Loading...
HomeMy WebLinkAbout09-07-2017 Public Art Committee Agenda PacketSaratoga Public Art Committee Meeting Agenda - Page 1 of 2 SARATOGA CITY COUNCIL PUBLIC ART COMMITTEE SEPTEMBER 7, 2017 12:00 P.M. REGULAR MEETING City Hall, Administrative Conference Room | 13777 Fruitvale Avenue, Saratoga, CA ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on August 29, 2017. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the Public Art Committee for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the Public Art Committee from discussing or taking action on such items. However, the Public Art Committee may schedule the item for discussion at a future meeting. AGENDA ITEMS: 1. Public Art Committee Minutes Recommended Action: Review and approve the Public Art Committee minutes from August 17, 2017. 2. PLACE Lease Agreement Recommended Action: Consider recommendation to the City Council to extend the lease of PLACE with Montalvo Arts Center and to pay for the lease from the Public Art budget. 3. Public Art Map Recommended Action: Discuss map displaying locations of artistic significance in the City of Saratoga. 4. Rock Painting Program Recommended Action: Consider proposal to create a rock painting program. 5. Future Meetings Recommended Action: Discuss agenda topics and scheduling of future meetings. ADJOURNMENT Saratoga Public Art Committee Meeting Agenda - Page 2 of 2 Certificate of Posting of the Agenda, Distribution of Agenda Packet, & Compliance with Americans with Disabilities Act I, Crystal Bothelio, Deputy City Manager for the City of Saratoga, declare that the foregoing agenda for the meeting of the Public Art Committee was posted and available for review on August 29, 2017 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 29th day of August 2017 at Saratoga, California. Crystal Bothelio, Deputy City Manager In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the Public Art Committee by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the Public Art Committee. In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, pleas e contact the City Clerk at 408.868.1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 5.102 -35.104 ADA title II] Saratoga Public Art Committee Minutes - Page 1 of 2 MINUTES AUGUST 17, 2017 PUBLIC ART COMMITTEE REGULAR MEETING The Public Art Committee regular meeting was called to order at 12:18 p.m. in the City Hall Administrative Conference Room at 13777 Fruitvale Avenue in Saratoga. ROLL CALL PRESENT: Mayor Emily Lo, Vice Mayor Mary-Lynne Bernald ABSENT: None ALSO PRESENT: James Lindsay, City Manager Crystal Bothelio, Deputy City Manager REPORT ON POSTING OF THE AGENDA Deputy City Manager Crystal Bothelio reported that the agenda for this meeting was properly posted on August 14, 2017. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS None AGENDA ITEMS: 1. Public Art Committee Minutes Recommended Action: Review and approve the Public Art Committee minutes from June 26, 2017. BERNALD/LO MOVED TO APPROVE THE PUBLIC ART COMMITTEE MINUTES FROM JUNE 26, 2017. MOTION PASSED. AYES: LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. Saratoga Utility Box Art Program Recommended Action: Review draft program materials and consider recommendation to the City Council regarding the Utility Box Art Program. The Public Art Committee discussed the utility box art program, including draft program description and outreach materials. BERNALD/LO MOVED TO RECOMMEND THAT THE CITY COUNCIL IMPLEMENT THE SARATOGA UTILITY BOX ART PROGRAM AS PRESENTED IN THE PACKET WITH A CORRECTION TO THE PROGRAM BUDGET FROM $4,750 TO $5,500. MOTION PASSED. AYES: LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3 Saratoga Public Art Committee Minutes - Page 2 of 2 3. Public Art Map Recommended Action: Discuss development of a map displaying locations of public art in the City of Saratoga. The Public Art Committee discussed creating a map of public art located within the City of Saratoga. BERNALD/LO MOVED TO DIRECT STAFF TO CREATE A MAP AN INVENTORY OF LOCATIONS IN THE CITY OF SARATOGA OF ARTISTIC SIGNIFICANCE TO BE PRESENTED AT THE NEXT PUBLIC ART COMMITTEE MEETING. MOTION PASSED. AYES: LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 4. Future Meetings Recommended Action: Discuss agenda topics and scheduling of future meetings. Vice Mayor Bernald raised an idea proposed to her to create a painted rock public art program. In communities with these types of programs, small rocks are painted by the public and distributed throughout the community or at specified locations. The Public Art Committee agreed to consider the proposal at the next meeting. The next meeting was scheduled for September 7, 2017 at 12:00 p.m. ADJOURNMENT BERALD/LO MOVED TO ADJOURN THE MEETING AT 1:17 P.M. MOTION PASSED. AYES: LO, BERNALD. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Crystal Bothelio, Deputy City Manager City of Saratoga 4 CITY OF SARATOGA Memorandum To: Public Art Committee From: Crystal Bothelio, Deputy City Manager Date: September 7, 2017 Subject: PLACE Lease Agreement On September 1, 2017, the City’s lease with Montalvo Arts Center for the loan and exhibition of PLACE expires. Before the term of the lease expired, the City reached out to Montalvo Arts Center to assess interest in renewing the agreement. Montalvo Arts Center expressed interest in renewing the lease for one more year based on the same fee, terms and conditions of the original lease agreement. If approved, the cost to renew the lease through September 1, 2018 will be $4,000. Funding is currently available in the Public Art budget for the lease. Per the City’s Public Art Policy, the City Council is required to approve placement of public art on City property. Consequently, the lease agreement is scheduled to go before the City Council on September 20, 2017. Prior to the meeting, staff is bringing the lease agreement to the Public Art Committee to provide the City Council with a recommendation on the lease renewal and funding source. 5 6 Agreement between Montalvo Arts Center and the City of Saratoga Pertaining to Loan and Exhibition of PLACE This loan and exhibition agreement ("Agreement") is entered into by and between Montalvo Arts Center ("Montalvo"), a not for profit public benefit corporation located in Saratoga, California, and the City of Saratoga ("City"), California In accordance with the terms and conditions set forth herein, Montalvo agrees to loan, and the City of Saratoga agrees to exhibit, the work entitled Place ("Artwork") as follows. Artwork Artist Steven Simon Title PLACE Date 2008 Medium. Steel Dimensions. Five letters, 50" x 36" x 18" each Appraised Value $7,500 Montalvo represents and warrants that (i) it is the sole owner of the Artwork and has the authority to authorize all uses of the work contemplated by this agreement, (u) the Artwork is free and clear of any liens and that there are no outstanding disputes in connection with property rights, intellectual property rights, or any other rights in the Artwork or parts of the Artwork, (iii) the Artwork will not pose a danger to public property, health or safety in view of the possibility of misuse, if such misuse is in a manner that was reasonably foreseeable at any time during the term of this Agreement*, iv) foreseeable exposure to the elements and general wear and tear will cause the Artwork to experience only minor, repairable damage and will not cause the Artwork to fall below an acceptable standard of public display; (v) general routine maintenance and repair of this Artwork will maintain the Artwork within an acceptable standard of public display, and (vi) the installation and removal of the Artwork will not unacceptably damage or alter the Artwork However, the parties hereby acknowledge and agree that due to the nature of the Artwork's materials that it must be placed out of direct sunlight in a location to be mutually agreed upon in advance in the City library plaza area Dates of Loan and Location of Exhibition Montalvo shall loan the Artwork to the City for the period of September 1, 2016 through and including September 1, 2017 City shall display the Artwork outside of Saratoga Library during the period of the loan Loan and Exhibition Fee: In consideration for the loan and exhibition of the Artwork and the services to be provided by Montalvo pursuant to this Agreement, the City agrees to provide Montalvo a total fee in the amount of four -thousand dollars ($4,000) on or before September 1, 2016 7 Packing and Shipment of the Artwork; Insurance Montalvo shall be responsible for arranging the packing and shipment of the Artwork from Montalvo to the location described above, and for arranging the packing and shipment of the Artwork for return to Montalvo In addition, Montalvo shall be responsible for insuring the Artwork while in transit to and from the City and during packing, installation, and de -installation Installation and de -Installation of the Artwork: Montalvo shall be responsible for installing, physically securing and de -installing the Artwork Security of the Artwork. The City shall monitor and protect the ongoing security and integrity of the Artwork in the same manner that it does so for other City property while onsite during the term of the Loan Agreement Insurance for the Artwork between Installation and De -Installation. The City shall be responsible for insuring the Artwork from the time Installation is completed until De - Installation begins under its standard property insurance policy up to the Appraised Value set forth above against all risks of physical loss or damage from any external cause, except the usual standard exclusions such as but not limited to loss or damage caused by or resulting from wear and tear, gradual deterioration, insects, inherent vice or damage sustained due to or resulting from any repairing, restoration or retouching process; loss or damage caused by or resulting from hostile or warlike action, or from insurrection, rebellion, revolution, civil war, or from seizure or destruction under quarantine or customs regulations, confiscation, illegal transportation or trade; and shipments by mail with certain exceptions) Montalvo understands that City is self-insured through a risk management pool The City shall provide Montalvo with a evidence of such coverage before Montalvo releases the Artwork to the City Special Events- Montalvo and the City agree to collaborate for the purposes of planning and co -hosting special events with regard to the exhibition of the Artwork at the City site, the nature, extent and details of which shall be Jointly determined and agreed to in advance by the parties. Marketing. Credit Any and all printed and electronic marketing materials in relation to the Artwork, including, but not limited to, press releases, newsletters, brochures, calendars, invitations, posters, advertisements, signage, e -blasts, blogs, facebook and twitter posts, and other information on the parties' respective websites shall include the following credit line. Place, by Steven Simon, 2008, on loan from Montalvo Arts Center" Marketing Materials City may make and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Artwork. City may use such reproductions for any City -related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, 8 print, broadcast, film, electronic and multimedia publicity, and catalogues or similar publications The City shall provide any and all such marketing materials related to the exhibition of Place to Montalvo in advance for approval, which shall not be unreasonably withheld Signage• The City shall be responsible for arranging and for any and all costs related to creating signage and interpretive materials for the Artwork, subject to Montalvo's approval, which shall not be unreasonably withheld Hold Harmless/Release The City hereby agrees to the fullest extent permitted by law to indemnify, defend, and hold harmless Montalvo and its trustees, employees, and agents from any claims, damages, injuries or causes of action arising out of or in any way related to the exhibition of the Artwork between the time of installation and de -installation, except for any claims, damages, injuries or causes of action arising as a result of Montalvo's sole negligence or willful misconduct Notwithstanding the foregoing, the City is not responsible for any third party infringement of any copyright to the Artwork held by the artist or Montalvo and is not responsible for protecting the intellectual property rights of the artist or Montalvo Montalvo hereby agrees to the fullest extent permitted by law to indemnify, defend, and hold harmless City and its officers, employees, and agents from any claims, damages, injuries or causes of action arising out of or in any way related to(a) the exhibition of the Artwork arising from the packing, shipment, installation, and de -installation of the Artwork; (b) any infringement of patent, copyright, trademark, trade secret or other proprietary right, or (c) any infringement of the artist's rights under 16 U S C § 106A, 16 U.S.C. § 113, Civil Code §§ 987 et seq, or similar state, federal, or international law except for any claims, damages, injuries or causes of action arising as a result of City's sole negligence or willful misconduct. Termination. Montalvo's Right to Terminate Agreement Before Expiration of the Term. Prior to the expiration of the term of the Loan, Montalvo may provide written notice of its intent to terminate this Agreement to the City and City shall cooperate with Montalvo to coordinate de -installation, packing, and shipment to Montalvo within 30 days of receipt of the notice City's Right to Terminate Agreement Before Expiration of the Term Prior to the expiration of the term of the Loan, City may provide written notice of its intent to terminate this Agreement to the Montalvo and Montalvo shall cooperate with Montalvo to coordinate de -installation, packing, and shipment to Montalvo within 30 days of receipt of the notice City may terminate the agreement if it determines that (i) the Artwork's physical or structural condition poses a threat to public safety; (ii) the Artwork requires excessive maintenance, has faulty design or workmanship, and repair or remedy 9 is impractical or unfeasible, (in) the Artwork has been damaged and repair or remedy is impractical or unfeasible, (iv) the condition or security of the Artwork cannot be reasonably protected; (v) significant changes in the use, character or design of the site where the Artwork is located have occurred and affect the integrity of the Artwork, (vi) the site where the Artwork is located is required to protect public health and safety, (vii) significant, adverse public reaction to artwork owned by the City has continued unabated over an extended period of time, or (viii) removal is requested by the artist General Provisions Arbitration Any dispute or claim arising out of or in connection with the Agreement other than in connection with a third party claim will be finally settled by binding arbitration in Santa Clara County, California, under the Commercial Arbitration Rules of the American Arbitration Association (AAA) by one (1) arbitrator appointed in accordance with such rules Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, the parties may apply to any court of competent jurisdiction for injunctive relief, as necessary, without breach of this arbitration provision. Governing Law/Jurisdiction This Agreement and all matters arising out of or relating to it shall be governed, construed and interpreted in accordance with the laws of the State of California without giving effect to any choice of law rule Force Majeure Neither party hereto shall be liable to the other for any delay or failure in the performance of its obligations under this Agreement if and to the extent such delay or failure in performance arises from any cause or causes beyond the reasonable control of the party affected, including, but not limited to, acts of God, acts of government or governmental authorities, destruction of Montalvo's or the City's property that are the subject of this Agreement, compliance with law, regulations or orders, fire, storm, flood or earthquake, war, rebellion, revolution, or riots Agreement for Sole Benefit of Montalvo and the City This Agreement is for the sole benefit of Montalvo and the City; it confers no rights on any other party Method of Notice: All notices required or permitted by this Agreement shall be in writing and shall be effective upon receipt by the addressee US Mail shall be the preferred means of contact with fax and other means being acceptable if actually received and immediately followed by a mailed hard copy Notices shall be given at the following addresses. Montalvo Montalvo Arts Center P 0 Box 158 Saratoga, CA 95071 The City The City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 ATTN James Lindsay, City Manager 10 ATTN• Angela McConnell Facsimile 408 961 5850 The relevant party may change the address for delivery of notice by giving notice of such change in accordance with this paragraph Counterparts. This Agreement may be executed in two or more counterparts and all counterparts so executed shall for all purposes constitute one agreement, binding on all parties hereto Entire Agreement. This Agreement, including attachments, represents the entire Agreement of the parties with respect to the subject matter herein, and it cannot be amended except by a writing signed by all parties Each party signing this Agreement warrants to the other that the person signing is fully empowered to sign the Agreement and to bind the party for whom he/she has signed Facsimile. 408 867.8559 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date of the last party to sign Montal j Center ("Montalvo") By. The City By. f Sarat a "T ity") Name• Angela McConnell Title. Executive Director Date• me• Ja T le- ty Date• es Lindsay Manag J tt' 1/ ATTEST al/ -iiPothelio, Cryst City Clerk Date. slia-;0\0I APPROVED AS TO FORM. r Richard Taylor, City Attorney Date Sit 8\l‘ 11 CITY OF SARATOGA MINUTE ORDER DATE May 17, 2016 SUBJECT. May 4, 2016 Regular City Council Meeting I, Crystal Bothelio, City Clerk for the City of Saratoga, do certify and declare that the following Council motion was made in regards to item 4 1 Lease Agreement with Montalvo Arts Center for PLACE BERNALD/LO MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MONTALVO ARTS CENTER FOR PLACE AND LOCATE THE ARTWORK OUTSIDE OF SARATOGA LIBRARY MOTION PASSED AYES CAPPELLO, LO, BERNALD, MILLER, KUMAR NOES NONE ABSTAIN NONE ABSENT NONE The above motion will be recorded in the minutes of the Saratoga City Council regular meeting held on the 4`n day of May 2016. Attest I Bothelio, City Clerk 12 CITY OF SARATOGA Memorandum To: Public Art Committee From: Crystal Bothelio, Deputy City Manager Date: September 7, 2017 Subject: Public Art Map At the Public Art Committee meeting on August 17, 2017, the Committee discussed development of a map showing locations in the City of Saratoga of artistic significance and requested that staff provide a draft of the map at the September 7, 2017 meeting. A copy of the map is attached to this memorandum. The draft map is also available online at https://goo.gl/7881Uv 13 Saratoga Public Art Find your way to public art in Saratoga! Art Coming Soon! Paint the City: Utility Box Art Project Art Coming Soon! Paint the City: Utility Box Art Project Art Coming Soon! Paint the City: Utility Box Art ProjectArt Coming Soon! Paint the City: Utility Box Art Project Art Coming Soon! Paint the City: Utility Box Art Project Art Coming Soon! Paint the City: Utility Box Art Project Art Coming Soon! Paint the City: Utility Box Art Project Utility Box Painting Saratoga Village PLACE Bench Saratoga Library Rose Window & Julia Morgan Bust Saratoga Foothill Club Montalvo Arts Center Memorial Arch & Historical Tree Round Blaney Plaza Hakone Gardens & Estate For more: www.saratoga.ca.us/publicart 14 CITY OF SARATOGA Memorandum To: Public Art Committee From: Crystal Bothelio, Deputy City Manager Date: September 7, 2017 Subject: Rock Painting Program At the Public Art Committee meeting on August 17, 2017, the Committee agreed to schedule discussion of a rock painting public art program at the September 7, 2017 meeting. Several U.S. communities have launched rock painting programs. Many of the programs are started by local art groups or community members to encourage the public to engage in public art and build community. Through these programs, local organizers invite the public to purchase a rock, decorate it, mark their name or a hashtag on the bottom of the rock, and then hide the rock in safe public places where rocks will not damage landscape equipment or put the people looking for rocks in danger. After a rock is found, the public is invited to post a photo of the rock to a local Facebook group or social media site and hide the rock for others to discover. Examples of this include Utah Rocks, Salt Lake City Rocks, and Columbus GA Rocks. Utah Rocks: https://www.facebook.com/groups/366168407062734/ Salt Lake City Rocks: https://www.facebook.com/groups/1853635734896153/ Columbus GA Rocks: https://www.facebook.com/groups/ColumbusGaRocks/ Some programs have also encouraged the public to follow a certain theme for rock artwork. For example, the Kindness Rocks Project calls for individuals to inspire random acts of kindness through rock artwork. Through the Kindness Rocks Project, rocks have been placed throughout the United States and in 7 other countries. Kindness Rocks Project: http://thekindnessrocksproject.com/home Since these programs have grown organically through Facebook and other social media sites, there is little to no cost associated with the programs. Generally, participants obtain their own rocks and materials. Some of the programs, such as Greensboro Rocks, host rock painting parties and provide rocks and paints. The cost of rocks, paint, sealant, and pens for 100 artists would be roughly $350 depending on the nature of the event. Greensboro Rocks: https://www.facebook.com/rocksrescue/ 15