HomeMy WebLinkAbout12 - Donation of Artwork Indivisible to the City of Newport BeachQ SEW Pp�T
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c�<,FORN'P City Council Staff Report
June 25, 2024
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Melissa Hartson, Library Services Director - 949-717-3801,
mhartson@newportbeachca.gov
PREPARED BY: Melissa Hartson, Library Services Director
TITLE: Donation of Artwork Indivisible to the City of Newport Beach
ABSTRACT:
In honor of the 40th anniversary of the City of Newport Beach's Sister City friendship with
Okazaki, Japan, the Newport Beach Sister City Association (NBSCA) commissioned artist
Pierce Meehan to create Indivisible, a mixed media piece of artwork. The NBSCA has
offered to donate this piece to the City. At its June 13, 2024, meeting, the City Arts
Commission approved the acceptance of the piece into the City art inventory. On
June 17, 2024, the Board of Library Trustees, at its Regular Meeting, agreed to install the
piece in the Passport Office located in the Central Library, per the guidelines in City
Council Policy 1-11, Acquisition of Art by the City of Newport Beach.
RECOMMENDATIONS:
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) Accept the donation of Indivisible from the Newport Beach Sister City Association into
the City art inventory and approve the placement of the piece in the Central Library.
DISCUSSION:
The NBSCA is a non-profit, volunteer organization that endeavors to promote
international communication, understanding, education and friendship between the
people of Newport Beach and the people of foreign cities. These principles are
accomplished through cultural exchanges, business exchanges, student and teacher
exchanges, student scholarships, and host families.
Since November 1984, the City of Newport Beach has enjoyed a Sister City relationship
with the City of Okazaki. Okazaki is located 200 miles west of Tokyo and has an estimated
population of over 380,000. The city is best known for its production of stonework, miso,
fireworks, centers for automobile, chemical and textile industries, and biological research.
In honor of the 40th anniversary of the Sister City relationship with Okazaki, the NBSCA
commissioned local artist Pierce Meehan to create a set of two companion pieces of
artwork. Indivisible (Attachment A) is the set of mixed media art pieces made of foam,
resin, fiberglass and pigment. Each piece measures 40" x 40" x 3". They are white and
red representing both the American flag and the Japanese flag seen together in unity and
are the only two pieces with this design and colorway.
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Donation of Artwork Indivisible to the City of Newport Beach
June 25, 2024
Page 2
At the beginning of June, the NBSCA traveled as a 15-member Newport Beach
delegation, including City Council Members Robyn Grant and Erik Weigand, to Okazaki
to celebrate the milestone anniversary. The visit included a presentation and gifting of
one of the works of Indivisible to Okazaki Mayor Yasuhiro Nakane. Its companion piece
will be presented to the City Council at the July 9, 2024, City Council meeting.
The piece meets the criteria as established in City Council Policy 1-9, Art in Public Places
(Attachment B). The Art in Public Places Ad Hoc Subcommittee of the City Arts
Commission reviewed the application for the Review and Consideration of Art submitted
by Ms. Truly Boring of NBSCA. After review, the Ad Hoc Subcommittee determined that
Indivisible meets the criteria established in City Council Policy 1-11, Acquisition of Art by
the City of Newport Beach (Attachment C) except for Section D.1, which states, "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." The Ad Hoc Subcommittee concluded in its review
that Indivisible is described as a series consisting of two mediums, sculpture and print
and therefore, is not considered a limited edition. However, the Ad Hoc Subcommittee
made the recommendation to request a waiver of this section and accept the piece into
the City Art Inventory recognizing the NBSCA's long-time dedication to the City and the
special symbolic meaning as the dual pieces commemorate 40 years of the Sister City
relationship between Okazaki and Newport Beach. The City Arts Commission approved
the Ad Hoc Subcommittee's recommendation that the piece be added to the City Art
inventory and installed in the Central Library Passport Office (Attachment D).
At its June 2024 meeting, the Board of Library Trustees agreed to allow installation of the
piece in the Central Library Passport Office, per City 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.
FISCAL IMPACT:
There is no fiscal impact related to this item as the NBSCA is donating the piece to the
City of Newport Beach.
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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).
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Donation of Artwork Indivisible to the City of Newport Beach
June 25, 2024
Page 3
ATTACHMENTS:
Attachment A
— Image of Indivisible
Attachment B
— City Council Policy 1-9, Art in Public Places
Attachment C
— City Council Policy 1-11, Acquisition of Art by the City of Newport Beach
Attachment D
— Indivisible Location
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ATTACHMENT A
"Indivisible" by Pierce Meehan
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ATTACHMENT B
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 1-9)
Amended I-9 - 8-8-2017
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ATTACHMENT C
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
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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.
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Adopted- February 24,1986
Reaffirmed -January 24,1994
Amended & Reassigned -April 8, 2003
Amended - May 12, 2015
Formerly F-23
Formerly I-13
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ATTACHMENT D - Indivisible Location (p. 1)
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ATTACHMENT D - Indivisible Location (p. 2)
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