kevin McDonnell, Meg Geiss- Mooney, Scott Hess, Karen Petersen Absent /Excused: Caroline Hall 3. PUBLIC COMMENT Public Comment Opened - 7:05 P.M. There was no public comment. 4. PRESENTATION A. N/A 5. APPROVAL OF MINUTES Approval of Minutes of Regular Public Art Committee Meetings of Thursday, March 12, 2015 and Thursday, March 26, 2015. Motion to approve the Minutes of Thursday, March 12, 2015 was made by Committee Member Kevin McDonnell, Seconded by Committee Member Annee Booker Knight. Aye, Members - Marks, Geiss- Mooney, Hess, Petersen. Motion to approve the Minutes of Thursday, March 26, 2015 was made by Committee Member Karen Petersen, Seconded by Committee Member Kevin McDonnell. Aye, Members - Marks, Geiss- Mooney, Hess, Booker Knight. 1 6. OLD BUSINESS A. Hansel Toyota Dealership, 1125 Auto Center Drive. Proposed public art as part of the Toyota Dealership Expansion and Remodel Project (Continued from March 26, 2015) - Staff Staff Jacqueline Vance gave a brief presentation on the proposed public art as part of the Toyota Dealership project, outlining the findings the Committee was concerned with at the prior meeting on March 26th. Staff explained that two resolutions had been prepared for consideration by the Committee; the first resolution (Attachment A) provided findings to determine consistency with the requirements outlined in the Implementing Zoning Ordinance (IZO), and the second (Attachment B) outlined findings to determine inconsistency with IZO requirements based on the concerns expressed by the Committee at the previous meeting. Staff deferred to the applicant team to give an overview of the additional information provided in the packet in response to the Committee's concerns, as well as address some of the Committee's initial concerns. The project artist, Chris Henry, noted that at the last meeting he had informed the Committee that he had been creating abstract art for 11 years, with regards to the durability of his art. Mr. Henry reiterated that he has artwork that has been on display for 23 years, which has held up well and is in good condition. The project applicant, Shawn Montoya, addressed the Committee's concerns regarding permanence of the artwork. Mr. Montoya stated that the project contractor has assured him that the art can be permanently affixed to the wall. Member Booker Knight agreed that there are ways to secure the artwork, such as security screws. The applicant indicated a willingness to provide any means necessary to ensure the art will be permanent in order to satisfy the Committee. As part of the applicant team, Justin Hansel (son of Hansel Toyota owner Henry Hansel) explained to the Committee the history of his family's dealership and investment in the Petaluma community over many years. Mr. Hansel also explained that they are excited at the possibility of providing public art within their business. The dealership has thousands of visitors and employees who would be able to view this art on a daily basis, which would provide maximum exposure of the public art pieces. Committee Members proceeded to share their impressions of the project one at a time. Chair Marks stated her concern that there is no assurance that the proposed public art would be a permanent installation. She also expressed concern on whether the artwork met the IZO requirement of an art valuation of 1% of the construction cost. Chair Marks noted that she was unsure if the artist had relevant public art experience. Chair Marks stated that she did not feel the proposed public art met the intent of the IZO with regards to location, and she thought the art was solely a painting designed for a private business. She indicated that the timeline for this project felt rushed, as if there were not regard for the process. Chair Marks asked if the project was commissioned before it was scheduled to come to the Committee. Member Booker Knight voiced concerns with the compensation amount being paid to the artist, and whether it met the IZO requirement of 1 %. She also stated that she did not know whether this proposed art valuation was in -line with other artworks of this type (paintings). Additionally, she echoed Chair Marks' concerns with a rushed process. Member McDonnell questioned whether the consultant fee was permitted to be included in the public art valuation. Member McDonnell asked if there is /was a drop dead date in the fee scheduling and entitlement /permit process when the developer could no longer changes their mind on in lieu fee vs. artwork on site Staff Page 2 —1-2- Heather Hines verified that the public art cost, as defined in the IZO, is the total cost of providing the public art including but not limited to the design, development, acquisition, execution and installation of public art. Member McDonnell was not concerned with the permanence of the art, as the applicant is required to install a plaque next to the art on the wall, and there are measures that can be taken to make the art permanent. He also suggested that the plaque include some language stating that the art pieces are part of Petaluma's public art collection. Member McDonnell stated that the high level of foot traffic expected to occur within the Toyota Dealership should lend to creating highly visible public art. Additionally, he was concerned that if this project were to be approved that it could set a precedence for future public art proposals in private businesses. Member Geiss- Mooney stated her concerns with the light exposure occurring at the art location, particularly with regards to the indoor lighting fixture and total light exposure from inside and outside light sources. She indicated that the submitted Maintenance Plan needs more detail to ensure proper maintenance of the art installation. Adding to items such as ongoing inspections, a beginning conditions report, temperature log, and cleaning were discussed. Member Geiss- Mooney felt that the proposed weekly cleaning was excessive, and that the monthly expertise of a company with fine art cleaning experience should be sufficient to begin with. She also asked that the project artist provide a comprehensive list of the materials used to create the painting, which should be provided to the person(s) maintaining the art. Member Hess questioned the location of the proposed public art. He felt that paintings inside a private business did not feel public, and that it did not meet the intent of the IZO. Member Petersen was mainly concerned with the precedent that would be set if the proposed public art were approved, which echoed Chair Marks' concerns. Member Petersen also stated that public access to the art pieces should be provided at the maximum extent feasible. Member McDonnell motioned to approve Attachment A (resolution determining that the proposed public art satisfies the requirements of the IZO), with amendments. Amendments included: 1) add a condition that the Maintenance. Plan be resubmitted with the information requested by Member Geiss- Mooney, 2) add a finding that the proposed public art is not in violation of the intent of the IZO because of significant, unobstructed viewing opportunities of the art, as well as the long hours available for public access and viewing of the art, which is not common of private developments, and 3) add a condition stating that no long -term signage, as defined by the IZO, obstruct the view of the artwork. The motion was seconded by Member Booker Knight. Aye, McDonnell, Booker Knight, and Geiss- Mooney. No, Marks, Peterson, Hess. Tie vote, no action. Member Petersen motioned to approve Attachment B (resolution determining that the proposed public art does not comply with the requirements of the IZO), with amendments. Amendments included: 1) add the following language to the end of finding 1 - "..., due to an incomplete project description, and examples that did not illustrate the project description. ", 2) change the language in finding 2 referring to "sun exposure" to read "light exposure ", 3) remove the words "...may not feel Page 3 1'3 welcoming to the general public to view the artwork..." in finding 3, and insert in its place "...is the interior space of the private business, for viewing by Hansel Toyota customers... ", and 4) add a finding that the proposed public art should have been considered earlier in the process and permanently designed as part of the project site, as required by the IZO. The motion was seconded by Chair Marks, Aye, Hess, Marks, and Petersen. No, McDonnell, Geiss- Mooney, Booker Knight. Tie vote, no action. B. Review Water Street RFQ Submissions The Committee moved this item to the next meeting. Committee Members had asked staff to email all RFQ applicants advising them of whether or not they passed the initial screening. 7. NEW BUSINESS A. N/A 8. COMMITTEE COMMENT A. N/A 9. STAFF COMMENT A. N/A 10. ADJOURN - 8:23 P.M. Next Meeting of the Public Art Committee scheduled for Thursday, April 23, 2015. Page 4 -7-4 ATTACHMENT 8 DATE: March 19, 2015 TO: Petaluma Public Art Committee FROM: Jacqueline Vance, Assistant Planner SUBJECT: Toyota Dealership Expansion and Remodel Public Art in Private Development RECOMMENDATION It is recommended that the Petaluma Public Art Committee approve a resolution verifying that the proposed public art for the Toyota Dealership Expansion and Remodel Project satisfies the requirements of Section 18.120 of the Implementing Zoning Ordinance. BACKGROUND Public Art in Private Development Chapter 18 of the Implementing Zoning Ordinance (IZO) authorizes the establishment of procedures and standards for integration of public art into private development. The ordinance requires new non - residential development with a total construction cost of greater than $500,000 to install public artwork on -site or pay an in lieu fee equal to 1% of the total construction costs. It is the developer's choice to either integrate public artwork into the project or pay the in lieu fee which is then placed in the Public Art Fund. If a developer chooses to integrate public art onsite the cost of acquisition and installation of the art work, must not be less than 1% of the total construction costs of the project. If the cost of the artwork is less than the defined 1% then the difference shall be paid as an in lieu fee. Public artwork as defined in Chapter 18 of the IZO is: "Works of art are to be enduring original artworks. They should be of the highest quality and craftsmanship. They should engage one's mind and senses while enhancing and enriching the quality of life of the City. The artworks will be generally sited and an integral part of the landscaping and/or architecture of the building, considering the historical, geographical, and social /cultural context of the site. The 0 artworks shall be constructed in a scale that is proportional to the scale of the development. " (Section 18.030(Q) Public artwork is not limited in type or material and can include sculpture, murals, photography, and original works of graphic art, water features, neon, glass, or mosaics. It can include furnishing or fixtures (e.g. gates, walls, railings, street lights, and seating) permanently affixed to the building or its grounds, and may include architectural features of the building. Compliance with the provisions of Chapter 18 must be demonstrated by the developer /owner at the time a building permit application is submitted. Prior to issuance of the building permit the Petaluma Public Art Committee must verify that the proposed artwork musts meet the following requirements: 1. The art shall be designed and constructed by an artist; 2. The art work shall be related in terms of scale, material, form, and content to immediate and adjacent buildings and architecture, landscaping or other setting so to complement the site and its surroundings, and shall be consistent with any corresponding action of the Planning Commission or City Council as it may relate to any development entitlements for the private construction project; 3. The art shall demonstrate excellence in craftsmanship, originality in conception and integrity of materials; 4. Permanent art work shall be a fixed asset to the property; 5. The art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts, as evidenced by a maintenance plan submitted with the public art proposal; 6. The art work shall be maintained by the property owner in a manner acceptable to the City; 7. The art work meets all applicable building code requirements; and 8. The art must be accompanied by an identifying plaque that features the artist's name, artwork title and date of completion, made of a durable material, and be installed permanently near the art. Toyota Dealership Expansion and Remodel Project The Toyota Expansion and Remodel Project was approved at a public hearing of the Planning Commission on July 22, 2014 to enlarge the showroom, add office space, and upgrade the exterior of the dealership. The project is currently under construction and is estimated to be completed in April. 2 1 DISCUSSION Proposed Public Art The applicant is proposing to install a triptych (3 mixed media paintings) on a 12 -foot high by 18 -foot wide wall located within the waiting area /lobby. The artwork would be visible from both inside the lobby and from outside the building at the front of the site's entrance, as shown in Attachment C. Each panel /painting will be 54- inches wide by 68- inches high, and fill up the majority of the wall space above the waiting area chairs. The subject of the artwork will be Sonoma County history, starting in the 1800s and moving through the 1900s and beyond to create a progression of time from left to right along the wall. More specifically the most left panel will represent the 1800s, the center panel will represent the 1900s, and the third representing a futuristic Sonoma County. The artwork is considered to be abstract, and will be created using materials such as bronze sheeting, pumice, acrylic paint, glues, and polyurethane. These pieces are considered to be durable and easily maintainable by the owner. A plaque will be installed below the permanent artwork with the artist's name, artwork title, and date of completion. The project Artist, Chris Henry, has more than ten years of experience and focuses primarily on abstract paintings. Mr. Henry's resume is provided in Attachment D. Location of Public Art Section 18.100.4 outlines locational criteria for all public art in private development and requires that public art be located in a publicly accessible area within the project that is open to the public on a daily basis for a minimum of 10 hours each day. The proposed artwork will be located in the showroom lobby visible through a large expanse of windows facing the front of the dealership. The addition of lighting and the contrast of the artwork on a darkly painted wall will highlight the panels and allow visibility both at night and during the day from outside of the building. Additionally, the dealership is open during the following approximate business hours and will allow patrons to view the art from inside the lobby space: Monday — Friday from 8:30am to 8:OOpm, Saturdays from 8:30am to 7:OOpm, and Sundays from 10:00am to 6:OOpm. Although the installation of sculpture art was considered by the owner as part of this project, the limited sidewalk and on- street parking surrounding the site deemed limited options for a larger piece outside of the building. Therefore, the owner is offering the use of interior space to satisfy the public art requirement. Although the interior location of the proposed public art is different than other proposals that the committee has considered, it provides the opportunity to use a different style and media while providing quality art work in a visible location within the development. 3 8'3 Public Art Criteria The following outlines staff analysis for each of the eight criteria included in Section 18.120: 1. Chris Henry, the project artist, is a practicing professional artist skilled in the design and creative production of abstract paintings. His qualifications are evidenced through a record of exhibitions such as the Terra Firma Gallery, publications in the Press Democrat and California Home & Design, and numerous private collections throughout the United States and Internationally; 2. The proposed artwork relates to the surrounding buildings and architecture in that it will fill up the majority of the wall in the showroom lobby, and will be visible from the front of the project site. The art will bring interest and variety to the lobby area, and provide a central focus to the room. The proposed at uses materials and content that also relate to the surrounding setting, as the materials are durable and the content is focused on local Sonoma County history; The proposed artwork demonstrates excellence in craftsmanship, originality in conception and integrity of materials in that it will be created by an artist with experience in similar work, and is an original piece of art that will not duplicate existing public art installations within the City of Petaluma; 4. The art work will be permanently installed within the waiting area/lobby; 5. The proposed art is constructed of durable materials, and will be installed in an indoor environment protected from the elements to ensure minimal maintenance is adequate to preserve the longterm integrity and enjoyment of the art; 6. The artwork shall be maintained by Hansel Toyota in a manner acceptable to the City of Petaluma; 7. Based on the type of artwork proposed, there is no requirement for a building permit to install these paintings /panels on the wall; and 8. The artwork shall be accompanied by an identifying plaque featuring the artist's name, artwork title, and date of completion. The plaques shall be installed on the wall adjacent to the art panels. 0 FINANCIAL IMPACTS Based on the total construction cost of $2,550,000, the applicant must satisfy $25,500 toward public art. The contract with the project artist indicates that the creation and installation of the artwork satisfies the I% requirement. ATTACHMENTS Attachment A. Draft PPAC Resolution Attachment B. Public Art Narrative (provided by applicant) Attachment C. Public Art Submittal Plan (provided by applicant) Attachment D. Artist Resume (Chris Henry) am• ATTACHMENT 9 �A U CITY OF PETALUMA, CALIFORNIA R. REGULAR MEETING OF THE PUBLIC ART COMMITTEE a Petaluma Arts Center 210 Lakeville Street Petaluma, CA 94952 FINAL MINUTES ( hursda , March 26, 20151, �;:0dHPI.M. 1. CALL TO ORDER - 7:08 P.M. 2. ROLL CALL - 7:08 P.M. Present: Karen Petersen, Margaret Geiss- Mooney, Scott Hess, Kevin McDonnell Absent /Excused: Alison Marks, Annee Booker Knight, Caroline Hall Committee Member Karen Petersen acted as chair for the meeting. 3. PUBLIC COMMENT Public Comment Opened - 7:09 P.M. There was no public comment. 4. PRESENTATION A. N/A 5. APPROVAL OF MINUTES A. (Approval of Minutes of Regular Public Art Committee Meetings of Thursday, February 26, 2015. Motion to approve the minutes of Thursday, February 26, 2015 was made by Committee Member Scott Hess and seconded by Committee Member Kevin McDonnell. Aye: Members Geiss- Mooney and Petersen. 6. OLD BUSINESS A. ' N/A 7. NEW BUSINESS IA. Toyota Dealership, 1125 Auto Mall Drive. Proposed public art as part of the Toyota Dealership Expansion and Remodeled Project - Jaqueline Vance. Jaqueline Vance gave the staff report. She clarified that the public art proposed equals I% of the total construction cost as required by Chapter 18 of the Implementing Zoning Ordinance (IZO). She also stated that the building interior location of the art meets the locational criteria of IZO Section 18.100.4. As noted q-'1 by that section, public art can be located in a publically accessible area within the project that is open to the public in a daily basis for a minimum of 10 hours per day. Shawn Montoya, principal and founder of Montoya and Associates Architects and Hansel Toyota project architect and representative, and Chris Henry, project artist, introduced themselves. Mr. Henry presented the concept for the artwork. He proposes to install a triptych (3 mixed media paintings) on a 12 -foot high by 18 -foot wide wall located within the waiting area /lobby of the dealership. The artwork would be visible from both inside the lobby and from outside the building at the front of the site's entrance. Each panel /painting will be 54- inches wide by 68- inches high, and fill up the majority of the wall space above the waiting area chairs. The subject of the artwork will be Sonoma County history, starting in the 1800s and moving through the 1900s and beyond to create a progression of time from left to right along the wall. The left panel will represent the 1800s, the center panel will represent the 1900s, and the third representing a futuristic Sonoma County. The artwork is considered to be abstract, and will be created using materials such as bronze sheeting, pumice, acrylic paint, glues, and polyurethane. A plaque will be installed below the permanent artwork with the artist's name, artwork title, and date of completion. Mr. Montoya described how he chose Mr. Henry as the artist for the project. Mr. Henry stated that he has more than ten years of experience and focuses primarily on abstract paintings. Rough sketches of the artwork were passed around and photographs of Mr. Henry's other artwork were distributed to members of the Committee. Mr. Montoya noted that the proposed artwork will be located in the showroom lobby visible through a set of windows facing the front of the dealership. As noted in the staff report, the triptych will be professionally lit. The artwork will be set against a darkly painted wall to aid in visibility both at night and during the day from outside of the building. Patrons will be able to view the art from inside the lobby space: Monday - Friday from 8:30am to 8:00pm, Saturdays from 8:30am to 7:00pm, and Sundays from 10:00am to 6:00pm. There were general questions from the Committee as to why an interior location was chosen for the public art requirement. Mr. Montoya indicated that sculpture space was limited on the sidewalk and in the parking lot. Committee members noted that a mural or mosaic along the exterior wall of the dealership showroom would have been an alternate and visible location for public art. Committee member Geiss- Mooney asked several questions to Mr. Henry regarding materials to be used on the paintings. Mr. Henry stated he uses a multi - layer process that uses sand to create depth. He outlined that the materials to be used would be bronze sheeting, pumice, acrylic paint, glues, and polyurethane. Ms. Geiss- Mooney asked how the wood panels would affix to the wall. Mr. Henry indicated that cleats would be used. Ms. Geiss- Mooney expressed concern as to the durability of the panels proposed in regard to surface debri and dust, public interaction and southern exposure - raking light. She expressed concern about the provisions for ongoing maintenance outside of routine cleaning. It was noted that a maintenance agreement would be prepared. Member Hess stated that it was hard to understand the concept of the artwork and possible maintenance issues as there was nothing concrete (color renderings, materials samples etc.)to see. Mr. Henry indicated that his art Page 2 9 12 evolves as he works on it, as he is an abstract 'artist, so it is difficult to provide a representation of the final product. Member Hess stated that he had strong concerns about the location of the interior art fulfilling the requirements for a public art installation and felt the location of this piece would set a bad precedent. Staff Vance stated the Planning Department carefully reviewed the proposal and the IZO. She stated that though the interior location of the proposed public art is different than other proposals that the Committee has considered, it provides the opportunity to use a different style and media while providing quality art work in a visible location within the development and therefore fulfills the locational requirements of the IZO. Staff Elizabeth Jonckheer tried to summarize the Committee comments up to that point and suggested that the Committee could review the project against the eight findings /criteria included in IZO Section 18.120. Member Petersen discussed the figurative focus of the artwork and wondered about utilizing an abstract artist. She asked Mr. Montoya how he selected Mr. Henry. Mr. Montoya stated that it was important to select a local artist, an artist from Sonoma. Mr. Henry's art was designed specifically for the wall and to provide abstract interpretations of Sonoma County history. Mr. Montoya indicated that the Hansel Toyota site did not lend itself to outdoor artwork. He stated that Mr. Henry's triptych would be a great addition to the inventory of public art in the City. Member Hess reiterated that the location of the artwork lends itself to internal consumption. He stated that the proposed art does not ring true with the spirit of the public art ordinance. Committee member McDonnell agreed in theory and suggested that additional lighting and a panel or plaque could be added underneath the artwork to alert patrons of the dealership that the project represented a public art piece as required by the IZO. He also expressed concern as to the themes of the panels - specifically the last panel (Flamingo Hotel etc.) There was then general discussion between staff, Mr. Henry, Mr. Montoya and the Committee as to the interior location proposed for the artwork and compliance with IZO requirements. Member Petersen stated that the location of the artwork would set a precedence that she was not happy with and Member Geiss- Mooney again expressed her concerns about the durability of the panels. Mr. Montoya noted that he felt the location of the artwork complied with IZO and stated that he and the Committee might continue to disagree on this point. The Committee then reviewed the project against the eight findings /criteria included in IZO Section 18.120. The Committee called out findings 3 (excellence in craftsmanship, originality in conception and integrity of materials) and 5 (the art shall only require minimal maintenance for preserving the long -term integrity and enjoyment of the arts, as evidenced by a maintenance plan submitted with the public art proposal) as areas where the Committee had concerns. Specific issues dealt with the abstract art concept, the theme of the artwork (specifically the last panel) and lack of visual representation of the proposed piece. Committee members clarified that they needed more information on the artist's body of work. Member Geiss- Mooney restated that she had several detailed concerns about the durability and maintenance of the artwork and proposed materials and the potential contact with the public and exposure to light. The Committee asked staff options for a motion. Staff Jonckheer noted that the Committee could make a motion to approve the project per the resolution Page 3 provided, make a motion to deny the project or make a motion to continue the item to another meeting. Ms. Jonckheer read the provisions in the Enabling Legislation for the Committee that state that "all actions or recommendations of the Committee shall be made by a majority vote of the members present. A tie vote shall constitute no action on the motion, proposed action or recommendation." Member Hess made a motion, seconded by Member Geiss- Mooney to move to continue the item to the next meeting on April 9th to allow for a greater majority of the members to comment and vote on the proposal. The motion called out IZO Section 18.120 findings 3 and 5 as noted above. Aye: Member Petersen. No: Member McDonnell. The Committee gave the applicant direction to bring more information to the next meeting. 8. ADJOURN - 8:26 P.M. Next Meeting of the Public Art Committee scheduled for a special meeting on April 9, 2015. Page 4 ATTACHMENT 10 Chris R.Inry Fine Art 2,06,15 Petaluma Puhlie Art Commis' �, Narrative Desc.,- -ih ^ton of artwork and Installation Iocation for the new Hansel Toyota dealership on II25 Auto Center Drive, P� Mhrnm, CA. For this project I wl;l be creating a triptych (3 mixed media paintings) to be installed on a 18 ft.W x 12 ft.H wall adjacent to the waiting area /lobby of the new Hansel- Toyota dealership, Each panel /painting will be 54 "W x 68 "H. Located underneath the work will be chairs against the wall as part of the waiting area. The work will take up much of the wall space, and be visible inside the lobby, and will also be seen from the exterior through large glass windows. The subject matter will be about Sonoma County History, Starting in the 1800's moving through the 1900's and into the future, The style of my work is abstract, as I am informed by the abstract expressionist movement. In this style I will be interpreting events using the history of Sonoma County. The work will create a progression from left to right, The first panel on the left will represent the 1800's and as one moves to the right, the next panel you will see will be about the 1900's, with the thud panel being futuristic. For materials I will be using mixed media on wood braced panels. Some of the materials included are bronze sheeting, pumice, acrylic ;paint, glues, and polyurethane. My works are very durable and hold tip much better than works on canvas, The works will r,� created over the next 8 weeks with a delivery date scheduled for April I".. About me, I have bwe,i a professional artist for over 10 years, showing and selling my work through galleries and through my connections to the public. I have done numerous commissions, and have numerous collectors through out the U.S. and abroad. Sincerely, Chris Henry (Artist) Chris Henry Fir.,: Ai Studio Address: 24 lentil Street, Suite E, Santa Rosa, CA 95401 t 707 -478 -8150 email: cherry @soriic.net web: www,cluishcmyfineart,com lo'� Public Art Narrative Hansel Toyota 1125 Auto Mall Drive Petaluma, California The public art that is proposed is a three panel mixed media paintings by Chris Henry. Mr. Henry is an accomplished local artist (see artist statement and resume) who is inspired by the Abstract Impressionist Movement. The paintings will be permanently installed on the interior wall (18' long by 12' high) of the Hansel Toyota showroom (see artist's narrative for additional information). The art will be accompanied by a plaque with the artist's name, artwork title, and date of completion. Mr. Henry's art is very durable and will easily be maintained by the owner. The majority of the public art in the City of Petaluma is sculpture. Due to the limited amount of sidewalk and on street parking surrounding this site, a sculpture accessible from the street did not seem like a good fit. Due to these site constraints and the willingness of the owner to use interior space for public art, the decision to have the art inside the building was selected. Because the art will be protected from the elements, it allowed for different styles and media to be considered. Several styles of art and artists were considered before Mr. Henry was selected. To enhance the variety of art for the public to enjoy, the decision was made to have a painting commissioned. The specific interior location was chosen to allow the easiest access to the art. The public can safely park in the customer parking lot and enter the building through the main entrance where the art will be very visible. The showroom will be open to the public daily (Monday through Sunday) for a minimum of 10 hours each day. The specific location is in the "quiet" lounge which is in close proximity to the main entrance and can also be viewed from the exterior by customers who enter the service bay. The "quiet" lounge is open to the lobby to the south, has full height glass walls for viewing from the exterior to the north and east, with the west wall painted a dark color to highlight the art. The "quiet" lounge will be furnished with furniture and accessories that will give the feeling of a hotel lobby with upholstered furniture, carpet flooring, and lighting designed to feature the art. The fixtures selected not only feature the art, but are easily controllable to allow the art to be featured during the evening and after hours. (0+�, ATTACHMENT 12 CHRIS HENRY FINE ART Artist Statement www.chrishenryfineart.com My paintings tell a store; they are mysterious and kinetic; they challenge you. They somehow discover where you are in your life and.where you are going next. They are as diverse as the people who own them. My clients trust me to make art that is fresh and original. I began when I was ten, with cartoon murals on my bedroom walls. As soon as I finished art school I left the East Coast and drove West, looking for a different life. I landed in San Francisco. I spent much of my youth as a seeker, until I realized that my search was not external; I found I was searching for something within. Realizing that, language began to have everything to do with how I saw the world. Paint is a form of language. I speak beauty, peace and transcendence. It is my way of sharing. I paint as an-exploration and as an inquiry into life and into myself. The Abstract Expressionist Movement is my key inspiration. It gives me spontaneity and freedom. When I begin a new work, I have a vague idea of where to go. I ask my self. "What is the story here? What textural elements want to be added? What colors will be dominant? What shapes and lines will be present ?" The work informs me where I must go. Sometimes I scribble thoughts into the painting. As I work, who I am in each moment is revealed and communicated. I build up paint on the surface and then sometimes remove much of it, as something beautiful and mysterious is revealed. Some of the various materials I may use when creating a new painting, Pumice, glues, muslin, metal, acrylics, house paint, oil, oil sticks, joint compound, varathane and glass www.chrishenryfineart.com Resume Chris Henry 1413 Berwick Ct. Santa Rosa, CA 95403 t 707 - 478 -8150 email: chenryOsonic.net web: www.chrishenryfineart.com Education Art Institute of Pittsburgh; PA - 1981 Exhibitions Open Studio, Santa Rosa, CA 2004 Pomegranate Salon, Santa Rosa, CA 2004 Sryah Restaurant- Santa Rosa, CA 2005 Kendall Jackson Tomato Festival , Santa Rosa, CA 2005 Anderson Miguel Fine Art Gallery, Healdsburg, CA 2006 Elle Lui Salon, Santa Rosa, CA 2006 Aurora Colors Gallery, Petaluma, CA 2006 Art at the Source open studio's, West Sonoma County 2006 Viansa Winery, Sonoma, CA 2007 Artisans Gallery, San Rafael, CA 2007 Ralph Hays - San Francisco, CA 2003 -2009 Thumbprint Cellars, Healdsburg, CA 2007 Aurora Colors Gallery, Petaluma, CA 2008 Ethos Gallery, Truckee, CA 2008 Palette Art Gallery, Healdsburg, CA 2008 -2009 Artrails Open Studio's, Sonoma County, CA 2005 thru 2013 Spirits in Stone, Sausalito, CA 2008 - 2009 Berkeley, CA 2008 - 2009 Terra Firma Gallery, Sonoma, CA 2008 to present Publications Press Democrat, Northern CA 2002 California Home and Design 2003 California Home & Design 2003 Abode Magazine, Sonoma County, CA 2005 Collections Spaulding, McCullough & Tansil Santa Rosa, CA Pomegranate Salon, Santa Rosa, CA CA Allen Landscaping, Sonoma County, CA Lateef,Nianpgement'Assoc. Larkspur, CA Numera,us private collections thru out the U.S, and Internationally 1 2- °2_ ATTACHMENT 13 Hansel Toyota Public Art Budget Artist Fee $20,000.00 Art Consultant fee $4,000.00 Installation fee $1,500.00 TOTAL FEE $25,0.00 (3 -I ATTACHMENT 14 Art Commission Contract This agreement is made by mud between: (Artist) Chris Henry 1413 Berwick Ct. Santa Rosa, CA 95403 (707) 478 -8150 and (Collector) Henry Hansel Hansel Automotive Group 1125 Auto Center Petaluma, CA 94952 p.(707) 769 -2305 L (707) 769 -2368 The parties agree as follows: 1. The Project: The Collector is commissioning the artist to create a set of 3(triptych) 2 -d mixed media paintings for the new Hansel- Toyota showroom in Petaluma. Subject matter is abstract, based on Sonoma County history provided by the Collector and interpreted by the Artist. The Artist and Collector have agreed to final dimensions for the artwork- a.-The parties have agreed to 3 pieces of artwork, each with the finished dimensions: 54 "W x 68 "H; unframed. Total dimensions equal 3,672 square inches. b. Color scheme will be decided by the artist. Samples of showroom colors have been provided for he artist. c. The parties have agreed to a delivery date approximately 8 weeks at April I" 2. Creative Decisions: The Artist will consult with the collector about images that may be incorporated into the work. The Artist will make reasonable efforts to inform and consult with the Collector regarding major changes he deems necessary in the works' constriction or design. The Artist will make all final decisions regarding the aesthetics of the composition(s). 3. Right of Refusal: It is the intent of this contract that the Artist will create artwork for the Collector that the Collector will purchase. However, if, after the work is completed, the Collector does not wish to purchase any or all of the work., the Collector may refuse, on an individual basis, each created artwork. In that case, the Artist will retain the refused artwork and the nonrefundable deposits, free of any claims or interests of the Collector and the Collector will owe no additional fees to the Artist. 4. Copyright: the Artist reserves the common -law copyright to all works commissioned by the Collector that are created by the Artist, including all reproduction rights and the n ht to claim statutory copyright. � 1f &e7 5. Payment Terms- Cost of artwork is calculated at $ .u'1 per square inch, using the agreed upon finished dimensions (width x height) and is consistent with other comparable works by Artist at the time of sale. The final dimensions may be negotiated only until production begins on the artwork. 6. Payment Schedule: FeelSeiflng price for the artwork will be calculated as specified above. Payments are required according to the following schedule: a. A non — refundable 50% deposit is due prior to artist beginning work. b. Payment in full: the remaining 50 %of the selling price ($10,000.00) is due upon receipt of the finished artwork. 7. Delivery: All artwork will be complete and delivered on or before April 1st or 8 weeks following receipt of the non - refundable Materials fee which constitutes an agreement on the general design. The artist will not be held responsible for installation of artwork. Fee /Selling Price a. Total finished dimensions = 3,672 sq inches b. $1.67/sq in x 3,672 sq in. c. Cost of each Artwork: before sales tax = $6,130.50 d. Cost of all three works of art = $18,39 1.00 e. Total cost including 8.75% sales tax = $20,000.00 50% Non - refundable deposit due: $10,000.00 Pg. I of 2 In signing this document, the artist acknowledges that the artist will complete the work as specified and deliver the work. to the collector by the agreed date. Ins boning this document, the collector acknowledges that the collector will pay the Peel Selling price as described above and will take ownership of the artwork on the agreed date. Artist Collector Signature: Signature: Date: Date: IN NVITNF —SS WHEREOF the parties hereto have executed this Agreement on the day and year written above. Pg. 2 of 2 14-2 ATTACHMENT 16 0 MONTOYA AND ASSOCIATES Hansel Toyota 1125 Auto Center Drive Petaluma, California Public Art Maintenance Program As with all art, preventive care is the best defense. Preservation plans for art should always include a schedule of regular maintenance. our maintenance plan will include annual inspections and documentation of condition, as well as any minor conservation that might be required. Documentation will include a loose leaf binder with maintenance logs, and notes about any changes to the color, material, or repairs that might have been required. Minor touch -ups can keep a piece of art looking its best and annual inspections can catch small problems before they become big ones. Part of the maintenance program will be to insure that the room that the art is placed maintains a consistent temperature. The lighting that will be highlighting the art will be light emitting diode (LED) which are less harmful than other types of lighting. The art will be kept clean by a weekly cleaning by a professional cleaner who will be trained how to properly clean the art. No harsh chemical will be used and all cleaning materials will be approved by the artist prior to the first cleaning. Any changes to the cleaning program will be approved by the artist prior to being implemented. fflo MI ATTACHMENT 17 Vance, Jacqueline From: Hines, Heather Sent: Tuesday, June 30, 2015 8:12 AM To: Vance, Jacqueline Subject: Hansel Public Art - Day (3) and Night (3) From: Scott Hess [Scott @ScottHessPhoto.com] Sent: Thursday, May 14, 2015 10:35 AM To: Hines, Heather; Dave Glass2 Subject: Fwd: Hansel Public Art - Day (3) and Night (3) Dear Mayor Glass and Heather, I would like to submit for the public record, these 6 photos of Hansel's new "public art" (valued at $25,000!) used to satisfy their public art requirement. As you know the public art committee, of which I am a member, was rushed into a special meeting to vote on this, sight unseen, while the painting was 90% complete. The reason the vote came late in the game was the last minute decision by Hansel to commission their own art rather than contribute to the general Public Art Fund. The committee split 3 -3 on letting them go ahead with this and it is now being sent to council on appeal. I am writing as an individual not as a representative of the committee. In my opinion this is simply private office decor with insignificant visibility or value to the public other than those customers are directly doing business with Hansel using their waiting room/lobby. If this is allowed to stand I fear it would make a joke of the Public Art ordinance and set a terrible precedent for future projects. The intent of the ordinance is to bring high quality art into Petaluma's PUBLIC space. If we start using public money to decorate the interiors of private office buildings the public will quickly disown the public art program - and for good reason. My best hope is to see this sent back to the Public Art Committee for a full roster vote with full knowledge of the project which was not possible at the last meeting. Thanks so much for your consideration. Scott Scott Hess Photography 707 - 765 -0580 office 707 - 776 -7023 mobile http: / /www.ScottHessPhoto.com �i