HomeMy WebLinkAbout2012-05-22; City Council; 20901; Approval to Deaccession Artwork from Public Art CollectionCITY OF CARLSBAD - AGENDA BILL
DEPT. DIRECTOR ^
CITY ATTORNEY
CITY MANAGER (j^-^
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DEPT.
20,901
5/22/12.
Library &
Cultural
Arts
APPROVAL TO DEACCESSION
ARTWORK FROM PUBLIC ART
COLLECTION
RECOMMENDED ACTION:
Adopt Resolution No. 2012-113 to deaccession Ellen Ziegler's artwork entitled l/l/HO
WHAT l/l/HYHOlVfrom the City's Public Art Collection.
ITEM EXPLANATION:
The artwork by Ellen Ziegler entitled WHO WHAT l/l/HYHOl/1/(aka "Reflecting Pool") is a site-
specific piece located in the courtyard ofthe Carisbad City Library complex at 1775 Dove Lane.
The main component ofthe artwork is a large granite boulder approximately 12'4" long by 5'6"
wide by 2'6" high. The boulder has a circular basin at the top end that is designed to continually
fill with water to a height of nine inches and spill over and down the length ofthe rock in rivulets.
Etched inside the boulder basin are the words "WHO, WHAT, WHY, HOW" which are intended
by the artist to be both questions and answers, reflected by the water in the fountain.
Approved by City Council in 1997 (Resolution 97-549) and installed in 1998, the work was one
of three public art projects commissioned for the new library complex and brought to fruition
following the city's public art process. The artist worked with architect Richard Cardwell of
Cardwell/McGraw Architects in San Diego to site the work in the library's entryway area. Per a
1992 memo, the architects included all necessary attachments, hardware and electrical to
accommodate the artwork in the architectural plans, with the mechanical hardware for the
work's fountain component located beneath the plaza pavers.
For several years now, the water feature of the work has not been functional, despite regular
maintenance efforts by the city's staff and consultants. This malfunction, along with other
conditions that lead to the work's ongoing need for repair, were professionally confirmed in
writing in April 2008, when the Sculpture Conservation Studio of Los Angeles was hired as a
consultant to carry out a conservation assessment of all the works in the City's Public Art
Collection.
With the water feature still not working and stains having accumulated on the artwork, a city
team (Peter Gordon, Cultural Arts Manager; Karen McGuire, Curator of Exhibitions for the
William D. Cannon Art Gallery; and Dave Curtis, Deputy Library Director) was convened in July
Department Contact: Peter Gordon, Cultural Arts Manager 760-434-2921
peter.gordon(g),carisbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
Page 2
2010 to evaluate the status ofthe artwork. After much research and deliberation, the team
recommended that the work be deaccessioned - that is, permanently removed from display and
from the City's Public Art Collection - for the following reasons:
1. The work in its current condition no longer represents the work as the artist originally
intended and as it was accessioned into the collection.
Following two examinations of the work by the Sculpture Conservation Studio of Los
Angeles, in April 2008 and in November 2010, it was noted: "While the boulder is
structurally sound and stable, the intent ofthe piece has been compromised in several
ways." The report goes on to list issues such as the water feature no longer working, the
incised lettering in the bowl no longer readable because of erosion, oil and gum stains,
heavy mineral deposits on the bronze grate, stone loss, and dirt embedded on all surfaces.
The report also notes that debris from nearby trees and bird waste accumulates during the
dry season, while poor drainage results in stagnant water during the rainy season.
2. Unintended public interaction of the artwork is greater than anticipated.
According to the Sculpture Conservation Studio reports, "the heavy flow of children has
caused elements to be ruined and it is potentially hazardous to have children playing on it."
Fortunately, to date the Library has no reported injuries from anyone playing on the
sculpture.
3. The cost to repair and restore the work, coupled with the cost of its ongoing maintenance, is
excessive in relation to the original cost of the work.
Costs to repair the water element and to restore the work to its original aesthetic condition
total $19,300. Ongoing cleaning and maintenance costs are estimated at $1,500 each year,
due in large part to the situations identified in items #1 and #2 above, especially the
accumulation of dead leaves in the fountain from the nearby oak tree, and oil and stain
residues continuously building up on the work's surface due to its heavy use as a seating
place for adults and playground area for children. The original cost of the work was
$62,500.
Following procedures outlined in the "Request for Removal or Relocation of Artworks in the Public
Art Collection," a document which was approved by the Carlsbad Arts Commission on
December 3, 2009, the team then took the following steps:
• On January 26, 2012, the proposal to deaccession Ellen Ziegler's work was presented to the
Acquisitions Advisory Committee, a sub-committee of the Carisbad Arts Commission
composed of two arts commissioners, area arts professionals and community leaders, for
consideration. This committee agreed unanimously, 6-0, with the goal team's proposal to
deaccession the work, and their recommendation then went fonA/ard to the Carisbad Arts
Commission.
• On February 2, 2012, the Arts Commission voted unanimously, 6-0, to accept the proposal
to deaccession Ellen Ziegler's artwork entitled WHO WHAT l/l/HY HOl/1/from the City's
Public Art Collection and to send its recommendation fonA/ard to the City Council.
Page 3
• On February 14, 2012, staff informed the artist, Ellen Ziegler, by U.S. mail and email that a
proposal to deaccession her artwork located at the Carisbad City Library courtyard would
be moving fonA/ard for consideration by the Carisbad City Council.
Staff also confirms that the deaccessioning act proposed in this case is valid under state and
federal laws. On May 5, 1992, the artist and the City entered into an Amendment to the
Agreement of February 5, 1991, wherein the artist waived any and all rights she may have
under the provisions of the "California Art Preservation Act" (Civil Code §987 et seq.) or the
"Visual Artists' Rights Act of 1990" (17 U.S.C. §101 et seq.).
If Council approves the proposal to deaccession, staff will follow best practices in the fleld for
deaccessioning an art work, including, but not limited to, offering the work back to the artist at
market rate, selling it, lending or trading it to another institution or city, relocating and
repurposing it as a landscape element, or destroying it.
FISCAL IMPACT:
The cost to remove Ellen Ziegler's artwork from the Carisbad City Library courtyard and from
the City's Public Art Collection is estimated at $8,800. Funds are available in the Library &
Cultural Arts FY 2011-12 operating budget to support the recommendation.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
EXHIBITS:
1. Resolution No. 2012-113 to deaccession Ellen Ziegler's artwork entitled WHO WHAT
l/l/HY HOlVfrom the City's Public Art Collection.
1 RESOLUTION NO. 2012-113
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE
^ DEACCESSIONING OF ELLEN ZIEGLER'S ARTWORK
ENTITLED WHO WHAT WHY HOW FROM THE CITY'S
PUBLIC ART COLLECTION
WHEREAS, the City Council of Carisbad, California approved the public artwork
entitled WHO WHAT l/VHY HOl/1/(aka "Reflecting Pool") by Ellen Ziegler via Resolution
No. 97-549 in 1997; and
WHEREAS, the artwork was installed in the courtyard of the Carisbad City
10 Library in 1998; and
11 WHEREAS, a team of city staff was convened in 2010 to determine the status of
12 the artwork and after much research and deliberation, recommended that the work be
1^ deaccessioned from the City's Public Art Collection; and
WHEREAS, the proposal to deaccession was agreed to unanimously, 6-0, by the
Acquisitions Advisory Committee, a sub-committee of the Carisbad Arts Commission,
on January 26, 2012; and
WHEREAS, the proposal to deaccession was agreed to unanimously, 6-0, by the
Carlsbad Arts Commission on February 2, 2012; and
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20 WHEREAS, the artist entered into an Amendment with the City on May 5, 1992,
21 waiving any and all rights she may have under the provisions of the "California Art
22 Preservation Act" (Civil Code §987 et seq.) or the "Visual Artists' Rights Act of 1990" (17
23 U.S.C. §101 etseq.); and
WHEREAS funds are available in the Library and Cultural Arts FY 2011-12
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operating budget to cover the estimated $8,800 costs of removal;
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
2 Carisbad, California, as follows that:
1. The above recitations are true and correct.
2. Ellen Ziegler's artwork entitled WHO WHAT WHY HOW (aka "Reflecting
Pool") is deaccessioned from the City's Public Art Collection.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 22""^ day of May, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MAT
ATTEST:
Karen Kundtz
From:
Sent:
To:
Cc:
Subject:
Lisa Hildabrand
Tuesday May 22, 2012 8:17 AM
Council Archive
Lorraine Wood; Karen Kundtz; Ron Ball
FW: Agenda bill #3
From: Heather Pizzuto
Sent: Monday, May 21, 2012 5:42 PM
To: Lisa Hildabrand
Cc: John Coates; Peter Gordon
Subject: RE: Agenda bill # 3
Hi, Lisa:
Our main focus has been on addressing the issues with the artwork. The preliminary thought is that the courtyard can
be further used for community gathering. Currently it acts as a spillover for some auditorium and meeting room events,
in conjunction with public bookings as well as library and cultural arts programs. We will be thoughtful in processing
concepts for future use, so as not to introduce other issues such as noise spilling from the courtyard to the adjacent
meeting spaces and into the library. And we'll need to ensure our policies for community use of the courtyard would be
coordinated with the current meeting facilities policy that governs the auditorium and meeting room.
Minor repairs to the area vacated by the fountain will be accomplished immediately after removal, using the granite
pavers we saved when the front curb was moditied to improve safety about two years ago.
Please let me know if I can answer any further questions.
From: Lisa Hildabrand
Sent: Monday, May 21, 2012 11:38 AM
To: Heather Pizzuto
Cc: John Coates
Subject: Agenda bill # 3
Hi Heather-
Can you let me know what the plans are for the courtyard at the library once the artwork is gone? Thanks.
Lisa
Date: S/M//'^
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