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HomeMy WebLinkAboutResolution No. 06-6894 - Amend "Art in Public Places"Policy Manual - repeals # 05-6682RESOLUTION NO. 06-6894 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE “ART IN PUBLIC PLACES” POLICY MANUAL WHEREAS, an Art in Public Places Program is established in the City of Downey Municipal Code Section 8950-8970; and WHEREAS, the City Council adopted a Manual via Resolution No. 05-6682 for the administration of the program; and WHEREAS, the City Council wishes to amend the Manual. 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 heretn by this reference, is hereby adopted. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 24th day of January, 2006. o ATTEST: q&d//A)K KATHLEEN L. MiDSTOKKE, City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 24th day of January, 2006, by the following vote, to wit AYES: NOES: ABSENT: ABSTAIN : 5 Council Members: Bayer, Cartozian, Gafin, Trejo, Mayor Perkins 0 Council Member: None 0 Council Member: None 0 Council Member: None #aMg%MazZ KATHLEEN L. MIDSTOKKE, City Clerk Exhibit A 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. Definitions C. Public Art Requirement.............................................................................. 2 D. Payment of Fee...........................................................................................2 E. Installation of Public Art by Developer ..................................................... 2 F. Art Allocation Expenses............................................................................. 3 1. Allowable Expenses from Art Allocation............................................ 3 2. Expenses Not Allowed from Art Allocation........................................ 3 G.Artist and Artwork Selection 1. Artist and Artwork 2. Art Consultant...................................................................................... 4 4 4 H. Value Verification......................................................................................4 II. The Application Process A. Overview .............................................4 B.Application Steps ....................................................................................... 1. Plan Review ......................................................................................... 2. Artist Selection 3. Preliminary Review with Staff............................................................. 4. Art in Public Places Advisory Committee Review .............................. 5. Notification and Follow-Up ................................................................. 6. Unveiling Plans .................................................................................... 4 4 5 5 5 5 6 C. If the Proposed Application is Not Approved............................................ 6 1. Developer Options ............................................................................... 6 2. The Appeal Process.............................................................................. 6 D. The Art in Public Places Advisory Committee ..........................................6 111.Review Criteria and Requirements A. B. Artist Qualifications .... . . 1. Experience ........................................ 2. Verification of Past Works..............., Artwork Criteria 1. Artistic Expression and Innovation..., 2. Scale and Content................. 3. Permanence and Materials 4. Multiple Editions.................., 5. Public Liability and Safety..............., 6. Water Features and Fountains .......... 6 7 7 7 7 7 8 9 9 9 C Site and Installation Requirements 1. Visibility.................................. 2. Signage.................................... 3. Lighting and Electrical............ 4. Landscaping and Base,5. Identification .............. 9 9 10 10 10 10 D. Budget and Contract.., 1. Budget Breakdown... 2. Contract of Sale... 10 10 10 11 11 11 12 12 E.Maintenance 1. Responsibilities ..............., 2. Maintenance Instructions 3. Maintenance Conditions.. 4. Payment of Maintenance., 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 .. . 12 12 13 13 13 ApperLdices Visual Art Laws for Artists and Owners .................... Downey’s Art in Public Places Advisory Committee Sample Budget Breakdown ........................... Sample Contract of Sale of a Work of Art . . , Advisory Committee Review Checklist . . .. . . , Application Checklist .................................................. Application Instructions/Submittal Requirements ..... , Application – Form A ............ Application – Form B.... , 14 17 18 19 21 D) 23 25 26 l Downey’s Art in Public Places Program 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 original Art in Public Places Policy Manual by Resolution No. 05-6882 on November 22, 2005. Since that time, it has been amended by the City Council by Resolution No. 06-6894. 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 comrnunlty. - B. Definitions 1. Commercial Building means any building or structure, all or part of which contains a commercial or light industrial use. 2. Residential Building means any building or structure, all or part of which contains an element of housing and also consists of more than four dwelling units, attached or detached, the total value of which exceeds $500,000. 3. Reconstruction means all alternations or additions made to an existing commercial building within any twelve (12) month period that exceed fifty percent (50%) of the value of the existing building’s current valuation as deterrnined by the Building Official. 4.Construction costs means the total value of building construction work as determined by the Building Official using the same methods as those applied to determine the building permit fee and building valuation. The costs of any associated parking structure, which does not include any other use, will be excluded from such calculations. 5.Reconstruction costs means the total value of building improvement work as determined by the Building Official using the same methods as those applied to determine the building permit fee and building valuation.. The costs of the following activities shall be excluded from such calculations: parking structure, building maintenance, and building repair made due to natural disasters or fire damage. 6. Fee shall be mean one percent (1%) of the construction or reconstruction costs as determined by the Building Official. The maximum fee per project is SI 50,000. 7. Value of art work means the total expenses incurred for the art work as established in section I.F. 8.Committee means the Public Arts Committee as created by DMC section 8970. C. Public Art Requirement All developments that involve the construction or reconstruction of commercial and residential buildings shall be subject to the public arts program. Developers will either pay a cash payment equal to the public arts fee or install public art on their property in accordance with the provisions of this manual. D. Payment of Fee Developers who do not participate in the development of public art on their property shall make a cash payment equal to the public art fee. The cash payment will be made when a building permit is issued. All cash payments will be deposited into a special trust account maintained by the Finance Department. The funds in the trust account will be reserved for public art. The Community Services Department will be responsible for developing public art projects that will be funded by the trust account. The Community Services Department will review all proposed public art projects with the Committee prior to completing a proposed project. Also, all public art projects and the amount of funding used for such projects must be approved by the City Council. E. Installation of Public Art by Developer Developers who wish to provide public art as part of their project will comply with the procedures described in this manual. The developer must provide public art with a value equal to or greater than the public art fee. In order to guarantee that the developer will fulfill the public art obligation, the developer shall pay a cash deposit equal to the public art fee when a building permit is issued. After the 2 developer installs the public art, the Community Services Director shall request that the Finance Department refund the deposit paid by the developer. If the developer fails to install a public art piece as approved by the Committee within six months of receiving a final building inspection approval on the project’s building permit, then the deposit shall be forfeited and the deposit amount will be deposited in the public arts trust account. 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.) 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 structures, prefabricated water or electrical features not created by the artist, 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. 3 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 (20c%) 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. 11. 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 the development review process in order to allow for integration of the artwork into the overall project design and ensure timely completion of the project and artwork. 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 $500,000 or more, staff informs the developer of the 4 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 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 approval it shall be submitted for City Council approval at its next available regular meeting date. Once approved by the City 5 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 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 6 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 successfblly 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 Conunittee. 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. 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). Monumenta/ is defined as five (5) feet or larger in one dimension. Artwork not traditionally classified as a “three-dimensional sculpture“ (such as environmental artwork)9 is not acceptable. For example, the following are not acceptable: 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 qualified9 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. 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 8 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 fbture 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 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 9 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 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 10 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 (t)pically one year) the artist or art conservator will be responsible for repairs. c) Maintenance funds – how the owner will provide a funding source for rnalntenance. 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. 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 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 pleces 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. 12 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 C'ommittee. 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 replace 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 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 at memorials shall be reviewed based on the following: Does the memorial represent broad community values? Does the significance of the person(s) or event being memorialized 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. 13 APPENDIX A Visual Art Laws for Artists and Owners fSeveral 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.“ 11.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 reputatlon. 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 public presentation of the work including lighting and placement is not actionable unless the modification of the work is caused by gross negligence. 14 APPENDIX A Page 2 i 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. 4R 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. 16 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. 17 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) $ $ $ $ $ $ $ $ TOTAL $ The total should equal or exceed the minimum 1 % art allocation for the project. 18 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 , with respect to the sale of ato as the Artist) located in 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. DESCREPTION OF THE ARTWORK: [Include title, style, medium, dimensions, weight, year of creation, and any other description.] ( 2.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 lo ss 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 la 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 COLLECTOR DATE DATE DATE ART CONSULTANT 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 : 20 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 CRITERIA COMMENTS 1. 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. Artistic Content (for discussion only) : • 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 x ExDerience with large scale outdoor artwork Verification of purchase price of past works III. Site/Installation v d pedestrians from major public street. ) Base well integrated to landscape Lighting instruments and lightingplan 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 Droblems. ) V. Artist/Developer Contract oM VI. Maintenance Instructions/Maintenance Fund I 21 APPENDIX F *Note: This form for applicant use only. Please keep for your records. City of Downey Art in Public Places Application Checklist Date Applicant Project For description of each item see Appendix G. Application Instructions. Application – Form A [] 2. Site plan indicating sculpture location. [] 3. Photographs or computer enhanced image of site/sculpture location. Landscape plan Lighting plan (specific instruments) Artist statement Maquette(s) or drawings of proposed work 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 [] 12. Slides and photographs of artist’s previous works [] 13. Edition number and locations of other pieces in the series (if applicable). LJ 14. Budget breakdown LI 15. Maintenance instructions [] 16. DraR contract of sale Form Bart commISSIons 22 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 2.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 meetrng. 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. r)Q APPENDIX G Page 2 11 Altist’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. 24 APPENDIX H FORM A City of Downey Art in Public Places Application DATE SUBMITTED: Minimum Art Allocation: Project Name: Development Location/A. Location of Art Piece (be Developer: Address: Phone: Property Owner: Address: Phone: Artist : idress specif C): Contact Person: Fax: Fax: Address Phone Fax: Title of Art Piece: Selling Price: (includes consultant fees) Description of Art Piece: Dimensions : Media: 1 s): AII:nature 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: PIE FORM B Artist’s History of Public Art Commissions Please list in order of most recent. Use additional sheets if needed. Artist Name Project No. Title Medium I Dimensions 1 Purchaser Location and Phone Number Date of Commission Commission Amount Proposed , I work for I ' I Downey: To be determined 2 3. 5. 6. 7. 8 26