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HomeMy WebLinkAbout13 - Selection of Alternate Piece for Sculpture Exhibition in Civic Center ParkCTY OF F NEWPORT BEACH " City Council Staff Report July 14, 2015 Agenda Item No. 13 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM PREPARED BY: Tim Netherton PHONE: (949) 717-3810 TITLE: Selection of Alternate Piece for Sculpture Exhibition in Civic Center Park ABSTRACT: At the June 23 regular Meeting, City Council approved the pieces recommended by the City Arts Commission for Phase 2 of the Sculpture Exhibition in Civic Center Park. Council directed City staff from the City Attorney's office and Risk Management to review the selections from a liability perspective and determine if any proposed selections should be replaced with alternate pieces. RECOMMENDATION: The City Arts Commission recommends that City Council: a) Approve the selection of Act/EquatorZ360 by Kenneth Capps to replace Loomings; b) Approve the adjusted placement of La Cage Aux Folles away from the driveway and foot path; and c) Approve the adjusted placement of Re -cycled in a site in which glare will not affect the homes or motorists across MacArthur Blvd. FUNDING REQUIREMENTS: The current adopted budget includes specified funding for this project. DISCUSSION: At the June 23 regular Meeting, City Council directed City staff to review the 10 proposed selections and alternates recommended by the City Arts Commission for Phase 2 of the Sculpture Exhibition in Civic Center Park from a liability perspective and to determine if any proposed selections should be replaced with alternate pieces. In response, staff from the City Attorney's office and Risk Management reviewed each of the proposed pieces for Phase 2 of the Sculpture Exhibition in Civic Center Park and concluded the following: 13-1 City staff advises that each sculpture, like the pieces in Phase 1, should have signage instructing viewers not to climb or hang on the artwork. In addition, City staff advises that William Bennett's Loomings should not be included in the exhibition because of safety issues. The main concern about the piece are the features that have sharp edges or points. In addition, City staff feels that situating the piece in close proximity to a steep slope is a safety concern. The piece also invites interaction and it may prove difficult to dissuade viewers, particularly juveniles, from sitting or climbing on the piece despite signage prohibiting this behavior. In place of Loomings, the City Arts Commission recommends Act/Equator Z360 (see Attachment A) by Kenneth Capps as an appropriate alternate. The piece will be placed in the site previously designated for Loomings. City staff asserts that Warren Techentin's La Cage Aux Folles is an acceptable piece to include in the exhibition. with two caveats: 1. The piece should be moved further away from both the foot path and the driveway. The Photoshopped rendition of the piece in situ depicts the piece much closer to the foot path and the driveway than the site recommended by City staff from Municipal Operations. The concern is that viewers may be forced to stand too close to the driveway which is the main entrance/exit by automobile into the Civic Center. 2. The piece should be rotated so that the part of the sculpture that flares outward (see Attachment B) is redirected away from both the footpath and the driveway. This part of the sculpture implies an entry point to access the interior of the piece which is inconsistent with a prohibition against climbing on it. Lastly, City staff recommends that the piece Re -cycled be moved to a location further down from the proposed site near the dog park (see Attachment C). The concern over this piece is that it may reflect glare to both the homeowners and to drivers on MacArthur Blvd. A very similar spot closer to the tables and benches where the view from MacArthur is obscured by trees and bushes is a potential replacement site. This space is very similar and within a few yards of the initial spot, with the proposed placement of the piece on the footpath. 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: Description Attachment A - Act/Equator Z360 by Kenneth Capps Attachment B - Detail of La Cage Aux Folles Attachment C - Proposed Site for Re -cycled 13-2 ATTACHMENT A: Act/EquatorZ360 by Kenneth Capps 13-3 ATTACHMENT B— detail of La Cage Aux Folles: all 13-4 It It