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HomeMy WebLinkAbout12/07/2010, C3 - ACCEPTANCE OF DONATIONS TO ENHANCE THE PUBLIC ART PROJECT AT THE MEADOW PARK COMMUNITY GARDEN council mwemgD� 12-7-10 A acenaa nepoRt t;N. �3 CITY OF SAN LUIS OBISPO FROM: Shelly Stanwyck,Acting Parks and Recreation Director Prepared by: Shannon Bates,Recreation Manager SUBJECT: ACCEPTANCE OF DONATIONS TO ENHANCE THE PUBLIC ART PROJECT AT THE MEADOW PARK COMMUNITY GARDEN RECOMMENDATION 1. Accept a donation from the Cydney Holcomb Trust in the amount of $15,400 to enhance the Cydney Holcomb memorial art piece at the Meadow Park Community Garden and authorize the Mayor to sign the Donation Acceptance Agreement, 2. Accept a donation from the Holcomb Family Trust and appropriate funds in the amount of $15,000 to enhance the Cydney Holcomb memorial art piece at the Meadow Park Community Garden and authorize the Mayor to sign the Donation Acceptance Agreement. DISCUSSION Background Traditionally, once the City's two-year Financial Plan is approved by Council, the public art funds allocated from General Fund Capital Improvement Projects (C1Ps) are placed in a separate account and supplemented with funding from the Art in Private Development program (art-in- lieu). Later these "public art funds" are allocated among projects identified and recommended by the CII'Review Committee with final approval of fund allocations by Council. On January 19, 2010, Council approved funding for a public art project at the Meadow Park Community Garden(Attachment 1). At that time, Council was informed that Cydney Holcomb, a San Luis Obispo neighborhood advocate who passed away in the summer of 2009, intended to donate, via her trust, the Cydney Holcomb Trust, $15,000 to the City for public art. At the same time, Cydney's friends and family identified additional plans to make donations to recognize her contribution. Staff recommended that, to honor Cydney's tireless commitment to quality neighborhoods and love for San Luis Obispo, the new Meadow Park Community Garden would be the perfect fit for the Cydney Holcomb honorary public art project. Receipt of Trust Funds At the end of October, upon receiving the disbursement from the Cydney Holcomb Trust, staff was surprised to also receive a check for an additional $15,000 donation from the Holcomb CM Donation for Meadow Park Community Garden Public Art Project Page 2 Family's Trust. This additional donation is to be used to enhance the Cydney Holcomb honorary art project at the community gardens. Acceptance of Donations for Cydney Holcomb Memorial Art Piece Pursuant to the City's Donation Policy all donations exceeding $5,000 must be approved by Council and accepted through a written agreement (see Attachment 2 for the Donation Policy). Now that the City has received the expected funds from the Cydney Holcomb Trust as well as the unexpected funds from the Holcomb Family Trust it is time to accept both donations. The Mayor's execution of Attachment 3, the Donation Acceptance Agreement, will mark the official acceptance of both of these donations. Next Steps Upon acceptance of all of the donated funds, staff will release a Request for Qualifications (RFQ) for the Meadow Park art piece(s). This RFQ is expected for release in early 2011. Once all applications are received, the Public Art Manager will convene a public art jury to review and ultimately select a finalist. That process should be complete by summer 2011. Both the Architecture Review Commission (ARC) and Council will consider the proposed artwork (Fall 2011). Upon receiving final concept approval the piece(s) will go into the final phase of review with plans and specifications receiving building permit approvals prior to the fabrication and installation of the piece(s) likely no later than summer 2012. FISCAL IMPACT With Council's acceptance of these two donations, the City will have an additional $15,000 to supplement the existing public art funding allocation for the Meadow Park Community Gardens public art project. The current budget for this project is $55,400 as shown below. With the additional donation the budget will increase to $70,400. Meadow Park Commu ity Garden Public Art Project Holcomb Total In-Lieu 09-11 CIP Donation Budget Current Budget $ 8,200 $ 31,800 $ 15,400 $ 55,400 Proposed Budget $ 8,200 $ 31,800 $ 30,400 $ 70,400 Chane I 1 1 $ 15,000 $ 15,000 ATTACHMENTS 1. January 19, 2010 Council Agenda Report 2. City of San Luis Obispo Donation Policy 3. Proposed Donation Agreement 4. Budget Amendment T:Council Agenda Reports\Parks and Recreation\Cyd Holcomb Trusts Donations C3-2 1 arr�crr-�enr A0councilM.atiD� acEnaa nepoat h�.N—iw CITY O F SAN LUIS O B I S P O FROM: Betsy Kiser,Parks and Recreation Prepared By: Shannon Bates, Recreation Manager SUBJECT: APPROVAL OF PROPOSED 2009-11 PUBLIC ART PROJECTS AND ACCEPTANCE OF PUBLIC ART PIECE "OH GREAT SPIRIT" RECOMMENDATION 1. As recommended by the Capital Improvement Plan Review Committee, approve specific public art projects for funding through the 2009-11 Financial Plan. 2. As recommended by the Public Art Jury and the Architectural Review Commission (ARC), adopt a resolution accepting the donation of the public art piece Oh Great Spirit for installation on the open space at Higuera Street and Prado Road. DISCUSSION Public Art Program In 1990, the City Council established and funded a Visual Arts in Public Places program. The Council determined that 1% of the estimated construction costs of eligible projects in the City's Capital Improvement Plan Program (CIP) should be set aside for public art. The Public Art Program was further enhanced in 2000 with the adoption of the City's Public Art in Private Development program which requires property owners and developers to incorporate a piece(s) of art in new developments or substantially improved developments in the City, or pay a public art in-lieu fee. The minimum cost of the public art, including installation, is an amount equal to one-half of one percent of construction costs in excess of$100,000,up to$50,000 maximum fee. As set forth in the City's Budget and Fiscal Policies, CIP projects are evaluated during the budget process for conformance with the City's public art policy. While it is generally preferable that public art be incorporated directly into a project, this is not practical or desirable for all projects, especially small projects or those with limited visibility. To ensure that funds are adequately budgeted for this purpose, regardless of whether public art is directly incorporated into the project, funds for public art are identified separately in the CIP (see Attachment 1) . Based on the funding amount established under this approach,the CIP Review Committee makes recommendations, following Financial Plan adoption, for the allocation of this amount by the Council for specific public art projects. This process has been used since the inception of the Visual Arts in Public Places program and has worked well for defining how much the City will set aside each year for public art. During lean years (2003-05, 2005-07 and now again for 2009-11), Council temporarily reduced the percent for public art from 1%to 3/4%to 1/2%respectively to assist with balancing the budget. C3-3 aJ1 CHt'.1DT _ 2009-11 Public Art Projects&Oh Great Spirit Donation Page 2 In November 2009, the CIP Review Committee met to discuss proposed projects and identified several uses for public art funds for Council approval based on the following criteria: 1. Project has high public visibility and use. This is especially the case, for gateways and high pedestrian use areas. 2. Project should lend itself to the inclusion of public art. 3. Except in limited circumstances, public art is generally not appropriate in landscaped medians due to traffic concerns. On one hand, if the work is significant enough to attract driver attention, it may also result in driver inattention. On the other hand, if it is subtle enough not to have this problem,it probably won't meet the criteria for high visibility. 4. Project should be public art ready, meaning the project should be nearing the design phase at near or under construction and will be completed within the two-year CIP. 5. The number of projects should be limited in order to focus staff efforts and result in meaningful pieces of public art. A summary of funding sources is provided in the Fiscal Impact section. Proposed 2009-11 Public Art Projects For FY 2009-11, between the General Fund contributions and the funding available in the in-lieu account, $275,500 is available for public art projects ($290,900 is available including donations). Based on the above criteria, the CIP Review Committee recommends the following projects for Council approval: 1. Meadow Park Community Garden ($55.400). Community Gardens across the country have been shown to improve quality of life, provide a catalyst for neighborhood and community development, stimulate social interaction and beautify neighborhoods. Community gardens have also become a popular place for public art; the garden niches, winding pathways and quiet spots for reflection provide endless opportunities for art such as: sculptures, mosaics, iron works,mobiles or more functional art such as benches,bird baths,or reflection gazing balls. The CIP Review Committee felt that the new Rotary Community Gardens at Meadow Park offer an ideal opportunity for a public art project. Of the $55,400 recommended for this project; $15,400 was recently bequeathed to the City by the late Cydney Holcomb and her family and friends specifically for public art. The Community Garden piece will honor Cyd's contributions to the City during her lifetime, which tirelessly focused on the beautification and safety of our neighborhoods. 2. 9-11 Memorial at.Dispatch Center ($70.000). In November, Fire Chief John Callahan submitted a request on behalf of the City of San Luis Obispo to receive a piece of the World Trade Center (WTC) steel that was recovered from the site after the September 110h attacks in 2001. The Port Authority of New Jersey and New York, as well as the September 11`h Families Association are part of this effort to distribute steel to organizations interested in creating memorials. This is an opportunity to create a lasting memorial honoring the lives of the 2,973 people lost as well as educating future C3-4 1 - `� A.TT;CIiPAE�T� 2009-11 Public Art Projects&Oh Great Spirit Donation Page 3 generations about the events of September 11, 2001. The intent is for artistic elements to be used to showcase the steel in addition to lighting, installation and interpretive information. Pairing the WTC steel with public art allows for a unique and moving collaboration that will result in a memorable piece of art. In addition, the new Dispatch Center seems to provide a fitting and relative setting for such a memorial. 3. Installation of Oh Great Spirit($10,000). If accepted as recommended below,the donated sculpture Oh Great Spirit wi11 require funding for installation, lightning and landscape plan and interpretative plaque as conditioned by the Architecture Review Commission (ARC).Full discussion follows below. 4. Maintenance($15,000). During the 2005-07 Financial Plan process, Council approved an annual allocation of$15,000 to be used for maintenance of the City's current public art collection. There remains $140,500 in public art funding yet to be allocated. Staff is presently evaluating opportunities for an allocation in tandem with the Downtown Beautification and Enhancement Goal, which will be reviewed by Council at the Mid-Year Budget Review on February 23, 2010. For example, our Downtown presently has a number of unattractive utility/traffic control boxes at various high visibility intersections that are in desperate need of enhancement. The Downtown Association (DA) is familiar with a creative program in the City of Ventura and others popping up all over the country that have tied a public art strategy to convert these "eye sores" into a form of public art. Staff is consulting with the DA and may be able to provide a recommendation for art in the downtown with the February 23 report. Other opportunities include the integration of public art at the Santa Rosa Skate Park. As recommended at the community forums and by the design team staff, a designated space for public art has been identified and is included in the final design for the park. The CIP Review Committee supported public art funding for the skate park and will provide a recommendation for public art i with the report authorizing staff to bid the Skate Park project. Approval of public art piece: Oh Great Spirit Background. In 2000, 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 ARC, other commissions where appropriate, and the City Council. In December 2008, the Ernst family approached the City with a donation of the sculpture Oh Great Spirit (see Attachment 2). Per the public art policy, all pieces of donated art are juried. In May 2009, a public art jury reviewed the merits of the piece and recommended acceptance by the City. The next step in the approval process was the review and subsequent approval of Oh Great Spirit by the Architectural Review Commission(ARC)which took place on December 7,2009. Project Description. Oh Great Spirit is a 11 foot tall cast bronze sculpture of a Native American with a weathered patina. Nationally renowned bronze sculptor, Nell Banister Scruggs, describes 0-5 RCNi:iE:iNIT 2009-11 Public Art Projects&Oh Great Spirit Donation Page 4 the piece as honoring the sensitive connections between people, plants, medicine and health that Native Americans first discovered. The donated sculpture is proposed to be installed on the City-owned property located on the southwestern corner of South Higuera Street and Prado Road(see Attachment 3). The sculpture will be installed with an engineered footing that is anchored to a concrete pad located approximately 30 feet back from the South Higuera sidewalk. As shown in the photo rendering (see Attachment 4) the sculpture would have a natural backdrop of plants and trees in the adjacent creek corridor. Lighting will consist of three ground-mounted lights that are positioned to illuminate the sculpture at night. Public Art Jua Review. A public art jury consisting of Craig Kincaid (Parks and Recreation Commission), Jim Trask (Artist), Allen Root (Artist), Peaches Olson (original property owner), Christy Haman (Art in Public Places Committee) and Lauren Bandari (Arts Council) convened on May 22, 2009 to judge the merits of the proposal using the Guidelines for Public Art. The jury evaluated the projects for: 1. Artistic excellence. 2. Appropriateness of scale,form,material, content and design relative to the environment. 3. Relationship to the social,cultural and historical identity of the building. 4. Appropriateness of materials relative to structural and surface integrity,protection against theft, vandalism,public safety and weathering. 5. Ease of maintenance. 6. Appropriateness of proposed method of installation of artwork, and safety and structural factors involved in installation. The jury unanimously recommended Oh Great Spirit for acceptance, describing the piece as "sophisticated and stunning","having extraordinary craftsmanship", and"very impressive." ARC Review. On December 7, 2009, staff presented Oh Great Spirit to the ARC for discussion and approval. Using the Guidelines for Public Art, the ARC found that the artwork meets the criteria for public art and recommended its approval to the City Council, based on findings and subject to conditions(see Attachment 5). The Commission added the following two conditions: 1. A plaque providing information about the artist and the piece shall be installed near the sculpture. The narrative provided on the plaque shall be a collaborative effort with input from the artist,the City, and the Chumash Tribal Council. 2. A landscaping plan shall be submitted along with plans for a building permit which shows proposed improvements such as a pathway around the piece and includes supplemental planting to highlight the piece that is naturalistic and takes advantage of the site's riparian backdrop. C3-6 2009-11 Public Art Projects&Oh Great Spirit Donation Page 5 CONCURRENCES The proposed public art projects for 2009-11 were developed and recommended by the CIP review Committee. The Public Art Jury and the ARC also reviewed Oh Great Spirit and recommended that the piece be approved for the open space at Higuera Street and Prado Road. The Chumash Tribal Council has been involved in the review and has given approval of the piece subject to signage with language agreed upon by staff and the tribal council. FISCAL IMPACT At one time, $10,000 was programmed for public art in conjunction with the Little Theater Sidewalk Replacement project. However, Public Works staff found that the public art did not easily fit into the construction contract; the limited funding available for this project did not allow for the contractor to work with an artist. In addition, staff was concerned about the close proximity to an existing public art piece and viability for the two pieces to work together cohesively. City Manager approval in September 2009 allowed for the re-programming of the funds for 2009-11 public art projects. Therefore, the CIP allocation for public art, the Public Art In-Lieu fees (private development),the re-programmed funds from the Little Theater Sidewalk project and the Holcomb Trust donation provide a total of $290,900 for public art projects in 2009-11. The following table outlines the recommended projects and funding source(s): Pro Community Garden 8,200 31,800 15,400 55,400 9-11 Memorial 70,000 70,000 Oh Great Spirit 10,000 10,000 Maintenenace 15,000 15,000 Reserve 140,500 140,500 Fund Total 1 233,7001 31,8001 10,0001 15,4001 290,9001 ALTERNATIVES 1. Council could redistribute funds among other projects, allocating more funding than recommended for one project and less for another or could recommend other locations for public art. 2. Council could delete one or more of the projects from the recommended list and redistribute funds among remaining projects. The current recommendation reflects staffs intent to meet the public art criteria and acquire quality pieces of art for the scale needed for the location. 3. Reject the piece Oh Great Spirit. This is not recommended based upon the concurrences identified above. Should Council choose this alternative it would need to provide staff with direction for finding a new home for the piece. ATTACHMENTS 1. 2009-11 Public Art CIP 2. Letter of donation from Ernst family 3. Vicinity and Site Map for Oh Great Spirit C3-7 "� » .ncH,-JEr—�_ 2009-11 Public Art Projects&Oh Great Spirit Donation Page 6 4. Description and rendering of Oh Great Spirit 5. ARC Findings and Conditions 6. Resolution of Acceptance for Oh Great Spirit T:\Council Agenda ReporlsTarks&Recreation CARTublic ArtW9-11 CAR#2.doc ',l i,),CF1MFArr Section 760 DONATION POLICY 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 appropriate practice 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 $5,006 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 745-t - C3-9 Donation Policy 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. Mayor Allen Settle ATTEST: r Lee Price,City Clem APPROVED AS TO FORM: eo en Attorney 7Y e1-77` 745-2 MANN DONATION ACCEPTANCE AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on , 2010 by and between the CITY OF SAN LUIS OBISPO,a municipal corporation,hereinafter referred to as City,and the Cydney Holcomb Trust and the Holcomb Family Trust,hereinafter referred to as Donors. WITNESSETH: WHEREAS,the City desires to enhance the public art project at the Meadow Park Community Gardens;and WHEREAS,Donors each desire to provide$15,000 for a total of$30.000 to the City to facilitate and install a public art piece in honor of Cydney Holcomb(hereinafter referred to as"Donation");and WHEREAS, acceptance of the Donation is consistent with City policy as set forth in City Council Resolution No. 8965 (1999 Series). NOW THEREFORE, in consideration of their mutual promises,obligations and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above,until acceptance or completion of said services. 2. CITY'S OBLIGATIONS. The City shall perform as follows: a. Install a public art piece at the Meadow Park Community Gardents in honor of Cydney Holcomb; b. Coordinate and provide oversight to the project to ensure that the it conforms to City specifications; 3. RECOGNITTION. The donors shall be recognized in the following manner: a. The City will install a plaque on or near the art piece containing the names of Donors; b. At such time as the construction of the public art piece is completed, City, in collaboration with the Donors, shall hold a ceremony at which the art will be introduced to the community and Donors shall receive appropriate recognition. 4. TAX STATUS OF CITY: City hereby confirms that City is an organization described in Section 501( c)(3) and 170(b)(1)(A)(v) of the Internal Revenue Code, to which contributions are deductible for Federal income tax purposes to the extent provided in Section 170 and all other applicable sections of the Code. Donor acknowledges and understands that he/she should consult with his or her tax consultant as to the deductibility of the Donation for Federal income tax purposes and that nothing herein constitutes tax advice. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Administrative Officer of the City. 0-11 AlTADNE93 Agreement—Holcomb Family Trust Donation for public art project at Meadow Park Community Gardens Page 2 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference,shall constitute the complete agreement between the parties hereto. No oral agreement,understanding,or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement,understanding,or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail,postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor Jeff Hall,Executor c/o John Ronca,Attorney at Law 755 Santa Rosa Suite 310 San Luis Obispo,CA 93401 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: Elaina Cano,City Clerk Jan Howell Marx,Mayor APPROYEP AS TO F DONATORS By: ity Attorney Cydney Holcomb Trust By: Holcomb Family Trust C3-12 �TlAviiM,ENT �IIIIIIIIIIIIIII����II(III ( I I I city of san lues ompo BUDGET AMENDMENT REQUEST Requesting Department Fund Name Fund No. Parks and Recreation IPublic Art 260 REVENUES AND OTHER FINANCING SOURCES Amendment Account Description Revenue Account No. Amount Usual Arts In Public Places 47010 15,000 TOTAL. 15,000 EXPENDITURES AND OTHER FINANCING USES General Ledger No, Capital Project No. Amendment Account Description Program Account Project Phase Amount Community Garden Art 26060100 91017965 91017260 91017965 15,000 TOTAL 15,000 PURPOSE Holcomb donation to Community Garden public art account Department Nead Date Director of Finance Date City Administrative Officer Date Entered By Date Page of C3-13