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HomeMy WebLinkAbout2021-03-16; City Council; ; Expansion of the Parks & Recreation Department Memorial ProgramMeeting Date: Mar. 16, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 760-434-2941 Subject: Expansion of the Parks & Recreation Department Memorial Program District: All Recommended Action Adopt a resolution approving the expansion of the City Council adopted Parks & Recreation Department Memorial Program and appropriating $40,000 from the General Fund to the Parks Maintenance Operating Budget in the current fiscal year 2020-21. Executive Summary On Aug. 25, 2020, the City Council approved a minute motion for staff to bring back the adopted Parks & Recreation Department Memorial Program for council review and potential action. On Oct. 13, 2020, the City Council received a staff report and presentation regarding that program (Exhibit 2). At the conclusion of the presentation, the council approved a minute motion directing staff to work on expanding the memorial program to include more geographic areas, such as the beach entry points along Ocean Street, to allow for non-tree and non-bench related items – for example, sculptures – and to also allow for inflation for the Consumer Price Index increase (Exhibit 3). Staff completed the requisite exploratory work and is proposing an expansion of the memorial program for the City Council’s consideration. Staff recommends approval of full set of options of geographic areas, memorial items and donation dollar amounts for items provided in the proposed expansion of the memorial program. The City Council may, however, select any combination of the options and direct staff to expand the memorial program accordingly. Discussion Background In keeping with the City Council direction received on Oct. 13, 2020, staff is proposing an expansion of the memorial program, which includes: •More geographic areas available for donated memorial items •Additional items to be donated, including non-tree and non-bench items •Inflationary increases on the dollar amounts to be donated for the items Staff recommends making an expanded program effective starting next fiscal year, July 1, 2021. CA Review AF March 16, 2021 Item #10 Page 1 of 76 More geographic areas for donated memorial items As noted in the Oct. 13 staff report, the memorial program has been implemented in city parks across the city, but it has not been expanded beyond those areas. In response to the City Council’s request to provide more areas for donated memorial items to be placed, staff recommends expanding the memorial program to all city-owned or controlled preserves, trails, beach accesses, facility landscapes and street rights of way. The precise placement of the donated amenities within these areas would remain at the discretion of the Parks & Recreation Department staff, in consultation with the individual donors. Additional memorial items to be donated As noted in the Oct. 13 staff report, the memorial program has been implemented with various species of trees and with concrete benches, but it has not been expanded beyond those items. In response to the City Council’s request to allow for additional donated memorial items, staff recommends expanding the memorial program to include the following items that would potentially appeal to larger set of interests and experiences: Copenhagen benches The Copenhagen benches consist of 6.5-foot-long black cast-iron frames and ipe hardwood slat construction (Exhibit 4). Inscribed bronze plaque could be installed within the mounting surfaces or adjacent walls. Copenhagen benches are currently in place at the city’s Ocean Street beach accesses and in the downtown street rights of way. Hoop bike racks The hoop bike racks have 3-foot-tall black powder coated steel frames and may include a laser- cut horizontal face plates, which allow for city slogans such as “Bike Carlsbad” and “Bike the Village” (Exhibit 5). Inscribed bronze plaques could be installed within the mounting surfaces or adjacent walls. The hoop bike racks are currently in place within the city’s Ocean Street beach accesses, downtown street rights of way and limited parks. Pedestal barbeques The pedestal barbeques consist of three-foot square integral color concrete pedestals, with a cast iron grills and ash depository receptacles (Exhibit 6). Inscribed bronze plaques could be installed within the mounting surfaces or the concrete pedestals. The pedestal barbeques are currently in place in some parks. Art cairns The Parks & Recreation Department staff consulted the Library & Cultural Arts Department staff for expertise in the creation of design concepts that would address the City Council’s request to consider sculptures in the expanded memorial program. Staff recommends continuing the city’s standards of quality and craftsmanship by adding art cairns – stacked stone sculptures, historically used as memorials or landmarks (Exhibit 7) – to the memorial program. By adding unique artistic elements to the memorial program, such as cairns, with adjoining horizontal or vertical bases for inscribed bronze plaques, families would be provided an option that allows for a collaborative and thoughtful approach to the overall donation process, ultimately creating a designated space that respects the memory of a loved one. In the initial design phase, staff would engage a local artist in the development and creation of the 3-foot-tall art cairn. This aligns with the city’s reputation as a unique community, deepening community members’ March 16, 2021 Item #10 Page 2 of 76 appreciation of art, reflecting the city's aspiration to improve the quality of life and enhancing public areas for residents and visitors alike. This new option to the memorial program would in itself become a work of art, crossing one’s path and serving as: • A moment of reflection • A place where loved ones are celebrated • A space for honoring those who came before us and our history •A source for a calming and contemplative experience Staff would place a focus on working with local artists and selecting geographically resourced and sustainable materials. The placement of the artistic memorials near walkway and trail entries and gathering places is intended to enhance the landscapes and display a sense of prominence. Donation dollar amounts for memorial items Staff recommends the following donation dollar amounts for the current items within the memorial program and for the new items within the proposed expansion of the memorial program. The recommended donation dollar amounts for the current items include an increase comparable to the increase in the Consumer Price Index since 2005 to more closely offset the costs associated with the placement of the donated items. On average, the recommended donation amounts of the items equate to approximately two- thirds of the cost of materials, fabrication and equipment associated with the placement of the items. Staff anticipates the remaining one-third of those costs and the ongoing maintenance and replacement costs would be paid for from the Parks Maintenance Operating Budget. The staff costs associated with the placement and future maintenance and replacement of the memorial program items would be covered by the department’s ongoing workload and Parks Maintenance Operating Budget. Current memorial items •5-gallon container tree - $275 •24-inch container tree - $475 •36-inch container tree - $875 •48-inch container tree - $1,350 •6-foot concrete bench - $1,150 New memorial items •6.5-foot Copenhagen bench - $1,850 •3-foot hoop bike rack - $475 •3-foot pedestal barbeque – $1,350 •3-foot art cairn - $2,250 Accommodating requests for memorial items Requests for previously donated memorial items have been accommodated in the sequence of their receipt by staff. In other words, the first donor to request a memorial item (i.e., a tree or concrete bench) at a particular location in a city park has been accommodated before the next donor requesting the same memorial item at that same city park. Staff recommends the March 16, 2021 Item #10 Page 3 of 76 continuation of that practice for accommodating donors’ requests for a particular location, but including all city-owned or controlled preserves, trails, beach accesses, facility landscapes and street rights of way under the proposed expansion of the memorial program. Staff has previously accommodated donors’ requests for one donated memorial item from each type of amenity (i.e., trees and concrete benches) per tribute. Staff recommends continuing that practice but including Copenhagen benches, hoop bike racks, pedestal barbeques, and art cairns under the proposed expansion of the program. Inscribed bronze plaques for memorial items The optional inscribed bronze plaques for previously donated memorial items are horizontally oriented, 5- inches tall by 8-inches wide, and installed by staff. Those bronze plaques were purchased by the donors directly from local vendors, presently at an estimated cost of $250, and then provided to staff for installation. If the plaques subsequently needed to be replaced, e.g., due to vandalism or theft, the donors were to again purchase the plaques from a local vendor and provide them to staff for installation. Staff recommends the continuation of the existing process for the purchase, installation and potential replacement of the bronze plaques. The Parks & Recreation Department staff and Library & Cultural Arts Department staff recommend including the option of a vertical orientation, 8-inches tall by 5-inches wide, for the bronze plaques (Exhibit 8), under the proposed expansion of the memorial program. The departments’ staff also recommend providing templates to the donors and local vendors for enhanced consistency of the background tone and the font type and size used in the plaques. Options for expanding the memorial program Staff recommend the City Council approve the full set of options of geographic areas, memorial items and donation dollar amounts for items provided in the proposed expansion of the memorial program, with changes to be effective at the start of the fiscal year, July 1, 2021. The City Council may, however, select any combination of the options of geographic areas, memorial items and dollar amounts provided and direct staff to expand the memorial program accordingly. Opportunities beyond the memorial program The city also offers opportunities for memorials that fall beyond the proposed expansion of the memorial program. In particular, City Council Policy No. 48 - Naming Rights of Parks, Municipal Facilities and Amenities within those Facilities (Exhibit 9) offers another form of public recognition via naming rights. Relatively recent examples of memorial or honorific naming under the policy include a baseball field, a gazebo and a historic structure. The City Council- adopted Art in Public Places Program (Exhibit 10) also offers community members the opportunity to propose donating works of art that are described in the acquisitions policy. This policy and program each contain a description of the respective process to be followed for consideration. Fiscal Analysis With the expansion of the memorial program, staff recommends the City Council approve appropriating $40,000 from the General Fund to the parks maintenance operating budget in the current fiscal year 2020-21. These funds would be used in the current fiscal year to hire an artist to finalize the designs, develop the fabrication details and release the rights for future March 16, 2021 Item #10 Page 4 of 76 fabrications of the art cairns, estimated at $35,000. Additionally, the funds would be used to design and print new brochures for the memorial program, estimated at $5,000. Staff will also be recommending that the City Council appropriate $40,000 in ongoing annual funds from the General Fund to the Parks Maintenance Operating Budget, starting in fiscal year 2021-22. A supplemental budget request for these funds will be included in the FY 2021-22 citywide budget. The $40,000 in ongoing funds would be used to pay for one-third of the costs of materials, fabrication and equipment associated with placement of the memorial items, and the ongoing maintenance and replacement costs. Staff anticipates a significant increase in the annual number of memorial items resulting from the expansion of the memorial program. Next Steps Staff will implement of an expanded memorial program, as directed by the City Council, beginning with the actions noted in the Fiscal Analysis section above. Environmental Evaluation Receiving this report does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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. Public Notification and Outreach Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibits 1.City Council resolution 2.City Council staff report dated Oct. 13, 2020 3.City Council meeting minutes, dated Oct. 13, 2020 4.Memorial item illustration - Copenhagen bench 5.Memorial item illustration - hoop bike rack 6.Memorial item illustration - pedestal barbeque 7.Memorial item illustration - art cairn 8.Bronze plaque illustration - orientation and template 9.City Council Policy No. 48, dated March 13, 2012 10.Art in Public Places Program, dated March 2015 March 16, 2021 Item #10 Page 5 of 76 RESOLUTION NO. 2021-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE EXPANSION OF THE CITY COUNCIL ADOPTED PARKS & RECREATION DEPARTMENT MEMORIAL PROGRAM AND APPROPRIATING $40,000 FROM THE GENERAL FUND TO THE PARKS MAINTENANCE OPERATING BUDGET IN THE CURRENT FISCAL YEAR 2020-21 WHEREAS, on Aug. 25, 2020, the City Council approved a minute motion for staff to bring back the City Council adopted Parks & Recreation Department Memorial Program (memorial program) for the Council's potential action; and WHEREAS, on Oct. 13, 2020, the City Council received a staff report and presentation regarding that program; and WHEREAS, at the conclusion of the presentation, the City Council approved a minute motion for staff to work on expanding the memorial program to include more geographic areas like the beach entry points along Ocean Street, to allow for non-tree and non-bench related items - for instance sculptures, and to also allow for inflation for the Consumer Price Index increase; and WHEREAS, staff completed the requisite exploratory work and prepared a proposed expansion of the memorial program for City Council consideration, to be effective July 1, 2021; and WHEREAS, in response to the City Council's request to provide more geographic areas for donated memorial items to be placed, staff recommended expanding the memorial program from city parks to all city-owned or controlled preserves, trails, beach accesses, facility landscapes and street rights of way; and WHEREAS, staff recommended a full set of options of memorial items and donation dollar amounts for those items, that would potentially appeal to larger set of interests and experiences; and March 16, 2021 Item #10 Page 6 of 76 WHEREAS, on average, the recommended dollar amounts of the donated items equate to approximately two-thirds of the cost of materials, fabrication and equipment associated with the placement of the donated items; and WHEREAS, the remaining one-third of those costs, and the future maintenance and replacement costs, are anticipated as expenditures from the Parks Maintenance Operating Budget; and WHEREAS, the staff time and corresponding costs associated with the placement and future maintenance and replacement of the memorial items are anticipated to be covered within the department's ongoing workload and Parks Maintenance Operating Budget; and WHEREAS, staff requested the appropriation an additional $40,000 from the General Fund to the Parks Maintenance Operating Budget in the current fiscal year 2020-21 for the proposed expansion of the memorial program; and WHEREAS, in fiscal year 2020-21, the funds are to be used to hire an artist to finalize the designs, develop the fabrication details, and release the rights for future fabrications of the art cairns, and to design and print new brochures for the memorial program; and WHEREAS, staff will be recommending the City Council appropriate $40,000 in ongoing annual funds from the General Fund to the Parks Maintenance Operating Budget, starting in FY 2021-22; and WHEREAS, a supplemental budget request for those funds will be included in the fiscal year 2021-22 Citywide Budget; and WHEREAS, the $40,000 in ongoing funds are to be used to address the approximate one-third of the costs of materials, fabrication and equipment associated with placement of the memorial items, and the future maintenance and replacement costs; and March 16, 2021 Item #10 Page 7 of 76 WHEREAS, staff anticipates a significant increase in the annual number of memorial items resulting from the proposed expansion of the memorial program becoming effective July 1, 2021; and WHEREAS, requests for previously donated memorial items have been accommodated at a particular location in a city park in the sequence of their receipt by staff; and WHEREAS, staff recommended the continuation of the above sequence for accommodating donors' requests for a particular location, but including all city-owned or controlled preserves, trails, beach accesses, facility landscapes and street rights of way, under the proposed expansion of the memorial program; and WHEREAS, to date, staff has accommodated one donated memorial item from each type of amenity (i.e., trees and concrete benches) per tribute; and WHEREAS, staff recommended the continuation of the above ratio for accommodating donors' requests for one memorial item from each amenity set, but including all new items under the proposed expansion of the memorial program; and WHEREAS, the bronze plaques for previously donated memorial items were purchased by the donors directly from local vendors and then provided to staff for installation; and WHEREAS, if the plaques subsequently needed to be replaced (e.g., due to vandalism or theft), the donors were to again purchase the plaques from a local vendor and provide them to staff for installation; and WHEREAS, staff recommended the continuation of the above process for the purchase, installation and potential replacement of the bronze plaques under the proposed expansion of the memorial program; and March 16, 2021 Item #10 Page 8 of 76 KEITH BLACKBURN, Mayor Pro Tern WHEREAS, the City Planner has determined that pursuant to Public Resources Code Section 21065, receiving this report does not constitute a "project" within the meaning of the California Environmental Quality Act (CEQA) in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment, and does not require environmental review. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct 2.That the expansion of the memorial program is approved and effective July 1, 2021. 3.The Deputy City Manager, Administrative Services, or his/her designee is authorized to appropriate an additional $40,000 from the unassigned General Fund balance to the Parks Maintenance Operating Budget in fiscal year 2020-21. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 16th day of March, 2021, by the following vote, to wit: AYES: Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: Hall. j i\f\A-710—fr -1 tp\r— BARBARA ENGLESON, City Clerk (SEAL) March 16, 2021 Item #10 Page 9 of 76 � CITY COUNCIL \1U Staff Report Meeting Date: To: From: Staff Contact: Subject: Oct. 13, 2020 Mayor and City Council Scott Chadwick, City Manager Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 760-434-2941 Parks & Recreation Department's Memorial Program Recommended Action CA Review AF Receive an informational report on the Parks & Recreation Department's Memorial Program and provide direction as appropriate. Executive Summary On Aug. 25, 2020, the City Council approved a minute motion for staff to bring back the Parks & Recreation Department's Memorial Program for the council's review and potential action with no date specified for the item to be brought back. The following informational report on the program is being presented in response to that minute motion. Discussion The City Council adopted the Public Works Tree & Bench Memorial Program and accepted the first donation to the program on Aug. 17, 2004 (Resolution No. 2004-273), as indicated in the corresponding meeting item's agenda bill (Exhibit 1). 1 As the agenda bill, or staff report, stated, the memorial program was intended to generate more donations for trees at designated parks and benches at existing and future parks. The brochure for the memorial program noted that, "Planting a tree in a city park is a great way to honor or remember a friend or relative." The brochure aisa noted that people could, "Remember that special person or that memorable event by dedicating a park bench in the city." Since the inception of the memorial program, staff have accommodated numerous requests for donated trees and/or benches in parks across all four of the city's park districts (i.e., the city's quadrants). The total number of accommodated requests for donated tress or benches is estimated at just over 100. The donated trees were initially placed in Hosp Gove and in La Costa Canyon Park and have subsequently been placed in parks across the city. The donated benches have aisa been placed in parks across the city. Limited availability remains for the placement of donated trees or benches in many of these parks. 1 At that time, the Parks Maintenance Section was organized under the General Services Department of the Public Works Major Service Area. As part of a subsequent reorganization of the city's structure, the Parks Maintenance Section joined the Planning & Development Section and the balance of the Recreation Division, to collectively become the Parks & Recreation Department. Oct. 13, 2020 ltem #7 Page 1 of 10 EXHIBIT 2 March 16, 2021 Item #10 Page 10 of 76 Staff have not, however, been able to accommodate the bulk of the requests for donated trees or benches within the parks immediately adjacent to the beach. The city does not own those park properties. There are only two parks within the city that are immediately adjacent to the beach: (1) the Ocean Street Sculpture Park and (2) the Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluffs. These two parks are owned by the California Department of Parks & Recreation. The city manages these parks on behalf of the state, under a 20-year operating agreement for the Ocean Street Sculpture Park and under an annual right of entry permit for the Tamarack State Beach Upper Picnic Facilities and Tamarack/Frazee State Beach Coastal Bluffs. The city must therefore receive authorization from State Parks to place or replace trees or benches in these state-owned park properties. ln 2005, shortly after the inception of the memorial program, State Parks authorized the placement of three donated benches in Ocean Street Sculpture Park. Staff accepted donations from the first three community members who asked to place a bench in a park immediately adjacent to the beach. Staff then placed the three benches on decomposed granite pad in the northern boundary of Ocean Street Sculpture Park. Since that initial authorization, State Parks has consistently declined ali other requests for donated trees or benches to be placed in these two state-owned park properties. From 2005 to present day, staff estimates the city has received over 75 requests for donated trees or benches to be placed in the two parks immediately adjacent to the beach. A minority of those requestors have decided upon having their donated trees or benches placed in other city­ owned or controlled park properties. To date, staff have not placed donated trees or benches at the Ocean Street public beach accesses or within the Carlsbad Village public streetscapes because these locations are not classified as city-owned or controlled park properties. Additionaliy, until the completion of a city capital improvement project in 2018, the Ocean Street public beach accesses lacked fuliy functional irrigation systems for trees and platforms/outlooks for benches. The wider accesses -at the intersections of Ocean Street and Oak Avenue, Carlsbad Village Drive, Grand Avenue and Rue Des Chateaux -now contain fully functional irrigation systems and platforms/outlooks. The trees purchased for the memorial program have been of various species, based on the plant palette of the selected park and the associated preference of the community member who requested them. The donations are designated by bronze plaques, which are 5-inches tall and 8 inches wide and inset to a small concrete footing or boulder at the base of the trees. The plaques are provided to staff by the requestors. The benches purchased for the memorial program have been of concrete, approximately 5-feet long by 3-feet tali by 2-feet wide, with a rounded backrest. The 5-inch tall by 8-inch wide bronze plaques, again provided to staff by the requestors, are inset to the backrests of the benches. Representative photographs of donated trees and benches in city-owned or controlled park properties are included in the current brochure for the memorial program (Exhibit 2), which is posted on the Parks & Recreation Department's website. lf the City Council wishes to amend or expand the memorial program, staff requests specific direction in that regard. lf needed, staff can then draft those revisions to the memorial program and bring them back to the City Council for review and adoption. Oct. 13, 2020 ltem #7 Page 2 of 10 March 16, 2021 Item #10 Page 11 of 76 Fiscal Analysis There is no direct fiscal impact associated with the receipt of this staff report. The donation amounts received by the city for trees and benches have remained unchanged since the City Council's adoption of the memorial program in August 2004. Those donation amounts are: •5-gallon container tree -$200•24-inch container tree -$350 •36-inch container tree -$650 •48-inch container tree - $1,000•6-foot concrete bench -$850 Additional costs associated with the placement of the donated trees and benches are expended from the Parks Maintenance Operating Budget. lf the City Council wishes to more closely offset the costs associated with the placement of the trees and benches, staff recommends an increase of approximately 35 percent to the donation amounts, or 2.2 percent per year since 2005. During this same period, the Consumer Price Index for the San Diego area averaged an increase of 2.3 percent. The donation amounts for the memorial program would then be increased as follows: •5-gallon container tree -from $200 to $275 •24-inch container tree -from $350 to $475 •36-inch container tree -from $650 to $875•48-inch container tree -from $1,000 to $1,350 •6-foot concrete bench -from $850 to $1,150 Next Steps Staff will act in accordance with the City Council's direction, if any, on this item. Environmental Evaluation (CEQA) This action does not constitute a "project" within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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. Public Notification Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was available for public viewing and review at least 72 hours prior to the scheduled meeting date. Exhibits 1.City Council Agenda Bill, dated August 17, 2004 2.Parks & Recreation Department Memorial Program brochure Oct. 13, 2020 ltem #7 Page 3 of 10 March 16, 2021 Item #10 Page 12 of 76 z 0 .:: 0 <( .J 0 z :::::, 0 0 AB# 17,758 MTG. 8/17/04 DEPT. PW-GS CITY OF CARLSBAD -AGENDA BILL TITLE: ADOPTING THE PUBLIC WORKS TREE/BENCH MEMORIAL PROGRAM AND ACCEPTING A DONATION 1N THE AMOUNT OF $850 FROM THE LANCE SCHULTE FAMIL Y FOR A MEMORIAL PARK BENCH AND APPROPRIATING THE DONATION TO THE PUBLIC WORKS PARK OPERA TIONS BUDGET _RECOMMENDED ACTION: EXHIBIT 1 DEPT.H CITYATTY.� CITYMGR� Adopt Resolution No. 2004-273 adopting the Public Works Tree/Bench Memorial Program and the acceptance of a donation of $850.00 to the Public Works Parks Memorial Program from the Lance Schulte Family for a memorial park bench to be placed at Poinsettia Park, and appropriating the donation to the Public Works Park Operations Budget. ITEM EXPLANATION: Mr. Lance Schulte's Family has donated $850.00 to the City of Carlsbad for the express purpose of purchasing a memorial park bench. This bench isin honor of his parents and will be installed at Poinsettia Park by the City's park maintenance staff. This donation is part of the recently established Tree/Bench Memorial Program. This bench donation is the first under this new program. The intent is to generate more donations for trees at designated parks, and benches for our existing and future parks. FISCAL IMPACT: The donated funds are adequate to cover the cost of the bench and its installation. EXHIBITS: 1.Resolution No. 2004-273 adopting the Public Works MemorialTree/Bench Program and accepting a donation of $850.00 from the Lance Schulte Family for a memorial park bench to .be placed at Poinsettia Park, and appropriating the funds tothe Public Works Park Operations Budget. 2.Memorial Program Brochure DEPARTMENT CONTACT: Doug Duncanson, (760) 434-2862, email ddunc@ci.carlsbad.ca.us et. 13, 2020 ltem #7 Page 4 of 10 March 16, 2021 Item #10 Page 13 of 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ·23 24 25 26 27 28 RESOLUTION NO. 2004-273 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAO, CALIFORNIA, AOOPTING THE PUBLIC WORKS TREE/BENCH MEMORIAL PROGRAM ANO ACCEPTING A GIFT OF $850.00 FROM LANCE SCHULTE TO THE CARLSBAO PARK MEMORIALS FUNO ANO APPROPRIATING THE OONATION TO THE PUBLIC WORKS PARK OPERATIONS BUOGET. WHEREAS, the City of Carlsbad Public Works Oepartment has developed a new tree/bench memorial program ,and WHERAS, Mr. Lance Schulte has donated $850.00 to the City of Carlsbad, Public Works Park Operations Budget for a park bench, and WHEREAS, the City Council wishes to accept this gift; NOW, THEREFORE, BE IT RESOLVEO by the City Council of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.The City Council adopts the Public Works Tree/Bench Memorial Program. 11/ 11/ 11/ 11/ 11/ 11/ 11/ 11/ 11/ 11/ 11/ Oct 13, 2020 ltem #7 Page 5 of 10 March 16, 2021 Item #10 Page 14 of 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.That the City Council accepts the gift of $850.00 from Lance Schulte on behalf of all citizens of Carlsbad, and hereby appropriates these funds to the Public Works Park Operations Budget. PASSED, APPROVED ANO ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 17th day of _A=u=g=u=st.._ _____ , 2004, by the following vote: AYES: Couilcil · t-lembers Lewis, Finilla, Hall and Packard. NOES: None ABSENT: Council Member Kulchin. ATTEST: (SEAL) Oc 13, 2020 ltem #7 Page 6 of 10 March 16, 2021 Item #10 Page 15 of 76 Trees The tree selection will be determined by the suitability of the species for the location selected. The Parks Division staff will work with the donors to select a species of tree satisfac­ tory to both the donor and the City. Typical trees include T orrey Pines, Jacaranda, Australian Wilfow, Phodocarpus, Sycamore, Tristanians, Oak etc This is not an exhaustive lists of available trees. Location Please select a location D Hosp Grove D La Costa Canyon Park Bench lf you chose to dedicate a Park Bench a City staff member will ·contact you to discuss location and bench styles. 0ct. 13, 2020 <11 .:i:: :i.. 0 CO 0 0 N 1,1 0-:: rd .c ·-::i C: ,,a..�Q)o ........ :,.,_ "' 0 V C: •-,&l ·--<ll+'�Q.l rd 't: � Q,I � u rd 11) ..... � UE -;�] .... t .1.. rd .&l Orcsw0111 >-C.C:111 '!: .'!::! Q,I Q,I O rd UCC)�U Memorial Program .::·�f r 1�:: ,;,' .: . � "'t· �.: � , -..... '\ �-, 11 <:•.,.i',., -fr-:: . !t,;�'� � .... ::;-·,), -<, .• · :.:�( Jp,'�'; t' ,, ' ' �•-,.i�::::?'j\i' .. 1'·•.•)f.[",'.• r { ��t 4·., ·;"'�-,\{' . ,,;, "� ,�, ■ -.. '·\"',' .:"": ��/., f ':1J. -�r ... \��:/.,;J. ,._..,; • � .. r..,-• 1 1 1 .· • \ c. :· .. '., .... :,i;'; �•:t\.,: ,." . .'� ··-�, .... ,, .f, . ,., v, ·�. " . ��-�.J,,; ••r, •·=rf):· �\ --:::�.:•r���; .. _ �-. � ,, ' ,, -�·-,,> • ._,: �- .... , -�\-':.·�\ .. _ '�· �� .... �··· .•-;;. City of Carlsbad Public Works Department 760-434-2980 .....,_ --" March 16, 2021 Item #10 Page 16 of 76 1 PLANT -A -TREE 1 Planting a tree in a City park is a great way to honor or remember a friend or relative. Trees can be given for birthdays, weddings, births, anniversaries, other special occasions or in memory. Give the gift or tribute that can last through several lifetimes. DED ICATE A PARK BENCH Remember that special person or that memorable event by dedicating a park bench in the City. Dedicated benches throughout the City will be designated with a plaque in the concrete foun­ dation at the base of the bench. Oct. 13, 2020 1 HOWDO 1 PAR T ICIPATE? 1 CHOOSE ... to dedicate a beautiful memorial tree for planting in a designated City park or work with City staff to choose a park bench and location. The tree and bench will be recognized with a bronze plaque at the base of the tree and in the concrete foundation of the bench at the donors expense. The City will arrange for the planting as well as the maintenance for the memorial tree. Park benches will also be maintained by the City. NEXT STEP ... Fill out the application attached to the brochure and mail or deliver the completed application to: Department of Pubic Works General Services Memorial Program 405 Oak Avenue Carlsbad, California 92008 For additional information contact: City of Carlsbad Department of Public Works General Services 760-434-2980 V... CARLSBAD MEMORIAL PROGRAM APPLICATON Name of Honoree Contact lnformation Name: _____________ _ Address: ------------� City: --------------- State: ______ Zip: Telephone Number: ________ _ Donation Trees 15 gallon container 24 inch box 36 inch box 48 inch box Bench Park Bench Amount Donated: 6-8 feet 8-10 feet 10-12 feet 12-14 feet 6 feet $200.00 $350.00 $650.00 $1,000.00 $850.00 ---------- . Please make checks payable to: "City of Carlsbad " March 16, 2021 Item #10 Page 17 of 76 Gifts That Last For Generations Dedicating a memorial tree or bench in a city park is a wonderful tribute to a loved one or friend, a unique way to commemorate a special occasion, and provides a gift to the whole community. Trees are planted in public parks so everyone can enjoy the shade, beauty and enjoyment a living tree provides. This inspirational gift will grow stronger over time, will be vibrant with life year after year, and will ultimately benefit us all. Enhancements to our beautiful parks improve the quality of life in our community. Park benches can provide a pleasant place of contemplation for park visitors. They enhance our sense of belonging and community, and make our parks more enjoyable for everyone. Oct. 13, 2020 The greatest things in the world are pleasant thoughts; and the great art of life is to have as many of them as possible. Michel de Motaigne {cityof Carlsbad www.carlsbadca.gov/parksandrec Contributions to the City of Carlsbad are considered charitable donations. The lnternal Revenue Service considers the City of Carlsbad to be a qualified charitable organization under IRS Code Section 170 (c)(1 ).Contributions to the City of Carlsbad would be used exclusively for public purposes, are a qualified charitable donation and can be deducted as such. City of Carlsbad Tax ID # 95-6004793. The city does not offer tax advice and makes no representations as to the deductibility of any gift. Please consult your tax professional. 06/19-1000 ltem #7 (cityof �Pa�arlsbad� 15arks & Recreation tv March 16, 2021 Item #10 Page 18 of 76 Planning Your Donation We are dedicated to ensuring that your donation serves as both a lasting persona! tribute and an appropriate public gift. City staff will work with you to determine how to establish your memorial tree or bench. Your donation of $850 for a six foot concrete park bench includes installation and maintenance. Memorial trees can be planted and maintained for a donation of $200 -$1,000, depending on the size of the tree. Hewho plants a tree, plants a hope. Lucylarcom "Plant a Tree" " Location Designated locations within city parks are available for tree planting or benches. lndividuals or organizations may work with city staff to choose the right location for the tree or bench. Selecting a Tree The type of tree planted will be determined by the suitability of the species for the location selected. City staff will work with you to choose an appropriate species of tree. Maintenance The city will arrange for the planting, as well as the maintenance of the memorial tree. Park benches will also be installed and maintained by the city. Recognition For an additional cost, you can choose to order a bronze plaque (5"x 8") to be placed either at the base of a tree or in the concrete back rest of a bench. City staff can recommend a plaque vendor, and staff will install your plaque once you receive it. Memorial Program Application Contact lnformation Name _________________ _ Address ________________ _ City _________________ _ State ____________ Zip ____ _ Telephone _______________ _ Email _________________ _ Check here if you do not wish to join our email list D Donation D 5 gallon tree 6-8 ft. tree D 24 inch tree 8-1 0 ft. tree D 36 inch tree 1 0-1 2 ft. tree D 48 inch tree 12-14 ft. tree D 6 ft. concrete bench Payment lnformation D Check payable to "City of Carlsbad" To pay by credit card, call 760-434-2826 Return completed application form to: City of Carlsbad Parks and Recreation 1166 Carlsbad Village Drive Carlsbad, CA 92008 760-434-2826 phone 760-434-7185 fax pa rksma i ntena nce@ca rlsba dca .gov ltem #7 Page 10 of 10 $200 $350 $650 $1,000 $850 March 16, 2021 Item #10 Page 19 of 76 CITY COUNCIL Oct. 13, 2020 3 p.m. CALL TO ORDER: 3 p.m. ROLL CALL: Hall, Blackburn, Bhat-Patel, PLEDGE OF ALLEGIANCE: INVOCATION: None. Mayor Pro Tem PUBLIC REPORT OF ACTION TAKEN IN CLOSED APPROVAL OF MINUTES: Minutes of the Regular Meeting held Sept. 22, 2020 Minutes of the Special Meeting held Oct. 6, 2020 Minutes of the Regular Meeting held Oct. 6, 2020 Coun'cil Chamber 1200 Carlsbad Village Drive Carlsbad, CA 92008 Schumacher. Blackburn led the Pledge of Allegiance. SESSION: None. Motion by Mayor Pro-Tem Blackburn, seconded by Council Member Bhat-Patel, to approve the minutes with the correction to the name of who motioned and seconded the action in ltem No. 3 in the Minutes of the Regular Meeting held Sept. 22, 2020. Motion carried unanimously, 4/0. PRESENTATIONS: Proclamation in recognition of Beach Preservation Commissioner Petrucci Mayor Hall presented the proclamation. Commissioner Linda Petrucci thanked the City Council, city staff, and commission members for their dedication and efforts. PUBLIC COMMENT: The following individual called into the City Council meeting and voiced their comment for the record: Kristianne Kurner, representing New Village Arts, thanked the City Council for the approval of the building improvements and spoke about the efforts of the program. ANNOUNCEMENT OF CONCURRENT MEETINGS: Mayor Hall announced that the City Council is serving as the Carlsbad Municipal Water District Board of Directors on Departmental and City Manager Report No. 5. EXHIBIT 3 March 16, 2021 Item #10 Page 20 of 76 October 13, 2020 Carlsbad City Council Regular Meeting Page 2 CONSENT CALENDAR: Motion by Mayer Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to approve Consent Calendar ltem Nos. 1 and 2. Motion carried unanimously, 4/0. 1.ACQUISITION OF 7008 FORSTERS TERN DRIVE, AN AFFORDABLE HOUSING RESALE UNIT - Adoption of Resolution No. 2020-200 authorizing the city manager to exercise the city's option to purchase an affordable housing unit at 7008 Forsters Tern Drive and execute ali required documents to complete the purchase, and the deputy city manager for administrative services to appropriate and disburse $270,000 from the Housing Trust Fund to purchase this affordable housing unit. (Staff contact: David de Cordova, Community Development) 2.AWARD OF CONTRACT TO BLUE PACIFIC ENGINEERING AND CONSTRUCTION FOR THE EL CAMINO REAL AND COLLEGE BOULEVARD INTERSECTION IMPROVEMENTS CIP PROJECT NO. 6071 -Adoption of Resolution No. 2020-201 accepting bids, awarding a contract to Blue Pacific Engineering and Construction, and authorization of additional appropriation in an amount not to exceed $50,000 for construction of the El Camino Real and College Boulevard lntersection lmprovements, CIP Project No. 6071, in an amount not to exceed $568,340. (Staff contact: Brandon Miles, Public Works) ORDINANCES FOR INTRODUCTION: None. ORDINANCE FOR ADOPTION: 3.ORDINANCE NO. CS-386 -ESTABLISHING NO PARKING ZONES ON BOTH SIDES OF PASEO DEL NORTE AND CAR COUNTRY DRIVE -Adoption of Ordinance No. CS-386 amending Sections 10.40.072 and 10.40.073 of the Carlsbad Municipal Code to establish no parking zones on both sides of Paseo Del Norte and Car Country Drive from Cannon Road to the intersection of Paseo Del Norte and Car Country Drive between the hours of midnight and 6 a.m. (Staff contact: Faviola Medina, City Clerk Department) City Manager's Recommendation: Adopt Ordinance No. CS-386. City Attorney Celia Brewer titled the ordinance. Motion by Mayer Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Ordinance No. CS-386. Motion carried unanimously, 4/0. PUBLIC HEARINGS: 4.CARLSBAD STATION TENTATIVE TRACT MAP AND SITE DEVELOPMENT PLAN TO CONSTRUCT A FOUR-STORY MIXED-USE PROJECT -Adoption of Resolution No. 2020-202 approving a Tentative Tract Map and Site Development Pian to construct a four-story mixed-use project consisting of two buildings with eighty-three condominium units comprising seventy-nine March 16, 2021 Item #10 Page 21 of 76 October 13, 2020 Carlsbad City Council Regular Meeting Page 3 residential units and four commercial units on a 1.756-acre site located at 2747, 2775, 2777, 2785, and 2801 Roosevelt Street and 2780 and 2802 State Street in the Village Center District of the Village and Barrio Master Pian and within Local Facilities Management Zone 1 (Case Name: Carlsbad Station; Case No.: CT 2019-0003/SDP 2019-0004}. (Staff Contact: Cliff Jones, Community Development} City Manager's Recommendation: Take public input, close the public hearing and adopt the resolution. Senior Planner Cliff Jones and City Planner Don Neu presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. Mayor Hall opened the duly noticed Public Hearing at 3:18 p.m. McKellar McGowan Community Outreach Consultant Arlene Tendick reviewed a PowerPoint presentation (on file in the Office of the City Clerk}. The following individuals called into the City Council meeting and voiced their comment for the record in support of staff's recommendation: Angeli Calinog, representing Circulate San Diego; Sharon Creal; Cheri Hoffman; Matt Leonard, representing the Carlsbad Chamber af Commerce; Jason Check; Colin O/sen; Karen Pearson; Christine Davis, representing Carlsbad Village Association; Gary Nessum; Tracy Carmichael. Hearing no one else wishing to speak, Mayor Hall closed the duly noticed Public Hearing at 3:46 p.m. ln response to an inquiry from Council Member Bhat-Patel, McKellar McGowan Community Outreach Consultant Tendick explained that neither questions nor concerns regarding the removal of retail space or waivers were received during meetings with the public. She also explained that in terms of encouraging public transit, they are promoting walkability and a micromobility fleet that they hope to pilot at another local property, Carlyle Carlsbad Village in the near future. ln response to an inquiry from Council Member Schumacher, Architect Robert Hidey of Robert Hidey Architects explained solar panels will be placed on the fourth floor and have been calculated to meet the state's solar requirement. ln response to an inquiry from Council Member Schumacher, BHA lnc. Civil Engineer Rod Bradley explained a preliminary soil investigation was completed and it was found that there were no issues with the ground water, the construction of the podium, or remainder of the project. He also explained that a sump pump is not required. March 16, 2021 Item #10 Page 22 of 76 October 13, 2020 Carlsbad City Council Regular Meeting Page 4 ln response to an inquiry from Council Member Schumacher, Engineering Manager Jason Geldert explained Public Works Department staff will review the possibility for midblock crossings to provide connectivity. ln response to an inquiry from Council Member Schumacher, Senior Planner Jones explained the applicant is within the state density bonus law and that the law does not specify whether the units be for rent or sale. He also explained that the city is requiring the applicant enter into a housing agreement for deed restricted units. Council Member Schumacher explained she is unable to support the project without more clarity to housing affordability on whether the units will be for sale or rent. ln response to an inquiry from Mayor Hall, City Attorney Brewer explained state housing laws have been recently amended to encourage cities to approve and not deny housing and that in this case it appears the applicant is compliant with meeting the requirement. ln response to an inquiry from City Attorney Brewer, City Planner Don Neu explained the housing agreement undergoes review at the Housing department and consideration at the Housing Commission before it is returned to City Council, whom would then be able to exercise discretion over the agreement. City Planner Neu also explained the applicant's intent to leave the project more open as to avoid conflict between the project conditions of approval and the housing agreement. ln response to an inquiry from Council Member Schumacher, City Attorney Brewer explained while she can't speak to the Lofts project, she can speak to the Carlsbad Station project and its compliance to the law. ln response to an inquiry from Council Member Schumacher, City Manager Scott Chadwick confirmed the housing agreement would return to the City Council for their approval. Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-202. Motion carried, 3/1 (Schumacher-No). DEPARTMENTAL AND CITY MANAGER REPORTS: 5.BOARD OF DIRECTORS' UPDATE ON SAN DIEGO COUNTY WATER AUTHORITY -Receive a report from Keith Lewinger, San Diego County Water Authority Board Member, to update the Carlsbad Municipal Water District Board of Directors on recent Water Authority issues of importance. (Staff contact: Vicki Quiram and Eric Sanders, Public Works) City Manager's Recommendation: Receive the report. City Manager's Recommendation: Receive the report. March 16, 2021 Item #10 Page 23 of 76 October 13, 2020 Carlsbad City Council Regular Meeting Page 5 Utilities Director Vicki Quiram and San Diego County Water Authority Board Member Keith Lewinger presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). ln response to an inquiry from Mayor Hall, San Diego County Water Authority Board Member Keith Lewinger provided the status of the San Vicente energy storage project and elaborated on the City of San Diego's water reclamation efforts. Council received the report. 6.AGREEMENT WITH CANNON PACIFIC SERVICES, INC., DBA PACIFIC SWEEPING, FOR CITYWIDE STREET SWEEPING SERVICES -Adoption of resolution 2020-203 authorizing execution of an agreement with Cannon Pacific Services, lnc., DBA Pacific Sweeping, to provide citywide street sweeping services for an amount not to exceed $587,900 for the first agreement year of a three-year term and for increasing amounts for·subsequent years of the agreement if funds are available. (Staff contact: Michael O'Brien, Public Works) City Manager's Recommendation: Adopt the resolution. Public Works Superintendent Michael O'Brien and Transportation Director Tom Frank presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). Motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, to adopt Resolution No. 2020-203. Motion carried unanimously, 4/0. 7.PARKS & RECREATION DEPARTMENT'S MEMORIAL PROGRAM -Receive an informational report on the Parks & Recreation Department's Memorial Program and provide direction as appropriate. (Staff contact: Kyle Lancaster, Parks & Recreation) City Manager's Recommendation: Receive the report and provide direction as appropriate. Parks & Recreation Director Kyle Lancaster presented the report and reviewed a PowerPoint presentation (on file in the Office of the City Clerk). The following individuals called into the City Council meeting and voiced their comment for the record: Joanna Munday spoke in support of expanding the memorial program and offered ideas and suggestions. Trey Munday spoke in support of expanding the memorial program and offered a donation to help financially support the program. March 16, 2021 Item #10 Page 24 of 76 October 13, 2020 Carlsbad City Council Regular Meeting Page 6 Mariah Christenson spoke in support of expanding the memorial program in memory of Jack Munday. Kai Schmid spoke in support of expanding the memoria/ program in memory of Jack Munday. Shari Teach spoke in support of expanding the memoria/ program in memory of Jack Munday. Laura Wrisley spoke in support of expanding the memoria/ program in memory of Jack Munday. Ashley Harris spoke in support of expanding the memoria/ program in memory of Jack Munday. Todd Harris spoke in support of expanding the memoria/ program and thanked city staff for their accommodations during this time. Jason Check spoke in support of expanding the memorial program and asked if there is a way to work with the Arts Commission to insta/1 public art on a private building to memorialize someone, including the memory of Jack Munday. ln response to an inquiry from Council Member Schumacher, Parks & Recreation Director Lancaster explained Coastal Commission restrictions regarding trees and height. He aisa confirmed brass plates may be a viable option. Minute Motion by Council Member Schumacher, seconded by Mayor Hall, requesting staff to work on expanding the Parks & Recreation Department's Memorial Program to include more geographic areas like the beach entry points along Ocean Street, to allow for non-tree and non-bench related items; for instance sculptures, and to aisa allow for inflation for the Consumer Price Index increases. Motion carried unanimously, 4/0. Council received the report. COUNCIL REPORTS AND COMMENTS: Mayor Hall and City Council Members reported on activities and meetings of some committees and subcommittees of which they are members. CITY MANAGER COMMENTS: None. CITY ATTORNEY COMMENTS: None. CITY CLERK COMMENTS: None. ANNOUNCEMENTS: None. March 16, 2021 Item #10 Page 25 of 76 October 13, 2020 Carlsbad City Council Regular Meeting Page 7 ADJOURNMENT: Mayor Hall adjourned the duly noticed Meeting at 5:22 p.m. �Y-M1a� Mia De Marzo Deputy City Clerk March 16, 2021 Item #10 Page 26 of 76 PRODUCT DATA page 1 of 1 | Rev. 06-14-17 COPENHAGENTM BENCH © 2017 Forms+Surfaces® | All dimensions are nominal. Specifications and pricing subject to change without notice. For the most current version of this document, please refer to our website at www.forms-surfaces.com. T 800.451.0410 | www.forms-surfaces.com COPENHAGENTM BENCH TECH BRIEFPRODUCT DATA EXHIBIT 4 March 16, 2021 Item #10 Page 27 of 76 PRODUCT DATA page 1 of 2 | Rev. 06-14-17 COPENHAGENTM BENCH © 2017 Forms+Surfaces® | All dimensions are nominal. Specifications and pricing subject to change without notice. For the most current version of this document, please refer to our website at www.forms-surfaces.com. T 800.451.0410 | www.forms-surfaces.com The Copenhagen Bench is unlike any other bench - beautiful and durable. Copenhagen achieves a refined, fanlike form while using exceptionally robust materials. Bench frames are made from solid cast iron while seat slats are made from FSC® 100% Ipé, a remarkably durable hardwood highly resistant to moisture, insects, fire, vandalism and decay. The first Copenhagen benches produced were chosen by architect Finn Larsen for placement in the famed Tivoli Gardens. MATERIAL & CONSTRUCTION DETAILS INSTALLATION & MAINTENANCE FRAME SLATS INSTALLATION MAINTENANCE • Mechanically fastened bench frame components are made from solid cast iron. • For the ultimate in corrosion resistance, the iron finishing process includes an electrodeposited zinc undercoat per ASTM B633 with additional Type II conversion coating followed with a powdercoat finish. • See the Forms+Surfaces Powdercoat Chart for details. Custom RAL colors are available for an upcharge. • Due to the inherent nature of metal castings, gloss powdercoats are not offered for cast components. • Ipé hardwood slats offer superior resistance to moisture, insects, fire, vandalism and decay. All Copenhagen wood is FSC® 100% and has a natural oiled finish that enhances the wood’s rich color. (FSC License Code: FSC-C004453) • Copenhagen Benches can be surface mounted or freestanding with or without adjustable stainless steel glides for indoor floor protection. • Metal surfaces can be cleaned as needed using a soft cloth or brush with warm water and a mild detergent. Avoid abrasive cleaners. • Ipé hardwood slats can be maintained by re-oiling as needed with Penofin® hardwood finish or similar products. NOMINAL DIMENSIONS MODEL OVERALL LENGTH OVERALL DEPTH OVERALL HEIGHT SEAT HEIGHT OVERALL WEIGHT SBCOP-78S 77.7" (1974 mm)24.6" (625 mm)34.0" (864 mm)17.8" (452 mm)314 lbs (142 kg) SBCOP-78F 77.7" (1974 mm)24.6" (625 mm)34.0" (864 mm)17.8" (452 mm)314 lbs (142 kg) SBCOP-78G 77.7" (1974 mm)24.6" (625 mm)34.0" (864 mm)17.8" (452 mm)314 lbs (142 kg) ENVIRONMENTAL CONSIDERATIONS • Please refer to the Copenhagen Bench Environmental Data Sheet for detailed environmental impact information. • Copenhagen's cast iron components have 100% recycled content. • All Copenhagen components are fully recyclable. • All Copenhagen wood is FSC 100%. • Standard powdercoat finish is no-VOC; non-standard powdercoat finishes are no- or low-VOC, depending on color. • Low maintenance. • Easy to disassemble. Overall Depth OverallHeight Overall Length SeatHeight March 16, 2021 Item #10 Page 28 of 76 Bike Carlsbad Bike Rack 6/17/16 EXHIBIT 5 March 16, 2021 Item #10 Page 29 of 76 ©2021 The Hoop Rack is a proven design that provides high security and easy bike parking. The Hoop Rack uses thick pipe construction and the full radius of the bend makes the Hoop an attractive and functional bike rack. This bike rack can also be put on rails for mobility and is popular in bike corrals. Hoop Rack March 16, 2021 Item #10 Page 30 of 76 EXHIBIT 6 March 16, 2021 Item #10 Page 31 of 76 March 16, 2021 Item #10 Page 32 of 76 Art Cairn Design Concept Design Concept One: •Beach Black Cobble stones (assorted sizes, variance, same black, grays and white color tones) •Base (approximately 9” x 14”) •Incorporate bronze plaque. See mock-up of the font, and look of these plaques, for reference •Overall size (stacked to meet 3 feet height) •Cost estimates: TBD, supplemetal materials Rendering, to scale Rendering, up-close Sample bronze plaque template All Beach Cobble EXHIBIT 7 March 16, 2021 Item #10 Page 33 of 76 Art Cairn Design Concept One March 16, 2021 Item #10 Page 34 of 76 Art Cairn Design Concept One, Up-close view March 16, 2021 Item #10 Page 35 of 76 Design Concept Two: • Assorted stones; Red Mountain Ledge, Basalt, Honey Quartez (assorted sizes, variance, same brown, tans and white color tones) • Base (approximately 9” x 14”) • Incorporate bronze plaque. See mock-up of the font, and look of these plaques, for reference • Overall size (stacked to meet 3 feet height) • Cost estimates: TBD, supplemental materials Rendering, to scale Rendering, up-close Sample bronze plaque template Red Mountain Ledge Honey Quartez Basalt March 16, 2021 Item #10 Page 36 of 76 Art Cairn Design Concept Two March 16, 2021 Item #10 Page 37 of 76 Art Cairn Design Concept Two, Up Close View March 16, 2021 Item #10 Page 38 of 76 In loving memory of CONSTANTINE ANDERSON In life we loved you dearly, In death we love you still, In our hearts you hold a place, that no one could ever fill. EXHIBIT 8 March 16, 2021 Item #10 Page 39 of 76 5pt Stroke Utopia Std Semibold 30pt Utopia Std Semibold 35pt (ALL CAPS) Utopia Std Regular 22pt Saying: Name: Body Text: TEMPLATE 1 March 16, 2021 Item #10 Page 40 of 76 In loving memory of March 16, 2021 Item #10 Page 41 of 76 In loving memory of March 16, 2021 Item #10 Page 42 of 76 Will always be in our thoughts CONSTANTINE ANDERSON You are always in our hearts and thoughts. You were taken from us far too soon. We love you always. March 16, 2021 Item #10 Page 43 of 76 5pt Stroke Utopia Std Semibold 35pt (ALL CAPS) Utopia Std Semibold 30pt Utopia Std Regular 22pt Name: Saying: Body Text: TEMPLATE 1 March 16, 2021 Item #10 Page 44 of 76 Will always be in our thoughts March 16, 2021 Item #10 Page 45 of 76 Will always be in our thoughts March 16, 2021 Item #10 Page 46 of 76 (T �1\> CITY OF � iY CARLSBAD Policy No. Date lssued: 48 March 13, 2012 March 13, 2012 � V Effective Date: Resolution No. Cancellation Date: Supersedes No. 48 issued 1/16/07 Council Policy Statement Category: NAMING RIGHTS OF PARKS ANO MUNICIPAL FACILITIES Specific Subject: Naming Rights Of Parks, Municipal Facilities, and Amenities Within Those Facilities PURPOSE: The purpose of this policy is to: • • • • • Address naming or renaming where an exchange of consideration takes place (naming rights}, and address memorial or honorific naming where there is no financial consideration. Create and establish criteria and procedures for the naming or renaming of parks, designated municipal facilities, and amenities within those facilities. Encourage philanthropic giving while acknowledging public investments and safeguarding against the unwanted commercialization of the public realm. Provide guidance on how to apply for approval to name or rename parks, designated municipal facilities, and amenities within those facilities. Present a clear and consistent evaluation framework and approval process for City Council in considering naming or renaming requests. BACKGROUND: The intent of this policy is to: • • • • • • Confirm the practice of naming or renaming parks, designated municipal facilities, and amenities within those facilities, after significant geographical, neighborhood, cultural and historical elements. Recognize substantial persona! and financial contributions that individuals, groups, or community organizations have made to the public life and the well-being of the residents of the city. Promote the practice of naming or renaming parks to include designated municipal facilities and amenities within a park or municipal facility. Create, maintain, and make available a list by department of parks, designated municipal facilities, and amenities within those facilities eligible for City Council's consideration of naming. Institute a process under which a city-sponsored or city-recognized fundraising support group may work with staff and the City Council to formally establish conditions (via the agenda bill process} under which the group may identify and market naming opportunities, and enter into an agreement with the city under these terms. No vested rights shall be conferred or received by any individual, entity, group, or community organization as a result of this policy. City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 1 760-434-2820 1 760-720-9461 fax I www.carlsbadca.gov EXHIBIT 9 March 16, 2021 Item #10 Page 47 of 76 Policy No. 48 GRANTING OF RIGHTS •Naming rights of parks, designated municipal facilities, and amenities within those facilities usually granted in exchange for a significant financial contribution by an individual, group, community organization, entity, company, corporation or foundation to the city. •Memorial or honorific naming of parks, designated municipal facilities, and amenities within those facilities in memory or honor of outstanding achievement, meritorious service, or exceptional community involvement on the behalf of an individual, generally without a financial contribution to the city. POLICY: Names of individuals, groups, community organizations, entities, companies, corporations, or foundations will be considered when they have made a significant contribution to the city by: • • • • Enhancing the quality of life and well-being of the city and a majority of its residents . Contributing to the historical or cultural preservation of the city . Contributing toward the acquisition, development, or conveyance of land or building to the city . A direct relationship or association that exists between a former place of residence of the person and the parks, designated facilities, and amenities within those designated facilities to be named. General criteria for naming rights (including memorial or honorific naming): •Must be consistent with perso nai or financial contribution level.•Provides a sense of place, continuity and belonging reflecting the geographic location, community, neighborhood or street where the park, municipal facility or amenity within the facility is located.•Recognizes the natural, historical and/or cultural significance of the area.•Reflects the unique characteristics of the site.•Consistent with the mission, vision and values of the city. Additional criteria for memorial or honorific naming: Memorial naming is designed to specifically acknowledge deceased individuals, while honorific naming is intended to recognize living individuals. Parks, designated municipal facilities and amenities within those facilities may be named in memory or honor of an individual that has: •Made a significant, positive contribution to the community without which the park, designated municipal facility, or amenity within those facilities may not have otherwise existed, or;•Made an important contribution that enhanced a park, designated municipal facility, or an amenity within those facilities in an extraordinary way, and;•Demonstrated continuous and longstanding track record of exemplary public service, or community volunteerism over a period of 15 or more years.•Achieved such unique distinction as to warrant recognition; Page 2 of 5 ,,-7.11 /- March 16, 2021 Item #10 Page 48 of 76 •Had a longstanding and beneficial affiliation with the city, and;•Maintained a continuous residence in the city. Policy No. 48 •Where the name(s) of an individual(s) is recommended, written consent shall be obtained from the individual(s) (for honorific naming), their heir(s), or their estate (for memorial naming) prior to the City Council's public consideration. ln the case of a memorial naming opportunity, the person must be deceased for a minimum of one year before the proposal will be considered. lf the name proposed is that of an elected official or public employee, they must be retired from public service to be eligible for consideration. Where the naming rights opportunity is the result of a financial contribution, the following factors must be considered: •The duration of the naming opportunity.•The east paid to the city for naming shall be negotiated and established according to a market value assessment. The naming cost shall be commensurate with the cost of specific construction, operating, maintenance, and replacement costs of the parks, designated municipal facilities, and amenities within those facilities to be named.•Market value assessment (a current assessment of the potential property value within the marketplace of the Naming Rights for a specific park, designated municipal facility and amenities within those facilities) to be coordinated by the responsible department on an individual basis. Renaming: A proposal to rename or add an additional name to a park, designated municipal facility, and amenities with those facilities shall adhere to all applicable criteria outlined above. ln addition, the following guidelines shall be followed: •The review process shall include due consideration and a comprehensive review of all pertinent documents by city staff. This includes a legal review by the city attorney of information relating to the original naming and proposed renaming.•When a park, designated municipal facility, and amenities within those facilities has already been named, and will be replaced, substantially renovated, or developed for another use, the replaced or renovated park, designated municipal facility, and amenities within those facilities may be renamed.•When a preexisting name is deemed by the Board, Commission, or city manager to be no longer befitting.•When in default or the terms of the Naming Agreement have been violated or not fulfilled.•When a park, designated municipal facility, and amenities with those facilities is proposed for renaming, a reasonable effort will be made to notify in advance the current individual named (or immediate family members), group, or community organization of the renaming. Page 3 of 5 March 16, 2021 Item #10 Page 49 of 76 Existing names may not be changed without consideration of: •Community input.•The historical significance of the existing name.•The impact on the individual or organization previously named. Policy N<:,, 48 •The cost and overall effect of changing existing signs, rebuilding community recognition and updating records (e.g. letterhead, databases, and promotional materials).•The Terms and Conditions of the Naming Agreement. Names will not be chosen that: •Cause confusion due to duplication or names sounding similar to existing locations within the City.•Are the names of companies whose business is substantially derived from the sale of alcohol, tobacco, firearms, pornography, and sexually explicit goods or services.•Are discriminatory or derogatory considering race, gender, creed, religious or political affiliation, or other similar factors.•Recognize the birth, marriage or anniversary of specific individuals. Naming Rights and Memorial or Honorific Naming Agreement: The terms of naming rights and memorial or honorific naming of parks, designated municipal facilities, and amenities within those facilities shall be individually negotiated and agreed upon by all parties. The agreement is a legal contract between the applicant and the city, and shall contain: •A description of the contractual relationship, specifying the exact nature of the agreement.•The term of the agreement (specified commencement and termination period). Naming rights and memorial or honorific naming of parks, designated municipal facilities, and amenities within those facilities shall never be granted in perpetuity.•Renewal options, if any.•For Naming Rights proposals, market value assessment, including cash, in-kind goods and services (and method of evaluating in-kind contributions).•Payment schedule.•Description of rights and benefits.•Release, indemnification, non-compliance and early termination clauses.•lnsurance clauses. Each naming or renaming rights and memorial or honorific naming or renaming proposal will be considered on a case-by-case basis, and final approval is at the sole discretion of the City Council. No vested rights shall be conferred or received by any individual or entity as a result of this policy or any action ta ken under this policy. The City of Carlsbad reserves the right to reject or revoke namingrights and memorial or honorific naming proposals submitted by individuals, groups, community organizations, companies, corporations and foundations whose views or public statements do not promote and support the mission, vision and values, or best interests of the city. Page 4 of 5 March 16, 2021 Item #10 Page 50 of 76 Policy No. 48 ·Procedure: •Applicant(s) shall submit a written proposal for naming rights or memorial or honorific naming to the corresponding department complete with justification to aid in considering the proposal. lt is incumbent upon the applicant to clearly document and illustrate how the proposed name satisfies the criteria as defined in this policy.•For memorial or honorific naming, the proposal shall include supporting background information and/or biographical information (newspaper articles, photos, proclamations, awards, and certificates) demonstrating that the proposed name is of significance to the community, and be accompanied by at least three, and no more than five, letters of support.•Staff shall thoroughly review the proposal, and then forward it to the department director and City Manager for a recommendation.•Only if the department director and City Manager determines that all applicable criteria as required by this policy has been satisfactorily demonstrated and achieved, shall the proposed name be placed on the Board and/or Commission agenda (if required) for further consideration. lncomplete or ineligible proposals will be returned to the applicant.•Sufficient time shall be allowed for review by the Board and/or Commission and subcommittee if required, and to publicize and receive input from the community at the Board and/or Commission meeting. The Board and/or Commission's recommendation will be forwarded to the City Council for their final determination of the official name. City sponsored or city-recognized support group fundraising guidelines: ln the case of city sponsored or city-recognized support groups fundraising on behalf of the City (i.e. Rotary Club, Friends of the Library and/or Friends of Carrillo Ranch), it is necessary to establish naming opportunities and gift levels prior to soliciting gifts and offering naming rights to prospective donors. No final commitment to name a park, designated municipal facility or amenity within those facilities shall be made to a potential donor without the appropriate prior approvals as outlined within this policy. The support groups will first establish recommended naming opportunities and gift levels. The recommended naming opportunities and gift levels will then be submitted to the corresponding department director for review, and then submitted to the corresponding Board and/or Commission. The Board and/or Commission's recommendation on the naming opportunities and gift levels will then be forwarded to the City Council for final approval via the agenda bill process prior to the support group soliciting donations. Appeals Process: •Within 30 calendar days of the denial of a Naming Rights Application by a department director/City Manager, an applicant(s) may only submit a written request for reconsideration if the applicant can demonstrate that criteria and documentation were not properly assessed at the time of the initial department director's review.•The decision of the department director/City Manager may be appealed to the City Council. The decision of the City Council is final. lt is the city's policy to not consider requests for reconsideration based solely on questions pertaining to the evaluation. Page 5 of 5 March 16, 2021 Item #10 Page 51 of 76 City of Carlsbad Cultural Arts Office Art in Public Places Program Mailing Address: Location: 1200 Carlsbad Village Drive 2955 Elmwood St. Carlsbad, CA 92008 Carlsbad, CA 92008 EXHIBIT 10 March 16, 2021 Item #10 Page 52 of 76 Table of Contents Topic Page Introduction .............................................................................. 3 Goals ................................................................................ 3 Public art as it relates to the city’s General Plan ............. 4 Purpose .................................................................................... 5 Intent ................................................................................... Budget Process .......................................................................... 6 Capital Improvement Projects ......................................... 6 Community Arts Projects ................................................. 7 City Council Review .......................................................... 8 Initiating a Public Art Project .................................................... 8 Responsibilities ................................................................ 8 Selection Procedures .............................................................. 15 General Process ............................................................. 15 Public Art Advisory Committee ...................................... 16 Appeals Process ............................................................. 18 Insurance and Risk Management ........................................... 18 Policy on Donated Works, Gifts and Accessions ..................... 19 Procedures for Acquisition – Donated Artworks ........... 19 Donated Funds for Public Art ......................................... 21 Panel Review Process ..................................................... 21 Collection Management.......................................................... 22 Collection Management Goals ....................................... 22 Deaccession Policies ...................................................... 23 Adopted by the Carlsbad Arts Commission, May, 1995. Updated February, 2014. Adopted by City Council March 2015. March 16, 2021 Item #10 Page 53 of 76 Introduction The City of Carlsbad’s Art in Public Places Program seeks to ensure the highest quality of design where arts and culture and public art have a constant presence. The city wishes to advance Carlsbad’s reputation as a unique community by expanding residents' appreciation of art, reflecting the city's aspiration to improve the quality of life, enhancing public spaces for all residents and visitors and becoming a world class city for innovation and creativity. The Art in Public Places Program works to integrate art and the ideas of artists into the development of public settings by collaborating with local and nationally-known artists to include the values and history of our community into their work. Goals 1. To increase the understanding and appreciation of art in public places of Carlsbad residents and visitors. 2. To acquire and commission quality and diverse works of art for community enrichment that is site specific and environmentally responsive. 3. To encourage participation of diverse socioeconomic and ethnic groups in the art in public places program and process. 4. To support and involve artists in developing, collaborating and implementing Carlsbad's public spaces and community development projects. 5. To encourage collaboration between artists and architects, landscape architects and civil engineers for public projects. 6. To encourage an environment for artistic creativity in Carlsbad and promote Carlsbad as a local, state and national leader in arts, culture and public art. 7. To increase awareness of Carlsbad's art in public places activities as an integral component for attracting business and tourism to Carlsbad. March 16, 2021 Item #10 Page 54 of 76 Public Art as it relates to the City of Carlsbad General Plan The General Plan outlines the community’s vision for the future development of Carlsbad. The plan introduces its purpose, use, and policy structure, and how it can be amended and updated to continually embody the Community’s Vision and direction for the future. The plan draws its ideas from more than 8,000 residents and over 100 community groups and organizations, as well as business owners, elected officials, and city staff who directly participated in the process to create the Carlsbad Community Vision, which is the foundation for this plan. The plan is comprehensive and long-range and will be used on an ongoing basis, reflecting the city’s commitment to the Carlsbad Community Vision and the state law requirement that all actions related to the city’s physical development—from transportation and park plans, to facility plans, as well development regulations and fee programs—should be consistent with the General Plan. The Carlsbad Community Vision reflects the community’s aspirations for Carlsbad’s future; it is a clear and motivational synthesis of the ideas expressed by community members during the first phase of Envision Carlsbad. The Carlsbad Community Vision is based upon nine core values that were commonly expressed by the community. These values represent the qualities and characteristics of Carlsbad that community members aspire to protect, maintain, improve, change or achieve in the future.  Small town feel, beach community character and connectedness  Open space and the natural environment  Access to recreation and active, healthy lifestyles  The local economy, business diversity and tourism  Walking, biking, public transportation and connectivity  Sustainability  High quality education and community services  Neighborhood revitalization, community design and livability  History, the arts and cultural resources The Arts, History, Culture and Education (AHCE) Element of the General Plan recognizes that an aesthetic environment and connections to culture and education are essential characteristics of a community that values its quality of life and wishes to be seen by its residents, neighbors and visitors as an attractive and desirable place, addressing the needs of the human spirit. This element is intended to enhance availability and accessibility of the arts for all residents, preservation of the important historic and cultural elements that make Carlsbad unique, and educational opportunities for lifelong learning. March 16, 2021 Item #10 Page 55 of 76 Carlsbad boasts a variety of arts and cultural events, institutions and programs aimed at promoting a sense of community identity and providing education and information about the city’s heritage. Events such as ArtSplash, TGIF Concerts in the Parks and exhibits at the William D. Cannon Art Gallery provide outlets for the arts and cultural community. These events help Carlsbad residents from all cultural backgrounds to celebrate local traditions and heritage in creative and inspiring ways by building connections between historic resources and the arts and by promoting and strengthening both. General Plan goals related to public art:  Integrate the arts and arts education as a vital aspect of community life, with a wide range of facilities and public programs designed to engage the city’s diverse audiences as active participants and patrons.  Foster an environment of active participation in and attendance at artistic and educational programs and activities by residents and visitors.  Enhance cultural and generational diversity and social connections through opportunities for volunteerism and civic engagement; more public gathering places, family-friendly activities; and more events that connect residents to one another and keep them active in the community. General Plan policies related to public art:  Allocate funding for the purchase, maintenance and conservation of the city’s public art collection and provide, when possible, for the siting, selection, installation and maintenance of works of art within or upon public facilities and land.  Promote cooperative arrangements with other public or private agencies that facilitate the temporary or permanent display of works of art within or upon public or private facilities and land.  Develop programs that invest in and contribute to the enhancement of arts and cultural programs, services, organizations and artists to foster ongoing cultural tourism efforts and creative economy development in the city. PURPOSE It is the intent of city ordinance 2.18.110 (appropriations for arts) to direct the inclusion of works of art in all city construction projects. The Art in Public Places Program is designed to manage the acquisition and disposition of public art in order to expand residents’ and visitors’ experience with art and enable them to better understand their communities and their individual lives. By encouraging artists capable of creating works of art in public places, the Art in Public Places Program shall strive to stimulate the vitality and economy of the city and enhance Carlsbad’s reputation as a regional leader in arts and culture. March 16, 2021 Item #10 Page 56 of 76 BUDGET PROCESS There are two ways a public art project may be funded. These methods require Carlsbad Arts Commission and City Council approval. The methods used to fund a project are: Capital Improvement Projects Funding for public art was authorized by City Council on May 7, 1985, under chapter 2.18.130 (Appropriations for Arts) of the Carlsbad Municipal Code. Within this chapter, all city department heads are directed to include at least one percent of project cost estimates for a public art element when requesting Capital Improvement Projects (CIPs) authorizations or appropriations. All Capital Improvement Projects must include public art as a design requirement. For the purposes of the Art in Public Places Program, Capital Improvement Project means any of the following: 1. Construction, reconstruction, or renovation in excess of $500,000, involving any publicly owned, leased, or operated facility including any plant, building, structure, utility system, real property, streets and highways, or other public work improvement. 2. Street or streetscape improvement projects other than street repair or reconstruction. In the case of streetscape and right-of-way enhancement projects, streetscape means an improvement to a public right-of-way, including a sidewalk, tree, light fixture, sign, and furniture. Some funding sources (e.g., sources restricted to “transportation purposes” or “direct construction costs”) may prohibit formula-based expenditures for art. Thus, percent for art will not be collected from those sources. However, City Council may provide funding for public art for street or streetscape improvements from General Fund revenues on a case by case basis. 3. In the case of a publicly owned utility system, capital improvement project shall include only the construction, erection, improvement, of dams, reservoirs and power plants. For the purposes of the Art in Public Places Program, Capital Improvement Project does not mean any of the following maintenance work: 1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility (see 2.18110 b-1) for its intended purposes. 2. Resurfacing of streets and highways. 3. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. 4. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, and power plants. March 16, 2021 Item #10 Page 57 of 76 Annually, the Administrative Services Department of the City of Carlsbad will verify the one percent for public art allocation for all eligible CIP projects has been included in the budgeted amounts for City Council approval. As an alternative, where funding for eligible projects is restricted and cannot be used for public art, the City Council may appropriate percent for art funding from the General Capital Construction Fund or the General Fund. The funds for art allocations may be used for projects located at the direct site of the CIP project, or pooled for other future public art projects identified by the cultural arts manager and Carlsbad Arts Commission. The park in lieu fee funded percent for art allocations must be used for artwork at a park within the same quadrant where the fee was paid. Community Arts Projects The second method is a Community Arts Project. In addition to the above Capital Improvement Projects, the city may wish to provide art in other significant locations throughout Carlsbad. These projects may be initiated by a request from City Council or City Manager’s office, city departments or commissions, community members or groups or individual artists. Requests may include proposals for permanently placed artworks or temporary exhibitions or projects. Requests will be reviewed by the cultural arts manager and forwarded to the public art advisory committee and the Carlsbad Arts Commission. If approved, the recommendation will go to the City Council as a request for appropriation. In most cases, these projects will be listed in and submitted as part of the annual budget process. A Community Arts Project request should include the following information: A. Title of the Capital Improvement or Community Project identified for public art (if any). B. Location of the project (description and map). C. Source of funding for the proposed artwork. D. Fiscal year or years the project covers and the amount of funds requested per year. E. Amount of appropriation requested for the project in total. F. Proposed method of selection for the artist/artwork. G. General description of the artist’s involvement with the CIP project. H. Statement of project need. I. Project description (statement). J. Outline of operational costs (if any). K. Any additional information as required by the specific site, project or design. *F, G, I and K will be completed by the Cultural Arts Office. Funding for the Community Art Projects may come from individuals, community organizations or other city departments. City Council may also choose to fund public art projects from the General Fund, special projects fund or other sources. March 16, 2021 Item #10 Page 58 of 76 City Council Review All public art projects in the City of Carlsbad require City Council approval at three stages. These stages are: A. Appropriation of funds. B. Approval of contracts (both individual artists/artwork and integrated Capital Improvement Projects which exceeds the city manager’s authority). C. Final approval of the final design concepts. This approval is presented in the form of an agenda item, which is prepared by the Cultural Arts Office staff. INITIATING A PUBLIC ART PROCESS Responsibilities City Council 1. Appoints and empowers the Carlsbad Arts Commission. 2. Receives recommendations from the Carlsbad Arts Commission on public art policies and issues. 3. Reviews and adopts the annual Capital Improvement Project budget. 4. Approves final public artwork design concepts recommended by the Carlsbad Arts Commission. 5. Approves artists’ contracts for public art projects exceeding the city manager’s signature authority. 6. In the case of a CIP project where the artwork is an integrated part of that project, the City Council will be asked to approve the artwork as part of the project to go out to bid, not as a separate unit. The City Council will not be asked to make an aesthetic judgment. This will be determined by the Carlsbad Arts Commission after a process has been completed which has involved input from the public. 7. In the case of artwork which is not an integrated part of the capital improvement project, the City Council will be asked to approve the final design concepts. Carlsbad Arts Commission 1. Makes recommendations on policies and procedures related to the Art in Public Places Program. 2. Approves selection of public art and/or artist. 3. Serves as part of the public art advisory committee. 4. Approves changes and updates to the Art in Public Places Program policies and procedures. March 16, 2021 Item #10 Page 59 of 76 Public Art Advisory Committee Reports to the cultural arts manager on the following: 1. Offers recommendations on all public art projects. 2. Reports on possible public art sites. 3. Submits recommendations on site integrations, scope of project, selected media, selection criteria and process. 4. Reviews proposals. 5. Recommends policy to the Carlsbad Arts Commission. Cultural Arts Office 1. Determines and implements artist selection and review processes for public art projects. 2. Assembles public art advisory committee to assist in artist selection and review. 3. Handles all administrative components: a. Liaison to all groups: Carlsbad Arts Commission, city departments, outside agencies, community representatives and selection panels, public art advisory committee. b. Works with artists on contracts, proposal development and project coordination. 4. Provides education, publicity and information materials. 5. Reports to City Council on public art projects, issues and trends. 6. Manages, documents and conserves collection. 7. Implements approved program guidelines. 8. Develops and coordinates community involvement. 9. Works with private sector to promote the arts. 10. Works with private developers on public art projects in private development. Host City Department 1. Includes at least one percent of Capital Improvement Project cost in all construction projects for public art (or via the Administrative Services Department). 2. Coordinates project integration at site with Cultural Arts Office and artist. 3. Representative serves on selection panel/public art advisory committee. 4. Co-hosts dedication of public artwork. 5. Maintains artwork according to conservation directions in consultation with the Cultural Arts Office. March 16, 2021 Item #10 Page 60 of 76 Artworks The City of Carlsbad wishes to encourage the broadest interpretation of art and the diverse venues used by artists. Artworks may include all forms of original creations of visual art which may be portable as well as permanent. The various media and materials which can be used by contemporary artists include but are not limited to the following: 1. Sculpture: Free standing, wall supported or suspended; kinetic, electronic, etc., in any material or combination of durable materials. 2. Murals or portable paintings: In any material or variety of materials, with or without collage or the addition of non-traditional materials and means. 3. Earthworks, fiber works, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound film, holographic and video systems, hybrids of any media and new genres. 4. Standardized fixtures such as gates, streetlights, etc., may be contracted to artists for unique or limited editions, provided the work is designed specifically for the city as public art. 5. Architectural elements designed and executed by visual artists in collaboration with an architect or landscape architect; which may be incorporated into, upon or adjacent to publicly funded structures or projects such as streetscapes and other development efforts. 6. Design elements incorporated into a Capital Improvement Project that are designed by an artist for fabrication and execution by the project contractor. Exclusions The following items are identified as ineligible for inclusion in the city’s Art in Public Places Program. (These items may be funded through other programs or departments within the city, but they do not fall within the parameters of public art): 1. Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of the original work of art. 2. “Art objects” which are mass produced as a standard design such as playground equipment, fountains or statuary objects. 3. Reproductions, by mechanical or other means of original works of art, except in cases of film, video, photography, printmaking or other media arts, specifically commissioned by the city. March 16, 2021 Item #10 Page 61 of 76 4. Decorative, ornamental or functional elements which are designed by the building architect as opposed to an artist commissioned for this purpose. 5. Landscape architecture and landscape gardening except where these elements are designed by an artist and/or are an integral part of the work of art by an artist. 6. Services or utilities necessary to operate or maintain the artwork over time. 7. Existing works of art offered for sale or donation to the city which do not have an established and recognized significance as public art among art professionals and art appraisers. 8. Works of art which are not publicly accessible. 9. Works of art which cannot reasonably be maintained within the resources allocated by the residents of Carlsbad. Project Parameters In coordination with the schedule of the Capital Improvement Project or of a public art project obtained through other means, the Cultural Arts Office proceeds according to the following steps: 1. Project Identification: The Cultural Arts Office starts the project after consultation with the Administrative Services Department, Host City Department and the Carlsbad Arts Commission. 2. Administrative Parameters: Following initial consultations with the city department concerned with the project, the Cultural Arts Office will convene a meeting of the public art advisory committee. The public art advisory committee shall consider and make recommendation to the cultural arts manager and the Carlsbad Arts Commission regarding the following aspects: a. Project site and the scope of the project. b. Project guidelines to be used for the artwork. These guidelines might suggest the possible venue (mural, freestanding sculpture, architectural element, etc.) c. Selection criteria for the project to be used by the committee members. d. Project calendar developed in conjunction within the overall schedule. March 16, 2021 Item #10 Page 62 of 76 Following Cultural Arts staff and Carlsbad Arts Commission (if needed) approval, the following steps will be taken; 1. Administrative components: a. Develop and send requests for qualifications, requests for proposal(s) or prospectus to artists. b. Develop a project outline to further define the goals and objectives of the art project. c. Prepare all necessary materials, entries or proposals for the public art advisory committee. 2. The public art advisory committee meets to select an artist or an artwork. All finalist or selected artworks (proposals) should be ranked in the order of selection in case the chosen artists cannot complete the project. 3. Selection approval: All selections and finalists are submitted to the Carlsbad Arts Commission. Design Only 4. Upon acceptance of the artist by the Carlsbad Arts Commission, the Cultural Arts Office will negotiate a contract with the artist. 5. Design Phase: The artist develops the design in consultation with the Cultural Arts Office and the Host City Department. Design and Fabrication 6. When artwork includes fabrication, a contract is approved prior to the design phase for both design and fabrication. Upon acceptance of the design by the Carlsbad Arts Commission and approval from City Council, the artist may proceed to the fabrication stage of the contract. According to the terms and timetable defined in the contract, the project(s), plans, schematics and structural engineering drawings (if necessary) are submitted. Agency requirements or permits are obtained at this time. Payments will be outlined in the contract(s). Final payment is held until all phases of the contract are completed. 7. Project dedication: Dedication is planned with the Cultural Arts Office, artist, Host City Department and Communications Office. March 16, 2021 Item #10 Page 63 of 76 Site Selection Guidelines All sites for public art will be reviewed and approved by the Cultural Arts Office and the Carlsbad Arts Commission. The selection of an artwork and the appropriate media are determined on a project-by-project basis. The public art advisory committee will consider: 1. Accessibility of the site. The site must be accessible or visible to the public. 2. Interior or exterior placement. 3. Suitable locations for public art. Locations may include surface treatments on buildings, retaining walls or bridges. Other locations may include design elements or free standing works adjacent to or upon the Capital Improvement Project site. The definition of location may be expanded by an artist’s ability to extend the possibilities of public art in an unconventional manner. This will be considered on a case-by-case basis. 4. Appropriateness of materials in relationship to the overall project. This includes consideration such as durability and resistance to vandalism. 5. Community context should be considered in all cases. 6. Historical, environmental and cultural factors of the project area. 7. Environmental factors such as land forms, geographic features or predominate or pre- existing structures or landmarks at a Capital Improvement Project site. Community representatives will be consulted by the public art advisory committee when studying a public art site. Also, community representatives will be included in the public art advisory committee. Eligible Costs 1. Professional fees for the artist(s). 2. Required permits or certification fees including structural engineering. 3. Studio and operating costs incurred in the fabrication of commissioned artworks. 4. Fabrication costs including artist’s labor, materials, subcontractor and studio assistant fees, and contracted services required for production, transport and installation of the work of art. 5. Communication and indirect costs (including insurance and utilities). 6. Travel expenses of the artists(s) for consultation with the city or its agents, or for site study and/or inspection by the artist or the artist’s consultants doing research for the project. 7. Site preparation or modification directly related to the installation of the artwork. 8. All required services to install the commissioned artwork (including subcontractors), except site landscaping or modifications not directly related to the artwork. 9. Documentation from the artist of the artwork required by the city (i.e. accession report, conservation record, photo documentation, etc.). 10. Administrative costs. March 16, 2021 Item #10 Page 64 of 76 Ineligible Costs The city’s Art in Public Places Program will not fund the following: 1. Any fees paid to an artist’s agency, gallery or dealer; or any referral, commission or fee paid to an art consultant; or any fee paid to other arts professionals not directly involved in the engineering, fabrication or installation of the artwork. 2. Architectural or decorative elements designed by an artist, but not specifically commissioned by the city for a Capital Improvement Project site; or existing art elements which do not receive approval through the city’s regular public art acquisition process. 3. Any costs incurred as a result of cost overruns incurred by the artist or contractor. Administrative Costs Up to 20 percent of the funds budgeted for a public art project may be used by the city for administration or conservation and related expenses incurred in the process of commissioning a public artwork. These expenses may include the following: 1. Information and publicity materials regarding public art projects. 2. Consultant or curatorial fees for services utilized by the city in the selection of an artist. 3. Developing, printing and distributing a request for proposal, request for qualification or a call for artist’s project prospectus. 4. Travel expenses incurred by consultants and city staff deemed necessary to the project; and for artists selected as finalists who are required to travel for public art advisory committee meetings upon the city’s request. 5. Proposal development fees for artist upon being selected to design, exclusive of travel and per diem; or maquette fees as approved by the Cultural Arts Office. 6. Technical assistance or advice to the cultural arts office staff as required to inspect, develop or install an artwork. Also, costs incurred in relationship to any structural integrity and safety compliance inspection or examination. 7. Rental of storage space as required which may be due to delay installing the work, should the city fail to prepare the site at the agreed upon installation date. 8. Documentation and media services required in the accession of the artwork into the public art collection, including plaques or labels. 9. Project dedication ceremonies and civic receptions related to public art projects. 10. Conservation costs: (See below for more details). 11. Community involvement and education related to public art. March 16, 2021 Item #10 Page 65 of 76 Conservation Costs Part of the 20 percent administration costs for a public art project may be held in a trust fund to conserve, maintain and repair artworks as needed by the city. The percentage amount will be determined by the Cultural Arts Office, and may be used as follows: 1. Routine maintenance: Removal of dust, dirt, maintenance of protective surfaces; tightening, adjusting or oiling; trimming of plant material (if part of the actual artwork), general cleaning (usually paid by the Host City Department). 2. Cyclic maintenance: Repainting, sealing, disassembly for inspection, reapplying protective surfaces, repatination (in specific cases). 3. Repair or restoration: Replacement of damaged or broken parts, manufacture of defective components, replacement of substructures or mountings, resurfacing (in extreme cases). 4. Removal and/or deaccession: The removal and destruction of an artwork upon the determination for deaccession and disposal as described in the deaccession report. 5. Inspection: Any costs related to the inspection of a public artwork, including the fees or costs incurred in hiring conservation professionals as consultants. The conservation fund will not be used for the relocation of an artwork. The only exception will be if the relocation is to protect the work. In most cases, the host city department should pay for any relocation requested by that department. Funding for conservation costs and other maintenance may also be funded by direct allocation by City Council for such activities. SELECTON PROCEDURES General Process The following methods may be used to select public art: 1. Open Competition: The proposed commission and site are widely publicized. Proposals are accepted from all qualified artists. A “Call to Artists” prospectus will be mailed to artists registered with or requesting forms from the Cultural Arts Office. Depending on the size of the commission, the competition may be local, regional or national. No proposal development fee will be paid at the initial stages. A fee will be paid to finalists only following their selection and upon approval by the Carlsbad Arts Commission. 2. Limited Competition: A small number of artists will be invited to participate in the competition. Each artist will be paid a fee to develop a proposal to be presented to a public art advisory committee for study and recommendation. 3. Collaboration: Based on reputation and experience, an artist is invited to develop a proposal for the site or to work collaboratively with architects, engineers or landscape architects to create artwork integral to a project. 4. Artist Registry: Periodically, the Cultural Arts Office may send out a call for artists or a request for qualifications to develop an artist registry for future public art projects. March 16, 2021 Item #10 Page 66 of 76 Artists will be required to submit specific information to the Cultural Arts Office to be included in the registry for consideration for future public art projects. From time-to- time, selection committees may review the registry in selecting artists for art in public places project. In addition, the registry can be made available to developers as a resource. Applicants may also be considered for temporary exhibitions or special community projects. When the Cultural Arts Office opens the registry for submissions, a public art advisory committee will be convened to act as a selection panel. The artist’s registry offers the opportunity to consider all interested artists. Public Art Advisory Committee The public art advisory committee advises the Cultural Arts Office and Carlsbad Arts Commission on matters pertaining to public art and acts as the selection committee for public art projects. The members of a public art advisory committee will be selected on the basis of each members’ specific expertise relating to public art or relationship to the project. Public art advisory committees may be convened by the cultural arts manager on a project specific basis or to serve on multiple public art projects. The committees meet (as necessary) to complete the artist selection or proposal review. Voting members: All voting members shall meet the criteria established in at least one of the following four categories: 1. Artists or arts professionals who are: a. Knowledgeable about contemporary art of related fields. b. Respected within their field. c. Capable of communicating effectively in a jury process. d. Willing to be available for multiple or follow-up meetings if necessary (No geographical restrictions on artists or arts professionals selected). 2. Carlsbad Arts Commission members who are assigned to the public art committee and who are: a. Willing to represent the commission and the local community’s interest in a public art project. b. Willing to familiarize themselves with the public art process. c. Capable of communicating effectively in a jury process. d. Willing to be available for multiple or follow-up meetings if necessary. 3. Residents of Carlsbad who are: a. Willing to represent the local community’s interest in a public art project. b. Willing to familiarize themselves with the public art process. c. Capable of communicating effectively in a jury process. d. Willing to be available for multiple or follow-up meetings if necessary. March 16, 2021 Item #10 Page 67 of 76 4. City or other agency representative(s) who: a. Represent the department or departments involved in the project to include public art. b. An expert in the design, planning or implementation of the specific project involved. c. Willing to carry out the City Council’s mandate to implement an arts element. d. Willing to be available for follow-up meetings and department consultations. Non-voting members: The purpose of non-voting members is to offer advice and expertise to the public art advisory committee. The panel may include the following non-voting members: a. Cultural Arts Office staff members. b. City department or agency representatives. c. Architects or engineers who may be involved on a Capital Improvement Project. d. Neighborhood association representatives or residents at large who live in the community. e. State or federal agency representatives either providing funding or granting permits for a public art project. f. Experts of paid consultants who have specialized knowledge required for a specific aspect of a project. The public art advisory committee shall have the following responsibilities: a. Recommend artist(s)/artwork for each project to the Carlsbad Arts Commission. b. The cultural arts manager will facilitate the Carlsbad Arts Commission’s determination of the public art advisory committee. c. The Carlsbad Arts Commission shall appoint two to three members to serve on the public art advisory committee. The public art advisory committee shall serve at the discretion of the cultural arts manager and may be removed by the cultural arts manager. March 16, 2021 Item #10 Page 68 of 76 Selection Guidelines Selection guidelines are established for each project by the Cultural Arts Office staff, with input from the Carlsbad Arts Commission. Each proposed project will be evaluated as to: artistic merit and appropriateness in terms of scale, materials and context relative to the site. Artists will be selected on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project, and its probability of successful completion. In selecting artists and works of art, the panel shall recommend those artists and works of art of the highest aesthetic and artistic quality, and those which fulfill the goals of the project and the Art in Public Places Program. In all cases, consideration will be given to content, materials, construction, durability, maintenance, public access and safety; as well as site selection guidelines on page 12. The Carlsbad Arts Commission will review the selection forwarded by the public art advisory committee and vote to accept or reject the recommendation. If the Carlsbad Arts Commission approves the selection, the Cultural Arts Office will proceed with the project and initiate the City Council approval process. Appeal Process The Carlsbad Arts Commission and the Cultural Arts Office have adopted a policy that provides for a process of appeal by an organization or individual whose proposal was not approved. The city manager makes final decisions in all matters in dealing with the denials of public art proposals based on staff input and the Carlsbad Arts Commission recommendations. Arts Commission meetings are public meetings held throughout the year, and provide opportunities for citizen comments on program guidelines, general and specific Carlsbad Arts Commission and Cultural Arts Office policies, objectives, budget requests, and other matters. During these meetings, public comment from organizations, artists and members of the public is encouraged. Contact the cultural arts manager for more information regarding an appeal of any public art proposal submission. INSURANCE AND RISK MANAGEMENT 1. All public artworks commissioned by the city will be submitted to the risk manager at the planning and contract negotiation stages. 2. The risk manager will determine: a. If liability insurance will be required. b. The extent of coverage and limits of liability. c. Any additional insurance or coverage required for fabrication and installation. 3. All artists working on a public art project are required to provide proof of automobile liability coverage to the risk manager if driving within the City of Carlsbad. 4. Additional certificates of coverage may be required if requested. March 16, 2021 Item #10 Page 69 of 76 POLICY ON DONATED WORKS, GIFTS AND ACCESSIONS Acquisitions Policy Donated Works Ordinance No. 1279, Chapter 2.18 of the Carlsbad Municipal Code states that the Arts Commission shall have power to “review and make recommendations upon all works of art to be acquired by the City, either by purchase, gift or otherwise and their proposed locations”. The City of Carlsbad encourages donations of works of Art in Public Places Program. As the City of Carlsbad grows, more and more people are interested in contributing to the cultural life of the city through the donation of works of art. There are instances, however, where work may be significant but not appropriate to accept: the work may be too costly for the city to install, or no appropriate site can be found, or maintenance may be costly; for example. The city wishes to encourage donations of works of art, but at the same time it must be sensitive to its fiduciary and stewardship responsibilities as well. When gifts or donations are proposed for the commissioning or placement of major works of art or works of cultural or historic significance with any city department, the proposal shall be reviewed by the cultural arts manager and forwarded to the Carlsbad Arts Commission for review and consideration. This procedure shall also apply to works of art proposed for long- term loan to the city long term loan is defined as any loan longer than one year. Objectives of this policy are:  To provide uniform procedures for review and acceptance of gifts and long term loans of works of art or works of cultural or historic significance to the City of Carlsbad.  To vest in a single city agency the responsibility for ensuring management and oversight of the city’s public works of art.  To facilitate placement of works of art in city facilities or on city land.  To maintain high artistic standards in works of art displayed by the City of Carlsbad.  To provide for appropriate recognition of donors of works of art to the City of Carlsbad. Procedures for potential donors are as follows: 1. The donor notifies the Cultural Arts Office in writing of his/her desire to donate an artwork or works of cultural or historic significance to the city, providing as many details as possible about the proposed gift. 2. Cultural Arts Office staff may consult with the donor on site selection and in development of cost estimates for installation and maintenance. The donor may also be asked to provide a professional appraisal of the artwork and disclose the value in writing. 3. The cultural arts manager will convene a public art advisory committee to review the proposed donation. March 16, 2021 Item #10 Page 70 of 76 4. The public art advisory committee shall develop a recommendation on the acceptability of the gift of artwork based on the following criteria: a. Its aesthetic quality. b. The professional credentials of the artist. c. Its suitability for public display in terms of: vulnerability to vandalism; safety; costs of site preparation, installation and insurance; and technical feasibility. d. The most appropriate site for its installation and the ability of the recipient city department to maintain the site and the artwork. 5. The recommendation of the public art advisory committee is then brought forward to the Carlsbad Arts Commission for consideration. 6. If the Carlsbad Arts Commission rejects the donation offer, it is returned to the donor. If the Carlsbad Arts Commission decides to move forward on the donation proposal, they can proceed in two ways: 1. The Carlsbad Arts Commission can make a recommendation to City Council to accept the artwork donation. 2. The Carlsbad Arts Commission can seek public input. Information about the work (model, renderings, artist information) is put on public display for review and comments from the public. Comments are then brought back to the Carlsbad Arts Commission who considers the matter for a second time and in turn, rejects the donation proposal or makes a recommendation to City Council to accept the artwork. 3. The City Council accepts the gift. 4. The city will only accept gifts without restrictions and waiver of all rights. Upon acceptance of the art donation/gift, the Cultural Arts Office will complete an accession report along with a conservation record and an accession report. Once the gift and donations are accepted by City Council, the artwork becomes a part of the city’s public art collection. Temporary Public Art for Exhibition: All of the above policies apply to donated artworks with the following exceptions: 1. An appraisal may or may not be required for temporary artwork. 2. The Carlsbad Arts Commission will make the determination if a temporary artwork loan is appropriate. 3. City Council approval will not be required for temporary art, except in cases involving public safety or other issues identified by the Cultural Arts Manager or the Commission. 4. Temporary public art and other visual art programs initiated or sponsored by the Cultural Arts Office do not require Carlsbad Arts Commission or City Council approval. March 16, 2021 Item #10 Page 71 of 76 Donated Funds for Public Art From time to time, individuals, civic business or corporate groups may wish to donate funds for the acquisition and placement of public art within the city or for maintenance of public artworks. The Carlsbad Arts Commission and the city wish to encourage donations of artwork or funds to acquire and maintain artworks. All donated funds will be deposited in a special revenue account dedicated for the purpose of supporting public art upon acceptance by the City Council. All funds will be accepted without restriction or stipulations. All funds will be spent in accordance with the provisions of the acquisitions policy, with the exception of sections addressing appraisal and review for acceptability of the gift. Artworks acquired with the donated funds will be selected according to the selection procedures outlined in this document (see page 15). Panel Review Process for Gifts and Donations A public art advisory committee will review the artwork and develop a recommendation for the Carlsbad Arts Commission on the acceptability of the gift or donation. The donation will be processed according to the procedures outlined in the Art in Public Places Program. Upon acceptance of the art donation/gift, the Cultural Arts Office will complete an accession report along with a conservation record. Once the gift and donations are accepted by City Council, the artwork becomes part of the city’s Art in Public Art Collection. March 16, 2021 Item #10 Page 72 of 76 COLLECTION MANAGEMENT Collection Management Goals One of Carlsbad’s Art in Public Places Program goals is to administer, maintain and conserve the public art collection. The premises for this goal are as follows: 1. Public art held in the civic collection are held as a public trust. The Host City Department has a legal obligation to protect artworks as both public assets and as objects of cultural significance. 2. Public art which is well cared for demonstrates a commitment to the cultural vitality of the city, and is a symbol of a community’s civic pride. 3. The care and maintenance of a public artwork preserves the original intention of both the artist and the civic leaders who sponsored the artwork. 4. It is less expensive to maintain an artwork on a routine basis that it is to restore a damaged or neglected artwork. 5. A well-maintained artwork is a fixed public asset which retains its value and may appreciate in value over time. All artworks acquired by commission, purchase, gift, or other means will be a fixed asset of the Host City Department and the city, and all artworks within the public art collection will fall under the administrative authority of the Cultural Arts Office. To ensure that the city and the public are offered a full accounting of public funds and assets regarding the public art collection, the Cultural Arts Office will maintain a complete registry of works within the collection. Responsibilities: Cultural Arts Office: The Cultural Arts Office will provide for the inspection of and will report on each work of art in the public art collection on an ongoing basis, including the following information; a. Present location of the artwork. b. Present condition of the artwork. c. Recommendations in regard to necessary maintenance or repairs of the artwork. d. This regular inspection may be carried out by Cultural Arts Office staff, or may be contracted to a qualified individual or an approved conservation service. Host City Department: a. Routine maintenance will be the responsibility of the Host City Department in consultation with the Cultural Arts Office. All repairs must be consistent with the routine maintenance schedule as completed by the artist and the Cultural Arts Office. b. In the case of extraordinary maintenance or repairs to the artwork, the Host City Department and the Cultural Arts Office may negotiate the manner and funding for the repairs. March 16, 2021 Item #10 Page 73 of 76 c. The Host City Department will not affect any extraordinary maintenance or repair to an artwork without the consent of the Cultural Arts Office. d. The Host City Department will not move an artwork from the site for which it was selected or remove it from display without prior approval of the Cultural Arts Office and the Carlsbad Arts Commission. Deaccessioning Policy Deaccessioning is defined here as the process by which the Cultural Arts Office and the Carlsbad Arts Commission recommends, acting in accordance with the policies and procedures City Council has adopted, approval to oversee the disposal of a work of art from the City of Carlsbad’s public art collection through sale, trade or other public means. Periodically, the city’s public art collection shall be evaluated by the Cultural Arts Office in order to determine what works, if any, will be deaccessioned. It is recognized that the deaccessioning of artworks is a very delicate matter, and must be handled with the greatest diplomacy. Any apprehension on the part of donors and/or artists that their works might be disposed of to pay operating expenses or to satisfy the trading desires of the city could easily discourage and alienate potential donors and/or artists. Moreover, if not properly conducted, deaccessioning can cause irreparable harm to the city’s public art collection and, in certain cases, lead to legal action against the city. The Cultural Arts Office has a fiduciary obligation to maintain the public art collection for the benefit of Carlsbad residents. The policies outlined below shall be subject to periodic review. From time to time, as necessary, the Carlsbad Arts Commission may recommend incorporation into this policy such additional guidelines as it deems essential. Policies 1. No work of art may be deaccessioned until all policies set forth below have been observed. 2. Criteria for selecting works for deaccessioning: The City of Carlsbad may choose to deaccession works only if, in the opinion of the cultural arts manager, they meet at least one of the following criteria: a. If the city cannot properly care for or store the works. b. If the works have little or no aesthetic and/or historical/cultural value. c. If the works represent in large quantity a single artist of minor stature. In such a case, staff may recommend it both sufficient and desirable to retain only a representative selection. d. If the works are duplicates (e.g., prints, sculptures, multiples) of lesser quality of works already in the collection. e. If the work are copies or pastiches without significant historical, documentary or aesthetic value. March 16, 2021 Item #10 Page 74 of 76 f. If the works are forgeries or fakes. The Cultural Arts Office staff is responsible for ensuring that any forgery or fake it disposes of be identified as such when it leaves the city’s public art collection. g. Works whose condition requires restoration in gross excess of their aesthetic value or works is such a deteriorated stat that restoration would prove either unfeasible or misleading. 3. Application of monies raised from deaccession. Monies raised from the sale of deaccessioned works shall be placed in a special revenue fund to be used only for acquisitions of new works or restoration for works in the city’s public art collection. 4. Deaccessioning through trade. In some cases, the Carlsbad Arts Commission may recommend to trade a deaccessioned work for another by the same artist. 5. All deaccessioned works are disposed of through public negotiations whether by sale, trade, or other means; unless that artwork is determined to be destroyed and beyond repair. In the first instance, the original artist will be offered the deaccessioned work, to be removed at the artist’s expense. 6. Acknowledgements. In acquiring an object through trade or through monies raised from the sale of deaccessioned objects, the Cultural Arts Office acknowledges in the credit of the acquired object the donor(s) of the original object or objects. 7. No work of art may be deaccessioned from the city’s public art collection before five years have elapsed; unless that artwork is deemed to be destroyed and not repairable. 8. In keeping with the California Resale Royalties Act, if a deaccessioned work of art is sold, 5 percent of the sale price of any work valued over $1,000 will be given to the artist who created the work, provided that the artist can be located by reasonable means. If the artist cannot be found, the Resale Royalty shall revert to a City of Carlsbad special revenue account dedicated for the purpose of supporting public art. 9. A recommendation for deaccessioning will be developed by the cultural arts manager and presented to the Arts Commission for review and approval. The Carlsbad Arts Commission will make a recommendation to City Council for deaccession. City Council ultimately makes the final determination. March 16, 2021 Item #10 Page 75 of 76 Request for Removal or Relocation of Public Art Procedures A person wishing to remove or relocate a work in the City of Carlsbad’s public art collection from its current display location must first complete a “Request for Removal or Relocation of Public Art” form (hereinafter, “request”) sign his/her name, and mail or email the completed form to the Cultural Arts Office. The request will be reviewed by the cultural arts manager. The cultural arts manager shall review the request and all available and relevant file material associated with the original development of the project. The cultural arts manager will forward a recommendation to the Carlsbad Arts Commission. The Carlsbad Arts Commission will then review the “request”, associated file materials and the cultural arts manager’s recommendation and vote on a recommendation. If the Carlsbad Arts Commission disagrees with the complainant and votes not to recommend removal or relocation of the artwork, the matter ends. If the Carlsbad Arts Commission agrees with the complainant and votes to recommend removal or relocation of the artwork, the recommendation will be forwarded to City Council for final decision. The complainant shall be notified of the Carlsbad Arts Commission’s decision within 120 days of submitting the request. Deaccessioning Report The Cultural Arts Office will determine to deaccession a work of art when necessary due to deterioration, loss or transfer by gift, sale or exchange. Deaccessioning an artwork will be recorded. A brief report should accompany these records stating who authorized the deaccession of the work, when the work was removed and how the work was disposed of. March 16, 2021 Item #10 Page 76 of 76 Expansion of the Parks & Recreation Department Memorial Program Kyle Lancaster, Parks & Recreation Director Richard Schultz, Cultural Arts Manager March 16, 2021 Recommended Action Adopt a resolution approving the expansion of the City Council adopted Parks & Recreation Department Memorial Program and appropriating $40,000 from the General Fund to the Parks Maintenance Operating Budget in the current fiscal year 2020-21 2 Agenda Item Background •Aug. 25, 2020 –City Council approved a minute motion –Bring back the program for review and potential action •Oct. 13, 2020 –City Council received a presentation on the existing program and approved a new minute motion 3 Minute Motion (Oct. 13, 2020) •Staff to work on expanding the program to include: –More geographic areas –e.g., Ocean St. beach entries –Non-tree and non-bench items –e.g., sculptures –Inflation for the Consumer Price Index increase 4 More Geographic Areas •Staff recommends expanding (from only city parks) to: –All city-owned or controlled preserves, trails, beach accesses, facility landscapes and street rights of way •Exact placement of items to remain at staff’s discretion 5 Additional Items to be Donated •Staff recommends expanding (from only concrete benches and various species of trees) to include: –Cohenagen benches, hoop bike racks, pedestal barbeques and art cairns •Would appeal to larger set of interests and experiences 6 Copenhagen Benches •Consist of six and half foot long black cast iron frames and Ipe’ hardwood slat construction –Plaques to be installed in mounting surfaces or walls •Currently in place within the city’s Ocean Street beach accesses and the downtown street rights of way 7 Copenhagen Benches 8 Hoop Bike Racks •Consist of three foot tall black powder coated steel frames and may include laser-cut horizontal face plates –Plaques to be installed in mounting surfaces or walls •Currently in place within the city’s beach accesses, the downtown rights of way, and limited parks 9 Hoop Bike Rack Pedestal Barbeques •Consist of three foot square colored concrete pedestals, with cast iron grills and ash depository receptacles –Plaques installed in mounting surfaces or pedestals •Currently in place within the limited city parks 11 Pedestal Barbeques 12 Art Cairns •To address consideration of sculptures in the expansion –Historically used as memorials or landmarks •Consist of three foot tall unique sculptures of stacked stones on horizontal or vertical mounting bases •Plaques to be installed in bases of sculptures 13 Art Cairns 14 Art Cairns •To be a work of art, crossing one’s path and serving as: –A moment of reflection –A place where loved ones are celebrated –A space for honoring those who came before us and our history –A source for a calming and contemplative experience 15 Art Cairns •Focus will be on working with local artists and selecting geographically resourced and sustainable materials •The placement of these artistic memorials near walkway - trail entries and gathering places is intended to enhance the landscape and display a sense of prominence 16 Existing Bronze Plaques •Are in horizontal orientation, 5-inches tall by 8-inches wide, and installed by staff •Were purchased by the donors directly from local vendors (~$250) and provided to staff for installation –Donors responsible for any needed replacements 17 Recommended Bronze Plaques •Include the option of a vertical orientation, 8-inches tall by 5-inches wide •Provide templates for enhanced consistency of the background tone and the font type/size used •Retain practice of donors purchasing and providing 18 Recommended Bronze Plaques 19 CONSTANTINE ANDERSON Will always be in our thoughts Odist as reperch icimpor erchictum auta volectat ommoles equatium voluptatiae idiam doluptatem facesti oressi sam cus dolorum, te et utet qui in net ea In loving memory of CONSTANTINE ANDERSON Odist as reperch icimpor er- chictum auta volectat om- moles equatium voluptatiae idiam doluptatem facesti ores- si sam cus dolorum, te et utet qui in net ea soluptisque non- estectet etumquias enditem quos nusapid Installation of Bronze Plaques 20 Installation of Bronze Plaques 21 Installation of Bronze Plaques 22 Amounts for Memorial Items •On average, the recommended amounts of the items equate to approximately two-thirds of the costs of materials, fabrication and equipment associated with the placement •The remaining one-third of those costs, and the ongoing maintenance and replacement costs, would be anticipated as expenditures from the Parks Maintenance Operating Budget 23 Amounts for Current Memorial Items •5-gallon container tree - $275 •24-inch container tree - $475 •36-inch container tree - $875 •48-inch container tree - $1,350 •6-foot concrete bench - $1,150 24 Amounts for New Memorial Items •6.5-foot Copenhagen bench - $1,850 •3-foot hoop bike rack - $475 •3-foot pedestal barbeque – $1,350 •3-foot art cairn - $2,250 25 Ongoing Appropriation of Funds •Staff will be recommending the City Council appropriate $40,000 ongoing annual funds, starting in fiscal year 2021-22 –Supplemental budget request included in citywide budget –Funds used to offset the one-third of costs referenced •Staff anticipates a significant increase in memorial items 26 Initial Appropriation of Funds •Staff is recommending the City Council appropriate $40,000 to Parks Maintenance Budget in the current fiscal year –These funds would be used to hire an artist to finalize designs, develop the fabrication details and release the rights for future fabrications of the art cairns –Funds also to be used to design and print new brochures 27 Memorial Program Brochure 28 Gifts That Last For Generations Dedicating a m<emorial tree or bench in a city park is a wonderful tribute to a loved one or friend, a unique way to comm<emorate a special occasion, and provides a gift to the whole community. l=s are planted in public parl<sso everyone can enjoy the shade, beauty and enjoyment a living tree provides. This inspirational gift will grow stronger avtt time, will be vibrant with life year after year, and will ultimately benefit us all. Enhancements to our beautiful parl<s improve the quality of life in our community. Park benches can provide a pleasant place of contemplation for park visitors. They enhance our sense of belonging and community, and make our parl<s more enjoyable for everyone. The greatest things in the world are pleasant thoughts; and the great art of life is to have as many of them as possible. !Kochel de M<,ta;gne Catyof Carlsbad www.carlsbadca.gov/parl<sandrec Co"trib1A10ns.lo theGtpof~•l'll'c:on~CNriu'- do~m. The lmet"NI R--Servi0t o:,lt5id,ers tkC,ty of ~ to be 1qu.1hfied charubleOf!P~~IIS Code S«tiorl 170 ~1 j..Cor,tfibutiolls lo the Cey d urlsbad _..be ~eadu~ b public p.aposes,.a,eaqual&d ~ritlble donation and can bedecklcled as MJth. Cit)' of Cafflbadl11Dt~79). Thecitydoesl'Cl1offiefWtadvice and ITIIIMS !IO re~Mltiof'lt.a$ '° the 6educ1tb,6t)' of.,., gift. Plta1-eCOl'Ul.llt1QU'IU~l (ettyof Qu-lsbad ParllS I Recrtallall Accommodating Requests for Items •Requests for previously donated memorial items have been accommodated in the sequence of their receipt by staff, and •Requests for previously donated memorial items have been accommodated as one item from each amenity, per tribute –Staff recommends the continuation of these practices 29 Options for Expanding Program •Staff recommends City Council approve the full set of options, with changes to be effective starting July 1, 2021 •City Council may, however, select any combination of the options of geographic areas, memorial items and dollar amounts provided, and direct staff to expand program 30 Opportunities Beyond Program •City Council Policy No. 48 -Naming Rights of Parks, Municipal Facilities and Amenities within those Facilities –Offers other forms of public recognition via naming rights •City Council-adopted Art in Public Places Program –Offers opportunities to propose donating works of art that are described in the program’s acquisitions policy31 Recommended Action Adopt a resolution approving the expansion of the City Council adopted Parks & Recreation Department Memorial Program and appropriating $40,000 from the General Fund to the Parks Maintenance Operating Budget in the current fiscal year 2020-21 32 Expansion of the Parks & Recreation Department Memorial Program Questions/Discussion