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Home My WebLink About15 - Acceptance of the Painting Grandmother's Spirit by Thekla Hathaway Hammond into the City Art InventoryQ SEW Pp�T CITY OF 5 == z NEWPORT BEACH <,FORN'P City Council Staff Report March 23, 2021 Agenda Item No. 15 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tim Hetherton, Library Services Director - 949-717-3801, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton, Library Services Director, thetherton@newportbeachca.gov PHONE: 949-717-3810 TITLE: Acceptance of the Painting Grandmother's Spirit by Thekla Hathaway Hammond into the City Art Inventory ABSTRACT: Mr. David Kuhn of Newport Beach has offered to donate the painting, Grandmother's Spirit, by Thekla Hathaway Hammond, to the City of Newport Beach (City). The piece satisfies the criteria of Council Policies 1-9, Art in Public Places, and 1-11, Acquisition of Art by the City of Newport Beach. The City Arts Commission recommends that the piece should be made available as wall art for City offices or public spaces in City buildings. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Per Council Policy 1-11, the City Arts Commission recommends that City Council accept the painting, Grandmother's Spirit by Thekla Hathaway Hammond, into the City's art inventory. DISCUSSION: Mr. David Kuhn, Jr. has offered to donate a painting by his late sister, Thekla Hathaway Hammond, to the City of Newport Beach. Thekla Hathaway Hammond was born September 5, 1949, in Kansas City, Missouri. Primarily a professional artist, she also taught English at Santa Barbara City College and art classes at the Santa Barbara Museum of Art. Ms. Hammond, who held an M.F.A. from the University of California, Santa Barbara, exhibited her work widely from 1972 to 2016, in both solo and group exhibitions in the United States and internationally. 15-1 Acceptance of the Painting Grandmother's Spirit by Thekla Hathaway Hammond into the City Art Inventory March 23, 2021 Page 2 The painting, Grandmother's Spirit (Attachment A) was completed in 1995. The work was executed with acrylic paints, and measures 82" wide by 68" tall. Based on the sale prices of other paintings by the artist, Grandmother's Spirit is estimated to have a value between $10,000 and $15,000. In order to recommend the gift for acceptance, the City Arts Commission is required to ensure that the gift meets the criteria of Council Policy 1-11, Acquisition of Art by the City of Newport Beach (Attachment B) and Council Policy 1-9, Art in Public Places (Attachment C). The City Arts Commission advises that Grandmother's Spirit meets these criteria. Ms. Hammond has a body of work that demonstrates her experience, skill, and ability as an artist. The aesthetic concept, quality, scale, and form of Grandmother's Spirit, and its appropriateness for display in City facilities, satisfies Council Policies 1-9 and 1-11. The painting is in pristine condition and is sufficiently durable as to not be easily damaged or destroyed. It does not require restoration or extensive long-term conservation, and while it is a larger piece, it can be stored, relocated, and displayed without difficulty. There is no cost associated with acquiring and installing the piece. Grandmother's Spirit is a hand- made original creation. It was not mass-produced from a standard design, nor is it a reproduction of an original artwork. The work is solely the creation of the artist. The City Arts Commission believes that the painting adds to the balanced inventory of the City's collection, representing a unique style, design, and media. The piece is consistent with and relevant to the civic interests and broad variety of tastes within the Newport Beach community. Rather than designating a specific location, the City Arts Commission advises City Council that the piece should be made available as wall art for City offices or public spaces in City buildings. Mr. Kuhn, the owner of the piece, has agreed to all the conditions listed in Council Policy 1-11, Acquisition of Art by the City of Newport Beach. FISCAL IMPACT: There is no immediate fiscal impact related to accepting this painting into the City art inventory. The piece does not require restoration, framing, or protective UV/UVA glass. The piece can be transported and installed by City staff. Should the piece require maintenance in the future, staff will use funds from Budget No. 01060603-811008, Cultural Arts Professional Services. 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. 15-2 Acceptance of the Painting Grandmother's Spirit by Thekla Hathaway Hammond into the City Art Inventory March 23, 2021 Page 3 NOTICING: 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: Attachment A — Image of Grandmother's Spirit Attachment B — City Council Policy 1-11, Acquisition of Art by the City of Newport Beach Attachment C — City Council Policy 1-9, Art in Public Places 15-3 ATTACHMENT B 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 15-5 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. 15-6 Adopted- February 24,1986 Reaffirmed -January 24, 1994 Amended & Reassigned -April 8, 2003 Amended - May 12, 2015 Formerly F-23 Formerly I-13 15-7 ATTACHMENT C 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. Reserved. E. Reserved. F. Reserved. G. The Arts Commission shall review any future modifications, relocation, repairs, and/or replacement of parts or works for Art located in public places. History Adopted T-1- 9-8-1986 Amended T-1 -1-24-1994 (changed to I-18) Amended I -18 - 5-26-1998 Amended I-18 - 4-8-2003 (changed to I-9) Amended I-9 - 8-8-2017 1 15-8