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HomeMy WebLinkAbout02/13/1996, 1 - STUDY SESSION ON PUBLIC ART -CONT Visual Art in Public Places Page 18 Community Development Department role The Community Development Director administers the public art program, with support from the various City departments responsible for capital projects. Community Development staff will assist other departments in generating ideas for city art projects, preparing property owner lists, providing public notice, writing staff reports, and by taking city projects through the public hearing process. For many capital projects, a project planner from the Community Development Department is assigned by the Director. The project planner is expected to prepare staff reports on the art project for the various hearings required, and to coordinate with the project manager, SLO Arts Council, property owners, artists, and the public to expedite final city action on the artwork. Community Development staff (or any other department staff) may initiate and administer "freestanding" public art projects which will use the unallocated funds from the "in-lieu" funding component of the public art program. For example, staff might initiate installation of permanent public art in Railroad Square, even though it was not in connection with a specific capital project. Design Review/Public Hearings It is the project manager's responsibility to initiate planning applications, submit plans, and ensure that capital projects go through the required public hearings. The standard city policies apply to legal notice requirements, appeals, and environmental review. For more information on these details, contact Community Development Department staff. Typically, public art as part of capital projects must follow these public review steps: -environmental review -Architectural Review Commission -City Council In special cases, the artwork will also require review by: -Planning Commission (if the overall project requires a use permit) -Parks and Recreation Commission (if in a City park) Art projects deemed "minor or incidental" can be approved by the Community Development Director, subject to the usual public notice requirements. Generally, the City Council will be the final approval body for art in city projects, and the .ARC's action is advisory to the council. A. Concurrent Review. It is preferable for the artwork to be designed, reviewed, and approved concurrently with the capital project. This approach: a) allows the /-3 • EXHIBIT D RESOLUTION NO. 6811 (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CTTY OF SAN LUIS OBISPO ADOPTING A VISUAL ARTS IN PUBLIC PLACES PROGRAM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title and Content. The City Council hereby adopts the 'Visual Arts in Public Places" program as described in Exhibits "A" and B" of the Community Development Department staff report dated May 1, 1990. SECTION 2. Definitions. For the purposes of this resolution, the following terms are defined as follows: (1) 'Visual Art in Public Places' or 'Public Art" means any visual work of art displayed in a publically visible location: (a) in a City-owned area, (b) on the exterior of any city-owned facility, (c) within any city-owned facility in areas designated as public area, lobbies, or public assembly 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, secured 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 glass. "Work of art" is the creative result of individual or group effort, and is either unique or of limited-issue nature, and is normally not mass-produced or intended primarily for a commercial market. 'Work of art" does not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 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 Luis Obispo for public benefit. 'Capital construction project" includes, but is not limited to building construction, addition, and remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks, bikeways, trails other public transportation improvements;parking facilities, and similar 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 Administrative Officer, to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or maintenance costs. Resolution No. 6811 0990 Series) Page 2 (5) 'Eligible Project' means a capital construction project which is not exempt under the provisions of this resolution, or by City Council or City Administrative Officer action. SECTION 3. Environmental Determination. After City Council review and consideration, the Community Development Director's decision to grant a negative declaration pursuant to the City Environmental Procedures and the California Environmental Quality Act is hereby affirmed SECTION 4. Percent For Art. One percent (1%) of the total approved construction cost of eligible capital construction projects shall be expended for the design and installation of public art SECTION S. Responsibility For Implementation. The Community Development Director is responsible for administering the program. City departments responsible for the planning, design, and construction of eligible capital construction projects shall include public art in their projects, or shall otherwise meet the requirement through allocation of funds to the Public Art Program as described in Section 6. SECTION 6. Public Art Program. (1) Small capital construction projects, or projects in which the City Council or City Administrative Officer determines that it not feasible or desirable to include public art due to site limitations or the project's location or design, may meet this requirement through allocation of one percent (1%) of their construction cost as an in-lieu contribution for citywide public art; (2) The Finance Director shall establish and maintain a Public Art Program in the Capital Improvement Plan for such a purpose; and (3) Program funds shall be used for the design, fabrication, and installation of public art, pursuant to the Visual Arts in Public Places Program, Exhibits OX and B'. . Resolution No. 6811 0990 Series) Page 2 (5) 'Eligible Project' means a capital construction project which is not exempt under the provisions of this resolution, or by City Council or City Administrative Officer action. SECTION 3. Environmental Determination. After City Council review and consideration, the Community Development Director's decision to grant a negative declaration pursuant to the City Environmental Procedures and the California Environmental Quality Act is hereby affirmed. SECTION 4. Percent For Art. One percent(197o) of the total approved construction cost of eligible capital construction projects shall be expended for the design and installation of public art SECTION S. Responsibility For Implementation: The Community Development Director is responsible for administering the program. City departments responsible for the planning, design, and construction of eligible capital construction projects shall include public art in their projects, or shall otherwise meet the requirement through allocation of funds to the Public Art Program as described in Section 6. SECTION 6. Public Art Program. (1) Small capital construction projects, or projects in which the City Council or City Administrative Officer determines that it is not feasible or desirable to include public art due to site limitations or the project's location or design, may meet this requirement through allocation of one percent (1%) of their construction cost as an in-lieu contribution for citywide public art; (2) The Finance Director shall establish and maintain a Public Art Program in the Capital Improvement Plan for such a purpose; and (3) Program funds shall be used for the design, fabrication, and installation of public art, pursuant to the Visual Arts in Public Places Program, Exhibits 'A' and TO. Resolution No. 6811 (1990 Series) Page 3 SECTION 7. Exempt Projects. The following types of projects are exempt from this percent for art requirement: (1) Utility projects, such as public water or sewer system improvements, pumps, and wells; (2) Underground projects, such as storage tanks and storm drains and similar items; (3) The City Council or the City Administrative Officer may exempt other projects from this requirement upon finding that: (a) installation of public art would be detrimental to public health, safety, or welfare; (b) the project is not suitable for the inclusion of public art; or is not visible by, used by, or accessible to the public-, or (c) The project is itself a public art project SECTION S. San Luis Obispo County Arts CouncIL The San Luis Obispo County Arts Council shall assist the City by evaluating the technical and artistic merit of proposed public art projects by forwarding its comments to the Community Development Director or Architectural Review Commission. This is recognized as an appropriate function for the Arts Council, a non-profit agency, and no City funding is allocated for this advisory service. SECTION 9. Program Evaluation. The City Clerk shall schedule the public art program for Council review within one year of the date of this resolution. At such review, the Council may modify or suspend the program. On motion of Cotincilum Roalman , seconded by Councilwoman Pinard , and on the following roll call vote: AYES: Cou ncilmembers Roalman, Pinard, Rappa, Reiss, and if Dr Dmin NOES: None ABSENT: None Resolution No. 6811(1990 Series) Page 4 the foregoing resolution was passed and adopted this 15th day of May 1990. Mayor Ron Dunin ATTEST: ;Ity er m oges • • • • • • • • • • • • ,ty AdministtweWA A Icer y orae ommunity DevelopmeTeprtment ublie Wo ks epartment Resolution No. 6811(1990 series) Page 4 the foregoing resolution was passed and adopted this 15th day of May . 1990. Mayor Ron Dunin ATTEST: City Clerk m og-es ity Administ tive officer tyornery, community Dcvclopmen epartment Public Wo ks epartment Resolution No.6811 (1990 Series) Page 5 Fie epartment / s a�d ecreation Department inanc Director D/jh/pub-art5.wp Visual Arts in Public Places Program Page 5 for all but structurally complex artworks. 8. Consider allowing public art to meet a portion of the total required common open space in condominium projects. 9. Redefine "structure" in the Zoning Regulations (Section 17.04.410) so that public artworks are excluded for dete**r+i*+tng setbacks or building/lot coverage. VI. ADDITIONAL TASKS These are additional tasks to be completed as part of a comprehensive public art program, listed in the recommended order of implementation; 1. Establish Administrative Procedures - In addition to public art policies established by the City Council, administrative procedures are needed to support the overall goals of the program. These would include: artist selection procedures, community involvement, interagency cooperation, contract preparation, art collection management guidelines, insurance and liability, and conflict resolution. 2. Artist Involvement -The ARC is the primary City advisory body charged with reviewing public art. To assist the ARC in its role, at least one member of the commission should be an artist, or have a strong background in the visual arts. This would help commissioners understand art issues, and provide the technical expertise to understand public art media, techniques, and design implementation. 3. Public Art Brochure - To assist community groups, developers, and citizens, the City will prepare a brochure which explains the public art program: goals and objectives, matching grant funding, and the design review process. The brochure would be made available through the Arts Council, and at the City Community Development and Engineering Departments. 4. Education Program - The success of public art is measured largely by the community's understanding of an and appreciation for this art form as a cultural resource. To promote such understanding, the City will help sponsor an educational program which may include: public art activities in elementary school classes, occasional articles on public art in the SLO Newsletter, San Luis Obispo City/County Library displays,and promotion of public art among civic organizations. 5. Program Evaluation - The public art program should be evaluated on a regular basis, initially one year after adoption (on or before May 15, 1991), and then every 2 years, in conjunction with the city's budget cycle. The written evaluation would describe the status of public art projects, evaluate policies and procedures; and suggest changes to the program, as appropriate. aae�* PUBLIC ART REVIEW PROCESS LEGEND SUBMIT APPLICATION NORMAL REVIEW - - --- SPECIAL REVIEW PUBLIC HEARING IFMINOR ORTEMPORARY ARTWORK STAFF r--------- EVALUATION I I NOT MINOR OR TEMPORARY MINOR OR CITY PARK INCIDENTAL ROUTING IF MATCHING GRANT FUNDING REOUESTED ARCH.REVIEW I I I MAJOR CITY-FUNDED I PARS& ARCHITECTURAL PROJECTS OR PROMOTIONAL RECREATION ED I - REVIEW IF APPEALED- COORDINATING ' COMMITTEE COMMISSION , COMMITTEE / . ..l,•,..%l. I---------- PERMIT _ CITY COUNCIL INSTALL ARTWORK - EXHIBIT B i v �3 REI V E ® MCPTING AGENDA L -/3-fid I'I"Eivi FEB 71994 February 7, 1996 To: Honorable Mayor and City Council City of San Luis Obispo FJOA NCIL Q.CDD DIR ❑ FIN DIR From: San Luis Obispo County Arts Council O ❑ FIRE CHIEF RNEY ❑ Pw DIRWMRIG ❑ PoucecHFSUBJECT• PUBLIC ART TTEAM ❑ RECDIRD RE ❑ UTILDIR.;: ❑ PERS DIR INTRODUCTION The purpose of this presentation is to demonstrate the value and desirability of art in public places and then to recommend your consideration of amendments to the City's existing public arts policy. It is not the intent of the Arts Council to prescribe a single way to accomplish a public arts program. It is rather our intent to encourage each public agency to mere aggressively pursue public art as a way of enhancing their communities both aesthetically and economically. Successful public arts programs in other cities and counties, however, appear to have various similarities which our report will recommend for your consideration. Beyond that, the Arts Council's Art in Public Places Committee will assist any jurisdiction within the County implement or alter their public arts policy upon their request. Why should we encourage art in public places? Art in public places is not a new concept. One has only to look to the fountains of Rome, the bridges of Paris, or even the ruins of ancient Mexico to answer this question. It is largely by their art that these places are remembered today. Public art has provided a lasting quality to their urban civilization which not only made them unique but also provided a sense of personal pride to their residents and their 2 descendants. The installation of art in public places can accomplish the same objectives today. Public art is educational, can provide a sense of focus, attracts attention, and tends to provide a character which enriches the lives of residents and visitors. Without enthusiastic support, however, little if any public art is apt to be realized. Until public art becomes a way of life in each of our communities, property owners, business people, developers and decision makers are apt to merely overlook the potential that an art dimension can provide. People generally aren't against.public art, they merely assign it such a low priority that it seldom happens. Of course there are exceptions but the potential sites for public art inSan Luis Obispo are virtually unlimited and to settle for art being installed randomly and infrequently is unfortunate because public art increases vitality and naturally attracts tourism, business, and consumers. What qualifies as "public Art"? Visual art, as distinguished from the performing arts, media arts, literary, or cultural arts. Original, creative work by an individual or group, as distinguished from conventional architectural finishes, ornamentations, landscaping , lighting, etc. Permanent in nature and installed on public property or on private property which is generally in public view. How would it be funded? We recognize the current contraints on general fund budgets and the declining availability of state and federal block grants. Unfortunately,it therefore seems that public art won't be realized without government regulations requiring its installation. It 3 is recognized that such additional government requirements will face opposition from segments of the population who see art as an unnecessary expense being tacked on the already overburdened development process. Thus, neither will public art be realized without a strong official commitment to the concept. In numerous other cities, that commitment, and the funding, would come in the form of an ordinance which offers the following options: 1. The placement of an approved artwork on-site 2. Placement of an approved artwork off-site 3. Donation of artwork 4. Fees in lieu of art placement. The program would establish a fee schedule from which would be determined the minimum value of the art to be installed or the in-lieu fee to be paid. This new development fee would be levied on new construction based on the total building permit value of the construction. In our studies, the City of Palm Desert has what appears to be the fairest "% for the arts" policy. Their rates are shown in the following fee schedule. 1. All individual residential units whose building permit valuation is in excess of $100,000 shall be charged 1/4 of 1% of that portion of the valuation in excess of $100,000. Individual residential units with a building permit valuation of less than $100,000 are exempt from any "Art in Public Places" development fee. 2. All commercial and industrial development , including multi-family residential developments, shall be charged the rate of 1/2 of 1% of the building permit valuation, said charge not to exceed $50,000. 3. The City and other governmental jurisdictions building within the city shall be charged 1% of the total project cost for all public facilities, excluding all street, sewer , 4 water and drainage projects. If such a % for the arts" policy were to have been in effect duting calendar 1994, it would have produced the following amounts. EXHIBIT I ESTIMATED AMOUNTS THAT WOULD BE PRODUCED BY THE RECOMMENDED PERCENT FOR THE ARTS SCHEDULE City of San Luis Olbispo (1994): 64 Residences totaling $8,744,626 - $6,400,000 x 1/4% _ $5,861 Commercial and multi-residential totaling $5,090,892 x 1/2% = 25,791 Public construction and Commercial alterations totaling $6,030,364 not included ----------- $31 ,652 How would it be administered/ enforced? No Certificate of Occupancy would be issued by the city for any structure unless the "Art in Public Places" development fee is paid or requirements for an "in lieu fee" have been met. The city may elect to allow a development the option of installing its own art in lieu of paying a fee as long as the art contributed is reasonably commensurate in value to that of the required fee. As in-lieu fees are collected, they would be placed in a special fund and could only be used for related public arts purposes. As soon as amounts are sufficient, public art would then be commissioned and selected through one of a variety of processes. See the following flow chart used in the City of Palm Desert.