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HomeMy WebLinkAboutResolution 2021-172 N.C.S. 10/18/2021 DocuSign Envelope ID: B98E26OC-A8CB-4A61-BA99-7C425ABBOD9E Resolution No. 2021-172 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY OF PETALUMA CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE A TRUST AGREEMENT WITH RORY KELLER FOR A GIFT TO THE CITY'S PUBLIC ART COLLECTION WHEREAS, on June 17, 2013, the City Council of the City of Petaluma adopted the Petaluma Public Art Master Plan (Resolution 2013-064 N.C.S.), created by the Petaluma Public Art Committee with consultant Chandra Cerrito/Art Advisors LLC; and WHEREAS, the Petaluma Public Art Master Plan includes detailed recommendations for enhancing Petaluma's public art program, including the policy on gifts and loans of artworks to the City; and WHEREAS, the Petaluma Public Art Master Plan states that artworks accepted by the City as gifts or loans should be compatible with the goals of the Public Art Program and should be evaluated by the Petaluma Public Art Committee for acceptance by the City on the basis of the criteria specific in section 18.090(B) of the Public Art Ordinance; and WHEREAS, a source of funding for the ongoing maintenance and conservation of the artwork should be identified using the Public Art Fund as outlined in the Public Art Master Plan,including gifts and loans of artwork; and WHEREAS, in January 2021, Petaluma resident Rory Keller offered to donate a sculpture by Marco Cochrane to the City of Petaluma entitled Truth is Beauty; and WHEREAS, on March 8, 2021, the Petaluma Public Art Committee considered the gift and voted unanimously to recommend to the City Council that the City accept Truth is Beauty for future transfer of ownership from Rory Keller with the understanding that Rory Keller will contribute finances associated with relocating the sculpture from its current location and reinstalling the artwork with a new concrete foundation in a public location, yet to be determined, however, the City remains responsible for site preparation, landscaping, new signage, new lighting, and ongoing maintenance expenses; and WHEREAS, the Public Art Committee also acknowledged that as part of the City's permanent public art collection that the ongoing maintenance and repair would be funded from the public art fund, consistent with Section 18.190 of the Public Art Ordinance; and WHEREAS, Rory Keller requests a written commitment from the City to this effect, solidifying the future ownership and care for the artwork by the City of Petaluma; and WHEREAS,Rory Keller is currently the sole owner of the artwork and agrees to put the artwork into a trust agreement with the City of Petaluma; and WHEREAS, Rory Keller will transfer ownership of the artwork to the City within thirty (30) years' upon selling her home where the artwork is currently located, though in case of Ms. Keller's death before her partner, Ray Hendess, the artwork will not transfer ownership until the house is sold after her death; and Resolution No. 2021-172 N.C.S. Page 1 DocuSign Envelope ID: B98E26OC-A8CB-4A61-BA99-7C425ABBOD9E WHEREAS, the artwork will be displayed by the City in a central location in Petaluma that is easily accessible,highly foot-trafficked, in a public space where viewers can approach the artwork at close proximity to enjoy the features and craftsmanship of the artwork, and if possible, Rory Keller will be consulted about future locations if she is available; and WHEREAS, the City will create a maintenance and installation plan with consultation from the artist Marco Cochrane that can be referenced if the artwork needs to be relocated in the future after becoming part of the City's public art inventory; and WHEREAS,under the California Environmental Quality Act, the execution of this contract is exempt given pursuant to CEQA Guidelines Section 15378, that it is unforeseeable that it will have a direct or indirect impact on the environment and is administrative activity of government and additionally, the future site selection and installation of the artwork on City property will be reviewed in compliance with the California Environmental Quality Act; and WHEREAS, on October 18, 2021, the City Council at a duly noticed regular meeting to consider the recommendation of the Public Art Committee and gift offer from Rory Keller to transfer ownership of the artwork to the City of Petaluma; and WHEREAS, on October 18, 2021 and prior to acting on this request, the City Council considered the staff report analyzing the Policy on Gifts and Loans of Artworks request and any comments from the public and staff; and WHEREAS, staff recommends that the City Council approve this Resolution authorizing the City Manager to commit future public art funds to the acquisition of Truth Is Beauty and execute a trust agreement between Rory Keller and the City of Petaluma for the artwork's future ownership transfer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. The execution of this contract is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378 given that it is unforeseeable that the artwork will have a direct or indirect impact on the environment and is administrative activity of government. Additionally, the future site selection and installation of the artwork on City property will be reviewed in compliance with the California Environmental Quality Act. 3. The Petaluma Public Art Committee recommended that the City accept a gift from Rory Keller to add the artwork Truth Is Beauty by artist Marco Cochrane to the City of Petaluma's public art collection based on Cochrane's renowned artistic quality as evidenced in his artworks, Cochrane's reputation as a nationally- recognized artist whose artworks have been exhibited at acclaimed art festivals and museums across the United States, and Cochrane's presence in the creative community as a Petaluma-based artist. 4. Under the following terms,Rory Keller agrees to enter a trust agreement with the City of Petaluma in transfer of ownership of the artwork Truth Is Beauty: a. Rory Keller will transfer ownership of the artwork to the City within thirty (30) years' upon selling her home where the artwork is currently located, though; b. In case of Ms. Keller's death before her partner,Ray Hendess,the artwork will not transfer ownership until the house is sold after her death relocation costs to be born by Rory Keller; Resolution No. 2021-172 N.C.S. Page 2 DocuSign Envelope ID: B98E26OC-A8CB-4A61-BA99-7C425ABBOD9E c. Ongoing maintenance and repair of the artwork to be responsibility of the City through funding in the Public Art Fund, as consistent with Chapter 18.190 of the Public Ordinance; d. City Staff develops and retains an appropriate maintenance and installation plan with consultation from the artist Marco Cochrane; e. Rory Keller receives a written commitment from the City to this effect, solidifying the future ownership and care for the artwork by the City of Petaluma. 5. Based on its review of the entire record herein, including the October 18, 2021 City Council staff report, all supporting, referenced, and incorporated documents and all comments received and foregoing findings, the City Council hereby authorizes the City Manager to commit future public art funds to the acquisition of Truth Is Beauty and execute a trust agreement between Rory Keller and the City of Petaluma for the artwork's future ownership transfer upon provision of certificates of ownership and other required documentation acceptable to the City Attorney and City Risk Manager. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a Regular meeting on the 18'day of October DocuSigned€9rm: 2021,by the following vote: City Attorney AYES: Mayor Barrett;Barnacle,Fischer;Healy,King,McDonnell,Pocekay NOES: None ABSENT: None ABSTAIN: None DocuSigned by: DocuSigned by: _c� ATTEST: City Clerk Mayor Resolution No. 2021-172 N.C.S. Page 3