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Home My WebLink AboutR-11081 amending the Public Art Policy & Procedures ManualRESOLUTION NO. 11081 (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE PUBLIC ART POLICY AND PROCEDURES MANUAL WHEREAS, the City Council of the City of San Luis Obispo adopted Resolution No. 6811 (1990 Series) formally establishing a public art program; and WHEREAS, the City of San Luis Obispo's Public Art Policies and Procedures Manual (Public Art Policy) outlines the process under which the public art program is funded, and how art pieces are evaluated, reviewed and selected; and WHEREAS, on February 5, 2019, City Council directed staff to research monument policy and gather information for a study session to be presented to City Council for further consideration; and WHEREAS, on July 16, 2019, staff presented a report to City Council, offering comparative research analysis of monument policies; and WHEREAS, on January 21, 2020, staff presented City Council with an amendment to the Public Art Policy, reflecting the values of sustainability, inclusivity and diversity to be incorporated into the existing public art policy; and WHEREAS, in preparation for the Council meeting on January 21, 2020, community outreach on this topic, date, time and location have been sent to individuals, groups and interested parties. This community engagement includes Arts Obispo, the Chamber of Commerce, Downtown SLO, the Architectural Review Commission, Cultural Heritage Committee, and Parks and Recreation Commission; and WHEREAS, this amendment does not constitute a "Project" under CEQA Guidelines Sec. 15378. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The "Introduction" section of the City of San Luis Obispo Public Art Policy is hereby amended to read as follows: The City is driven to encourage Publjc A1t that respect our past and embraces the future; supporting all members and facets of the community and the pursuit of sustainability, diversity, and inclusivity. The City of San Lui Obispo strives to incorporate the e values into public paces through the proliferation of public art. R 11081 Resolution No. 11081 (2020 Series) Page 2 What is Public Art? Public Art develops from the engagement of an artist with public space. Within the realm of creating public art, artists encounter people, history, and process. The resulting artwork represents the diverse response to those factors by individual artists, leaving the question, "what is public art?" It's easier to describe what public art isn't. Fancy "off-the-shelf' benches, fountains, and trash receptacles; upgraded tile, paving, or other conventional architectural finishes and ornamentation; standard landscaping; architectural lighting; and other similar treatments which do not involve original, creative work by an individual or group are not normally considered public art. For example, purchasing a pre-fabricated fountain and installing it in a park would be landscaping but not public art, since the piece is a stock item and its design does not necessarily involve an original or creative effort. However, if the fountain included an original ceramic or bronze sculpture, tile mosaic, or other original or creative feature it could be considered public art. The artwork doesn't necessarily have to be one-of-a-kind, or designed only for that location --it could be one of a limited series of castings (in the case of sculpture) that has been thoughtfully integrated with a project. The boundary between architectural ornamentation and art is not always clear. For example, in decorating a blank wall of a parking garage with a series of metal screeds and painted wall panels, the architect's effort might be considered public "art" if it were an original work, went beyond typical or stock architectural treatment, and met the city's public art guidelines. The City Council of San Luis Obispo may accept submission of public art on a "case by case" basis. Submissions are encouraged to provide sufficient plans for how their work of art is funded and the impacts of proposed placement and maintenance. Definitions 1. "Visual Art in Public Place 'or "Public Art" means any visual work of art displayed in a publicly visible location: (a) in a City-owned area, (b) on the exterior of any city- owned faci lity, (c) within any city-owned facility in areas designated as public area, lobbie , or public a embly areas, or (d) on non-city-owned property if the work of art is installed or financed, either wholly or in part. with city funds or grants procured by the City; and if on private property, ecured by a public art agreement between the City and the landowner. 2. "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas- relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape composition. banners, mosaic, ceramic, weaving, carving, and stained gla s. "Work of art" is the creative result ofindividual or group effort, and is either unique or oflimited- is ue nature, and i normally not mass-produced or intended primarily for a commercial R 11081 Resolution No. 11081 (2020 Series) Page 3 market. "Work of art" does not normally include landscaping. paving, architectural ornamentation. or signs as defined by Chapter L5.40 of the Municipal Code. 3. "Capital Construction Project ' means any project listed in the City's Financial Plan Capital Improvement Program, and paid for wholly or in part by the City of San Lui Obispo for public benefit. "Capital construction project" includes, but i. not limited to building construction. addition, and remodel; park ; plazas; creek improvements and flood protection projects; bridges: streets, idewalks, bikeways, trails other public transportation improvements; parking facilities, and s:imilar public facilities as determined by the Community Development Director. 4. Construction Cost means the cost in dollars, as approved by the City Council or the City Manager, to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or maintenance costs. 5. Eligible Project means a capital construction project which is not exempt under the provisions ofthis resolution, or by City Council or City Manager action. SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of this Public Art Policy is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the remaining portions of this Public Art Policy, or any other provisions of the City's rules and regulations. It is the City's express intent that each remaining portion would have been adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable. R 11081 Resolution No. 11081 (2020 Series) Page 4 SECTION 4. This Resolution shall become effective February 4, 2020 . Upon motion of Council Member Christianson, seconded by Council Member Pease, and on the following roll call vote: AYES: NOES: ABSENT: Council Member Christianson, Pease, Stewart and Vice Mayor Gomez None Mayor Harmon The foregoing resolution was adopted this 21st day of January 2020. ATTEST: APPROVED AS TO FORM: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this 2~ da of 0<l...V\tJ..4LV'-I , 2020. ~ Teresa Purrington City Clerk R 11081