HomeMy WebLinkAbout04/08/2002 B AK E'R S F IE L D
David Couch, Chair
Sue Benham
Mike Maggard
Staff: John W. Stinson
MEETING NOTICE
URBAN DEVELOPMENT COMMITTEE
of the City Council - City of Bakersfield
Monday, April 8, 2002
1:00 p.m.
City Manager's Conference Room, Suite 201
Second Floor- City Hall,1501 Truxtun Avenue, Bakersfield, CA
AGENDA
1. ROLL CALL
2. ADOPT FEBRUARY 11, 2002 AGENDA SUMMARY REPORT
3. PUBLIC STATEMENTS
4.. DEFERRED BUSINESS
A. Freeway update - Rojas
5. NEW BUSINESS
A. Discussion and Committee recommendation regarding Alternative 15
prioritization - Kern COG subcommittee - Stinson
B.Discussion and Committee recommendation regarding space needs and City
Hall expansion - Raul
C. Discussion and Committee recommendation regarding methods of incentives
for developers - Kunz
6. COMMITTEE COMMENTS
7. ADJOURNMENT
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BAKERSFIELD
~__-- ~'~ ~(~ David Couch, Chair
Alan Tandy, City ~Manager Sue Benham
Staff: John W. Stinson Mike Maggard
AGENDA SUMMARY REPORT
URBAN DEVELOPMENT COMMITTEE MEETING
Monday, February 11,2002, 1:00 p.m.
City Manager's Conference Room - City Hall
1. ROLL CALL
The .meeting was called to order at 1:05 p.m.
Present: Councilmembers David Couch, Chair; Sue Benham and Mike Maggard
2. ADOPT JANUARY 14, 2002 AGENDA SUMMARY REPORT
Adopted as submitted.
3. PUBLIC STATEMENTS
4. DEFERRED BUSINESS
A. Discussion and Committee recommendation regarding leaf blowers
Assistant City Manager John Stinson provided a status report. Staff researched the issue
of the availability of custom mufflers for leaf blowers on the market that produce less
decibels. The local vendors were not aware of any muffler product on the market other
than original equipment. Manufacturers only stock original equipment and they did not
know of any muffler product manufactured or modified to reduce noise.
Staff met with the Gardeners Association regarding time limitations for operating
equipment on weekends. They were happy with the current time restriction of 7:00 a.m.
to .6:00 p.m. for operating equipment and were not in favor of restricting operating hours
any further on weekends. The members of the Gardeners Association indicated education
of gardeners would be the most effective way of addressing the issue of nuisance-type
noise.
The Committee was provided copies of a draft flyer prepared by staff on the proper use of
leaf blowers, which could be distributed in an educational effort to make leaf-blower users
more aware of the issues when using blowers. There .is no state licensing requirement for
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, February 11,2002
Page -2-
gardeners. An educational approach was tried in the past and staff recommended making
another effort to distribute educational information to the gardeners and vendors, who sell
machines.
In response to information provided .by Mr. Rademacher at the last Committee meeting,
staff checked on the Quiet Communities Grant Program. This grant program was available
in the 70s originally for airport noise, but has not been funded for the last 15 to 20 years.
Staff met with .Mr. Rademacher and shared information.
Jack Rademacher spoke regarding residential noise and pollution from leaf blowers.
City Attorney Bart Thiltgen spoke on the current code covering residential noise,
enforcement issues and 'explained the Police Department is the responding 'agency to call
for residential noise complaints. The violation must be observed by the enforcement
officer.
COmmittee member Maggard suggested perhaps staff could meet with those in the
gardening industry to see if there is interest in perhaPs a workshop -to standardize their
rules, to educate and help gardeners become more professional.
After the Committee meeting, Committee Chair Couch will meet with staff to further
address possible solutions.
B, Discussion and Committee recommendation regarding City/County drilling
requirements
Development Services Director Jack Hardisty stated at the last Committee meeting the
Planning Commission, after several months of work, recommended a proposed oil well
ordinance for the Committee's review. The ordinance was a compilation of several
ordinances that had evolved over the years, which were scattered throughout the Municipal
Code. The ordinances were consolidated and put in a comprehensive single Section. At
the Committee's request, staff prepared a memo with the major changes outlined with a
matrix showing a comparison of the existing ordinance with the proposed changes and
also a comparison of the changes with the County's ordinance.
There was a discussion regarding drilling islands, which are zone districts for drilling of
wells in residential subdivisions. Drilling islands are negotiated at the time the subdivision
is developed for the protection of the mineral rights holders as well as the surface right
holders at a time when circumstances are changing due to the subdivision development.
This ordinance does not prOhibit the.drilling of a well. A Conditional Use Permit is required
and will be granted based on technology being imposed on it that is currently available for
mitigation of noise, vibration, traffic and signage. People planning to buy in a subdivision
would know if there is a drilling island, that an oil well could be drilled there. The Committee
also discussed setbacks and block walls.
URBAN DEVEI.:OPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, February 11, 2002
Page -3-
The Division of Oil and Gas has jurisdiction over oil well production. Also the Regional
Water Quality Control Board has jurisdiction over oil sumps or whatever might contaminate
the water table.
Staff recommended forwarding the ordinance to the Council for their endorsement and
referral to the Planning Commission to hold public hearings.
The Committee unanimously approved staff's recommendation.
C.-Discussion and Committee recommendation regarding Tree Ordinance
enforcement
Development Services Director Jack Hardisty spoke about the options discussed at the
Committee meeting in December to create an administrative system to .provide more.
protection of trees:
· Proposal to require permits to prune or remove trees over a set size with a
requirement to follow International Society of Arboriculture guidelines
· Proposal to license tree trimmers
· Proposal for noncompliance, to approach as a misdemeanor
'The current praCtice has been to give notice to correct as a first step, with an opportunity
to correct violation. Replace trees as close as reasonably possible in size, with a 48"
box being the maximum size required; replacement to be completed within 120 days.
It was discussedfocus should be on the City maintained trees and commercial, industrial
and multi-family developments where trees are required by ordinance.
Development Services staff surveyed other cities for information on their enforcement
of tree ordinances. It was found most large cities do not focus on the trees other than
in commercial developments.. Some of the cities had'strong consequences for
noncompliance of adopted ordinances-protecting very large heritage trees, historical in
nature. For example, oak trees in Visalia.
Dana Adams, Tree Foundation of Kern, spoke regarding the need for enforcement of the
tree ordinance, or the goal of 30 to 40 percent shade canopy will never be achieved.
It was discussed that prior to the new tree ordinance recently 'adopted, existing
commercial development either has a 30 percent shade canopy requirement or in the
older established commercial developments there is no requirement for trees.
John Fallgattei', Smart Growth Coalition, spoke about the importance of water elements
and trees to the community.
URBAN DEVELOPMENT COMMITTEE
AGENDA SUMMARY REPORT
Monday, February 11, 2002
Page -4-
TheCommittee was in approval of staff preparing a draft ordinance for review regarding
the licensing of tree trimmers for hire, and requested the City's Urban Forester Paul
Graham attend the Urban Development Committee meetings whenever the tree
ordinance or tree enforcement is on the agenda.
The City .Manager noted if the City were to establish qualifications, .licensing and
enforcement, the City does not have staff for enforcement, and if the City were-to
provide training, it would require forestry staff qualified to educate and a Standard to
· measure qualifications.
The City Attorney advised-that.if the'City were to certify tree trimmers as competent and
capable, if they do unqualified workand damage trees, the City may be :included in any
legal action against the tree trimmer.
Committee 'Member Benham would like staff to explore the merits of two levels:
1) Some kind of educational program and certification, short of regulatory; and
2) Permitting or licensing of tree trimmers to be able to regulate whoever is trimming
trees for hire.
Committee Member Maggard expressedthatthe Council'has just adopted an ordinance
with tree requirements for new commercial with a goal to achieve a 40 .percent shade
canopy. As the Council has adopted the tree ordinance, the City should develop a plan
to protect its shade canopy..
Committee Chair Couch requested staff to develop proposals on ways to achieve
compliance and the estimated cost for each when this comes back to the Committee.
5. COMMITTEE COMMENTS
6. ADJOURNMENT
The meeting, adjourned .at 2:45 p.m.
Attendance - staff: 'City Manager Alan Tandy; Assistant City Manager John W. Stinson; City Attorney
Bart Thiltgen; Development Services Director Jack Hardisty; Recreation and Parks Director Stun Ford;
Deputy City Attorney Ginny Gennaro; Planning Director Stan Grady; Principal Planner Jim Movius,
Planning; Fire Inspector/Petroleum Steve Underwood and .Administrative Analyst TrudY Slater.
Others: Cassie Daniel, Bakersfield Association of Realtors; Jack M. Rademacher, N.A.R.L.S.
Coalition; Brian Todd, BIA; and Lori Whitlock, Oxy.
cc: Honorable Mayor and City Councilmembers
S:~JOHN~Urban Dev2002~ud02febl lsumma~/.wpd
l APR.. 5200 I
BAKERSFIELD
MEMORANDUM
April 5, 2002
·
TO: Alan Tandy, City Manage ~
FROM: Donna Kunz, Economic Development Director
SUBJECT: Council Referral to Urban Development Committee Concerning
Development Incentives to Encourage Art and Water Elements in Public Places
Downtown.
Many cities across the nation have instituted a goal to incorporate art in public spaces.
The desired programs encourage permanent outdoor artworks that are easily accessible
to the general public and are located throughout the City. Incorporating art and water
elements into development guidelines will provide several enhancements to Bakersfield.
Art in public spaces program goals typically are structured on the following objectives:
1. Distinguishes the city as a special place to live, work, play and visit.
2. Integrates the vision of artists with the perspective of other design professionals
into pla,nning and design of urban landscape.
3. Provides every member of the community easy visual access to sculptures, water
features and other outdoor art from vehicles on major public streets.
4. Provides a means to counter-balance what many consider to be the "negative"
effects of development ( e.g. construction noise, congestion, and pollution).
5.Strengthens cultural awareness, creativity and innovative thinking in the
community.
Unfortunately, the typical development community not inclined to embrace incorporating
public art or water features into their project due to added development cost. Cities that
simply "encourage" developers to consider it have had little success. However, cities that
have pro-actively pursued the public art concept have adopted ordinances that establish
construction requirements for new development.
One such city that has had outstanding success is Brea. Brea created a public art program
in 1975 by Council resolution. It has since become a vital element of Brea's personality.
Brea currently has an outdoor gallery with over 129 sculptures for all to enjoy. Many are
incorporated into water feature designs. In Brea, the art pieces have become landmarks.
Each piece is privately owned and maintained. In many cases, the sculptures' have
increased in value as the artist has gained national and international recognition, causing
the property value for the owner to increase as well.
Brea's art program requires commercial, industrial and residential development projects
of 5 or more dwellings, with a~ total building project valuation of $1.5 million dollars or more
to select, purchase, install permanent outdoor sculpture at the development site. The art
must be accessible and visible to the general public from public streets. Brea has an
established art allocation the developer must set aside in the construction budget which
is 1% of the total building construction valuation ( excluding tenant improvements). Any
rehabilitations or remodels of $1.5 million dollars must also comply.
Brea has established a formal Art in Public Places Advisory Committee which reviews all
Art in Public Places applications. The committee includes a member of the Planning
Commission, a member of the City Cultural Arts Commission and a member, appointed by
of the City Council who has a background in art and is a resident of the city.
I have attached a copy of the Brea Art Policy. It is the nuts and bolts of a successful
program. Obviously, this Brea example could be used as a model for Bakersfield, and by
working with the local arts and development community, the budget threshold could be
established to fit Bakersfield's construction environment. I would be happy to look into this
further should the City Council like to pursue it.
IIII1~
City of Brea
Art in Public Places
Policy Manual
June 2001
Brea Civic & Cultural Center
1 Civic Center Circle
Brea, CA 92821
(714) 990-7600
www.cityofbrea.net
Community Services Department Development Services Department
Cultural Arts Division Planning Division (714) 990-7674
Art in Public Places Building and Safety (714) 990-7769
(714) 990-7735
CALIFORNIA
City of Brea
June 19, 2001
Public art gives a sense of place and uniqueness to a city. Created in 1975 by City
Council resolution, Art in Public Places, is a vital element of Brea's personality. With
sculptures at every bend in the road, Brea is literally an outdoor gallery with over 129
sculptures for all to enjoy.
Public art increases in value and increases property values. Art pieces become
landmarks. They identify and draw attention to buildings and parks. Residents, tenants,
neighbors, and customers appreciate them on a daily basis. We invite you to tour Brea
and view the many impressive works of art.
This manual gives developers step-by-step instructions through the Art in Public Places
Program. We hope your experience with Brea's Art in Public Places is positive and that
the result of our collaboration is a wonderful work of art. Please call the CUltural Arts
Division at (714) 990-7735 with any questions. We look forward to continuing
successful partnerships with developers as together we make Brea a special place to live,
work, and visit.
Sincerely,
City Council Marty Simonoff Bev Perry John Beauman Roy Moore Steve Vargas
Mayor Mayor Pro Tern Councilmember '~ Councilmember Councilmember
Civic & Cultural Center · 1 Civic Center Circle · Brea, California 92821-5732 · 714/990-7600 · FAX 714/990-2258
City of. Brea.
Art in Public Places Pohcy Manual
TABLE OF CONTENTS
I. Brea's Art in Public Places Program 'page
A. Program Goals
B. Art Requirement for Tenant Improvement ........................................................... 1
C. Funds in Trust .......................... ~ 2
D. Projects That InclUde Art Pieces ........................................................................... 2
1. Phased Developments ..................................................................................... 2
2. Parking Structures ........................................................................................... 3
E., How Building Valuations and Art Allocations Are Determined .......................... 3
F. Art Allocation Expenses .............................................. [ ........................................ 3
1. Allowable Expenses from Art Allocation ........................... ~ ........................... 3
2..Expenses Not Allowed from Art Allocation ................................................... 4
G. Artist and Artwork Selection ................................................................................ 4
1. -Artist and Artwork .......................................................................................... 4
2. Art Consultant ................................ 4
H. Value Verification ................................................................................................. 5
II. The Application Process --
A. Overview ............................................... 5
B. Application Steps .................................................................................................. 5
1. Plan Review ............................. 5
2. Artist Selection ........................ i.iiZiiiiiiJiiZiiiiiiiiiiiZiiiiZiiZiZiiZiiiiiiZiiiiiiiiiji]iiZiiiiZZiiii5
3. Preliminary Review with Staff. ....................................................................... 6
4. The Art in Public Places Advisory Committee Review .................................. 6
5. Notification and Follow-up ........................................................ 6
6. Unveiling Plans .......................................................................... iiilZiiilZiiiiiiiiiii6
C. If the Proposed Application is Not Approved .............. i ........................................ 7
1. Developer Options .......................................................................................... 7
2. The Appeal Process ......................................................................................... 7
D. The Art ,in Public Places Advisory Committee ..................................................... 7
III. Review Criteria and Requirements
A. Artist Qualifications .............................................................................. il .............. 8
1. Experience ............................................ i ........................... , ............................... 8
2. Verification of Past Works .............................................................................. 8
B. Artwork Criteria .................................................................................................... 9
1. Artistic Expression and Innovation ................................................................. 9
2. Scale and Content ......................................................................................... '..9
3. -Permanence and Materials ............................................. : .............................. 10
4. Multiple Editions .......................................................................................... 10
5. Public Liability and Safety ............................................................................ 10
6. Water Features and Fountains ...................................................................... A 1
C. Site and Installation Requirements ..................................................................... 11
1. Visibility ..... i ................................................................................................. 11
2. Signage ................................................................... : ...................................... 11
3. Lighting and Electrical .................................................................................. 12
4. Landscaping and Base ................................................................................... 12
5. Identification ................................................................................................. 12
D. Budget and Contract ........................................................................................... 12
1. Budget Breakdown ....................................................................................... 12
2. Contract of Sale ............................................................................................. 12
E. Maintenance ........................................................................................................ 13
1. Responsibilities ............................................................................................. 13
2. Maintenance Instructions .............................................................................. 13
3. Maintenance Conditions ............................................................................... 14
4. Payment of Maintenance ............................................................................... 14
IV. Property Owner RespOnsibilities
A. Art Insurance ....................................................................................................... 14
B. Damaged Artwork ............................................................................................... 14
C. Replacement of Artwork .............................................. .- ...................................... 15
' D. Removal of Artwork ........................................................................................... 15-
E. Donation of Artwork to the City ......................................................................... 15
Appendices
A. Visual Art Laws for Artists and Owners ............................................................. 17
B. Brea's Art in Public Places Advisory Committee ............................................... 20
C. Sample Budget Breakdown ................................................................................. 21
D. Sample Contract of Sale ora Work of Art .......................................................... 22
E. Advisory Committee Review Checklist ............................................................. 24
F. 'Application Checklist ......................................................................................... 25
G. Application Instructions/Submittal Requirements .............................................. 26
H. Application- Form A ......................................................................................... 28
I. Application- Form B ......................................................................................... 29
Brea's Art in Public Places Program
The goal of Brea's Art in Public' Places program.is to provide permanent, outdoor artworks that
are easily accessible to the general public throughout the City. The Art in Public Places Program
is designed to offer a wide range of artistic styles, themes, and media, all of outstanding quality.
The unique variety of artistic styles is chosen to provoke discussion and encourage comment.
Art in Public Places is dependent on public-private cooperation between the City, artists, and the
developer. All sculptures are privately owned, and are designed to enhance property values, en-
courage pride in ownership, and add value to the community.
The Brea City Council adopted the Current Art in Public Places Policy Manual by Ordinance No.
1050 on June 19, 2001. The Manual describes the program policies, guidelines and application
process. Development projects approved for construction by the City of Brea Planning
Commission are subject to the Art in Public Places Policy Guidelines in effect at the time
building permits are issued for each individual building within the development project.
I. A:rt in Public Places Program
A. Program Goals
1. Distinguish Brea as a special place to live, work, play and visit.
2. Integrate the vision of artists with the perspective of other design profes-
sionals into the planning and design of the urban landscape.
3. Provide. every member of the community easy visual access to sculptures
fi:om vehicles on major public streets.
4. Provide a means to counterbalance what many consider to be the "negative"
effects of development (e.g. construction noise, traffic, congestion, and pol-
lution).
5. Strengthen cultural awareness, creativity, and innovative thinking in the
community.
B. Art Requirement for Tenant Improvement
Compliance with Brea's Art in Public Places Program is a condition of project ap-
proval as follows:
Notwithstanding anything to the contrary, no person shall be issued a building
permit for improvements of any type or nature within the interior of a commer-
cial, industrial, or residential building or structure unless and until all require-
ments of the Art in Public Places program and related conditions of approval have
first been satisfied. For projects which do not require an interior building im-
provement permit, no person shall be issued a Certificate of Occupancy until the
public art requirements hav6 first been satisfied. Satisfaction shall mean the per-
manent installation of the City authorized piece(s) of art in conformance with all
standards and conditions imposed by the City of Brea in relation to such art piece.
C. Funds in Trust
In circumstances in which fabrication of an art piece, approved by the Art in Pub-
lic Places Advisory Committee, will not be completed prior to the developer's re-
quest for tenant improvement permits, the following option may be requested be-
fore the Committee: The developer may request to submit to the City, a cashier's
check equivalent to the 1% minimum an requirement for the particular build-
ing(s), for which the developer requests tenant improvements. The City shall hold
the funds in trust until the artwork is permanently installed. Artwork must be ap-
proved and permanently installed within a six (6) month period from the date the
request is approved. The developer shall submit a written agreement between the
developer, artist, and City, regarding the artist's payment plan, using these trust
funds. The agreement will allow the City to determine the final location of the
artwork, should there be any complications ovei: the arrangement. Should the art
work not be permanently installed, after a one-year period from the date the re-
quest was approved, the City shall then control the decision-making regarding the
funds in umst and completion of the public an project.
D. Projects That Include Art Pieces
Developments of commercial, industrial, or residential projects of five (5) dwell-
ing units or more, with a total building project valuation of 1.5 million dollars
(SI,500,000) or more, are required to select, purchase and install permanent out-
door sculpture at the development site, accessible and visible to the general public
from public streets. The required minimum art allocation shall be one percent
(1%) of the total building construction valuation (excluding tenant improve-
ments), which is determined using the International Conference of Building Offi-
cials (ICBO) tables in effect at the time building permits are issued. All attached
and 'detached additions to an existing commercial or industrial building, with a
valuation (for the addition) of 1.5 million dollars ($1,500,000) or more shall also
comply with the program. For any custom home development, the art require-
ment will be based on an estimate of the homes' market value, based on lot size
and existing market.
1. Phased Developments
If the development of a project is to proceed in phases, the developer shall
include a detailed plan with timelines, to reflect compliance with the Art
in Public Places requirements. This includes residential developments
with model homes as their first phase. All plans are subject to review by
the Art in Public Places Advisory Committee. Phased developments have
two options: --
2
1) Per existing guidelines, an art piece shall be installed for each individ-
ual building valued at $1.5 million or more, as each building is com-
pleted, thereby placing multiple sculptures at the site.
2) Applicant may submit an art plan which proposes to combine some or
all of the project's art allocations. The art plan must be approved by
the Committee prior to completion of the first building. Certain condi-
tions apply (See page 2, Funds in Trust).
2. Parking Structures
When calculating the total building valuation of a multiple level parking
structure, the City's Building and Safety Manager shall not count the area
of one floor in the structure toward the total valuation. The exclusion of
one floor of parking is intended to provide a credit for the ground level
parking area 'that would not be counted toward the valuation total in the
event a structure .was not developed at the site. In the event that the floors
dedicated to parking are different square footages fi:om one another, the
City shall exclude from its valuation, an area equivalent to the average
square footage of all floors dedicated exclusively to parking use. No ex-
emptions shall be granted for buildings that are combinations of office or
retail, and parking.
E. How Building Valuations and Art Allocations Are Determined
The minimum art allocation for each development is equal to one-percent (1%) of
the total building valuation of a project. The total building valuation is computed at
the time building permits are issued, using the most current Building Valuation Data
set forth by the International Conference of Building Officials (ICBO). This infor-
marion is issued quarterly. Square foot value is based on the type of building con-
stmction, the proposed use of the building, and the quality of construction. An ini-
tial building valuation is estimated by the City's Building and Safety Manager when
the developer submits formal application plans to the City's Planning Department.
~ The building valuation is recalculated when the project receives building permits.
' F. Art Allocation Expenses
1. Allowable Expenses from Art Allocation
a) The work of the art itself, including the artist's fee for design, struc-
tural engineering, and fabrication.
b) Transportation and installation of the artwork.
c) Identification plaque(s) for the artwork.
d) Mountings, pumps, motors or subterranean equipment, pedestals,.
bases, or materials directly necessary for installation of the artwork.
~3
~ e) Lighting specifically illuminating the ~art piece.
~ f) Art consulting fees. This fee shall not to exceed 20% of the total
art'allocation.
g) Art appraisals requested by City staff and/or the Art in Public Places
Advisory Committee.
2. Expenses Not Allowed from Art Allocation,'
a) Expenses to locate the artist (e.g. airfare for artist interviews, etc.).
b) Architect and Landscape Architect f~es.
c) Landscaping ar~ound a sculpture, that is not included as part of the
t.Artis!'s sculpture fumishings, inclu ;ding, but not limited to, func-
renal structures, prefabricated water or electrical features not created
by the artist4 and ornamental enhaucements'
d) Utility fees associated with activating electronic or water generated
artwork. :
e) Lighting elements not integral to the i ,llumination of the art piece.
f) Publicity, public relations, photographs, educational materials, busi-
ness letterhead or logos bearing artwm'k image.
g) Dedication ceremonies, including s'culpture unveilings or grand
; openings.
G. Artist and Artwork Selection
1. Artist and Artwork
The developer is responsible for selecting the artist(s) and artwork, pro-
vided both meet the program criteria (see pages 8-11). The City has a list
of art consultants and resource guides with firtist listings available for de-
velopers. However, the City does not.keep a list of "approved" artists
from which developers may choose. The Art in Public Places Advisory
Committee shall consider each artist and proposed artwork on a case-by-
case basis. '
2. Art Consultant
-' The developer may choose to hire an art consultant to assist with the selec-
tion of the artist and the application process.j The role of the art consultant
is to research and present to the developer, qualified artists Who are able to
4
create an appropriate artwork for their specific', project. The art consultant
is responsible for providing written and visual collateral on the artist(s) for
the application. The developer may not apply more than twenty percent
(20%)' of the total art allocation toward consulting fees. Consulting fees in
excess of twenty percent (20%) of the allocati6n shall be absorbed by the
developer.
H. Value Verification
If City staff cannot verify the value of a proposed art pi .~ce Coy past records of com-
parable work sold, etc.), the City may choose t~) haw. the artist's proposal and/or
other completed works appraised by a qualified art appraiser selected by the City.
The applicant shall pay up front for any art appraisal sergice fees. This expense may
be deducted from the total an allocation.
II. Application Process
A. Overview
Successful public art projects involve collaboration and cooperation between the
developer, the artist, and the City. The developer sele~cts an artist and submits an
application for review by the three-member Art in Public Places Advisory Com-
mittee ("Committee"), which either approves or denies application. The applica-
tion process shall take place in the early phases of deVelopment to allow for inte-
gration of the artwork into the overall project design ,and ensure timely comple-
tion of the Project. The artwork must be approved and permanently installed at
the site prior to the issuance of interior improvement building permits (See page
2, Exception: Funds in Trust).
B. Application Steps
Plan Review
The developer formally submits a development proposal for plan approval
to the City's Planning Division of the Development Services Department.
If the project is valued at $1.5 million or more, ~, staff informs the developer
of the estimated 1% art allocation for their project. The developer con-
tacts the City's Cultural Arts Division, Commimity Services Department,
to receive full program details including the Art in Public Places Policy
Manual and Application.
2. Artist Selection
The developer (or an consultant) researches a~d selects an artist(s) who
meets the program criteria. The developer and selected artist collaborate
in packaging the an application for committee review. The application is
included at the back of this manual. .
3. Preliminary Review with Staff
The developer submits the Art in Public Places Application to the Cultural
Arts Division of the City's Community Services Department. City staff re-
views all materials and advises the developer of any incomplete items prior
to the Committee meeting. The Art in Public Places Committee shall meet
within thirty (30) days of the date all application materials are submitted in
their complete form (See pages 26-27, Submittal Requirements). If any
items are found incomplete, the 30-day period will not begin until all out-
standing items are received. Staff shall inform the developer of the date,
time and location of the Committee meeting.
4.' Art in Public Places Advisory Committee Review
The developer, artist and/or art consultant presents their application mate-
rials and answers Committee questions at the Art in Public Places Advi-
sory Committee review meeting. The Committee reviews the application
utilizing the criteria listed in section III, on pages 8-13 and 24. The appli-
cant must be prepared to make an oral presentation which clearly supports
their art .propoSal.. The presentation shall include both written and visual'
materials. It is important for the developer to be present at the meeting to
i receive the Committee's comments and suggestions should the application
not be approved in full. The Committee retains the right to ask the devel-
oper and/or art consultant to provide further information or demonstrate how
their application meets the review criteria, prior to giving their final decision.
' It may be necessary to reconvene the meeting at a later date to review a re-
vised application.
5. Notification and Follow-up
The developer shall be notified in writing of the Committee's decision
within ten (10) days of the review meeting. If the an piece is approved,
any outstanding items that must be completed by the installation date will
be listed and given to the developer/art consultant. If the art piece is not
approved, the reason(s) for denial will be noted, including possible modi-
fications or additions which could lead to approval. Shouldthe developer
and/or consultant agree to the modifications he/she may resubmit an appli-
cation to the Committee for reconsideration. Staff shall inform the devel-
oper of the date, time, and location of the Committee meeting to review
the revised application. Once the artwork is approved in full, the devel-
oper shall inform the City of the approximate date the piece will be installed.
6. Unveiling Plans
.The developer shall contact the Cultural Arts Division regarding any un-
.. veiling or dedication ceremonies for the art piece. An unveiling or dedica-
tion is strictly optional. In the event the developer chooses to conduct an
unveiling or dedication, .City Staff shall provide the developer with an in-
vitation list of City Council Members, Commissioners, Art in Public
Places Advisory Committee Members, and other appropriate guests. City
staff shall work with the developer to promote press opportunities and
public interest in the art project.
C. If the Proposed Application Is Not Approved
1. Developer Options
a) Accept the Committee's recommendations and make the requested
modifications.
b) Select a different artist to create a new design and resubmit the appli-
cation to the Art in Public Places Advisory Committee.
c) Appeal the Committee's decision to the Cultural Arts Commission
(See Appeal Process below).
d) Submit a final appeal to the Brea City Council, if the Cultural Arts
Commission does not approve the initial appeal (See Appeal Process
below).
2. The Appeal Process
The developer must file a written request for an appeal with the Cultural
Arts Commission within ten (10) days~ of notification of the Art in Public
Places Advisory Committee's decision. The City does not grant an unlim-
ited number of appeals. All items for appeal should be addressed to the
Commission at this time. Upon filing an appeal, the Director of Commu-
nity Services shall set the hearing date and notify the applicant. The Cul-
tural Arts Commission will receive the original application, written re-
ports,, and the appeal request. The Commission may affirm, reverse, or
modify in whole or in pan any Committee decision or requirement. Brea
City Council shall only review appeals which are denied by the Cultural
Arts Commission. Brea City Council's decision shall be final and conclu-
sive.
D. The Art in Public Haces Advisory Committee
The Art in Public Places Advisory Committee is the formal body responsible for re-
viewing all Art in Public Places applications. The Committee shall ensure that all
Art in Public Places projects meet program criteria, as established by City Ordi-
nanc'e. The Committee consists of:
· A member of the City Planning Commission appointed by the Chair of the
Planning Commission.
· A member of the City Cultural Arts Commission appointed by the Chair of
the Cultural Arts Commission.
· A City Council appointed representative who has a background in art and is
a Brea resident.
(See Appendix B for more details on the Art in Public Places Advisory Committee.)
III, Review Criteria and Requirements
A. Artist Qualifications
1. Experience
Artists must be working-artists, who have a portfolio which includes
monumental outdoor public art commissions and collections, and exhibi-
tion records. In addition, the artist must demonstrate that he/she had for-
mal sculpture training. Monumental sculpture is defined as five (5) feet or
larger in one dimension, excluding the base. Qualified artists should have
experience in design concept, fabrication, installation, and long-term du-
rability of large-scale exterior artworks. Artists must be able to success-
fully collaborate with design teams, architects, art consultants, developers,
engineers, fabricators, and landscape architects, and meet Scheduled dead-
lines. Artists should also have experience in negotiating and contracting
their work responsibly. Artists who do not meet these criteria will not be
approved by the Committee.
2. Verification of Past Works
Artists must be able to verify the value of the proposed artwork, based on
their previous and current public art commissions. The Committee will
look for purchase prices of similar works sold by the artist (by size, me-
dium, etc.) which progressively increase toward, or exceed, the proposed
commission amount. The City may request records, including but not lim-
ited to, sales contracts, invoices, and payments. Gallery list prices or ask-
ing prices of works are not necessarily comparable, as they are not records
of a willing buyer. If the value of the proposed art piece cannot be veri-
fied Coy records of past comparable sold works, etc.), the City may choose,
at its sole discretion, to have the artist's proposal and/or other completed
works appraised by a qualified art appraiser. This expenditure shall be
counted toward the total art allocation, .and shall be borne by the devel-
oper. The value of the proposed artwork shall be verified prior to Com-
mittee review as to not delay the approval process.
B. Artwork Criteria
1. Artistic Expression and Innovation
Proposed artworks shall demonstrate how they will effectively engage the
public, and invite a "second look." Works engaging to the public are often
described as thought provoking, inspiring, entertaining, clever, whimsical,
powerful, reflective or symbolic. Innovation and originality are encour-
aged and expected. The Committee takes interest in the artist's creative
thought process in relationship to the specific development project.
Therefore, existing works are not generally encouraged. Artists shall be able
to thorougthly discuss the following elements of their proposal
with the Committee: expressive properties (mood, feeling, message, symbol-
ism) and formal properties (balance, emphasis/dominance, repetition/rhythm,
unity, form/shape, texture, color).
2. Scale and Content
Artworks must be appropriate in scale, material, form, and content to their
immediate, general, social, and physical environments. The artwork shall
not look like an afterthought to the development. Artworks must be three-
dimensional and monumental in scale (excluding base). Monumental is
defined as five (5) feet or larger in one dimension. Artwork not tradition-
ally classified as a "three-dimensional sculpture" (such as environmental
artwork), is not acceptable. For example, the following are not acceptable:
a) Mass produced reproductions or replicas of original works of art.
Exceptions are signed sculptures by the original artist for reproduc-
tion. (Edition limit: 5).
b) Functional equipment, which may be considered part of an ameni-
ties package, such as benches, chairs, fountains, etc. (See page 11,
Water Features and Fountains).
c) Decorative or ornamental pieces which are not designed by a quali-
fied, acceptable artist, including historical markers or bells, bell
towers, obelisks, minor architectural omamentation, and garden
sculpture.
d) Art as advertisements or commercial signage mixed with imagery.
e) Busts--Statutory memorials generally are not encouraged and will
be subject to additional review criteria (See page 15, Donation of
Artwork to the City).
3. PermanenCe and Materials
a) Recommended materials: bronze, stainless steel, high-grade alumi-
num, hard stone.
b) Materials not recommended: Cor-ten steel, wood, soft stone (e.g.
alabaster). Rebar will not be acceptable for internal support of
sculptures.
c) Other materials not listed may be considered, in the event the art-
work application includes a comprehensive maintenance plan,
which meets the interest and standards of the Committee and staff.
d) Rust proof materials must be used whenever possible. Artists will
be asked to provide a breakdown by percentage of metal alloys for
bronzes from foundries. Thickness and grade/quality of steel
works will be reviewed for rust proof durability. Artists shall take
note of which materials (including nuts, bolts, and other metal fix-
tm'es) will be in contact with each other that may produce oxida-'
tion and rust.
e) Artists must be able to clearly demonstrate the quality, craftsman-
ship, and durability of their artwork. Substantial consideration
shall be given to structural and surface integrity and stability, per-
manence and weathering, resistance against theft, vandalism, and
the probability of excessive maintenance and repair costs. Art-
works must be constructed of durable, long-lasting materials that
are able to withstand outdoor display, and require Iow levels of
maintenance. When selecting an art piece, developers shall keep in
mind that property owners are legally responsible for the mainte-
nance of the artwork for its lifetime.
4. Multiple Editions
If the proposed sculpture is one of multiple editions, the applicant shall in-
elude the edition number of the piece, and provide the location of all other
editions. To maintain the value of the proposed work, similar editions
may not be publicly displayed within a fifty (50) mile radius of the Brea
project site, Unless both the Art in Public Places Advisory Committee and
the owner of existing and/or future editions grant permission.
5. Public Liability and Safety
The artist and developer must bear in mind the sculptures will be dis-
played along major public streets. In order to be acceptable, artworks
must not disrupt traffic or create unsafe conditions or distractions to mo-
torists and pedestrians, which may expose the City or property owner to
10
liability. Consideration should be given to sharp or protruding edges that
may pose a danger to pedestrians. Attention should also be given to dura-
bility and ability to withstand weight, as owners are held responsible for
repairs resulting from persons climbing, sitting, or otherwise damaging the
sculpture,'.
ight-
et all 6. Water Features and Fountains
'al to
~ting water fe, ature pieces, or artworks requiring water, must be conceptually
designed by an acceptable, qualified visual artist in order to be considered
for the Art in Public Places pro,am. The artwork must stand on its own
should the water cease to function properly. There must be a demon-
strated collaboration between the artist and the water feature design core-
'in- pany. The intent of the Art in Public Places Program is to promote the
~aral work of visual artists, not water feature design companies. Water related
xad, costs, sUch as pump and pool construction, will .be evaluated by the Public
~li- Art Committee for consideration as part of the overall art allocation. De-
~ velopers are welcome to exceed the arts budget to construct a water fea-
ture. However, water features will not be accepted in lieu of the An in
Public Places requirement. No more than th/rty-percent (30%) of the total
art allocation may be utilized for water-related costs.
C. Site and'Installation Requirements
· ry 1. Visibility
Artwork is to be located outdoors and easily visible to both motorists and
pedestrians from a major public street. Distance from the sculpture to the
public street should typically not be greater than fifty (50) feet. Artwork
may not be placed near monumental signs, sign walls, 'bus benches, or utility
~.. boxes, as these structures may impede the public's view from the street or
diminish the aesthetic value of the sculpture. Lettering~ symbols or signage
.:1 : are not permitted upon the art sculpture or its foundation, except as in-
:t ! tended by the artist. Visibility to the general public is the key criteria in ap-
! proval of sculpture location. Exceptions .can be made for large open or en-
~ closed public areas such as. shopping malls, which may have their art
:' piece(s) in an interior public location.
2. Signage
Permanent signage of any type is not permissible in or around the immediate
area of the sculpture. This includes the foreground, background, or adjacent
areas of the sculpture. Signage should not distract or diminish the aesthetics
of the sculpture, when the public views the work from the most accessible
vantage points (e.g. intersections, entryways). The Public Art Committee
will review, all signage plans and ask the applicant to provide alternative lo-
cations should the signage interrupt the public's view.
1!
3. Lighting and Electrical
Artwork shall be properly lit during evening and nighttime hours. All light-
ing and electrical elements should be in good working condition and meet all
current safety conditions. Lighting and electronic elements, not integral to
the sculpture, will not be included as part of the art allocation. Lighting
plans must be submitted as part of the application. ·
4. ' Landscaping and Base
Landscaping and sculpture base should be well integrated and securely in-
stalled. The sculpture must also be secured to the base. A licensed structural
engineermust apprOve and certify the installation plans as structurally sound,
safe, and durable. The base shall onlY house sculpture, and plaque, if appli-
cable.
5. Identification
Each art piece shall be identified by a cast bronze plaque apprOximately 8"
x 8". The plaque shall be placed in a ground location near the art piece,
listing only the title, artist, and date of installation. The Art Advisory
Committee must approve any additional plaques that may be requested.
D. Budget and Contract
1. Budget Breakdown
The developer is required to submit a line item Budget Breakdown, re-
flecting costs of the artwork and artist design fees, transportation and in-
stallation fees, art consultant fees, and any other fees as applicable and
necessary. (See Appendix C, Sample Budget Breakdown). The Budget
Breakdown should total or exceed the 1% minimum art allocation.
2. Contract of Sale
The developer must also submit an unsigned copy of the Contract of Sale,
including the long-term care and maintenance instructions for the artwork,
with their application. Upon approval by the Art in Public Places Advi-
sory Committee, the Contract of Sale shall be modified if necessary, and
signed by the Property owner, artist, and homeowner's association, if ap-
plicable (See Appendix D, Sample Contract of Sale).
E. Maintenance
1. Responsibilities
All property owners are legally responsible for maintaining their art piece
for its lifetime and replacing the art piece should it be damaged beyond re-
pair, destroyed, or stolen (See page 15, Replacement of Artwork). The ap-
plicant should demonstrate that the selected artwork is constructed for
permanent outdoor display and that provisions have been made for its
long-term care. The Contract of Sale should address the following areas
of long-term care and maintenance:
a) Maintenance instructions - Artist's recommendations for on-going
and long-term care.
b) Restoration- length of time (typically one year) the artist or art
conservator will be responsible for repairs.
c) Maintenance funds - how the owner will provide a funding source
for maintenance.
d) The Cultural Arts Commission shall regularly inspect each sculpture
for any damage or maintenance concerns. Current property owners
will be informed of the results of inspection including recommenda-
tions for maintenance and for repair, and a referral to an art conserva-
tor who can treat the sculptures to preserve their longevity. Property
owners will be subject to code enforcement for failure to comply
with the maintenance requirements of this program.
2. Maintenance Instructions
The artist is required to provide maintenance instructions as a condition in
the Contract of Sale, which specifies the on-going and long-term mainte-
nance requirements for the artwork. These guidelines will be used for rou-
tine cleaning and occasional treatments to prevent damage from weather
elements, bird guano, tree droppings, spray from sprinklers, and aging.
The Maintenance Instructions shall include:
a) Materials for the maintenance and/or repair of the artwork, including
but not limited to, brands and mixes of pigment, color samples, mate-
rial finishes, types of brushes, bolts, and other needed materials.
b) Methods of cleaning: how to apply cleaning agents, paint, wax, or
other materials. Specify number of coats and drying time. Specify
whether the work can be performed by a general maintenance service
or must be performed by a professional art conservation service.
13
c) Frequency of routine cleanings per year; how often to repaint (usu-
ally 2-3 years or 3-5 years); and frequency of long-term preventative
treatments (usually between 5-10 years).
3. Maintenance Conditions
a) Water or electronic sculptures must always be operating in good
working order. Complete insmactions for maintenance and repair
of kinetic or water components'must be included in the mainte-
nance instructions.
b) Artwork shall be properly lit during evening and nighttime hours.
Lighting fixtures used to illuminate sculptures must' always be in
good condition and working order.
c) All artwork shall be cleaned on the property where the sculpture is
permanently installed, unless agreed upon by the City. The City
prohibits removing sculptures from the site for any reason without
explicit authorization.
4. Payment of Maintenance
The property owner is required to establish a source of funding to maintain
the artwork on a routine and long-term basis, for its lifetime. The mainte-
nance and long-term care of the artwork is not the responsibility of the
City.
IV. Property Owner Responsibilities
A. Art Insurance
Public sculpture must remain permanently installed at the site as a condition of
project approval, as stated in the Covenants, Conditions, and Requirements
(CC&R's), if applicable, and if not, in a recordable agreement, binding on succes-
sors to title to the subject property, in form reasonably approved by the City At-
torney. In the event the artwork is damaged, destroyed, or stolen, the property
owner is legally responsible for repairing or replacing.the artwork, with an art
piece or art pieces of equivalent value. The City strongly suggests owners insure
their art pieces.
B. Damaged Artwork
The property owner is responsible for repairing the artwork in the event of dam-
age and/or- vandalism. Artwork damaged or vandalized shall .be repaired as
closely as possible to the original approved artwork. If repair is needed, the origi-
nal artist must be given first refusal on repair(s) for a reasonable fee. If the origi-
nal artist is not available or is unwilling to Perform the required repair(s) for a
reasonable fee, the owner shall make arrangements for repair(s) with a reputable
art conservator. The owner shall be responsible for notifying the Art in Public
Places Advisory Committee and City Staff of the steps that will be taken to repair
the work.
C. Replacement of Art~vork
In the event the art piece is destroyed, damaged beyond repair, stolen or otherwise
removed from the site, the owner shall replace the art piece with a new work of
art (See next section, Removal of Artworks). The owner shall submit an applica-
tion to the City for review by the Art in Public Places Committee. The new art-
work shall comply with all of the requirements of the Art in Public Places pro-
~am in effect at the time the work is replaced. The allocation for the new (re-
placement) art piece shall be calculated at 1% of the current total building valua-
tion, as computed by the most current Building Valuation Data set forth by the In-
ternational Conference of Building Officials (ICBO). As ICBO figm'es typically
increase each year, property owners are advised to take steps to replace' damaged
or destroyed sculptures immediately.. The replacement process shall be completed
within a six (6) to twelve (12) month time frame unless otherwise agreed to by the
City.
D. Removal of Artwork
The City will not authorize removing public art, except under the most extenuat-
ing circumstances. The indefinite removal of an artwork from permanent display,
whether or not it is disposed, affects the artist's fights, and has serious legal con-
sequences for the property owner. Owners wishing to remove, modify, destroy,
or in any way alter their artwork must first seek legal consent from the original
artist and must provide a compelling reason for taking such action with the art-
work. All such requests must also be submitted to the Art in Public Places Advi-
sory Committee for their consideration and approval. Factors to be considered by
the Committee shall include but not be limited to: reasons and costs of relocation,
risk ofdamage to the artwork, maintenance costs, and artist and owner rights and re-
sponsibilities.
E. Donation of Artwork to the City
Individuals, businesses, and/or groups wishing to donate artwork of any style,
size, or medium, with an estimated value over $2,000 shall provide a written re-
quest of their offer to the 'Cultural Arts Commission. The Commission shall use
established review criteria to evaluate the proposed work of art, artist, and pro-
posed location. Other considerations may include costs to the City (e.g. transpor-
tation, installation, insurance, routine maintenance, and long-term conservation)
and the impact of the donation on existing art programs (e.g. number of existing
donations by the same artist). In addition to the established review criteria, dona-
tions of memorials shall be reviewed based on the following: Does the memorial
represent broad community values? Does the significance of the person(s)or event
being memorialized have a timeless quality and make a statement to future genera-
15
tions? Is there some specific geographic justific~ttion for the memorial being placed
at the proposed location?
If the donation is an outdoor artwork or is a proposal to create an outdoor artwork
for display on public property (e.g. Brea Civic & Cultural Center, Brea Community
Center, City parks), the .proposal shall first be referred to the Art in Public Places
Advisory Committee~ then to the Cultural Arts Commission. Proposals which are
denied by the Cultural Arts Commission may be appealed to City Council. Formal
gifts'presented to the City Council by government's contacts and sister cities shall
only be reviewed according to tiffs procedure at the sole discretion of City Council.
16
APPENDICES
APPENDIX A
Visual Art Laws for Artists and Owners
Several federal and state laws protect the rights of visual artists and art owners. The following is
only a partial listing. For more details, the City recommends that the artist and/or owner consult
a lawyer specializing in visual art and copyright laws.
I. 1980 California Art Preservation Act
California Civil Code Section 987 et seq. applies to artwork sold or created after 1980. The
Civil Code states that no person except the artist can deface, mutilate, alter or destroy a piece
of art. "...The physical alteration, or destruction of fine art, which is an expression of the art-
ist's personality, is detrimental to the artist's reputation and therefore have an interest in pro-
tecting their works of fine art against any alteration or destruction."
H. Visual Artists Rights Act of 1990
The Visual Artists Rights Act of 1990 (VARA) 17 USC Sections 101,106A, 107, 113, 301,
4il, 412, 501,506, amends copyright law providing new rights for visual artists for artworks
sold or created after June 1, 1991. The rights' contained in the law extend for the life of the art-
ist. The le~slation creates a uniform, national standard for protecting visual artists' rights. It
provides a mechanism for the visual artist to claim authorship of a work he or she created, as
well as to prevent the use of his or her name on a work he oi She did not create. The bill makes
clear that this fight includes the right to publish a work anonymously or under a pseudonym.
The artist also has a right to demand that his or her name be removed from a work in the event
of a distortion, mutilation, or other modification of the work to which the artist has not con-
sented, and is prejudicial to his or her honor or reputation. In addition, the Act provides for a
legal course of action to allow an artist under specified circumstances to prevent the destruction,
distortion, mutilation, or modification of a work of visual art. In any such action, the artist has
the burden of establishing that the alteration of the work is harmful to his or her professional
honor or reputation.
A. Works Covered
The Visual Artists Rights Act of 1990 is limited only to "work of visual art," defined
as a painting, drawing, print, or sculpture existing in a single copy or in a limited
edition of 200 copies or less. The copies of a limited edition must be signed and
consecutively numbered by the artist. In the case of multiple casts, carved or fabri-
cated sculptures, the work must be a limited edition of 200 or less, be consecutively
numbered by the artist, and bear the signature or "other identifying mark" of the art-
ist.
17
APPENDIX A
Page 2
The destruction of a work of recognized stature by an intentional act or an act of
gross negligence is a violation of the artist's right and would subject the person de-
stroying the work to suit for damages by the artist.
This law states several exceptions to the artist's fights. First, a modification of a
work that is a result of the passage of time or the inherent nature of the materials is
not actionable. Second, the modification of a work that is the result of conservation
or the public presentation of the work including lighting and placement is not ac-
tionable unless the modification of the work is caused by gross negligence.
If a work was created prior to the .effective date, the rights under the statute apply if
title to the work has not been transferred prior to the effective date.
B. Transfer and Waiver
Only the artist has the rights created by VARA 1990. No rights may be transferred
under this Act. Rights may be waived if the artist agrees to waive his/her rights in
writing. In the case of a joint work, a waiver made by one artist waives the rights for
all artists of the joint work. The transfer of ownership of a copy of a work of visual
art does not constitute a waiver of fights.
C. State Law Preemption
The Visual Artists Rights Act attempts to create a uniform national standard with re-
spect to the rights of integrity and attribution. Therefore, the Act preempts or extin-
guishes all legal or equitable fights that are equivalent to the rights conferred by the
Visual Artists Rights Act. This general rule of preemption is subject to three impor-
tant exceptions. First, the Act does not preempt rights, which are not equivalent to
the rights contained.in the bill; for example, California's resale royalty statute would
not be preempted by this Act. Second, the statutes, which extend fights beyond the
life of the artist, are not preempted by this Act. Finally, this Act does not preempt a
cause of action arising from undertakings commenced before the effective date of
the statute.
D. Remedy
Like copyright ~gement, an artist who seeks to assert his or her rights under the
statute may do so by filing a lawsuit in federal court. An artist may Seek an injunc-
tion to claim authorship or disclaim false authorship of a work or to prevent distor-
tion, mutilation or destruction of a work as outlined above. If the distortion, mutila-
tion or destruction has akeady occurred, the artist can sue for damages. The artist
can either establish the actual damage to his or her honor or reputation or claim the
statutory damages of up to $10,000. If the artist prevails in court, the judge may also
order the defendant to pay the artist's attorney fees.
APPENDIX A
Page 3
E. Removal of Visual Art from Buildings
1. If a work of visual art has been incorporated or made part of a building in
such a manner that removal of the work would cause the destruction, distor-
tion, mutilation or other modification of that work, the ri~ts shall not apply
if the artist consented to the installation of the work in the building before the
effective date of the law. In addition, these rights shall not apply if the artist
and the building owner have executed a written statement that installation of
work may subject the work to destruction, distortion, mutilation, or other
modification, by reason of its removal.
2. If the owner of building wishes to remove a work fi.om a building and the
work can be removed without its destruction, distortion, etc., the artist's
rights will apply but there are exceptions. The right will not apply if the
owner has notified the artist, in writing, that he or she intends to remove the
work, and the artist has failed to respond to the owner's notice that the artist
must either remove the work or pay for its removal within ninety days after
receiving the owner's written notice. The written notice must be sent by reg-
istered mail to the artist at his or her most recent address. If the work is re-
moved at the artist's expense, title to that copy of the work belongs to the art-
ist.
3. In order to give the artist the practical opportunity to remove works which
have been incorporated into buildings, the Register of Copyrights has estab-
lished a system or records whereby the artist of work that has been incorpo-
rated in or made part of a building can record his or her identity and cun'ent
address. This system provides the artist with the opportunity to update
his/her personal information. In addition, the system provides the owners of
buildings with the opportunity to record evidence of their efforts to comply
with the law.
F. Law Codes
A copy of the law can be found: Federal Code; Visual Rights Act of 1990, 17 USC
Sections 101, 106A, 107, 113, 301,411, 412, 501, 506. Materials written above
were excerpted fi.om "Congress Passes Visual Artists Rights Act," National Artists
Equity, autumn 1990.
19
APPENDIX B
Brea's Art in Public Places Advisory Committee
I. Responsibilities
The Art in Public Places Advisory Committee is the formal body responsible for review-
lng all public art applications in order to ensure compliance with the Art in Public Places
program criteria, as established by City Ordinance. Responsibilities include: attending all
public art review meetings, exercising judgement that is fair and consistent with policy
guidelines, advising the Cultural Arts Commission and the City Council on all public art
related issues, and upholding the reputation and integrity of the Art in Public Places Pro-
gram and the City of Brea. The Committee meets on an as needed basis.
II. The Committee consists of:
A. A member of the City Planning Commission appointed by the Chair of the Plan-
ning Commission.
B. A member of the City Cultural Arts Commission appointed by the Chair of the
Cultural Arts Commission.
C. A City Council appointed representative who has 'a background in art and is a
Brea resident.
III. General Criteria
A. Brea Resident.
B. Enthusiastic commitment to the betterment of the community.
C. Oriented toward service to people and sensitive-to their needs.
D. Must understand the relationship with the City Council and the Committee's role
as an extension of the Council.
E. Able to demonstrate education, experience and commitment in the visual arts, in-
cluding sculpture.
IV. Length of Term
Each member is appointed for a term of two years, commencing with appointment at the
first Commission meeting of the calendar year. Upon term expiration, the Cultural Arts
Commission and Plann/ng Commission will appoint members to the Art in Public Places
Committee, following appointment of new Commission members. Recruitment for the
member-at-large position is posted bi-annually and the Mayor and City Council review all
applications in January for appointment and reappointment. There are no limits to the num-
ber of terms, or number of consecutive terms, a member may serve on the Art in Public
Places Advisory Committee.
APPENDIX C
SAMPLE
City ,of Brea Art in Public Places
Budget Breakdown
Artist Design $
ArtWork Material $
Fabrication $
Art Consultant - not to exceed 20% of allocation
(If applicable) $
Transportation of Artwork $
Concrete or Base $
Structural Engineering $
Lighting/Electrical (for artwork only) $
Water Related Expenses (if applicable) $
Art Appraisal (if applicable) $
Other Expenses (please list)
$
TOTAL $
The total 'should equal or exceed the minimum 1% art all0cation for the project.
21
APPENDIX D
SAMPLE
CONTRACT OF SALE OF A WORK OF ART
AGREEMENT made as of the day of in the year between (herein
referred to as the Collector) located in and
(herein referred to as the Artist) located in , with respect to the sale of a
sculpture (herein referred to as the Work).
WHEREAS the Artist has created the Work and has full right, title, and interest therein; and
WHEREAS, the Artist wishes to sell the Work and
WHEREAS, the Collector has viewed the Work and wishes .to purchase it;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations, cove-
nants, and conditions hereinafter set forth, and other valuable considerations, the parties hereto agree
as follows:
1. DESCRIPTION OF THE ARTWORK:
[Include title,, style, medium, dimensions, weight, year of creation, and any other descrip-
tion.]
2. SALE AND PAYMENT
The Artist hereby agrees to sell the Work and Collector agrees to purchase the Work for a
purchase price of . Payment shall be made in installments:
a. A deposit of $ ( %) upon the signing of this Agreement.
b. A payment of $ ( %) upon
c. A final payment of $ ( %) upon delivery of the completed Work.
3. DELIVERIES AND INSTALLATION
[Specify location of delivery and who is responsible for shipping and installation charges.]
4. RISK OF LOSS AND INSURANCE
The risk of loss or damage to the Work and the provision .of any insurance to cover such loss
or damage shall be the responsibility of the Collector upon installation.
5. MAINTENANCE
The Collector agrees to abide by the Maintenance Instructions of the Artist listed below, as a
condition o~' sale of the Work.
[Artist instructions, including methods, materials, frequency of routine cleaning, and sug-
gested practices for occasional preservation treatments or conservation.]
6. NON-DESTRUCTION
Owner will not undertake or permit any intentional destruction, damage, or modification to
the Artwork.
22
APPENDIX D
Page 2
7. RESTORATION
Artist agrees to be responsible for repairs, not arising from intentional damage or neglect, for
up to __ year(s) (typically one year), without charge to the Owner. Owner agrees to notify
Artist before any restoration is undertaken and the Artisi: shall have first opportunity to re-
store the Work, for a reasonable fee, if beyond the aforementioned time limit.
8. FUNDING SOURCE
The Owner agrees to establish a funding source for necessary on-going maintenance. A
Homeowner's Association has been designated (if applicable) to fund and care for the sculp-.
ture on the owner's behalf, as specified by the Artist in this Agreement.
9. COPYRIGHT AND P,.EPRODUCTION
The Artist reserves all reproduction rights, including the right to claim statutory copyright, in
the Work~ All approved reproduction shall bear copyright notice with the Artist's name and
date.
10. MISCELLANEOUS
The Agreement shall be binding upon the parties hereto, their heirs, successors, assigns and
personal representatives. The Agreement constitutes the entire understanding between the
parties; only an instrument in writing assigned by all parties can modify its terms. A waiver
of any breech of any of the provisions of this Agreement shall not be construed as a continu-
ing waiver of other breeches of the same or other provisions hereof. The laws of the State of
CalifOrnia shall govern this Agreement.
IN WITNESS WHEREOF the parties hereto have signed this Agreement as the date first set
forth above.
ARTIST DATE
COLLECTOR DATE
ART CONSULTANT DATE
DATE
HOMEOWNER'S ASSOCIATION (If applicable)
Sculpture Maintenance Contact (the City will contact this person for future needs)
Person Name, Title:
Company:
Mailing Address:
Phone/Fax:
E-mail: --
.23
APPENDIX E
*Note: This form for' use by the Public Art Committee at the Review Meeting.
City of Brea Art in Public Places
Advisory Committee Review Checklist
Project:
Artist: Artwork Title:
Date Reviewed:
Committee Members:
Meets Does Not
Criteria Criteria Meet Criteria Comments
I. Art Piece
Scale: life-size 5' or larger (excluding base)
Permanent and weather resistant media, armature and
framework of rust free materials, foundry materials
and metals breakdown by percentage
Artistic Content (for discussion only):
· Expressive properties (mood, feeling, message,
symbolism)
· Formal properties (balance, emphasis, color,
repetition/rhythm, unity., form/shape, texture)
Proposal shows how work will engage public interest
(provokes discussion, a closer look, intrigues, enter-
tains, etc.) Is public input/survey requested?
Liability and Safety conditions
Original work of art (Editions limited toS)
H. Artist
Education/training in the visual arts and sculpture
Exhibit records and collections
Experience with large scale outdoor art work
Verification of purchase price of past works
III. Site/Installation
Clearly visible to motorists and pedestrians from ma-
jor public street.
No more than 50 feet from public street(s)
Base well integrated to landscape
Lighting instruments and lighting plan
No signs, utility boxes, or other conditions limiting
public view
Sculpture plaque
Installation design approved by structural engineer
Landscape plan will not pose future visibility or con-
servation problems
Sprinkler plan 'assures no water spraying on art
V. Artist/Developer Contract of Sale
VI. Maintenance InstruetionsfMaintenance Fund
24
APPENDIX F
*Note: This form for applicant use only. Please keep for your records.
City of Brea Art in Public Places
Application Checklist
Date:
Applicant:
Project:
For description of each item see Appendix G, Application Instructions.
[-~ 1. Application - Form A
[--] 2.Site plan indicating sculpture location
[--] 3.Photographs or computer enhanced image of site/sculpture location
[--] 4.Landscape plan
[-~ 5. Lighting plan (specific instruments)
[--] 6.Artist statement
['-] 7.Maquette(s) or drawings of proposed work
[--] 8.Sample materials or finishes of proposed work
[--] 9.Installation design (to be approved by structural engineer)
[] 10. Artist's current r6sum6
[-~ 11.Artist's history of public art commissions - Form B
~--] 12. Slides and photographs of artist's previous works
[-~ 13. Edition number and locations of other pieces in the series (if applicable)
['--] 14. Budget breakdown
['~ 15. Maintenance instructions
~-~ 16..Draft contract of sale
'25
APPENDIX G
*Note: This form for applicant use only. Please keep for your records.
City of Brea Art in Public Places
Application Instructions/Submittal Requirements
PleaSe submit the following application materials to the City of Brea, Community Services Depart-
merit, Cultural Services Division. City of Brea staff must receive all application materials prior to
scheduling an Art in Public Places Committee review meeting. The review meeting will be set
within thirty (30) days once all application materials are complete.
1. Application- Form A
2. Sit_eplan of the development, including the following:
a. Proposed placement of the sculpture.
b. Distance in measurement between the sculpture and public streets.
c. Placement of any existing and/or future monumental or temporary signs, utility boxes,
nearby street signals, or structures which may impede public view of the sculpture from the
public street.
3. Photographs or computer enhanced design of the site, which clearly shows the sculpture in rela-
tion to the site/building, as the public at ground level would see it. An image of the sculpture
may be superimposed on a photograph of the site. Please make to scale.
4. Landscape plan, including the location(s) and type(s) of trees and shrubbery, in relation to the
sculpture.
5. Lighting plan for sculpture, specifying location, number, and type of fixtures to be used.
6. Artist statement, describing artist's style, artistic concept and content, relationship between pro-
posed artwork and the project. The developer should explain to the Committee why the pro-
posed work was chosen and how it will enhance the development, complement the existing art
program, and engage public viewing and comments.
7. Drawings, or maquette(s) of the proposed artwork. The maquette may be brought to the
Committee meeting.
8. Sample materials or finishes of the proposed artwork.
9.. Installation design of the proposed artwork, stamped by a licensed Structural Engineer, certify-
ing the art as structurally sound, safe, and durable.
10. Current and complete curriculum vitae of the artist (including art training and education, group
and solos exhibitions, private and public collections).
26
APPENDIX G
Page 2
11. Artist's history of public art commissions. The value ofthe~proposed piece is verified by previ-
ous commissions of similar style work (by medium, style, and size). Records should indicate
commissions progressing toward or exceeding the proposed commission amount. City staff will
verify the artist's records of past sales of similar sculpture(s). If the value of the proposed work
cannot be verified, due to inconsistencies in the record, a certified art appraiser at the &vel-
oper's expense may review the proposed artwork (See page 3, Allowable Expenses fi:om Art Al-
location).
12. Slides, photographs, or other collateral (reviews, critiques, articles) of past works, correspond-
ing to the listings in items 10 and 11.
13. Edition nmnber of the proposed work (if part of a limited edition series) and locations 'of all
other pieces in the series.
14. Budget breakdown including artist fees for design concept, materials, fabrication, transporta-
tion, installation, and art consultant fees (if applicable). The total budget should equal or ex-
ceed the minimum 1% art allocation.
15. The artist's maintenance instructions for routine and long-term preservation shall be included in
the contract of. sale (See pages 13-14, Maintenance Instructions). The instructions may be
amended as needed, pending the results of the Art in Public Places Committee review meeting.
16. Draft contract of sale (See Appendix D, Sample Contract of Sale). The draf~ contract may be
amended as needed, pending results of the Art in Public Places Committee review meeting. Af-
ter approval by the Art in Public Places Committee, a final contract must be signed by the prop-
erty owner, artist, and art consultant (if applicable), and submitted to the City of Brea.
27
APPENDIX H
FORM A City of Brea Art in Public Places Application
Date Submitted:
Minimum Art Allocation:
Project Name:
Development Location/Address:
Location of Art Piece (be specific):
Developer: Contact Person:
Address:
Phone: Fax:
Property Owner:
Address:
Phone: Fax:
Artist:
Address:
Phone: Fax:
Title of Art Piece:
Selling Price: (includes consul .tant fees)
Description of Art Piece:
Dimensions:
Media:
Percentage breakdown of metal alloys (for bronzes):'
Armature Material:
Paint type, brand, color (if applicable):
Description of Art Foundat/_'on or Base:
Landscape Description:
Lighting Description:
Sprirtkler Description at Sculpture Base:
Distance between Public Su'eet and Art Piece:
Installation Date:
Dedication/Unveiling Plans:
28
APPENDIX I
FORM B
Artist's History of Public Art C'ommissions
Please list in order of most recent. Use additional sheets if needed.
Artist Name Project
Purchaser and Date of ' Commission
No ~. · Title Medium Dimensions. Phone Number Location Commission Amount
To be
Proposed work for determined
1. Brea:
2.
3.
5.
6.
7.
8.
March 8, 2002
Ms. Renee Donato Nelson
11916 Borg Court
Bakersfield, CA 93306
Dear Ms. Donato Nelson:
I'm pleased to send you the official announcement of the first Great Valley Leadership Institute, to
be held at Tenaya Lodge near Yosemite, August 14-18, 2002. This is a groundbreaking program
with the r~otenfial o£.qtrencrthe~ninc~ nl~hlic cl~ci~;,~n.m~l~;ng ;,, our '-~' '" . ' '
- : .... o ....... o, ...... - ..................... ~-.omo,,. You may be ~ntcrcstcd ~n
nominating someone for this program.
The Great Valley Leadership Institute, a project of the Great Valley Center in cooperation with the
Kenneth L. Maddy Institute, will bring national quality leadership training to the Central Valley. The
faculty are from the John F. Kennedy School of Government at Harvard University, and they have
designed a stimulating curriculum tailored appropriately for local elected leaders. Our premier class
will include 30 city and county elected officials in the Central Valley from Bakersfield to Redding.
Participation in the Great Valley Leadership Institute (GVLI) is considered as an honor and
participants will be selected through a nomination process. A mayor, city council member or county
supervisor, who has served .in office for at least one year, may be nominated by anyone from the
Central Valley region. All that is required is a letter with a statement of the elected official's
qualities that would qualify him or her for the program. The GVLI seeks high potential leaders and
nominations should reflect why the nominee is distinguished as a leader among peers. The premier
class will be selected from this pool of nominees to represent a balance of city and county officials
and cover the various parts of the Valley, and these nominations are due by April 26, 2002. Other
sessions will be offered in the future, in February and August of each year.
Details about the program and the nomination process are explained in the enclosed brochure. For
further information, please refer to www. csufresno.edu/maddy, email us at
dwhitehurst~csufi'esno.eau or call us at the Maddy Institute at 559-278-5412.
Very truly yours,
Daniel K. Whitehurst, Director
Kenneth L. Maddy Institute of Public Affairs
California State University, Fresno
Grot VALLEY LEADERSHIP INSTITUTE
KENNETH L. MADDY INSTITUTE OF PUBLIC AFFAIRS
5340 NORTH CAMPUS DRIVE M/S $$19 FRESNO, CALIFORNIA 93740 PHONE (559) 278-5412 FAX (559) 278-5230
Advisory Board
.o..
Oty Council Member, Pinole
and Chair, Latino Caucus, League of California Cities LEAD
E
RS
H
I
P
Terry Ougan
A National-Quality Program £ducationDirector,ieagueo/CaliforniaCitieSMariaGutierrez INSTITUTE
General Manager, KFIV Channel 21-Univision, Fresno
Tailored t° the Central Valley Hon. Gary Freeman
The Great Valley Leadership Institute (GVLI) provides Supervisor, Glenn County A Program of the Great Valley Center
training for already accomplished local elected Hon. Patrick Johnston in partnership with the Kenneth L. Maddy
Former California State Senator (StocktOn) Institute of Public Affairs at
officials who are nominated as having special Marry Linsky California State University, Fresno
potential for further growth and development. In John F. Kennedy School of Government, Harvard University
particular, the program provides an opportunity to: Hon. Trinidad Rodriguez
Mayor of Kerman
· Engage in a stimulating program about Hon. Charles Royer Our Central Valley..
is
national
a
leadership with a value base and develop Director, Urban Health Initiative, former mayor of Seattle
Hon. Valeriano Saucedo resource with great opportunities,
greater wisdom for decision-making Tulare County Superior Court Judge
· Become stronger stewards for communities, and formerrnayorofLindsay but it a/so faces major challenges.
and more thoughtful, successful leaders Steve Szalay
local
leaders
the
tools
to
Executive Director, California State Association of Counties
· Challenge assumptions and broaden perspectives Elaine Trevino
· Examine the ethical and professional DirectorofExports, California DepartmentofFood&Agriculture shape the future of the region is an
responsibilities of leadership Mark Ward~o,, important and worthwhile effort.
· Share ideas with and build a network among Senior Vice President, Bank of America
outstanding and diverse political figures from Hon. Daniel Whitehurst Senator Dianne Feinstein and
Maddy Professor, Kenneth L. Maddy Institute of PublicAffairs, former mayor of San Francisco
throughout the region as well as with nationally csu, Fresno, and former mayor of Fresno
recognized faculty Hon. Carol Whiteside
President, Great Valley Center and former mayor of Modesto
For more information, please contact:
GREAT VALLEY LEADERSHIP INSTITUTE
Kenneth L. Maddy Institute of Public Affairs
5340 North Campus Drive M/S SS19
Fresno, California 93740
phone (559) 278-5412 fax (559) 278-5230
dwhitehurst@csufresno.edu
www. csufresno.ed u/maddy
The Great Valley Leadership fnstitute is funded by
the Great Valley Center with support from The James Irvine
Foundation, The William and Flora Hewlett Foundation, and other
foundations and businesses interested in investing in the region.
Program Leadership skills are important at every level of government.
/~-~break from daily, routines. A retreat with respected Public service demands the best from each of us.
co leagues An experience with first-rate faculty. The special
' ' Ruben Barrales, Deputy Assistant to the President and Director of the Office of
course is a five-day certificated program, running from
W_ednesday evening through Sunday for a class of select Intergovernmental Affairs, The White House, and former San Mateo County Supervisor
iJfirticipants nominated by their colleagues and others.
The instruction is interactive and discussion-based, using cases Faculty Setting
and exercises to draw from the experiences and observations
of participants. Examples of discussion topics include: The Great Valley Leadership Institute has assembled The program is conducted at a first class conference center
· Exercising Leadership and Exercising Authority a nationally recognized faculty including: in the Sierra near Yosemite. The location allows
· Community Building Marry Linsky, GVLI Faculty Chair, is a full-time member of participants to travel up from the Central Valley floor for a
· Working with the Media the faculty at the John E Kennedy School of Government at change of scenery, a fresh perspective and time away from
· Thinking Ethically Harvard University as'well as chair of the Program for Senior the pressures and demands of the office and hometown.
· Effective Negotiations Executives in State and Local Government. He is a trainer in Participants as Honored Guests
· Creating and Nurturing Coalitions ~ leadership, ethics, communications, and strategic planning The Great Valley Leadership Institute is a benefit and
· Leadership and Survival for a wide range of public and private sector clients in the reward to hard-working and dedicated local elected
· Building Your Legacy U.S. and abroad. He has been a journalistl a lawyer and officials. Program participants are honored guests and will
· Personal Style Analysis and Inventory politician, having served as a Member and Assistant Minority receive lodging, meals, tuition and materials paid in full by
Leader of the Massachusetts House of Representatives. the Great Valley Center.
Participants Saletta Boni, Ph.D., is a Managing Partner for Leadership Attendance should not create a financialhardship for participants,
The Great Valley Leadership Institute is designed for Consulting Associates based in New York, and is an and those who may benefit from special assistance should contact
elected officials who have se[ved for at least one year in organizational psychologist focusing on the development of the Great Valley Leadership Institute for more information.
local government in the Central Valley: mayors, city council leadership and teams. Dr. Boni holds a faculty appointment
members, and county supervisors. Each class includes 30 at Columbia University and at Harvard's Kennedy School.
participants from the Great Central Valley in cities from
Bakersfield to Reddingl Participants must be nominated and Xavier de Souza Briggs, Ph.D., is an Assistant Professor All nominations for eligible participants should be
are chosen based on a record of leadership and potential for of Public Policy at Harvard's Kennedy School. He is a former sent in writing to the Great Valley Leadership
future contribution. Each invited participant must be willing Assistant Secretary lor Policy Development and Research at Institute. Nominations should include the nominee's
to commit to full participation in the five day program, the U.S. Department of Housing and Urban Development, name, current elected position and contact
where he advised national leaders on regional problem- information, the nominator's name and title, and a
solving, smart growth, and affordable housing and brief statement of the qualities that the nominator
community development, believes qualifies this person for the program.
March 8, 2002
Ms. Renee Donato Nelson
11916 Borg Court
Bakersfield, CA 93306
Dear Ms. Donato Nelson:
I'm pleased to send you the official announcement of the first Great Valley Leadership Institute, to
be held at Tenaya Lodge near Yosemite, August 14-1.8, 2002. This is a groundbreaking program
with the uotential c.f.~trencrthenin~ pub!lc a~cieion-m~Vlng i,, our "~',,:~-' v~, ...... ~,~ ;,,, .... ,~,~.
nominating someone for this program.
The Great Valley Leadership Institute, a project of the Great Valley Center in cooperation with the
Kenneth L. Maddy Institute, will bring national quality leadership training to the Central Valley. The
faculty are from the John F. Kennedy School of Government at Harvard University, and they have
designed a stimulating curriculum tailored appropriately for local elected leaders. Our premier class
will include 30 city and county elected officials in the Central Valley from Bakersfield to Redding.
Participation in the Great Valley Leadership Institute (GVLI) is considered as an honor and
participants will be selected through a nomination process. A mayor, city council member or county
supervisor, who has served in office for at least one year, may be nominated by anyone from the
Central Valley region. All that is required is a letter with a statement of the elected official's
qualities that would qualify him or her for the program. The GVLI seeks high potential leaders and
nominations should reflect why the nominee is distinguished as a leader among peers. The premier
class will be selected from this pool of nominees to represent a balance of city and county officials
and cover the various parts of the Valley, and these nominations are due by April 26, 2002. Other
sessions will be offered in the future, in February and August of each year.
Details about the program and the nomination process are explained in the enclosed brochure. For
further information, please refer to www.csufresno.edu/maddy, email us at
dwhite'hurst@csufresno.eau or call us at the Maddy Institute at 559-278-5412.
Very truly yours,
Daniel K. Whitehurst, Director
Kenneth L. Maddy Institute of Public Affairs
California State University, Fresno
Gi~.AT VALLEY LEADERSHIIm INSTtTUT£
~NNETH L. MADD¥ INSTITUTE OF PUBLIC AFFAIRS
5340 NOP. Ttl CAMPUS DlllVE MIS SS19 Fazs~o, CALIi:OaNIA 93740 Pt~ONE (559) 278-5412 Fax (559) 278-5230
Advisory Board
.o.. Maria ^~e.ria GREAT VALLEY
City Council Member, Pinole
and Chair, Latino Caucus, League of California Cities
!
Terry Dugan
A National-Quality Program Education Director, League of California CitieSMaria Gutierrez INSTITUTE
General Manager, KFTV Channel 2 l-Univision, Fresno
Tailored to the Central Valley Hon. Gary Freeman
The Great Valley Leadership Institute (GVLI) provides Supervisor, Glenn County A Program o£ the Great Valley Center
training for already accomplished local elected Hon. Patrick Johnston . in partnership with the Kenneth L. Maddy
Former California State Senator (Stockton) Institute o£ Public Affairs at
officials who are nominated as having special Marry Linsky California State University, Fresno
potential for further growth and development. In John F. Kennedy School of Government, Harvard University
particular, the program provides an opportunity to: Hon. Trinidad Rodriguez
Mayor of Kerman
· Engage in a stimulating program about Hon. Charles Royer OUr Central Valley
is
national
a
leadership with a value base and develop Director, Urban Health Initiative, former mayor of Seattle
Hon. Valeriano Saucedo resource with great opportunities,
greater wisdom for decision-making Tulare County Superior Court Judge
but
it
a/so
faces
1..11~
· Become stronger stewards for communities, and ~o~,,,~,,~yo~o~U~d~y mdjor o~a.ensje$.
and more thoughtful, successful leaders Steves~.~ Giving local leaders the tools to
· Challenge assumptions and broaden perspectives Executive Director, California State Association of Counties
Elaine Trevino shape the future of the region is an
· Examine the ethical and professional Director of Exports, California Department of Food & Agriculture
responsibilities of leadership Mark Warm,ow important and worthwhile effort.
· Share ideas with and build a network among Senior Vice President, Bank of America
outstanding and diverse political figures from Hon. Daniel Whitehurst Senator Dianne Feinstein and
Maddy Professor, Kenneth L. Maddy lnstitute of Public Affairs, former mayor of San Francisco
throughout the region as well as with nationally CSU, Fresno, and former mayor of Fresno
recognized faculty Hon. Carol Whiteside
President, Great Valley Center and former mayor of Modesto
: : ':,~i:~':~.~ ~...~.
For more information, please contact:
G~X~AT VALLEY LEADERSHIP INSTITUTE
Kenneth L. Maddy Institute of Public Affairs
:>'
~At?,~,~..~. 5340 North Campus Drive MIS SS19
:.!"~;'"' ;- Fresno, California 93740 ;;'~:'~'
_~..,~,~: :,:i~..~.:.~e;~,~.~.,)~ ,.. phone (559) 278-5412 fax (559) 278-5230
,_?~'.~, '-:-:.. :, ',:~ 5~','-"?,r-Z~-.~;;~..,.~A~?~,~Gj~-~'.!i.~.. dwhitehurst@csufresno.edu
'?" :~w:.,..}:;7:, -;'.'~,' ',~,~i,';"- ' ':'
~,;,, ?,.~:¥,,v::,.v~t~_. ~.:.: [~ The Great Valley Leadersh/p Institute is funded by
L;""~L. '..:.~.,::=~"h ,..-: ..... Foundation, The W////am and F/ora Hew~err Foundation, and other
foundations and businesses interested in investing in the region.
Program Leadership skills are important at every level of government.
A break from daily routines. A retreat with respected Public service demands the best from each of us.
colleagues. An experience with first-rate faculty. The special
course is a five-day certificated program, running from Ruben Barrales, Deputy Assistant to the President and Director of the Office of
Wednesday evening through Sunday for a class of select Intergovernmental Atfairs, The White House, and former San Mateo County Supervisor
participants nominated by their colleagues and others.
The instruction is interactive and discussion-based, using casesl acultv Setting
and exercises to draw from the experiences and observations
of participants. Examples of discussion topics include: The Great Valley Leadership Institute has assembled The program is conducted at a first class conference center
· Exercising Leadership and Exercising Authority a nationally recognized faculty including: in the Sierra near Yosemite. The location allows
· Community Building Marty Linsky, GVLI Faculty Chair, is a full-time member of participants to travel up from the Central Valley floor for a
· Working with the Media the faculty at the John E Kennedy School of Government at change of scenery, a fresh perspective and time away from
· Thinking Ethically Harvard University as well as chair of the Program for Senior the pressures and demands of the office and hometown.
· Effective Negotiations Executives in State and Local Government. He is a trainer in participants as Honored Guests
· Creating and Nurturing Coalitions leadership, ethics, communications, and strategic planning The Great Valley Leadership Institute is a benefit and
· Leadership and Survival for a wide range of public and private sector clients in the reward to hard-working and dedicated local elected
· Building Your Legacy U.S. and abroad. He has been a journalistl a lawyer and officials. Program participants are honored guests and will
- · Personal Style Analysis and Inventory politician, having served as a Member and Assistant Minority receive lodging, meals, tuition and materials paid in full by
Leader of the Massachusetts House of Representatives. the Great Valley Center.
rartlglpants Saletta Boni, Ph.D., is a Managing Partner for Leadership Attendance should not create a financial hardship for participants,
The Great Valley Leadership Institute is designed for Consulting Associates based in New York, and is an and those who may benefit from special assistance should contact
elected officials who have served for at least one year in organizational psychologist focusing on the development of the Great Valley Leadership Institute for more information.
local government in the Central Valley: mayors, city council leadership and teams. Dr. Boni holds a faculty appointment
members, and county supervisors. Each class includes 30 at Columbia University and at Harvard's Kennedy School.
participants from. the Great Central Valley in cities from
Bakersfield to Redding. Participants must be nominated and Xavier de Souza Briggs, Ph.D., is an Assistant Professor All nominations for eligible participants should be
are chosen based on a record of leadership and potential for of Public Policy at Harvard's Kennedy School. He is a former sent in writing to the Great Valley Leadership
future contribution. Each invited participant must be willing Assistant Se(~retary for Policy Development and Research at Institute. Nominations should include the nominee's
to commit to full participation in the five day program, the U.S. Department of Housing and Urban Development, name, current elected position and contact
where he advised national leaders on regional problem- information, the nominator's name and title, and a
solving smart growth, and affordable hous ng and
. _ ~ ' ' ' brief statement of the qualities that the nominator
, ' community development ....
~,,~..:.:~~~ ' ~~,?~::~,.~ ~..~,,,.~., ' believes qualifies th~s person for the program.
~ . ~,;~.. . .., ..,... ! .... .
· ~,~ ~ ,,.. ~,..?.
. ..,, ........ · ,.., . . .....
.. .. ... ~ ~~ ~-~ ..;'~? ..... ., . ,..,~ ~.~ .... . .