HomeMy WebLinkAboutReso 31-16 - Public Art PolicyRESOLUTION NO. 3146
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA
ADOPTING THE CITY'S PUBLIC ART POLICY
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, in 2006, the City Council passed a motion adopting the Public Art Policy,
which provides guidance on the acceptance of donated art work to the City; and
WHEREAS, donated art to the City is intended to enhance the public landscape in the
community; and
WHEREAS, the City Council adopted that policy by motion, and an administrative
application process was created to provide potential donors with guidance; and
WHEREAS, it is appropriate for the City Council to adopt such a policy by formal
resolution; and
WHEREAS, from time to time, it is appropriate to review existing policies and
procedures and update them as necessary to refl
ect current trends and practices.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro
Bay, California, as follows:
1, The attached City's Public Art Policy is hereby adopted.
2. Any other motion or action by the City Council adopting a Public Art Policy is hereby
rescinded and no longer of any force or effect. However, all art work installed or approved for
installation prior to the effective date of this Resolution, pursuant to any such other motion or
action, will be deemed to meet the Public Art Policy hereby adopted.
PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular
meeting thereof held on this 26th day of April, 2016 on the following vote:
AYES: Irons, Headding, Makowetski, Smukler
NOES: None
ABSENT: Johnson
ABSTAIN: None
ATTEST:
N
ANA SWANSON, City Clerk
City Council Resolution No. 31-16
PiT ®SE
The City of Morro Bay encourages public art on appropriate City -owned property. The purpose of
this policy is to set forth standardized policies and procedures for the acceptance of donated artwork
offered to the City by the artist.
DEI+ INITI®N ®F PUBLIC ART
For the purpose of this policy, public art will be artwork located in public places (indoor or outdoor)
owned by the City of Morro Bay.
RE`IIEW PR®CEDIJRE
A. Any artist wishing to donate artwork to the City of Morro Bay must submit a request to the
Recreation Services Division that includes the following information in order to be considered
complete:
1. Photo, plans or model of proposed donation,
2. Technical description of the work,
3. A statement related to the proposed site of the work and why the art is appropriate for
that site,
4. Any special care, maintenance, mounting or display requirements,
5. Resume of the artist,
6. Statement of value of the proposed donation, and
7. A statement regarding provision of necessary funds/resources to properly install, care
for and maintain the donated public art.
B. City staff shall review the application and supporting documentation for the proposed
donation. Upon finding the application is complete, City staff shall place the application on
the agenda of the Recreation and Parks Commission and any other relevant advisory body for
its comments. Input shall be encouraged from the Morro Bay Art Association and the public
at large. It shall then go to the City Council for final approval or denial.
SELECTI®N CRITERIA
A. The City Council will consider the following criteria when determining whether to accept a
donation of public art.
I. The design and placement of public art
will not impede pedestrian or vehicle traffic
or conflict with public or private easements,
2. Whether the artist has the necessary funds/resources to properly install, care for and
maintain the donated public art, and
3. Appropriateness of the site.
ACCEPT
ANCE
A. If the City Council votes to accept the .donated artwork, then the artist shall sign an Artist
Waiver for Public Art Placed upon Citv Property (Exhibit A) agreement. Upon execution of
the agreement by the artist, title of the artwork shall pass to the City.
B. The City in its sole discretion may remove from its collection any donated art
work. In such
event, the City shall make reasonable efforts to contact the artist who donated the artwork, or
his/her heirs, and offer to return the artwork. If the artist or heirs cannot be located after
reasonable efforts, or the artist or heirs decline to accept the return of the artwork, the City
may determine the disposition of the artwork.
City Council Resolution No. 31-16
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RTIST WAIVER FORPUBLIC ART PLACED UPON
PROPERTYCITY
The provisions of this Waiver shall apply to modify Artist's rights of attribution and integrity as
set out in the Visual Artists Rights Act, 17 U.S.0 §§ 106A and 113(d) ("VARA"), the California
Art Preservation Act, Cal. Civil Code §§ 987 and 989 ("CAPA"), and any rights arising under
United States federal or state law or under the laws of another country that convey rights of the
same nature as those conveyed under VARA and CAPA, as against the City of Morro Bay
("City") and its officers, officials, employees, agents and authorized volunteers.
In whole or in part, in City's sole discretion, the City has the absolute right to change, modify,
destroy, remove, relocate, move, replace, transport, repair or restore the following Artwork:
(insert description)
entitled: (insert title
and located at: (insert location)..
Artist hereby waives voluntarily any and all claims as may arise against the City, its officers,
officials, employees, agents and authorized volunteers under VARA or CAPA or any other local,
state, foreign or international law, as currently drafted or as may hereafter be amended, that
conveys the same or similar rights, with respect to the Artwork.
Artist's Address for Notice: (insert address
Artist bears the sole responsibility for providing the City with any changes to the Artist's
Address for Notice. Notice of changes must be mailed to the Public Works Department, 955
Shasta Ave Morro Bay, CA 93442 and the City Department with jurisdiction over property:
(insert address of City -owned property where art -will be located)
Artist's First and Last Name
Artist's Signature/ Date
City Signature/Date