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Home My WebLink About04/01/2003, C3 - ACCEPTANCE OF DONATION OF FUNDING FOR SCULPTURE PUCK TO THE CITY'S PUBLIC ART PROGRAM AND APPROVAL council j ac,Enaa REpoRt C23 C I T Y OF SAN L U IS O B I S P O FROM: Wendy George,ACAO Prepared By: Betsy Kiser, Principal Administrative Analyst LiK SUBJECT: ACCEPTANCE OF DONATION OF FUNDING FOR SCULPTURE PUCK TO THE CITY'S PUBLIC ART PROGRAM AND APPROVAL OF SITE LOCATION CAO RECOMMENDATIONS: 1. Adopt a resolution accepting the donation of$8089 from Tom Copeland for the purchase, installation and dedication of Puck. 2. Approve the installation of Puck in its original location at the Downtown Centre. 3. Authorize staff to proceed with installation and dedication of project. DISCUSSION Policy Direction Several years ago, the City Council adopted a Privately Funded Art in Public Places Policy that allows an individual to donate art to the City if the art 1) meets established criteria for public art, and 2) withstands the rigorous review of a jury, the Architectural Review Commission (ARC), other commissions where appropriate, and the City Council. Additionally, in accordance with the City's adopted Donation Acceptance Policy, all donations exceeding a value of$5000 must be accepted through a written agreement consistent with the policy and subsequently approved by the City Council. Donation to Puck Fund In December 2002, City Council accepted a $75,000 donation from families in the community for the purchase of Elizabeth McQueen's sculpture Puck. City Council also appropriated up to $15,000 from the Public Art In-Lieu account to complete the funding needed to purchase the art ($85,000), install and dedicate it. At the time Puck was presented to Council for approval, a specific site location had yet to be identified, so the funds requested took into account costs that might be associated with major alterations to the site location. Once identified, the location was to be brought back to Council for final approval. The City subsequently purchased Puck and began to research possible sites for installation. In the meantime, five of the six donors and a number of individuals from the community contacted staff with a request that Puck be re-installed in its original location in the Downtown Centre. Although the Guidelines for Public Art state that "Public art shall be located within the public right-of-way, or shall otherwise be easily visible or accessible from a public right-of-way", and GAProjects&Progratns\Public Art\Current Projects\CAR- Puck donation Copeland 303.doc C3- t Council Agenda Report—Puck Donation Page 2 Downtown Centre clearly meets this criteria in terns of being easily visible and accessible from a public right-of-way, because the Downtown Centre is privately owned, there was a question as to whether Puck should be installed on private property when public funds had contributed to its purchase. Then, on February 27, 2003, the City received a check for$8089 from Tom Copeland to replace the City's Art In-Lieu funding actually used to complete the purchase ($7524), with additional funding sufficient to install and dedicate Puck, thus eliminating the use of any public funds for the Puck transaction. (The $15,000 originally allocated will be returned to the Public Art In-Lieu account for use with future projects.) In his letter, Mr. Copeland specifically requested that Puck be placed in the Downtown Centre and agreed to provide assistance with the installation. With the elimination of a City contribution, and following the desires of the majority of the donors, staff recommends that Puck be returned to its original location. CONCURRENCES Because Puck previously received Architectural Review Commission approval for installation in the Downtown Centre and was placed in the Centre for a number of years, no additional approval is necessary. FISCAL IMPACT There is only a minor fiscal impact with the approval of this project. Over the years, some funds will be needed for routine maintenance of the public art. No public funds will be needed for the installation and dedication of Puck. Rather, an amount equal to the donation from Tom Copeland will be returned to the Public Art In-Lieu account for use on future projects. ALTERNATIVES 1. The Council could choose not to accept the monetary donation from Mr. Copeland and instead use Public Art-in-Lieu funds to complete the purchase, installation and dedication of Puck. This is not recommended because these funds are now free to be used for future public art projects that benefit the City. 2. The Council could choose to install Puck at an alternate location. This is not recommended because the Copeland donation specifically requests that the sculpture be placed in the Downtown Centre and to not do so could jeopardize the donation. Additionally, the site is installation ready and to choose another site (such as the City/County Library) would then require the use of the entire $15,000 previously allocated, due to extensive site preparation costs. GAProjects&ProgramsTublic Art\Current Projects\CAR- Puck donation Copeland 303.doc �/ 0 Council Agenda Report—Puck Donation Page 3 ATTACHMENTS Resolution G:\Projects&Programs\Public Art\Current Projects\CAR- Puck donation Copeland 303.doc C33 Resolution No. (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO ACCEPTING THE DONATION OF $8,089 FOR THE PURCHASE, INSTALLATION AND DEDICATION OF PUBLIC ART SCULPTURE"PUCK" WHEREAS, the sculpture"Puck"was removed from the community by the artist; and WHEREAS, pursuant to receipt of a letter, Exhibit A attached herein, and a check in the amount of$8089 from Tom Copeland to enable the City to complete the purchase of Elizabeth McQueen's sculpture"Puck"for the its public art collection; and WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached herein, all donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by City Council; and WHEREAS, Exhibit A serves as the written agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby accepts the donation of$8089 subject to the terms and conditions of Exhibit A and B. Upon motion of Council Member , seconded by Council Member and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this_day of , 2003. Mayor Dave F. Romero ATTEST: Lee Price, City Clerk ZD A ORM: Gilbert Acillo cting City Attorney Copelands' Properties, LLC A P.O. Box 1085 San Luis Obispo, CA 93406 (805) 593-0200 FAX# (805)593-0109 TRANSMITTAL SHEET Here is the information you requested. To save time we have taken the liberty of sending it without a formal cover letter. DATE: February 27, 2003 VIA: STD MAIL TO: Betsy Kiser Principal Administrative Analyst City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 FROM: Tom Copeland CC: RE: PUCK j Enclosed is our check to reinstall Puck into the Downtown Centre. Please give my assistant, Ruth Chapman, 593-0200, a call when everything is finalized and we need to make arrangements to have him replaced. Thank you for your assistance. i DocumenQ ('C Q l'- X�jl�►t g RESOLUTION NO. 8965 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community .groups, and businesses may wish to make donations to the City in either cash or in-kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriatepractice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2. The City may decline any donation without comment or cause. 3. The donation will not be in'conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. 5. The donation will not add to the City's workload unless it provides a net benefit to the city. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7. The donation places no restriction on the City, unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines.and approved by the City Council. In-kind capital donations will be subject to normal City review,permitting, inspection, and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the x 896`. Resolution No. 8965 (1999 Series) Page 2 following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. 11 Mayor Allen Settle ATTEST: r Lee Pike, City Clerk APPROVED AS TO FORM: ` Jeffr f,,A6rerAttorney