Council Subcommittee Considers New Cultural Arts Fee Program

• Creation of Ordinance to be Discussed

BY BILL KOENEKER

The Malibu City Council’s Zoning Ordinance Revisions and Code Enforcement Subcommittee is scheduled to meet this week to discuss creating a public arts fee on 121 development.

Before the current council made certain efforts to reinvigorate the arts discussion, the previous council had started to bring something to the table.

In 2007, Councilmember Pamela Conley Ulich introduced the idea about creating a public arts and culture ordinance, according to the staff report.

Then at the end of 2007, Conley Ulich presented the council with a draft ordinance requiring the provision of public art or payment of an in lieu fee in conjunction with commercial construction in the city.

Later in 2008, the city council adopted a resolution or a zone text amendment to consider the addition of a new section to the municipal code regarding the creation of a public arts program and directed ZORACES to develop recommendations for the planning commission.

“Staff completed an extensive review of the public arts programs by other similar cities, including Dana Point, Carlsbad and Newport Beach. The original included all facets involved with implementing a public arts program such as types of projects that must contribute fees, how the total fee owed is assessed, how the artwork is selected and what permitting requirements are necessary for installation of art,” the staff report added.

Just recently, the current city council formed an ad hoc committee composed of Councilmembers Laura Rosenthal and Lou La Monte to further discuss formulation of a Malibu Arts Commission.

“After consultation with the ad hoc committee, staff has decided to move forward with only the implementation of a public arts fee at this time,” the report goes on to state. A more comprehensive ordinance focusing on all the facets of a public arts program (i.e. types of art desired, potential for donation of physical art rather than fee, permitting requirements, use of the fees that have been collected, etc.) will be put forward at a later time,” the report goes onto state.

Councilmember Laura Rosenthal at a city council meeting this week acknowledged the two prong approach and said she and Councilmember Lou La Monte would continue their fact finding mission on the arts and report back to the full council about what to put forward at a later time.

Planners said they found most cities apply a one percent fee on all new commercial development with the exception of Santa Monica, which applies the fees to not only commercial development, but larger commercial remodels or tenant improvements, as well as residential projects of five or more units.

ZORACES members were told there is much to talk about in terms of how to set up fees and how much to charge. The fee could be applicable to anyone or entity constructing or reconstructing a commercial building with a total construction cost valued at one million dollars.

The fee may have a value that equals or exceeds one percent. The public arts fee could be applied to projects with construction costs of a lower value than $2 million such as $250,000 or $500,000.

The subcommittee will also have a chart of how much commercial and residential property has been built over the years.

At a previous council meeting, City Attorney Christi Hogin reminded council members that by comparison to other cities, Malibu does not have much commercial build out left, thereby making a fee program vulnerable to a scarcity of funding.