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06 Staff Report - Donation From Art Cat Project CommitteeMEETING DATE: 12/1/03 ITEM NO. (4), COUNCIL AGENDA REPORT DATE: NOVEMBER 10, 2003 TO: MAYOR AND TOWN COUNCIL FROM: DEBRA J. FIGONE, TOWN MANAGER SUBJECT: AUTHORIZE THE TOWN MANAGER TO ACCEPT A DONATION OF $10,000 FROM THE LOS GATOS ART CAT PROJECT COMMITTEE TO THE TOWN OF LOS GATOS ARTS COMMISSION TO FUND A NEW PUBLIC. ART PROJECT. RECOMMENDATION: Authorize the Town Manager to accept a donation of $10,000 from the Los Gatos Art Cat Committee to the Town of Los Gatos Arts Commission to fund a new public art project. BACKGROUND: The Los Gatos Art Cat Project Committee worked for over a year to pair 50 fiberglass cat figurines with artists to decorate them and businesses to sponsor and display them. The decorated cats were displayed in businesses in Los Gatos in August and auctioned off during the Bandstand Dedication Celebration on September 6, 2003. The project raised over $46,000. On November 13, 2003, the Art Cat Project Committee awarded cash donations to nine groups to further art -related projects. The Town of Los Gatos Arts Commission received $10,000 to fund a new public art project in Los Gatos. DISCUSSION: Public art is not a funded project in the Town's 2003/2004 fiscal year budget. This donation will allow the Town the opportunity to fund a new public art project. The Public Art Selection Policies and Procedures, as governed by Resolution 1992-78 (Attachment 1), will be followed. This policy provides guidance to the Council appointed Arts Commission and Art Selection Panel for purchasing existing artwork and for commissioning artists to create new artwork for the Town. The Town Council makes the final decision regarding acceptance and placement of new artwork recommended by the Arts Commission. PREPARED BY: REGINA. FALKNER i/fr, Community Services IDirec or Reviewed by: Q 53 Assistant Town Manager Town Attorney Clerk ,Finance Revised: 11/25/03 2:23 pm Reformatted. 5/30/01 %j pprocied PAGE 2 MAYOR AND TOWNCOUNCIL SUBJECT: AUTHORIZE THE TOWN MANAGER TO ACCEPT A DONATION OF $10,000 FROM THE LOS GATOS ART CAT PROJECT COMMITTEE TO THE TOWN OF LOS GATOS ARTS COMMISSION TO FUND A NEW PUBLIC ART PROJECT. November 10, 2003 CONCLUSION: Staff recommends that Council authorize the Town Manager to accept the donation from the Los Gatos Art Cat Project Committee. ENVIRONMENTAL ASSESSMENT: The recommended actions are not a project defined under CEQA, and no further action is required. FISCAL IMPACT: All revenue from this donation will be placed in a designated revenue account (8070-48730) and the proposed 2004/2005 budget will utilize these funds to recognize this donation. ATTACHMENTS: 1. Resolution of the Town Council of the Town of Los Gatos Adopting Public Art Selection Policies and Procedures and Rescinding Resolution 1998-185 (with Exhibit A) DISTRIBUTION: Arts Commission Art Selection Panel RAF:SB N:ICSDITCRPTS\Art Cat Gift.wpd Attachment 1 RESOLUTION 1992-78 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ADOPTING PUBLIC ART SELECTION POLICIES AND PROCEDURES AND RESCINDING RESOLUTION 1988-185 WHEREAS, the Town of Los Gatos has a Public Art Selection Program allowing it to accept art works on loan and as gifts; and WHEREAS, the Town of Los Gatos desires to revise its policies and procedures which govern the Public Art Selection Program; and NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF L08 GATOS DOES HEREBY RESOLVE AS FOLLOWS: (1) adopt the Public Art Selection Policies and Procedures attached as Exhibit A; and (2) rescind Resolution 1988-185. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 18th day of May, 1992, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, Mayor Eric D. Carlson NAYES: None. ABSENT: None. ABSTAIN: None. SIGNED: /s/ Eric D. Carlson ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CS G :r:\RESOS\CS051892.R78 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA -1- Exhibit A PUBLIC ART SELECTION POLICY AND PROCEDURE I. PURPOSE The purpose of this policy is to provide a process through which the Town can accept art work on loan or as a gift as part of a Public Arts Program. The policy also provides guidance to the Town and the Arts Commission for purchasing existing art work and for commissioning artists to create new art work for the Town. II. SCOPE This policy applies to the installation of all/art work loaned to the Town for more than three months, gifted, purchased, or commissioned by the Town of Los Gatos for public display. Exhibitions under three months are facilitated by the Commission. A. Policy The Town of Los Gatos plans for public installation of art work. It is the objective of the Public Art Program to provide the community with the opportunity to enjoy access to a variety of art work and to work with a variety of artists over time. Local Los Gatos artists shall receive preferred consideration under the Public Art Program. Artists and art work from other geographic regions shall also be considered for inclusion. B. Procedure 1. Art work which is offered to the Town for public installation shall be reviewed by the Art Selection Panel, consisting of five voting members. Those five members shall be: a. A member of the Arts Commission b. A member of a Town Commission for the area affected (Parks, etc.) c. An artist from the Town d. An art professional (artist, art historian, art administrator, museum professional, architect, etc.) e. A member from the community at large 2. The Art Selection Panel members shall be recommended by the Arts Commission to the Town Council for approval. Term shall be two years and shall be staggered. 3. . The Art Selection Panel shall meet minimally once a year or more often as necessary. When voting on whether or not to accept an art work, members shall be encouraged to reach consensus. If consensus is not possible, simple majority vote shall prevail. The Art Selection Panel is required to submit a written report supporting its recommendation within two weeks of selection. The entire panel shall meet to make art work selections. i 4. Public art work that is recommended by the Art Selection Panel is reviewed by the Arts Commission. All Art Selection Panel reports and Arts Commission rationale shall be forwarded to the Town Council for consideration. C. Criteria and Conditions for Selection 1. The Town shall make no promises to exhibit art work permanently or to maintain art work as the property of the Town in perpetuity. 2. The Town shall maintain a responsible collection, maintenance, and de-, accession policy and procedure for art works which are accepted as part of the Town's Public Art Program. 3. No acquisition shall be accepted without written permission and approval from the Town Council. 4. Acceptance shall result in a contract between the donor or artist and the Town. (Art work is loaned for a clearly defined period of time with the lender retaining title to the art work.) 5. The following shall be criteria for determining whether an art work is acceptable: a. It shall be deemed to be an art work of lasting aesthetic value. b. There is inherent quality in the art work itself (i.e. the Art Selection Panel shall not necessarily accept art work based on the artist's overall reputation). c. Style: An art work shall be compatible in scale, materials, form, and content with its surroundings. d. Permanence: Due consideration shall be given to structural/surface soundness, resistance to theft, vandalism, weathering, and excessive maintenance repair costs. e. Public Liability: Each art work shall be examined and approved for safety conditions and factors which may bear upon public liability. f. Diversity: The overall Public Art Program shall consider diversity in style, scale, and media. g. Technical Feasibility: (For purchases or commissions) Each art work shall be examined for convincing evidence of the artist's ability to successfully complete the art work as proposed. 2 h. Duplication: To assure that the art work will not be duplicated, the artist shall be asked to warrant that the art work is unique and an edition of one, unless stated to the contrary in the contract. (Multiples shall be considered for selection at the art Selection Panel's discretion.) III. CRITERIA FOR CONSIDERATION FOR ART WORK PLACEMENT Prior to placement of an art work, the following factors shall be considered: A. Visibility B. Lighting C. Public Safety D. Traffic Patterns: interior, exterior; foot, and auto E. Location: relationship to existing art work, architecture, and natural features in the proposed vicinity F. Future development plans for the area IV. ROLES AND RESPONSIBILITIES A. Town Council: 1. Appoints Art Selection Panel members. 2. Holds a public hearing to determine acceptance and placement of Art Work based on recommendations from the Arts Commission, Art Selection Panel, and community members. B. Arts Commission: 1. Reviews Art Selection Panel's recommendations and considers input from the donor or lender or members of the public. 2. Makes recommendations to Town Council regarding acceptance and placement of art work, based on Art Selection Panel recommendations and/or public input, including but not limited to the artist. 3. Recommends Art Selection Panel Members to Arts Commission. C. Public Art SubCommittee: 1. Recommend Art Selection Panel members to Arts Commission. 2. Shall make initial art work placement recommendations. 3 D. Art Selection Panel: 1. Makes recommendation to the Arts Commission on the following: a. Acceptance and placement of art work, whether as gift, loan, purchase, or commission. b. Renewal or non -renewal of loaned art work. c. Possible deaccession of art work which may no longer be appropriate. 2. Reviews inventory of potential art work placement locations, suitable for installation of Public Art, as developed by the Arts Commission Public Art SubCommittee. E. Park Commission: Makes recommendations to the Town Council regarding acceptance and physical placement of art works proposed for installation in a Town Park, based on Art Selection Panel and Arts Commission advice. F. Staff: 1. Attorney: Legal issues (to Council). 2. Risk Manager: Insurance, risk management issues. 3. Parks Department: Exterior and interior placement and maintenance issues. 4. Community Services Dept: Implement public art selection policy and procedures. Resolution 1992-78 5-18-92 csd09:A:\Cnclrpts\Pol icy.Art n:\csd\80701Pubart\Po I icy. PAS 4 PUBLIC ART POLICY & PROCEDURE Regarding_Appointment of Panel Public Art Subcommittee Regarding Selection of Art Art Selection Panel Arts Commission Arts Commission Town Council Resolution 1992-78 5-18-92 c s d09: A: \C n c I rptslPo l i cy. A rt n:\csd180701Pu bart\Po l icy. PAS Town Council (Holds public hearing to consider acceptance of art work) 5