1988-185-Adopting Policy Concerning Long-Term Loans, Gifts, Purchases Commissions Of Art Works For Public InstallationRESOLUTION NO. 1988 -185
A TOWN OF LOS GATOS RESOLUTION
ADOPTING POLICY CONCERNING LONG -TERM LOANS, GIFTS, PURCHASES
COMMISSIONS OF ART WORKS FOR PUBLIC INSTALLATION
(ON EXTERIOR OR OUTDOOR SITES, IN PUBLIC BUILDINGS,
IN PARKS AND OPEN SPACES)
WHEREAS, the Town desires to provide a process through which the Town can
accept art works on loan or as gifts from artists and collectors as part of a public
art program; and,
WHEREAS, Town wishes to provide guidance to the Town and the Arts Commission
for purchases of existing works or for commissioning artists in creating works for
the Town;
NOW THEREFORE, BE IT RESOLVED that the Los Gatos Town Council does hereby
adopt this Resolution providing a policy for public art for the Town, as attached.
PASSED AND ADOPTED by the Town Council of the Town of Los Gatos, California,
at a regular meeting held this 19 day of September , 1988, by the following
vote:
AYES: COUNCILMEMBERS: Joanne Benjamin, Thomas J. Ferrito,
Robert L. Hamilton, Brent N. Ventura & Mayor Eric D. Carlson
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
SIGNED:
ATTEST:
SENIOR DEPUTY CLERK 0 HE TOWN OF LOS GATOS
C
ATTACHMENT A
POLICY CONCERNING LONG -TERM LOANS, GIFTS, PURCHASES OR
COMMISSIONS OF ART WORKS FOR PUBLIC INSTALLATION
(ON EXTERIOR OR OUTDOOR SITES, IN PUBLIC BUILDINGS,
IN PARKS AND OPEN SPACES)
PURPOSE.:
The Town Council approved, in concept, the Arts Commissions' Goal V of the Master
Plan to, "Encourage Enrichment of the Physical Environment." Proposed Method A
calls for establishment of "a program of public visual art projects in the Town."
Proposed Method B calls for the "Arts Commission to encourage private sector
co- sponsorship of programs" in the public art program.
The purpose of this policy is to provide a process through which the Town can accept
art works on loan or as gifts from artists and collectors as part of a public art
program. The policy also provides guidance to the town and the Arts Commission for
purchases of existing works or for commissioning artists in creating works for the
Town.
SCOPE:
This policy applies to installation of all art works loaned, given, to or acquired
by the Town for public display in parks and open spaces.
I. Policy:
The Town of Los Gatos plans for public installation of works of art.
It is the objective of the "Public Art" program to provide the community
with the opportunity to enjoy access to a variety of art works and a variety
of styles. It is also the objective of the "Public Art" program to treat
artists fairly and to work with a variety of artists over time. Artists who
work or live within the Los Gatos sphere of influence will receive first
consideration under this program. Artists and works from other geographic
regions will also be considered for inclusion.
II. Procedure:
Works of art which might be available for loan for public installation are
reviewed by a selection committee consisting of a member of the Arts
Commission with a visual arts background; a member of the Town Staff for the
department which will be affected (Parks, etc.); an artist from the
community; an arts professional (artist, art historian, arts administrator,
museum professional etc.); a member from the community at large; and, for
collections management, the Historical and Arts Coordinator.
Those items that are recommended by the selection committee are reviewed by
the Arts Commission and forwarded to Town Council for approval.
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Town Council refers the recommendation to any relevant Commissions as
necessary or approves the Arts Commissions recommendation.
III. Criteria and Conditions for Selection:
Donations of works of art will be considered only if offered
unconditionally. The Town can make no promises to donors to exhibit works
permanently or to maintain all works as the property of the Town in
perpetuity
The Town will maintain a responsible collections management, de- accession,
and maintenance policy and procedure for works of art which are accepted as
part of the Town's permanent collection.
A. A work of art which is accepted to the Town's Permanent Collection may
be a gift or a purchase.
B. Acceptance will result in an agreement between the donor or artist and
the Town.
C. No acquisition will be accepted without the knowledge of and expressed
permission and approval of the Town Council.
D. The following are criteria for determining if an art object is
desirable for acquisition:
1. It is deemed to be an object of lasting aesthetic value.
2. There is inherent quality in the work itself (i.e. the committee
would not necessarily accept a work based on the artist's
overall reputation but on the inherent quality of the work under
consideration).
3. Style Works of art should be compatible in scale,
materials, form and content with their
surroundings or which can be sited in a variety
of public areas.
Particular attention shall be given to the social
context of the work and the manner in which itmay
interact with people.
4. Permanence Due consideration shall be given to the
structural and surface soundness,and to
resistance to theft, vandalism, weathering and
excessive maintenance and repair costs.
"Inherent Vice" - some modern works, produced in
experimental or non - traditional media, are made
of unsound or self - destructing materials. Such
works pose conservation and preservation problems
and should be recommended to a museum collection
rather than a municipal collection.
5. Public
Liability Each work shall be examined for unsafe conditions
or factors that may bear upon public liability.
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7. Diversity The overall public art program shall strive for
diversity in style, scale, media and artists.
There shall be encouragement of exploratory types of
work as well as established art forms.
8. Technical
Feasibility (For purchases or commissions)
9. Duplication
Each work shall be examined for its feasibility and
convincing evidence of the artist's ability to
successfully complete the work as proposed.
To assure that the artwork will not be duplicated,
the artist will be asked to warrant that the work is
unique and an edition of one unless stated to the
contrary in the contract or gift agreement.
(Multiples could be accepted at the selection
committee's discretion.)
CRITERIA FOR CONSIDERATION OF ART WORK PLACEMENT
Prior to selecting an outdoor site for an artwork the following factors
shall be taken into consideration:
10. Visibility (and lighting)
11. Public Safety
12. Interior and exterior traffic patterns
13. Relationship to existing architectural and natural features
14. Future development plans for the area
15. Existing art works within the proposed vicinity
IV. Contingencies Specific To Loans
A. Loans of art work will differ only in that the Town will agree to
accept loans for a clearly defined term of time and the lender will
retain title to the piece during its loan period.
(The Town of Los Gatos will hold title for gifts, purchases, and
commissions.)
B. Acceptance of a loan will result in an agreement between the donor or
artist and the Town.
ROLES AND RESPONSIBILITIES
Town Council:
Arts Commission
Parks Commission:
Artworks Selection
Committee:
Staff:
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Selection of "Artworks Selection Committee" Members.
Final acceptance, siting of Artworks based on recommendations
from "Artworks Selection Committee," Arts Commission.
Hears appeals of any Arts Commission recommendations.
Makes recommendations to Council regarding acceptance, siting of
Artworks based on Selection Committee advice.
Hears appeals of any Artworks Selection Committee
recommendations.
Makes recommendations to Council regarding acceptance, and
siting of artworks proposed for installation in a Town park
based on Selection Committee and Arts Commission advice.
Develops inventory of potential sites suitable for installation
of public art.
Makes recommendations to the Arts and other appropriate
Commissions on the following:
1. acceptance, siting of artworks, gifts, loans, purchases
or commissions.
makes recommendations to donor or lender of alternative
public or municipal collections.
2. renewal or non - renewal of loans.
3. responsible, publicly accountable de- accessioning of
works which are no longer appropriate or have become
conservation problems.
4. gifts or loans which are inappropriate.
Attorney: Recommends on legal issues (to Council).
Risk Manager: Recommends on insurance, risk management issues.
Parks Dept.: Recommends on exterior siting, maintenance issues.
Community Services Division (Historical and Arts Coordinator):
Curatorial responsibilities for the public collection. Responsible
for care, preservation of works and records related to the
collection. Responsible for education, interpretation, and public
relations related to collection. Will physically inventory collection
periodically and assess condition of works. Makes recommendations to
"Artworks Selection Committee," on care, preservation, interpretation
and public relations related to works.