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  Agenda Item   22.    
City Council Meeting
Meeting Date: 11/02/2021  
FROM: Bill Gallardo

Revisions to the Art in Public Places Policy Manual
Approve revisions to Brea's Art in Public Places Policy Manual and Adopt Resolution.
Established in 1975, Brea's Art in Public Places (APP) Program was the first Percent-for-Art Private Development Program in the state and has become a model for similar programs throughout the country. An APP Policy was first adopted via Resolution in 1988, later followed by the adoption of Ordinance No. 1050 in 2001, adding APP Program Requirements into the Brea Zoning Code (§ 20.408.040, subsection C.4.). Ordinance No. 1050 requires that, "all development projects are subject to the requirements contained in the most recently adopted or amended version of the Art in Public Places Manual."

The most recent revision to the APP Policy Manual was adopted via Resolution in 2013. The Policy requires development projects valued at $1,500,000 or more to install 3-dimesional, large-scale sculpture on-site, equivalent in dollar amount to one percent of the total project valuation. The Policy also provides guidance for proposed sculpture, installation requirements, sculpture ownership requirements, and the process by which sculpture gets approved by the Art in Public Places Advisory Committee. As a best practice, staff intended to regularly update this document to reflect changing trends, improved procedures, etc. 

As part of staff's process in recommending updates to the Policy Manual, input was collected from key stakeholders, including staff from the Community Development and Public Works departments, the APP Advisory Committee, the Cultural Arts Commission, Development Committee members and the City Attorney.

In addition to "clean up" language, the following three revisions are included for City Council's consideration: 1. Clarifying requirements for development projects with planned construction near an existing sculpture; 2. Clarifying requirements from applicants requesting an exemption from existing policies; and 3. Categorizing sculpture materials (bronze, corten steel, resins, etc.) as needing special consideration by the Committee prior to approval to ensure permanence, durability and theft-resistance. 

Further details about these key areas of revision are included below:

1. Clarifying Requirements for Development Projects with Planned Construction Near an Existing Sculpture
Current language exists regarding construction on properties with existing sculpture; however, with the repurposing of properties beginning to occur more frequently, staff and the APP Advisory Committee recommend adding language to ensure existing sculpture will be protected throughout any type of construction, as well as indicating construction may trigger additional review by City staff and/or the APP Advisory Committee. With the new language, a letter to City staff will be required of developers explaining the impact of construction, a timeline of those impacts, and efforts that will be taken to protect the sculpture. 

2. Clarifying Requirements for Applicants Requesting an Exemption from Existing Policies
This language was recommended by the APP Advisory Committee to aid in their regular review and approval of sculpture applications. The Committee has requested that any exemption requests be submitted in writing as part of sculpture applications, so the Committee can more easily process these requests.

3. Categorizing Certain Sculpture Materials as Needing Special Consideration
With the recent threat of theft against bronze sculpture in Brea, staff has facilitated numerous discussions with the APP advisory Committee on how to address the use of the material in the future. At the Committee and Commission level, staff received support to list bronze as a "Not Recommended" material, with the understanding bronze could still be used if an applicant could demonstrate its durability, permanence, and theft-resistance. 

Development Committee members commented that categorizing the material as "Not Recommended," was too strongly worded, and recommended an alternative category: "Materials Needing Special Consideration." Staff believes this suggested change in wording still addresses the concerns of the APP Advisory Committee and Cultural Arts Commission and captures the intent of how to process requests for the use of this material going forward. 
At their July 21, 2021, meeting the Art in Public Places Committee reviewed proposed changes to the Policy Manual and recommended for Cultural Arts Commission review. 

At their August 18, 2021, meeting the Cultural Arts Commission reviewed proposed changes to the Policy Manual and recommended for Development Committee review.

At their October 8, 2021, meeting the Development Committee discussed the proposed change to the Policy Manual and recommended for City Council approval.
No General Fund impact.
William Gallardo, City Manager
Prepared by: Jenn Colacion, Management Analyst
Concurrence: Chris Emeterio, Assistant City Manager and Carrie Hernandez, Community Services Manager
APP Policy Manual

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