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HomeMy WebLinkAboutCC AG PKT 2004-12-13 #L AGENDA REPORT DATE: December 13, 2004 TO: Honorable Mayor and City Council THRU: John B. Bahorski, City Manager FROM: Mark K. Vukojevic, P.E., Director of Public Works /City Engineer SUBJECT: CONSIDERATION OF A PUBLIC ART POLICY SUMMARY OF REQUEST: The proposed City Council action will adopt a Council Policy regarding Public Art on City Property. 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 for a large -scale bronze swimmer /sundial in front of the Pier and a new entry -way monument proposal from the Rotary Club on Seal Beach Blvd between the Cities of Seal Beach and Los Alamitos. 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 right of way. In order to continue these efforts in a systematic and 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 is 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, City Attorney, the Parks and Recreation Commission and ultimately the Public and City Council. The Parks and Recreation Commission will also consult with the Seal Beach Historical Society. At its October 27, 2004 meeting, the Parks and Recreation Commission received and approved the attached Proposed Public Art Policy. Agenda Item h. 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 adopt a Council Policy regarding Public Art on City Property. Prepared By: y� Mark K. Vukojevic, P.E. Director of Public Works /City Engineer NOT •i AND AP' ' OVED: Jo B. Bahorski Ci anager A achment: 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 December APPROVAL 2004 1. SCOPE All departments. 2. PURPOSE AND INTENT The City of Seal Beach is committed to the aesthetic development. 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 goveming 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. Parks and Recreation Commission Review & Recommendation Staff will: (1) provide copies of all information received from the donor to the attendees of the Commission, 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 Commission Meeting. The Seal Beach Historical Society will be consulted to provide comments. 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 Commission. The Commission will then make a recommendation to the City Council to accept or reject the offer. The Departments will 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. Public 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. 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 will 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 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. Public 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). E. 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. F. 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 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 (Hi) 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). G. No Obligation 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 4 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, they can withstand exposure to the natural elements and they can be properly and cost - effectively stored, maintained, preserved, and /or used. B. Deacessioninq 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 reasonable 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. The City's possession of the object is determined to be illegitimate, i.e.; 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. 5 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 case, 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 original Item(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. 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: A. Copies of all correspondence and submittals from the donor(s); B. Copies of all correspondence and submittals to the donor(s) from the City; C. Copies of all executed title documents; D. 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 6 applicable; all written descriptions of the background /historical information associated with the item, 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); E. Copies of the Title Transfer Documents and any other written agreements between the City and the donor(s); F. Records of maintenance; G. Records of any deaccessioning; H. 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 I. 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. IV. 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 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 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. 7 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. 8