HomeMy WebLinkAboutAGENDA REPORT 2005 0831 CC SPC ITEM 06ATO:
FROM:
DATE:
SUBJECT:
ITEM 6.A.
CITY OF MOORP+ARK, CALIFORNIA
City Council Meeting
MOORPARK CITY COUNCIL Of— ...
AGENDA REPORT A M W.
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Honorable City Council
Hugh R. Riley, Assistant City Mana e
August 11, 2005 (CC Meeting of 8/31/05)
Consider Purchase of Original Painting of the Moorpark
Mammoth
BACKGROUND
On March 29, William Lyons Homes, Inc. discovered a nearly
complete, fully fossilized skeleton of an ancient Mammoth
(Archidiscodon Meridionalis or ,Southern Mammoth) during
preliminary grading operations for their new 250 -home
residential development in Moorpark. To preserve the fossils,
the developer followed the Paleontological Resources Salvage
Plan approved by the City of Moorpark last year. The plan
requires daily on site inspections by a qualified paleontologist
and gives the City the option to retain ownership of the find.
On April 20, the Moorpark City Council elected to maintain
ownership of the fossils in order to have some influence and
control of the ultimate disposition of the discovery.
On July 20, 2005 the City Council approved a Promotion Program
for the Mammoth Discovery including the acquisition of an
original painting depicting the Mammoth in an authentic setting
and with anatomical features based on the best scientific
information available. The budget to purchase the painting is
$2,700 based on the proposal submitted by Jan Mecklenburg, an
artist well -known for her paintings of pre - historic animals and
reptiles.
Mecklenburg has completed the painting and submitted it for the
City Council's approval in accordance with her proposal and has
agreed to assign all copyrights for the work to the City as
indicated in the attached Agreement should the City purchase the
painting.
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honorable City Council
August 31, 2005
Page 2
The finished painting has been available for viewing by the City
Council prior to this meeting and will be made available for
public viewing should the Council elect to approve the work and
purchase the painting.
STAFF RECOMMENDATION (Roll Call Vote)
Approve the purchase of the original painting by Jan Mecklenburg
and authorize payment of $2,700.
Attachment: Agreement To Purchase All Rights Relating to a
Painting of the Moorpark Mammoth
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AGREEMENT BETWEEN CITY OF MOORPARK AND JAN MECKLENBURG
TO PURCHASE ALL RIGHTS RELATING TO
A PAINTING OF THE MOORPARK MAMMOTH
WHEREAS, the fossilized remains of a mammoth (the "Mammoth ") were found within
the City of Moorpark;
WHEREAS, Jan Mecklenburg, (the "Artist ") has completed a painting (the "Painting ")
of the Mammoth;
WHEREAS, the Painting was shown to the City Council of the City Council of
Moorpark at its meeting on the day of , 2005, and the City Council
approved the purchase of all rights to the Painting;
The City of Moorpark ( "City ") and the Artist agree as follows:
Each of the above recitals are specifically incorporated herein.
2. The parties warrant that the color reproduction of the painting shown as Exhibit
"A" is the same Painting that was shown to the City Council and measures Three
(3)feet zero inches in length and five (5) feet zero inches in width, and is on a
frame one inch thick.
The Artist warrants that all of the following are true:
a. The Artist's contact information is PO Box 689; Trabuco Canyon, CA
92678; (949) 216- 9822).
b. The Painting was painted with oil on canvas, gesso to permit numerous
photo reproductions of the rendering, and with a non - reflective protective
coating.
The Artist consulted with Mark Roeder, a paleontologist, and George
McDaniel, an expert on mammoths, to ensure that the final version of the
Painting is accurate in all respects. These discussions, considered (a) all
physical aspects of the mammoth, including the tusks, trunk, toenails, back
hump, ears, and skin; (b) the gestures of the Mammoth, including the head
position, the gesture of the trunk; and (c) the physical, zoological, and
botanical setting of the Painting, including whether the physical features,
animals, and plants shown in the Painting could realistically have
appeared in the manor set forth.
d. Mark Roeder agreed that the vegetation is correct after consulting with at
least one paleobotonist.
ATTACHMENT 1
LA #4824 - 3537 -6384 v
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e. The Artist has not made any artistic interpretations which differed from
any recommendations of either expert, except that the skin color of the
Mammoth is not grey, as expected, but the Artist took the liberty to paint
the Mammoth in slightly different colors to show the skin with the
afterglow of a rainstorm.
f George McDaniel approved the final version of the Painting as accurate in
all respects, including the appropriateness of the Mammoth's physical
attributes, the Mammoth's gestures, and the physical, zoological, and
botanical setting of the Painting.
4. The City shall pay the sum of $2,700 to the Artist as full consideration for all
rights to the Painting and any likenesses thereof currently in existence. The Artist
shall execute Exhibit `B ", "Copyright Assignment." Within (2) days of executing
Exhibit "B ", the Artist shall deliver the Painting and the drafts, manuscripts and
other renderings to the City.
5. The parties agree and acknowledge the City currently intends to sell images of the
Painting. The City is considering placing the image in numerous locations,
including but not limited to, on coffee mugs, on stationary, and on posters. The
parties agree that as the lawful owner of all rights to the Painting, the Artist no
longer has the right to control how and if the City utilizes the images of the
Painting in any manner.
6, This written contract supersedes all previous oral and written representations and
constitutes the entire agreement.
Entered and agreed this day of , 2005.
Jan Mecklenburg
Artist
Hugh Riley
Assistant City Manager
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Copyright Assignment
Jan Mecklenburg, for value received, grants to the City of Moorpark ( "City ") all right,
title and interest in the copyrightable works described as follows: (1) the painting entitled
"Moorpark Mammoth," which is an anatomically accurate painting of a Mammoth of the
same species as the Mammoth found within the City; and (2) all drafts, manuscripts, and
other renderings of the painting.
By:
Jan Mecklenburg
Artist
Date: , 2005
Address:
Jan Mecklenburg
P.O. Box 689
Trabuco Canyon, CA 92678
(949) 213 -9822
City of Moorpark
By:
Hugh Riley
Assistant City Manager
Date: , 2005
Address:
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
EXHIBIT B
LA #4824 - 3537 -6384 vl
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