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R-6837 e ~ CA:RMM:rmmural City Counc21 Meet1ng 2-28-84 Santa Monica, California RESOLUTION NUMBER 6837(CCS) (C~ty Councll Ser1es) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING STANDARDS AND PROCEDURES FOR PUBLIC MURALS WHEREAS, the C~ty Counc11 of the C~ty of Santa Monica has establlshed an Arts Commission to carry out certain specified purposes; and WHEREAS, the Arts Commisslons has recommended that the City Council of the City of Santa Monica adopt Standards and Procedures for Public Murals and WHEREAS, the Standards and Procedures for Public Murals prepared by the Arts Comrn1ssion will enr1ch the lives of all res1dents 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 Public Murals attached hereto are hereby adopted. 1 . . SECTION 2 The C1ty Clerk shall cert~fy to the adopt1on of th~s Resolut10n, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM. ~"'T.- Robert M. Myers City Attorney 2 . . CITY OF SANTA MONICA STANDARDS AND PROCEDURES FOR PUBLIC MURALS Adopted by Resolut~on Number6~ {CCS} . . 1. Statement of Purpose;:. Pursuant to Mun1cipal Code Sect~on 2930 et seq., the Arts Commiss~on of the City of Santa Mon~ca has beed established by the C1ty Counc11. The C1ty Counc~l has found and declared: (a) The l~ves of c1t1zens of the C1ty can be enriched by exposure to art 1n its var10us forms. (b) Recogn~zing and encourag1ng the arts is a bas~c service of local government. (c) Innovat~ve programs for ensur1ng art1st1c express10n ~n the City must be developed. (d) The creat~on of an Arts Commission w1l1 ensure regular and ongo~ng assessment of art programs In the City. (Munl.Cl.pal Code Section 2930.) The purpose of these Standards and Procedures for Publ~c Murals is to encourage and promote pub11C murals in the C1ty of Santa Mon~ca in furtherance of the find~ngs and declarat10n of the C1ty Council. 2. Scope. These Standards and Procedures for Publl.c Murals shall apply only to murals on public property of the Cl.ty of Santa Mon~ca. 3. fnventory of Publlc Property Suitable for Murals. The Arts Comm~ss~on shall prepare and from time to time update an ~nventory of public property suitable for murals and shall SUbrn1t such lnventory to the C1ty Council for its rev~ew and approval. 1 . . The ~nventory shall cons1st of the location of the property, the department of the City having control of the property, the phys~cal descr~ption of the property, and such other informatlon deemed appropriate by the Arts Commlss~on. 4. Proposal for Publ~c Mural. Any person (herelnafter "Art1st") may subm~t a proposal to the Arts Commission for a publ~c mural on property 1dent1fied in the inventory prepared and approved 1n accordance with Sect~on 3. The proposal shall 1nclude: (a) An 8" x 10" black and white photograph of the wallar other surface for wh1ch the mural 1S proposed. (b) An accurate color sketch of the proposed mural scaled at 1" to 1', (c) Ten color sl~des of the Artist's past work. (d) The Art~st's resume. (e) A budget for the proposed mural and funding sources. 5. Select~on Comm1ttee. The Arts Comm1ss1on shall appo1nt a Stand~ng Select~on committee to reVlew all proposals for publ~c murals. Members of the Selectlon Comm1ttee shall serve one year terms. A ma]Orlty of the Selection Comm~ttee shall be residents of the City of Santa Mon1ca and shall conslst of the followlng: (a) One art~st. (b) One resident of the C1ty of Santa Mon~ca who 1S not an art professional. (c) One person who archltect, fundralser, or writer. 1S a curator, designer, 2 . . The Cha1rperson of the Arts Commiss~on shall appoint one of its members to serve as a nonvot1ng member of the Select~on Committee. In additlon, the Arts Commission may appoint up to three techn1cal adv1sors to assist the Selection Committee but who shall not be ent1tled to vote. 6. Selectlon Process. The Select10n Comm1ttee shall establish a schedule for reV1ew of proposals for publlC murals. The Selection Comm~ttee shall estab11sh two dead11nes each year for the submittal of proposals. The Selectlon Commlttee shall only review proposals filed prior to the applicable deadline date. The Selection Commlttee's schedule shall be widely pub11c1zed in the Clty. 7. Approval of Proposal by Select~on Select~on Committee shall approve a proposal meets the following: (a) Aesthet~c mer1t. (b) Approprlateness to site. (c) FeSlbllity. If the Selectlon Commlttee does not approve the proposal ~n concept, the Artlst may appeal the dec~sion to the Arts CommiSSlon. committee. The ~n concept if it The Selection Committee shall give final approval to the proposal upon f~nd~ng: (a) Commun~ty support for the proposal. (b) Written eVldence of f1nancial support for the proposal. 3 . . Upon g1v~ng f1nal approval to a proposal, the Selection Comm1ttee shall forward ~ts recommendat1on concerning the proJect. The Select10n Comm1ttee's recommendation shall conta1n the follow1ng: (a) A descript10n of the proposal. (b) The reasons for g1ving f1nal approval to the proposal. (c) Whether or not the Select~on Committee recommends that the Arts Commiss1on prov1de full or partial f~nanC1al support, technical ass1stance, or no f1nanclal support or techn1cal support. 7. Approval by Arts Commiss10n. The Arts Commisslon shall approve, deny, or modify the recommendation of the Select~on Committee. Any decis10n of the Arts Commission may be appealed to the C1ty Counc1l 1n accordance with Mun1cipal Code Section 2935. 8. Contract. Upon f1nal approval of a proposal by the Arts Commiss1on, or C~ty Council ~n the event of an appeal, a contract shall be entered into w~th the Art1st. The contract shall conta1n: (a) The date for complet10n of the mural. (b) Provis~ons under which the Arts Commission may approve extens10ns for complet1on and the maX1mum t1me per10d for any extens10n. (c) Termination of the contract in the event the mural 1S not t1mely completed. 4 . e (d) Prov~s1ons requ1r~ng approval of the Arts Commiss1on for any substant1al dev~ation from the approved proposal, 1ncluding a prov1s10n that the Arts Commission may requ1re a new proposal 1n the event of a substant1al deviat~on from the approved proposal. (e) PrOVlS10ns for 1nsurance. (The Arts Commiss1on may provide for the payment of insurance as part of ~ts financial support.) (f) PrOV~S1ons for copyright. The Artlst and the C~ty shall ]olntly hold the copyrlght. The contract shall prov~de that the Artist may reproduce the work subject the C1ty rece~v1ng a percentage of the net proceeds from the reproduct~on. The C1ty may reproduce the work subJect to the Art~st receiving a percentage of the net proceeds from the reproduct1on. The amount of the percentages shall be determ1ned by the Arts CommiSS1on and be based upon the amount of fLnanc1al support provided by the Arts Commisslon. (g) Prov1sions for h1gh quality materials to ensure the longest poss1ble life of the mural and coatlng of the mural with ant~-graff~t~ coat~ng. (h) Prov1s1ons giv1ng the Art1st the right to make any repa1rS or restorations. The C1ty shall reta~n the right to make repalrs and restorations 1n the event the Art1st refuses to makes repalrs at the request of the City and for a reasonable fee. (i) A waiver by the Artist of the prov~s~ons of the civ11 Code Section 987. 5 . e (J) provis~ons whereby the City agrees not to intent10nally destroy, alter, mOd1fy, or change the mural during the per10d that the City devotes the property to its current use. Th~s prov1sion shall not prevent the City from destroying, alter~ng, mod1fying, or chang1ng the mural 1n the event necessary to effectuate any mod1ficat1on, improvement, or renovation of the property on wh~ch the mural is located. (k) Prov1sions that in the event of an alterat10n, mod1ficat10n, or change in the mural, the mural w11l no longer be represented to be the work of the Artist without h~s or her wr1tten consent. (CA:RMM:rmmural) 6 e . ADOPTED AND APPROVED THIS 28th DAY OF February , 1984. (~~~~!5 MAYOR I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION NO. 6837(CCS~.WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF SANTA MONICA AT A MEETING THEREOF HELD ON February 28 , 1984 BY THE FOLLOWING COUNCIL VOTE: AYES: COUNCILMEMBERS: Conn, Epste~n, Jennings, press, Zane and Mayor Edwards NOES: COUNCIlMEMBERS: None ABSENT: COUNCIlMEMBERS: ~one ABSTAIN: COUNCIlMEMBERS: Reed ATTEST: avrl )?7~ CITY CLERK