HomeMy WebLinkAboutResolution No. 05-6882 - Adopt Art in Public Places Policy Manual - amended by # 06-6894RESOLUTION NO. 05-6882
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING AN “ART IN PUBLIC PLACES” POLICY MANUAL.
WHEREAS, an Art in Public Places Program was established in the City of Downey by
Ordinance; and
WHEREAS, the City Council desires to approve a Policy Manual for the administration of
the program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The “Art in Public Places Policy Manual”, attached hereto as Exhibit “A“
and incorporated herein by this reference, is hereby adopted.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 22nd day of November, 2005.
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IVorANNE M. BAYER, M
ATTEST:
KATHLEEN L. MIDSTO}<KE, City Clerk
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City of Downey at a regular meeting held on the 22nd day of November, 2005, by the following vote,
to wit:
AYES: 5 Council Members: Cartozian, Gafin, Perkins, Trejo, Mayor Bayer
NOES: 0 Council Member: None
ABSENT: 0 Council Member: None
ABSTAIN: 0 Council Member: None
%Z&,D/ McA&gaa,
KATHLEEN L. MIDSTOKKE, City Clerk
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EXIiIBIT II 7\ it
City of Downey
Art in Public Places Policy Manual
[TABLE OF CONTENTS
Page
1.Downey’s Art in Public Places Program
A. Program Goals ............................................................................................1
B. Art Requirement for Tenant Improvement .................................................1
C. Funds in Trust...............................................2
D.Projects That Include Art Pieces ................................................................
1. Phased Developments ..........................................................................
2. Parking Structures ................................................................................
2
2
3
E. How Building Valuations and Art Allocations Are Determined ............... 3
F. Art Allocation Expenses............................................................................. 3
1. Allowable Expenses from Art Allocation............................................ 3
2. Expenses Not Allowed from Art Allocation........................................ 4
G.Artist and Artwork Selection
1. Artist and Artwork
2. Art Consultant......................................................................................
4
4
4
H. Value Verification......................................................................................4
ll. The Application Process
A. Overview ........................................................5
B.Application Steps .......................................................................................
1. Plan Review ......................................................................................
2. Artist Selection
3. Preliminary Review with Staff.............................................................
4. The Art in Public Places Advisory Committee Review.......................
5. Notification and Follow-Up .................................................................
6. Unveiling Plans ....................................................................................
5
5
5
5
5
6
6
C. If the Proposed Application is Not Approved............................................ 6
1. I)eveloper Options ............................................................................... 6
2. The Appeal Process.............................................................................. 7
D. The Art in Public Places Advisory Committee .......................................... 7
111.Review Criteria and Requirements
A.
B.
Artist Qualifications ........ ... ......,
1. Experience .........................,
2. Verification of Past Works
Artwork Criteria
1. Artistic Expression and Innovatil
2. Scale and Content.......................
3. Permanence and Materials
4. Multiple Editions......................,
5. Public Liability and Safety.....,.,
6. Water Features and Fountains..
7
7
8
8
8
8
9
9
9
10
C.Site and Installation Requirements . ,
1. Visibility..........,
2. Signage..........................,
3. Lighting and Electrical ...
4. Landscaping and Base....
5. Identification .................,
10
10
10
10
11
11
D. Budget and Contract
1. Budget Breakdowt
2. Contract of Sale...
11
11
11
E.Maintenance
1. Responsibilities ................
2. Maintenance Instructions
3. Maintenance Conditions
4. Payment of Maintenance..
11
11
12
12
13
IV. Property Owner Responsibilities
A
B
C
D
E.
Art Insurance
Damaged Artwork ..... .... .... . ,
Replacement of Artwork ...............
Removal of Artwork.....................
Donation of Artwork to the City . .. ,
13
13
13
13
14
Appendices
A
B
C
D
E
F
G
H
I
Visual Art Laws for Artists and Owners .................................................... 15
Downey’s Art in Public Places Advisory Committee...........................,.... 18
Sample Budget Breakdown........................................................................ 19
Sample Contract of Sale of a Work of Art ................................................. 20
Advisory Committee Review Checklist ..................................................... 22
Application Checklist ................................................................................. 23
Application Instructions/Submittal Requirements ..................................... 24
Application – Form A ................................................................................ 26
Application – Form B................................................................................. 27
Downey’s Art in Public Places Program
t The goal of Downey’s Art in Public Places Program is to provide permanent, outdoor artworks
that are easily accessible to the general public throughout the City. The Art in Public Places
Program is designed to offer a wide range of artistic styles, themes, and media, all of outstanding
quality. The unique variety of artistic styles is chosen to provoke discussion and encourage
comment. Art in Public Places is dependent on public-private cooperation between the City,
artists, and the developer. All sculptures are privately owned, and are designed to enhance
property values, encourage pride in ownership, and add value to the community.
The Downey City Council adopted the current Art in Public Places Policy Manual by Resolution
No. on . This Manual describes the program policies, guidelines
and application process.
1.Art in Public Places Program
A. Program Goals
1 Distinguish Downey as a special place to live, work, play and visit.
2. Integrate the vision of artists with the perspective of other design professionals
into the planning and design of the urban landscape.
3. Provide every member of the community easy visual access to sculptures from
vehicles on major public streets.
4. Provide a means to counterbalance what many consider to be the “negative”
effects of development (e.g. construction noise, traffic, congestion, and
pollution).
5 . Strengthen cultural awareness, creativity, and innovative thinking in the
communIty.
B. Art Requirement for Tenant Improvement
Compliance with Downey’s Art in Public Places Program is a condition of project
approval as follows:
Notwithstanding anything to the contrary, no person shall be issued a building
permit for improvements of any t)pc or nature within the interior of a commercial,
industrial, or residential building or structure unless and until all requirements of
the Art in Public Places Program and related conditions of approval have first been
satisfied. For projects which do not require an interior building improvement
permit, no person shall be issued a Certificate of Occupancy until the public art
requirements have first been satisfied. Satisfaction shall mean the permanent
installation of the City authorized pieces(s) of art in conformance with all standards
and conditions imposed by the City of Downey in relation to such art piece.i
C. Funds in Trust
in circumstances in which fabrication of an art piece, approved by the City
Council, will not be completed prior to the developer’s request for tenant
improvement permits, the following option may be requested before the
Committee: The developer may request to submit to the City, a cashier’s check
equivalent to the 1% minimum art requirement for the particular building(s), for
which the developer requests tenant improvements. The City shall hold the funds
in trust until the artwork is permanently installed. Artwork must be approved and
permanently installed within a six (6) month period from the date the request is
approved. The developer shall submit a written agreement between the developer,
artist, and City, regarding the artist’s payment plan, using these trust funds. The
agreement will allow the City to determine the final location of the artwork, should
there be any complications over the arrangement. Should the art work not be
permanently installed, after a one-year period from the date the request was
approved, the City shall then control the decision-making regarding the funds in
trust and completion of the public art project.
D. Projects That Include Art Pieces
Developments of commercial, industrial, or residential projects of four (4) dwelling
units or more, with a total building project valuation of five-hundred thousand
dollars ($500,000) or more, are required to select, purchase and install permanent
outdoor sculpture at the development site, accessible and visible to the general
public from public streets. The required minimum art allocation shall be one
percent (1 %) of the total building construction valuation (excluding tenant
improvements), which is determined using the International Conference of
Building Officials (ICBO) tables in effect at the time building permits are issued.
All attached and detached additions to an existing commercial or industrial
building, with a valuation (for the addition) of five-hundred thousand dollars
($500,000) or more shall also comply with the program. For any custom home
development, the art requirement will be based on an estimate of the homes ’
market value, based on lot size and existing market.
1. Phased Developments
If the development of a project is to proceed in phases, the developer shall
include a detailed plan with timelines, to reflect compliance with the Art in
Public Places requirements. This includes residential developments with model
homes as their first phase. All plans are subject to review by the Art in Public
Places Advisory Committee. Phased developments have two options:
a) Per existing guidelines, an art piece shall be installed for each individual
building valued at $500,000 or more, as each building is completed,
thereby placing multiple sculptures at the site.
b) Applicant may submit an art plan which proposes to combine some or all of
the project’s art allocations. The art plan must be approved by the
Committee prior to completion of the first building. Certain conditions
apply (See page 2, Funds in Trust).
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2. Parking Structures
When calculating the total building valuation of a multiple level parking
structure, the City’s Building and Safety Manager shall not count the area of
one floor in the structure toward the total valuation. The exclusion of one floor
of parking is intended to provide a credit for the ground level parking area that
would not be counted toward the valuation total in the event a structure was not
developed at the site. In the event that the floors dedicated to parking are
different square footages from one another, the City shall exclude from its
valuation, an area equivalent to the average square footage of all floors
dedicated exclusively to parking use. No exemptions shall be granted for
buildings that are combinations of office or retail, and parking.
E. How Building Valuations and Art Allocations Are Determined
The minimum art allocation for each development is equal to one percent (1 %) of
the total building valuation of a project. The total building valuation is computed
at the time building permits are issued, using the most current Building Valuation
Data set forth by the International Conference of Building Officials (ICBO). This
information is issued quarterly. Square foot value is based on the type of building
construction, the proposed use of the building, and the quality of construction. An
initial building valuation is estimated by the City’s Building and Safety Manager
when the developer submits formal application plans to the City’s Planning
Department. The building valuation is recalculated when the project receives
building permits.
F. Art Allocation Expenses
1.Allowable Expenses from Art Allocation
a) The work of the art itself, including the artist’s fee for design, structural
engineering, and fabrication.
b) Transportation and installation of the artwork.
c) Identification plaque(s) for the artwork.
d) Mountings, pumps, motors or subterranean equipment, pedestals, bases, or
materials directly necessary for installation of the artwork.
e) Lighting specifically illuminating the art piece.
f) Art consulting fees. This fee shall not exceed 20% of the total art
allocation.
g) Art appraisals requested by City staff and/or the Art in Public Places
Advisory Committee.
2.Expenses Not Allowed from Art Allocation
a) Expenses to locate the artist (e.g. airfare for artist interviews, etc.)
3
b) Architect and Landscape Architect fees.
c) Landscaping around a sculpture, that is not included as part of the Artist’s
sculpture furnishings, including, but not limited to, functional structures9
prefabricated water or electrical features not created by the artist9 and
ornamental enhancements.
d) Utility fees associated with activating electronic or water generated
artwork.
e) Lighting elements not integral to the illumination of the art piece.
f) Publicity, public relations, photographs, educational materials> business
letterhead or logos bearing artwork image.
g) Dedication ceremonies, including sculpture unveilings or grand openings.
G. Artist and Artwork Selection
1. Artist and Artwork
The developer is responsible for selecting the artist(s) and artwork, provided
both meet the program criteria (see pages 7-10). The City has a list of art
consultants and resource guides with artist listings available for developers.
However, the City does not keep a list of “approved“ artists from which
developers may choose. The Art in Public Places Advisory Committee shall
consider each artist and proposed artwork on a case-by-case basis.
2. Art Consultant
The developer may choose to hire an art consultant to assist with the selection
of the artist and the application process. The role of the art consultant is to
research and present to the developer, qualified artists who are able to create an
appropriate artwork for their specific project. The art consultant is responsible
for providing written and visual collateral on the artist(s) for the application.
The developer may not apply more than twenty percent (20%) of the total art
allocation toward consulting fees. Consulting fees in excess of twenty percent
(20%) of the allocation shall be absorbed by the developer.
H. Value Verification
If City staff cannot verify the value of a proposed art piece (by past records of
comparable work sold, etc.), the City may choose to have the artist’s proposal
and/or other completed works appraised by a qualified art appraiser selected by the
City. The applicant shall pay up front for any art appraisal service fees. This
expense may be deducted from the total art allocation.
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II. Application Process
A. Overview
Successful public art projects involve collaboration and cooperation between the
developer, the artist, and the City. The developer selects an artist and submits an
application for review by the five-member Art in Public Places Advisory
Committee (“Committee“), which either approves or denies application. The
application process shall take place in the early phases of development to allow for
integration of the artwork into the overall project design and ensure timely
completion of the project. The artwork must be approved and permanently
installed at the site prior to the issuance of interior improvement building permits
(see page 2, Exception: Funds in Trust).
B. Application Steps
1. Plan Review
The developer formally submits a development proposal for plan approval to
the City’s Planning Division of the Development Services Department. If the
project is valued at 8500,000 or more, staff informs the developer of the
estimated 1% art allocation for their project. The developer contacts the City’s
Community Services Department, to receive full program details including the
Art in Public Places Policy Manual and Application.
2. Artist Selection
The developer (or art consultant) researches and selects an artist(s) who meets
the program criteria. The developer and selected artist collaborate in packaging
the art application for committee review. The application is included at the
back of this manual.
3. Preliminary Review with Staff
The developer submits the Art in Public Places Application to the City’s
Community Services Department. City staff reviews all materials and advises
the developer of any incomplete items prior to the Committee meeting. The
Art in Public Places Committee shall meet within thirty (30) days of the date all
application materials are submitted in their complete form (see pages 24-25,
Submittal Requirements). If any items are found incomplete, the 30-day period
will not begin until all outstanding items are received. Staff shall inform the
developer of the date, time and location of the Committee meeting.
4.Art in Public Places Advisory Committee Review
The developer, artist and/or art consultant presents their application materials
and answers Committee questions at the Art in Public Places Advisory
Committee review meeting. The Committee reviews the application utilizing
the criteria listed in Section III, on pages 7-12 and 24. The applicant must be
prepared to make an oral presentation which clearly supports their art proposal.
The presentation shall include both written and visual materials. It is important
for the developer to be present at the meeting to receive the Committee’s
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comments and suggestions should the application not be approved in full. The
Committee retains the right to ask the developer and/or art consultant to
provide further information or demonstrate how their application meets the
review criteria, prior to giving their final decision. It may be necessary to
reconvene the meeting at a later date to review a revised application.
5. Notification and Follow-up
The developer shall be notified in writing of the Committee’s recommendation
to the City Council within ten (10) days of the review meeting. If the art piece
is recommended for approved, any outstanding items that must be completed
by the installation date will be listed and given to the developer/art consultant.
If the art piece is not recommended for approved, the reason(s) for denial will
be noted, including possible modifications or additions which could lead to
recommended approval. Should the developer and/or consultant agree to the
modifications, he/she may resubmit an application to the Committee for
reconsideration. Staff shall inform the developer of the date, time, and location
of the Committee meeting to review the revised application. Once the artwork
is recommended for approved in shall be submitted for City Council approval
and its next available regular meeting date. Once approved by the City
Council, the developer shall inform the City of the approximate date the piece
will be installed.
6. Unveiling Plans
The developer shall contact the Community Services Department regarding any
unveiling or dedication ceremonies for the art piece. An unveiling or
dedication is strictly optional. In the event the developer chooses to conduct an
unveiling or dedication, City staff shall provide the developer with an invitation
list of City Council Members, Commissioners, Art in Public Places Advisory
Committee Members, and other appropriate guests. City staff shall work with
the developer to promote press opportunities and public interest in the art
project
C. If the Proposed Application is Not Approved
1. Developer Options
a) Accept the Committee’s recommendations and make the requested
modifications.
b) Select a different artist to create a new design and resubmit the application
to the Art in Public Places Advisory Committee.
c) Appeal the Committee’s recommendation to the Downey City Council (see
Appeal Process below).
2. The Appeal Process
The developer must file a written request for an appeal within ten (10) days of
notification of the Art in Public Places Advisory Committee’s
recommendation. All items for appeal should be addressed to the City
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Council. Upon filing an appeal, the Director of Community Services shall set
the hearing date and notify the applicant. The City Council may affirm, reverse,
or modify in whole or in part any Committee recommendation or requirement.
Downey City Council’s decision shall be final and conclusive.
D. The Art in Public Places Advisory Committee
The Art in Public Places Advisory Committee is the formal body responsible
for reviewing all Art in Public Places applications. The Committee shall ensure
that all Art in Public Places projects meet program criteria, as established by
City Ordinance.
(See Appendix B for more details on the Art in Public Places Advisory
Committee.)
III. Review Criteria and Requirements
A. Artist Qualifications
1. Experience
Artists must be working artists, who have a portfolio which includes
monumental outdoor public art commissions and collections, and exhibition
records. In addition, the artist must demonstrate that he/she had formal
sculpture training. Monumental sculpture is defined as five (5) feet or larger in
one dimension, excluding the base. Qualified artists should have experience in
design concept, fabrication, installation, and long-term durability of large-scale
exterior artworks. Artists must be able to successfully collaborate with design
teams, architects, art consultants, developers, engineers, fabricators, and
landscape architects, and meet scheduled deadlines. Artists should also have
experience in negotiating and contracting their work responsibly. Artists who
do not meet these criteria will not be approved by the Committee.
2. Verification of Past Works
Artists must be able to verify the value of the proposed artwork, based on their
previous and current public art commissions. The Committee will look for
purchase prices of similar works sold by the artist (by size, medium, etc.)
which progressively increase toward, or exceed, the proposed commission
amount. The City may request records, including but not limited to, sales
contracts, invoices, and payments. Gallery list prices or asking prices of works
are not necessarily comparable, as they are not records of a willing buyer. If
the value of the proposed art piece cannot be verified (by records of past
comparable sold works, etc.), the City may choose, at its sole discretion, to
have the artist’s proposal and/or other completed works appraised by a
qualified art appraiser. This expenditure shall be counted toward the total art
allocation, and shall be borne by the developer. The value of the proposed
artwork shall be verified prior to Committee review as to not delay the approval
process.
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B. Artwork Criteria
1. Artistic Expression and Innovation
Proposed artworks shall demonstrate how they will effectively engage the
public, and invite a “second look.“ Works engaging to the public are often
described as thought provoking, inspiring, entertaining, clever, whimsical,
powerful, reflective or symbolic. Innovation and originality are encouraged
and expected. The Committee takes interest in the artist’s creative thought
process in relationship to the specific development project. Therefore, existing
works are not generally encouraged. Artists shall be able to thoroughly discuss
the following elements of their proposal with the Committee: expressive
properties (mood, feeling, message, symbolism) and formal properties
(balance, emphasis/dominance, repetition/rhythm, unity, form/shape, texture,
color)
2. Scale and Content
Artworks must be appropriate in scale, material, form, and content to their
immediate, general, social, and physical environments. The artwork shall not
look like an afterthought to the development. Artworks must be three-
dimensional and monumental in scale (excluding base). Monumental is defined
as five (5) feet or larger in one dimension. Artwork not traditionally classified
as a “three-dimensional sculpture“ (such as environmental artwork), is not
acceptable. For example, the following are not acceptable:I
a) Mass produced reproductions or replicas of original works of art.
Exceptions are signed sculptures by the original artist for reproduction.
(Edition limit: 5).
b) Functional equipment, which may be considered part of an amenities
package, such as benches, chairs, fountains, etc. (see page 10, Water
Features and Fountains).
c) Decorative or ornamental pieces which are not designed by a qualified,
acceptable artist, including historical markers or bells, bell towers, obelisks,
minor architectural ornamentation, and garden sculpture.
d) Art as advertisements or commercial signage mixed with imagery.
e) Busts – Statutory memorials generally are not encouraged and will be
subject to additional review criteria (see page 14, Donation of Artwork to
the City).
3. Permanence and Materials
a) Recommended materials: bronze, stainless steel, high-grade aluminum,
hard stone.
b) Materials not recommended: Cor-ten steel, wood, soft stone (e.g.
alabaster). Rebar will not be acceptable for internal support of sculptures.
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c) Other materials not listed may be considered, in the event the artwork
application includes a comprehensive maintenance plan, which meets the
interest and standards of the Committee and staff.
d)Rust proof materials must be used whenever possible. Artists will be asked
to provide a breakdown by percentage of metal alloys for bronzes from
foundries. Thickness and grade/quality of steel works will be reviewed for
rust proof durability. Artists shall take note of which materials (including
nuts, bolts, and other metal fixtures) will be in contact with each other that
may produce oxidation and rust.
e)Artists must be able to clearly demonstrate the quality, craftsmanship, and
durability of their artwork. Substantial consideration shall be given to
structural and surface integrity and stability, permanence and weathering,
resistance against theft, vandalism, and the probability of excessive
maintenance and repair costs. Artworks must be constructed of durable,
long-lasting materials that are able to withstand outdoor display, and
require low levels of maintenance. When selecting an art piece, developers
shall keep in mind that property owners are legally responsible for the
maintenance of the artwork for its lifetime.
4. Multiple Editions
If the proposed sculpture is one of multiple editions, the applicant shall include
the edition number of the piece, and provide the location of all other editions.
To maintain the value of the proposed work, similar editions may not be
publicly displayed within a fifty (50) mile radius of the Downey project site,
unless both the Art in Public Places Advisory Committee and the owner of
existing and/or future editions grant permission.
5. Public Liability and Safety
The artist and developer must bear in mind the sculptures will be displayed
along major public streets. In order to be acceptable, artworks must not disrupt
traffic or create unsafe conditions or distractions to motorists and pedestrians,
which may expose the City or property owner to liability. Consideration
should be given to sharp or protruding edges that may pose a danger to
pedestrians. Attention should also be given to durability and ability to
withstand weight, as owners are held responsible for repairs resulting from
persons climbing, sitting, or otherwise damaging the sculpture.
6. Water Features and Fountains
Water feature pieces, or artworks requiring water, must be conceptually
designed by an acceptable, qualified visual artist in order to be considered for
the Art in Public Places Program. The artwork must stand on its own should
the water cease to function properly. There must be a demonstrated
collaboration between the artist and the water feature design company. The
intent of the Art in Public Places Program is to promote the work of visual
artists, not water feature design companies. Water related costs, such as pump
and pool construction, will be evaluated by the Art in Public Places Committee
for consideration as part of the overall art allocation. Developers are welcome
9
to exceed the arts budget to construct a water feature. However, water features
will not be accepted in lieu of the Art in Public Places requirement. No more
than thirty percent (30%) of the total art allocation may be utilized for water-
related costs.
C. Site and Installation Requirements
1. Visibility
Artwork is to be located outdoors and easily visible to both motorists and
pedestrians from a major public street. Distance from the sculpture to the
public street should typically not be greater than fifty (50) feet. Artwork may
not be placed near monumental signs, sign walls, bus benches, or utility boxes,
as these structures may impede the public’s view from the street or diminish the
aesthetic value of the sculpture. Lettering, symbols or signage are not
permitted upon the art sculpture or its foundation, except as intended by the
artist. Visibility to the general public is the key criteria in approval of sculpture
location. Exceptions can be made for large open or enclosed public areas such
as shopping malls, which may have their art piece(s) in an interior public
location.
2. Signage
Permanent signage of any type is not permissible in or around the immediate
area of the sculpture. This includes the foreground, background, or adjacent
areas of the sculpture. Signage should not distract or diminish the aesthetics of
the sculpture, when the public views the work from the most accessible vantage
points (e.g. intersections, entryways). The Art in Public Places Advisory
Committee will review all signage plans and ask the applicant to provide
alternative locations should the signage interrupt the public’s view.
3. Lighting and Electrical
Artwork shall be properly lit during evening and nighttime hours. All lighting
and electrical elements should be in good working condition and meet all
current safety conditions. Lighting and electronic elements, not integral to the
sculpture, will not be included as part of the art allocation. Lighting plans must
be submitted as part of the application.
4. Landscaping and Base
Landscaping and sculpture base should be well integrated and securely
installed. The sculpture must also be secured to the base. A licensed structural
engineer must approve and certify the installation plans as structurally sound,
safe, and durable. The base shall only house sculpture, and plaque, if
applicable.
5. Identification
Each art piece shall be identified by a cast bronze plaque approximately 8” x
8“. The plaque shall be placed in a ground location near the art piece, listing
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only the title, artist, and date of installation. The Art in Public Places Advisory
Committee must approve any additional plaques that may be requested.
D. Budget and Contract
1. Budget Breakdown
The developer is required to submit a line item Budget Breakdown, reflecting
costs of the artwork and artist design fees, transportation and installation fees,
art consultant fees, and any other fees as applicable and necessary, (see
Appendix C, Sample Budget Breakdown). The Budget Breakdown should total
or exceed the 1 % minimum art allocation.
2. Contract of Sale
The developer must also submit an unsigned copy of the Contract of Sale,
including the long-term care and maintenance instructions for the artwork, with
their application. Upon approval by the Art in Public Places Advisory
Committee, the Contract of Sale shall be modified, if necessary, and signed by
the property owner, artist, and homeowner’s association, if applicable (see
Appendix D, Sample Contract of Sale).
E. Maintenance
1. Responsibilities
All property owners are legally responsible for maintaining their art piece for
its lifetime and replacing the art piece should it be damaged beyond repair,
destroyed, or stolen (see page 13, Replacement of Artwork). The applicant
should demonstrate that the selected artwork is constructed for permanent
outdoor display and that provisions have been made for its long-term care. The
Contract of Sale should address the following areas of long-term care and
maIntenance :
a) Maintenance instructions – Artist’s recommendations for on-going and
long-term care.
b) Restoration – length of time (typically one year) the artist or art conservator
will be responsible for repairs.
c) Maintenance funds – how the owner will provide a funding source for
marntenance.
d)The Art in Public Places Advisory Committee shall regularly inspect each
sculpture for any damage or maintenance concerns. Current property
owners will be informed of the results of inspection including
recommendations for maintenance and for repair, and a referral to an art
conservator who can treat the sculptures to preserve their longevity.
Property owners will be subject to code enforcement for failure to comply
with the maintenance requirements of this program.
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2. Maintenance Instructions
The artist is required to provide maintenance instructions as a condition in the
Contract of Sale, which specifies the on-going and long-term maintenance
requirements for the artwork. These guidelines will be used for routine
cleaning and occasional treatments to prevent damage from weather elements,
bird guano, tree droppings, spray from sprinklers, and aging. The Maintenance
Instructions shall include:
a) Materials for the maintenance and/or repair of the artwork, including but
not limited to, brands and mixes of pigment, color samples, material
finishes, types of brushes, bolts, and other needed materials.
b) Methods of cleaning: how to apply cleaning agents, paint, wax, or other
materials. Specify number of coats and drying time. Specify whether the
work can be performed by a general maintenance service or must be
performed by a professional art conservation service.
c) Frequency of routine cleanings per year; how often to repaint (usually 2-3
years or 3-5 years); and frequency of long-term preventative treatments
(usually between 5-10 years).
3. Maintenance Conditions
a) Water or electronic sculptures must always be operating in good working
order. Complete instructions for maintenance and repair of kinetic or water
components must be included in the maintenance instructions.
b) Artwork shall be properly lit during evening and nighttime hours. Lighting
fixtures used to illuminate sculptures must always be in good condition and
working order.
c) All artwork shall be cleaned on the property where the sculpture is
permanently installed, unless agreed upon by the City. The City prohibits
removing sculptures from the site for any reason without explicit
authorization.
4. Payment of Maintenance
The property owner is required to establish a source of funding to maintain the
artwork on a routine and long-term basis, for its lifetime. The maintenance and
long-term care of the artwork is not the responsibility of the City.
IV. Property Owner Responsibilities
A. Art Insurance
Public sculpture must remain permanently installed at the site as a condition of
project approval, as stated in the Covenants, Conditions, and Requirements
(CC&R’ s), if applicable, and if not, in a recordable agreement, binding on
12
successors to title to the subject property, in form reasonably approved by the City
Attorney. In the event the artwork is damaged, destroyed, or stolen, the property
owner is legally responsible for repairing or replacing the artwork, with an art piece
or art pieces of equivalent value. The City strongly suggests owners insure their art
pIeces
B. Damaged Artwork
The property owner is responsible for repairing the artwork in the event of damage
and/or vandalism. Artwork damaged or vandalized shall be repaired as closely as
possible to the original approved artwork. If repair is needed, the original artist
must be given first refusal on repair(s) for a reasonable fee. If the original artist is
not available or is unwilling to perform the required repair(s) for a reasonable fee,
the owner shall make arrangements for repair(s) with a reputable art conservator.
The owner shall be responsible for notifying the Art in Public Places Advisory
Committee and City staff of the steps that will be taken to repair the work.
C. Replacement of Artwork
In the event the art piece is destroyed, damaged beyond repair, stolen or otherwise
removed from the site, the owner shall replace the art piece with a new work of art
(see next section, Removal of Artworks). The owner shall submit an application to
the City for review by the Art in Public Places Advisory Committee. The new
artwork shall comply with all of the requirements of the Art in Public Places
Program in effect at the time the work is replaced. The allocation for the new
(replacement) art piece shall be calculated at 1 % of the current total building
valuation, as computed by the most current Building Valuation Data set forth by
the International Conference of Building Officials (ICBO). As ICBO figures
typically increase each year, property owners are advised to take steps to replacF
damaged or destroyed sculptures immediately. The replacement process shall be
completed within a six (6) to twelve (12) month time frame unless otherwise
agreed to by the City.
D. Removal of Artwork
The City will not authorize removing public art, except under the most extenuating
circumstances. The indefinite removal of an artwork from permanent display,
whether or not it is disposed, affects the artist’s rights, and has serious legal
consequences for the property owner. Owners wishing to remove, modify, destroy,
or in any way alter their artwork must first seek legal consent from the original
artist and must provide a compelling reason for taking such action with the
artwork. All such requests must also be submitted to the Art in Public Places
Advisory Committee for their consideration and approval. Factors to be considered
by the Committee shall include but not be limited to: reasons and costs of
relocation, risk of damage to the artwork, maintenance costs, and artist and owner
rights and responsibilities.
F. Donation of Artwork to the City
Individuals, businesses, and/or groups wishing to donate artwork of any style, size,
or medium, with an estimated value over $2,000 shall provide a written request of
their offer. The Commission shall use established review criteria to evaluate the
13
proposed work of art, artist, and proposed location. Other considerations may
include costs to the City (e.g. transportation, installation, insurance, routine
maintenance, and long-term conservation) and the impact of the donation on
existing art programs (e.g. number of existing donations by the same artist). In
addition to the established review criteria, donations of nremorials shall be
reviewed based on the following: Does the memorial represent broad community
values? Does the significance of the person(s) or event being memodalized have a
timeless quality and make a statement to future generations? is there some specific
geographic justification for the memorial being placed at the proposed location?
If the donation is an outdoor artwork or is a proposal to create an outdoor artwork
for display on public property (e.g. Downey Civic & Cultural Center, Downey
Community Center, City parks), the proposal shall first be referred to the Art in
Public Places Advisory Committee, then to the City Council. Formal gifts
presented to the City Council by government’s contacts and sister cities shall only
be reviewed according to this procedure at the sole discretion of City Council.
14
APPENDIX A
Visual Art Laws for Artists and Owners
Several federal and state laws protect the rights of visual artists and art owners. The following is
only a partial listing. For more details, the City recommends that the artist and/or owner consult
a lawyer specializing in visual art and copyright laws.
1. 1980 California Art Preservation Act
California Civil Code Section 987 et seq. applies to artwork sold or created after 1980.
The Civil Code states that no person except the artist can deface, mutilate, alter or destroy a
piece of art. “. .. The physical alteration, or destruction of fine art, which is an expression
of the artist’s personality, is detrimental to the artist’s reputation and therefore have an
interest in protecting their works of fine art against any alteration or destruction.
II. Visual Artists Rights Act of 1990
The Visual Artists Rights Act of 1990 (VARA) 17 USC Sections 101, 106A, 107, 113,
301, 411, 412, 501, 506, amends copyright law providing new rights for visual artists for
artworks sold or created after June 1, 1991. The rights contained in the law extend for the
life of the artist. The legislation creates a uniform, national standard for protecting visual
artists’ rights. It provides a mechanism for the visual artist to claim authorship of a work
he or she created, as well as to prevent the use of his or her name on a work he or she did
not create. The bill makes clear that this right includes the right to publish a work
anonymously or under a pseudonym. The artist also has a right to demand that his or her
name be removed from a work in the event of a distortion, mutilation. or other
modification of the work to which the artist has not consented, and is prejudicial to his or
her honor or reputation. In addition, the Act provides for a legal course of action to allow
an artist under specified circumstances to prevent the destruction, distortion, mutilation, or
modification of a work of visual art. In any such action, the artist has the burden of
establishing that the alteration of the work is harmful to his or her professional honor or
reputatr on.
(
A. Works Covered
The Visual Artists Rights Act of 1990 is limited only to “work of visual art,“ defined as
a painting, drawing, print, or sculpture existing in a single copy or in a limited edition
of 200 copies or less. The copies of a limited edition must be signed and consecutively
numbered by the artist. In the case of multiple casts, carved or fabricated sculptures,
the work must be a limited edition of 200 or less, be consecutively numbered by the
artist, and bear the signature or “other identifying mark“ of the artist.
The destruction of a work of recognized stature by an intentional act or an act of gross
negligence is a violation of the artist’s right and would subject the person destroying
the work to suit for damages by the artist.
This law states several exceptions to the artist’s rights. First, a modification of a work
that is a result of the passage of time or the inherent nature of the materials is not
actionable. Second, the modification of a work that is the result of conservation or the
(
15
APPENDIX A
Page 2
public presentation of the work including lighting and placement is not actionable
unless the modification of the work is caused by gross negligence.
If a work was created prior to the effective date, the rights under the statute apply if
title to the work has not been transferred prior to the effective date.
B. Transfer and Waiver
Only the artist has the rights created by VARA 1990. No rights may be transferred
under this Act. Rights may be waived if the artist agrees to waive his/her rights in
writing. In the case of a joint work, a waiver made by one artist waives the rights for
all artists of the joint work. The transfer of ownership of a copy of a work of visual art
does not constitute a waiver of rights.
C. State Law Preemption
The Visual Artists Rights Act attempts to create a uniform national standard with
respect to the rights of integrity and attribution. Therefore, the Act preempts or
extinguishes all legal or equitable rights that are equivalent to the rights conferred by
the Visual Artists Rights Act. This general rule ofpreemption is subject to three
important exceptions. First, the Act does not preempt rights, which are not equivalent
to the rights contained in the bill; for example, California’s resale royalty statute would
not be preempted by this Act. Second, the statutes, which extend rights beyond the life
of the artist, are not preempted by this Act. Finally, this Act does not preempt a cause
of action arising from undertakings commenced before the effective date of the statute.
D. Remedy
Like copyright infringement, an artist who seeks to assert his or her rights under the
statute may do so by filing a lawsuit in federal court. An artist may seek an injunction
to claim authorship or disclaim false authorship of a work or to prevent distortion,
mutilation or destruction of a work as outlined above. If the distortion, mutilation or
destruction has already occurred, the artist can sue for damages. The artist can either
establish the actual damage to his or her honor or reputation or claim the statutory
damages of up to $10,000. 1f the artist prevails in court, the judge may also order the
defendant to pay the artist’s attorney fees.
E. Removal of Visual Art from Buildings
1.If a work of visual art has been incorporated or made part of a building in such a
manner that removal of the work would cause the destruction, distortion, mutilation
or other modification of that work, the rights shall not apply if the artist consented
to the installation of the work in the building before the effective date of the law.
In addition, these rights shall not apply if the artist and the building owner have
executed a written statement that installation of work may subject the work to
destruction, distortion, mutilation, or other modification, by reason of its removal.
16
APPENDIX A
Page 3
2.If the owner of building wishes to remove a work from a building and the work can
be removed without its destruction, distortion, etc., the artist’s rights will apply but
there are exceptions. The right will not apply if the owner has notified the artist, in
writing, that he or she intends to remove the work, and the artist has failed to
respond to the owner’s notice that the artist must either remove the work or pay for
its removal within ninety days after receiving the owner’s written notice. The
written notice must be sent by registered mail to the artist at his or her most recent
address. If the work is removed at the artist’s expense, title to that copy of the
work belongs to the artist.
3.In order to give the artist the practical opportunity to remove works which have
been incorporated into buildings, the Register of Copyrights has established a
system or records whereby the artist of work that has been incorporated in or made
part of a building can record his or her identity and current address. This system
provides the artist with the opportunity to update his/her personal information. In
addition, the system provides the owners of buildings with the opportunity to
record evidence of their efforts to comply with the law.
F. Law Codes
A copy of the law can be found: Federal Code; Visual Rights Act of 1990, 17 USC
Sections 101, 106A, 107, 113, 301, 411, 412, 501, 506. Materials written above were
excerpted from “Congress Passes Visual Artists Rights Act,“ National Artists Equity,
autumn 1990.
[
17
APPENDIX B
Downey’s Art in Public Places Advisory Committee
1.Responsibilities
The Art in Public Places Advisory Committee is the formal body responsible for reviewing
all public art applications in order to ensure compliance with the Art in Public Places
program criteria, as established by City Ordinance and making recommendation for
approval by the City Council. Responsibilities include: attending all public art review
meetings, exercising judgment that is fair and consistent with policy guidelines, advising
the City Council on all public art related issues, and upholding the reputation and integrity
of the Art in Public Places Program and the City of Downey. The Committee meets on an
as needed basis.
II. General Criteria
A
B
C
D.
E
Downey resident and voter.
Enthusiastic commitment to the betterment of the community.
Oriented toward service to people and sensitive to their needs.
Must understand the relationship with the City Council and the Committee’s role as an
advisory body to the Council.
Able to demonstrate education, experience and commitment in the visual arts,
including sculpture.
18
SAMPLE
APPENDIX C
City of Downey Art in Public Places
Budget Breakdown
Artist Design
Artwork Material
Fabrication
Art Consultant – not to exceed 20% of allocation
(if applicable)
Transportation of Artwork
Concrete or Base
Structural Engineering
Lighting/Electrical (for artwork only)
Water Related Expenses (if applicable)
Art Related Expenses (if applicable)
Other Expenses (please list)
S
$
$
$
$
$
$
$
$
I
TOTAL $
The total should equal or exceed the minimum 1% art allocation for the project.
19
APPENDIX D
SAMPLE
CONTRACT OF SALE OF A WORK OF ART
AGREEMENT made as of the day of in the year between
(herein referred to as the Collector) located in
and (herein referred
to as the Artist) located in , with respect to the sale of a
sculpture (herein referred to as the Work).
WHEREAS the Artist has created the Work and has full right, title, and interest therein; and
WHEREAS, the Artist wishes to sell the Work; and
WHEREAS, the Collector has viewed the Work and wishes to purchase it,
NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations,
covenants, and conditions hereinafter set forth, and other valuable considerations, the parties
hereto agree as follows:
1 DESCRIPTION OF THE ARTWORK:
[Include title, style, medium, dimensions, weight, year of creation, and any other
description.]
I SALE AND PAYMENT
The Artist hereby agrees to sell the Work and Collector agrees to purchase the Work for a
purchase price of . Payment shall be made in installments:
a. A deposit of $ ( %) upon the signing of this Agreement.
b. A payment of $ ( %) upon
c. A final payment of $ ( %) upon delivery of the completed Work.
3.DELIVERIES AND INSTALLATION
[Specify location of delivery and who is responsible for shipping and installation charges.]
4 RISK OF LOSS AND INSURANCE
The risk of loss or damage to the Work and the provision of any insurance to cover such
loss or damage shall be the responsibility of the Collector upon installation.
5 MAINTENANCE
The Collector agrees to abide by the Maintenance Instructions of the Artist listed below, as
a condition of sale of the Work.
[ Artist instructions, including methods, materials, frequency of routine cleaning, and
suggested practices for occasional preservation treatments or conservation.]
6 NON-DESTRUCTION
Owner will not undertake or permit any intentional destruction, damage, or modification to
the Artwork
20
APPENDIX D
Page 2
7.RESTORATION
Artist agrees to be responsible for repairs, not arising from intentional damage or neglect,
for up to year(s) (typically one year), without charge to the Owner. Owner agrees to
notify Artist before any restoration is undertaken and the Artist shall have first opportunity
to restore the Work, for a reasonable fee, if beyond the aforementioned time limit.
8.FUNDING SOURCE
The Owner agrees to establish a funding source for necessary on-going maintenance. A
Homeowner’s Association has been designated (if applicable) to fund and care for the
sculpture on the owner’s behalf, as specified by the Artist in this Agreement.
9.COPYRIGHT AND REPRODUCTION
The Artist reserves all reproduction rights, including the right to claim statutory copyright,
in the Work. All approved reproduction shall bear copyright notice with the Artist’s name
and date.
10.MISCELLANEOUS
The Agreement shall be binding upon the parties hereto, their heirs, successors, assigns and
personal representatives. The Agreement constitutes the entire understanding between the
parties; only an instrument in writing assigned by all parties can modify its terms. A
waiver of any breech of any of the provisions of this Agreement shall not be construed as a
continuing waiver of other breeches of the same or other provisions hereof. The laws of
the State of California shall govern this Agreement.
IN WITNESS WHEREOF the parties hereto have signed this Agreement as the date first set
forth above.
ARTIST DATE
DATE
DATE
COLLECTOR
ART CONSULTANT
DATE
HOMEOWNER’S ASSOCIATON (if applicable)
Sculpture Maintenance Contact (the City will contact this person for future needs)
Person Name. Title:
Company:
Mailing Address :
Phone/FAX:
E-mail :
21
APPENDIX E
*Note: This form for use by the Public Art Committee at the Review Meeting.
City of Downey Art in Public Places
Advisory Committee Review Checklist
Project
Artist
Date Reviewed
Committee Members
Artwork Title
Meets
Criteria
Does Not
Meet Criteria I CommentsCriteria
I. Art Piece
Scale: life-size 5’ or larger (excluding base)
Permanent and weather resistant media, armature and
framework of rust free materials, foundry materials
and metals breakdown by percentage.
• Expressive properties (mood, feeling, message,
symbolism).
• Formal properties (balance, emphasis, color,
repetition/rhythm. unity, form/shape, texture).
Proposal shows how work will engage public interest
(provokes discussion, a closer look, intrigues,
entertains, etc.). Is public input/survey requested?
Liability and Safety conditions
Original work of art (Editions limited to 5)
II. Artist
Education/training in the visual arts and sculpture
Exhibit records and collections
ExDerience with large scale outdoor artwork
Verification of purchase price of past works
III. Site/Installation
Clearly visible to motorists and pedestrians from
nlajor public street.
No more than 50 feet from public street(s)
Base well integrated to landscape
Lighting instruments and lighting plan
No signs, utility boxes, or other conditions limiting
public view.
Sculpture plaque
Installation design approved by structural engineer.
Landscape plan will not pose future visibility or
conservation problems.
)
V. Artist/Developer Contract of Sale
VI. Maintenance Instructions/Maintenance Fund
22
APPENDIX F
*Note: This form for applicant use only. Please keep for your records.
City of Downey Art in Public Places
plication Checklist
Date
Applicant
Project
For description of each item see Appendix G, Application Instructions.
[] 1. Application– FormA
Site plan indicating sculpture location.
Photographs or computer enhanced image of site/sculpture location.
[] 4. Landscape plan
[] 5. Lighting plan (specific instruments)
LJ 6. Artist statement
[] 7. M,q.,tte(s) o, drawings ,fp„p„,d w„k
[] 8. Sample materials or finishes of proposed work
[] 9. Installation design (to be approved by structural engineer)
[] 10. Artist’s current resume
[] 11. Artist’s history of public art commissions – Form B
[] 12. Slides and photographs of artist’s previous works
[] 13. Edition number and locations of other pieces in the series (if applicable).
[] 14. Budget b,eakdown
LJ 15. Maintenance instructions
LJ 16. Drain contract of sale
93
APPENDIX G
*Note: This form for applicant use only. Please keep for your records.
City of Downey Art in Public Places
Application Instructions/Submittal Requirements
Please submit the following application materials to the City of Downey, Community Services
Department. City of Downey staff must receive all application materials prior to scheduling an Art in
Public Places Advisory Committee review meeting. The review meeting will be set within thirty (30)
days once all application materials are complete.
1. Application – Form A
9 Site plan of the development, including the following:
a.
b
C.
Proposed placement of the sculpture.
Distance in measurement between the sculpture and public streets.
Placement of any existing and/or future monumental or temporary signs, utility boxes, nearby
street signals, or structures which may impede public view of the sculpture from the public
street
3 . 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. An image of the sculpture may be
superimposed on a photograph of the site. Please make to scale.
4. Landscape plan, including the location(s) and type(s) of trees and shrubbery, in relation to the
sculpture .
5.Lighting plan for sculpture, specifying location, number. and type of fixtures to be used.
6. Artist statement, describing artist’s style, artistic concept and content, relationship between proposed
artwork and the project. The developer should explain to the Committee why the proposed work
was chosen and how it will enhance the development, complement the existing art program, and
engage public viewing and comments.
7. Drawings, or maquette(s), of the proposed artwork. The maquette may be brought to the Committee
nleetrng.
8.Sample materials or finishes of the proposed artwork.
9. Installation design of the proposed artwork, stamped by a licensed Structural Engineer, certifying the
art as structurally sound, safe, and durable.
10. Current and complete curriculum vitae of the artist (including art training and education, group and
solos exhibitions, private and public collections.
24
APPENDIX G
Page 2
11.Artist’s history of public art commissions. The value of the proposed piece is verified by previous
commissions of similar style work (by medium, style, and size). Records should indicate
commissions progressing toward or exceeding the proposed commission amount. City staff will
verify the artist’s records of past sales of similar sculpture(s). If the value of the proposed work
cannot be verified, due to inconsistencies in the record, a certified art appraiser at the developer’s
expense may review the proposed artwork (see page 3, Allowable Expenses from Art Allocation).
12. Slides, photographs, or other collateral (reviews, critiques, articles) of past works, corresponding to
the listings in items 10 and 1 1.
13 . Edition number of the proposed work (if part of a limited edition series) and locations of all other
pieces in the series.
14. Budget breakdown including artist fees for design concept, materials, fabrication, transportation,
installation, and art consultant fees (if applicable). The total budget should equal or exceed the
minimum 1% art allocation.
15. The artist’s maintenance instructions for routine and long-term preservation shall be included in the
contract of sale (see pages 12, Maintenance Instructions). The instructions may be amended as
needed, pending the results of the Art in Public Places Committee review meeting.
16. Draft contract of sale (see Appendix D, Sample Contract of Sale). The draft contract may be
amended as needed, pending results of the Art in Public Places Committee review meeting. After
approval by the Art in Public Places Committee, a final contract must be signed by the property
owner, artist, and art consultant (if applicable), and submitted to the City of Downey.
25
APPENDIX H
FORM A City of Downey Art in Public Places Application
Date Submitted:
Minimum Art Allocation:
Project Name:
Development Location/Address :
Location of Art Piece (be specific)
Developer:
Address :
Phone:
Property Owner:
Address :
Phone:
Artist:
Contact Person:
Fax :
Fax :
In
Phone Fax :
Title of Art Piece:
Selling Price: (includes consultant fees)
Description of All Piece:
Dimensions:
Media:
Percentage breakdown of metal alloys (for bronzes) :
Armature Material :
Paint type, brand, color (if applicable):
Description of Art Foundation or Base:
Landscape Description:
Lighting Description:
Sprinkler Description at Sculpture Base
Distance between Public Street and Art Piece:
Installation Date:
Dedication/Unveiling Plans:
26
FORM B
Al'rH IN 1 lINI
Artist Name
Commission
2
Artist’s History of Public Art Commissions
Please list in order of most recent. Use additional sheets if needed.
_Project
No. 1 Title I Medium I Dimensions I Purchaser and Phone I Location [ Date of
Number 1 1 Commission i Amount
1. Downey: