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Home My WebLink AboutRPC Agenda 2004-09-22 SEAL BEACH PARKS AND RECREATION COMMISSION Wednesday, September 22,2004,6:00 p.m. Meeting Place: City Manager's Conference Room I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA (By motion of Commission) V. ORAL COMMUNICATION At this time, members of the public may address the Commission regarding any items within the subject matter jurisdiction of the Commission. Pursuant to the Brown Act, the Commission cannot discuss or take action on items not on the agenda unless authorized by law. Matters brought before the Commission that are not on the agenda may, at the Commission's discretion, be referred to staff or placed on the next agenda. VI. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Parks and Recreation Commission, staff or the public request that a specific item be removed from Consent Calendar for separate action. 1. Minutes of May 26, 2004 (Approve) 2. Minutes of June 23, 2004 (Receive and File) 3. Resignation of District One Commissioner (Receive and File) VII. AGENDA ITEMS 1. Founder's Day Committee Planning (Discuss) 2. Public Art Policy (Receive and File) 3. Update on Skate Park (Receive and File Oral Report) VIII. MANAGER'S REPORT - Informational items 1. Introduction of New Commissioner-District 4 IX. COMMISSION CONCERNS X. ADJOURN (Next meeting - October 27,2004 at 6:00 p.m.) The City of Seal Beach complies with Americans With Disabilities Act of 1990. If you need assistance to attend this meeting, please telephone the City Clerk's Office at (562) 431-2527 at least 24 hours in advance of the meeting. Thank you. SEAL BEACH PARKS AND RECREATION COMMISSION Minutes of May 26, 2004 meeting I. CALL TO ORDER Called to order by Chair. II. PLEDGE OF ALLEGIANCE III. ROLL CALL Present: AnnaBeth Goering, Rickie Layman, Dona Smith, Shelly Sustarsic, Carla Watson IV. APPROVAL OF AGENDA (By motion of Commission) Agenda approved as submitted. V. ORAL COMMUNICATIONS None submitted. VI. CONSENT CALENDAR 1. Minutes of April 28, 2004 minutes Consent calendar was approved as submitted. VII. AGENDA ITEMS 1. Founder's Day Committee Planning Carla Watson chaired the planning committee discussion. The following items were discussed. . Emily Frazier has agreed to participate on the committee. · June Yotsuya discussed updating the old logo to reflect 2005. Ms. Watson will see if she can find the originals. · Ms. Yotsuya will ask Kathleen McGlynn regarding storage of past year's parade banners, etc. · Entertainment was discussed. Dona Smith stated that Leisure World has several entertainment groups, including their Theater that would participate. Discussed having Kathleen McGlynn check with California State University at Long Beach's music department for band groups willing to play at Founder's Day. · Carla discussed continuing to reach out to the community for more volunteers, establishing subcommittees and chairs, and then having only the various chairs attend future meetings. Ann Tuler will assist in fundraising. Agenda Item JJf.... I 2. Proposal to Add Vending Machines at Arbor Park Ms. Yotsuya presented a brief overview of the request to install two vending machines at Arbor Park. Coca Cola Company would supply the funding for installation of electrical conduit, concrete pad and partial fencing around vending machines. The company would also be responsible for maintenance of the machines. A percentage of sales would be use to support improvements to the dog park. If approved, the City would issue a permit for construction and placement of vending machines, and monitor the usage. The Commission recommended approval of the vending machines with the following concerns - the program should be closely monitored, and if there are any problems with maintenance, vandalism, etc. or the usage is low, the machines should be removed. VIII. MANAGER'S REPORT - Informational items None submitted. IX. COMMISSION CONCERNS None submitted. X. ADJOURN Meeting adjourned to June 23, 2004 at 6:00 p.m. SEAL BEACH PARKS AND RECREATION COMMISSION Minutes of June 26, 2004 meeting Meeting canceled for lack of a quorum. 121'" ? Agenda Item _ ~ AGENDA REPORT DATE: September 22, 2004 TO: . Parks and Recreation Commissioners FROM: June Y otsuya, Assistant City Manager SUBJECT: Resignation of District One Commissioner SUMMARY OF REQUEST Commission to receive and file information regarding resignation of District One Commissioner. DISCUSSION The District One Commissioner Rickie Layman has tendered her resignation due to family illness. The City Council declared the position vacant on September 13,2004. It is anticipated that City Council will make a new appointment in time for the next Commission meeting. Submitted by: J9=;~~Manager Agenda Item 12L~3 " " ( August 16, 2004 Councilman Charles Antos, District 1 211 Eighth Street Seal Beach, CA. 90740 Dear Councilman Charles Antos: Due to circumstances beyond my control it is necessary for me to resign my position as District 1, Parks and Recreation Commissioner due to illness in my immediate family. ( It has been my pleasure to serve on the Seal Beacp. Parks and Recreation Commis~ion for District 1 as your representative for the past two years. June Y otsuya and Staff as well as' the appoipted individuals serving on the Parks and Recreation Commission do an invaluable service for the City of Seal Beach. ' My Sincere Regards, ;q~~ ~ Ri'.kiL 7 c e ayman District 1 ~ Parks and Recreation Commissioner Seal Beach, CA. 90740-6101 cc: J~e Y otsuya -..~ AGENDA REPORT DATE: September 22, 2004 TO: Honorable Chair and Members of the Commission THRU: June Yotsuya, Assistant City Manager FROM: Mark K. Vukojevic, P.E., Interim Director of Public Works/City Engineer SUBJECT: RECEIVE AND FILE - PUBLIC ART POLICY SUMMARY O~ REQUEST: The proposed action will receive and file the proposed Public Art Policy. BACKGROUND: The City has allowed or implemented a number of art ("Public Art") and monument pieces over the years in its committal to aesthetic development and promotion of history. Samples include veteran monuments at the Pier, monuments at Eisenhower Park, and statues at the Library. The City has recently received a proposal for a Public Art donation and in the future, it is expected the City will receive various requests for additional Public Art pieces for additional enhancement at City buildings, parks, and rights of way. In order to continue these efforts in a systematic l:\Ild fair manner for everyone, a Public Art Policy is desirable and necessary. The attached policy outlines the basic principles involving Public Art such as acquisition, display, maintenance and associated costs, potential deaccessioning, lending of Public Art and the process to actually install the Public Art. . The Public Works Department reviewed different cities policies and materials to develop the attached Public Art Policy. There are many variables when dealing with Public Art, every situation i~ unique and requires a systematic approach to the issues and public input to arrive at the best solution. Request for Public Art will be reviewed by City Departments, City Manager, the Parks an.d Recreation Commission and ultimately the Public and City CounCil. FISCAL IMPACT: There are no fiscal impacts associated with this action. Public Art improvements may be funded by the donator or as otherwise approved by the City Council. RECOMMENDATION: The proposed action will receive and file the proposed Public Art Policy. Agenda Item E,. 2 Prepared By: 11/~~ . ~ Mark K. Vukojevic, P.E. . Interim Director of Public Works/City Engineer NOTED AND APPROVED r:jRt,,, ~ une Y uya Assistant City Manager Attachment: Proposed Public Art Policy Agenda Item_ CITY OF SEAL BEACH COUNCIL POLICY ADMINISTRATIVE DIRECTIVES SUBJECT PUBLIC ART POLICY SECTION INDEX NO. ISSUE DATE REVISION DATE COUNCIL CM APPROVAL 200 19 September APPROVAL 2004 1. SCOPE All departments 2. PURPOSE AND INTENT The City of Seal Beach is committed to the aesthetic development of the City. The City strives to promote community involvement and provide opportunities for the community: (1) to participate in the public display of art (the "Public Art"), and (2) to donate landscaping, hardscape items, historic objects or other items or improvements (the "Other Property"), for public display in or on City buildings, parks and rights of way, as the City determines appropriate, on a case by case basis. In order to accomplish these objectives and provide guidelines and procedures for governing the acquisition, display, maintenance, potential deaccessioning and lending of Public Art and Other Property to others for public display, the City hereby adopts the following Policy. 3. PROCEDURE I. Acquisition A. Offers of Donation All Offers to donate or loan an item to the City for public display should be in writing, addressed to the City of Seal Beach, City Manager, and accompanied by information adequate to evaluate the proposed donation, including but not limited to the following: 1. Drawings, photos or written descriptions of the items(s) to be donated (including size, colors, weight, materials, and any information which will establish that the item has the requisite physical integrity to withstand public display and withstand exposure to the natural elements); 2. Proposed site and method of display (including any necessary hardscaping, landscaping, buildings, utilities, security devices, anchoring or other information necessary to insure public safety); 1 3. An explanation of why the items(s) should be displayed on public property and how the display of such serves a purpose appropriate to the interests of the public and the City; 4. Estimates of the costs of installing the items(s) for public display, including but not limited to: physical anchoring of structures for display, retrofit of existing buildings or improvements, landscaping, lighting, security and maintenance and whether the City or donor will pay for such costs; 5. Written explanation of legal issues, including but not limited to, identifying the current legal owner of the items, the existence of any copyright, patents or other title rights in or to the item(s) such as any interests to remain with the artist or designer of the item(s), and an explanation of any conditions or limitations on the donation of the item(s) and whether the City or donor will pay for such costs; 6. The estimated value of each item (including appraisals of the item(s) if available); 7. The anticipated date for the donation to occur; 8. Public support for the proposed donation; 9. Anticipated life of the item(s); 10. Environmental effects of the item(s); 11. A written description of the background/historical information associated with any donated art item, including but not limited to, information about the creation of the item(s) and the artist (if applicable) who created it; 12. A warrant of originality (if applicable); and 13. The ability of the donation to withstand graffiti or vandalism. 14. Any additional information the City Manager deems necessary or appropriate to analyze the offer of donation. A failure to provide the information outlined above may result in the City Manager rejecting the offer of donation as insufficiently documented to warrant City staff time to evaluate the offer of donation. B. Review of Offers of Donation Once the City receives an adequately documented offer of donation, City staff will categorize each item as either "Public Art" or "Other Property". Whether categorized as "Public Art" or as "Other Property" the offer will be submitted to the various City Departments for review including but not limited to Police, Public Works, Parks and Recreation, City Attorney and if recommended by 2 the City Manager then it will be submitted to the Parks and Recreation Commission and ultimately City.council. C. Council Review Staff will: (1) provide copies of all information received from the donor to the attendees of the City Council, and (2) make such arrangements as may be practical and possible to provide for display of the actual items(s) to be donated at the applicable Council Meeting. If such display is not practical or possible, photographs and/or drawings may be substituted. Once the Departments have completed its review of the proposed donation, they will be responsible for making a written recommendation to accept or reject the offer to the City Council. The Departments wi,II review the written offer and inspect the proposed donated item(s) and drawings or descriptions to determine: 1. If the offer of donation is adequately documented, 2. The availability of the requested site for placement of the item(s); 3. Whether the City has sufficient resources to: authenticate, document, research, display, retrofit or add buildings, improvements, lighting or landscaping, interpret, store, protect conserve, insure and maintain the item(s); 4. Publics Safety; and 5. The legal issues, including but not limited, ability of current legal owner of the items to deliver unrestricted clear legal title together with all applicable copyright, patents or other title rights in or to the item(s) without any limitations or conditions on. the City's ownership and the time and costs required to acquire the item(s). D. City Attorney Review and Documentation If the Departments should recommend to accept an offer of donation, the matter will be forwarded to the City Attorney for review and/or preparation of title transfer documents acceptable to the City (Title Transfer Documents"). A recommendation may, however, at the election of the Departments, as may be applicable, be forwarded directly to the City Council for "conceptual approval" before being submitted to the City Attorney. E. City Council Approval Once items are reviewed and a recommendation is determined, the Departments will submit the matter for consideration at the next available Council Meeting. The Council will, if it votes to accept an offer of donation, execute a formal resolution, including any conditions to be placed on its acceptance of the offer of donation. The decision of the City Council is final. If the Council votes to accept an offer of donation, a written Notice of Action will be sent on behalf of the City, including any conditions placed on its acceptance of the offer of donation, to the respective donor( s) of each item 3 accepted. Only after (i) the City Council adopts and records a formal resolution expressly accepting title to the donated item( s), (ii) the item( s) are delivered to the City, and accepted by the City (iii) the conditions to acceptance, if any, have been satisfied, and (iv) the Title Documents have been duly executed and recorded, will an offer to donate an item be deemed accepted by the City. No offer to donate an item to the City will be deemed accepted without adoption and recording of a formal resolution by the City Council, duly executed and expressly accepting title to the donated item(s). F. No Obliaation to Accept an Offered Item(s) for Donation The City has no obligation to accept, display, or maintain any item(s) donated to the City. The City has the right to determine, in its sole and absolute discretion, what item(s) offered to it for public display will be accepted, displayed or maintained by the City. Once an item(s) is accepted by the City (see above) the City shall be the sole owner of the donated item( s) and will have the right, in its sole and absolute discretion, except as limited by written title documents, to deaccession any donated item(s) without notice to or obtaining the consent of the donor. II. Deaccessioning In order to maintain growing collections of Public Art and Other Property it may be necessary, from time to time, to deaccession donated item(s) A. Retention Policy Generally, donated item(s) will be retained in the City's Public Art Collection or Other Property Collection, so long as, they continue to be relevant and useful to the purposes and activities of the City, an appropriate site for public display is available, they do not create a public safety problem, they have no adverse environmental effects, they are authentic and original, th~y can withstand exposure to the natural elements and they can be properly and cost-effectively stored, maintained, preserved, and/or used. B. Deacessioning Deaccessioning of donated item(s) may be considered when the conditions identified in the Retention Policy no longer prevail, or in the interest of improving the quality of the Public Art Collection, Examples of situations where deacessioning would be considered include: 1. The item( s). has deteriorated beyond a r~asonable means of conservation or in deteriorating has lost its usefulness. 2. The authenticity, attribution, or genuineness of the item(s) is determined to be false or fraudulent. 3. The item(s) is redundant or is a duplicate that has no value as part of a series. 4 4. The City's possession of the object is determined to be illegitimate, Le.; the work may have been stolen or illegally exported or imported. 5. Where is has been determined that other entities or governments have a superior right to the item(s). 6. The item(s) is located in an area where jurisdiction will be transferred to another entity or is made inaccessible to the public. C. Consensus Donated items which have been accepted in the City's Public Art Collection or Other Property Collection, will be deaccessioned only at the direction of the City Council, which shall consider the recommendations and comments of: the City Manager (2) the City staff, and (3) any public comment received. D. Deaccessioning Donated Items The City will comply with all applicable laws pertaining to deacessioning of art items, including contacting the donor and artist (if deacessioning of art items, including contacting the donor and artist (if known). If the Title Transfer Documents provide for deacessioning, such documents will determine the method and manner of the deaccessioning. Otherwise, the City will select from one of the deacessioning methods outlined below. Generally, preference will be given to public sale, unless the City's analysis determines that another method would yield advantages or better serve the interests of the public or the City. In appropriate instances, appraisals of the item(s) to be deaccessioned will be sought from outside sources. Deaccessioned items(s) may be disposed of by means of private sale; exchange for another work; gifting the item(s) to a tax-exempt public institution; donating the item for recycling or destruction. In each cas~, the applicable laws will be followed before an item(s) is deaccessioned. Destruction of the item(s) may be considered where the physical condition of the work is severely deteriorated or will be irreparably damaged by the deaccessioning process. Funds realized from deaccessioned Public Art or Other Property will be returned to a trust fund deposit, to be used for the purchase of other art preferably in the general category from which the funds were realized. Where possible, the names of the original donors will be transferred to the new Public art or Other Property acquired from the sale of the originalltem(s). E. Fakes and Forgeries If a donated item(s) is determined to be a fake or forgery, the City reserves the right to dispose of the item(s) or to clearly mark and identify the item(s) so as to prevent future misrepresentation. 5 III. Records of Public Art and Other Property: The City Clerks Office will be responsible for maintaining a database of all Public Art and Other Property Collection items which has been acquired by the City under this Donated Items Policy and at all times prior hereto, as well as, the City's files with regard to each proposed donated item (whether accepted or not). The database and/or files will include the following information: F. Copies of all correspondence and submittals from the donor( s); G. Copies of all correspondence and submittals to the donor(s) from the City; H. Copies of all executed title documents; I. Copies of all other documentation associated with a particular item( s), including but not limited to: drawings, photos, written descriptions, estimates of costs associated with acquiring, maintaining, providing security and legal expenses, etc.; any agreements between the City and donor(s) regarding the item(s); all estimates of value and appraisals any public comment on the item(s); environmental impact reports or studies, if applicable; all written descriptions of the background/historical information associated with the ite'm, including information about the creation of the item(s) and the artist (if applicable) who created it; any warrant of originality; and any other information acquired by the City pertaining to the item(s); J. Copies of the Title Transfer Documents and any other written agreements between the City and the donor( s); K. Records of maintenance; L. Records of any deaccessioning; M. Records of any loan proposed or made of the donated item(s), including the executed written agreements of loan, a record of all loan fees, confirmations of all insurance, transportation records and the return of the loaned item(s); and N. Records of all art or other items borrowed by the City, including the executed written agreements to borrow the item( s), all fees or costs paid by the City, insurance policies or riders. covering the item(s), transportation records and return records. v. Transfer of Title A. Condition of Title The City prefers donated item(s), which are given with legal title, which is free and clear of any restrictions or limitations as to use or future disposition of the item(s). Donated item(s) may, however, be accepted with title restrictions or limitations, if the City pre-approves the title restrictions or limitations and such are expressly stated in the title conveyance documents which must be r approved or prepared by the Council. The City also prefers donated item( s) be made of all interest and title to the item(s). Donated item(s) made of 6 undivided fractional interests may, however, be accepted if accompanied by a binding pledge to donate remaining undivided fractional interest within a specific period or upon acquiring same, if such provisions have been added to the Title Transfer Documents. B. Legal Documents Before donated item(s} is accepted by the City, transfer of title documents, including any limitations or restrictions on the transfer or continued ownership of the donated item(s}, as well as any agreements between donor and the City regarding same, must be prepared by or approved by the City Attorney. For gifts of art, a Gift Agreement signed by the donor will confirm that the donor owns the item(s} and has the right to pass title. C. Appraisals The City will not provide or assume responsibility for appraisals for tax- deduction or other external purposes. D. Compliance with Laws The City reserves the right to require a donor to comply with the applicable laws of California and the United States, including but not limited to: The Native American Graves Protection and Repatriation Act of 1990 and any applicable international agreements between the U.S.A. and other countries. 7 AGENDA REPORT DATE: September 22, 2004 TO: Parks and Recreation Commissioners FROM: June Yotsuya, Assistant City Manager SUBJECT: Resignation of District One Commissioner SUMMARY OF REQUEST Commission to receive and file information regarding resignation of District One Commissioner. DISCUSSION The District One Commissioner Rickie Layman has tendered her resignation due to family illness. The City Council declared the position vacant on September 13, 2004. It is anticipated that City Council will make a new appointment in time for the next Commission meeting. Submitted by: Ju Yotsuya,AssistaManager Agenda Item JU ��