2025-01-21 CC Item D18 - Cultural Development Program Administrative GuidelinesEL SEGUNDO CULTURAL DEVELOPMENT PROGRAM
ADMINISTRATIVE GUIDELINES
Approved by City Manager
June 2020
El Segundo Cultural Development Program Guidelines I Page 1
Updated October 2024
Table of Contents
I. El Segundo Cultural Development Program
A. History Page 3
B. Vision and Values Page 3
C. Goals Page 4
D. Program Management Page 4
II. Developer Obligation
Page 4
A.
Project Applicability and Exceptions
Page 5
B.
Procedures for Providing Art on Private Property
Page 5
C.
Application Procedures for Public Art Plan
Page 7
D.
Review and Approval of Public Art Plan
Page 8
E.
Deaccession Procedures
Page 9
F.
Challenged Decisions
Page 9
G.
Procedures for Paying In -Lieu Fee to Cultural Development Fund
Page 10
III. Cultural
Development Fund
Page 11
A.
Cultural Development Fund
Page 11
B.
Cultural Development Fund Public Art and Programming
Page 11
C.
Artist and Project Selection
Page 11
D.
Approval of Public Art and Programming Funded by the CDF
Page 13
IV. Appendices
Page 15
Appendix I — Definitions Page 15
Appendix II — Steps for Developers Page 16
Appendix III — Form A: Cultural Development Program Application Page 17
Appendix IV — Form B: Developer's Acknowledgement and Agreement Page 20
Appendix V — Public Art Plan Checklist Page 23
Appendix VI — Form C: Public Art Plan Application Page 25
Appendix VII — Form D: Public Art Maintenance Covenant Page 27
Appendix VIII — Form E: Programming Application Page 31
El Segundo Cultural Development Program Guidelines I Page 2
Updated October 2024
EL SEGUNDO CULTURAL DEVELOPMENT PROGRAM
A. History
On November 19, 2019, the El Segundo City Council adopted Ordinance No. 1594
amending Title 15 of the El Segundo Municipal Code establishing a Public Art or In -
Lieu Fee Requirement and a Cultural Development Fund. The requirement applies to
specific commercial and industrial developments with a project cost exceeding
$2,000,000.
The ordinance gives developers the option of commissioning public artwork on -site
equal to 1% of the project cost or paying the 1% to the City's Cultural Development
Fund in -lieu of commissioning artwork.
B. Vision and Values
Public art helps to improve the character and physical environment of El Segundo. It
promotes and enhances the general welfare by allowing community members to
experience and interact with artworks and art programming in an environment that
is open to all. Art and cultural services provided by the program create additional
public access to the arts, help drive tourism and revenue to local businesses,
contribute towards realizing cultural equity and inclusion, create opportunities for
artists and art organizations in the community, and help grow the creative economy.
The El Segundo Cultural Development Program indicates the City's commitment to
providing residential and business community members with public spaces,
structures, and experiences that enhance the character of the City through the
inclusion of art.
The Program's values are:
• Responsibility: Art that has long-term value and maintainability, is feasible
and justifiable, enhances community well-being and shows measurable
benefits to the city.
• Authenticity: Art that is true to artist, sponsor, and City, is respectful of
community history, embraces the vitality and character of the City, and is
integral with the City's future direction
• Intelligence: Art that evidences and inspires innovative thinking, merges art,
technology, and ecology, and is intellectually stimulating.
• Synergy: Art that draws strength from dualities, combines the familiar with
the challenging, melds personal expression with civic goals, and is
multifunctional and dynamic.
• Equity: Art that welcomes diverse viewpoints, is inclusive of all community
members, and delivers value for all stakeholders.
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Updated October 2024
C. Goals
The Cultural Development Program's goals are:
• Integrate arts and culture into City life — Weave art into the City fabric,
support school and adult art programs, and support artists in residence.
• Build a better city with art — Integrate creative concepts into capital
improvements, improve the "quality of place" throughout the City, and
bridge downtown, beach, and east of Pacific Coast Highway through art.
• Make El Segundo a prime tourist destination — Create landmark art
attractions, develop and nurture culture events, festivals, performances and
art fairs, and generate media exposure.
• Support local cultural institutions and artists — Support museums, theatres,
libraries, and performing arts groups, and foster new art by connecting
aspirations and community resources.
D. El Segundo Cultural Development Program Administration
The City Council designated the Arts and Culture Advisory Committee (ACC) to be
the formal body responsible for reviewing all Cultural Development Program
applications in coordination with City staff. The goal is to ensure that all applicants
meet program criteria, goals, and objectives.
1. The Building Official in the Department of Building and Safety is responsible
for determining Project Cost of the commercial or industrial development
and if a project is subject to the Cultural Development requirement.
2. Library Services staff is responsible for administrative processes for
reviewing developer art plans; updates to the Cultural Development
Program and related guidelines; implementing the Cultural Development
Program policies and practices; and reviewing and preparing reports for art
and programming funded by the El Segundo Cultural Development Program.
3. The ACC serves as the recommending body for review of public art and
programming funded by the Cultural Development Program.
4. The City of El Segundo's Finance Director administers the Cultural
Development Fund and the Finance Department collects payments for the
Cultural Development Program.
II. DEVELOPER OBLIGATION
The Cultural Development Ordinance requires specific commercial, industrial, and
mixed -use developments with a project cost exceeding $2,000,000 to provide
artwork on -site equal to 1% of the project cost or pay an equal amount to the City of
El Segundo's Cultural Development Fund in lieu of commissioning artwork. This
requirement does not apply to residential components of a mixed -use development
project.
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Updated October 2024
A. Project Applicability and Exceptions
1. Projects subject to the Cultural Development Program as stated in Section
15-34-2 of the El Segundo Municipal Code.
a. This chapter shall apply to all commercial and industrial projects
where the project cost exceeds two million dollars ($2,000,000.00).
2. The chapter does not apply to the following projects:
a. Any project which consists solely of rehabilitation work required for
seismic safety or to comply with government mandates, including
the American Disabilities Act of 1990 regardless of valuation;
b. The reconstruction of structures which have been partially damaged
or completely destroyed by fire, flood, wind, earthquake or other
calamity;
c. Any project constructed by a government agency which is
constructed on property exempt from taxation pursuant to
California Revenue and Taxation Code Section 214;
d. Residential components of a mixed -use development project;
e. Commercial and industrial development projects, or portion(s)
thereof, that are designed and dedicated to performing arts or
museum spaces, so long as the performing arts or museum spaces
are maintained within the building, provided the premises continue
to be dedicated as such. Acceptable facilities include museums,
theaters, performance arts centers, and other similar facilities.
B. Procedures for Providing Artwork on Private Property
The Cultural Development Program review process is a collaborative one,
intended to develop the best possible art for the project and the community
at large. The art must be an integral part of the development project and
the artist should be included as a member of the project design team.
Developers wishing to meet the requirements of the Cultural Development
Program by including art on the project site must develop a Public Art Plan
concurrently with the design and development phases of the building
project. On -site art must be original work, visible and accessible (as defined
by the ordinance), produced by a practicing artist, and compatible with the
building project site.
Artist and Artwork Selection. The developer is responsible for selecting the
artist(s) and artwork, provided both meet the program criteria set forth in
this policy.
Maintenance Requirements. The developer and/or property owner is
responsible for operating and maintaining artwork at all times in substantial
conformity with the condition the artwork was originally approved by the
City. This includes any landscaping and lighting associated with the artwork.
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Artwork shall be maintained as stated in the El Segundo Municipal Code
Section 15-34-6.
a. Maintenance of Artwork
i. Installed public artwork shall be maintained by the owner of
the site for the life of the building or structure
ii. If artwork is damaged beyond repair, destroyed, or stolen
the City body that approved the original artwork must
approve the proposed replacement of the artwork
iii. The artist shall provide maintenance instructions to the
owner of the site and specify the long-term care of the
artwork
iv. The removal of any artwork from the site is prohibited for
any reason without the City's prior written authorization.
The indefinite removal of an artwork from permanent
display whether or not the artwork is disposed, affects the
artist's right, and can carry serious legal consequences for
the property owner. An owner wishing to remove, modify,
destroy or in any way alter artwork must first seek the
artist's legal consent and must provide a compelling reason
for taking such action with the artwork. Request for removal
shall be submitted to the City Council or its designee for
consideration and approval, and consent from the original
artist. (See Deaccession section below.)
b. Non -maintenance of Installation
If the artwork required by this policy is altered, removed, not
maintained in good condition, or not provided as required by this
policy, the City of El Segundo may exercise any and all remedies
authorized by law, including revocation or suspension of any
discretionary permit, as described in ESMC Section 15-34-10.
3. Installation of Artwork
Artwork shall be installed prior to issuance of Certificate of Occupancy, or
otherwise agreed upon and approved by the Building Official and Library
Services Director. For phased developments, the artwork may be installed in
the final phase prior to issue of the Certificate of Occupancy.
4. Project and Art Valuation
The minimum art allocation for each project/development is equal to one
percent (1%) of the Project Cost as determined by the Building Official.
Value of the art shall be verified by a public art consultant, chosen from the
City's pre -selected public art consultant list.
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The one percent (1%) art requirement shall include both direct costs of the
artwork and direct expenses, such as:
a. Art valuation by public art consultant.
b. Consultation regarding art selection and purchase, and direct
administration thereof, not to exceed ten percent (10%) of the art
requirement.
c. Insuring the art, up to the time of installation.
d. Shipping or storage of the art, up to the time of installation.
e. Preparation of the site, and actual installation.
f. Other expenses, including waterproofing, lighting, structural
engineering, and additional structural support
Direct expenses may not, however, include maintenance of the installed
artwork and indirect administrative costs.
C. Application Procedures for Public Art Plan
An application for the Public Art Plan (placement of artwork on private
property) shall be submitted to Library Services staff and shall include:
1. Meeting with staff to review requirements, guidelines, and approval
process;
2. Completed application, budget breakdown, and other necessary forms;
3. A narrative description of the art plan with design concepts, public spaces,
urban design, exterior materials and finishes and project landscaping. The
narrative shall demonstrate that the artwork will be displayed in a public
space as defined in this policy;
4. Preliminary sketches, photographs, or other documentation with sufficient
descriptive clarity to indicate the nature of the proposed artwork and art
plan;
5. A resume and portfolio from the artist who will create the artwork;
6. An appraisal or other evidence of the value of the proposed artwork
including acquisition and installation costs;
7. Preliminary plans containing such detailed information as may be required
by the reviewing entity to adequately evaluate the location of the artwork
proposed, its compatibility with the proposed development project, and its
relationship to the goals and objectives of the Cultural Development
Program and City Specific Plans (the City reserves the right to discuss
placement of artwork with any appropriate City Department);
8. A written agreement executed by the artist who created the artwork, in
which he or she expressly waives all rights that may be waived under the
California Art Preservation Act, the Visual Artists Rights Act, or other
applicable state and federal laws;
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Updated October 2024
9. A written statement executed by the property owner and approved by the
City Attorney that requires the landowner of his or her successors and
assigns to defend, indemnify and hold the City harmless against any liability,
loss, damage, costs, or expenses arising from any claim, action, or liability
related to the artwork; and
10. A Pubic Art Maintenance Covenant stating that the property owner shall be
responsible for maintaining the artwork in the condition in which it was
approved.
D. Review and Approval of Public Art Plan
The Developer is responsible for meeting with Library Services staff to ensure El
Segundo Cultural Development Program requirements are met and the
application is complete. Staff will serve as the initial reviewer and will prepare a
report for Arts and Culture Advisory Committee review.
1. Completed application and budget breakdown shall be submitted for
consideration and approval of the artwork based upon the artwork's
conformity to the definition of artwork, its aesthetic quality and harmony
with the proposed project, location, and public accessibility.
2. The value of the proposed art shall be determined by a public art consultant
that is on the pre -selected list provided to the developer;
3. The ACC must approve the Public Art Plan.
4. Additional approval from the ACC is needed if significant changes are made
to the Public Art Plan.
5. Prior to requesting the issuance of a Certificate of Occupancy or other final
building approval, the developer will notify Library Services staff that the
Public Art is complete and request an on -site inspection.
6. Library Services staff will sign the Certificate of Occupancy after a successful
inspection of the on -site art work, the documentation of the art
expenditures has been received, an approved art plaque has been installed,
and the Public Art Maintenance Covenant has been successfully filed with
the LA County Registrar Recorder.
a. Developers must incorporate a plaque on or close to the work of art
which properly acknowledges the artist and the City's Cultural
Development Program. The City approved plaque must be 6" by 9"
in a weather resistant material. The plaque must identify the name
of the artist and the title of the piece (as approved by the artist), the
year of installation, and the following words "El Segundo Cultural
Development Program." Any additional wording must be approved
by City staff.
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Updated October 2024
E. Deaccession Procedures
It is the goal of the Cultural Development Program to maintain a high quality
Public Art Collection within the City of El Segundo. Art works commissioned
through the Public Art Program are considered a permanent part of the Public
Art Collection, as long as the work maintains its physical integrity, identity and
authenticity, and as long as it remains useful to the purposes of the City's
Cultural Development Program. When any of these conditions no longer
prevail, the ACC may consider removal of the artwork from public display and/or
deaccessioning the art.
1. The ACC will review deaccession requests and select one of the following
options: (i) request owner replace the deaccessioned artwork with a new art
work of equal value or (ii) the owner will enter into a new covenant with the
City to release the owner from the existing maintenance requirements for
the deaccessioned artwork.
2. The ACC retains the right to: (i) approve or deny a deaccession request, (ii)
institute a formal process for removing accessioned objects permanently
from the Public Art Collection; and (iii) approve or deny the request to
release the property owner from the public art covenant for on -site art
work.
3. Owner is responsible to notify the artist of the intent to remove the artwork
in accordance with the Visual Artists Rights Act and the California Art
Preservation Act.
F. Challenged Decisions
An Appeal Process is stated in the El Segundo Municipal Code Section 15-34-8.
1. Any person may seek review of a decision by either the Building Official or
the Arts and Culture Advisory Committee. Appeals of the Building Official's
decision must be made pursuant to Section 113.3 of the California Building
Code, as amended by Section 13-1-2 of the El Segundo Municipal Code.
2. Appeals of a decision of the Arts and Culture Advisory Committee must be
made by filing a written appeal with the City Clerk's Office within 10
working days of the Committee's decision and pay an appeal fee. The City
Council shall hold at least one hearing on the Arts and Culture Advisory
Committee's decision and the hearing shall be held within forty (40)
calendar days of the appeal request. The City Council may affirm, reverse, or
modify a decision of the Committee and the decision of the City Council
shall be final.
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G. Procedures for Paying the In -Lieu Fee to the El Segundo Cultural Development
Program Fund
As an alternative to the art plan and installation requirements of the Cultural
Development Program, a developer may choose to make a payment to the El
Segundo Cultural Development Program Fund in an amount equivalent to one
percent (1%) of the project cost as determined by the Building Official. All fees
must be paid to the El Segundo Cultural Development Program Fund before the
issuance of final building permits.
If the valuation of the project changes during construction, the fee shall be
adjusted accordingly. The balance of the fee, if any, shall be paid prior to final
building inspection.
Payment instructions follow.
Payments by mail (check only)
City of El Segundo Finance Department
REF: Cultural Development Program
350 Main Street
El Segundo, CA 90245
• Make checks payable to City of El Segundo
• Write your Planning and Building Safety Permit/Application# in the
memo
• Federal Tax ID# 95-6000706
Payments in person (cash, check, or credit card)
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
• Monday -Thursday 7 AM-5 PM and Friday 7 AM-4 PM
• Call for holiday hours (310) 524-2300
Payments via wire transfer
City of El Segundo (ART)
Account# 235126957
ABA/Routing 021000021
Please email remittance for proper payment posting to:
treasury@elsegundo.org
For questions regarding wire transfer, please call: (310) 524-2310
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III. CULTURAL DEVELOPMENT FUND
A. Cultural Development Fund
As an alternative to the art plan and installation requirements of the Cultural
Development Program, a developer may choose to contribute to the El Segundo
Cultural Development Program Fund in an amount equivalent to one percent
(1%) of the project cost. These funds are kept in the El Segundo Cultural
Development Fund, administered by the City of El Segundo's Director of
Finance.
B. Cultural Development Fund Public Art and Programming
The Cultural Development Fund shall be used to provide art in public places in
order to further the intent and purpose of the Cultural Development Program.
Expenditures of funds are limited to the following uses:
1. For the design, acquisition, commission, installation, improvement,
relocation, maintenance, conservation, restoration, utility charges, and
insurance of artwork;
2. To sponsor or support artistic or cultural services;
3. For the City's costs of administering the Cultural Development Fund and
associated programs.
The Fund shall also be used as a depository for monetary endowments,
bequests, grants, or donations made for public art purposes. Such sums may be
expended as set forth above.
The ACC will propose an annual budget to be considered and approved by the
City Council during the regular budget process. Recommended expenditure
categories will include funding for artistically enhanced capital projects,
permanent art, community experiences, grants, and project -based public art
consultants.
The City Council will approve the Cultural Development Program priorities and
annual budget as well as expenditures/contracts over $50,000, but not
individual art projects. This process may be adjusted in the future if needed.
C. Artist and Project Selection
The ACC, in coordination with City staff, shall determine procedures for
selecting artists, artwork, and public art programming supported with the El
Segundo Cultural Development Fund. Staff will assist in the selection of artists,
artworks, and proposals for consideration and approval.
The selection process for artwork and public art programming may include the
following depending on the scope of the project:
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1. Open competition;
2. Limited competition;
3. Invitation;
4. Direct purchase;
5. Donations; and
6. Any combination of the above
All decisions involving selection of an artist or group of artists for non -City
projects will involve a public process using one of these methods: Requests for
Qualifications (RFQ), Requests for Proposals (RFP), or Invitational Competition.
Proposals will be evaluated by a jury of ACC members, other community
members, and City staff using the criteria outlined in the Cultural Development
Ordinance, Administrative Guidelines, and project -specific Calls for Artists.
1. Requests for Qualifications (RFQ): This is the preferred method to be used
by the ACC to select the artist or group of artists. A short list of finalists will
be invited to interview and one artist and an alternate will be selected by
the jury. If the design process is sufficiently advanced that a context has
been established for the artists to respond to, each of the finalists may be
asked to develop a preliminary proposal, which will be evaluated during an
interview. If a preliminary proposal is requested, an honorarium will be paid
to the artists.
2. Requests for Proposals (RFP):
a. This method is appropriate for selection of artists where there is an
existing site or building or for projects with small budgets where
local artists are being targeted.
b. The City may issue an RFP requesting conceptual proposals and
detailing the proposal requirements. The respondents' proposals
will provide the jury members with an understanding of the artists'
thought process or approach. The ACC may choose to invite several
finalists to interview before making a final selection. Artists
responding to an RFP will not be compensated for proposals.
3. Invitational Competition:
a. This process may be appropriate in the case of complex projects
where a limited numbers of artists may be capable of successful
completion. It is also appropriate in a case where there are severe
schedule restrictions.
b. Based on the project requirements, submittal of qualifications or a
specific proposal may be requested. Invitational competitions may
also be conducted in two stages, with the first phase based on
qualifications and the second phase based on a proposal. Artists
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invited to develop proposals will be compensated in the same
manner as described in the RFQ process.
Final selection of artwork will be by a review panel and will take into account
the following:
• Frank discussions and thoughtful deliberations using the criteria and
guidelines approved in the Ordinance, Administrative Guidelines, and
Calls for Artists/Proposals
• Community representatives providing valuable information about what
artist's work and process are most suited to the community
• Decisions based on artistic distinction and best fit of artist and project
The ACC is committed to public outreach and engagement in the preliminary
phases of a public art project. Examples include:
• Visioning of the project prior to artist selection
• Interaction with the artist finalists prior to development of an artwork
proposal
• Initial introduction of a selected artist to the community
• Guided tours and visits to the project site
ACC members will not participate in agenda items or decisions in which they
have a financial interest. The City Attorney's Office will provide guidance when
questions arise.
D. Approval of Public Art and Programming funded by the Cultural Development
Fund
Public Art proposals to be funded by the Cultural Development Fund shall be
submitted to the Arts and Culture Advisory Committee and shall include:
1. Preliminary sketches, photographs, or other documentation with sufficient
descriptive clarity to indicate the nature of the proposed art plan.
2. A narrative description of the public art with design concepts, public space,
context, materials, finishes and project landscaping. The narrative shall
demonstrate that the artwork will be displayed in a public place as defined
in this policy.
3. An appraisal or other evidence of the value of the proposed art plan
including acquisition and installation costs.
4. Preliminary plans containing such detailed information as may be required
to adequately evaluate the location of the art proposed, its compatibility
with the site and proposed development project, and its relationship to the
goals and objectives of the Cultural Development Program and City Specific
Plans.
5. A resume and portfolio from the artist who will create the artwork.
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6. A written agreement executed by the artist who created the artwork, in
which he or she expressly waives all rights that may be waived under the
California Art Preservation Act, the Visual Artists Rights Act, or other
applicable state and federal laws.
7. The ACC shall consider each artist and proposed public art plan on a case -
by -case basis, and if necessary, with a recommendation from City staff.
Funding decisions for programming funded by the Cultural Development Fund
and not sponsored by the City will be handled in a way similar to public art
decisions. Support will be grant based and proposals will be evaluated by a jury
consisting of ACC and other community members as well as City staff.
Criteria for evaluating proposals may include artistic vision, qualifications and
experience, target audience, anticipated audience size, outreach plans, funding
requested, cost for people attending (should be free or low-cost for programs
on City property), and fit for El Segundo.
As used in the previous sentence, "Fit for El Segundo" means programming
should take into consideration the location and community and have some
relevancy to the City. It should highlight and/or relate to El Segundo's history
and neighborhoods, demographic groups, and major industries, have an arts
and culture component, and align with the City's values of equity and
inclusiveness.
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APPENDIX I
DEFINITIONS
1. Artist. An individual, team of individual artists, or team composed of a lead artist and other
individuals from other disciplines, whose body of work and/or professional activities
demonstrate serious commitment to the fine arts.
2. Artistic and Cultural Services. Performances and experiences, including but not limited to,
performing arts, literary arts, media arts, arts education, art events, temporary artworks, and
festivals.
3. Artwork. Original creations of art which is intended for and capable of being displayed outdoors,
including but not limited to, sculpture, murals, mosaic, fountains, artist -designed landscape
features, streetscape features and earthworks. These categories may be realized through such
mediums as steel, bronze, stained glass, concrete, wood, ceramic tile and stone, as well as other
suitable materials.
4. Commercial and industrial Development. Any project which results in the development of
property in any land use categories, except for single and multi -family residential projects
designed for long-term occupancy.
5. Development Project. Any development, including remodeling, which requires a building permit
or permits as described on the precise plan submitted for approval to the city.
6. Durable. Lasting, enduring, and highly resistant to deterioration due to weather or the passage
of time.
7. Nonprofit. An organization that is registered with the California Secretary of State as a 501(c)3
under the Internal Revenue Service tax code.
8. Project Developer. The owner, including its successor and assigns, of the subject property.
9. Project Valuation. The total value of a development project, as indicated on the building permit
or permits, and determined by the Building Official.
10. Public Accessibility. Artworks must be visible from a public right-of-way, by pedestrian or
motorists, twenty-four (24) hours of the day. The Arts and Culture Advisory Committee may
recommend approving exception to the 24-hour public accessibility requirement, provided that
the location is still accessible to the general public during normal business hours.
11. Public Art Plan. The Public Art Plan shall include detail of the artwork, including materials,
landscaping, lighting, programming, and public accessibility. In addition, the Public Art Plan shall
include details of installing and maintaining the work.
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APPENDIX II
• Obtain Cultural Development Application from Development Services
0 1 Department during plan check
1 Review Ordinance & Administrative Guidelines
• If project exceeds $2 million, choose an option (On -site Art or Cultural
Development Fund Contribution) within 90 days of plan submittal
• For On -site Art option, $75K or larger budget is recommended (consider hiring a
professional public art consultant too)
• Obtain 1 % Cultural Development Requirement from El Segundo Building Official
• Refer any questions regarding the program to the Cultural Arts Coordinator
• Submit Application to Development Services Department
O� A signed agreement with city is needed for either option prior to issuance of
building permit
• If contributing to Cultural Development Fund, submit payment to Finance
Department
• For On -site Art option, submit Public Art Plan to the Library Services Department
O� Be sure to include:
o Context within the project
o Artist Selection Process and Artist Qualifications
o Schematic Designs by Artist
o Budget Breakdown
o Art appraisal by pre -approved public art consultant
o Signed agreements with the artist and city, including provisions for long-term
maintenance of the art work
• Obtain Public Art Plan Approval by Arts and Culture Advisory Committee (ACC)
04 Once approval is received, proceed with project
• Contact the Cultural Arts Coordinator before making changes to the Public Art Plan
• Additional approval by the ACC is needed for significant changes
• Project Implementation & Closeout
OG For On -site Art option:
�J o Submit a Complete Record
o Install approved Art Plaque
o Complete successful On -site Inspection of Art with Cultural Arts Coordinator
To meet the Cultural Development Program requirement, final approval by
Community Services Director is needed to obtain Certificate of Occupancy.
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APPENDIX III
FORM A
CULTURAL DEVELOPMENT PROGRAM APPLICATION
Return the completed application to the
Department of Community Development within 90 days of plan submittal
The Cultural Development Ordinance requires specific commercial, industrial, and mixed -use
developments with a project cost exceeding $2,000,000 to provide artwork on -site equal to 1%
of the project cost or pay an equal amount to the City of El Segundo's Cultural Development
Fund in lieu of commissioning artwork. This requirement does not apply to residential
components of a mixed -use development project.
DEVELOPMENT ADDRESS: PROJECT VALUATION (obtain from Building
Official):
ESTIMATED DEVELOPMENT SIZE
(square feet):
APPLICANT/ARCHITECT:
ADDRESS:
PHONE: EMAIL:
OWNER:
ADDRESS:
PHONE: EMAIL:
Note: If the final project cost exceeds the estimated amount on the application, the 1%
requirement will be based on the higher valuation. Multiple building permits issued for a single
project site shall be considered in the aggregate in determining the Cultural Development
requirement.
1% of Project Cost: $
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Please choose one of the following options:
Placement of public art on -site
Payment of in -lieu fee to the Cultural Development Fund
Property Owner Signature:
DEPARTMENT OF COMMUNITY DEVELOPMENT
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
Date:
• Monday -Thursday 7 AM-5 PM and Friday 7 AM-12 PM and 2 PM-4 PM
IN -LIEU FEE PAYMENT OPTIONS
Payments by mail (check only)
City of El Segundo Finance Department
REF: Cultural Development Program
350 Main Street
El Segundo, CA 90245
• Make checks payable to City of El Segundo
• Write your Planning and Building Safety Permit/Application# in the memo
• Federal Tax ID# 95-6000706
Payments in person (cash, check, or credit card)
El Segundo City Hall
350 Main Street
El Segundo, CA 90245
• Monday -Thursday 7 AM-5 PM and Friday 7 AM-4 PM
El Segundo Cultural Development Program Guidelines I Page 18
Updated October 2024
Payments via wire transfer
City of El Segundo (ART)
Account 235126957
ABA/Routing 021000021
• Please email remittance for proper payment posting to treasury@elsegundo.org
• For questions regarding wire transfer, please call 310-524-2310
CONTACT INFORMATION
• Randy Niessen, Cultural Arts Coordinator, rniessen@elsegundo.org or 310-524-2707
• Neda Lyle, Building Official, nlyle@elsegundo.org or 310-524-2339
• Dino Marsocci, Deputy City Treasurer, dmarsocci@elsegundo.org or 310-524-2310
CULTURAL DEVELOPMENT PROGRAM WEBSITE
https://www.eIsegundolibrary.org/about-us/cultural-development-program-268521
El Segundo Cultural Development Program Guidelines I Page 19
Updated October 2024
APPENDIX IV
FORM B
CITY OF EL SEGUNDO CULTURAL DEVELOPMENT PROGRAM
DEVELOPER'S ACKNOWLEDGMENT & AGREEMENT
The City of El Segundo Cultural Development Program provides developers a way to make a
lasting and visible contribution to the community to mitigate impacts of development. The
Cultural Development Ordinance (Ordinance No. 1594) was adopted by the El Segundo City
Council in November 2019.
Projects valued at more than $2,000,000 must either:
(a) commission or acquire and install new artwork in a location on or in the vicinity of the
project site, with the appraised value of such artwork and any direct expenses as
described herein being equal to or exceeding one percent of the project cost; or
(b) pay to the City an amount equal to one percent of the project cost.
More details about the Cultural Development Program may be found in the ordinance and in the
administrative guidelines. Copies of these documents may be provided upon request.
ACKNOWLEDGMENT & AGREEMENT
I, as the developer or property owner for this project, agree to the following (check one):
I agree to pay to the City the 1 % in -lieu fee by: (date).
I acknowledge that the City will not issue a building permit for the project until the total fee has
been paid.
I agree to provide public art at the project site. Accordingly, I acknowledge and
agree to the following:
El Segundo Cultural Development Program Guidelines I Page 20
Updated October 2024
• If the undersigned is not the property owner, I agree to submit a letter from the
property owner, in a form acceptable to the City, acknowledging the property
owner's understanding and acceptance of this agreement.
I agree to submit an application for the Public Art Plan to the City's Library
Services staff by: (date). The application will
include preliminary plans that include the proposed location of the artwork and
any other documents reasonably required pursuant to the guidelines.
• 1 acknowledge that the Arts and Culture Advisory Committee shall review the
completed application for the Public Art Plan and approve, approve with
conditions, or deny the proposed artwork, and its proposed location, based on
the "Standards for Artworks" outlined in ESMC Section 15-34-6. The committee's
decision is subject to appeal pursuant to ESMC Section 15-34-9.
• 1 agree to fully comply with the City's Cultural Development Ordinance.
I acknowledge that the City will not issue a certificate of occupancy unless and
until (a) the application for the Public Art Plan has been approved, the artwork
has been installed at the project site, and the artwork complies with the Cultural
Development Ordinance and (b) the property owner executes and records with
the Los Angeles County Registrar -Recorder's office, a covenant regarding the
maintenance of the artwork, as required by Section 15-34-7.
• I, along with my successors and assigns, agree to defend, indemnify and hold
harmless the City of El Segundo, and its officers, volunteers, employees and
representatives, from and against any liability, loss, damage, costs, or expenses
arising from any claim, action, or liability related to the artwork.
Project Name:
Project Description:
Owner:
Developer:
Project Location:
Phone:
Phone:
El Segundo Cultural Development Program Guidelines I Page 21
Updated October 2024
Address:
Estimated In -Lieu Fee (if applicable):
Email:
attest to the fact that I have read and understand, and agree to be bound by, the requirements
of City of El Segundo's Cultural Development Program as a condition of approval of my Project.
I further understand and agree that once I have submitted this acknowledgement and
agreement form to the City, that the agreement is irrevocable, the selection made above cannot
be changed and that any amounts paid to the City of El Segundo pursuant to this form are non-
refundable.
Signature:
Date:
El Segundo Cultural Development Program Guidelines I Page 22
Updated October 2024
APPENDIX V
PUBLIC ART PLAN CHECKLIST
Please submit the following application materials to the City of El Segundo Library Services Department.
Staff must receive all application materials prior to scheduling a review meeting with the Arts and
Culture Advisory Committee.
1. Public Art Plan Application
2. Artist statement, describing artist's style, artistic concept and content, relationship between
proposed artwork and the project. The developer should explain to the Arts and Culture Advisory
Committee why the proposed work was chosen and how it will enhance the development,
complement the existing Cultural Development Program, and engage public viewing and comments.
3. Current and complete curriculum vitae of artist, including slides, photographs, and other collateral
of past works.
4. Site plan of the development, including the following:
a) Proposed placement of the artwork
b) Distance in measurement between the artwork and public streets
5. Photographs or computer enhanced design of the site, which clearly shows the sculpture in relation
to the site/building, as the public at ground level would see it. Please make to scale.
6. Landscape plan, including the locations(s) and types(s) of trees and shrubbery, in relation to the
artwork.
7. Lighting plan for artwork, specifying location, number, and type of fixtures to be used.
8. Drawing or maquette(s) of the proposed artwork. The maquette may be brought to the review
meeting.
9. Sample materials or finished of the proposed artwork.
10. Installation design of the proposed artwork, stamped by a licensed Structural Engineer, certifying
the art as structurally sound, safe, and durable.
11. Edition number of the proposed work (if part of a limited edition series) and locations of all other
pieces in the series.
12. Budget breakdown including artist fees for design concept, materials, fabrication, transportation,
installation, and art consultant fees. The total budget should equal or exceed the minimum 1% art
allocation.
El Segundo Cultural Development Program Guidelines I Page 23
Updated October 2024
13. The artist's maintenance instructions for routine and long-term preservation. The instructions may
be amended as needed, pending the results of the final review.
14. A written agreement executed by the artist who created the artwork, in which he or she expressly
waives all rights that may be waived under the California Art Preservation Act, the Visual Artists
Rights Act, or other applicable state and federal laws.
15.A covenant stating that the property owner shall be responsible for maintaining the artwork in the
condition, which it was approved.
El Segundo Cultural Development Program Guidelines I Page 24
Updated October 2024
APPENDIX VI
FORM C
CULTURAL DEVELOPMENT PROGRAM PUBLIC ART APPLICATION
Return the completed application to the Cultural Arts Coordinator
Date Submitted:
Project Name:
Development Location/Address:
Developer: Contact Person:
Address:
Phone: Email:
Property Owner:
Address:
Phone: Email:
Artist:
Address:
Phone: Email:
Title of Art Plan:
Minimum Art Allocation:
Location of Art: (please be specific)
Description of Art Plan:
Dimensions:
Media:
Landscaoe Descri
Lighting Description:
Distance between Public Art and Public Street:
El Segundo Cultural Development Program Guidelines I Page 25
Updated October 2024
Installation Date:
Dedication/Unveiling Plans:
BUDGET
Artist/Design
$
Artwork Material
$
Art Consultant (if applicable, not to exceed 10% of requirement)
$
Insurance
$
Transportation of Artwork
$
Structural Engineering
$
Lighting/Electrical (for artwork only)
$
Water related expenses (if applicable)
$
Art Appraisal (consultant must be selected from City list)
$
Installation of Artwork (include site preparation)
$
Other Expenses (please list)
$
1.
2.
3.
TOTAL:
$
The total should equal or exceed the minimum 1% art allocation for the project.
RECREATION, PARKS & LIBRARY DEPARTMENT
350 Main Street
El Segundo, CA 90245
CONTACT INFORMATION
• Randy Niessen, Cultural Arts Coordinator, rniessen@elsegundo.org or 310-524-2707
CULTURAL DEVELOPMENT PROGRAM WEBSITE
https://www.eIsegundolibrarV.org/about-us/cultural-development-program-268521
El Segundo Cultural Development Program Guidelines I Page 26
Updated October 2024
APPENDIX VII
19. D
PUBLIC ART MAINTENANCE COVENANT
(pursuant to El Segundo Municipal Code § 15-34-6)
THIS PUBLIC ART MAINTENANCE COVENANT is entered into , 202_, by and between
("Property Owner") and the City of El Segundo, California ("the City').
RECITALS:
1. Property Owner owns that certain real property located at
in the City
("the Property') and more particularly described by Exhibit "A" attached hereto and
incorporated herein by this reference.
2. On or before the date of this Covenant, Property Owner engaged in development activity on
the Property that was subject to El Segundo Municipal Code (ESMC) Chapter 15-34, entitled
"Cultural Development."
3. With City approval and in accordance with ESMC Chapter 15-34, Property Owner acquired
and placed at the Property the artwork described and/or depicted on Exhibit "B" attached
hereto and incorporated herein by this reference ("the Artwork").
4. ESMC Section 15-34-6(C) requires, among other things, that Property Owner execute and
record a covenant acceptable to the City for maintenance of the Artwork. The parties intend
for this Covenant to satisfy that requirement.
COVENANTS:
1. Property Owner shall preserve the Artwork in good repair and in a safe, functional,
accessible and clean condition, all in a manner acceptable to the City, and in accordance
with the Artist's maintenance instructions, as applicable.
El Segundo Cultural Development Program Guidelines I Page 27
Updated October 2024
2. Property Owner shall not deface, mutilate or alter the Artwork nor knowingly allow other
persons to do so.
Property Owner shall secure and maintain insurance applicable to the Artwork sufficient to
protect it against damage or loss from fire, theft, vandalism, and all other insurable
occurrences typically covered by an all-risk policy, in an amount to be determined by the
City's Risk Manager but not to exceed the reasonable estimated replacement cost of the
Artwork.
4. Property Owner shall not move the Artwork from its present location at the Property, as
depicted in Exhibit B attached hereto, without the City's prior written approval.
5. Property Owner grants the City an irrevocable license to photograph and otherwise make
two-dimensional reproductions of the Artwork and to use such reproductions for
commercial and noncommercial purposes as the City sees fit.
6. Within a reasonable period of time following a request by the City, Property Owner shall
allow the City and its authorized agents access onto the Property for the purpose of
inspecting and photographing the Artwork and ensuring that Property Owner is meeting its
obligations under this Covenant.
7. In the event repair of the Artwork is required, the artist who created it shall be given the
first opportunity to do that work for a reasonable fee. In the event the artist is unable or
unwilling to do so, the City or the Property Owner may proceed to contract for such repair
with another qualified artist.
8. In the event the City declares the Artwork a public nuisance pursuant to the El Segundo
Municipal Code, the Property Owner must promptly abate the nuisance.
9. This Covenant shall be recorded in the official records of Los Angeles County and shall run
with the land described herein as the Property, binding and/or benefiting the parties'
respective successors in interest, including but not limited to any purchasers, heirs,
devisees, transferees, assignees, tenants, grantees, trustees, and beneficiaries. Should any
court find this Covenant unenforceable at law, the parties intend that it be enforceable in
equity.
10. To the extent reasonably possible, Property Owner shall provide actual notice of the
Covenant to any successors in interest. Failure of Property Owner to provide actual notice
shall not preclude enforcement of this Covenant against anyone who receives constructive
notice.
El Segundo Cultural Development Program Guidelines I Page 28
Updated October 2024
11. This Covenant shall be governed by the laws of the State of California.
12. No modification of this Covenant shall be valid unless made in writing and signed by both
parties hereto.
13. No waiver of performance by any party shall be construed as or operate as a waiver of any
subsequent default.
14. Should any action or proceeding be brought to enforce the terms of this Covenant, the
prevailing party shall be entitled to reasonable attorney's fees and costs.
15. Property Owner agrees to defend, indemnify, protect and hold City and its agents, officers
and employees harmless from and against any and all claims asserted or liability established
for damages or injuries to any person or property, including injury to Property Owner's
employees, agents, officers or invitees, which arise from or are connected with or are
caused or claimed to be caused by the acts or omissions of Property Owner and its agents,
officers or employees, as a result of any act or obligation of Property Owner arising out of
this Public Art Maintenance Covenant, and all expenses of investigating and defending
against same; provided however, that Property Owner's duty to indemnify and hold
harmless shall not include any claims or liability arising from the established sole active
negligence or willful misconduct of the City, its agents, officers or employees.
EXECUTION:
This Covenant shall be deemed executed as of the date first above written. The undersigned parties shall
acknowledge their respective signatures before a California notary.
PROPERTY OWNER
By:
CITY OF EL SEGUNDO
By:
El Segundo Cultural Development Program Guidelines I Page 29
Updated October 2024
[PROPERTY OWNER'S AND CITY'S SIGNATURES MUST BE NOTARIZED]
APPROVED AS TO FORM:
City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
EXHIBIT `B"
DESCRIPTION OR DEPICTION OF ARTWORK
El Segundo Cultural Development Program Guidelines I Page 30
Updated October 2024
APPENDIX VII
FORM E
PROGRAMMING APPLICATION
(Note: City staff may adapt this application for specific programming sponsored or supported by the
Cultural Development Fund.)
• Organization Name (if applicable)
• Contact Person Full Name
First Name I Last Name
• E-mail *
• Organization website
• Phone Number
-Area Code Phone Number
• Address *
Street Address
City
State /
Province
Postal / Zip
Code
• Proposed Location *
I J
• Title of Program
The name of your program in 8 words or less.
• Please describe your program in detail. *
El Segundo Cultural Development Program Guidelines I Page 31
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Use this space to completely describe your program.
• Who is the target audience for your program? *
• Anticipated Audience Size *
• How do you plan to reach out to potential audiences? (List type of outreach and potential audience from
each source; Le, Facebook: 1000 fans, Email list: 250 people)
• What is the time frame for starting and completing the project or program? *
Projected/desired dates) for the program.
Are you requesting funding from the Cultural Development Program to present the program? (Please
note: There is limited funding available and a secondary funding application may be necessary to
approve funding requests. Funding, if provided, is intended to support the actual creation of art or
necessary costs associated a successful event, and not for auxiliary costs.) *
O Nor Yes
• Will there be a fee or ticket cost for people attending? (Charging is generally not allowed for programs
on City property and/or sponsored by the Cultural Development Fund, and require additional approval
from another body) *
f No(— Yes
• Organization History *
El Segundo Cultural Development Program Guidelines I Page 32
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Provide a brief history and description of what the artist/organization does (mission and primary
programs).
• Describe the organization's relationship to El Segundo and/or its communities. *
You may include a link to any supporting documentation here (i.e., a film clip, event program pages,
etc.)
• You may upload any supporting documents or pictures that you would like the committee to see here in
a single scanned file. If you are proposing an exhibit you should upload a list and images of all of the
images you are proposing.
Upload a File
• Please note, if your program involves a book, a hard copy must be submitted for the Committee to
review. Hard copies may be dropped off or mailed to:
City of El Segundo, Attn: Aly Mancini, Recreation, Parks & Library Director
350 Main Street
El Segundo, CA 90245
Please make sure your name, email address and the name of your proposed program are on the book.
If you a proposing an exhibition, it is important that the Arts and Culture Advisory Committee has a
chance to see all (or at least most) of the actual images that are proposed as part of the exhibit. Please
upload a single file in the field above with all of the images.
Exhibitions intended for the City of El Segundo facilities should take into consideration the location and
community served and have some direct relevancy to the City of El Segundo. As such, the Arts and
Culture Advisory Committee includes the following criteria in considering potential exhibits.
• Highlight and/or relate to aspects of El Segundo's history and neighborhoods
• Highlight and/or relate to El Segundo's major demographic groups and major industries
• Align with the City of El Segundo and Arts and Culture Advisory Committee's support for equity
and inclusion
El Segundo Cultural Development Program Guidelines I Page 33
Updated October 2024