SR-01-22-2013-8BCity Council Meeting: January 22, 2013
Agenda Item: `�b
To: Mayor and City Council
From: Karen Ginsberg, Community & Cultural Services Director
Subject: Next steps for Chain Reaction sculpture by Paul Conrad
Recommended Action
Staff recommends that the City Council:
1) Authorize the expenditure of up to $20,000 to temporarily patch and secure the
sculpture.
2) Allow the sculpture as fenced, to remain in place for up to one year, through
February 1, 2014, to allow the community additional time to raise the funds
necessary for its rebuilding.
3) Authorize the commitment of up to $85,000 in funding from the Cultural Trust
Fund, to be used as a match on a dollar for dollar basis to assist in community
fund raising. The match would only be made available if and when the full
amount needed to rebuild the sculpture is secured and the project moves
forward.
4) Authorize the commitment of up to $80,000 to be used for a landscape barrier
around the work should the rebuilding of the sculpture move forward.
Executive Summary
The sculpture, installed in 1991, is in need of major conservation work. On March 20,
2012, the City Council approved the Arts Commission's recommendation to remove
Chain Reaction, and agreed to delay such action until November 15, 2012, to allow the
family and members of the community time to fundraise for the necessary repairs. At
that time, if private funding to restore the work was not secured, the sculpture would be
offered first to the artist's family and heirs and /or to any arts institution of their choosing.
It would also be thoroughly documented for historic purposes prior to removal. In July
and November, the work and an associated parcel were designated as a City landmark
by the Landmarks Commission. To date less than $10,000 in private funding has been
secured. Staff recommends that the sculpture be patched, secured per the Building
Official's recommendations, and that the community fundraising effort be given
additional time, up to a maximum of one year, to raise the necessary funds.
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Background
History of the sculpture
Chain Reaction, by Paul Conrad, was a gift to the City that was approved by City
Council on October 9, 1990 after extensive public process and debate. The work was
originally offered to the City in 1988, and was not site specific in the sense that the artist
offered it to other cities as well. The acquisition was reviewed by a panel of three
prominent artists who recommended support of the acquisition to the Arts Commission.
In order to gain public input, a model of the piece was displayed in the lobby of City Hall
from July through October of 1989. Of those surveyed, 730 citizens recommended
against the City accepting the sculpture and 392 citizens favored its acceptance. The
Arts Commission voted three separate times over the course of the entire review
process, each time to accept the gift.
The work was funded by a private donation to the Santa Monica Arts Foundation of
$250,000. It is important to note that in terms of Paul Conrad's intent for the work, to
the extent that it can be understood from the contract that he signed with the City, he
specifically gave the City permission to move or to 'abandon, dismantle or destroy the
Work'.
The staff report that originally presented the sculpture for consideration states that the
work will be made of bronze, which would require little or no maintenance. However, as
actually fabricated, the sculpture is made of copper tubing over a fiberglass core with an
internal frame of stainless steel. These materials, while durable, do not have the same
permanence in an outdoor setting as cast bronze.
Initial Evaluation of the Sculpture's Safety
In the summer of 2011, the City's Building Official observed members of the public,
including children, climbing and interacting with the sculpture and was prompted to
complete a preliminary evaluation of its safety. The structural integrity of the work could
not be ascertained based solely on visual observation; and a number of issues of
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concern were observed. An interdepartmental staff team decided, in the interest of
public safety, to fence off and preclude access to the sculpture while additional research
and analysis were performed.
Initial Assessment and Findings
The City then assembled a professional team to assist in the assessment of Chain
Reaction to determine its structural integrity. Initial examination consisted of a visual
inspection of the internal armature to detect any corrosion as well as lab testing of
fiberglass and concrete samples along with sample chain -links and the fasteners that
attach the chains to the fiberglass shell of the sculpture. Overall the findings were
mixed, with some aspects that performed well, some identified areas of concern, and
some substantial unknowns, due in part to the inability to access certain areas of the
sculpture without causing substantial damage to the work. The consulting team and the
City's Building Official identified the need for further testing and developed preliminary
estimates of both the anticipated costs of such tests as well as the likely cost of repair.
Prior to completion of all the necessary testing, and as presented in the table below, on
March 20, 2012 Council was presented with a range of cost estimates based upon likely
possibilities depending on the most probable outcomes of the tests. In addition to
testing, repair and conservation, it was recommended that if the City chose to retain the
sculpture at the site, a landscaped barrier be put in place to limit public access to the
work, particularly climbing by children.
Preliminary estimates
presented to Council 3120112
Low Estimate
High Estimate
Initial Assessment
$20,715
$20,715
Sub -total to date
$20,715
$20,715
Additional testing
$15,870
$20,870
Repair
$64,000
$200,000
Conservation
$52,000
$65,000
Landscaping
$56,000
$80,000
Contingency 10%
$18,787
$36,587
TOTAL
$227,372
$423,172
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Action by the Arts Commission and City Council
The Santa Monica Arts Commission held a special meeting on February 1, 2012 to hear
public testimony and consider the status of Chain Reaction. They considered the
findings to date along with the City's deaccession policy which outlines when a work
may be removed from public display. The Arts Commission voted 10 to 1 in support of
the staff recommendation to deaccession and remove the sculpture. The Commission
also voted to recommend that such action be delayed by six months to allow the family
and community supporters of Chain Reaction a period of time to raise the funds
necessary to repair the work.
On March 20, 2012, the City Council approved the Arts Commission's recommendation
to remove the sculpture, and agreed to delay such action until November 15, 2012, to
allow the family and members of the community time to fundraise for the necessary
repairs. Council further instructed staff to complete the recommended additional testing
of the work.
Landmark Status
The City's Landmarks Commission took action on July 9, 2012 to designate the
sculpture a city landmark, and on November 12, 2012 designated an associated
landmark parcel surrounding the sculpture. Any alteration, restoration, construction,
removal, relocation or demolition of or to the sculpture or its associated landmark parcel
will therefore require review and /or approval by the Landmark Commission pursuant to
a Certificate of Appropriateness. The sculpture is now the City's first landmarked work
of public art. It is no longer part of the City's public art collection as it has been
deaccessioned by the Arts Commission.
Discussion
Council was last updated on the status of the sculpture via an information item on
September 10, 2012. The City Manager and staff met with members of the family, their
attorney and community supporters on September 14th to discuss the status of the work
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and next steps prior to the November 15th deadline. Supporters were informed that due
to the press of City business the item was likely to return to Council in late January or
early February
Status of the Testinq:
The City paid over $61,000 for all of the necessary testing of the work. The City's
Building Official received the final report from the structural engineer in late summer and
issued a memo with his assessment of the findings on September 6, 2012, a copy of
which is attached (attachment A). His recommendation is that in order to address the
long -term safety concerns associated with the work, the dome of the sculpture needs to
be removed and either repaired or replaced.
Revised Cost Estimates
Once the testing was complete, staff met with Peter Carlson, a fine art fabricator who
worked with Paul Conrad to fabricate the original work. Mr. Carlson's firm developed
preliminary estimates for two options to repair or rebuild the work, both of which include
an initial assessment phase (attachment B). It is important to note that these are
preliminary, rough order of magnitude estimates, and Mr. Carlson expressed that until
his firm had completed the initial assessment phase he could not commit to a more
specific estimate. The range for option one (repair) is $270,000 to $300,000 and for
option two (rebuild) is $420,000 to $475,000. The estimates for both of these options
include the costs of an initial assessment phase estimated at $20,000 to $25,000. In
either case the cost is likely to be substantially more than the original cost of the work.
Status of Fundraising Effort s
To date the family and community supporters of the work have approximately $10,000
from contributions and the sale of two of Mr. Conrad's artworks. City staff has been
providing assistance with the fundraising in a variety of ways, primarily by allowing the
use of the Santa Monica Arts Foundation as a fiscal receiver for the project, at no cost.
Typically fiscal receivers charge between 5% and 10% of the funds raised for this
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service. In addition the City has done considerable local outreach to make potential
donors aware of the need, including press releases, listings on various websites, and a
spot on City TV. The community group's fundraising efforts are ongoing and in October
2012 they enlisted the support of a grant writer to assist them in researching and writing
grant applications.
Community Context
At a time when the City has had to pay large sums to the State due to the loss of
redevelopment, modify or defer major capital improvement projects, and continues to
face a long -term budgetary structural imbalance, investing up to $555,000 in public
funds in the rebuilding of a landmark sculpture, including an appropriate barrier, is not a
responsible approach. The Shotgun House offers a relevant example of how such a
project can move forward as a collaboration between the City and the community. The
Santa Monica Conservancy is raising the money to rehabilitate the structure and the
City has covered the costs of the necessary site improvements. Comparably, in the
case of Chain Reaction, the City Manager has committed to recommending to Council
that the City cover the costs of the landscape barrier, estimated at $80,000, if the
community group is successful in raising the necessary funds to rebuild the work.
Use of Art Funding for Repair or Rebuilding
Originally, in deciding to deaccession the work, the Arts Commission considered the
high cost of repairing or rebuilding the work for future generations as one of the deciding
factors. To put the potential cost of these repairs in perspective, City Council allocated
$100,000 in one -time funds in 2008 to assist with major conservation needs for the
City's collection. The funds were used to repair three works: Big Wave, by Tony de
Lap, which is also 20 years old; the installation by Michael Davis in the Public Safety
Facility; and the work by Mauro Staccioli located at the intersection of Pico Blvd and
Ocean Ave. Staff did an analysis of the average amount spent on the care and
maintenance of the City's public art collection over the last four and half years, and the
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combined average, including the special one -time funds was approximately $47,000 a
year.
= Coll ection'Maintenanc6
FY 08-o9 to FY 12 -13'
Year
Regular
Collection
Maintenance
Council Special
Maintenance Fund
1
Total
FY 2008 -09
39,259.36
1,000.00
40,259.36
FY 2009 -10
4,782.41
33,220.05
38,002.46
FY 2010 -11
47,369.62
57,662.50
105,032.12
FY 2011 -12
44,042.38
8,024.72
52,067.10
FY 2012 -13 2
2,078.30
2,078.30
Totals
137,532.07
99,907.27
237,439.34
Notes
(1) One -time City Council allocation.
(2) Partial fiscal year expenditures from 711112 to 12131112.
In addition, overall funding for public art has been substantially impacted by the loss of
Redevelopment and the limited number of capital improvement projects that the City is
moving forward with at this time. The entire public art allocation in the City's FY 12/13
Capital Improvement program was $161,194.
Another point of comparison in regard to the overall cost to repair or rebuild Chain
Reaction, is the amount the City allocates on an annually basis to support grant
programs to artists and arts organizations, which in FY 12/13 was approximately
$390,000. With limited arts funds available, the investment required to repair or rebuild
the sculpture continues to be disproportionate in relation to overall community cultural
funding priorities. Further, the work has been formally deaccessioned according to the
City's policies and procedures, in part due to the high cost to repair.
Funds deposited by developers into the City's Cultural Trust Fund pursuant to the
Developer Cultural Arts requirement can be used for the restoration of works of art, as
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well as other community cultural priorities identified in the cultural plan, from grants to
special events such as Glow, and other artistic or cultural uses recommended by the
Arts Commission. The current balance in the Cultural Trust Fund is $174,433. A
portion, or all of this amount could be allocated to partially offset the cost of repairing or
rebuilding of Chain Reaction, however this would impact other community cultural
priorities going forward. Nonetheless staff is recommending that up to $85,000 of this
fund be set aside to assist in community fundraising efforts by providing the possibility
of a dollar for dollar match. It is recommended that these funds only be released if and
when community fundraising efforts successfully raised the amount needed to rebuild
the sculpture and a contract to proceed with the work was to move forward.
Repair versus Rebuilding
If the City were to invest considerable funds in Chain Reaction, the more costly rebuild
option needs be pursued both from a public safety perspective and as it would ensure
the work's future for a greater period of time. The engineers' report clearly shows that
the longevity of the fiberglass shell is a key issue, particularly in the area of the top of
the 'mushroom' cloud or dome. Further, the City's Building Official states that for safety
reasons the fiberglass covering of the dome, including the base lath mesh needs to be
replaced.
The issue is complicated by the fact that the kind of major alterations to the work which
would be necessary during rebuilding, such as the recreation of the 'cloud' portion of the
sculpture, could render the work essentially false. This is due to the fact that the artist is
not available to participate in the process, in particular the laying of the chains that finish
the piece, an aspect of the work on which Paul Conrad spent a great deal of time.
These are considerations of considerable importance when it comes to a work of art,
and it is one of the reasons that City staff felt working with Peter Carlson made sense,
since as the original fabricator he had worked very closely with the artist on key
decisions and has a unique understanding of the piece. It is however not clear how
these concerns apply in relation to a designated landmark, whose repair or rebuilding
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would need to be governed by the standards established by the Secretary of the
Interior.
Ultimately, if the community group is successful in raising the necessary funds, the
rebuilding of the sculpture will present complex challenges, which have been
compounded by its landmark status, and which staff will need to explore in conjunction
with engineers, conservators, historic preservation specialists, and specialized
fabricators. The City would most likely issue a RFP at that point for qualified teams to
bid on the work.
Commission Action
An update on the status of Chain Reaction was presented to the Arts Commission on
January 17, 2013. The Commission was asked if they would recommend setting aside
almost 50% of the monies currently available in the Cultural Trust Fund, for the
rebuilding of the work. Due to the date of the Arts Commission meeting, staff will
provide Council with an oral update on any action taken at their meeting.
Alternatives
There are several alternatives City Council might choose to pursue:
Alternative 1: City Council could direct staff to initiate the required process to remove
the landmarked sculpture by Paul Conrad, Chain Reaction, including applying to the
Landmarks Commission for a certificate of appropriateness and ensuring compliance
with CEQA.
Alternative 2: City Council could reprioritize the funds necessary for the repair or
complete rebuilding of the work from other City projects and initiatives and allocate them
to Chain Reaction. Estimate: $350,000 to $380,000 to repair (including removal and
assessment of the 'cloud' portion of the sculpture) or $500,000 to $555,000 to rebuild.
In addition to the costs of repair or rebuilding, these amounts include the estimated
$80,000 needed to develop a landscape barrier for the work.
Financial Impacts & Budget Actions
If City Council were to support the staff recommendation to patch, secure the sculpture
per the Building Official's recommendations, and wait one year, funding is available in
the FY 2012/13 budget for the Cultural Affairs Division to cover the estimated $10,000
to $20,000 cost in account 01560.555060. If community efforts successfully raise the
amount needed to rebuild the sculpture and a contract to proceed with the work was to
move forward, a one -time dollar for dollar match in the amount of $85,000 would be
provided from the Cultural Trust Fund.
Should staff be directed to pursue Alternative 1, proceed with the documentation and
removal of the work; funds to cover the associated estimated costs of up to $30,000 are
available in the FY 2012/13 budget for the Cultural Affairs Division. The costs
associated with this recommendation will be charged to 01560.555060. If Council were
to choose to pursue Alternative 2 (repair or rebuild), Council action would be required to
appropriate funding in an amount not to exceed $555,000 to account C010081.589000
for the repair or rebuilding of the sculpture and the provision of a landscape barrier.
Such funds would need to be reprioritized from other City projects and commitments.
Prepared by: Jessica Cusick, Cultural Affairs Manager
Approved:
ke,�_ at�4��—
Karen Ginsberg
Director, Community & ultur I Services
Forwarded to Council:
Rod Gould
City Manager
Attachments:
Attachment A — Building official memo regarding Chain Reaction
Attachment B — Preliminary estimate from Carlson Arts, LLC
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To: Rod Gould, City Manager {i
From: Eton Takiguchl, Building Officer, PCD
Date: 09/06/2012 lV
Re: Assessment of Chain Reaction Sculpture
�t
The attached Chain Reaction sculpture report by the structural engineering consultant Mr. Melvyn Green
contains recommendations for Its preservation as an art work and recommendations for its repair to
extend the life of the sculpture. The report also contains analyses of the sculpture in Its current condition
and analyses at a projected ten -year mark. This memo reforences the consultant's analysis and provides
my official recommendation for protection of public safety as the City's Building officer.
Following the consultant's review of the basic calculations, test data, and reports, the consultant
stated "that the sculpture Is not an imminent hazard nor should It be considered dangerous."
Additionally, he stated that "We analyzed the structure under current building code loads and found
that it remains compliant with current standards," However, throughout the report, the consultant
provides statements regarding unknown and indeterminate factors of the structural safety of the
sculpture. These Include concerns for welds In the mushroom dome, deterioration of the fiberglass
and Its load capabilities, rust treatment and prevention, and repair for longevity considerations,
The primary unknown element of the sculpture is a major structural connection found within the
mushroom dome of the sculpture. This connection is identified in the consultant's report as Figure 1 and
shows welded connections to the majorsteel framing of the dome. This connection is critical due to the
dependence of the dome's weight, wind and seismic resistance on this connection, Since the last phase
of forensic testing could not adequately access this connection, the Integrity of this critical connection
remains unknown. Full safety determination of this connection will require access to this connection.
The factor that is Indeterminate Is the level of safety affecting the fiberglass covering, particularly at the
dome of the sculpture In which the report states that "the flexibility, or brittleness, showed a significant
loss due to ultra- vloiet." The report states that "flexural strength Is not significant ", but adds "However
the loss of flexural strength Indicates a deterioration of the fiberglass." The report goes on to say that
"the concern would be that the rate of deterioration of the fiberglass will accelerate and will eventually
lead to a failure, Failure could be tearing or cracking under Its self weight as well as wind or earthquake
loads."
The following are my recommendations based on the consultant's analysis and findings of the
sculpture's current condition and at a projected ten -year mark.
Recommended measures to address immediate safet ny eeds
considering the consultants statement that the screw fasteners holding the copper chain links
"appears adequate but there needs limited access to prevent climbing. ", I recommend a barrier be
placed around the sculpture to prevent public access to the sculpture. Further, given the unknown
September 13, 2012
Jessica Cusick.
Cultural Affairs Manager
City of Santa Monica
Jessica,C us is k @SM GOV. NET
Re: Chain Reaction Sculpture
Dear Jessica,
We have reviewed Ron Taklguchi, Building Officers and GREEN's assessment reports and have
prepared a ROM estimate for two approaches for restoration of the Sculpture, Roth approaches
Include removal of the top portion of the sculpture for repair. With either approach, we would
need to perform a Phase One Study, which would Include methodology 1 technique
development and trial of manufacturing techniques, producing samples for testing and review.
This initial phase Is estimated at $20,000 to $25,000.00.
Approach #1
A. Removal of the dome from Its mounting stem to allow access, analysis, maintenance,
repair and replacement of key elements,
B. Analysis the welded plates and connections to determine their adequacy.
C. Maintenance of the steel structural members and steel top that exhibit corrosion.
Maintenance will be in the form of rust removal, prep and protective coating,
D. Selective reattachment of brass links from the exterior only.
Approach #1, Estimated cost: $250,000.00 to $275,000.000
Approach #2
A. Removal of entire sculpture, re- fabrication of the exterior portion of the sculpture for
long -term conservation and to achieve the original artist aesthetic level.
Approach #2, Estimated cost: $400,000.00 to $450,000.00
Should you have any questions, please contact me at (8 18) 767 -1500.
Best,
Peter Carlson
Cc: lave conrad@earthlink nel
11230 PEORIA STREET
SUN VALLEY, CALIFORNIA 41352
T 818 767.1500
F 818 767.1551