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Home My WebLink About16 - Donation of the Sculpture Sphere 112 to the City of Newport BeachQ �EwPpRr CITY OF O rt z NEWPORT BEACH <,FoP City Council Staff Report June 28, 2016 Agenda Item No. 16 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tim Netherton, Library Services Director - 949-717-3801, thetherton@newportbeachca.gov PREPARED BY: Tim Netherton, Library Services Director — thetherton@newportbeachca.gov PHONE: 949-717-3810 TITLE: Donation of the Sculpture Sphere 112 to the City of Newport Beach /A\ MV d -TA14 6 Sphere 112 is one of the works featured in Phase 1 of the Inaugural Newport Beach Civic Center Park Sculpture Exhibition. The Newport Beach Arts Foundation has offered to purchase the piece and donate it to the City. At their April meeting, the City Arts Commission approved the acceptance of the piece into the City Art inventory. On June 7, 2016, the Parks, Beaches, and Recreation Commission at their Regular Meeting agreed to permanently site the piece in Civic Center Park, per the guidelines in Council Policy 1-11, Acquisition of Art by the City of Newport Beach. RECOMMENDATION: a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Accept the donation of Sphere 112 from the Newport Beach Arts Foundation into the City Art inventory as recommended by the Arts Commission. FUNDING REQUIREMENTS: Sphere 112 will be purchased privately by the Newport Beach Arts Foundation at a cost of $15,000 and donated to the City. The piece is currently in place at the proposed site. Maintenance is estimated at $250.00 annually, and will be expensed from Cultural Arts account # 10160603-811008, Professional and Technical Services. 16-1 Donation of the Sculpture Sphere 112 to the City of Newport Beach June 28, 2016 Page 2 DISCUSSION: Sphere 112 by Ivan McLean (Attachment A) is one of the works featured in Phase 1 of the Inaugural Newport Beach Civic Center Park Sculpture Exhibition. The piece was named for the size of its diameter, 112 inches. Mr. McLean assembled the piece from stainless steel rods of various shapes and sizes selected randomly and welded together. Currently installed adjacent to Avocado Avenue just north of the intersection with San Miguel Drive (Attachment B), Sphere 112 was voted as the People's Choice for best sculpture at the Grand Opening of the Sculpture Exhibition in Civic Center Park on September 13, 2014. Mr. McLean is an acclaimed sculptor who has many examples of public and private art on display throughout the country. The Newport Beach Arts Foundation, upon City Arts Commission approval, has expressed interest in purchasing Sphere 112 and donating it to the City. An initial concern; however, was the durability of the piece in Newport Beach's coastal environment. Cursory inspection in January 2015 revealed that the piece had oxidization present where the stainless steel rods were welded together as well as some oxidation on the rods themselves. Discussions with the sculptor, Ivan McLean, indicate that Sphere 112 was fabricated from 304 grade stainless steel which is durable in most situations but does not fare well in a corrosive marine environment. In response to this concern, the City Arts Commission in March 2015 agreed to authorize Mr. McLean to create, at his own cost, a replacement piece for Sphere 112 with a similar piece fabricated from the more durable marine grade 316 stainless steel. The refabricated piece was installed in December 2015. The City Arts Commission in January 2016 listed the purchase of Sphere 112 as a potential funding opportunity for the Newport Beach Arts Foundation on the condition that the replacement piece demonstrated that it was resistant to oxidization. Staff has monitored the condition of Sphere 112 closely, and the replacement piece has fared well through the rainy season, with no signs of oxidization (Attachment C). The piece meets the criteria as established in Council Policy 1-9, Art in Public Places (Attachment D), and Council Policy 1-11, Acquisition of Art by the City of Newport Beach (Attachment E). The Fine Arts Ad Hoc Subcommittee has reviewed the Application for the Review and Consideration of Art submitted by Mrs. Carmen Smith of the Newport Beach Arts Foundation and has approved the acceptance of the donation. At their June meeting, the Parks, Beaches, and Recreation Commission agreed to allow the placement of the piece in Civic Center Park, per Council Policy 1-11, which requires the City Arts Commission to advise the City Council regarding appropriate sites and locations in the City for the display of Art, in conjunction with the City commission, committee, board and/or department which has responsibility for planning or maintaining the proposed location. 16-2 Donation of the Sculpture Sphere 112 to the City of Newport Beach June 28, 2016 Page 3 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: 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 — Photographs of Sphere 112 Attachment B — Sphere 112 Location Attachment C — Sphere 112 Detail Attachment D - Council Policy 1-9, Art in Public Places Attachment E - Council Policy 1-11, Acquisition of Art by the City of Newport Beach 16-3 . ; � lkd&d 4.1 ,h 414!-li � 4 _- Y qs `6►.. _ �� yLt s � . ATTACHMENT B—Sphere 112location (r w 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 Commission 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; 1 i . •. 1--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 5,1986 Reaffirmed - January 24,1994 Amended - May 26,1998 Amended & Reassigned - April 8, 2003 Formerly I-18 K 16-10 ATTACHMENT E 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 16-11 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. 16-12 Adopted- February 24,1986 Reaffirmed -January 24,1994 Amended & Reassigned -April 8, 2003 Amended - May 12, 2015 Formerly F-23 Formerly I-13 16-13