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HomeMy WebLinkAbout27 - Donation of Sculpture from Ben Carlson Memorial FoundationCTY OF F NEWPORT BEACH " City Council Staff Report June 23, 2015 Agenda Item No. 27 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tim Netherton, Library Services Director — (949) 717 -3819, thetherton@newportbeachca.gov PREPARED BY: Tim Netherton PHONE: (949) 717 -3810 TITLE: Donation of Sculpture from Ben Carlson Memorial Foundation ABSTRACT: The Ben Carslon Foundation is offering to donate a privately funded memorial statue to the City of Newport Beach. If accepted, the piece will be placed at the base of the Newport Pier. RECOMMENDATION: The City Arts Commission recommends that City Council: a) Accept the donation of a memorial statue from the Ben Carlson Foundation in accordance with Council Policy 1 -11, Acquisition of Art by the City of Newport Beach; b) Waive Council Policy B -11, The City Employees' Memorial at Bob Henry Park; and c) Approve the placement of the statue at the base of the Newport Pier. FUNDING REQUIREMENTS: The statue is funded by a private donation from the Ben Carlson Foundation. Lifescapes International will donate landscape architectural design services. ValleyCrest Contractors will donate all materials and provide contracting services for the project. DISCUSSION: On Sunday July 6th 2014, Newport Beach Lifeguard Ben Carlson heroically gave his life to rescue a distressed swimmer. The untimely drowning of the 32 year -old lifeguard was the first death in the line of duty in the 100 -year history of the Newport Beach Lifeguard Department's existence. In the aftermath of Ben's tragic passing, a group of family, friends and fellow lifeguards formed the Ben Carlson Memorial and Scholarship Foundation. This organization is committed to honoring Ben's legacy 27 -1 through doing positive work in his memory. Mr. Jake Janz of the Ben Carlson Foundation, in conjunction with the Richard MacDonald Studio, developed the concept for the 9 -foot memorial. Advanced Digital Manufacturing (ADM - Works), a high -tech, engineering, design, and development company located in Santa Ana, CA will fabricate the piece. The proposed work, composed of marine grade matted stainless steel, depicts Carlson facing the shore and holding a rescue tube in one hand, and using his other hand to shade his eyes, as if in perpetual watch over the coastline (see Attachment A). The statue will include an interactive, educational component about ocean safety, designed to educate beachgoers and foster an appreciation of the perils lifeguards face daily. This component, delivered through radio frequency wireless technology, will enable visitors to use smart phones to learn about Ben Carlson and to access information about ocean safety through illustrated and written content. The Newport Beach City Arts Commission voted at its regular meeting on Thursday, March 12, 2015, to recommend that the Newport Beach City Council accept, on behalf of the City, a donation from the Ben Carlson Foundation of a memorial statue of fallen lifeguard Ben Carlson. The City Arts Commission accepts donations of art based on the criteria of Council Policy 1 -11, Donation of Art to the City of Newport Beach (Attachment B). The Fine Arts Ad Hoc Sub Committee of the City Arts Commission has approved a standardized donation submitted by the Ben Carlson Foundation. The proposed statue concept is an original creation of high quality, and the involvement of the Richard MacDonald Studio indicates a level of artistic excellence. The statue will add significantly to the balanced inventory of the City's collection. The concept specifies material (marine grade, matted stainless steel) that indicates that the finished work will be of satisfactory physical condition and durability. The proposed work will require periodic maintenance, but will not require restoration or extensive long -term conservation. The concept is consistent with and relevant to the civic interests and broad variety of tastes within the Newport Beach community. The City Arts Commission also recommends that Council waive Council Policy B -11, The City Employees' Memorial At Bob Henry Park (Attachment C). This Council Policy identifies Bob Henry Park as the appropriate venue for employee memorials. The Arts Commission and the Ben Carlson Foundation assert that the proposed sculpture would be more appropriately sited at a coastal location that will provide maximum exposure to the public. As a work that includes interactive elements dealing with ocean safety, the proposed sculpture should be situated in an area accessible to beachgoers. Moreover, the work requires a site location that is responsive to its subject matter. Placing the piece at a coastal location is appropriate, given Mr. Carlson's profession, affinity for the ocean, and deserved reputation as a gifted waterman. At their June 11, 2015 regular meeting, the City Arts Commission recommended that the statue should be placed at the base of the Newport Pier, in front of the McFadden Square Legacy Project and adjacent to the Newport Beach Lifeguard Headquarters. In accordance with Council Policy 1 -9, Art in Public Places (Attachment D), the Arts Commission collaborated on the placement of the statue with a joint review of sites by the Arts Commission's Art Site Suitability Ad Hoc Subcommittee, the Parks, Beaches, and Recreation Commission, Public Works, and the Lifeguard Division. The Newport Pier, which is adjacent to Newport Beach Lifeguard Headquarters recently named in honor of Ben Carlson, was identified as the most appropriate site for the piece. Ben Carlson's final, heroic act occurred in waters just south of the Newport Pier. The suggested site for the statue is at the front of the McFadden Square Centennial Legacy Project at the base of Newport Pier (see Attachments E, F, G, H, and I for conceptual renderings of the piece in situ). The aesthetic concept, quality, scale, and form of the proposed statue is appropriate for this site, where it will be easily visible and will offer maximum exposure to public viewing and access to the statue's interactive elements. The statue's marine grade, matted stainless steel composition is suitably durable against vandalism, theft, and weather. The statue will be suitable for display in a high traffic public area and will not jeopardize the safety of the public. Lifescapes International, a world- renowned landscape architectural firm located in Newport Beach, will provide landscape architecture. Their portfolio reveals fifty years of award - winning and iconic designs such as the Wynn Gardens and The Bellagio Pools in Las Vegas, as well as numerous comparable projects. In support of the Ben Carlson Memorial Statue, Lifescapes has agreed to work pro -bono to design aerial and elevation renderings for the surrounding landscape and hardscape of the statue. Lifescapes has also confirmed that ValleyCrest Contractors has offered to donate all materials for the project including possible 27 -2 built -in benches, irrigation, lighting, and plants. ValleyCrest will also provide contracting services pro -bono for the entire project from start to completion, including installation of the statue. ENVIRONMENTAL REVIEW: The recommended action will ultimately result in the placement of the Ben Carlson memorial statue on public property within McFadden Square. Staff recommends the City Council find all actions related to the placement of the statue exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. This section allows for the construction and location of a limited number of new small facilities and structures. The proposed statue is human - scaled in size and the proposed location for the statue within McFadden Square is currently developed as an urban public plaza containing no habitat value. NOTICING: Notice of this item was provided pursuant to the Ralph M. Brown Act 72 hours prior to the City Council' s meeting. ATTACHMENTS: Description Attachment A - Ben Carlson Statue Attachment B - Policy 1 -11 Attachment C - Policy B -11 Attachment D - Policy 1 -9 Attachment E - Aerial View of Site 1 Attachment F - Aerial View of Site 2 Attachment G - Ground Level View Attachment H - Photoshop Rendering of Site 1 Attachment I - Photoshop Rendering of Site 2 27 -3 m A* Ll 414 � A �3 ,1 49 ='1 J i 1� ATTACHMENT B 1 -11 ACQUISITION OF ART BY THE CITY OF NEWPORT BEACH A. The City of Newport Beach ( "City") believes that paintings, sculptures, drawings and other art (collectively, "Art ") placed on City property and in City buildings increases the aesthetic appeal and beauty of such property and buildings, and of the City in general. B. All proposals to donate, exhibit, loan, sell or commission Art to the City (collectively, "Convey(s)," "Conveyed," "Conveying" or "Conveyance ") shall be reviewed by the Arts Commission for recommendation to the City Council. C. The Arts Commission shall be responsible to: 1. Confer with persons who have offered to Convey Art to the City, informing them of this policy, including criteria for approving Art and the policies, criteria and approval process. 2. Advise the City Council of the artistic merit and value of Art offered to the City. 3. Advise the City Council regarding appropriate City property or City buildings for display of Art, in conjunction with the City commission, committee, board and /or department which has responsibility for planning or maintaining the proposed location. D. The Arts Commission shall consider the following criteria in making a recommendation for accepting an offer to Convey Art to the City: 1. The Art should be an original creation or a limited edition by the original artist, and be of the highest quality and level of artistic excellence. 2. The Art should add to the balanced inventory of the City's collection, representing a variety of style, design and media. 3. The person(s) seeking to Convey Art to the City shall complete all required forms, as provided by the Library Services Department. 4. The Art should be of satisfactory physical condition, be sufficiently durable as to not be easily damaged or destroyed, should not require restoration or extensive long term conservation, and should be of a physical size and weight that the Art can be managed in storage, transport and public display without difficulty. Art requiring restoration may only 27 -5 1 -11 be considered with full disclosure of the restoration costs provided by a licensed art appraiser. 5. The Art should be consistent with and relevant to the civic interests and broad variety of tastes within the Newport Beach community. E. Art may only be recommended by the Arts Commission to the City Council for acceptance upon the majority vote of the Arts Commission. F. Art accepted into the City collection by the City Council is accepted with the understanding that the City Council reserves the right to place the Art on public display on either a permanent or temporary basis, and to store the Art when not on display. Acceptance of Art by the City Council does not guarantee that the Art will be displayed in perpetuity. The City Council may sell, donate or otherwise remove any Art in the City collection. Any proceeds received by the City from the transfer of Art shall be expended to acquire, restore or display Art. G. Art considered for inclusion in the City's collection must conform to City Council Policy I -9 (Art in Public Places). H. The City does not provide valuations or appraisals of Art Conveyed to the City. The value of Art should be presented by the person(s) Conveying Art to the City at the time of Conveyance. It is the responsibility of the person(s) Conveying Art to the City to furnish a valuation to the appropriate government tax agency. I. The person(s) Conveying Art to the City shall obtain all intellectual and photographic property rights to the Art and transfer such rights to the City. The City reserves the right to photograph Art for any and all purposes, including, but not limited to, publicity and informational literature. J. Any person(s) that Conveys Art to the City shall represent and warrant in writing that it owns the Art and that the Art shall be Conveyed to the City free and clear of all liens, restrictions, security interests or agreements by which the City would be bound, but subject to all laws generally applicable to the transfer of title of any work of Art. K. Subject to compliance with California Civil Code Section 987, the City shall assume no liability in the event of loss or damage to any Art accepted into the City's collection. 27 -6 1 -11 Adopted- February 24,1986 Reaffirmed- January 24,1994 Amended & Reassigned -April 8, 2003 Amended - May 12, 2015 Formerly F -23 Formerly I -13 27 -7 ATTACHMENT C THE CITY EMPLOYEES' MEMORIAL AT BOB HENRY PARK PURPOSE B -11 The purpose of the Memorial site at Bob Henry Park is to honor City of Newport Beach employees who have lost their lives in the performance of their public service duties. This policy establishes the criteria and procedures for honoring an employee at the Memorial site. POLICY The Memorial site is located at Bob Henry Park, which was named after Newport Beach Police Officer Bob Henry who was mortally wounded in the line of duty on March 12, 1995. The Memorial honors Officer Henry and all City employees who gave their lives in the direct performance of their duties while serving the citizens of Newport Beach. PROCEDURE A. Department Directors shall submit recommendations to so honor an employee to the City Manager for initial evaluation. The recommendation shall include a history of the employee's tenure with the City, the circumstances surrounding his or her death, the work - related duties being performed at the time of death, and the actions which led to the employee's death. B. To be honored at the Memorial site, an employee's death must be directly attributable to his /her scope of employment and have occurred in the performance of his or her authorized duties. If the circumstances surrounding an employee's duty- related death are not readily apparent, the City Manager may appoint a committee of at least three Department Directors (excluding the affected employees department) to more thoroughly evaluate the recommendation for inclusion, to deternune whether death is directly attributable to the employee's performance of his /her duties. C. The Committee will make a final recommendation to the City Manager whether an employee should be honored at the Memorial site at Bob Henry Park. The City Manager will have final authority to approve or reject inclusion at the Memorial. 1 27 -8 B -11 D. Memorial plaques will be 7" x 9" and will include the following information: Name of Employee Job Title City Department Date of Death E. The City will hold a ceremony honoring the employee's inclusion at the Memorial when the plaque is installed. Adopted - November 10, 1997 Reassigned - April 8, 2003 Formerly I -23 2 27 -9 ATTACHMENT D I -9 ART IN PUBLIC PLACES A. The City of Newport Beach recognizes the importance and desirability of enhancing and beautifying the public places within the City, by acquiring and displaying publicly accessible works of art for the cultural benefit of the City, its citizens and its visitors. B. The City seeks to involve professional artists in City planning and design projects; to integrate artworks in City capital improvement projects; and to commission and /or purchase new artworks for public places. C. Public art can include but is not limited to permanent and temporary sculpture, murals, as well as artist - designed fountains, mosaics and tile work, banners, park benches and other street furniture, water features, bus shelters, streetlights and lanterns, kiosks, retaining walls, and /or hardscape treatments. D. The responsibility of the Arts Conun;ssion is to: 1. Identify and assess potential Art in Public Places projects and sites; 2. Confer with other Boards and Commissions that may be impacted by the recommended list of art projects; 3. Make appropriate recommendations to City Council; 4. Participate in the selection of artists for Art in Public Places projects; 5. Plan and oversee the artistic design process; 6 Work with appropriate City Departments to ensure correct installation at the site and long term maintenance and conservation of the art work. E. The Arts Commission shall consider the following criteria in making recommendation for an Art in Public Places project: 1. The aesthetic concept, quality, scale, and form of the work of art, and its appropriateness for the site; 2. A site that is easily visible and /or accessible to the general public; 27 -10 I -9 3. The experience, skill and ability of the artist to produce the work of art; 4. The proper medium for the work of art, considering durability against vandalism, theft and weather, and the safety of the viewer; 5. The cost for the City to acquire, install and maintain the work of art; 6. No art objects will be considered that are mass- produced from a standard design, are reproductions of original art work, and /or are decorative or functional elements that are designed by an architect as opposed to the project artist. 7. Temporary art may be acquired and placed through the same procedures as permanent works. F. From time to time, the Arts Commission may submit to the City Manager's Office a list of projects with estimated costs. Said list is to be considered in the preparation of the next fiscal year budget. Funding for this program shall be determined by the City Council, and may be derived from the City Art in Public Places Reserve Fund, Arts Commission events, the Newport Beach Arts Foundation, private individual, corporate and foundation donations; government grants, other City funds, and /or voluntary participation by private developers. G. In addition, to maintain the artistic integrity of designated Art in Public Places sites /works, the Arts Commission shall review any future modifications, relocation, repairs, and /or replacement of parts or works at these sites. The Arts Commission shall consult with the original artist if possible or a recognized expert in the field, and shall then make the appropriate recommendation for modification to the City Council. Adopted - September 8, 1986 Reaffirmed - January 24,1994 Amended - May 26,1998 Amended & Reassigned - April 8, 2003 Formerly I -18 2 27 -11 ATTACHMENT E 27 -12 �W� um! r 1rV7"�`� ATTACHMENT • i 1 27 -13 ATTACHMENT G 27 -14 ATTACHMENT H 27 -15 ATTACHMENT I i � 1 mZ9' v 27 -16