ACTION:
____________________________
Clerk/Secretary
Department: Recreation & Community Services Item No: C5 Prepared by: Jessica Boensch, Management Analyst Meeting Date: June 27, 2023 Approved by:
Mike Pacheco, Director
John Conley, City Manager Agenda Location: Consent Calendar SUBJECT: ADOBE ESTATES DRIVE “KITES OVER VISTA” APPROVAL RECOMMENDATION: Adopt City Council Resolution No. 2023- , approving the Public Arts Commission's selected "Kites Over Vista" for display at Adobe Estates Drive and North Santa Fe Avenue.
CORRELATION TO CITY COUNCIL GOALS: Parks & Recreation
PRIOR ACTION: On April 11, 2023, adopted City Council Resolution No. 2023-49, approving the Public Arts Commission’s Selected “Kites Over Vista” for display (Vote: 5-0).
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).
Please refer to Exhibit 2 for a complete list of prior City Council actions.
PUBLIC ARTS COMMISSION ACTION: On June 6, 2023, selected “Block Party” by Noe Estrada to be displayed for one year at the corner of Adobe Estates Drive and North Santa Fe Avenue (Vote: 3-1; Lopez opposed; Salesky, Winchester, and Ianolae absent).
STATEMENT ON THE SUBJECT: The Public Arts Commission's "Kites Over Vista" program has provided a venue to showcase sculptures in public areas of downtown Vista for over ten years. The goal of the "Kites Over Vista" program is to create a vibrant temporary art program that will:
•Enhance Vista through a variety of unique original artwork; •Stimulate public interest in art and artists;
•Engage and educate visitors about the City of Vista's public art program, the selected artist, and the featured artwork; and
•Provide a venue for artists to promote their artwork.
In April 2023, staff released a "Call to Artists" a new “Kites Over Vista” display location at the corner of Adobe Estates Drive and North Santa Fe Avenue. The competition was open to all artists, and selection criteria included artistic merit, materials used, appropriateness of artwork, and public safety. Complete details of the program requirements are in the “Call to Artists” included as Exhibit 3.
AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
06/27/2023 C5 1 of 19
Approve above recommendation, adopted City Council Resolution No. 2023-111.
Vote: 5-0
MEETING DATE: June 27, 2023
PAGE 2
SUBJECT: ADOBE ESTATES DRIVE “KITES OVER VISTA” APPROVAL For this “Kites Over Vista” exhibition, three “kite” models were submitted by three artists. On June 6, 2023, the Public Arts Commission selected “Block Party” by Noe Estrada for public display.
A scale representation of the “Block Party” kite submission recommended for approval is included in the Public Notice attached as Exhibit 4.
Once approved, the “kite” remains the property of the artist and can be sold upon completion of the display period. The City provides the artists with a steel pole that is six inches in diameter and up to ten feet in length, as well as a square concrete planter as a base for the artwork. The upcoming public display period will take place from August 2023 through August 2024.
FISCAL IMPACT: Sufficient funds exist in the Fiscal Year 2022/23 Operating Budget “Kites Over Vista” project Accounts (No. 0010500.521030.00118 and 0010500.513000.00118) for the total estimated project cost of $7,463, which includes an artist stipend of $2,500, a new concrete base, Public Works crew salaries, and equipment for installation. The annual cost to change out the kite after the first installation of the concrete base will decrease to approximately $3,220 per kite.
EXHIBITS:
1.City Council Resolution No. 2023- , approving the Public Arts Commission's selected "Kites Over Vista" for display at Adobe Estates Drive and North Santa Fe Avenue
2.Prior City Council Actions
3.Kites Over Vista 2023 Call to Artists
4.2023 Public Notice
5.Contract with Noe Estrada
06/27/2023 C5 2 of 19
00029213 7
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, APPROVING THE PUBLIC ARTS COMMISSION’S SELECTED “KITES OVER VISTA” FOR DISPLAY AT ADOBE ESTATES
DRIVE AND NORTH SANTA FE AVENUE
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. In April 2023, the City released a Call to Artists requesting submittals for the “Kites Over Vista” project and three sculptures by three artists were submitted for the Public Arts Commission’s consideration.
B. On June 6, 2023, the Public Arts Commission reviewed, discussed, and voted on the three kites submitted and selected “Block Party” by Noe Estrada for production and display on the corner of Adobe Estates Drive and North Santa Fe Avenue (Vote: 3-1; Lopez Opposed; Salesky, Winchester, and Ianoale absent).
2. Action.
A. The “Block Party” sculpture selected by the Public Arts Commission is approved for display.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on June 27, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
APPROVED
Walter C. Chung
20230614170101
JOHN B. FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
06/27/2023 C5 3 of 19
EXHIBIT 1
PUBLIC ARTS COMMISISON'S "KITES OVER VISTA"
PRIOR CITY COUNCIL ACTIONS:
04/11/23 Adopted City Council Resolution No. 2023-49, approving the Public Arts Commission’s selected “Kites Over Vista” for display (Vote: 5-0). 03/22/22 Adopted City Council Resolution No. 2022-40, approving the Public Arts Commission’s selected “Kites Over Vista” for display (Vote: 5-0). 03/23/21 Adopted City Council Resolution No. 2021-38, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote:
5-0).
02/25/20 Adopted City Council Resolution No. 2020-21, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote:
5-0).
02/26/19 Adopted City Council Resolution No. 2019-24, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0). 02/27/18 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). 02/28/17 Adopted City Council Resolution No. 2017-23, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0). 02/23/16 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).
02/24/15 Adopted City Council Resolution No. 2015-31, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote:
5-0).
02/25/14 Adopted City Council Resolution No. 2014-25, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0).
08/14/12 Adopted City Council Resolution No. 2012-127, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0). 12/14/10 Adopted City Council Resolution No. 2010-173, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote 5- 0).
12/9/09 Adopted City Council Resolution No. 2009-208, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5- 0).
6/23/09 Adopted City Council Resolution No. 2009-139, approving the annual budget for the Fiscal Year 2009-10 which included an appropriation of $14,220 for the Public Arts Commission's "Kites Over Vista" project (Vote: 5-0). 06/27/2023 C5 4 of 19EXHIBIT 2
2/24/09 Adopted City Council Resolution No. 2009-39, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote:
5-0).
2/26/08 Adopted City Council Resolution No. 2008-46, approving the Public Arts Commission's selected "Kites Over Vista" for public display (Vote: 5-0). 3/6/07 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). 06/27/2023 C5 5 of 19
ARTIST CALL
New Kite Location at
N. Santa Fe & Adobe Estates Drive
The City of Vista’s Public Arts Commission seeks artists to participate in a public sculpture exhibit on the corner of N. Santa Fe & Adobe Estates Drive.
The exhibit offers participating artists a unique opportunity to showcase original sculptural work in Vista with the goal of promoting art in Vista, and to brand Vista as home to a significant and dynamic collection of public artwork.
NEW KITE LOCATION:N SANTA FE & ADOBE ESTATES DRIVE
Kites Over VistaKites Over Vista
06/27/2023 C5 6 of 19EXHIBIT 3
Kites Over VistaKites Over VistaSCHEDULE
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, May 8,
2023. A proposal will be selected
at the June 6, 2023 Public Arts
Commission meeting for
approval at the June 27, 2023 City
Council meeting.
Participating artists, if selected,
should be prepared to deliver
their completed kite artwork by
July 31, 2023.
PROPOSALS
A resume of past work &
A properly labeled 3-D Model:
Create a 3-D model (between 1"
and 1') of your proposed kite
design and attach it to a 12”W x
12”L x 1/2”H square mounting
board. Max 2 submissions per
artist.
A descriptive label must be
securely taped on the front of
the mounting board with a short
description of the concept,
dimensions, and materials.
Contact information (name,
phone, and e-mail) must be
securely taped on the back of
the board.
Only two submittals per person
are allowed.
ARTIST COMPENSATION
Artists are compensated through
a stipend of $2,500 which is
intended as an honorarium or
design fee, and will be paid in
increments during the project
period. Artist will supply all
materials for the project outside
of the base concrete and pole.
The City will provide a plaque with
the artist name and title of
artwork.
Artists submitting proposals
agree that the City of Vista may
display models, reproduce
images for non- commercial,
educational, and promotional
purposes, and will credit the
artist.
ELIGIBILITY
This Artist Call is open to anyone
who can complete the
requirements as specified,
including the designing,
fabrication and delivery of the
artwork. Any entries that include
promotional or commercially-
driven designs are ineligible. 06/27/2023 C5 7 of 19
Kites Over VistaKites Over Vista
The City will provide a six-inch
diameter, 10-foot high steel pole
to serve as the base for the kite
sculpture.
Kites should be designed with a
center lift point so that the kite
can be lifted by Public Works
onto bases provided by the City.
Artists must securely mount kite
elements to the pole and must
leave a minimum of 8 feet of
distance from the base of the
kite to the top of the pole. The
pole itself will then be secured
on a 4 1/2-foot pole imbedded in
a concrete base.
Artists can hang, suspend,
mount, weld, tie, encase,
fabricate, paint, sculpt, or
otherwise modify the pole.
Artworks must be able to
withstand an outdoor public
environment.
A minimum 7-foot clearance
must be maintained for
pedestrians to walk underneath
the kite wherever it extends
beyond the width of the base.
For the kite to remain stable in
windy conditions, the projected
area of the artwork must be
limited.
KITE REQUIREMENTS
WIND LOADCALCULATIONS
= center of artwork area
H = height of center above
ground (feet)
Limitations: The estimated square
feet of the projected artowork
area multiplied by the height at
the center shall not exceed 350.
QUESTIONS
For more information, please
contact the Public Arts
Commission Staff Liaison at
[email protected]
Formula:
square feet (AxB)
X Height (H)
≤ 350
Visit VistaPublicArt.com for more information or to sign up for notification of future artist calls06/27/2023 C5 8 of 19
NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
The City of Vista’s Public Arts Commission is seeking public input on submissions for 3 sculptures to be installed at North Santa Fe and Adobes Estates Drive.
Three applications were submitted for consideration at this location. The Public Arts Commission will consider all public comments in the selection of the sculptures that will be recommended to the City Council for approval.
Name of Artist: Sergey Gornushkin Title of Artwork: Whale Tale 06/27/2023 C5 9 of 19
EXHIBIT 4
NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Norberto Estrada Title of Artwork: Magical Wonderland 06/27/2023 C5 10 of 19
NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Noe Estrada Title of Artwork: Block Party 06/27/2023 C5 11 of 19
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 05/11/2023 to 06/09/2023.
To comment on the proposed sculptures, please email [email protected] or send a letter to arrive by 06/11/2023 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. 06/27/2023 C5 12 of 19
KITE ART PROGRAM AGREEMENT 1 NOE ESTRADA
00071846 3 BLOCK PARTY
KITE ART PROGRAM 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’s original sculptural artwork entitled “Block Party” has been selected for fabrication and display as part of City’s Kite Art program. A photocopy of the maquette of the proposed artwork is attached hereto and incorporated herein as Exhibit A (“Artwork”).
B.The Parties desire to publicly display the Artwork under the terms and condition of this Agreement to be placed at a location accessible to the public selected by City (“Display Site”).
C.City will provide or fabricate a base upon which the Artwork can be placed for viewing (“Display Base”).
D.While the Artwork on display pursuant to this Agreement, the Artist wishes to make the Artwork available for a possible sale 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
A.Artist shall deliver the Artwork to 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: July 31, 2023.
B.City, at its sole cost and expense, shall install the Artwork on a Display Base following the Specific Delivery Time.
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 06/27/2023 C5 13 of 19
EXHIBIT 5
KITE ART PROGRAM AGREEMENT 2 NOE ESTRADA
00071846 3 BLOCK PARTY
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.
C. Within thirty (30) days of receiving an invoice from Artist for reasonable expense incurred in connection with repairing the Artwork, the 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 City. 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.
06/27/2023 C5 14 of 19
KITE ART PROGRAM AGREEMENT 3 NOE ESTRADA
00071846 3 BLOCK PARTY
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.
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.
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. 06/27/2023 C5 15 of 19
KITE ART PROGRAM AGREEMENT 4 NOE ESTRADA
00071846 3 BLOCK PARTY
10. INDEMNIFICATION
Consistent with Artist’s warranties, Artist agrees to defend, indemnify and save harmless City, its officers, agents, and employees from and against any and all claims, demands, losses, defense costs, or liability of any kind or nature which City, its officers, agents, and employees may sustain or incur, or which may be imposed upon them for violation the copyright or state or federal statutory intellectual property rights of third parties.
11. MODELS
Artist agrees City may display models or maquettes 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.
12. HONORARIUM
City will pay Artist an honorarium of $2,500. An initial payment of $1,000 will be made within 30 days after all Parties have signed this Agreement. A second and final payment of $1,500 will be made within 30 days after the artwork is delivered and installed in accordance with this Agreement.
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.
14. 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).
[Continued on page 5.]
06/27/2023 C5 16 of 19
KITE ART PROGRAM AGREEMENT 5 NOE ESTRADA
00071846 3 BLOCK PARTY
15. 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”
Director of Recreation and Community
Services
City of Vista
200 Civic Center Drive
Vista, CA 92084
“Artist”
Noe Estrada
4221 Bonita Drive
Oceanside, CA 92056
16. EXECUTION
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the Effective Date.
“City”
CITY OF VISTA, a chartered municipal
corporation
By:
JOHN CONLEY, CITY MANAGER
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
RISK MANAGEMENT REVIEW:
DOLORES GASCON, RISK MANAGER
By:
“Artist”
NOE ESTRADA
APPROVED
Walter C. Chung
20230612110212
06/27/2023 C5 17 of 19
KITE ART PROGRAM AGREEMENT EXHIBIT A NOE ESTRADA
00071846 3 BLOCK PARTY
EXHIBIT A
ARTWORK
Block Party
06/27/2023 C5 18 of 19
NOTICE OF PROPOSED PLACEMENT OF PUBLIC ART
Name of Artist: Noe Estrada Title of Artwork: Block Party
06/27/2023 C5 19 of 19