Loading...
HomeMy WebLinkAboutC-5854(E) - MOU and Loan Agreement - Sculpture in the Civic Center Park Exhibition - OdyssesyJ In CIO AMENDMENT NO. ONE TO MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND RAY KPJ-7— THIS AMENDMENT NO. ONE TO MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT ("Amendment No. One") is made and entered into as of this 1st day of July ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and RAY KA -T7- ("Artist'), whose address is 144 CESFAR E.GNAVEL 90n111AC.,M1 48342 and is made with reference to the following RECITALS A. On my" 2q, 2014 , City and Artist entered into a Memorandum of Understanding and Loan Agreement ("Agreement") for City to mount a temporary public exhibition at the Civic Center Park located at 100 Civic Center Drive, Newport Beach, California ("Exhibition"), consisting in part of a certain work titled OOYssEY ("Art Work") created by Artist. B. The parties desire to enter into this Amendment No. One to shorten the term of the Agreement to August 31, 2016, to reduce the Exhibition Period and to change the date in which the Art work shall be picked up on or by. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. RECITALS Recital B of the Agreement is amended in its entirety and replaced with the following: "B. The Exhibition will be mounted from September 13, 2014 — July 31, 2016 ("Exhibition Period")." 2. TERM Section 1 of the Agreement is amended in its entirety and replaced with the following: "1.1 The term of this Agreement shall commence on the Effective Date, and shall terminate on August 31, 2016, unless terminated earlier or extended by written amendment to this Agreement. 1.2 The Exhibition Period shall take place from September 13, 2014 — July 31, 2016 ("Exhibition Period"), unless extended or reduced by City." 11 3. SHIPPING OF ART WORK Section 4.3 of the Agreement is amended in its entirety and replaced with the following: "Artist shall cause the Art Work to be picked -up at the Location on or by August 1- August 31, 2016 at a mutually agreed upon date and time." 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: / By: aro C. Harp A ANL City Attorney 062011 ATTEST: P Date: — By: Leiiani 1. Brown City Clerk AMENE>metAs\ o CITY OF NEWPORT BEACH, a Califorjia azo I corporation Date: g i � By: im Het a on Lorary Services Director ARTIST: By: Artist [END OF SIGNATURES] MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND Ray Katz THIS MEMORANDUM OF UNDERSTANDING AND LOAN AGREEMENT ( "Agreement') is made on this 29th day of May, 2014, by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city, located at 100 Civic Center Drive, Newport Beach, California 92660 ( "City ") and Ray Katz, 144 Cesar E. Chavez, Pontiac, MI 48342 ( "Artist'). RECITALS A. The City desires to mount a temporary public exhibition at the Civic Center Park located at 100 Civic Center Drive, Newport Beach, California ( "Exhibition "), consisting in part of a certain work titled Odyssey ( "Art Work ") created by Artist, a description of which Art Work is attached as Exhibit A to this Agreement, and incorporated herein by reference. B. The Exhibition will be mounted from September 13, 2014 — August 31, 2016 ( "Exhibition Period "). C. Artist owns the Art Work and desires to lend it to the City for the purpose of the Exhibition. D. Artist warrants that he/she possesses all rights and authority necessary to lend the Art Work and to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing and the promises contained herein, the City and Artist mutually agree as follows: TERM AND EXHIBITION PERIOD 1.1 The term of this Agreement shall commence on the Effective Date and shall terminate on September 30, 2016, unless terminated earlier or extended by written amendment to this Agreement. 1.2 The Exhibition Period shall take place from September 13, 2014 — August 31, 2016 ( "Exhibition Period "), unless extended or reduced by City. 2. NATURE OF SCULPTURE EXHIBITION The Exhibition shall include the Art Work, as further described in "Exhibit A. "The Exhibition shall take place in the Civic Center Park located adjacent to the City of Newport Beach Civic Center at 100 Civic Center Drive, Newport Beach, California ( "Location "). 3 i. ri 7 C� 7 7_ 1=. 71 f l i 5 3.1 The City agrees to compensate the Artist with an honorarium in the amount of five thousand seven hundred ten and 00/100 Dollars ($5,710) which shall constitute full compensation for the loan of the Art Work to the City and any associated Artist costs during the term of the Agreement ( "Honorarium "). City agrees to pay the Artist one half (1/2) of the Honorarium upon execution of this Agreement and the remaining one half (1/2) of the Honorarium upon confirmation of scheduled pick -up of Art Work at the conclusion of the Exhibition Period. Artist shall submit invoices with the Artist name and title of the Art Work to the City upon execution of the Agreement and upon confirmation of the scheduled pick -up of the Art Work. The City shall make payments within thirty (30) calendar days upon approval of the invoice. 3.2 Art Work may be available for purchase during the Exhibition Period. Artists who wish to make their Art Work available for sale during the Exhibition Period agree that Art Work shall not be de- installed until the conclusion of the Exhibition Period, unless removed earlier by the City. The City will not request a commission from the sale of the Art Work. 4. SHIPPING OF ART WORK 4.1 Artist is encouraged to contract with a professional art handler to pack the Art Work for shipment to and from the Location. Artist shall bear all costs and risks of loss associated with packing and shipping the Art Work to and from the Location. 4.2 Artist shall cause the Art Work to be delivered to the Location on or by August 12 -18, 2014 at a mutually agreed upon date and time. 4.3 Artist shall cause the Art Work to be picked -up at the Location on or by e -1-36, 2016 at a m u Ily a reed on dat d time. 4.4 If the Artist is unable to accept the Art Work upon the conclusion of the Exhibition Period or fails to take control of the Art Work immediately upon de- installation of the Art Work, the City may place the Art Work in public storage for the account of Artist or may retain possession and charge storage fees. City shall also maintain insurance on the Art Work during the storage period. The City shall have a lien for the storage fees and cost of insurance during the storage period against the Art Work. 4.5 If the Art Work has not been reclaimed after thirty (30) calendar days from the termination of this Agreement, the City shall have the right and power to sell the Art Work at auction to satisfy the lien and associated costs, following the procedure provided in Section 3052 of the California Civil Code, or any successor statute. At any such auction the City shall have the right to bid on the Art Work. 4.6 If there is a change in ownership of the Art Work during the term of the Agreement, the City may require that the new owner establish the legal right to receive the Art Work by providing the City with satisfactory proof of ownership before the City Ray Katz Page 2 will relinquish the Art Work to him or her. Artist shall cause the new owner to be aware of, and bound by, this Agreement. 5. INSTALLATION AND DE- INSTALLATION 5.1 City shall bear the costs of installation and de- installation of the Art Work. Installation costs commence upon City acceptance of delivery of the Art Work at the Location. 5.2 Should Artist elect to be on Location for installation or de- installation, Artist hereby releases and discharges City from any and all claims of personal injury arising from Artist's participation in the installation or de- installation. Should Artist seek to have a representative or employee on site for installation or de- installation, such person(s) shall sign a separate liability waiver. 6. CARE AND SAFEKEEPING 6.1 Artist understands that during the Exhibition Period the Art Work will be located in an unsecured public location along a major thoroughfare, easily accessible to the public and open to the elements. 6.2 Artist understands that the City's maintenance crews may use routine watering and gardening equipment around the Art Work to maintain the landscaped areas. Artist will not hold the City responsible for any unintentional damage that may occur from the gardening equipment. 6.3 The City shall exercise the same care with respect to the Art Work as it does in safekeeping of comparable property of its own at such locations. 7. MAINTENANCE AND REPAIRS 7.1 The Artist, at his /her sole cost and expense, shall maintain and repair the Art Work during the Exhibition Period. The Artist will not seek any reimbursement or other payment from the City for incurring maintenance and /or repair costs and expenses related to the Art Work. 7.2 The City, at its sole cost and expense, shall maintain and repair the Location, provided however; the City is not required to provide security for the Art Work. The City will not seek any reimbursement or other payment from the Artist for incurring maintenance costs related to the Location. 7.3 If any damage to the Art Work will render the Art Work unsafe and otherwise hazardous to the public health, safety and welfare, then either the Artist will restore the Art Work to a safe condition, as determined by the City Project Administrator, in writing; or will remove or cause the removal of the Art Work in accordance with Section 5 of this Agreement. If the City causes the removal (and subsequent storage) of the Art Work due to the failure of the Artist to act in a timely Ray Katz Page 3 manner, as set forth herein, the City will be deemed to be acting on behalf of the Artist and at the sole cost and expense of the Artist. 8. RISK OF LOSS AND INSURANCE 8.1 City shall not be responsible for normal wear and tear, acts of God or any weather related damage to the Art Work. City agrees to bear the risk of loss or damage, excluding maintenance and repair costs, to the Art Work, up to a maximum of the fair market value of the Art Work immediately prior to the damage. The City shall not be responsible or otherwise financially liable for any accident, theft, vandalism or damage to the Art Work from any cause beyond the payment of the above amount to the Artist. 8.2 The City shall procure and maintain insurance against claims for injuries to persons or damages to property which may arise from or in connection to the Art Work supplied to the City but only with respect to the City's liability. 83 The City shall procure and maintain fine arts coverage for any damage to the Art Work. Coverage shall apply to unscheduled fine arts in the City's care, custody or control not to exceed a loss amount of Two Million Five Hundred Thousand Dollars and 001100 ($2,500,000). The City will not be held responsible for loss resulting from a Flood or Earthquake. 8.4 Coverage provided by the City shall remain in force and effect during the term of the Agreement and the cost shall be borne by the City. 8.5 Artist is encouraged to purchase a commercial general liability policy on an occurrence basis in the amount of One Million Dollars and 00/100 ($1,000,000) per occurrence and Two Million Dollars and 00/100 ($2,000,000) in the general aggregate to protect the Artist from claims of bodily injury or property damage. Additionally, if the value of submitted Art Work exceeds the fine arts limit purchased by the City, it is the City's recommendation that the Artist purchase a property damage /fine arts policy covering the value of the Art Work. The cost of such insurance(s) shall be borne by the Artist. 8.6 Upon execution of this Agreement, Artist acknowledges and agrees that he/ she are displaying the Art Work at the Location at his /her own risk. 9. HOLD HARMLESS AND INDEMNITY PROVISION 9.1 The Artist shall hold harmless, indemnify and defend the City, its elected officials, officers, employees, agents, boards, commissions, representatives and volunteers ( "Indemnified Parties ") from any and all damages, costs or expense, at law or in equity, that may at any time arise or be asserted due to injury to property or injury to person caused by any willful or negligent act by the Artist, or any of his /her directors, officers, employees, representatives, agents and volunteers. Ray Katz Page 4 8.2 Notwithstanding the foregoing, nothing herein shall be construed to require the Artist to indemnify the Indemnified Parties from any claim arising from the negligence or willful misconduct of the Indemnified Parties, including any negligence or willful misconduct in the selection of the Location site or the installation of the Art Work. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. 10. EXHIBITION CATALOGUE —ADVERTISING AND USE OF IMAGES 10.1 The City shall have the right to reproduce, distribute, and /or or display representations of the Art Work in any non- commercial manner whatsoever. For the purpose of this limitation, the reproduction, representation, distribution and display of the Art Work or materials, designed solely to promote the City, its services, or to attract visitors or businesses, shall be deemed non - commercial. 10.2 It is expected that City may produce publications and other material in connection with the Exhibition. In such an event, City shall first obtain the Artist's consent. If such consent is granted, all such materials or publications shall be subject to Artist's approval, which approval will not be unreasonably withheld. 10.3 Upon request, City shall provide Artist with copies of materials, articles, reviews or features in which the Art Work is represented. 10.4 City reserves the right to create its own marketing collateral. 11. CONTRACT ADMINISTRATION 11.1 City's Representative. Unless otherwise designated in writing, the Library Services Director shall serve as the City's Project Administrator for the display of the Art Work under this Agreement. All activities performed under this Agreement shall be coordinated with this person or his /her designee. 11.2 Artist's Representative. Ray Katz shall serve as the Artist's Project Administrator for the display of the Art Work under this Agreement. All activities performed under this Agreement shall be coordinated with this person_ 12. NOTICES 12.1 All notices, demands, requests or approvals, including any change in mailing address to be given under the terms of this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Artist to City shall be addressed to City at: Tim Netherton, Library Services Director City of Newport Beach 100 Civic Center Dr. Ray Katz Page 5 PO Box 1768 Newport Beach, CA 92658 12.2 All notices, demands, requests or approvals from City to Artist shall be addressed to Artist at: Ray Katz 144 Cesar E. Chavez Pontiac, MI 48342 13. STANDARD PROVISIONS 13.1 Recitals. City and Artist acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 13.2 Compliance with all Laws. Artist shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Art Work prepared by Artist shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator. 13.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 13.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 13.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibit to this Agreement, the terms of this Agreement shall govern. 13.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 13.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Artist and City and approved as to form by the City Attomey. Ray Katz Page 6 13.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 13.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 13.10 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 13.11 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. 13.12 Authority to Enter Into Agreement. Artist warrants that Artist is the owner of the Art Work and has all rights and permissions to lend the Art Work to City for public exhibition and to enter into this Agreement. City warrants that it is duly authorized to enter into this Agreement and perform its obligations hereunder, and has received all necessary third party consents and approvals to perform such obligations. [SIGNATURES ON NEXT PAGE] Ray Katz Page 7 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTq RNEY'S OFFICE a California municipal corporation Date: b / / !k I 1 Ll Date: 6120\ �y Aaron C. Harp Dave -"i City Attorney City Manager ATTEST: Date: I(/ ATTACHMENT: ARTIST: Ray Katz Date: �_I I_, [END OF SIGNATURES] Exhibit A: Description of Art Work Ray Katz Page 8 EXHIBIT A DESCRIPTION OF ART WORK Description: Odyssey Composed of individual, painted white steel, geometric elements, the artwork pieces will be erected and bolted together on site. The artwork will attach to three concrete footings installed below grade. Artist shall provide photographs and a diagram of the artwork footprint in June, prior to the artwork delivery. Credit: Courtesy of the artist Artwork is available for purchase: $75,000 Previous exhibition locations include: Pyramid Hill Sculpture Park, Hamilton, OH Public Site, Indianapolis, IN Materials and Processes: A painted steel sculpture measuring 22 x 18 x 20 feet Images: Ray Katz 4 Rebecca Ansert <rebecca @greenpublicart.com> Newport Beach - Ray Katz deinstallation Richard Stein <rstein @artsoc.org> To: rebecca @greenpublicart.com The City is fine with that. See below. Richard Stein I Executive Director I Arts Orange County Vice President I Californians for the Arts Al"'s OURANGE (OUNly 3730 S. Susan Street I Suite 100 1 Santa Ana CA 92704 T: 714.556.5160 Ext. 17 1 rstein @artsoe.org J ArtsOC.org I SparkOC.com From: Netherton, Tim [ mailto :THetherton @newportbeachca.gov] Sent: Tuesday, June 03, 2014 4:43 PM To: 'Richard Stein' Cc: Finnigan, Tara Subject: RE: Newport Beach - Ray Katz deinstallation Hi Rick, The City is fine with Mr. Katz de- installing in the third week of August 2016. Mon, Jun 9, 2014 at 12:18 PM Thanks, Tim. TIM HETHERTON, MLS I LIBRARY SERVICES DIRECTOR Newport Beach Public Library 1000 Avocado Ave., Newport Beach, CA 92660 W (949) 717 -3810 1 A (949) 640 -5681 12 thethertonCo)newportbeachca.aov From: Richard Stein [mailto:rstein @artsoc.org] Sent: Monday, June 02, 2014 3:22 PM To: Netherton, Tim Cc: Finnigan, Tara Subject: FW: Newport Beach - Ray Katz deinstallation Importance: High Rebecca Ansert has told me that artist Ray Katz is unable to deinstall his work in September 2016, per the terms of the contract, and has requested if he can deinstall in the third week of August 2016 instead. He has obligations to his teaching position which does not allow him to travel during the school year. Hope this is not a huge problem! Can you confirm this with the City? It will be important to have this in writing somewhere in the file. Would this meet with your approval? Thanks! Rick Stein CITY OF NEWPORT BEACH City Council Staff Report May 13, 2014 Agenda Item No. 21. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tim Netherton, Library Services Director — (949) 717 -3819, thetherton @newportbeachca.gov PREPARED BY: Tara Finnigan, Public Information Manager PHONE: 949 - 644 -3035 TITLE: Sculpture in the Civic Center Park Exhibition ABSTRACT: The City Arts Commission and Arts Orange County have been working with City staff on the inaugural Civic Center Park Sculpture Exhibition. The City Arts Commission has recommended 10 artworks and proposed a location for each within the Civic Center Park for the City Council's consideration. If approved, the 10 sculptures will be on display for a two -year period. RECOMMENDATION: Approve the 10 sculptures and the proposed locations within the Civic Center Park as recommended by the City Arts Commission for the temporary sculpture exhibit. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. DISCUSSION: Background In August 2013, the Newport Beach City Council authorized the City Arts Commission and City staff to implement a temporary sculpture exhibit in Civic Center Park. The City Council approved the installation of 10 sculptures in year one of the project and additional 10 in year two. The temporary exhibition would feature public art in locations previously identified by PWP, the landscape architecture firm that designed the 14 -acre Civic Center Park. The pieces installed in year one would be on display for two years and would be removed and returned to the artists in 2016. Those installed in year two, 2015, would be removed in 2017. The Council approved a budget of up to $125,000 for the first year of the project. Following the issuance of a request for proposals in the fall of 2013, the City of Newport Beach (City) selected Arts Orange County (Arts OC) to provide public art coordination and site 425 management services for the inaugural, Civic Center Park sculpture exhibition. The Arts OC project team includes Green Public Art Consultancy and Display, a company that specializes in art installation. On January 9, 2014, the City issued a "Call for Entries ", inviting artists, private collectors, galleries and museums /nonprofit organizations to submit artworks for consideration for the temporary exhibition in the Civic Center Park. The Call for Entries closed on February 28, and resulted in 260 artworks, submitted by 171 artists from across the United States, to consider. To narrow the field of candidates, Arts OC assembled a jury panel comprised of: • Dan Cameron, interim director and chief curator, Orange County Museum of Art • Richard Turner, artist and co- director, Guggenheim Gallery, Chapman University • Christina Varvi, art conservator, Rosa Lowinger & Associates • Rita Goldberg, chair, City Arts Commission • Robert Smith, member, City Arts Commission (lead Commissioner on the project) • Charles Ware, member, City Arts Commission. The panel individually reviewed all of the submissions. Each panelist then scored each piece through a private, online scoring process based on the following criteria: 1. Artistic Merit — the artist has strong professional qualifications and the artwork is of high quality and demonstrates originality and artistic excellence. 2. Durability — the artwork is made of high - quality materials, requires minimal maintenance and can withstand the outdoor elements of coastal Orange County. 3. Practicality — the artwork is appropriate for audiences of all ages and does not exhibit unsafe conditions that may bear on public liability. 4. Site Appropriateness — the scale of the artwork is suitable for the environment and the artwork is suitable for viewing from all angles. The scores were tallied and the field was narrowed to 30 pieces The jury panel assembled on March 28 to discuss each of the remaining artworks as a group and vote for the final selections. The panel chose 10 artworks and three alternates. The panel then spent time in the Civic Center Park, selecting locations for each piece, generally based upon PWP's Art Master Plan. A subsequent site visit - involving the consulting team, City staff members and Robert Smith, City Arts Commissioner - helped to further refine the proposed locations based upon existing site sensitivities such as the need to protect habitat and the public view plane, maintaining clear public access to all the park's walkways, and maintaining the aesthetics of the new park. Assistant City Manager Steve Badum, the former project manager for the Civic Center Project, participated in the walk through along with David Aeppli, the art installer working with Arts OC on the project. Aeppli confirmed that all pieces identified as finalists could be installed in the recommended locations within the project budget. The project team believes that the proposed locations within the park will enable park visitors to view the artworks from multiple angles while also maintaining the integrity of PWP's park design. All of the proposed placements would ensure that the existing View Plane that covers the site from Civic Center Drive southward would not be pierced. 426 Arts OC then notified each artist that his or her artwork was a finalist. The artworks are to be loaned to the City at no cost and the artists are responsible for shipping their work to the Civic Center. To help defray these costs, Arts OC recommended and incorporated into the project budget, an honorarium for each artist. The honoraria range from $2,500 to $6,000 for a total of $49,106. As Arts OC was notifying the artists, one artist determined that the expense of temporarily moving his sculpture from the east coast to the west coast and eventually back again was too prohibitive. He removed his artwork from further consideration. (When responding to the call for entries, the artist had mistaken Newport Beach, CA for Newport, RI.) Thus, the first alternate, "Double Doily ", is now among the finalists. The 10 artworks (and their artists) recommended by the panel for the City Council's consideration include: "Big Wet Dog" — Matt Babcock "Brandi" — Curt Brill "Pretty Boy" — David Buckingham "Cub Triptych" — Gerardo Hacer "Odyssey" — Ray Katz "Sphere 108 "" — Ivan McLean "Wintering" — Arny Nadler "Red" — Jonathan Prince "Red Gateway" — Chris Rench "Double Doily" — Jennifer Cecere The City Arts Commission publicly reviewed the artworks at its April 17 meeting and approved forwarding the recommendations to the City Council for final consideration. If the Council approves the artworks and the proposed location for each piece, installation will take place in early to mid - August. The City Arts Commission plans to host an event in September to introduce the exhibit to the community. As this is a temporary exhibit, these 10 pieces will be scheduled for deinstallation in late summer / early fall 2016. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: 427 The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description May 13, 2014 Presentation EM ATTACHMENT A City of Newport Beach Sculpture in the Civic Center Park Exhibition GREEN ,.AmrtS PUBLIC o ART P; DRAW (ORNrx (ONSULTANCY 429 TIMELINE & BREAKDOWN OF SUBMISSIONS: January 14 - Call for Artists Opened February 28 - Call for Artists Closed 171 Artists Submitted 260 Artworks Submitted March 19 - Jury Panel Completed Online Scoring Process March 28 - Jury Panel Met to Make Final Selections 430 JURY PANEL MEMBERS: Outside Experts: • Dan Cameron, Interim Director and Chief Curator, Orange County Museum of Art • Richard Turner, Artist and Co- Director, Guggenheim Gallery, Chapman University • Christina Varvi, Art Conservator, Rosa Lowinger & Associates Newport Beach Arts Commissioners: • Rita Goldberg, Chair, Newport Beach Arts Commission • Robert Smith, Chair, Sculpture Exhibition Committee • Charles W. Ware, Jr., Arts Commissioner 431 SELECTION CRITERIA: Artistic Merit: • Artwork is of high - quality and demonstrative of originality and artistic excellence • Artist has strong professional qualifications Durability: • The artwork is made of high - quality materials which can withstand the natural outdoor elements of coastal Southern California • Artwork requires minimal to no maintenance Practicality: • Artwork is of appropriate subject matter for audiences of all ages • Artwork is safe and shall not exhibit unsafe conditions or factors that may bear on public liability Site appropriateness: • Artwork is suitable in scale to be seen in environment • Artwork is suitable for viewing from all angles 432 10 Selected Works + 3 Alternates Finalists_ "Big Wet Dog" — Matt Babcock "Brandi" — Curt Brill "Pretty Boy" — David Buckingham "Cub Triptych" — Gerardo Hacer "Odyssey" — Ray Katz "Sphere 108 "" — Ivan McLean "Wintering" — Arny Nadler "Red" - Jonathan Prince "Red Gateway — Chris Rench Alternates: "Double Doily" —Jennifer Cecere "The Big Game" — David Tanych "Rejoice" — Douglas Lochner 433 Artwork Site Locations J ART MASTER PLAN 0 O DEC 07. 2011 434 a, FDA �U 1. Brandi by Curt Brill IV is 4.8'x5'x5' Bronze . .c 435 1. Brandi � .u► �?',iu3?i�° ,.fir° s on"i�� ,��;�� -� � : _ v � r iw AVENUE BART MASTER PLAN DEC 07, 2Dl t 436 437 AP 2. Red Gateway by Chris Rench r 20'x8'x3' Steel r- f(fllll, .; 11 - . I ART MASTER PI AN 2. Red Gateway RmUR WMVM Olt I pk;7 M07.2011 439 EM 3. Red by Jonathan Prince 5.5' x 5.3' x 1.3' Zimbabwe Black Granite 441 MAaR1 UN WM VABB MACM THUR BWIEVAgD S. .6AIEI W� -iI -J kklwu� � 11. 004VEMDE _ ART MASTER PLAN 3. Red s � i ♦ DECO], 2011 442 443 4. Cub Triptych m Gerardo Hacer III 15' x 9' x 9' Powder coated steel ►-"qq .. S M CMTHUR BUUIE Mo AV�.9pD4yFyv� L . �YfIOA h) i ..., ,.. `. ART MASTER PLAN 4. Cub Triptych N /— 445 f� EM 5. Big Wet Dog by Matt Babcock 4.3' x 7.6' x 2.3' Powder coated steel 447 MACM THUR SWLEVA D �v 4,1A It.: .-.-Ml 5. Big Wet Dog -4. 1 M07. 2011 m F mlo 6. Sphere 108" by Ivan McLean 9' round sphere Stainless steel rods 450 I;) � ail K, �Olwi- NEWRCRT BEACH CMC COMPLLx I ART MASTER aawcwearoaw�wvyar 6. Sphere 108" 6uUHTHUA BouLP: nHp a A1(O OAV NUE I ' ny wi r _uoe DEC 07.2011 i 451 452 7. Double Doily by Jennifer Cecere r � 1 'Yri r' 5'x5'x5' Powder coated aluminum 453 -- M//MACM�TTHH \HUR BOULEVARD 'J MI THUR BWLFVNO - ¢ •�' ' a t ... ,p� '��+. 34�+T�t �$•✓ s �MrouEU � ° - ^� ntDrwoo nveHUB ^...^ ART MASTER PLAN r•. . a 7. Double Doily �..V�; �. • ;i =r fp ■ 454 455 8. Wintering byArny Nadler (2) 12' x 5' Painted steel 456 i l� �+MUnmuuevro r 71 ^..,.......^ .. ART MASTER PLAN F AIACPRTHUR BOULEVARD 8. Wintering we w.a • ..� cos.. DECO.2011 O «� 457 EM 9. Pretty Boy by David Buckingham l � 11' x 4'x 4' Recycled steel a. 459 MAV THUR WULCVMD W THUR OWLEVMD i6 ­ MEL ART MASTER RAN 9. Pretty Boy F 4'. E"Imil DEC 07 Em 461 10. Odyssey by Ray Katz 22'x18'x20' Steel 462 o��� r i711k►. �.i�+r I I , � � ,..... , - ART MASTER PLAN 10. Odyssey e a !� 463 EM IT City of Newport Beach's inaugural Sculpture in the Civic Center Park Exhibition 1. Brandi 2. Red Gateway Curt Brill Chris Rench 5. Big Wet Dog 6. Sphere 108" 7. Double Doily Matt Babcock Ivan McLean Jennifer Cecere 3. Red 4. Cub Triptych Jonathan Prince Gerardo Hacer 41 � —r i r7� 10. Odyssey 8. Wintering g, pretty Boy Ray Katz Arny Nadler David Buckingham O ^� DEC `20I1 465