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HomeMy WebLinkAbout04 - Use of the Official City Seal on the Commemorative Plaque for the Ben Carlson Statue4-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF April 12, 2016 Agenda Item No. 4 ABSTRACT: The Ben Carlson Foundation has commissioned and donated a memorial statue to the City of Newport Beach, to honor lifeguard Ben Carlson. The Ben Carlson Foundation requests permission to place the City Seal on the statue’s commemorative plaque. RECOMMENDATION: Adopt Resolution No. 2016-47, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Use of the Official City Seal on the Commemorative Plaque for the Ben Carlson statue. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: On Sunday, July 6, 2014, Newport Beach Lifeguard Ben Carlson heroically gave his life to rescue a distressed swimmer. The untimely drowning of the 32 year-old lifeguard was the first death in the line of duty in the 100-year history of the Newport Beach Lifeguard Department. The Ben Carlson Foundation proposed to commission and donate a memorial statue to the City of Newport Beach in honor of Ben’s sacrifice. The City Arts Commission reviewed the sculpture in accordance with Council Policies I-9, Art in Public Places (Attachment B), and I-11, Acquisition of Art by the City of Newport Beach (Attachment C). The Commission recommended that the City accept the donation and place the 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 PHONE:(949) 717-3810 TITLE:Use of the Official City Seal on the Commemorative Plaque for the Ben Carlson Statue Use of the Official City Seal on the Commemorative Plaque for the Ben Carlson Statue Authorizing the City's Consent for the use of the City Seal on the commemorative plaque for the Ben Carlson statue. April 12, 2016 Page 2 4-2 sculpture at the base of the Newport Pier, adjacent to the Benjamin M. Carlson Lifeguard Headquarters and on July 14, 2015, City Council accepted the donation. The dedication ceremony for the memorial is scheduled for July 6, 2016; the second anniversary of Ben’s passing. In preparation for the dedication ceremony, the Ben Carlson Foundation requests permission to place the City Seal on the statue’s commemorative plaque. The use of the City Seal on the commemorative plaque denotes that the sculpture is part of the City’s art inventory. The application of the City Seal on the plaque is also demonstrative of the City’s support of the project and an important recognition of Mr. Carlson’s sacrifice while safeguarding our residents and guests as a City lifeguard. Staff recommends that City Council adopt the resolution authorizing the City's consent to the use of the City Seal on the commemorative plaque for the Ben Carlson statue. 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: Resolution 2016-47 Attachment B: Council Policy I-9, Art in Public Places Attachment C: Council Policy I-11, Acquisition of Art by the City of Newport Beach RESOLUTION NO. 2016-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING THE USE OF THE OFFICIAL CITY SEAL ON THE COMMEMORATIVE PLAQUE FOR THE BEN CARLSON STATUE WHEREAS, on Sunday, July 6, 2014, Newport Beach Lifeguard Ben Carlson heroically gave his life to rescue a distressed swimmer; WHEREAS, Mr. Carlson’s sacrifice was the first death in the line of duty in the 100-year history of the Newport Beach Lifeguard Department; WHEREAS, to honor Mr. Carlson’s sacrifice, the Ben Carlson Foundation commissioned and donated a memorial statue to the City of Newport Beach; WHEREAS, on July 14, 2015, the City Council accepted the donation of a memorial statue from the Ben Carlson Foundation in accordance with Council Policy and approved the placement of the statue at the base of the Newport Pier; WHEREAS, the Ben Carlson Foundation has contracted Lifescapes International for the landscape architecture of the site, and ValleyCrest Contractors for the installation of the statue; and WHEREAS, in preparation for the dedication ceremony for the memorial scheduled for July 6, 2016, the Ben Carlson Foundation requests permission to place the Official City Seal on the statue’s commemorative plaque. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: Section 1: Pursuant to Newport Beach Municipal Code Section 1.16.050 the City Council hereby authorizes the Ben Carlson Foundation to use the Official City Seal on the Ben Carlson statue, which will be placed at the base of the Newport Pier. Section 2: The recitals provided above are true and correct and incorporated into the operative part of this resolution. Section 3: The City Council finds the adoption of this resolution and the use of the Official City Seal 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. 4-3 ATTACHMENT A Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this ___ day of ___________, 2016. Diane B. Dixon, Mayor ATTEST: Leilani I. Brown, City Clerk 4-4 I-9 Do ART IN PUBLIC PLACES 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. 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. 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. The responsibility of the Arts Commission is to: 1.Identify and assess potential Art in Public Places projects and sites; 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. The Arts Commission shall consider the following criteria in making recommendation for an Art in Public Places project: 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; ATTACHMENT B 4-5 I-9 3.The experience, skill and ability of the artist to produce the work of art; 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, Lnstall and maintain the work of art; 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. Temporary art may be acquired and placed through the same procedures as permanent works. 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. 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 8,1986 Reaffirmed - January 24,1994 Amended - May 26, 1998 Amended & Reassigned - April 8, 2003 Formerly 1-18 2 4-6 I-11 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 ATTACHMENT C 4-7 I-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. 4-8 I-11 Adopted- February 24, 1986 Reaffirmed-January 24, 1994 Amended & Reassigned-April 8, 2003 Amended – May 12, 2015 Formerly F-23 Formerly I-13 4-9