Loading...
HomeMy WebLinkAbout09 GIFTED PUBLIC ART POLICYMEETING DATE: MAY 17, 2016 TO: JEFFREY C. PARKER, CITY MANAGER'" " FROM: DAVID A. WILSON, DIRECTOR OF PAR S AND RECREATION SUBJECT: GIFTED PUBLIC ART POLICY SUMMARY: Consider attached Public Art Policy concerning reviewing, accepting, or rejecting public art projects proposed to be gifted to the City. The policy also describes procedures regarding, installation, maintenance, and removal of public artwork. RECOMMENDATION: That the City Council adopt Resolution No. 16-32 adopting a Gifted Public Art Policy. FISCAL IMPACT: It is anticipated that the City will incur nominal expenses related to staff time and maintenance, depending on the specifications of each public art piece accepted and installed on City owned or managed property. CORRELATION TO STRATEGIC PLAN: The Gifted Public Art Policy is in accordance with Goal A of the City of Tustin Strategic Plan to enhance the vibrancy and quality of life in all neighborhoods and areas of the community. BACKGROUND AND DISCUSSION: Public art can contribute to the cultural and economic benefit of the Tustin community and enhance the quality of life in the city. It is anticipated in the future that non-profit organizations and individuals will desire to gift art pieces to the City for the purposes of public display on City owned or managed property. For the purposes of the policy, artwork is considered paintings, sculptures, mosaics, Parks and Recreation May 17, 2016 Page 2 works, or designs in any media created for the purpose of expression. Artwork considered to be gifted to the City must be free and clear of any liens or attachments. The proposed Gifted Public Art Policy provides processes and procedures that will allow the City of Tustin to review and evaluate proposed gifted artwork for the purpose of accepting or rejecting the art piece. According to the policy, if artwork is accepted and installed it becomes the City's property. Attachments: Art Policy Resolution 16-32 Public Art Application - Art Policy Public Art Policy RESOLUTION NO. 16-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE GIFTED PUBLIC ART POLICY WHEREAS, To enhance the quality of life in the community, the City of Tustin intends to review, accept, or reject public art projects gifted to the City, and; WHEREAS, the Parks and Recreation Services Department has presented a Gifted Public Art Policy that provides processes and procedures that will allow the City of Tustin to review and evaluate gifted artwork for the purposes of accepting or rejecting the art piece, and; WHEREAS, the Gifted Public Art Policy also describes procedures regarding installation, maintenance, and removal of public artwork, and; WHEREAS, artwork considered to be gifted to the City must be free and clear of any liens or attachments, and; WHEREAS, for the purposes of the policy, artwork is considered paintings, sculptures, mosaics, works, or designs in any media created for the purpose of expression and public display, and; WHEREAS, once gifted artwork is accepted and installed by the City of Tustin, it becomes the City's property. NOW, THEREFORE, BE IT RESOLVED that the Gifted Public Art Policy presented by the Parks and Recreation Services Department is hereby approved as the policy for reviewing, accepting or rejecting, maintaining, installing and removing, public art projects proposed to be gifted to the City of Tustin. PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 17th day of May 2016. John Nielsen, Mayor ATTEST Erica N. Rabe, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 16-32 Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 16-32 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 17th day of May 2016 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Erica N. Rabe, City Clerk CITY OF TUSTI H Q�VtKS & RIECREA-rio, 4 "MaKlnp a Difference In Tustin' Proposal Details Working Title Artist(s) Name Year Completed Dimensions (HxWxD) Preferred Project Installation Date (approximate) Physical description of the proposed piece (significance, etc.) Is this piece one of a kind? Is the piece completed? Proposed Location Address What is your rationale for desiring this site (historical reason, etc.) Why do you wish to donate this art piece to the City of Tustin? ,Appikant Details Contact First & Last Name Organization Name (if applicable) Type of Organization (if applicable) Phone Number Email Address Postal Address Website Address (if relevant) Describe how the artwork is constructed / made. Support with attachments as listed at the end of this application. How is the artwork to be properly installed? Support with attachments as listed at the end of this application. Does this piece require plumbing, electrical, or other utility hookups? If so, describe and support with attachments as listed at the end of this application. CITY OF TUSTI H Q�VtKS & RIECREArio, 4 "Makin? a Difference In Tustin' What is the expected lifetime and staying power of the material(s) used in creating the artwork? What maintenance will this piece require and how often? Please identify any specific maintenance procedures and / or equipment and associated costs. What precautions have been taken to guard against vandalism? What steps have been taken to insure that the piece will not be a safety hazard? Value of Artwork $ Permits $ Structural Engineering $ Site Preparation $ Insurance for Moving / Siting the Piece $ Electrical / Plumbing / Utility Hookup $ Delivery of Artwork to Site $ Artwork Installation $ Signage $ Recognition $ Other $ Total Expenses $ When was the piece last appraised? By whom? What is the value of the piece as currently appraised? What is your timeline? Identify the different stages, steps, and date goals to prepare the piece for donation. CITY OF TUSTI H Q�VtKS & RIECREA-rio, 4 "MaKlnp a Difference In Tustin' Are there any covenants, requirements, or restrictions that come with the piece? What expectations do you have for the City of Tustin in accepting this piece? Community Involvement Do you have support from the community in creating this piece? Do you have the support of the surrounding community for the proposed site? Please identify who in the community has been contacted, how the community was contacted, and what their response was. Please attach any letters of support. ❑ An artistic resume and / or bio of the artist(s) who created the proposed artwork ❑ Three to five clean and clear images of the proposed artwork ❑ Scale drawing and / or model(s) of the proposed artwork (if applicable) ❑ If you have a site in mind, please include a photograph and description of the site(s) and include a scaled drawing or digital rendering that illustrates the proposed piece sited in this location ❑ A copy of a formal appraisal of the proposed piece or an estimate of value ❑ Technical specification that indicates the construction and installation details for the piece. If applicable, drawings should be reviewed and approved by a structural engineer. RETURN APPLICATION AND SUPPORTING DOCUMENTATION TO: City of Tustin C/o Director of Parks and Recreation Services 300 Centennial Way Tustin, CA 92780 City of Tustin Gifted Public Art Policy 1. General Purpose: Public art can contribute to the cultural and economic vitality of the Tustin community and enhance the quality of life in our City. The purpose of this policy is to provide a process through which the City of Tustin can accept or deny gifted artwork. It is the policy of the City of Tustin, as a form of government speech, to accept, deny, display, maintain, and remove public art on City -owned or managed property consistent with the procedures outlined below. Scope: This policy provides procedures for City responsibilities beginning with submission, evaluation, acceptance, or denial of public art, installation, and maintenance, and if necessary, the removal of public art. Definition: The definition of gifted public art in relation to this policy is existing or created artwork that will be given free and clear of any liens to the City to be displayed for the enjoyment of the citizens. Artwork can be considered physical paintings, sculptures, mosaics, works, or designs in any media created for the purpose of expression. 2. Procedures The Community Services Commission will evaluate all artwork that is proposed to be gifted to the City of Tustin. The Commission will make future recommendations to the City Council for final acceptance or rejection. All gifted artwork requires adherence to the following evaluation and selection procedures. A.) Application and Letter of Interest The donor of the proposed artwork shall complete a Gift Proposal Application and provide a Letter of Interest to the Director of Parks and Recreation Services or his/her designee. Information required during this initial phase will be: a.) Description of Artwork/Media b.) Specifications and Dimensions c.) Materials and Finishes d.) Colors e.) Electrical or Plumbing Requirements 1 f.) Construction and Installation Method g.) Depiction of Artwork (Drawing/Picture) h.) Budget i.) Location/Site Plan j.) Timeline B.) Presentation to the Community Services Commission If applicable, the donor will be scheduled to present a proposal of the gifted artwork to the Community Services Commission as an agenda item at a regular meeting of the Commission. The donor is expected to present the actual artwork, a model of the artwork, or scale drawings of the proposed piece. If it is not possible to bring the actual artwork for review, a photograph of the artwork may be used. The Community Services Commission will review the proposal, consider the presentation, and make a recommendation at the subsequent meeting. If the proposal and presentation does not provide the Commission sufficient information to make a recommendation, the Commission may postpone the recommendation until further information is provided. The following criteria shall be used by the Community Services Commission to review and evaluate the acceptability of the proposed artwork: • Aesthetics — It shall be deemed to be an artwork of lasting aesthetic value. • Quality — There is inherent quality in the artwork itself. • Style — An artwork shall be compatible in scale, materials, form, and content with its surroundings. • Permanence — Due consideration shall be given to structural/surface soundness, resistance to theft, vandalism, weathering, and excessive maintenance repair costs. • Public Liability — Each artwork shall be examined and approved for safety conditions and factors which may related to public liability. • Feasibility — Each artwork shall be reviewed for realistic completion and installation. • Duplication — To assure the artwork is original and will not be duplicated, the artist shall warrant the artwork as unique and an edition of one, unless stated to the contrary. The following criteria and factors will be considered for proposed placement of the artwork: • Visibility K • Lighting • Public Safety • Impact to facility and programs • Traffic (interior, exterior, foot, and auto) • Location (relationship to facility, architecture, and natural setting) • Future development plans of facility and area • Impact on community and neighborhood • Installation and maintenance C.) Review and Recommendation of the City Council The City Council will review and consider the recommendation of the Community Services Commission regarding the gifted artwork. A final decision shall be made by the City Council to accept, delay, or reject the gifted artwork. D.) Installation and Maintenance: If the artwork is accepted by the City Council and installed on City property, it becomes the responsibility and property of the City of Tustin. Installation of the artwork is the responsibility of the participating artwork sponsor/organization unless otherwise determined. A plan of installation and timeline must be submitted to the Director of Parks and Recreation Services or his/her designee prior to permission being granted for installation. Installation may be supervised by City employees or their designees. All damage to the City facility during installation is the responsibility of the artwork donor and/or artist. Artwork shall be installed and sited on City owned or managed property in a manner that ensures public access, including ADA access. Artwork will be installed to the satisfaction of the City of Tustin and its officials. City insurance requirements must be met prior to commence of installation of artwork. Routine maintenance of the artwork after installation will be the responsibility of the City of Tustin. E.) Removal of Artwork: (if necessary) The following may be grounds for the City to remove the artwork from City owned or managed property. The City reserves the right to remove the public art at its own discretion. 1.) Theft — A piece of the artwork was stolen from its location and cannot be retrieved. 3 2.) Damage Beyond Reasonable Repair — The public art has been damaged beyond repair, damaged to the extent that it no longer represents the artist's intent, or damaged to the extent that the expense for restoration and repair are found to equal or exceed current market value of the public art. This determination will be made by the Director of Parks and Recreation Services or his/her designee with input provided by the artist, if possible. 3.) Site Alteration — For site -integrated or site specific works of art, the site for which the public art was specifically created, is structurally or otherwise altered and can longer accommodate the public art, is made publicly inaccessible as a result of new construction, demolition, or security enhancement, or has its surrounding environment altered in a way that significantly and adversely impacts the public art. 4.) Safety — There is a documented history of incidents that show the public art is a threat to public safety. 5.) Excessive Maintenance — The public art requires excessive maintenance. This determination will be made by the Director of Parks and Recreation Services or his/her designee with input provided by the artist, if possible. 6.) Comparable Quality — The public art is inferior quality as related to the quality of other nearby works or the quality of the artwork has eroded over a period of time. A notice will be issued to the artist and artwork sponsor/donor regarding the reason and proposed date of the public art removal. Removal Options: o Directly returned back from the City of Tustin to the artist or art donor. o Sale through a public auction or direct bidding by individuals. Any revenue generated from such a sale will be directed to the budget of the Director of Parks and Recreation Services to be used for programs of public benefit. o Destruction of artwork and recycling of materials comprised of the public art. rd I nterpretation/Policy This policy supersedes all previous policies or Memos of Understandings covering the same topic. This policy may be reviewed and amended by the City. Questions concerning the interpretation of application of this policy should be directed to the office of the Director of Parks and Recreation Services Department. k,