cc 2022 AR 11/15 pala vista park kite sculpture — Vista City Council, November 15, 2022

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® CITY COUNCIL
AGENDA ❑ COMMUNITY DEVELOPMENT COMMISSION
REPORT ❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Department: Recreation & Community Services Item No: C12 Prepared by: Jessica Boensch, Management Analyst Meeting Date: November 15, 2022 Mike Pacheco, Director
Approved by: Amanda Lee, Acting City Manager Agenda Location: Consent Calendar SUBJECT: PALA VISTA PARK KITE SCULPTURE APPROVAL "LONE FISH" RECOMMENDATION: Adopt City Council Resolution No. 2022- , approving the Public Arts Commission recommended sculpture titled "Lone Fish", in accordance with Vista City Council Policy 400-04, Artworks in Public Places.

CORRELATION TO CITY COUNCIL GOALS: Parks and Recreation.

PRIOR ACTION: On March 22, 2022, adopted City Council Resolution No. 2022-40, approving the Public Arts Commission's selected "Kites Over Vista" for display (Vote: 5-0).

On March 23, 2021, adopted City Council Resolution No. 2021-38, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

Please refer to Exhibit 2 for a complete list of prior actions.

PRIOR PUBLIC ARTS COMMISSION ACTION: On November 1, 2022, recommended the kite sculpture titled "Lone Fish" by Noe Estrada to be installed at Pala Vista Park located at 234 Pala Vista Drive within the public right-of-way (Vote: 5-0, Richards absent).

STATEMENT ON THE SUBJECT: The City is constructing a new park, Pala Vista Park, located at 234 Pala Vista Drive. Staff posted a Call to Artists to request proposals for a new kite sculpture (Exhibit 3) at the park. Applications opened on August 26, 2022, and submissions were due September 26, 2022.

Five artists submitted six proposals. Each artist's proposal is included in the Public Notice attached as Exhibit 5. On November 1, 2022, the Public Arts Commission selected the proposed sculpture titled "Lone Fish" by Noe Estrada for public display. As described by the artist, in their application, the kite sculpture depicts the importance of sea life and reflects the diversity of color and shapes that are present in the community and around the world. The full application recommended for approval is included as Exhibit 4.

The kite sculpture is expected to be installed prior to the park's grand opening.

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 Pala Vista Park CIP Budget (No. 1026570.575000.8296).

ACTION: Approved above recommendation, adopted City Council Resolution No. 2022-167.

Vote: 5-0
Clerk/SJcretary
11/15/2022 C 12 1 of 32

MEETING DATE: November 15, 2022
PAGE 2
SUBJECT: PALA VISTA PARK KITE SCULPTURE APPROVAL ("NOE ESTRADA") EXHIBITS:

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

2. Prior City Council Actions

3. Pala Vista Park Kite Sculpture Call to Artists

4. Noe Estrada Full Application

5. Public Notice

6. Agreement with Noe Estrada

7. City Council Policy 400-04, Artworks in Public Places 11/15/2022 C12 2 of 32

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING THE PUBLIC ARTS COMMISSION RECOMMENDED SCULPTURE TITLED "LONE FISH", 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 26, 2022, the City released a Call to Artists requesting submittals for a new kite sculpture at Pala Vista Park and six proposals by five artists were submitted for the Public Arts Commission's consideration.

B. On November 1, 2022, the Public Arts Commission reviewed, discussed, and voted on the six proposals and selected one for installation and display (Vote: 5-0; Richards absent).

2. Action.

A. The "Lone Fish" sculpture by Noe Estrada 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 sculpture.

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on November 15, 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
20221108130806
000292137 EXHIBIT 1
11/15/2022 C 12 3 of 32

PUBLIC ARTS COMMISISON'S "KITES OVER VISTA"
PRIOR CITY COUNCIL ACTIONS:

On March 22, 2022, adopted City Council Resolution No. 2022-40, approving the Public Arts Commission's selected "Kites Over Vista"for display(Vote: 5-0).

On March 23, 2021, adopted City Council Resolution No. 2021-38, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On February 25, 2020, adopted City Council Resolution No. 2020-21, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On February 26, 2019, adopted City Council Resolution No. 2019-24, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On February 27, 2018, adopted City Council Resolution No. 2018-18, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 4-0, Rigby absent).

On February 28, 2017, adopted City Council Resolution No. 2017-23, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On February 23, 2016, adopted City Council Resolution No. 2016-23, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 4-0, Ritter absent).

On February 24, 2015, adopted City Council Resolution No. 2015-31, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On February 25, 2014, adopted City Council Resolution No. 2014-25, approving the Public Arts Commission's selected "Kites Over Vista" for public display(Vote: 5-0).

On August 14, 2012, adopted City Council Resolution No. 2012-127, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote 5-0).

On December 14, 2010, adopted City Council Resolution No. 2010-173, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote 5-0).

On December 9, 2009, adopted City Council Resolution No. 2009-208, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On February 24, 2009, adopted City Council Resolution No. 2009-39, approving the Public Arts Commission's selected "Kites Over Vista" for public display(Vote: 5-0).

On February 26, 2008, adopted City Council Resolution No. 2008-46, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).

On March 6, 2007, adopted City Council workshop discussion of the Public Arts Commission's recommended projects and funding options and expressed support of City specific art, such as the Kites Program, to encourage visitors (Vote: 5-0).

EXHIBIT 2
11/15/2022 C 12 4 of 32

CALL TO ARTISTS

PALA VISTA PARK

KITE SCULPTURE
Selection Process &Criteria J car
Winning proposals will be selected by the Public Arts
Commission and approved by the City Council. Criteria will include artistic merit, public safety, appropriateness of the artwork, materials used, and artist resume. Only two submittals P per person are allowed. Only one may be selected. . , Eligibility Y
This Artist Call is open to anyone who can complete the requirements as specified, including the designing, fabrication and delivery of the artwork. This project is intended to be artistic in nature. Therefore, any designs that include advertising, soliciting, campaigning, or other promotional or commercially-driven entries are ineligible.

Schedule
Deliver 3D kite model(s) to the Recreation and Community Services Department on the second floor of the Civic Center located at 200 Civic Center Drive by 2:00 p.m. on Monday, - y September 26,2022. Winning proposals will be selected at the November 1, 2022 Public Arts Commission meeting and recommended for approval at the November 15,2022 City VISTA PUBLIC Council meeting. HAI
Ik

COMMISSION
Participating artists, if selected, must be prepared to deliver The purpose of the Public Arts Commission is their completed kite artwork for installation by December 22, to promote and support the public display 2022. and public appreciation of art in the City of Vista.

Questions COMMISSIONERS
o
d
For more information, please contact the Public Arts Aleta Dir Jennifer lanole
Commission Staff Liaison at Amanda May-Fitzgerald jboenschccityofvista.com Elton Richards
Magaly Sosa
DJ Summitt
• STAFF
Jessica Boensch,Management Analyst,
• Recreation & Community Services
0 • • • • EXHIBIT 3
• • • • 11/15/2022 C 12 5 of 32
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Pala Vista Park Kite Sculpture Theme
The City of Vista's Public Arts As a gateway to Vista just off the 78 Commission seeks artists to freeway, Pala Vista Park will participate in a public sculpture welcome visitors and residents into exhibit at the future Pala Vista the City. As such, kite sculptures Park, located at 234 Pala Vista Dr. should be of significance to the City The exhibit offers participating and portray Vista landmarks, artists a unique opportunity to events, or traditions. showcase original sculptural work
in Vista with the goal of promoting Proposals Please submit the following:
art in Vista, and to brand Vista as 3-D Model: Please create a 3-D (1) Properly labeled 3-D model home to a significant and dynamic model (between 1" and V) of your collection of public artwork. proposed "kite" design and attach it (2) Resume of past work/exhibitions to a 12"W x 12"L x 1/2"H square
Selection mounting board. Max 2 submissions (3) Single page with artist contact A single kite sculpture will be per artist. information, explanation of the selected through a juried design concept and how it relates to competition conducted the Labeling. A descriptive label must the Theme, overall dimensions, and City's Public Arts Commissss ion. be securely taped on the front of proposed materials.

The City will provide a six-inch the mounting board with a short diameter, 10-foot high steel pole explanation of the concept, overall Artist Compensation to serve as the base for the kite dimensions, and proposed Artists are compensated through a materials. Contact information stipend of $2,500 which is intended sculpture. (name, address, phone, e-mail) as an honorarium or design fee, Kites should be designed with a must be securely taped on the back and will be paid in increments center lift point so that the kite of the board. during the project period. Artist will can be lifted by Public Works on to supply all materials for the project bases provided by the City. Artists Requirements outside of the base concrete and must securely mount kite elements The kite can be tall and cylindrical pole base. The City will provide a to the pole and must leave a in shape, wide with a canopy on plaque with the artist name and minimum of 8 feet of distance from top, or a combination of both. A title of artwork. the base of the kite to the top of minimum 7-foot clearance must be the pole. The pole itself will then maintained for pedestrians to walk Artists submitting proposals agree be secured on a 4 1/2-foot underneath the kite wherever it that the City of Vista may display pole imbedded in a concrete base. extends beyond the width of the models, reproduce images for non- base. commercial, educational, and
Artists can hang, suspend, mount, promotional purposes, and will weld, tie, encase, fabricate, Revisions may be requested by the credit the artist. paint, sculpt, or otherwise Public Arts Commission selection modify the pole. committee. City Engineers may Wind Load Calculations review the design for safety and 4 = center of projected Artists are encouraged to be recommend modifications if artwork area creative in their selection of necessary. For the kite to remain H = height of center materials while considering safety stable in windy conditions, the above ground (feet) requirements common to works of projected area of the artwork must art in public spaces. Artworks must be limited. Limitations: The AREA be able to withstand an outdoor estimated square public environment. feet of the
PRO*= projected artwork -
-AI area multiplied by
the height at the
F100111,11111,
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FEET CITY OF VISTA exceed 350.

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Lone Fish
this model is approximate 10% of actual art piece, project is unique and original ideas
Design concept
Represent of the beautiful world of the sea creatures around the globe knowing the importance that bring us. Reflecting the diversity , awesome colorful and diverse shapes that our world allow us to see and enjoy
Materials
1/8 inch thick aluminum, acrylics, metal wires, spray paint assembly
cut, bend, drill, shear metal to obtain original shape, weld and fabricate the art structure base on the model and artist original sketch
Paint art piece with acrylics to meet sketch and model
Applied finishing touches and protective clime finish coating Artist Name: Noe Estrada
EXHIBIT 4
11/15/2022 C12 7 of 32

NAME o BONE FISH
MADE OUT OF 1\8 INCH AL1,M1NUM
40 INCH LONG
40 INCH TALL
11/15/2022 C12 8 of 32

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
The City of Vista's Public Arts Commission is seeking public input on submissions for a sculpture to be installed at Pala Vista Park located at 234 Pala Vista Dr, Vista, CA 92083.

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

Name of Artist: Jackie E. Diaz
EXHIBIT 5
11/15/2022 Pao 12 6 9 of 32

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Noe Estrada
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NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Alex Gall
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NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Sergey Gornushkin
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NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Norberto Estrada
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11/15/2022 P.612 6 13 of 32

NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Individuals are encouraged to view and comment on the proposed sculptures during the public viewing period which will occur from September 28th,2022,to October 28th,2022.

To comment on the proposed sculptures, please email [email protected] or send a letter to arrive by October 28th, 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 sculptures—be sure to include the title of the sculpture(s) on which you are commenting.

For more information about public art, call (760) 639-5265. 11/15/2022 Pao 426 14 of 32

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"), and NOE ESTRADA ("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 "Lone Fish", 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, Pala Vista Park, located at 234 Pala Vista Drive ("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 23, 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 NOE ESTRADA
000718443 EXHIBIT 7 LONE FISH
11/15/2022 C 12 15 of 32

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 NOE ESTRADA
000718443 LONE FISH
11/15/2022 C 12 16 of 32

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 NOE ESTRADA
000718443 LONE FISH
11/15/2022 C12 17 of 32

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. HOMORARIUM
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).

11. 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 NOE ESTRADA
000718443 LONE FISH
11/15/2022 C 12 18 of 32

12. NOTICES
Any notice, which either Party 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 Party'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 Noe Estrada
Services 4221 Bonita Dr
City of Vista Oceanside, CA 92056
200 Civic Center Drive
Vista, CA 92084

13. 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 NOE ESTRADA
corporation
By:

JUDY RITTER, MAYOR
ATTEST:

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
20221107091640
PUBLIC ART DISPLAY AGREEMENT 5 NOE ESTRADA
000718443 LONE FISH
11/15/2022 C 12 19 of 32

EXHIBIT A

ARTWORK
Lone Fish
PUBLIC ART DISPLAY AGREEMENT EXHIBIT NOE ESTRADA 000718443 LONE FISH
11/15/2022 C 12 20 of 32

Lone Fish
this model is approximate 10% of actual art piece, project is unique and original ideas
Design concept
Represent of the beautiful world of the sea creatures around the globe knowing the importance that bring us. Reflecting (lie diversity , awesome colorful and diverse shapes that our wor•l(l allow us to see and enjoy
Materials
1/8 inch thick aluminum, acrylics, metal wires, spray paint assembly
cut, bend, drill, shear metal to obtain original shape, weld and fabricate the art structure base on the model and artist original sketch
Paint art piece with acrylics to meet sketch and model
Applied finishing touches and protective clime finish coating Artist Name: Noe Estrada
(760) 978-3205 [email protected]
11/15/2022 C 12 21 of 32

NAME o BONE FISH
MADE OUT OF 1\8 INCH AL1,M1NUM
40 INCH LONG
40 INCH TALL
11/15/2022 C12 22 of 32

EXHIBIT B

CALL TO ARTISTS
PUBLIC ART DISPLAY AGREEMENT EXHIBIT NOE ESTRADA 000718443 LONE FISH
11/15/2022 C12 23 of 32

CALL TO ARTISTS

PALA VISTA PARK

Questions COMMISSIONERS
o
d
For more information, please contact the Public Arts Aleta Dir Jennifer lanole
Commission Staff Liaison at Amanda May-Fitzgerald jboenschccityofvista.com Elton Richards
Magaly Sosa
DJ Summitt
• STAFF
Jessica Boensch,Management Analyst,
• Recreation & Community Services
• • • •
• • • 11/15/2022 C12 24 of 32
•

T"Pw C A L F 0 R N I A �.

T Formula:
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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 anew 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;
400-04 (1)
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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" shallmean:
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 33000et seq.); or
f. Any other agreement for the purchase or commission of artwork approved by the City C o u n c i I .

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 befinanced.

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 theartwork.

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.

ACTION BY THE CITY COUNCIL
The Public Art Proposal Form and the proposed acquisition or placement of public art shall be considered de novo by the City Council.

The 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 G U I D E L I N E S

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 400-04 (5)
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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 oftime.
b. The agreement shall include provisions to guarantee the ongoing maintenance of the artwork and protect the artwork against alteration ordamage.

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 theCommission.

PROCEDURES FOR PURCHASE OF ARTWORK AND ACCEPTANCE OF

DONATIONSOFARTWORK
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 400-04 (6)
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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.

HIS TOR Y
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
Amended December 14, 2021, Resolution No. 2021- 20%
400-04 (7)
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CITY OF VISTA
C12. PALA VISTA PARK KITE SCULPTURE ("LONE FISH")
Lone Fish
By Noe Estrada
Materials:
• 1/8-inch-thick aluminum, acrylics, metal wires, & spray paint.

Design Concept:
• "Represents the beautiful world of the sea creatures around the globe knowing the importance that brings us.

Reflecting the diversity, awesome color, and diverse
shapes that our world allows us to see and enjoy." — Noe Estrada
IMF-CITY wo

Vista City CouncilNovember 15, 2022

Vista City Council
November 15, 2022