MINUTES CITY OF OJAI ARTS COMMISSION MARCH 17, 2016 Chair Michael Addison called the regular meeting of the Arts Commission to order on Thursday, March 17, 2016 at 6:32 p.m. in the Council Chambers of Ojai City Hall, 401 S. Ventura St., Ojai, California. 1. ROLL CALL On the call of the roll the following Commission Members reported present: Michael Addison, Bobbi Balderman, Roger Conrad, Christine Golden, Linda Harmon, and Mark Lewis, Heather Stobo. Absent: None. Also present: Staff Liaison Steve McClary and City Council Liaison Mayor pro tern Weirick. PLEDGE OF ALLEGIANCE - Commissioner Golden 2.
PUBLIC COMMENT
3.
APPROVAL OF MINUTES
A.
Minutes of the regular meeting of the Ojai Arts Commission held February 18, 2016.
Commissioner Golden said she had several changes and asked for the minutes to be tabled until the next meeting. MOTION: It was moved by Commissioner Golden, seconded by Commissioner Balderman to table the minutes until the next meeting. By unanimous vote the Commission approved the motion. 4.
DISCUSSION & ACTION ITEMS
A. Request for Public Art Waiver for 602 East Oak Street (Mountain Vista Manor) Commissioner Golden asked to table this item until next month. She commented there has not been time to hold a meeting with the developer to explain the process. Mayor pro tern Weirick said upon reviewing the packet material and knowing the Art Commission, he thought there might be a need for more information. Upon coming to that perception he said the Commission might consider holding a special meeting to be sensitive to the timing of the project. Ben Turner, Project Manager, said a delay will cause financial hardships.
Arts Commission Minutes
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Chair Addison asked if a special meeting is scheduled in a week would that still create hardships. Mr. Turner said yes. He has excavations scheduled in a few days. Interim City Manager Steve McClary said if the applicant seeks the waiver it does not hold up the issuance of a building permit. He said the applicant will need to make the in-lieu payment before the occupancy certificate is issued. Commissioner Golden said according to the art ordinance a building permit cannot be issued until the art ordinance procedures are completed, unless a waiver is granted. She said the developer has to wait and see if the waiver is approved by the City Council. The Art Commission can only recommend the waiver be approved. She understood the next City Council meeting that this item could be scheduled is April 12. She offered to meet with the developer immediately to explain the process. She did not want to delay the project, noting that the item wouldn't even be before the City Council for approval until April 12 and therefore would not cause a delay because the Arts Commission could meet call a special meeting as Mr. Weirick had suggested. Vice Chair Harmon said if the project owner has chosen the waiver path, then it should be allowed. She didn't feel the Public Art Committee needed to meet with the developer to explain the Public Art process because the developer was given a handbook. Commissioner Golden said the handbook cannot take the place of a meeting with the developer to answer questions. Chair Addison said the developer has requested a waiver to allow payment of an inlieu fee to the City's Public Art Fund. He said the Commissions' duty this evening is whether to recommend to the City Council approval or not. Commissioner Stobo said the developer has requested to pay an in-lieu fee instead of installing public art. She said either way the developer is meeting the requirement. She did not think it was up to the Commission to question what the developer wanted to do. Commission Conrad felt Commissioner Golden was bringing up a procedural issue. He did not feel the applicant wanted any more delays. Mr. Turner said the applicant has no preference in purchasing a public art piece; 2) a delay will be financially significant; and 3) the Planning Commission, nor staff, did not notify anyone about this requirement for the two years this project has been in the works. Commissioner Golden asked when he first applied.
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Commissioner Balderman thought there was criteria they needed to meet in order to qualify for the waiver. What criteria do they fall under? Commissioner Harmon clarified the exemption criteria Balderman was referring to in the Ordinance was in reference to projects that do not qualify for public art. This applicant is applying for a waiver to deposit funds in lieu of doing public art piece — a different matter. Interim City Manager Steve McClary said there is no waiver criteria list in the Ordinance. The ordinance states the waiver has to be approved by the City Council. MOTION: It was moved by Commissioner Golden, seconded by Commissioner Lewis to table this item until more information can be gathered. On roll call the vote was: AYES: Golden NOES: Addison, Balderman, Conrad, Lewis, Harmon, Stobo ABSENT: None ABSTAIN: None Commissioner Golden said again the Commission does not need to make a decision tonight. She would still like to meet with the applicant and then have a special meeting of the Arts Commission to discuss the appropriateness of the waiver application. Commission Stobo said the developer has indicated they do not wish to do a public art piece. She said the Commission should not expect developers to be public art experts and that it is not up to the Commission to educate the developer. MOTION: It was moved by Vice Chair Harmon, seconded by Commissioner Balderman to make a recommendation to City Council to grant a waiver to allow payment of an in-lieu fee to the City's Public Art Fund. On roll call the vote was: AYES: Addison, Balderman, Conrad, Lewis, Harmon, Stobo NOES: Golden ABSENT: None ABSTAIN: None B. Request for Public Art Waiver for 409 Fox Street, Building Permit No. 15-488 Interim City Manager Steve McClary said staff came back with the same calculation because they do not believe the solar panels are part of the building/carports. Chair Addison asked who makes the final determination from stating the solar panels are not part of the carports. Staff said the City Council. Mayor pro tern Weirick said the carports were built to hold the cells and would be part of the building. Staff's understanding is the solar panels are not part of the building.
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The Commissioners asked the following questions — is air conditioning/heating unit part of the building? What is considered part of the building and included in the calculations and what is not. Commissioner Lewis thought the solar panels would be part of the building. Commissioner Conrad said if the solar panels are removed there would be no roof. He felt the solar panels are part of the carport/building. Commissioner Golden said the solar panels are part of the building. She felt the number should be recalculated. She said the Commission needs to be cautious. She said the Community Development Department stated in its report that green components would not be considered in the calculations for public art on future projects as well, without any input from the Art Commission. Vice Chair Harmon thought the idea is to include green components unless indicated otherwise. Chair Addison said the art ordinance is to promote public art in Ojai, either the developer to pursue or contribute money for the experts to pick the art. MOTION: It was moved by Commissioner Golden, seconded Commissioner Conrad to table this item until the amount is recalculated which includes the green components. On roll call the vote was: Conrad, Golden, Lewis AYES: Addison, Balderman, Harmon, Stobo NOES: ABSENT: None ABSTAIN: None MOTION: It was moved by Vice Chair Harmon, seconded by Commissioner Balderman, recommending to the City Council to grant a waiver to allow payment of an inlieu fee based upon a determination by staff that includes the solar panel equipment. Addison, Balderman, Harmon, Lewis, Stobo AYES: Conrad, Golden NOES: ABSENT: None ABSTAIN: None Vice Chair Harmon understand Commissioner Golden may think the process is not being followed the way it should be followed. She suggested this be placed on a future agenda. Commissioner Golden said she had met with the former City Manager who indicated staff and the CDD would work with the Public Art Chair on improving the process of notifying developers.
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Mayor pro tern Weirick said the direction of the former City Manager is no longer valid. Interim City Manager Steve McClary acknowledged the hard work of the Public Arts Chair. He said staff is working on clarifying the process and ensuring developers know about the requirements at the beginning of the process. He confirmed what the Commission would like forwarded to the City Council regarding the calculation and that the calculation should include the green components. Chair Addison felt both paths were valuable. He didn't think one choice was more important than the other choice. Either way the city is getting public art provided. Commissioner Golden commented that this position was not in keeping with the Ordinance the way it is written. Commissioner Golden pointed out that the ordinance states that developers must do public art. Applying for a waiver not to do so is clearly in a subordinate position to doing the public art. C. Artist Mentor Program Committee Commissioner Stobo said the mentor's have been chosen. The committee has started contacting the schools. The application deadline is April 22, 2016. D. City Gallery Committee Commissioner Stobo said the committee is working on the next show and displaying Studio Artists. Commissioner Conrad said he is ordering the lights for the gallery. E.
Public Relations Committee
Commissioner Lewis said a press release was issued on the art grant recipients. The Committee is working on announcing student/mentors, the Libbey playground "Lizard" installation, Linda Taylor's Lifetime Achievement Award acknowledgement. F.
Arts Grants Committee — No report.
G.
Awards Committee
Lifetime Achievement Award will be given to Linda Taylor on April 12. H.
Public Art Committee i. Commissioner Golden said the Lizard and Lady Bug for the Libbey Park is almost ready. ii. Remove this from agenda iii. Remove this from agenda iv. Add alternates for the Committee to approve Public Art. Commissioner Golden is recommending Barbara Hirsch, Linda Taylor, and Gail Childress.
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Arts Commission Minutes
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v. Projects subject to public art — Interim City Manager Steve McClary said he is working with the Community Development Department in revising the format of the list. Art Acquisitions Committee I. Commissioner Harmon said she will be picking up the most recent acquisition tomorrow. ARTSOjai Education Committee J. Commission Balderman said the committee is moving forward on the book series. She said the Photo Club is going to organize the photo contest. Budget Report K. Deputy City Manager Steve McClary reported on the current budget. Staff asked the Commission to start thinking about their budget requests for next fiscal year.
5.
STAFF LIAISON REPORT
Update on Libbev Bowl Advisory Committee Libbey Bowl Council Committee met and is having conversations with Sterling Venues. Chair Addison said the Libbey Bowl Citizens Committee is in the process of soliciting two citizen applicants. Mayor pro tern Weirick said the City Council supports the reconfiguration of the grass area above the Bowl. 6.
COMMISSIONER COMMENTS — None.
7.
CITY COUNCIL LIAISON REPORT
Mayor pro tern Weirick asked if Commissioner Conrad would look at the lights in Council Chambers and make suggestions. He acknowledged the Commission for their hard work. 8.
ADJOURNMENT
The meeting adjourned at 8:13 p.m. Reviewed and approved by:
Respectfully submitted:
Amber Young,
ity Clerk
Steve McClary, Deputy City Ma ger
