cc 2022 AR 10/25 vista skatepark mural approval — Vista City Council, October 25, 2022

•
® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
❑ SUCCESSOR AGENCY
REPORT ❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: Recreation & Community Services Item No: C6 Prepared by: Jessica Boensch, Management Analyst Meeting Date: October 25, 2022 Mike Pacheco, Director
Approved by: Amanda Lee, Assistant City Manager Agenda Location: Consent Calendar SUBJECT: VISTA SKATEPARK MURAL APPROVAL ("ELECTRIC EXPLORATION") RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the Public Arts Commission recommended mural titled "Electric Exploration", in accordance with Vista City Council Policy 400-04, Artworks in Public Places.

CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation.

PRIOR ACTION: None.

PRIOR PUBLIC ARTS COMMISSION ACTION: On October 4, 2022, recommended the mural titled "Electric Exploration" by Tierrez Art to be installed at the Vista Skatepark located at 510 N. Santa Fe Avenue at Connecticut Street within the public right-of-way (Vote: 4-0, Richards abstained; Summit absent).

STATEMENT ON THE SUBJECT: The City is currently partnering with the Kiwanis Club of Sunrise Vista (Kiwanis Club) to renovate the Vista Skatepark located at 510 N. Santa Fe Avenue at Connecticut Street.

As part of this project, staff posted a Call to Artists to request proposals for a new mural (Exhibit 2). On August 1, 2022, applications opened to Vista residents and Vista Unified School District (VUSD) students.

All submissions were due no later than September 1, 2022.

Six proposals were submitted by five artists. Each artist's proposal is included in the Public Notice attached as Exhibit 4. On October 4, 2022, the Public Arts Commission selected the proposed mural titled "Electric Exploration" by Tierrez Art for public display. The mural depicts deep sea creatures on an abstract background and aims to embrace skating culture through its colors and design. Cara and Ricardo Tierrez are Vista residents with a passion for art who work as a nurse in Vista and a San Diego County Park Ranger, respectively. The full application recommended for approval is included as Exhibit 3. As part of the partnership with the Kiwanis Club, the selected artists have agreed to schedule times that VUSD Key Club members can assist with mural painting, which is expected to be complete by December 23, 2022.

FISCAL IMPACT: The selected artist will receive a stipend of$4,000 which is intended as both an honorarium and material compensation. Sufficient funds are available in the Fiscal Year 2022/23 Operating Budget Public Art Account (No. 0010500.521030.GALRY).

ACTION: Approved above recommendation, adopted City Council Resolution No. 2022-153.

Vote: 5-0
Clerk/S cretary
10/25/2022 C6 1 of 34

MEETING DATE: October 25, 2022
PAGE 2
SUBJECT: VISTA SKATEPARK MURAL APPROVAL ("ELECTRIC EXPLORATION") EXHIBITS:

1. City Council Resolution No. 2022- , approving the Public Arts Commission recommended mural titled "Electric Exploration", in accordance with Vista City Council Policy 400-04, Artworks in Public Places

2. Vista Skatepark Mural Call to Artists

3. Tierrez Art Application

4. Public Notice

5. Agreement with Tierrez Art

6. City Council Policy 400-04, Artworks in Public Places 10/25/2022 C6 2 of 34

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING THE PUBLIC ARTS COMMISSION RECOMMENDED MURAL TITLED "ELECTRIC EXPLORATION", IN
ACCORDANCE WITH VISTA CITY COUNCIL POLICY 400-04, ARTWORKS IN

PUBLIC PLACES
The City Council of the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. On August 1, 2022, the City released a Call to Artists requesting submittals for a new mural at the Vista Skatepark and six proposals by five artists were submitted for the Public Arts Commission's consideration.

B. On October 4, 2022, the Public Arts Commission reviewed, discussed, and voted on the six proposals and selected one for installation and display (Vote: 4-0, Richards abstained; Summit absent).

2. Action.

A. The "Electric Exploration" mural by Tierrez Art selected by the Public Arts Commission is approved for display, and the Mayor is authorized to execute the Covenant Agreement for the installation of the mural.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on October 25, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

JUDY RITTER, MAYOR
APPROVED AS TO FORM: ATTEST:

WALTER CHUNG, CITY ATTORNEY KATHY VALDEZ, CITY CLERK By: By:

APPROVED
Walter C.Chung
20221012131627
000292137 EXHIBIT 1
10/25/2022 C6 3 of 34

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IN PARTNERSHIP WITH KIWANIS CLUB OF SUNRISE VISTA • • MURAL" 'O
SKATE PARK •• •
•

CALL TO ARTISTS
Selection Process & Criteria
Winning proposals will be selected by the Public Arts '- Commission and approved by the City Council.

Criteria will include artistic merit, public safety, f ,, appropriateness of the artwork, materials used, and
artist resume. Only two submittals per person are .° r� allowed. Only one may be selected.

Eligibility #.

The City's Public Arts program is community-based.

This competition is open to all VUSD students and
residents of the City of Vista.

Schedule
Submit mural proposals to the Recreation &
Community Services Department either in-person on
the second floor of Civic Center or via email to
[email protected] by 2:00 p.m. on Thursday,
VISTA ['UREIC
September 1, 2022. Winning proposals will be
selected at the October 4, 2022 Public Arts rMAlkle, ":

COMh1ISS10N
Commission meeting and recommended to City The purpose of the Public Arts Commission is Council for approval on October 25, 2022. Painting to promote and support the public display and public appreciation of art in the City of
can begin upon Council approval and is expected to vista. be complete by December 22, 2022.

COMMISSIONERS
Aleta Dirdo
Questions Jennifer lanole
Dawn Inouye
For more information, please contact Recreation & Amanda May-Fitzgerald Community Services staff at Elton Richards
Magaly Sosa
[email protected] or visit vistapublicart.com. DJ Summitt •
STAFF
• ` Jessica Boensch,Management Analyst, • • • Recreation and Community Services • • • EXHIBIT 2
• • • • 0 10/25/2022 C6 4 of 34

Vista Skate Park Mural Proposals Artist Compensation The City of Vista's Public Arts Interested artists are required to The selected artist will be Commission is partnering with submit: compensated .$4,000 which is Kiwanis Club of Sunrise Vista in (1) a rendering of their design intended as an honorarium/design following the dimensions outlined fee, and will be paid in increments seeking VUSD students and Vista in the diagram provided below during the project period. Artists residents to participate in a public (2) a one-to-two page outline of are expected to provide their own mural exhibit. The exhibit offers their concept that describes their materials for this project. participating artists a unique approach to successfully executing opportunity to showcase original the project Artists submitting proposals agree artwork in Vista. (3) resume and related portfolio that the City of Vista may reproduce with images of past work. images for non- commercial, educational, and promotional
Selection All submissions must be emailed purposes, and will credit the artist.

One mural design will be selected to [email protected] or through a uried competition delivered in-person to the Key Club Participation g � p ommunity Services The City is partnering with Kiwanis Recreation & C
conducted by the City's Public Arts Department the second floors Club to renovate the Skate Park.

Commission. Through this partnership, the the Civic Center at 200 Civic Center
Drive by 2:00pm on Thursday, selected artist is expected to work Location September 1, 2022. Work received with the Kiwanis Club to schedule The selected mural will be by the Department after the deadline times that VUSD Key Club members prominently displayed at the Vista
will not be considered for selection. can assist with painting the mural.

Skate Park located at 510 N. Santa
Fe Ave. at Connecticut Street.

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Tierrez Art Mural Proposal
Outline of Concept
Our concept depicts deep sea creatures on an abstract background meant to create a sense of space and depth. The creatures are light-hearted and stylized. We wanted to keep to a"street art" feeling, as well as embrace skating culture, color, and design. Our underlying theme is "discovery and adventure"which we feel align well with skating and it's fun and extreme nature.

We plan to use spray paint and exterior paint, as well as brushes,paint rollers, painter's tape, and drop cloth/plastic to complete this project. The negative space of the painting is grey, meant to resemble and tie-in to the surrounding concrete of the sidewalks and park.

Execution of Proiect: Step by Step
Preparation: walls would need to be power washed to remove as much of previous paint as possible. Walls may need to be primed depending on quality of surface for paint adherence.

Areas where paint is not desired, such as borders and poles/railing to be taped off and covered with drop cloth or plastic if necessary.

1. A"doodle grid"would be created on existing walls. From doodle grid, concept art would be transferred onto wall at correct size/proportions. We do this by imposing artwork onto photo of walls with doodle grid on an iPad at location. Entire design of artwork outlined onto wall.

2. Painting begins: progress from back to front. Caverns/layers to be filled/colored from center out approach with spray paint. Starting with black center and working out from darkest colors to lightest.

3. Grey"concrete"background(the negative space) completed next using exterior paint with brushes and paint rollers.

4. Pink spray paint outline of fish/sea creatures.

5. Fish/sea creatures filled in with large background colors of grey and black. Black and white detailed lines of fish complete by hand with brushes.

6. Clear coat protection applied with paint rollers to entire artwork to protect from environmental damage as well as protect from possible graffiti damage.

7. Mural complete! Celebrate and take pictures O
EXHIBIT 3
10/25/2022 C6 6 of 34

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QUICK INTRO-
1 Hello! We are Tierrez Art(Cara & Ricardo Tierrez). We are a married couple/art duo with two teenage children. We are both SoCal natives with a passion for art, nature and sports.

Ricardo is a Park Ranger, currently working for the County of San Diego.

Cara is a Registered Nurse, currently working at BPSR Vista Clinic.

TIERREZ ARTBACKGROUND
ART ` We have been creating together for years now and our passion and enjoyment for art has only grown with time. We began creating larger projects and murals a few years ago and truly enjoy the challenge and the rewards. Recently we decided we wanted to do something for our community/public when we came across the Call to Artists for the Vista Skate Park. We were immediately intrigued! We know the area well, both our kids went to VAPA and VIDA, as well as Cara works right around the corner. s It would be a joy and honor to work on a project in our home r.- community and for our kids.

Cara has an art background, working as an artist for Trader Joe's 4 for years before kids and nursing school. She has also completed -,, 2 children's books for independent writers.
i
:~L Ricardo enjoys spray painting and hands-on creating with a A: variety of materials (wood, concrete, glass). He has skated and surfed his whole life.

MISSION: We are passionate about creating art that inspires CARA & RICARDO TIERREZ others to create and brings life and color to our world. We created our proposed design with the desire to share our passion for art with the community youth as well as inspire them to get out, play and explore!
We have attached some images of our artwork for your review.

INSTAGRAM: TIERREZ ART Please view our Instagram page at Tierrez—art, or contact us via text or email with any questions.

PHONE: Thank you for your time and consideration! -Cara & Ricardo ADDRESS:

EMAIL:
10/25/2022 C6 8 of 34

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NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
The City of Vista's Public Arts Commission is seeking public input on submissions for a mural to be painted at the Vista Skatepark located at 510 N. Santa Fe Avenue at Connecticut Street.

Six applications were submitted for consideration at this location. The Public Arts Commission will consider all public comments in the selection of the mural that will be recommended to City Council for approval.

Name of Artist: Becca Dwyer Title of Artwork: We Are All Connected (off GATE o00 6%'
►N MURAL 2,

PARKING AREA
COLOR PALETTE l r I UI\AL ON OA M P (3ATE)
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Name of Artist: Bella Bowman Title of Artwork: Let's Go Skate 44"
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10/25/2022 Paf 4 12 of 34

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Christopher Johnson Title of Artwork: Skate Vista (#1) k . .
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Name of Artist: Christopher Johnson Title of Artwork: Skate Vista (#2) Bud
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10/25/2022 PaC&f 4 13 of 34

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Dominique Arangure Title of Artwork: Enjoy the Ride w.
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Name of Artist: Tierrez Art Title of Artwork: Electric Exploration c�
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10/25/2022 Page&4 14 of 34

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Individuals are encouraged to view and comment on the proposed murals during the public viewing period which will occur from September 1, 2022 to October 1, 2022.

To comment on the proposed sculptures, please email [email protected] or send a letter to arrive by October 1, 2022 to:

City of Vista, Attn: Public Arts Commission
200 Civic Center Drive
Vista, CA 92084
Please include in your letter your name, physical (street) address, e-mail address, and phone number, along with comments about the proposed murals— be sure to include the title of the mural(s) on which you are commenting.

For more information about public art, call (760) 639-5265. 10/25/2022 Pale&4 15 of 34

PUBLIC ART DISPLAY AGREEMENT
THIS AGREEMENT ("Agreement") is made as of ,
("Effective Date"), by and between the CITY OF VISTA, a chartered municipal corporation ("City"), CARA ANN MEGAN TIERREZ, and RICARDO TIERREZ ("Artist"). City and Artist are sometimes individually referred to as a "Party" and collectively as "Parties."

RECITALS
A. Artist desires to publicly display Artist's original sculptural artwork entitled "Electric Exploration", a photocopy of which is attached hereto and incorporated herein as Exhibit A ("Artwork").

B. City is willing to display the Artwork, under the terms and condition of this Agreement, at 510 N. Santa Fe Ave. at Connecticut Street ("Display Site").

C. City will provide or fabricate a base upon which the Artwork can be placed for viewing ("Display Base").

D. The Artist wishes to make the Artwork available for a possible sale while it is on display as provided in this Agreement.

NOW THEREFORE, in consideration of the mutual agreements, obligations, and representations, City and Artist hereby agree as follows:

1. TERM
The term of this Agreement shall begin on the Effective Date and shall terminate fourteen (14) days following the date upon which one Party gives a written termination notice to the other Party ("Termination Notice").

2. DELIVERY AND INSTALLATION OF ARTWORK
Artist shall deliver and install the Artwork at the Display Site, at his or her sole expense, at a specific time and date mutually selected by City and Artist ("Specific Delivery Time") within the following time period: on or before December 22, 2022.

3. MAINTENANCE AND REPAIR; INSURANCE
A. Within no more than five (5) days following notice from City, Artist shall promptly repair the dynamic or lighting features of the Artwork (if any) should those features malfunction or become inoperative.

B. Following notice from City, Artist will repair, within five (5) days, any vandalism to the Artwork. City will reimburse the Artist for all reasonable expenses incurred by the Artist in repairing any damage resulting from vandalism not to exceed One Thousand Dollars ($1,000) per fiscal year ("Annual Repair Allocation"). If the Artist determines that a repair will require the Artist to incur costs exceeding the Annual Repair Allocation, the Artist may terminate the Agreement and will be relieved of making the repair. Beyond making payment toward the Annual Repair Allocation, City shall have no responsibility to the Artist for any damage occurring to the Artwork.

PUBLIC ART DISPLAY AGREEMENT 1 CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 EXHIBIT 5 ELECTRIC EXPLORATION
10/25/2022 C6 16 of 34

C. Within thirty (30) days of receiving an invoice from Artist for reasonable expense incurred in connection with repairing the Artwork, City will make payment to the Artist not to exceed the Annual Repair Allocation.

D. Artist understands and acknowledges that City does not maintain property insurance for the Artwork or liability insurance for injuries caused by the Artwork. Except as provided in Subsection B above, Artist bears the sole risk of damage and loss from any cause whatsoever, and Artist is solely responsible for providing such insurance as Artist deems appropriate.

4. IDENTIFICATION AND SALE OF ARTWORK
A. City shall post a plaque on the Display Base which shall identify the name of the Artwork, Artist's name, and which shall inform the public that the Artwork is available for purchase. The plaque shall provide a City email address so that members of the public can contact City should they have an interest in purchasing the Artwork.

B. Artist shall inform City of the proposed purchase price for the Artwork ("Asking Price") so City, upon request, can advise the public of the Asking Price. Artist may elect to sell the Artwork for an amount less than the Asking Price ("Actual Purchase Price"). Artist shall pay the City a sum equal to ten percent (10%) of the Actual Purchase Price if Artist sells the Artwork to a person who submitted a purchase offer for the Artwork while the Artwork was on display pursuant to the terms of this Agreement. Artist shall be solely responsible for negotiating and fulfilling any sale of the Artwork and for the payment of any sales or use taxes required to be paid.

C. Artist acknowledges and agrees that City is not acting as an "art dealer" and that the Artwork is not on "consignment" as those terms are used in Civil Code § 1738.5 et seq.

5. RELOCATION OF ARTWORK
The Parties may mutually consent to relocate the Artwork to a new display location after its initial display, and the new location shall become the Display Site. The relocation shall be at the expense of Artist unless otherwise provided. The consent to relocate the Artwork shall be evidenced by a written or electronic communication.

6. REMOVAL OF ARTWORK
A. Upon receipt of a Termination Notice, the Parties will mutually set a specific time and date for removal of the Artwork which is not more than thirty (30) days following the date of the Termination Notice ("Specific Removal Time").

B. At its sole cost and expense, City shall remove the Artwork from the Display Base so that Artist can accept delivery of the Artwork at the Display Site at the Specific Removal Time.

C. Artist, at its sole cost and expense, will receive the Artwork at the Specific Removal Time and will immediately transport the Artwork to a location selected by Artist or to the buyer of the Artwork, as applicable.

PUBLIC ART DISPLAY AGREEMENT 2 CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 ELECTRIC EXPLORATION
10/25/2022 C6 17 of 34

7. TEMPORARY REMOVAL
City may temporarily remove and store the completed Artwork when it is deemed necessary to protect the Artwork from damage or if the Artwork interferes with City's activities.

8. ARTIST'S WARRANTIES
The Artist represents and warrants, unless previously disclosed to City:
(1) The Artwork is solely the result of artistic effort by Artist. (2) The Artwork is unique and original and does not infringe upon any copyright.
(3) The Artwork, or a duplicate, has not been accepted for sale elsewhere.
(4) The Artwork is free and clear of any liens from any source whatsoever.
(5) The execution of the Artwork was constructed in a workmanlike manner.
(6) The Artwork, when delivered to City, shall be structurally sound, and shall remain structurally sound during the period it is displayed.
(7) The warranties described in this paragraph shall survive for a period for no less than one (1) year after the City's final receipt of the Artwork.

9. ARTIST'S RIGHTS
A. Artist retains all rights under the Copyright Act of 1976 (17 U.S.C. 101 et seq.) except possession of the Artwork as installed on the Display Site. Artist may not grant permission to duplicate or reproduce the completed Artwork. However, Artist grants to City and its assigns a nonexclusive royalty-free license to make reproductions of the Artwork without paying a royalty to Artist. For the purposes of this Agreement, the following are permissible reproductions including, but not limited to: any written or printed information pertaining to City; reproduction in exhibition catalogues, books, slides, photographs, postcards, posters, and calendars; in art magazines, art books and art and news sections of newspapers; City sponsored newsletters; in general books and magazines not primarily devoted art; slides and film strips; video; computer websites; and television.

B. All images of the Artwork by City shall contain a credit to the Artist.

C. Artist shall use his/her best efforts to give a credit in any public showing under the Artist's control of illustrations of the Artwork as follows: "An original Artwork on loan to the City of Vista."
D. Any registration of a copyright under the Copyright Act of 1976 shall be the sole responsibility of Artist, and the costs of such registration shall be borne exclusively by the Artist. City has no obligation to sue or defend on behalf of Artist to protect Artist's claims.

PUBLIC ART DISPLAY AGREEMENT 3 CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 ELECTRIC EXPLORATION
10/25/2022 C6 18 of 34

10. MODELS
Artist agrees City may display models of the Artwork and may reproduce images of the models for non-commercial, educational and promotional purposes. In the event of such usage, City shall give credit to Artist.

11. HONORARIUM
City will pay Artist an honorarium of$4,000. An initial payment of$2,000 will be made after all Parties have signed this Agreement. A second and final payment of$2,000 will be made within 30 days after the artwork is delivered and installed in accordance with this Agreement. If Artist fails to meet its obligations under this Agreement, Artist shall repay the honorarium to the City.

12. COUNTERPARTS; ELECTRONIC SIGNATURES; ELECTRONIC DELIVERY This Agreement may be executed in separate counterparts, none of which need contain the signatures of both Parties, and each of which, when so executed, shall be deemed an original and all together shall constitute and be one of the same instrument. The Parties agree that this Agreement, whether executed by electronic signature, digital signature, or constituting a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties, will be deemed an original and will represent competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce an original executed Agreement or counterpart thereof, and without the requirement that the unavailability of such original executed Agreement or counterpart thereof first be proven. Further, the exchange of this entire executed Agreement (and/or such exhibit(s) or document(s)) that is in photostatic or portable document format (.pdf) form by electronic mail or by another electronic means shall be considered original(s) and shall constitute effective execution and delivery of the original(s).

13. INTEGRATION AND MODIFICATION
This Agreement contains the entire Agreement between the Parties and supersedes all prior negotiations, discussion, obligations and rights of the Parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the Parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the Parties thereto. This Agreement is binding on all of Artist's successors and assigns. [Continued on page 5.]
PUBLIC ART DISPLAY AGREEMENT 4 CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 ELECTRIC EXPLORATION
10/25/2022 C6 19 of 34

14. NOTICES
Any notice, which either Parry may desire to give to the other Party, must be in writing and may be given by personal delivery or by overnight courier service to the Parry's address set forth below. Notice may also be given by mailing it by registered or certified mail, return receipt requested, to the other Party at the address set forth below. Any notice given by mail will be deemed given 48 hours after such notice is deposited in the United States mail, addressed as provided with postage fully prepaid. A Party may change its address by giving notice as provided above, and the changed address shall thereafter be deemed to be the address set forth below.
"City"
"Artist"
Director of Recreation and Community Cara Ann Megan Tierrez & Ricardo Services Tierrez
City of Vista 2235 Cottage Way
200 Civic Center Drive Vista, CA 92081
Vista, CA 92084

15. EXECUTION
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
"City" "Artist"
CITY OF VISTA, a chartered municipal CARA ANN MEGAN TIERREZ corporation

JUDY RITTER, MAYOR
ATTEST: RICARDO TIERREZ

KATHY VALDEZ, CITY CLERK
By:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

RISK MANAGEMENT REVIEW:

DOLORES GASCON, RISK MANAGER
By.

APPROVED
Walter C.Chung
20221018030607
PUBLIC ART DISPLAY AGREEMENT 5 CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 ELECTRIC EXPLORATION
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EXHIBIT A

ARTWORK

ELECTRIC EXPLORATION
PUBLIC ART DISPLAY AGREEMENT EXHIBIT CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 ELECTRIC EXPLORATION
10/25/2022 C6 21 of 34

Areas where paint is not desired, such as borders and poles/railing to be taped off and covered with drop cloth or plastic if necessary.

3. Grey"concrete"background(the negative space) completed next using exterior paint with brushes and paint rollers.

4. Pink spray paint outline of fish/sea creatures.

5. Fish/sea creatures filled in with large background colors of grey and black. Black and white detailed lines of fish complete by hand with brushes.

6. Clear coat protection applied with paint rollers to entire artwork to protect from environmental damage as well as protect from possible graffiti damage.

7. Mural complete! Celebrate and take pictures O
10/25/2022 C6 22 of 34

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QUICK INTRO-
1 Hello! We are Tierrez Art(Cara & Ricardo Tierrez). We are a married couple/art duo with two teenage children. We are both SoCal natives with a passion for art, nature and sports.

Ricardo is a Park Ranger, currently working for the County of San Diego.

Cara is a Registered Nurse, currently working at BPSR Vista Clinic.

INSTAGRAM: TIERREZ ART Please view our Instagram page at Tierrez—art, or contact us via text or email with any questions.

PHONE: Thank you for your time and consideration! -Cara & Ricardo ADDRESS:

EMAIL:
10/25/2022 C6 24 of 34

EXHIBIT B

CALL TO ARTISTS

VISTA SKATEPARK MURAL
PUBLIC ART DISPLAY AGREEMENT EXHIBIT CARA ANN MEGAN TIERREZ&RICARDO TIERREZ 000718443 ELECTRIC EXPLORATION
10/25/2022 C6 25 of 34

•
IN PARTNERSHIP WITH KIWANIS CLUB OF SUNRISE VISTA • • MURAL" 'O
SKATE PARK •• •
•

CALL TO ARTISTS
Selection Process & Criteria
Winning proposals will be selected by the Public Arts '- Commission and approved by the City Council.

Eligibility #.

The City's Public Arts program is community-based.

This competition is open to all VUSD students and
residents of the City of Vista.

Skate Park located at 510 N. Santa
Fe Ave. at Connecticut Street.

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Vista City Council Policy
400-04 ARTWORKS IN PUBLIC PLACES

PURPOSE
To develop and upgrade City's collection of artworks for display in public areas.

GENERALLY
No acquisition or placement of public art shall occur until a Public Art Proposal Form has been submitted, reviewed, and approved as provided in this policy.

DEFINITIONS

1. "Acquisition" or "Placement of Public Art" shall mean the following, but shall not include the acquisition or placement of exempted artworks:
a. A decision to place artwork that is currently owned by the City in a public area.
b. A decision to relocate artwork that is currently owned by the City from one public area to a new public area.

C. A decision to accept a gift or donation of artwork when the acceptance requires the City to display the artwork in a public area.

In that event, the initial location for the display of artwork must be specified in the Public Art Proposal Form.
d. A decision to acquire an easement, covenant, contractual right, license, or other entitlement which will enable the City to display artwork on privately owned land, walls, or property for the purpose of public viewing and enjoyment, including, without limitation, murals.

2. "Artwork" shall mean a form of art, including without limitation, murals, sculptures, monuments, lighting, frescoes, fountains, paintings, ceramics, or other artistic installations.

3. "Commission" shall mean the Public Arts Commission of the City of Vista.

4. "Director" shall mean the Assistant to the City Manager or such other City employee as shall be designated in writing by the City Manager.

5. "Exempted Artworks" shall include:
a. Artwork which will be displayed for a period of less than three weeks;
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10/25/2022 C6 28 of 34

Vista City Council Policy
b. Artwork which has a value of less than $1,000 if the City, in its absolute discretion, can permanently remove the artwork without penalty, cost, or the prior approval of another party; or C. Any artwork located in a public area pursuant to a public art component of a Land Use Entitlement or condition which provides a specific location for a specific artwork.

6. "Land Use Entitlement or Condition" shall mean:
a. An approved Site Development Plan under Chapter 18.64 of the Vista Municipal Code;
b. An approved Special Use Permit under Chapter 18.66 of the Vista Municipal Code;
C. A Specific Plan;
d. A Development Agreement under the California Government Code; e. A Disposition and Development Agreement or Owner Participation Agreement pursuant to the Community Redevelopment Law
(Health and Safety Code Sections 33000 et seq.); or
f. Any other agreement for the purchase or commission of artwork approved by the City Council.

7. "Public Area" shall mean the exterior of any City-owned or maintained facility, or an open and outdoor City controlled area, which may include public parks, public rights of way, or the exterior of privately owned buildings or privately owned grounds on which the City has acquired an easement or other contractual right to display an artwork for public enjoyment.

8. "Public Art" shall mean any artwork to be displayed in a public area.

9. "Public Art Proposal Form" shall mean a form, prepared by the City, used to obtain approval for an acquisition or placement of public art.

USE AND CONTENT OF PUBLIC ART PROPOSAL FORM
The Public Art Proposal Form shall be used by: (1) a City employee or official proposing to place or relocate an artwork in a public area; or (2) a member of the public seeking to donate an artwork to the City for display in a public area. 400-04 (2)
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The form shall include the following information and materials:

1. A copy of the work, if available, and either a photograph, videotape, slide, drawing, model, or other representation of the artwork.

2. The proposed location for the artwork with photographs, videotapes, slides, or drawings, models, or other representations of the area immediately surrounding the location at which the artwork will be placed.

3. A description of the materials comprising the artwork, its approximate dimensions, its approximate weight, its finish, its color, and any special treatments, coatings, or protective coatings applied to the artwork.

4. A description of the method for mounting or displaying the artwork, with a description of the materials and appearance of the base, fixtures, or other physical features used to display the artwork, if visible.

5. The anticipated life of the artwork in the proposed location.

6. A description of how the artwork might change appearance over time.

7. The methods and techniques to maintain the artwork, including a plan for such maintenance, the estimated cost of such maintenance, and how the maintenance will be financed.

8. A description of rights that will be waived or retained by the artist with respect to the artwork and any future removal of the artwork from the designated public area to be used for display of the artwork. In general, the rights shall be allocated between the City and interested parties in accordance with the contractual guidelines set forth below.

9. Consent of any property owner who intends to display an artwork on private property as part of a public art program, with a description of the proposed terms under which the display will occur. These terms, in general, shall conform to the contractual guidelines set forth below.

10. A description of any proposed assistance sought from the City or other public agencies or donors in connection with the fabrication, development, installation, or maintenance of the artwork.

REVIEW CRITERIA
The following criteria shall be considered in reviewing a Public Art Proposal Form:

1. The aesthetic or historical significance of the artwork. 400-04 (3)
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2. The artwork's physical condition and whether the object is of exhibition quality.

3. Whether the City already owns sufficient examples or better examples of this type of artwork by a particular artist in a particular style.

4. Whether the City has the facilities necessary to properly care for and keep the artwork safe. If there are any special costs or special methods associated with maintaining or storing the artwork, such costs and methods must be made known to the City prior to a decision to acquire or accept the artwork.

5. Signage for the artwork to be displayed on public area shall be limited to the artist's name, title and date of work, and where appropriate, a dedication. The name of the donor or lender may be part of the installation. For murals along the Sprinter Corridor, signage area shall be limited to an area two feet by ten feet (2'x 10') and may include a donor's logo, if any, no greater than two feet by two feet (2' x 2') within the two foot by ten foot (2' x 10') signage area.

6. Appropriateness of the site (working well within the scale and nature of the site).

7. Whether the artwork is appropriate for the general public.

8. Whether the Commission has been advised that the artist and donor are prepared to execute a contract or other document, which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City in connection with the acquisition or donation of the artwork proposed for display in a public area.

9. Applications for murals proposed for the Sprinter Corridor shall be screened by the Planning Department to ensure compliance with the City's sign code prior to review by the Public Arts Commission.

10. Sponsors shall not be solicited from companies that are adult themed, produce alcoholic beverages, tobacco products, or from political organizations.

PUBLIC REVIEW PERIOD FOR PROPOSED ACQUISITION OR LOCATION OF

PUBLIC ART
There shall be a minimum 30-day review period for an artwork before the Commission acts on a Public Art Proposal Form. During the public review period, the work itself, a copy of the work, or a photograph, videotape, slide, drawing, model or other representation of the artwork must be available for 400-04 (4)
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inspection by the public during regular hours at City Hall or at a place reasonably close to City Hall. In addition to any other method, notice of the public review period shall be published in the local newspaper at least 15 days prior to the conclusion of the review period. Any interested person may request to be notified of any agenda item before the Commission or City Council scheduled for consideration of an acquisition or placement of public art as set forth in a Public Art Proposal Form. However, failure of the requesting party to receive notice or failure to provide notice as provided in this policy shall in no way invalidate any action taken by the City.

REVIEW BY THE COMMISSION
The Commission, at a regular or special meeting, shall consider the artwork, its proposed location, the content of the Public Art Proposal Form and public testimony. The artwork shall be approved for a public area pursuant to a majority vote of a quorum of the Commission. Such approval may include any reasonable conditions required by the Commission. Unless appealed within 30 days of the date of the Commission's action, the decision of the Commission shall become final.

NOTICE OF ACTION BY THE COMMISSION
The Director, within five business days of any action by the Commission on a Public Arts Proposal Form, shall notify the Mayor, the Councilmembers, and the City Manager of the Commission's action and provide the following materials and information to each such person: (1) the vote of each member of the Commission, and the action taken; (2) the staff reports presented to the Commission; (3) photographs or other images of the proposed artwork; and (4) other information deemed relevant by the Director, or requested by the City Council.

APPEAL TO THE CITY COUNCIL
Prior to the end of the appeal period, which is the conclusion of business on the 30th day following the Commission's vote, any interested party may appeal that determination to the City Council, including the Mayor, any Councilmember, the City Manager, the Director, or any other concerned party. An appeal shall be made on a form provided by the City and shall briefly describe the basis on which the appeal is made. A reasonable fee may be charged for processing the appeal, as set by City Council resolution. However, that fee shall not be charged to any City official or employee acting in his or her capacity as an employee or official of the City.

ACTION BY THE CITY COUNCIL
On appeal, the Public Art Proposal Form and the proposed acquisition or placement of public art shall be considered de novo by the City Council. The 400-04 (5)
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artwork shall be approved for a public area or conditionally approved for a public area only upon a majority vote of a quorum of the City Council.

CONTRACTUAL GUIDELINES

1. When appropriate, a contract for the acquisition of an artwork or a document accepting a donation of artwork shall be prepared by the City Attorney in advance of any consideration of the Public Art Proposal Form by the Commission. The contract or document, for purposes of information, shall be included with the materials that are presented to the Commission. The Commission, if it chooses, may make
recommendations regarding changes in the contract or documentation which will be considered by the City Attorney, City Manager, and potentially the City Council. The contract or document shall substantially conform to the following guidelines:
a. The seller or donor shall represent that the artwork is an original artwork that is exclusively owned by the seller or donor and is free of all liens or encumbrances.
b. No rights of reproduction of the artwork shall be retained by the artist or donor except those specifically allowed by agreement with the City.

C. The artist and donor shall agree to waive the provisions of the California Art Preservation Act and the Visual Artist's Rights Act of 1990 unless the City determines that the waiver is unnecessary or inadvisable.
d. The City shall retain the ability to move, transfer, and dispose of the artwork unless the City determines that there is cause to limit that right.
e. The contract or document shall contain such additional terms as the City Manager and City Attorney determine to be necessary to protect the City's interests.

2. The following provisions shall be included in an agreement or evidence of donation where the artwork is located on private property to be visible to the public and where the display of the artwork is part of a public art program:
a. The City shall acquire rights guaranteeing the public display of the artwork for a minimum period of time.
400-04 (6)
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b. The agreement shall include provisions to guarantee the ongoing maintenance of the artwork and protect the artwork against alteration or damage.

C. The agreement will address the contribution, if any, that shall be made by the City toward the artwork. In the case of murals or other artwork located on walls, the City will consider providing a contribution in the form of obtaining a graffiti coat for the artwork or contributing to the purchase of paint.
d. The agreement shall include appropriate protection for the City, including hold harmless and similar provisions.

3. Prior to consideration of the Public Art Proposal Form, the artist and donor shall inform the City of any provisions of the proposed contract or the evidence of donation which the artist or donor seeks to modify so that the issue may be addressed in advance of a formal review of the proposal by the Commission.

PROCEDURES FOR PURCHASE OF ARTWORK AND ACCEPTANCE OF

DONATIONS OF ARTWORK
Pursuant to this policy, the Commission's role is to consider and identify appropriate locations for the public display of artwork and whether a particular artwork is suited to that location. The authority to approve and execute contracts for the acquisition of personal property, including artwork, remains with the City Council and City Manager as provided in Chapter 3.08 of the Municipal Code.

Likewise, donations of artwork shall be accepted by the City Council as provided by Section 37354 of the Government Code or by the City Manager pursuant to authority delegated to him or her by the City Council. The approval of a Public Art Proposal Form by the Commission only indicates that the proposed site for the artwork is considered appropriate. It does not obligate the City Council or City Manager to execute any contract or document for the purchase or acceptance of an artwork unless and until the City Manager or City Council determine that the contract or document is fiscally warranted and includes all terms required to protect the City's interests, as determined at the sole discretion of the City Council or City Manager.

HISTORY
Adopted September 28, 1993.

Replaced July 9, 2002, Resolution No. 2002-189
Amended May 27, 2003, Resolution No. 2003-121
Amended November 18, 2008, Resolution No. 2008-233
400-04 (7)
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Vista City CouncilOctober 25, 2022

Vista City Council
October 25, 2022