SR-305-001-01
e
3oS~~o/-tV/
e
AC:DL:dvrn (artmural)
CouncIl Mtg. 2/28/84
Santa MonIC, Callfornla
TO: Mayor and CIty CouncIl
/0-4
Frs 2 8 1984
FROM:
Arts CommIssion
SUBJECT: ResolutIon EstablIshIng Standards and
Procedures for Publlc Murals and
RecommendatIons on the DISposItIon of the
UnfInIshed Mural on the Fourth Street
Underpass at Ocean Park Boulevard
INTRODUCTION
ThIS
report
makes
recommendations
concernIng
( A)
the
establIshment of standards and procedures for pUblIC murals and
(B) the dISpOSItion of the unfInIshed mural by Jane Golden on the
Fourth Street underpass at Ocean Park Boulevard.
BACKGROUND
(A) Standards and Procedures for PublIC NJurals
In March, 1983, CIty CounCIl requested that the Arts
CommIssion make recommendatIons concernIng the adoptIon of
standards and procedures for publIC murals. After worklng
WIth the CIty Attorney on thIS Issue, the Arts CommISSIon
adopted such standards and procedures at Its meetIng on
February 13, 1984.
ThIS document is presented In the
attachment to thIS report.
(B) DlSposItlon of the UnfInIshed Fourth Street Underpass Mural
1
10- f1
FEe 2 8 1984
e
e
The CIty of Santa MonIca entered Into a contract WIth Jane
Golden In 1980 to paInt a mural on both SIdes of the Fourth
Street underpass. Subsequently, after extended delays In
completIon of the InItIal portIon of the Golden mural, and
resultIng outcry from the Ocean Park art communIty about the
slow progress and the aesthetIC merIts of the mural, Jane
Golden released her claIm on the wall space on the south
SIde of the street, and the CIty contracted WIth Danny
Alonzo to complete a mural on the south SIde. Alonzo
completed hIS mural; the Golden mural remaIns unfInIshed.
FInally In late 1983, CIty CounCIl declared that Golden was
In default on her contract, and requested that the Arts
CommISSIon develop recommendatIons on the dISPOSItIon of the
wall space prevIously contracted to Golden. The Arts
CommISSIon apPoInted an ad hoc commIttee conslstlng of
CommISSIoners GoodWIn, FInkel, and BenaVIdez to explore the
Issue; the commIttee was expanded to Include CounCIl Member
Conn and communIty representatIves Roger GInser, Sara
Faulds, Helen Kennedy, and DIane GoodWIn. The CommIttee met
on January 2, 1984, and made the follOWIng recommendatIons
to the Arts CommISSIon:
1. That the CommISSIon recommend to CIty CounCIl that the
wall space on the north SIde of the Fourth Street
underpass at Ocean Park Boulevard to reopened for
proposals from muralIsts.
2
e
e
2. That proposals be sollc1ted for murals on all or part of
the wall space, Including optIons to complete the
unfInIshed mural currently on that space, Incorporate
portIons of that mural 1n a new pIece, or completely
replace the eXIstIng unfInIshed mural.
3. That the mural POllCY (Attachment A), IncludIng
selectIon process, be utIlIzed In the selectIon of
muralIst(s) for thIS SIte.
4. That solICItatIons of proposals for the mural(s)
emphaSIze that the proposer(s) must demonstrate
communIty support for the proposal.
5. That the proposals should address fundIng of the
proposed mural(s) as well as the aesthetIC deSIgn.
At ItS meetIng on January 16, 1984, the Arts CommISSIon
voted to adopt these recommendatIons and transmIt them to
CIty CounCIl.
BUDGET/FINANCIAL IMPACT
The budget Impact for both (A) establIshIng standards and
procedures for publIC murals and (B) the dISpOSitIon of the
unfInIshed Fourth Street underpass mural are SImIlar. Both
programs would have the follOWIng two types of costs~
3
e
e
1. Actual Expenses
As proposed In the publlC murals procedures, these could
Include project support, Lnsurance, and maintenance. The
Arts Commlsslon proposes that these costs would be
approprlate expenses In the FY 1984-85 Communlty Inltlated
Arts Program (to be ralsed largely from prlvate sources) and
the proposed Percent for Art Program.
2. Admlnlstratlve Expenses
These would Include stafflng, prlntLng, malllng, and juror's
honorarla. All these costs would be mInImal and could be
absorbed within the existing Arts CommissIon budget.
RECOMMENDATION
It IS respectfully requested that CLty Councll:
a) approve the standards and procedures for publlC murals as
presented In the attachment; and
b) direct the Arts Comission to proceed with the recommendatIons
contalned Ln thIS report regardlng the unfInIshed Fourth
Street underpass mural.
PREPARED BY: DavId Lutz, DIrector
Attachments: Resolutlon
Standards & Procedures for PubllC Murals
4
..
o
......
:>
"I
'-
7\
Jl
~
..J
-
~
-
-i
:l
....
:l
:.>
;>
-l
~
.J
~
..,J
:l
::.-..
:>
....
-
:>
J
...>
::::
J
"d
-
J
J
:>
J
r.
D
:I
::r'
II
....
U
.J
-l
-l
-l
:l
Il
::.-..
:J
....
....
:l
J
J
-.::
^
~
.-I
..J
+-<
o
('j
+J
s.-.
C)
:;::;
o
:r:
..
e
e
BEFORE DISTRIBUTION CHECK CONTENT OF ALL
DISTRI.BUTION OF RESOLUTION It C"! 57
2~2Y
/ (J --- ~ - /}l-Wt a~J
~
FQR CITY C~ERKrs ACTION
ORDII\Ai'JCE #
Introduced:
CouncIl MeetIng Date
Agenda Item #
Adopted:
Was It amended?
* ALWAYS Pl'BLISH P.DOPTED ORDlNA.\'CES
~.~ t?/U--~ ~ ~
VOTE:
AffIr~atlve, ~~YL
Negative: 0
Abstaln' - ;?-Qe&.
Absent: . cJ
f~-r
DISTRIBUTIO~:
ORIGINAL to be sIgned, sealed and flIed In Vault.
NEWSPAPER PUBLICATION (Date:
)
)
Department originatIng staff report (
~anagerent Services Lynne Barrette -urdinances only
1
AgencY mentIoned In document or staff report
(certified?)
Subject file (agenda packet) 1
Counter file 1
Others:
Alrport Parking Auth.
AudltOIU'll Personnel
BUIlding Dept. Planning
Environ. Servo Pollee (en-
forcement?)
FInance
Purchasing .
Fire
Recr/Parks
General Servo
Transportation
LIbrary
Treasurer
Manager I. 6i1n
(I 1.
,- ,-.-1, "I
SPW FOUR, COPIES OF ALL ORDINANCES TO:
CODfD SYSTEMS, Attn Peter Macfearle
12 0 I, 1a 1 n c: t r ~ e t
AVQ~, ~ew Jersev 07717
Iii.. i r - ... s
SEND FOUR COPIES OF ALT. ORnT\:.1....:r?~_to~
PR[SIDI:':G JUDGE
SA:JTA :.10:\ICA :-'lUNICIPAL COURT
1725 MAI:.i STREET
SA~TA ~ONICA, CA 90401
3
TOTAL COPIES
. -
e
e
.ftJ !;r-?JO r-e?/
CA:RMM:rmmural
City Councll Meet1ng 2-28-84
Santa Monica, Callfornla
RESOLUTION NUMBER 6837 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA MONICA ADOPTING
STANDARDS AND PROCEDURES FOR
PUBLIC MURALS
WHEREAS, the Clty Councl1 of the City of Santa Monica has
established an Arts CornmisSlon to carry out certain speclfled
purposes; and
WHEREAS, the Arts Commissions has recommended that the City
Counc1l
of the Clty of Santa Monica adopt Standards and
Procedures for Public Murals and
\~EREAS, the Standards and Procedures for PubllC Murals
prepared by the Arts Commlssion will enrich the lives of all
reSldents of and v1stors to the City of Santa Monica by
encouraging public murals,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
SECTION 1.
The Standards and Procedures for Pub11C Murals
attached hereto are hereby adopted.
1
e
-
SECTION 2
The City Clerk shall certify to the adoption of
th1S Resolut1on, and thenceforth and thereafter the same shall be
in full force and effect.
APPROVED AS TO FORM;
~-''!r
Robert M. Myers
City Attorney
-
2
e
e
CITY OF SANTA MONICA
STANDARDS AND PROCEDURES FOR
PUBLIC MURALS
Adopted by Resolut~on Number6837
(ccs)
e
e
1. Statement of Purpose. Pursuant to Municlpal Code
Sectlon 2930 et se~., the Arts Commission of the City of Santa
Monlca has beed established by the City Council. The City
Councll has found and declared:
{a} The lives of citizens of the City
can be enriched by exposure to art 1n its
various forms.
(b) Recognizing and encourag1ng the
arts 15 a basic service of local government.
(c) Innovat1ve programs for ensuring
artlstlc expression in the City must be
developed.
(d) The creatlon of an Arts Commission
w1l1 ensure regular and ong01ng assessment of
art programs in the City. (Municipal Code
Sect10n 2930.)
The purpose of these Standards and Procedures for Public
Murals 15 to encourage and promote pub~ic murals in the City of
Santa Manlca in furtherance of the findings and declaration of
the Clty Councll.
2. Scope. These Standards and Procedures for Publ1C
Murals shall apply only to murals on pUblic property of the City
of Santa ~onica.
3. I~ventory of Public property Suitable for Murals. The
Arts Commisslon shall prepare and from time to time update an
lnventory of public property suitable for murals and shall submit
such lnventory to the C1ty Council for its review and approval.
1
e
e
The ~nventory shall consist of the location of the property, the
department of the City having control of the property, the
phys1cal description of the property, and such other information
deemed appropriate by the Arts Commission.
4. proposal for Public Mural. Any person (here1nafter
"Artist") may submit a proposal to the Arts Commission for a
public mural on property identified in the inventory prepared and
approved 1D accordance with Section 3. The proposal shall
include:
(a) An 8" x 10" black and white photograph of the
wall or other surface for which the mural is proposed.
(b) An accurate color sketch of the proposed mural
s c a led at l" to 1 I .
(c) Ten color slides of the Artist's past work.
(d) The Artist's resume.
(e) A budget for the proposed mural and funding
sources.
5. Selection Committee. The Arts Commission shall appoint
a Stand1ng Selection committee to review all proposals for public
murals. Members of the Selection Committee shall serve one year
terms. A maJority of the Selection Committee shall be residents
of the C1ty of Santa Monica and shall consist of the follow1ng:
(a) One artist.
(b) One resident of the C1ty of Santa Mon1ca who is
not an art professional.
(c) One person who is a curator, designer,
archltect, fundraiser, or writer.
2
e
e
The Cha~rperson of the Arts Commission shall appo~nt one of
lts members to serve as a nonvoting member of the Selection
Committee. In addit~on, the Arts Commiss~on may appoint up to
three technical advisors to ass~st the Selection Committee but
who shall not be ent~tled to vote.
6. Select~on Process. The Selection Committee shall
establ~sh a schedule for rev~ew of proposals for public murals.
The Select~on Committee shall establish two deadl1nes each year
for the submittal of proposals. The Selection Committee shall
only review proposals f1led prior to the applicable deadline
date. The Selection Committee's schedule shall be widely
publ~c~zed in the C~ty.
7.
Ayproval
Committee
of Proposal by Selection
shall approve a proposal
Committee. The
in concept if 1t
Select10n
meets the following:
(a) Aesthetic merit.
(b) Appropriateness to site.
(c) Fesibility.
If the Selection Comm1ttee does not approve the proposal 1n
concept, the Art~st may appeal the dec~sion to the Arts
Comm~SS1.on.
The Selection Committee shall give final approval to the
proposal upon finding:
(a) Community support for the proposal.
(b) written evidence of financ1.al support for the
proposal.
3
e
e
Upon glving
Comm~ttee shall
f~nal approval to a proposal, the Selection
forward its recommendation concern~ng the
proJect. The Selection Comm1ttee's recommendation shall conta~n
the following:
(a) A description of the proposal.
(b) The reasons for giving final approval to the
proposal.
(c) Whether or not the Selection Committee
recommends that the Arts Commission provide full or part1al
f1nanclal support, technical assistance, or no financial support
or technical support.
7. Approval by Arts Commission.
The Arts Commission
shall approve, deny, or modify the recommendation of the
Select10n Comm~ttee. Any decision of the Arts Commission may be
appealed to the City Councll in accordance with Municipal Code
Sect10n 2935.
8. Contract. Upon final approval of a proposal by the
Arts Commission, or City Council in the event of an appeal, a
contract shall be entered into with the Artist. The contract
shall contaln:
(a) The date for completion of the mural.
(b) provisions under WhlCh the Arts commiss~on may
approve extensl0ns for completion and the maXlmum tlme period for
any extenslon.
(c) Termination of the contract 1n the event the
mural is not tlmely completed.
4
e
e
(d) Provis1ons requiring approval of the Arts
Commiss1on for any substantial deviation from the approved
proposal, including a provision that the Arts Commiss1on may
reqU1re a new proposal in the event of a substantial deviat10n
from the approved proposal.
(e) Provis1ons for insurance. (The Arts Comm1ssion
may provide fer the payment of insurance as part of its flnanC1al
support. )
(f) provisions for copyright. The Artist and the
Clty shall j01ntly hold the copyright. The contract shall
provide that the Artist may reproduce the work subJect the City
recelving a percentage of the net proceeds from the reproduction.
The Clty may reproduce the work subJect to the Artist receiving a
percentage of the net proceeds from the reproduction. The amount
of the percentages shall be determined by the Arts Commission and
be based upon the amount of financial support provided by the
Arts Commisslon.
{g} Provis1ons for high quality materials to ensure
the longest possible life of the mural and coating of the murdl
wlth antl-grafflti coating.
(h) Provislons glving the Artist the right to make
any repalrs or restorations. The City shall retain the right to
make repairs and restorations 1n the event the Art1st refuses to
makes repairs at the request of the ,City and for a reasonable
fee.
(i) A waiver by the Artlst of the prov1sions of the
C1vil Code Section 987.
5
e
e
( j )
provisions
whereby the City agrees not to
lntentlonally destroy, alter, modify, or change the mural dur1ng
the perlod that the City devotes the property to its current use.
ThlS provlS1on shall not prevent the City from destroying,
alterlng, modifying, or changlng the mural in the event necessary
to effe~tuate any modification, lmprovement, or renovatlon of the
property on which the mural is located.
(k) provisions that in the event of an alteration,
.
modlficatlon, or change in the mural, the mural wl1l no longer be
represented to be the work of the Artist without his or her
written consent,
(CA:RMM:rrnrnural)
6
.....
e
e
ADOPTED AND APPROVED THIS
28th
DAY
OF
February
. , 984' .
/J~
(i~ c?y~
MAYOR
{$
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION
NO. 6837(CCS) WAS DULY ADOPTED BY THE CITY COUNCIL OF THE
, -
CllY OF SANTA MONICA AT A MEETING THEREOF HELD ON
February 28
. 1984 BY THE FOLLOWING COUNCIL VOTE~
AYES:
COUNCILMEMBERS: Conn, Epstein, Jennlngs, Press.
Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: Nohe
ABSENT:
COUNCILMEMBERS: NQne
ABSTAIN:
COUNCILMEMBERS: Reed
ATTEST:
CLr1- JJ7~
CITY CLERK