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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 Any other motion or action by the City Council adopting a Public Art Policy is hereby rescinded and no longer of any force or effect.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 T;1qqff1qK1L9r DIVI 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