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HomeMy WebLinkAboutDeaccession - 2 Ceramic Mosiac BenchesCITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT •.- STAFF REPORT REQUEST: AUTHORIZATION TO BENCHES CREATED YATES. SUBMITTED BY: DATE: DEACCESSION TWO CERAMIC MOSAIC FOR PALMA VILLAGE PARK BY DEBRA Deborah L. Schwartz, Public Art Coordinator June 13, 2013 CONTENTS: Images of Bench #1 and Bench #2 Deaccessioning Policy Deaccessioning/Relocating Worksheet Recommendation By Minute Motion, approve deaccessioning two ceramic mosaic benches created for Palma Village Park by Debra Yates. Commission Recommendation At its regularly scheduled meeting of May 15, 2013, the Art in Public Places (AIPP) Commission unanimously recommended that the benches by Debra Yates commissioned for Palma Village Park be deaccessioned and disposed of. Executive Summary In November 2006, two ceramic mosaic benches by Debra Yates were installed at Palma Village Park, located on De Anza Way and San Carlos Avenue. She was paid $12,000 for the commission. In February 2007, the benches were removed from their current location due to deterioration from the construction, use by skateboarders, and weather conditions. One of the benches was placed in front of CODA Gallery, and the other bench was moved to the Community Rose Garden in Civic Center Park where it was more likely to get less usage by skateboarders. In July 2008, both benches were removed from their locations due to continuous deterioration and were subsequently moved to the City's Corporation Yard, where both have since remained. The City is currently in the process of cleaning up its Corporation Yard and has asked that the benches be removed. The benches are in a state of major deterioration, due primarily to the plywood substructure on which the ceramic mosaic pieces are applied, and staff feels they are beyond repair. Staff is recommending that the benches be disposed of. In order to legally dispose of artwork, federal and state laws need to be adhered to. Additionally, the City has a Deaccessioning Policy that dictates that the arlwork must be offered back to the artist at her Staff Report Debra Yates Benches Page 2 of 3 June 13, 2013 expense before it can be disposed of. In order to do this, the artist must be contacted in writing and given thirty (30) days to respond to the City's request before the proposed deaccessioning is brought before the Art in Public Places Commission for recommendation to City Council, who will make the final decision. The artist, Debra Yates, was contacted regarding the disposal of the benches via Certified Mail on April 5, 2013, and signed the Certified Mail Receipt on April 9, 2013, verifying that the letter had been received. The thirty day time period for the artist to decide if she would like to purchase the artwork back from the City has expired and she has not contacted the City. Therefore, staff has moved forward with the deaccessioning process. Fiscal Analvsis There is no fiscal impact. Submitted by: � Deborah L. Schwartz, Public Art Coordinator Department Head: ,--� `-�. �/' --` ---�'� �-..,-� �� Lauri Aylaian, Director of Community [�uelepm�ent Approval: Jo M. Wohlmuth, City Manager CITY COUNCILACTION APPROVF.D � I)�',NIED RECEtVEU O'TH Eit MEET[NG DATE �O-i3-aoi3 AY[;S: �en5c�n�,S..T ie�a�,�a��.r)P�b�� -�l�t/"n�'� NOES: �one AI3SENT: n1anP_ ABSTA[N: �o� � VERIF[ED BY: � �� � r� Origin€►! on File with City Clerk's Z�ffice City Of Palm Desert Public Art Deaccessioning Policy POLICY Although the City of Palm Desert would like its public art to remain in situ for a minimum of 15 years (although 15 years is not a limit on the life of an artwork), it recognizes that public artwork is not necessarily going to remain there in perpetuity. Deaccessioning is the formal process by which objects are permanently removed from the Art in Public Places collection through transfer, donation, loss, sale, or involuntary destruction. Adverse public opinion does not justify the relocation or removal of permanently installed artwork. The consideration for deaccessioning a work of art shall involve the same degree of careful review as a decision to commission or purchase a work of art. All deaccessioning procedures must be in compliance with the Federal Visual Artists Rights Act (VARA). ELIGIBLE ARTWORK All artwork acquired through the Art in Public Places Program or through donation are eligible. In the case of donated artwork, all legal documents surrounding the donation must be reviewed and a legal opinion rendered by the City Attorney before proceeding with the deaccessioning process. CRITERIA FOR DEACCESSIONING: 1. The artwork has been damaged or deteriorated, and is deemed as not being cost effective to repair. 2. The condition or security of the artwork cannot be reasonably guaranteed. 3. In the case of site-specific artwork, the artwork is destroyed by severely altering its relationship to the site. 4. Due to unforeseen causes the artwork has become potentially hazardous to the public. 5. The owner is no longer able to continue to properly maintain, preserve or care for the work. 6. The owner desires to change the use of the p.roperty on which the artwork is located, and the artwork therefore becomes an obstacle. 7. The work has been found to have been falsely documented, decried or attributed and/or to be a forgery. SEQUENCE OF ACTION 1. The Art in Public Places staff/artwork owner will make reasonable effort to notify and consult with any living artist(s) whose work is being considered for deaccessioning as to the best procedure for the removal of the work. The City must allow the artist(s) 30 days to respond. 2. In the case that the artist(s) have deceased, their estate should be contacted. 3. The artist(s) should be given the first rights of purchase. If the artist(s) decide to purchase the work, s/he/they will be responsible for the cost of the removal of the work from the current site. If the artist(s) have deceased the legal heir(s) will have first rights of purchase. If it is a City project, the artist(s) can purchase the artwork at the original commission price. 4. For City projects, after communicating with the artist(s), City staff will contact the City Attorney with its plans for how to proceed with the deaccessioning. 5. Once approved by the City Attorney, City staff/artwork owner needs to fill out the appropriate Deaccessioning Worksheet. 6. From this worksheet, City staff will write a staff report addressing the proposed removal of the artwork. Included in the staff report should be the following: a. The reason for the deaccessioning of the artwork. b. Cost of removal. c. If appropriate, record of independent assessment and valuation of the artwork. d. Record of the communications with the artist(s). e. Suggested method of removal (demolition, donation, sale, etc.) f. Original cost of artwork. g. If appropriate, current fair market value of the work. 7. The staff report will then be put on the Art in Public Places Commission's agenda for a regularly scheduled meeting, where it will be reviewed and voted on. 8. If the Art in Public Places Commission approves the deaccession, City staff will bring the staff report before City Council for review and action. 9. After approval, all records need to be updated to reflect the deaccessioning of the work. 10. The deaccessioning process should be documented in both written and visual form. 11. If a City owned artwork is sold, proceeds should be deposited into the Art in Public Places fund. If a private developer piece is sold, the funds must be used to purchase a replacement work of art. 12. If a privately owned work is deaccessioned, the artwork owner has ninety (90) days to install a new, approved piece at the same location. If the new work is not installed within ninety days of the removal of the original piece, then the City has the right to revoke the location's Certificate of Occupancy permit. If the owner anticipates the need for longer than ninety days s/he must petition the City for an e�ension before the 90 days expire. 13. All expenses related to the deaccessioning of a privately owned work of art are the responsibility of the artwork owner. 14. if it is a privately owned artwork, the owner must notify the Public Arts Manager when the deaccessioning process is complete. 15. If it is a City owned artwork, the City's Risk Manager must be notified so that the work can be taken off the City's insurance policy. DEACCESSIONING METHOD OPTIONS 1. If appropriate, every effort should be made to move the work to a new location (see the City of Palm Desert Public Art Relocation Policy). 2. Sell or trade of work either through auction, gallery resale or direct sale and put funds back into the Art in Public Places Fund. 3. Put the work in storage until a new, appropriate location can be found. 4. Donate work to a school, an educational or non-profit organization. 5. Dispose of work in an appropriate manner. 2 5/23/13 City of Palm Desert Public Art Deaccessioning/Relocating Worksheet Artist: Debra Yates Title: Ceramic Benches for Palma Villaae Park Artwork commission location: Palma Villaae Neiahborhood Park Current location of work: Palm Desert Corporation Yard Date artist was contacted: March 28. 2013 Artist Address: 1205 Van Phister Street. Kev West, Florida 33043 How was artist notified: Certified letter on aqril 5. 2013. which was sianed as received on Aqril 9. 2013 Artist response received: yes (include date) no x Year commissioned/purchased: 2006 Commission amount: $12.000 f$6.000 qer. bench - 2) Dimensions: Height: Width: Depth: Weight: Estimated current fair market value: $0 due to the benches' disrepair Source of estimation: Public Art Coordinator Proposed deaccession reviewed by City Attorney: Yes: X— 3/27/13 No: Detailed reason for deaccessioning object: The benches are both in comqlete disreqair and cannot be reaaired. Proposed deaccessioning method: Disaosal Condition: Excellent Good Fair X Poor Maintenance evaluation: See attached imaaes. Staff Report Debra Yates Benches Page 3 of 3 June 13, 2013 BENCH #1 (April 2013) BENCH #2 (April 2013)