HomeMy WebLinkAbout02-03-2015 PH1 Public Art PolicyCity of San Luis Obispo, Council Agenda Report, Meeting Date, Item Number
FROM: Katie Lichtig, City Manager
Prepared By: Shelly Stanwyck, Director of Parks and Recreation
Melissa C. Mudgett, Recreation Manager
SUBJECT: CONSIDERATION OF PROPOSED CHANGES TO THE CITY’S PUBLIC
ART POLICY
RECOMMENDATION
Review and approve proposed changes or direction regarding the City’s public art policies,
including:
1. Direction to update the City’s Public Art policy to include management of
temporary public art and pilot programs
2. Direction to update the City’s Public Art policy to include the Utility Box Art
Program
DISCUSSION
Public Art Policy
The Public Art Policy outlines the processes in which the
public art program is funded, criteria for evaluating and
selection of public art, and Advisory Body review
guidelines. The two areas of discussion included in this
report are in response to management of temporary public
art programming.
To enable the City’s public art and Public Works staff to be
more responsive in program operations and maintenance,
staff is recommending the City’s Public Art Policy be
updated to include language supporting the creation and
management of Temporary Public Art programs
(Attachments 2 and 7).
The City’s current Public Art Policy, provided as
Attachment 1, was last updated in June 2011. Staff
continues to identify program efficiencies and maintenance
needs that enable its operations to be more responsive,
where appropriate. Recent work in the area of temporary
public art and the City’s Utility Box Art program has
highlighted the lack of policy language and the need for
updates to the City’s public art policies and procedures to
address these types of installations.
2/3/15
Twenty six years ago, the City
established and funded a public
art program. To date, the City
enjoys a robust public art
program with 68 public art
pieces. This collection includes
36 permanent public art pieces
located throughout the
community and the 32 Utility
Box Art program boxes as
temporary public art
installations. Two more public
art installations are scheduled in
2015: four Skate Park concrete
jungle trees have recently been
completed and the World Trade
Center Memorial at Fire Station
No. 1 is estimated for
completion in Fall 2015.
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Public Art Policy Updates Page 2
Temporary Public Art Program
The purpose of the Temporary Public Art and pilot programs policy is to encourage the creative
uses of public art throughout the community through the promotion of opportunities,
establishment of guidelines, and minimum maintenance requirements. Updates to the City’s
Public Art policy would include temporary public art and pilot programs would identify program
parameters to help guide program direction, location, and artist(s) selection. The same public art
evaluation criteria would apply to any temporary public art program proposal with a required
review by an evaluation group, Advisory Bodies and City Council. Staff is recommending
Temporary Public Art and pilot programs shall be on display for a period of approximately five
(5 years). Display of temporary public art beyond five years may be considered permanent.
Temporary art would be subject to renewal every 5 years as funding is available. Council’s
approval would be required to convert public art from a temporary status to a regular ongoing
program/permanent art exhibit. The proposed changed to the Public Art Policy to include
Temporary Public Art and pilot programs are provided as Attachment 2.
Utility Box Art Program
In 2010, as part of the City’s Downtown Maintenance and Beautification project, the City
Council approved funding for the Utility Box Art pilot project to paint sixteen utility boxes
throughout the downtown area (Attachment 3). This pilot project was initiated by the City with
the support of the San Luis Obispo Downtown Association and Arts Obispo. Initially conceived
as a graffiti abatement measure to enhance unattractive utility/traffic control boxes at various
high visibility intersections in the Downtown core, widespread popularity of the box art program
quickly grew and enabled the pilot program to expand. A second phase of utility box art was
rolled out in 2012 adding 16 more utility boxes to the program. Currently, the Utility Box Art
Program has thirty-two (32) painted boxes throughout the City (Attachment 4).
The Utility Box Program was designed to use the funding for regular lifecycle maintenance of
city assets in a creative way. The program allowed for these street level artworks to add vibrancy
to our cityscape, while creating a sense of place and identity for our community through a
resident committee art selection process. These public artworks were not intended to be
permanent but rather a temporary canvas through which artists and community members could
express themselves and their identity. (Attachment 5 – utility Box Art Request for Proposals)
Over the past five years of the pilot program, various painted utility/traffic control boxes have
required maintenance upgrades, including cabinet replacement, installation of battery back-up
cabinets on the side, or repairs as a result of unanticipated damages, all of which impact the
artwork. This generated questions about how best to address the affected artwork. Updates to the
City’s Public Art policy include making Utility Box Art a regular ongoing public art program
and identify maintenance procedures for the artwork should the utility/traffic control boxes
require repairs, removal or modification. A Utility Box Art Artist Agreement outlining the
responsibilities of the program is provided as Attachment 6.
The proposed change to the Public Art Policy to include the utility Box Art Program is provided
as Attachment 7 and includes a requirement of Cultural Heritage Committee review of Box Art
proposed in historic districts, as well as guidance on the evaluation process, materials guidelines,
maintenance requirements, and artists’ stipends.
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Public Art Policy Updates Page 3
CONCURRENCES
The Public Works Department staff has reviewed the recommended public art policy additions
and concurs with the recommendations included in this report.
FISCAL IMPACT
There is no General Fund fiscal impact associated with the update to the City’s public Art
Policies to include direction for temporary public art pilot programs and the Utility Box Art
program.
ALTERNATIVE
1. Do not approve proposed Public Art policy changes. The City Council could decide not
to approve one or more of the proposed budget policy changes. In this case, direction
should be given to staff regarding the related issues and any other changes desired to the
public art policies.
ATTACHMENTS
1. Public Art Policy
2. Proposed Public Art Policy Changes – Temporary Public Art
3. Council Agenda Report, June 2010
4. Box Art Map
5. Utility Box Art Request for Proposals
6. Utility Box Art Agreement
7. Proposed Public Art Policy Changes – Utility Box Art
t:\council agenda reports\2015\2015-02-03\utility box art policy update (stanwyck-mudgett)\ecar utility box art policy.docx
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Updated: June 2011
POLICIES & PROCEDURES MANUAL
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TABLE OF CONTENTS
INTRODUCTION 1
What is Public Art 1
CITY FUNDED PUBLIC ART 2
Public Art Funding -- % for Art 2
Summary of Process 2
Funding Policies 3
Funding Procedures 3
Public Art Managers Role 4
Generating Ideas for Public Art in CIP 5
Methods for Selecting Public Art 7
Evaluating and Selecting Public Art 8
Design Review / Public Hearings 10
Artist Compensation 11
Public Art Installation 11
Maintenance and Repair of Public Art 12
Legal Issues 13
Dedication of Public Art piece 14
PRIVATELY FUNDED PUBLIC ART 15
Submittal of a Proposal 15
Evaluation of the Proposal 15
Approval of the Proposal 15
Contract Preparation 16
Issuing of Permits 16
Labeling of Art 16
Final Acceptance 17
Dedication of Public Art piece 17
MATCHING GRANT FOR PUBLIC ART 18
Grant Criterion 18
Summary of the Process 18
PUBLIC ART IN PRIVATE DEVELOPMENT 20
Placement of Public Art in Private Development 20
Public Art Donated to the City 21
Payment of Art In-Lieu Fee 22
Certificate of Occupancy 22
Ownership of Public Art 22
Removal or Alteration of Public Art 23
Use of Public Art In-Lieu Fees 23
APPENDICES
Resolution 6811 – Adopting Visual Arts in Public Places Program A
City Funded Public Art Process Flow Chart B
Guidelines for Public Art C
Sample Artist Contract D
Public Art Final Acceptance Letter E
Public Art Maintenance Record F
Privately Funded Art Process Flow Chart G
Privately Funded Public Art Application and Waiver H
Resolution 9659 – Adopting Matching Grants for Public Art Program I
Matching Grants for Public Art Process Flow Chart J
Ordinance 1372 – Adopting Public Art in Private Development Program K
Planning Application & Public Art Proposal Checklist L
Privately Funded Public Art Process Flow Chart M
Public Art Maintenance Record N
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INTRODUCTION
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.
Funding for public art can come about in a number of different ways and currently includes the following
three options:
1. City Funded Public Art. Each year the City of San Luis Obispo sets aside one percent (1%) of the
estimated cost of eligible projects in its Capital Improvement Plan for public art.
2. Privately Funded Art in Public Places. Private Citizens may donate public art to the City for
personal reasons.
3. Public Art in Private Development. The City requires private developers to include public art in
their projects valued at one-half of one percent (.5%) of the cost of construction over $100,000.
Optionally, developers may contribute an amount equal to the value of the required art to the City’s
art-in-lieu account or donate a comparably valued piece of art to the City.
4. Matching Grants for Public Art. The City has established a matching grant program to encourage
public art . Public art projects receiving matching funds should provide a clear public benefit and
advance the City's public art goals. For every request, the Council will determine an appropriate
level of match, not to exceed 50% of the cost of the project.
There are different procedures to be followed for each source of public art. Accordingly, this manual is
divided into separate sections that cover each of these processes.
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CITY-FUNDED PUBLIC ART
In May 1990, the City Council established and funded a public art program. The Council determined that
one percent (1%) of the estimated construction cost of eligible projects in the Capital Improvement Plan
should be set aside for public art. (See enabling legislation, Appendix A) As a budget balancing strategy,
the City Council could (through the city budget process) specify a differing amount for the public art
allocation.
Summary of the Process
1. The Finance Department includes an art funding component in each Financial Plan budget
request equal to 1% of the construction component for all eligible projects.
2. A committee comprised of City staff, currently the Capital Improvement Plan Committee,
determines which capital projects will be recommended for public art, based on available funding
and suitability of project. The committee also recommends funding levels for each project.
3. Council approves committee’s recommendations for public art in certain capital projects.
4. Art is incorporated into preliminary project studies and design for recommended projects.
5. Public Art Manager solicits artist's qualifications and/or proposals.
6. Public Art Manger appoints an art jury.
7. Artist/artwork is selected by jury.
8. Proposed artwork is reviewed by Public Works staff, as appropriate.
9. Proposed artwork is reviewed by the Cultural Heritage Committee, the Parks and Recreation
Commission and/or the Mass Transportation Committee, as appropriate.
10. Architectural Review Commission (ARC) approves artwork and forwards recommendation to City
Council.
11. City Council approves artwork.
12. Public Art Manager prepares public art contract.
13. Public Art Manager secures planning/construction permits and works with artist to fabricate
artwork.
14. Artwork is installed.
15. Public Art Manager inspects the artwork and compiles the maintenance information.
*See Appendix B for a flow chart of the process
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Funding Policies
The following administrative policies have been developed to effectively manage the City-funded
public art program:
1. Eligible Projects. All Capital Improvement Plan projects are considered eligible for public art,
and are expected to contribute to the City’s public art fund in an amount equal to one percent (1%)
of the project's construction cost, unless the project is exempt. Exemptions include:
Utility projects, such as sewer or water system improvements.
Underground projects, such as new storm drains, storage tanks and similar items.
Public art projects themselves.
The portion of any project funded by grants from outside agencies.
2. Public Art Account. A Public Art Account is maintained by the Department of Finance to fund
public art projects. As part of the Financial Plan process, every two years, an amount equal to
one percent (1%) of the construction component of all eligible projects is placed in this account.
Funding is then transferred by Finance staff to either a public art phase of a capital project
account or to a specific public art project account once the Council determines appropriate public
art projects for the two year financial plan.
Funding Procedures
The following procedures are followed by City staff to set up funding for public art projects.
1. Identify Capital Projects. Departments normally submit Capital Improvement Plan Requests for
the construction of projects during the regular budget cycle. As part of those submittals, the
Finance Department includes a public art funding component equal to 1% of all eligible projects’
construction costs.
2. Public Art Account. Public Art funds identified in a Capital Improvement Plan and approved by
Council are then set aside in a "Public Art Account".
3. Allocation of Public Art Funds to Projects. Following approval of the two-year Financial Plan,
the City's Capital Improvement Plan (CIP) Review Committee meets to determine which capital
projects are most appropriate for the inclusion of public art, as well as an appropriate level of
funding for each project. The CIP committee may also recommend other public art projects that
are not tied to a CIP. The following criterion is used to identify projects suitable for public art:
a) Project should have high public visibility and use.
b) Project should lend itself to the inclusion of public art.
c) Project should be public art ready, meaning the project should be nearing the design phase or
near or under construction and will be completed within the two year CIP.
d) The number of projects should be limited in order to focus staff efforts and result in meaningful
pieces of public art.
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The Public Art Manager forwards the Committee's recommendations to the Council for approval.
4. Transfer of Funds to Project Budgets. Upon Council approval of recommended public art
allocations, the Finance Department transfers funding from the Public Art Account to the public art
line item in the designated project budget.
5. Staff Reports to City Council. Staff reports submitted to the City Council or to the City Manager
to request approval to solicit bids or proposals for capital projects state whether public art has
been designated as part of the project scope. If the project has been approved for public art, the
discussion includes a suggested art theme, how proposals will be solicited, and the estimated cost
of the public art project. This information is included in the staff report under a separate sub-
heading at the end of the "DISCUSSION" section entitled “Public Art”.
Public Art Manager’s Role
The Public Art Manager is responsible for the following:
1. Eligibility and funding. Making sure that for each capital project answers to the following:
a. Is the project designated for public art?
b. If so, has the funding been transferred to the project budget?
c. Has sufficient funding been set aside from the allocation for artist pre-selection stipends
($3,500), plaques ($500), and dedication ceremonies ($300)?
2. Planning and design. Although the Public Art Manager does not design the artwork, they are
expected to recognize and plan for the possibilities. Steps would typically include:
a. Identifying possible locations in a capital project for public art. The project designer, an artist
or representatives from local arts organizations may help suggest artwork sites.
b. Possibly suggesting the general type of public art possible, for example, ground- or wall-
mounted sculptures, murals, landscape art, special architectural features, such as windows,
benches or railings, or other possibilities.
c. Determining whether the approved budget is adequate for the proposed art concept. Some
projects may warrant larger public art expenditures. For example, important public buildings
like a performing arts center or City Hall expansion may offer special opportunities for public
art and a decision may be made to request Council augmentation of the approved budget.
d. Designing the capital project to accommodate public art. The location of the artwork should
enhance the project's overall appearance, and be publicly visible or accessible. Whenever
possible, the artwork should be a part of the actual project itself.
3. Selection of Artist and Artwork. Like other consultants or contractors who work on capital
projects, artists work under contract with the City. The Public Art Manager administers the
selection and contracting process. Tasks include:
a. Determining the best method for selecting an artist (See Methods of Selecting Public Art).
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b. Arranging for the RFP/RFQ to be evaluated by a selection committee or "jury".
c. Providing the Public Works Director or his/her designee the opportunity to review the
RFP/RFQ for impacts of proposed placement or maintenance.
d After jury acceptance of a proposal, assuring that the Architectural Review Commission (ARC)
and other appropriate advisory body review has occurred regarding whether the proposed art
piece is consistent with the City’s Guidelines for Public Art (Appendix C).
e. Preparing an agenda report and taking the selected artist’s design to the Council for approval.
f. Preparing contract documents.
4. On-going review. The Public Art Manager takes steps to insure a smooth construction process
by:
a. Processing invoices and other pay requests.
b. Monitoring and inspecting work progress to insure a quality project.
c. Following up to insure that the artwork meets all code requirements and permit conditions.
5. Final Inspection and Acceptance. The final steps for the Public Art Manager include:
a. Arranging for final inspection of artwork by appropriate City staff.
b. Verifying in writing that the artwork has been completed per contract.
c. Arranging for a plaque acknowledging the artwork and artist.
d Arranging for City Council and/or public reception/dedication for the project and the artwork.
Generating Ideas for Public Art in Capital Projects
The Public Art Manager is not expected to be an artist or to single-handedly create public art. S/he is
expected, however, to be the catalyst, and to take the necessary steps to make it happen. Again,
consulting with local artists or representatives from the local arts organizations may be helpful.
1. Getting Started. The Public Art Manager’s key role is to define the possibilities for art. To do
this, s/he should:
a. Know the site. Contact the County Historical Museum, Cultural Heritage Committee, the San
Luis Obispo County Arts Council, local historians or other City staff to understand the site's
background. For example, what is the site's cultural or historic significance? How is it (or how
could it be) related to other public spaces or facilities? How has it changed over time? Does it
have environmental features that might be repeated in the artwork? Could the art become a
part of the architectural fabric of the building?
b. Be aware of site context. A historic neighborhood or building, natural feature, or cultural
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pattern (e.g. Chinatown, Government Center, Mission Plaza, etc.) can strongly influence the
type of art selected.
c. Look for design opportunities. Most projects will not automatically present locations for art -
- the opportunities usually have to be created. This means thinking about how art could be
included early in the project study and design phases, not after the construction drawings are
done. Some creative approaches to incorporating art in project designs include:
A city building that incorporates bas-relief sculpture or mosaic tile into its exterior design,
and changeable exhibit space inside.
A parking lot that includes a unique seating area or sculpture.
A bikeway with a series of decorative panels inset into the paving.
A bridge with a gateway arch, mural, or water feature.
2. Generating ideas. The possibilities are numerous. They grow out of the site's characteristics,
context, functional needs, and the project’s design. It starts when the Public Art Manager (in
collaboration with artists, arts organizations or other staff) generates some ideas -- keeping them
loose and very open-ended at first. For example:
a. Public Buildings:
Provide interior wall space or display cases in prominent interior locations for the
changeable display of public art, possibly from school or community groups; or works on
loan from artists or arts organizations.
Emphasize permanent artwork at building entries, exterior patios or courtyards, or any
visually prominent location used by the public. Consider using rich, architectural materials
that integrate art with the building, such as the tile mosaic of Old Mission life at the rear
entrance to City Hall.
b. Parks, plazas, playgrounds:
Sculpture, entry gates, specially designed walkways, murals, landscape art, fountains, and
artfully designed street furniture, signage, trash receptacles, bike lockers, bike racks and
bandstands are just a few possibilities.
c. Streets, alleys, median planters, sidewalks, trails, bikeways, public transportation and
parking facilities:
These locations offer some of the best opportunities for public art. They are highly visible
and accessible. And due to the large expanses of paving, they can often benefit from the
visual interest and variety that public art can provide. Linear or repeating artworks can be
used, for example, to unify a bikeway plan and provide orientation stations along routes.
d. Miscellaneous Projects.
Bridges, creek improvements, above ground utility stations, and other special facilities also
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present public art opportunities where they have good public visibility. Creek projects, in
particular, should include art that enhances the creek’s natural beauty and ecological
diversity.
3. Getting Help. Public art is one more item that the project manager for the CIP needs to consider
in getting projects built. There are resources both inside and outside of the City to help with this
task. For example:
a. The Public Art Manager can explain the public art program requirements, will help facilitate
the review of art projects through the various public approvals, including jury selection, public
relations and Council approval, and will provide a list of potential artists to receive the request
for proposals;
b. Finance staff can advise you on funding strategies and requirements;
c. The San Luis Obispo County Arts Council assists the City by providing expert technical
advice and commentary on public art, and serves as a liaison between the City and the art
community;
d. The San Luis Obispo County Arts Council Directory, located on their web site
(www.sloartscouncil.org) is also a good source for ideas and finding artists.
Methods of Selecting Public Art
Since public art is often such a prominent visual feature, it is important that each artwork be thought
through carefully. Early public participation is a key part of the process. Another key aspect is
involving the artist in the overall project design phase early on so that the work of art is well integrated
with the site and/or buildings.
1. Developing Artwork Parameters. Before hiring an artist, some general parameters should be
set to help guide artist selection. Based on knowledge of the site and the project's design
possibilities, a number of possible locations and general types of art that would work for the
project should be identified. Feedback should be sought on these ideas from other staff, or the
San Luis Obispo County Arts Council, as mentioned earlier. (See previous section, Generating
Ideas for Public Art in Capital Projects.)
2. Selection Strategies. Typically, an artist is selected in one of the following manners:
a. Request for Qualifications. A Request for Qualifications (RFQ) followed by a Request for
Proposals (RFP) is the most common method used for selecting an artist. The Public Art
Manager will notify a current list of potential artists and art organizations regarding the Call for
Artists.
b. Sole Source. This approach reflects the fact that public art is fundamentally different from
most other types of public works. With art, we are looking for an individual expression or
unique idea -- not price comparisons for one plan or idea. In some cases, the Council or
Public Art Manager may have a specific artist or type of art in mind, and may choose to
request a proposal from an individual artist without going through competitive selection. This
approach requires Council approval and needs to be clearly justified as to why
competitive selection is not needed or desirable, and how sole sourcing will better
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meet the City's objectives for the project.
c. Acquisition. Acquisition of an art piece that has already been completed by an artist may be
appropriate in some very rare circumstances. The purchase price and the cost of installation
comes from the percent-for-art budget. Council approval is required before this process
may be used.
3. Policy statement on artist recruitment.
One of the City's goals is to promote the involvement of local artists and citizens in the public art
program. In juried art competitions of under $40,000 a residency requirement will mandate
eligible artists reside within San Luis Obispo, Monterey and Santa Barbara counties.
Evaluating and Selecting Public Art
In cities throughout the U.S. there has been growing support for public art. However, some projects
have been widely criticized as being "plop art" -- elements simply "plopped" down without sensitivity to
the site or to the people who use the space. Understanding what to look for and integrating artists in
the early stages of a project can help to avoid "plop art."
A. Public Works Department Review. Prior to beginning the jury review, the Public Art Manager
arranges for the project to be reviewed by appropriate staff in the Public Works Department. The
purpose of this review is to uncover any significant engineering or maintenance issues that may
arise out of the placement of art or the choice of materials for the artwork for the particular site. If
the artwork is part of a larger construction project, it may be valuable to have the project
contractor present, as well. This information will be presented to the jury to help guide their
decisions when selecting a piece.
B. Selecting an Art Jury. The majority of City public art projects will use the Request for
Qualifications (RFQ) selection method. Art juries help staff evaluate the qualifications received
and make a final selection to proceed through the remainder of the approval process. The
preferred approach is to create a five/seven member jury for a project. In some cases, a
slightly larger jury may be necessary to accommodate all the parties impacted by the artwork.
Jury composition will vary depending on the type of art project but should include a selection of
the following, as appropriate:
An Arts Council Member
At least two professional artists
A neighbor or representative of a neighborhood association when a neighborhood will be
impacted by the project.
A for-profit or non-profit business representative, preferably one whose business will be
impacted by the project
An educator/historian, or someone aware of the historical implications of the artwork in the
community
As appropriate, a member of the Parks and Recreation Commission, Downtown Association,
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the Cultural Heritage Committee or the Mass Transportation Committee.
The San Luis Obispo County Arts Council can assist the Public Art Manager in contacting
appropriate artists and members of the Arts Council. In addition, the Public Art Manger has a
current list of prospective jurors who have indicated a desire to serve on an art jury.
C. The Jury Selection Process
a. Stage 1. Applications submitted in response to this RFQ will be reviewed by the Public Art
Manager who will then forward all complete and eligible applications received by the deadline to
the selection committee (jury) consisting of: San Luis Obispo County Arts Council member(s),
local artist(s), interested community members, City staff and a neighbor(s). Upon evaluating
the qualifications provided in the applications, the jury will shortlist three to five semi-finalists to
be invited to participate in an RFP process as well as an interview and discussion of project
concepts. NO PROPOSAL FOR ARTWORK IS REQUIRED DURING THE STAGE 1
SELECTION PROCESS.
b. Stage 2. (Only semi-finalists will be able to participate in Stage 2)
Those artists selected will each receive a $700.00 honorarium for travel expenses and the
development of specific concepts (up to three concepts per artist/team). As part of the process,
prior to creating a concept design(s), each semi-finalist/team will travel to the City of San Luis
Obispo for a site visit and meeting with the Jury and City staff to understand the opportunities
and limitations within the site and to witness the local environment.
As a part of the Sage 2 Proposal, each semi-finalist/team shall provide a detailed, all inclusive
estimated budget including costs associated with the fabrication and installation of the work
including engineering, lighting and landscaping. Semi-finalists/teams will be given four (4) weeks
to adequately undertake the Concept Proposal(s) and estimated costs. The proposals may be
publically displayed for community viewing and response.
Project concepts will be evaluated on the following criteria:
Understanding of the work required by the City
Evaluation of artistic excellence
Appropriateness of scale, form, material, content and design relative to the site
Relationship to the social, cultural and/or historical identity of the site
Appropriateness of proposed materials in regards to structural and surface integrity, public
safety and weathering and its protection against theft and vandalism
Appropriateness of proposed method of installation of artwork, and the safety and
structural factor involved in installation
Ease of maintenance
Evaluation of proposed budget and the artist’s ability to successfully complete the project
within the proposed budget
Experience in working on comparable projects
c. Final Selection. Following artist interviews and design review of the top proposals, the
jury selects a final design that then proceeds forward for review by the appropriate
Commissions/Committees, the Architectural Review Commission and final approval by the
City Council.
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Design Review/Public Hearings
Planning Review
a. Review Steps. It is the Public Art 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 follows these public review steps:
environmental review (typically Categorically Exempt and not required if public art proposal
is in the interior of a structure)
review by the Architectural Review Commission
final approval by the City Council
(1) 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)
Cultural Heritage Committee (if in Mission Plaza or other designated historical area)
(2) Art projects deemed "minor or incidental" can be approved by the Community
Development Director, subject to the usual public notice requirements.
b. Concurrent Review. It is preferable for the artwork to be designed, reviewed, and approved
concurrently with the capital project. This approach: 1) allows the artwork to be designed as
an integral part of the overall project; 2) allows the design, fabrication, and installation of the
artwork under a single contract; and 3) is usually easier and more efficient in terms of staff time
and public review.
c. Separate Review. Sometimes, for reasons of design, funding or timing, it is necessary to plan
the public art after the main project design is completed. Although the general location and
type of artwork should be decided during the project planning stage, the actual design and
implementation is then handled separately from the main project bidding and construction.
The best approach depends on the particular project, and the project manager needs to
discuss alternatives with department management and the Public Art Manager.
d. Architectural Review Commission and Other Commission Review. It is important for the
Public Art Manager to understand the role of the Architectural Review Commission (ARC) and
other Commissions/Committees in reviewing public art. The art jury has already selected the
artistic design, and future review must respect the integrity of that design. The ARC is charged
with insuring that the proposed artwork meets the City’s Guidelines for Public Art (See
Appendix C) and that it is appropriate for the proposed location. Minor adjustments could be
suggested, for example, to make the location fit better. However, the ARC or any other City
Committee or Commission should not become involved with redesigning the actual
artwork.
Artist Compensation
Methods of Payment. Artists can be paid on an hourly basis, with fixed payments tied to a performance
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schedule, by lump sum, or on some other basis, similar to other types of consultants. Whatever the
approach, payments should be tied to a clearly defined and agreed upon schedule of performance. It is
also customary to pay a retainer fee of 20-25% of the total contract price upon awarding the contract. Any
other terms or special conditions, such as a liquidated damages clause, unforeseen costs or delays, and
other provisions are negotiated on a case-by-case basis as necessary. A modified version of the City’s
standard contract should be used. See Appendix D for a sample artist contract agreement.
Typical Payment Schedule. A typical artist's payment schedule will relate compensation to the value of
work received, as in the following example:
Award of Contract 25%
Mid-point of Contract 50% **
Acceptance of Completion 25%
** Depending on the type of art involved, different milestones can be set to establish when mid-
construction payments should be made, i.e., for a sculpture, when artwork goes to the foundry
could be one phase, completion of foundry work could be another. If an extensive construction
design plan is needed, completion of that plan could be a payment milestone.
Public Art Installation
Like most other construction projects, public art requires plans and specifications. Although these may
vary in terms of detail and complexity, even the simplest art project requires plans and specifications,
either included with a larger bid document being issued for the entire capital project (if the construction
contractor is responsible for installation) or a separate bid (if the artwork is a free-standing project and
being installed by someone other than the artist.)
1. Plans and Specifications - What's needed? Plans for public art projects require much of the
same information as other types of new developments. Depending on the type of public art, the
following information is typical:
Site Plan
Grading Plan (if appropriate)
Elevation/section drawings (if appropriate)
Design, attachment, and/or fabrication details
Structural Calculations
Material and performance specifications
Maintenance program
Each project is different, and the project manager will need to decide how much, and what type of
information is needed to successfully fabricate and install the artwork.
2. Plan Check, Permit and Inspections
a. No Building Permit Required. Most types of freestanding public art are treated as structures
in the Uniform Building Code, and require a construction permit; however, the City is not legally
required to get a building permit for its own capital projects.
b. Inspections. Any public art project that poses structural safety concerns should be
reviewed by the Chief Building Official for safety. Inspections are required to insure
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that the project is built as approved.
(1) For small projects, like small sculptures, murals, or similar projects where structural
safety is not a concern, one building inspection is usually sufficient upon completion.
The Public Art Manager also does a final inspection when the project is complete.
(2) For larger or more complex projects, several inspections may be needed. It is the project
manager's duty to call Building and Planning staff to set up the inspections. If the inspector
finds problems or changes from approved plans, s/he sends a correction list to the project
manager within 48 hours of the inspection. The project manager then needs to coordinate
with the artist, architect, and other staff members to resolve the "punchlist" items before the
City finally "accepts" the artwork and makes final payment for the work.
3. Final Acceptance. All new public art projects, whether freestanding or part of a larger capital
project, require a final acceptance by the Public Art M anager, acting on behalf of the City. After
the art project has been signed off by all inspectors, the Public Art Manager prepares a letter
formally accepting the artwork. The letter documents completion of the artwork, triggers artist
and/or contractor payments, and allows the City to express thanks and congratulations to key
participants. The letter is signed by the Public Art Manager and the project manager and
addressed to the Community Development Director, with copies to the CM, project architect or
engineer, project artist and contractor. (See Attachment E for sample acceptance letter.)
Maintenance and Repair
Like most City facilities, public art requires maintenance and occasional repairs. Although the City's
guidelines encourage artworks requiring "little or no maintenance", artworks will vary in the amount of
maintenance required, resistance to vandalism, and ease of repair.
1. Maintenance Record Form. It is essential that the artist and the City be clear about
maintenance expectations up front. Prior to final acceptance of the artwork, the Public Art
Manager insures that the artist has completed a Maintenance Record Form. A sample form is
provided in Attachment F. The original copy of the form is kept by the Public Art Manager and a
copy is forwarded to the Public Works Department.
2. Maintenance Responsibility. The Public Works Department is responsible for maintaining City
facilities, and this includes all City-owned or City-sponsored public art. Temporary artworks
owned by others but exhibited in City buildings or on City-owned land is the responsibility of the
owner, unless other arrangements are made by prior agreement with the City. A list that identifies
which Public Works Department division is responsible for the maintenance of a particular piece of
public art is available from the City’s Public Art Manager.
3. Maintenance Cost. The public art maintenance fund covers the cost of all public art
maintenance. For this reason, it is important that Public Works staff notify the Public Art Manager
if maintenance of an artwork is needed.
4. Types of Maintenance. City crews are responsible for:
a. Routine Maintenance. Such maintenance includes trash and graffiti removal, cleaning,
waxing, minor landscaping, replacing light bulbs, and mechanical activities like tightening,
adjusting, and oiling. Frequency will vary by type of artwork, but bi-weekly or monthly checks
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by maintenance staff during the normal course of their rounds would be typical.
b. Cyclical Maintenance. Cyclical maintenance is done at regular, but much less frequent
intervals. It involves more extensive treatment such as disassembly, inspection, and surface
applications of protective coatings (e.g. repainting). Because this work could significantly affect
the appearance and longevity of the artwork, it may require special knowledge or skills. Before
proceeding with the work, staff should either:
(1) Consult the artwork's Maintenance Record Form for specific procedures, or
(2) Consult the artist or other competent art professional on use of cleaning compounds,
paints, solvents, and surface coatings.
c. Repair and Restoration. This involves the treatment of damaged or deteriorated artworks to
return them to as close to their original appearance as possible. Extreme care must be used
to maintain the artistic integrity of the artwork. The repairs must preserve the artist's intent in
both design and materials. In many cases, such repairs require the involvement of the original
artist, or if that is not possible, an art conservator trained in art restoration. Again, the artwork's
Maintenance Record Form, prepared by the artist prior to final City acceptance of the artwork,
gives some guidance on this issue. The City has an ethical and legal responsibility to maintain
the artistic integrity of an artwork (Calif. Art Preservation Act, Cal. Civ. Code 987 (West Supp.
1985)). Improper maintenance and repair methods can damage valuable artworks, and may
trigger legal challenges by the artist.
Legal Issues
1. Ownership. In most cases, the City will own public art installed in connection with capital projects
-- but not always. For example:
a. City-funded Public Art. Under the terms of the City’s contract with the artist, all City-funded
art installed on City property is owned by the City upon its completion.
b. Jointly Funded Public Art. Sometimes private funding may be used to augment City funds
for public art on City property. Due to the joint sponsorship, an "art agreement" is necessary
between the City and other government agencies or private sponsor that clarifies mutual roles,
responsibilities, funding levels, and other terms.
2. Insurance Requirements
a. During Fabrication of Artwork. Because of the uniqueness of each piece of public art, the
City’s Risk Manager needs to be consulted to determine the appropriate type and level of
insurance that must be carried by an artist during the time the artwork is being fabricated and
installed. As a service to the artist, the City currently offers an insurance policy that can be
purchased through the City. Cost of the insurance varies depending on the value and scope
of the artwork. The artist should be directed to the Risk Manager for a cost estimate and to
complete appropriate paperwork.
b. Upon Acceptance by City. Once a permanent artwork is formally accepted, the City
assumes responsibility and liability for the art.
3. Relocation, Alteration or Removal
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a. Reasons for Relocation, Alteration or Removal. From time to time, permanent City-owned
artworks may need to be relocated, altered, or removed from public display. Reasons for such
changes could be as follows:
(1) significant changes occur in the design or function of the site or facility where the artwork is
located;
(2) to avoid damage to the artwork, e.g. during construction activities or as a result of
vandalism, war or civil unrest, natural disasters, and environmental pollution;
(3) to allow major repairs or restoration that could not be effectively done in place;
(4) to improve public health, safety or welfare; or
(5) to promote the public interest and the City's Visual Arts in Public Places program goals.
b. Approval of Relocation, Alteration or Removal. As necessary as removal or relocation
may seem, it should be undertaken only after careful consideration and only as a last resort.
Artworks are usually created for a specific location, and changes may not be consistent with
either the City's or the artist's original intent. Moreover, California, New York, and
Massachusetts have enacted laws establishing artists' "moral right" to protection of their work
against unauthorized alteration or destruction”. To ensure that all parties' needs and rights
are considered, City Council approval must be secured for the relocation, alteration, or
removal of permanent, city-owned artworks.
c. Contract Language on Relocation, Alteration or Removal. The Public Art Manager must
make sure that:
(1) The artist's contract clearly acknowledges the City's rights to relocate, alter or remove the
artwork, with or without special conditions requiring written notice to the artist, prior artist
permission, arbitration in the event of a dispute, or other provisions;
(2) The City has the permanent addresses and phone numbers of the artist and at least one
other responsible party who can be contacted regarding relocation, alteration or removal. It
is the responsibility of the artist to keep this information current.
Dedication of Artwork
Once installation of the artwork is complete, the Public Art Manager organizes a dedication ceremony
that presents the piece to the community and recognizes the artistic efforts of the artist. This may occur
consecutively with the dedication ceremony for the capital project or at a later date, if the artwork is
completed after the capital improvement project.
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PRIVATELY FUNDED ART IN PUBLIC PLACES
An important source of public art is that which is privately funded, but located in a public place.
Usually, such works are commissioned by an individual, a group of individuals, a non-profit
organization or a business or corporation. Whatever may be the reason for the offer of public art to
be placed on City property, the offer triggers the following process.
Submittal of a Proposal
1. Submittal Form. All proposals for privately funded public art placed on City property are
submitted to the Public Art Manager on the Application for Privately Funded Public Art
(Appendix H). The form must be accompanied by drawings, models, photographs or any other
graphic depiction that will help to clearly define the artwork. All proposals must be for original
works of art. (See Introduction – What is Public Art?)
2. Solicitation of Competitive Proposals. When a proposal is submitted, whether by a patron
or by an artist, it is not necessary for the City to solicit additional competitive proposals for the
same location from other artists.
Evaluation of a Proposal
1. Evaluation Jury. Once the proposal is received by the Public Art Manager, s/he calls together a
jury from a standing pool of resource individuals to judge the merits of the proposal. (See
Selecting an Art Jury, pg. 8)
2. Evaluation Criteria. The jury applies the standard Guidelines for Public Art (Appendix B) in
making a determination that the proposed project is acceptable to the City and should move
forward in the approval process.
3. Evaluation Criteria for Historical Locations. Projects proposed for areas of high historical
sensitivity, such as Mission Plaza and surrounding area, should be given the closest possible
scrutiny to determine if the project would be an enhancement to the area. Projects which do
not garner the unanimous support of the jury will not proceed.
4. Appeal Process. If the jury rejects a proposal, the patron has the right to appeal this decision
to the City Council in accordance with the appeals procedures in Section 1.20.020 of the
Municipal Code. The jury’s findings and rationale for rejecting the project will be made
available to the Council when considering the appeal.
Approval of a Proposal
1. Approval Process. Once a privately funded project is recommended for placement on City-
owned property, it will be reviewed by the following departments and City advisory bodies.
The Public Art Manager acts as the project manager for all such projects and is responsible for
"shepherding" them through the following approval stages. It should be noted that, with the
exception of the first step, this is the same approval process used for City-sponsored
public art (a more detailed explanation of this process can be found in Part One – Evaluating
and Approving Public Art).
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a. The Public Art Manager reviews the proposed project to assure that it complies with the
City's Donation Acceptance Policy. (Appendix G).
b. The Public Works Director or his designee(s) reviews the proposal to insure:
that the artwork's placement will not create undue difficulties for maintenance of
the surrounding area.
that the proposed materials are durable and will not create significant
maintenance problems for the artwork itself.
that any engineering or structural concerns are addressed
c. The Risk Manager and the Public Works Department reviews the proposal to assess
whether or not it provides undue risks or safety issues.
d. The Architectural Review Commission reviews the proposal to assure that it meets the
adopted Guidelines for Public Art. (Appendix B)
e. In some cases, proposals may take additional review because of their nature, design or
location.
2. Council Approval. Ultimately, the City Council provides final approval of the proposal.
* See Appendix G for a flow chart of the process.
Contract Preparation
Upon conceptual approval of the project by the City Council, the patron and the City sign a
contract establishing the terms of the proposed installation of privately funded public art in public
places. The Council should be asked to delegate authority to sign the contract to the CM as part
of the conceptual approval process. Appendix C contains a sample contract that should be
adapted, as necessary, and used for this purpose.
Issuing of Permits
The donor is directed to prepare plans and specifications for the artwork or the Public Art Manager
may seek approval from Council to use public art funds for plans and installation costs. See Part
One - Public Art Installations, for the process to be followed for permitting and installation of the
public art project.
Labeling of Artwork
1. Plaque. The donor is directed to purchase and install a plaque for the artwork or the Public Art
Manager may seek approval from Council to use public art funds for the plaque. If the donor
wishes to purchase and install the plaque, the following standard format must used in order to
avoid the use of donated public art for advertising purposes.
title of artwork
artist's name
patron's name
date of completion
material(s) used (optional)
short explanation of work (optional)
2. Deviation from Standard Plaque. All requests to deviate from the standard plaque are made
to the CM or their designee. Should the CM or designee deny the proposed deviation, the
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patron may appeal this decision to the City Council in accordance with the appeals procedures
in Section 1.20.020 of the Municipal Code.
Final Acceptance
1. Maintenance. The Public Art Manager provides the Public Works Department with a City's
Public Art Maintenance Record Form (Appendix E). See Part One - Maintenance and Repair,
for additional information.
2. Inspection and Acceptance. All donated projects on public property must have final
inspection approval by the City's Building Division and by the Public Art Manager. See Part
One – Final Acceptance.
3. Ownership. Upon completion, the artwork becomes the property of the City.
Dedication of Artwork
Once installation of the artwork is complete, the Public Art Manager organizes a dedication ceremony
that presents the piece to the community and recognizes the artistic efforts of the artist.
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MATCHING GRANTS FOR PUBLIC ART
When the Visual Arts in Public Places program was adopted in 1990, it included a section which
established a matching grant fund to encourage the inclusion of public art in private construction
projects. The program was seldom used and in 2000, with the passage of Ordinance No .1372
requiring public art in privately-funded, non-residential projects, the matching grant program was
rescinded.
In 2005, with receipt of the two requests for matching funds, and recognizing the benefits of
leveraging public and private dollars, staff felt a matching fund component to the public art program
might be an excellent way to expand public art opportunities within the City, especially during a time
of limited fiscal resources.
According to the Resolution No. 9656 (see Appendix I), projects seeking matching grant funds will
require City Council approval, consistent with the City’s Donation Acceptance Policy. Furthermore,
projects eligible for matching grant funds should provide a clear public benefit and advance the City’s
public art goals. The resolution requires that Council determine the appropriate level of matching
funds up to a dollar-for-dollar level for each request.
Grant Criteria
The council will use the following criteria in evaluating funding requests:
a. Artwork shall be located 1) on publicly owned property or right-of-way, or 2) on private
property if the artwork is secured through a public art easement,
b. Artwork should promote the City’s Goals and Objectives of the Public Art Program
c. The applicant has demonstrated sufficient experience and ability to successfully
complete the public art project.
d. Projects which make creative and efficient use of resources will be given preference
e. Artwork shall be consistent with the City’s Public Art Guidelines
f. Artwork designed and/or sponsored by a San Luis Obispo resident, business or
organization will be given preference.
g. The City shall be named as an additional insured and indemnified during construction
and installation of the public artwork.
h. Permanent artwork receiving City funds shall become City property.
Summary of the Process
It should be noted that, with a few exceptions, this is the same approval process used for City-
sponsored public art (a more detailed explanation of this processes can be found in the section
titled City Funded Public Art).
1. A proposal for matching grant funds is submitted to the Public Art Manager. The proposal
must include: description of proposed work, materials/size, location and requested dollar
amount of grant. All proposals must be for original works of art.
2. Council approves recommendation for matching grant request.
3. Public Art Manager solicits artist's qualifications and/or proposals.
4. Public Art Manger appoints an art jury.
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5. Artist/artwork is selected by jury.
6. Proposed artwork is reviewed by Public Works staff, as appropriate.
7. Proposed artwork is reviewed by the Cultural Heritage Committee, the Parks and Recreation
Commission and/or the Mass Transportation Committee, as appropriate.
8. Architectural Review Commission (ARC) approves artwork and forwards recommendation to City
Council.
9. City Council approves artwork.
10. Public Art Manager prepares public art contract.
11. Public Art Manager receives matching dollars from applicant.
12. Public Art Manager secures planning/construction permits and works with artist to fabricate
artwork.
13. Artwork is installed.
14. Public Art Manager inspects the artwork and compiles the maintenance information.
15. Final inspection approval by the City's Building Division
16. Upon completion, the artwork becomes the property of the City.
17. Once installation of the artwork is complete, the Public Art Manager organizes a dedication
ceremony that presents the piece to the community and recognizes the artistic efforts of the
artist.
* See Appendix J for a flow chart of the process.
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PUBLIC ART IN PRIVATE DEVELOPMENT
On August 15, 2000, the City Council passed an Ordinance Relating to Public Art in Private
Development. The ordinance is designed to further enhance the aesthetic environment of the City by
requiring private property owners and developers to incorporate a piece(s) of art in new developments or
substantially improved developments in the City, or voluntarily elect to purchase a piece of art and donate
it to the City or pay a public art in-lieu fee. (See Appendix K for enabling legislation.) The Public Art in
Private Development program is designed to allow the applicant some flexibility in meeting the
requirements of the ordinance.
If the applicant chooses to incorporate a piece of public art into the project, s/he may choose to send out
a Request for Proposals (RFP), a Request for Qualifications (RFQ), or purchase an already existing
piece of art. While this is the sole responsibility of the developer, the Community Development
Department assists by informing the applicant of options and opportunities, providing a packet of
resources and the name and phone number for the Art Council’s Art in Public Places committee chair,
who will guide the applicant through the RFP/RFQ process, if so desired.
The following sections provide details for processing public art in private development, including 1)
placement of public art on private property, 2) accepting public art donated to the City by a private
developer, and 3) payment of the art in-lieu fee.
Placement of Public Art In Private Development
1. Application Process
An application for placement of public art on private property is submitted to the Community
Development Director and must include the following (see Appendix L, section A):
a. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to
indicate the nature of the proposed public art, including an accurate description of the
colors and materials to be used.
b. An appraisal or other evidence of the value of the proposed public artwork, including
acquisition and installation costs.
c. A site plan clearly showing the location of the public art and its relation to pedestrian paths
of travel on the site and in the vicinity, including adjacent rights-of-way.
d. An elevation or perspective rendering showing the streetscape view of the public art,
including the street elevations of adjacent properties.
e. A narrative statement to demonstrate that the public art will be displayed in an area open
and freely available to the general public, or that public accessibility will be provided in an
equivalent manner based on the characteristics of the artwork or its placement on the site.
f. Draft covenants, conditions and restrictions (CC&Rs) (see Appendix N), to be recorded with
the County Recorder, which require the property owner, successor in interest, and assigns
to:
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(1) Maintain the public art in good condition as required by the City’s Guidelines for
Public Art.
(2) Indemnify, defend and hold the City and related parties harmless from any and all
claims or liabilities from the public art, in a form acceptable to the City Attorney.
(3) Maintain liability insurance, including coverage and limits as may be specified by the
City’s Risk Manager.
* See Appendix M for flow chart of the process.
2. Approval for Placement of Public Art on Private Property
a. The Community Development Director forwards the completed application to the Public Art
Manager who convenes a public art jury to review the proposed art using the adopted
Guidelines for public art and selection criteria. (Appendix B)
b. Upon recommendation of the public art jury, the public art application is forwarded to the
Architectural Review Commission for review as to consistency with the Guidelines for public
art. (Appendix B)
c. All approvals for placement of public art on private property will be obtained prior to
issuance of a building permit.
Public Art Donated to the City by a Private Developer
1. Application Process
An application for public art donated to the City by a private developer is submitted to the
Community Development Director and must include the following (see Appendix I, section 3):
a. Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to
indicate the nature of the proposed public art, including an accurate description of the
colors and materials to be used.
b. An appraisal or other evidence of the value of the proposed public artwork, including
acquisition and installation costs.
c. A written agreement executed by or on behalf of the artist who created the public art that
expressly waives his or her rights under the California Art Preservation Act or other
applicable law. (See Appendix H)
2. Approval of Public Art Donated to the City by a Private Developer
a. Prior to the issuance of grading and building permits, the applicant presents the application
for acceptance of public art donated to the City to the Community Development Director for
review.
b. The Community Development Director forwards the completed application to the Public Art
Manager who then convenes a public art jury to review the proposed public art using
adopted Guidelines and public art selection criteria. (Appendix B)
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c. Upon recommendation of the public art jury, the public art application is forwarded to the
Architectural Review Commission for review as to consistency with the adopted Guidelines
for Public Art. (Appendix B)
d. Upon the recommendation of the Architectural Review Commission, the application is
forwarded to the City Council, which has the sole authority to accept, reject or conditionally
accept the donation.
Payment of Art In-Lieu Fee
If the payment of an art in-lieu fee is voluntarily elected, the minimum cost of the public art,
including installation, is determined by the amount equal to one-half of one percent (.5%) of that
portion of the total construction costs in excess of $100,000, not to exceed $50,000 for each
building permit. (See ordinance, Appendix K)
Certificate of Occupancy
1. A Certificate of Occupancy requires full compliance with one of the following:
a. The approved public art has been placed on the site of the approved project, in a manner n
satisfactory to the Chief Building Official and the Public Art Manager.
b. Donation of the approved public art has been accepted by the City Council.
c. Public art in-lieu fees have been paid.
2. If public art has been placed on the site of the approved project, the applicant must execute and
record with the County Recorder covenants, conditions and restrictions (CC&Rs), which require
the property owner to adhere to the following guidelines. (Appendix N)
a. Maintain the public art in good condition as required by the City’s Public Art Guidelines.
b. Defend and hold the City and related parties harmless from any and all claims or liabilities from
the public art, in a form acceptable to the City Attorney.
c. Maintain liability insurance, including coverage and limits as may be specified by the City’s
Risk Manager.
Ownership of Public Art
1. All public art placed on the site of an applicant’s project remains the property of the applicant, as
does the obligation to provide all maintenance necessary to preserve the public art in good
condition.
2. Maintenance of public art includes preservation of the artwork in good condition to the satisfaction
of the City, protection of the public art against physical defacement, mutilation or alteration and
securing and maintaining fire and extended coverage of insurance and vandalism coverage in an
amount to be determined by City’s Risk Manager. Failure to maintain the public art will be
declared to be a public nuisance.
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3. If the owner fails to maintain the public art or fails to meet appropriate insurance requirements,
upon reasonable notice, the City may perform all necessary repairs and maintenance or purchase
insurance, and the associated costs become a lien against the real property.
4. All artwork donated to the City becomes the property and responsibility of the City upon
acceptance by the City Council.
Removal or Alteration of Public Art
1. Public art installed on or integrated into a construction project can not be removed or altered
without the approval of the City Council.
2. If any public art provided on a development project is knowingly removed by the property owner
without prior approval, the property owner will be required to contribute funds equal to the
development project’s original public art requirement to the City’s Public Art In-Lieu account, or
replace the removed artwork with one that is of comparable value and approved by the City
Council. The City may, in addition, pursue any other available civil or criminal remedies or
penalties.
Use of Public Art In-Lieu Funds
Per the Ordinance relating to public art in private development, in-lieu fees are deposited in an account
maintained by the City Finance Director and with Council approval may be used for acquisition,
installation, and improvement of public art as well as equipment and supplies that support the program.
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CIP Review Committee
Recommendations
(the recommendations includes
project/site and funding for the two
year financial plan)
Council Approves
Recommendations
ArtsObispo
Arts In Public Places Committee
Recommendations
Public Art Manager decides
order of projects to be
completed
(typically 2 per fiscal year)
PROJECT #1 RFQ / Call For Artists
RELEASED
(RFQ reviewed by PW & CDD public art
team members)
*All projects typically have the same
process for completion
Jury Review
(PW or CDD public art
team member on jury)
Finalist Selected
Public Art Manager submits
Planning Application with
supporting documents (see
Planning App. Section C)
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
CDD staff
routes to other
Departments
as needed
Council Approves Artwork
Public Art Manager secures
contract with artist
Public Art Manager works with artist on
plan check and permitting
Artwork
Installed
PUBLIC ART REVIEW PROCESS
City Funded Public Art
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GUIDELINES FOR PUBLIC ART
Architectural Review Commission Criteria
1. Publicly funded public art shall be located within the public right-of-way, a public building or
otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for
public art are permitted, and shall be freely open and accessible to the public.
2. Privately funded public art shall be located on privately owned land or buildings which are places of
high visibility to the public. Such places shall be in exterior locations, and not within buildings. If
privately funded public art is donated to the City, Guideline No.1 above applies to location of art.
3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to
potential conflicts with present or future vegetation or construction.
4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social
and cultural characteristics, architectural scale, materials, land use, and geographical and
environmental context.
5. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict
with public or private easements.
6. Consideration shall be given to any public safety or public health concerns created by the artwork.
7. Public art shall be integrated with the site and/or building, and include landscaping, lighting,
interpretive information and other amenities where appropriate.
8. Public art shall be securely installed.
Public Art Jury Criteria
1. Public artwork shall be original and of high artistic quality and shall not include any signage or other
advertisement or logo, literal or abstract.
2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social
and cultural characteristics, architectural scale, materials, land use, and geographical and
environmental context.
3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information
and other amenities where appropriate.
4. Permanent public art shall be constructed of durable, high-quality materials and require minimal or no
maintenance. Temporary public art shall be constructed of materials appropriate to its duration of
public display.
5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or
obvious poor taste are inappropriate.
Other Review Criteria
Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be
given the closest scrutiny, including input from the Cultural Heritage Committee, before approval by the
jury.
PH1-40
Contract No.
1
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
THIS AGREEMENT is entered into this XX day of XXXX, 200X, by and between
the City of San Luis Obispo, a charter city and municipal corporation (hereinafter
the “City”), and XXXXXX (hereinafter the “Artist”).
R E C I T A L S
WHEREAS, on [date], the City requested proposals for the design and
fabrication of artwork in accordance with the specifications in the proposal
package dated _______________ for _____________ [specify project]); and
WHEREAS, the Artist’s proposal was reviewed and approved by the
Public Art Jury and the Architectural Review Commission in accordance with San
Luis Obispo Municipal Code Chapter 17.98; and
WHEREAS, on [date], the City Council approved of the Artist’s proposal
recommended by the Public Art Jury and the Architectural Review Commission;
and
WHEREAS, the Artist is a recognized professional artist, and the City
acknowledges sufficient familiarity with the style and quality of the Artist’s work,
and; the City desires the Artist to create an original work of art entitled
“___________” (“the Work”) for location at ____________________ (“the Site”).
The Artist’s concept design (“the Proposal” which shall be attached as Exhibit
“A”), has been reviewed and approved by the City.
NOW, THEREFORE, the City and the Artist, for the consideration and
under the conditions hereinafter set forth, agree as follows:
PH1-41
Contract No.
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ARTICLE 1: SCOPE OF SERVICES
1-1 GENERAL
(a) The Artist shall perform all services and furnish all supplies,
materials, artist and agent travel, and equipment as necessary for the
design, execution, fabrication, transportation, and installation of the Work
at the Site with the exception of the foundation, and in accordance with the
terms in this Agreement.
1-2 REVIEW OF THE PROPOSAL
(a) The Artist or designee has prepared and submitted to the City
artwork specifications and presentation drawings of the Work in elevation
and plans, containing the following items, which shall be the “Proposal”.
i. One copy of a written description and technical
specifications of the Work including the following information:
• A professional resume;
• References;
• Approach to project;
• Graphic rendering;
• Estimated budget;
• Maintenance and Conservation Form;
• Work plan and Production Schedule;
• Proposed list of subcontractors (those known to date);
• Other information about the Work as may be
reasonably required by the City in order to certify the
compliance of the Work with applicable statutes and
ordinances. Said exhibits will become the property of
the City upon submission by the Artist. Upon request
by Artist, the City shall promptly furnish all available
exhibits in connection with said submission at the
artist’s expense.
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(b) Upon approval by the City Council and written direction to move
forward, the Artist shall commence with fabrication, transportation, and
installation of the Work at the Site.
(c) The City may require the Artist to make such revisions to the
proposed Work as are necessary for the Work to comply with applicable
statutes, ordinances, or regulations governing the project.
(d) The City may require revisions of the Work for practical (non-
aesthetic) reasons.
(e) The Artist fee may be equitably adjusted for any increase or
decrease in the Artist’s cost of, or time required for, performance of any
revisions pursuant to this Section 1-2. Any claim of the Artist for
adjustment under this paragraph must be presented to the City in writing
within thirty (30) days after the date of the revision by the Artist.
(f) Within thirty (30) days after receipt of the Artist’s revisions, pursuant
to this Section 1-2, the City shall notify the Artist of its approval or
disapproval of such revisions. The City may require the Artist to submit
additional revisions until such revisions are accepted by the City.
Revisions made and accepted by the City pursuant to this Section 1-2
become a part of the final design, technical specifications and fabrication
and installation schedule of the Work, which shall be attached to this
Agreement as Exhibit “B”.
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Contract No.
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1-3 EXECUTION OF THE WORK
(a) Pursuant to Section 1-2 above, the Artist shall commence
fabrication of the Work, in accordance with such schedules. Although the
schedule may be amended by written agreement between the City and the
Artist, it is agreed that the Artist shall perform all of the obligations under
this contract on or before XXXXXXXX.
(b) The City shall have the right to review the Work at reasonable times
during the fabrication. The Artist shall submit to the City progress reports
in accordance with the schedule required by Section 1-2.
(c) The Artist shall complete the fabrication and installation of the Work
in substantial conformity with the approved Proposal.
(d) The Artist shall present to the City, in writing, for further review, any
“significant changes” in the scope, design, color, size, material, or texture
of the Work not permitted by or not in substantial conformity with the
Proposal. A “significant change” is:
i. Any material change in the scope, design, color, size,
material, texture, or location of the Work on the Site;
ii. Any material change in the Work that affects installation,
scheduling, site preparation, or maintenance for the Work; or
iii. Any change in the concept of the Work as represented in the
accepted proposal.
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Contract No.
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(e) If changes reviewed by the City are not approved, the Artist will not
resume the Work nor resume the payment schedule until changes to the
Work are reviewed and approved by the City.
1-4 DELIVERY AND INSTALLATION
(a) Prior to commencement of work at the Site, the Artist shall notify
the City of schedules for installation. The Artist shall be responsible for all
expenses, labor, and permits.
(b) Prior to delivery of the Work, the Artist shall notify the City in writing
when fabrication of the Work is completed and the Artist is ready for
delivery of the Work to the Site.
(c) The Artist shall provide for completion of the Work in compliance
with appropriate codes and the approved schedule.
1-5 POST INSTALLATION
(a) Within thirty (30) days after the installation of the Work, the Artist
shall furnish the City with the following documentation of the Work as
installed:
i. One set of digital photographs of the completed Work, one
taken from each of three different view points;
ii. The City shall have the right to duplicate and distribute for
any noncommercial purpose the artwork documentation
supplied by the Artist under this Agreement;
iii. The Artist shall be available at such time or times as may be
agreed between City and Artist to attend any inauguration or
PH1-45
Contract No.
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dedication ceremonies relating to the transfer of The Work to
the City. The City shall use its best efforts to arrange for
publicity for the completed work in such art publications and
otherwise as may be determined between the City and the
Artist as soon as is practical following installation.
(b) Upon execution of the Agreement, the Artist shall provide the City
with written instructions for appropriate maintenance and preservation of
the Work.
1-6 FINAL ACCEPTANCE
(a) The Artist shall advise the City in writing when all services required
under this Agreement have been completed in substantial conformity with
this Agreement.
(b) The City shall notify the Artist in writing of the final acceptance (or
nonacceptance) of the Work.
(c) Final acceptance shall be effective as of the earlier of the following
dates:
i. The date of the City’s notice of final acceptance; or
ii. The 30th day after the Artist has sent written notice to the
City required under Section 1-6(a) unless the City, upon
receipt of such 30-day notice and prior to the expiration of
the 30-day period, gives the Artist written notice specifying
and describing the services, which have not been
completed.
PH1-46
Contract No.
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1-7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final
acceptance, and the Artist shall take such measures as are necessary to protect
the Work from loss or damages until final acceptance.
1-8 INDEMNITY
Upon final acceptance of the Work, the Artist shall indemnify and hold the City
and its elected officials, employees, and/or agents harmless from any and all
claims or liabilities then existing or arising thereafter from the Artist’s negligence
or willful misconduct in connection with the Work.
1-9 TITLE, ASSIGNMENT OF ROYALTY RIGHTS, AND WAIVER
(a) Title to the Work shall pass to the City upon final acceptance. The
Artist hereby assigns the right to collect any royalty payment provided by
Civil Code section 986(a) to the City and to the City’s assigns.
(b) Except as expressly provided below, the City shall not intentionally
damage, alter, modify, or change the Work without the prior written
consent of the Artist.
(c) The Artist acknowledges and agrees that the City may require the
Site for purposes other than the display of the Work. The City agrees that
it will notify the Artist of any proposed alteration of the Site that would
require the removal or relocation of the Work or affect the intended
character and appearance of the Work and will consult with the Artist in
the planning and execution of any such removal, relocation, or alteration
and will make a reasonable effort to maintain the integrity of the Work.
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Contract No.
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(d) The Artist acknowledges and agrees that the City retains the right
to relocate or remove the Work from public display for any reason, at the
sole discretion of the City. Reasons for removing the Work from public
display shall include, but not be limited to: hazards to public health, safety
or welfare; unsightly or deteriorated conditions of the Work; or the need to
access, repair and maintain public facilities.
(e) Except as provided above, the Artist expressly waives, for himself
and his successors in interest, to the greatest extent allowed by law, any
rights he or she may have under California Civil Code sections 986, 987,
988 and 989.
ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE
2-1 AGREEMENT AMOUNT AND PAYMENT
(a) The City shall pay the Artist an amount not to exceed $XXXX,
which will constitute full compensation and payment for all services to be
performed under this Agreement including execution, fabrication, artist
and/or agent travel, transportation, and installation. Payment shall be
made in accordance with Schedule included in Proposal.
Commencement of Fabrication
Twenty-five percent (25%) ($XX,000.00) of the payment upon
execution of Agreement.
Midpoint of Agreement
Fifty percent (50%) ($XX,000.00) of the payment upon completion
of 50% of the work as determined by the Public Art Coordinator.
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Final Acceptance
Twenty-five percent (25%) ($XX,000.00) of the payment upon
completion of all outstanding work and review and acceptance of
Work by the City.
(b) All requests for payment shall be submitted to the Public Art
Coordinator in writing for review and approval and must be accompanied
by a detailed invoice and original receipts and other documentation as
required by the Public Art Coordinator supporting work completed.
(c) Payment shall be issued within 30 days of approval of detailed
invoices and requests for payment by the Public Art Coordinator.
2-2 ARTIST’S EXPENSES
The Artist shall be the responsible party for all mailing or shipping charges
on submissions to the City, and the costs of all travel by the Artist and the
Artist’s agents and employees necessary for the proper performance of
the services required under this Agreement.
ARTICLE 3: WARRANTIES
3-1 WARRANTIES OF TITLE
The Artist represents and warrants that:
(a) The Work is solely the result of artistic effort of the Artist;
(b) Except as otherwise disclosed in writing to the City, the Work is
unique and original and does not infringe upon any copyright;
(c) That the Work, or a duplicate thereof, has not been accepted for
sale elsewhere; and
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Contract No.
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(d) The Work is free and clear of any liens or claims from any source
whatsoever.
3-2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants that:
(a) The execution and fabrication of the Work will be performed in a
professional manner (expert, qualified, skilled);
(b) The Work, as fabricated and installed, will be free from defects in
material (except such defects as are normally present and unavoidable in
natural materials and outlined in Proposal) and workmanship, including
any defects or qualities which cause or accelerate deterioration of the
Work; and
(c) Reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenance
recommendations by the Artist to the City;
(d) The warranties described in this Section 3-2 shall survive for a
period of one (1) year after final acceptance of the Work. The City shall
give notice to the Artist of any observed breach with reasonable
promptness. The Artist shall, at the instruction of the City, and at no cost
to the City, cure reasonably and promptly the breach of any such warranty
which is curable by the Artist and which cure is consistent with
professional standards, including for example, cure by means of repair or
refabrication of the Work as determined by the City.
PH1-50
Contract No.
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3-3 WARRANTIES OF WORK
The Artist represents and warrants that:
(a) The Work will not substantially vary or deviate from the City approved
Work without the prior written consent of the City.
(b) The Work will not include any hidden, subliminal or camouflaged
messages or statements of any kind or nature.
ARTICLE 4: INSURANCE
4-1 GENERAL [Encroachment Permit provisions may not be applicable
to every project] [Insurance provisions are mandatory for all
projects]
Before commencement of any work at the site, the Artists shall apply
for and must receive approval for an Encroachment Permit from the
Department of Public Works. The permit requires execution of a
Hold Harmless Agreement and an Agreement to provide insurance
for the duration of the work performed. The insurance specifications
required in a standard Encroachment Permit include general liability
insurance with a $1,000,000 combined single limit, and an endorsement
adding the City, its agents, officers, and employees as additional insured.
If the artist is using a vehicle for delivery and installation, automobile
liability insurance is required and, if the artist has additional workers
directly employed, Workers Compensation insurance is required at the
statutory limits. The Encroachment Permit application (attached)
provides additional details. The Artist shall not commence work under
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Contract No.
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this Contract until the Artist has secured all insurance required under this
section, and provided written proof to the City, nor shall the Artist allow
any subcontractor to commence work on any subcontract until all similar
insurance required of the subcontractor has been obtained and submitted
to the City in writing.
ARTICLE 5: COPYRIGHT
5-1 Copyright in the Work and related design, drawings, sketches, and models
will be owned by the Artist until acceptance of the Artist’s Work by the City
pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist
agrees not to make use of such copyright in the Work for any purpose
other than the performance by the Artist of the Artist’s obligations under
this Artwork Agreement, without the written consent of the City. Upon
acceptance of the Artist’s Work pursuant to Section 1–6 hereof, copyright
in the Work will be owned jointly by the City and the Artist and no further
use of the copyright will be made by the Artist or the City without the
written consent of the other, which consent will not be unreasonably
withheld.
5-2 The Artist certifies that the Artwork is a unique work of art especially
designed for the City, and shall not duplicate or reproduce the Work nor
shall the Artist permit others to do so except with the written permission of
the City.
5-3 The City has the right to reproduce and distribute in printed form and on
commercial documents and or brochures or any other literature of the City
PH1-52
Contract No.
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describing or dealing with its real estate holdings, photographs, realistic
renderings, videotapes, or films of the Work. Such reproductions and use
of the images of the Work for promotional purposes shall not constitute a
breach of copyright and no royalty shall be due and payable by the City to
the Artist for such use.
5-4 CREDIT TO THE ARTIST
All reproductions of the Work by the City shall contain a credit to the Artist.
5-5 CREDIT TO THE CITY
The Artist shall use his best effort to give a credit in any public showing
under the Artist’s control of illustrations of the Work as follows: “An
original work owned and commissioned by the City of San Luis Obispo,
California.”
ARTICLE 6: ARTIST’S RIGHTS
6-1 MAINTENANCE
The City shall reasonably protect and maintain the Work against the
ravages of time, vandalism, and the elements, in accord with the
instructions of the Artist provided under Section 1-5(b).
6-2 ARTIST REPRODUCTION RIGHTS
Pursuant to Article 5, Section 5-1, the City agrees that the Artist shall have
the right to reproduce and distribute in printed form and on non-
commercial educational materials and brochures advertising or promoting
the Artist and the Artist’s career, two-dimensional images such as photos,
slides or realistic renderings, video tapes, or films of the Work as installed
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Contract No.
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and formally accepted by the City. Such reproductions and use of the
images of the Work for promotional and educational purposes shall be
deemed to not constitute a breach of copyright in any way and no royalty
fee shall be due and payable to the Artist for such use. Such reproduction
and images of the Work for publicity, promotion, and educational purposes
shall, to the extent reasonably possible and appropriate, give reference to
the City of San Luis Obispo.
ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work under this Agreement as an independent
contractor and not as an agent or employee of the City. The Artist shall not be
supervised by any employee or official of the City nor shall the Artist exercise
supervision over any employee or official of the City. The City alerts the Artist to
the provisions of the Labor Code §1771, which may require the payment of
prevailing wages.
ARTICLE 8: ASSIGNMENT, TRANSFER AND SUBCONTRACTING
Neither the City nor the Artist shall assign or transfer any interest in this
Agreement without prior written consent of the other. The Artist may subcontract
portions of the services to be provided hereunder at the Artist’s expense provided
that said subcontracting shall not affect the design, appearance or visual quality
of the Work and shall be carried out under the personal supervision of the Artist,
and in accordance with all applicable laws.
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ARTICLE 9: TERMINATION
If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely
or proper manner, or otherwise violate any of the covenants or agreements
material to this Agreement, then the other party shall thereupon have the right to
terminate this Agreement by giving written notice to the defaulting party of its
intent to terminate, specifying the grounds for termination. The defaulting party
shall have ten (10) days after receipt of the notice to cure the default. In the
event of default by the Artist, all finished and unfinished drawings, sketches,
photographs, and other products prepared and submitted or prepared for
submission by the Artist under this Agreement shall, at the City’s option, become
City property. This, however, shall not relieve the Artist of liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the
Artist. In addition to all other remedies, the City may reasonably withhold
payments to the Artist until such time as the exact amount of damages due the
City from the Artist is determined.
ARTICLE 10: CONTRACT ADMINISTRATOR
The Contract Administrator for this Agreement shall be the Public Art Coordinator
of the City of San Luis Obispo as defined in San Luis Obispo Municipal Code
section 17.98.020 D, or his or her designee.
ARTICLE 11: NONDISCRIMINATION
In carrying out the performance of the services designated, the Artist shall not
discriminate as to race, religion, sex, age, sexual orientation, national origin, the
PH1-55
Contract No.
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presence of any physical, mental or sensory handicap, or any other basis
prohibited by applicable law.
ARTICLE 12: COMPLIANCE
The Artist shall be required to comply with all federal and state laws and City
statutes, ordinances, and regulations applicable to the performance of the Artist’s
services under this Agreement, including but not limited to, Chapter 17.98 of the
San Luis Obispo Municipal Code.
ARTICLE 13: ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the
parties hereto, and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not merged herein
and superseded hereby.
ARTICLE 14: MODIFICATION
No alteration, change, amendment, or modification of the term of this Agreement
shall be valid, unless made in writing and signed by both parties hereto and
approved by appropriate action of the City.
ARTICLE 15: WAIVER
No waiver of performance by either party shall be construed as or operate as a
waiver of any subsequent default of any terms, covenants, or conditions in this
Agreement. The payment or acceptance of fees for any period after a default
shall not be deemed a waiver of any right nor an acceptance of performance.
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ARTICLE 16: GOVERNING LAW
This Agreement, regardless of where executed or performed, shall be governed
by and construed in accordance with the laws of the State of California.
ARTICLE 17: HEIRS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the City
and of the Artist and of their respective heirs, personal representatives,
successors, and permitted assigns.
ARTICLE 18: NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon delivery and receipt thereof, as the case
may be, if delivered personally or sent by certified mail, return receipt requested,
postage-prepaid as follows:
City: Artist:
c/o Public Art Coordinator
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
ARTICLE 19: ATTORNEY’S FEES
Should any action or proceeding be brought to enforce the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney’s fees
and costs.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by his respective authorized officers or representatives as of the
day and year set forth on page one of this Agreement.
ATTEST: CITY OF SAN LUIS OBISPO
By:_______________________ By:_______________________
CITY CLERK MAYOR
APPROVED AS TO FORM: ARTIST
__________________________ ________________________
CITY ATTORNEY ARTIST
PH1-58
SAMPLE
[Date]
Community Development Director
990 Palm Street
San Luis Obispo, CA 93401
SUBJECT: Public Art Final Acceptance, Specification #
Dear ,
This letter serves as notice of completion and final acceptance of the public art piece,
(name of artwork). Per the City’s Public Art Policy, the Public
Art Coordinator has formally accepted the piece on behalf of the City. Final payments
may be released to (the artist’s name and/or contractor).
The City wishes to thank the artist and all those involved with the development of
(name of artwork) for their dedication and hard work in bringing
the piece to fruition. To many, (name of artwork) will
contribute to the quality of life in our community for years to come.
Sincerely,
Project Manager Public Art Manager
Cc: CM
Project Architect (or Engineer)
Project Artist
Contractor
PH1-59
City of San Luis Obispo
PUBLIC ART MAINTENANCE RECORD
Artist: ___________________________________________________________
Title of Work: ___________________________________________________________
Project Address: ___________________________________________________________
City Job or File No.: ___________________________________________________________
PART I - FABRICATION AND INSTALLATION INFORMATION
MATERIALS
1. Material(s) used (be specific; include also source or manufacturer, life expectancy of material
according to manufacturer; attach manufacturer's technical data sheets, if available):
2. Material finish (e.g., natural, paint color and type, glaze, patina, sealer, fire retardant, etc.; be
specific; include also brand or manufacturer):
PH1-60
Public Art Maintenance Record
Page - 2 -
3. Materials used in the presentation of the artwork (e.g., composition of base or backing, framing,
type of hanging fixtures, etc.):
FABRICATION
1. Fabricator:
Name:
Address:
Phone Number:
2. Fabrication technique or method (attach diagrams or drawings, if necessary):
INSTALLATION
1. Installation executed by:
Name:
Address:
Phone Number:
PH1-61
Public Art Maintenance Record
Page - 3 -
2. Installation method (attach plans showing footing and/or key installation details):
EXTERNAL FACTORS
1. Describe physical positioning of the artwork (e.g., measured distances from relative objects or
points in the environment):
2. Describe existing environmental factors which may affect the condition of the artwork and any
precautionary measures (e.g., direct sunlight, extremes of annual rain, temperature, air
moisture or dryness, acidity of rainfall, flooding, wind, erosion, vibrations, air pollutants,
vehicular and/or pedestrian traffic; animal interaction--bird droppings, potential for nesting,
burrowing; human interaction with artwork--touching, sitting, climbing, vandalism):
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Public Art Maintenance Record
Page - 4 -
DESIRED APPEARANCE
1. Describe the desired appearance in specific terms including the physical qualities such as
matte rather than glossy luster; color of patina etc., for which the agency should strive in order
to maintain the artist's intent. Describe what may be acceptable alterations in form surface,
texture and coloration as related to natural aging of materials. Include drawings or
photographs which show the condition of the artwork upon installation:
2. If the work is site-specific, describe in detail the particular relationship of the work to its site,
including any significant physical aspects of the site, which, if altered, would significantly alter
the artist's intended meaning and/or appearance for the work (attach drawings as appropriate):
PACKING AND SHIPPING INSTRUCTIONS
1. Please explain how the art should be packed and shipped should the artwork ever need to be
transported (be specific, attach diagrams if necessary):
PH1-63
Public Art Maintenance Record
Page - 5 -
PART II - CONSERVATION INSTRUCTIONS
The Artist should provide detailed instructions regarding the methods and frequency of maintenance
for the artwork as follows (attach additional information as appropriate):
1. Routine maintenance (e.g., removal of dust, dirt; maintenance of protective surfaces;
tightening, adjusting, oiling; trimming of plant materials, etc.):
2. Cyclic maintenance (less frequent and more extensive preventive measures, e.g., disassembly
and inspection; reapplication of protective sealers; repainting; cleaning of textiles, etc.):
3. Who should be considered competent to perform cyclic maintenance? Describe any special
training, materials, tools, or procedures required.
4. Who should be considered competent to perform significant repairs?
PH1-64
Public Art Maintenance Record
Page - 6 -
5. Describe any special training, materials, tools, or procedures required for refitting, replacing, or
reconstructing portions of the artwork damaged by vandalism, accidents, disasters, or
weathering:
Maintenance Record Approved and Accepted:
CITY OF SAN LUIS OBISPO
Name Date
ARTIST
Name Date
Attachments
Please list:
PH1-65
Submittal of Application
(donor submits application as well as
rendering/photography of art to the
Public Art Manager)
Jury Review
(PW or CDD public art team
member on jury)
Jury Recommends Artwork
Public Art Manager submits Planning
Application with supporting documents (see
Planning App. Section B)
CDD staff
routes to other
Departments
as needed
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
Council Approves Artwork
& funding for Installation
Public Art Manager contracts
with an engineer for plans
Public Art Manager works with
CDD/PW on plan check and permitting
Artwork
Installed
PUBLIC ART REVIEW PROCESS
Privately Funded Public Art
PH1-66
City of San Luis ObispoCity of San Luis ObispoCity of San Luis ObispoCity of San Luis Obispo
PRIVATELY FUNDED PUBLIC ART
Application
(No Fee)
The Donor/owner must complete and sign this application form. If the Donor/owner is not the artist
who created the artwork, the artist must also sign this Application below.
Artist
(Name, Address, Ph. #)
Donor
(Name, Address, Ph. #)
Title of Art Piece
Description of Art Piece
(Please attach renderings
and/or sketches/photographs
which will help more clearly
define artwork)
Material
Size
Proposed Location
Appraised Value
-over-
PH1-67
PRIVATELY FUNDED PUBLIC ART
Waiver
By signing this Application below and in consideration for participating in the City’s Privately Funded
Public Art program, the artist/owner hereby acknowledges and assigns the right to collect any royalty
payment provided by Civil Code section 986(a) to the City. Except as provided above, the
artist/owner further acknowledges and waives, for himself and his successors in interest, to the
greatest extent allowed by law, any rights the artist/owner may have under California Civil Code
sections 986, 987, 988 and 989, or other applicable law.
The artist/owner further acknowledges and understands that upon completion and installation of the
artwork and upon its acceptance by the City Council, the work shall become the property of the City.
The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the
public welfare, health and safety may require.
If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City
retains the right to remove, restore, repair or replace the artwork at any time in keeping with the
artist’s original design intent, without consulting the artist or his or her heirs or assigns. The City will
make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise
or assist in any restoration work.
I have read, understand and accept the terms of this Application and represent that I am the
________________________ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date:
Signature:
Printed Name:
I have read, understand and accept the terms of this Application and represent that I am the
________________________ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date:
Signature:
Printed Name:
PH1-68
ATTACHMENT 4
RESOLUTION NO .
(2005 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
ADDING A MATCHING FUND COMPONENT TO THE CITY'S PUBLIC ART PROGRA M
WHEREAS, the City has had a Public Art Program in place since 1990 ; and
WHEREAS, the Program currently consists of three components, including Visual Arts i n
Public Places, Privately Funded Art in Public Places and Public Art in Private Development ; and
WHEREAS, the City realizes that a matching fund component to the public art program i s
an excellent way to expand public art opportunities within the City beyond the three existin g
components .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
that a matching fund component is hereby added to the City's Public Art Program and shall read a s
follows :
The City has established a matching grant program to encourage public art .
Projects seeking matching grant funds will require City Council approval, consisten t
with the City's Donation Acceptance Policy . Public art projects receiving matching
funds should provide a clear public benefit and advance the City's public art goals .
For every request, the Council will determine an appropriate level of match, up to a
dollar-for-dollar level.
Upon motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of , 2005 .
David F . Romero, Mayor
ATTEST :
Audrey Hooper
City Clerk
APPROVED AS TO FORM :
Jo jiath3 P . Lowell, City Attorney
R
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counci lj acenOa RepoRt M..uiy ~2jLDa~i/US
Item NumLer
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C I T Y O F S A N L U I S O B I S P O
FROM :
Wendy George, ACAO
Prepared By : Betsy Kiser, Principal Administrative Analys t
SUBJECT : REQUEST FOR USE OF PUBLIC ART IN-LIEU FUNDS FOR VARIOU S
PUBLIC ART PROJECT S
CAO RECOMMENDATIO N
1 . Allocate Public Art In-Lieu funds for the following public art projects :
(a)As requested by the San Luis Obispo County Arts Council, up to $10,000 t o
match the Bill Beeson Memorial Fund to commission a piece of public art i n
honor of Mr. Beeson's contributions to public art in our community ;
(b)As requested by the Chamber of Commerce and the Reception Committee for Ken
Schwartz Appreciation Day, $1,780 to complete the purchase of a bronz e
steelhead trout for the Mission Plaza fountain ;
(c)$7,000 for maintenance costs associated with the City's public art piec e
"Community Bridge", normally located on Higuera Street in front of the Cour t
Street Project .
2 . Approve a resolution adding language to the City's Public Art Policies and Procedures
Manual that permits, with Council approval, public art in-lieu funds to be used as
matching funds for the purchase of public art for the City's public art program .
DISCUSSIO N
Matching Funds for the Bill Beeson Memorial Fund
In January 2004, Mr. Bill Beeson, a "pillar of the local arts community" passed away after a brie f
illness . Mr. Beeson was a highly respected art critic who tirelessly supported public art an d
served for years on the San Luis Obispo County Arts Council's Art in Public Places Committee .
Upon his passing, Mr. Beeson's family requested that all donations in his memory be sent to th e
Arts Council to be used in some manner to honor his work and his passion for the arts . The Arts
Council, in turn, established the Bill Beeson Memorial fund and directed the funds to be used fo r
public art . To date, the community has donated more than $6,000 to the fund, and the Art s
Council will continue to solicit funds to reach their goal of $10,000 .
In January 2005, the City received a letter from the San Luis Obispo County Arts Counci l
indicating that they would like to 1) donate the money from the Bill Beeson Memorial fund to th e
City of San Luis Obispo for the selection, acquisition and installation of a piece of public ar t
honoring Mr. Beeson ; and 2) request up to $10,000 from the City's public art in-lieu funds to
PH1-70
Request for Public Art In-lieu Funds for Various PA Projects Page 2
match the Bill Beeson Memorial fund so a more substantial piece of art ($20,000)can b e
realized . (See Attachment 1 )
Although a formal matching grant program does not exist in the public art program, staff see s
significant value in leveraging private and public funds to expand public art within ou r
community and recommends the match . If the Council approves the match, the project will b e
managed by City staff according to the City's approved public art policies and procedures .
Matching Funds for Steelhead Trout Sculpture for Mission Plaza Fountain
On January 14, 2005, the City celebrated Ken Schwartz Appreciation Day, honoring Mr .
Schwartz for his over 50 years of service to the community . The day culminated in an informa l
reception at the Monday Club, coordinated by a committee comprised of members of the Cit y
staff, including Ken Hampian, the Chamber of Commerce, the Downtown Association and th e
community at large . Recognizing Mr. Schwartz's devotion to the development of Mission Plaz a
and to public art in general, the committee commissioned artist Paula Zima to create a bronz e
steelhead trout for placement in the Mission Plaza fountain . The piece has been designed t o
compliment "Bear and Child" and "qiqsmu" and complete the fountain art . Funds for the piec e
were included in the price of the ticket to the reception and donations were solicited via th e
Chamber's website and the evening of the reception . In the end, $3,320 was raised . The price o f
the piece is $5,100 and therefore, the Chamber, on behalf of the reception committee is askin g
the City to match the donations with $1,780 from the City's public art in-lieu fund to complet e
the purchase and installation of the piece . (Attachment 2)
Maintenance of Public Art Piece "Community's Bridge "
As part of the City's Visual Arts in Public Places program, in 2000, the City commissioned artis t
Allen Root to create a piece of public art that related to the underground construction project o n
the Higuera Street Bridge . Root's piece, entitled "Community's Bridge" was a set of three artisti c
benches representing the creek meandering between the mountains and the City . Constructed o f
steel, they are painted in muted green, blue, cream and brown . Although the benches wer e
designed to require a minimum amount of maintenance throughout their service life, severa l
maintenance issues have arisen . Foremost, the benches were brush painted rather than powde r
coated and the colors have faded significantly . Additionally, skate boarders have managed t o
"ride the edges" and chip the surfaces of the bench seats . The benches are currently being store d
at the City's corporation yard while the Court Street project is being constructed and while the y
are out of commission, staff would like to complete the necessary maintenance on them .
Therefore, staff is requesting an allocation of $7,000 from the City's public art-in lieu fund to 1 )
install more aggressive skater deterrents on the bench faces, and 2) powder coat the benches .
When the Court Street project is complete, the developer will be responsible for th e
reinstallation .
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Request for Public Art In-lieu Funds for Various PA Projects Page 3
Addition of Matchinz Funds Component to the Public Art Policy
When the Visual Arts in Public Places program was adopted in 1990, it included a section whic h
established a matching grant fund to encourage the inclusion of public art in private construction
projects . The program was seldom used and in 2000, with the passage of Ordinance No .1372
requiring public art in privately-funded, non-residential projects, the matching grant program was
rescinded .
With receipt of the two requests for matching funds discussed above, and recognizing th e
benefits of leveraging public and private dollars, staff felt a matching fund component to th e
public art program might be an excellent way to expand public art opportunities within the City ,
especially during a time of limited fiscal resources . Therefore staff is recommending the additio n
of language to the public art policies and procedures to :
1)provide the Council with a policy for handling requests for matching funds in the future ;
2)provide the public with an avenue for making requests for matching funds ; and
3)encourage private/public collaborations in the future .
The language shall become a part of the public art policies and procedures and shall read a s
follows :
The City has established a matching grant program to encourage public art . Projects
seeking matching grant funds will require City Council approval, consistent with th e
City's Donation Acceptance Policy . Public art projects receiving matching fund s
should provide a clear public benefit and advance the City's public art goals . For
every request, the Council will determine an appropriate level of match, not to excee d
50% of the cost of the project .
CONCURRENCE S
The San Luis Obispo County Arts Council concurs with the request for funds to match the Bil l
Beeson Memorial fund and with the addition of a matching fund policy to the public art program .
The San Luis Obispo Chamber of Commerce, representing the reception committee for Ken
Schwartz Appreciation Day, concurs with the request for matching funds for a bronze steelhea d
trout for Mission Plaza fountain honoring Mr . Schwartz .
FISCAL IMPAC T
The City's Public Art In-Lieu funds do not come from the General Fund . They come from a
required .5% contribution from private developers who choose to pay the in-lieu fee rather than
incorporate public art into their development projects . Currently, the City's Public Art In-Lie u
fund has $96,000 available for public art . A matching grant program could theoretically doubl e
this amount . Matching funds would only be available as long as funds remain in the Public Ar t
In-Lieu account .
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Request for Public Art In-lieu Funds for Various PA Projects Page 4
ALTERNATIVES
1.Deny or reduce the matching fund support requested by the organizations . This is no t
recommended because it could discourage private/public partnerships of this kind in th e
future .
2.Do not approve the matching fund program . This is not recommended because a
matching fund component to the public art program might be an excellent way to expan d
public art opportunities within the City, especially during a time of limited fisca l
resources .
ATTACHMENT S
1.Letter from the San Luis Obispo County Arts Council
2.Letter from the Chamber of Commerc e
3.Bid for maintenance of "Community's Bridge "
4.Resolution
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Submittal of Proposal
(grant applicant submits description of
proposed art, and request amount of
grant to the Public Art Manager)
Council Approves Matching
Grant Request
RFQ / Call For Artists
RELEASED
(RFQ reviewed by PW & CDD public art
team members)
Jury Review
(PW or CDD public art
team member on jury)
Finalist Selected
Public Art Manager submits
Planning Application with
supporting documents (see
Planning App. Section D)
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
CDD staff
routes to other
Departments
as needed
Council Approves Artwork
Public Art Manager
secures contract with
artist
Public Art Manager
works with artist on plan
check and permitting
Artwork
Installed
PRC Review
(if appropriate; depending on
location)
Public Art Manager
receives matching
dollars from applicant
PUBLIC ART REVIEW PROCESS
Matching Grants for Public Art
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CITY OF SAN LUIS OBISPO
Community Development Department
990 Palm St. San Luis Obispo (805)781-7172
PUBLIC ART PROPOSAL
Application Checklist
(NO FEE)
Information on this list must be submitted for your project to be accepted for processing, review and scheduled for a
hearing. These are minimum requirements; additional information and plans may be required to evaluate your application
following initial staff review. Applications not containing the necessary information as shown on the checklist will not be
accepted for review. Check each box to indicate that you have provided the appropriate information.
SECTION A – PUBLIC ART IN PRIVATE DEVELOPMENT
Complete Planning Application: Applications can be obtained from the Community Development Department.
Applications must include business owner and property owner signatures.
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
An appraisal or other evidence of the value of the proposed art; including acquisition and installation costs.
A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including
adjacent rights-of-way.
An elevation or perspective rendering showing the streetscape view of the art; including street elevations of
adjacent properties.
A narrative statement to demonstrate that the art will be displayed in an area open and freely available to the
general public.
Draft covenants, conditions, and restrictions (CC&Rs), to be recorded with the County Recorder, which requires
the property owner, successor in interest, and assigns to: 1) Maintain the art in good conditions as required by the
City’s Public Art Guidelines. 2) Indemnify, defend and hold the City and related parties harmless from any and all
claims or liabilities from the art, in a form acceptable by the City Attorney. 3) Maintain liability insurance, including
coverage and limits as may be specified by the City’s Risk Manager.
SECTION B – PRIVATELY FUNDED PUBLIC ART
Complete Planning Application: Applications can be obtained from the Community Development Department.
COMPLETED BY CITY’S PUBLIC ART MANAGER
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
An appraisal or other evidence of the value of the proposed art; including acquisition and installation costs.
Complete Privately Funded Public Art Application and Waiver
SECTION C – CITY FUNDED PUBLIC ART
Complete Planning Application: Applications can be obtained from the Community Development Department.
COMPLETED BY CITY’S PUBLIC ART MANAGER
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including
adjacent rights-of-way.
SECTION D – MATCHING GRANTS FOR PUBLIC ART
Complete Planning Application: Applications can be obtained from the Community Development Department.
COMPLETED BY CITY’S PUBLIC ART MANAGER
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including
adjacent rights-of-way.
SECTION E – PAYMENT OF IN-LIEU FEE
Provide a written statement of intent to pay the in-lieu fee to meet the public art requirement for a development
project. Include a preliminary calculation of that fee (see the Building Permit Coordinator for the latest Building
Valuation Data used to calculate fees).
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Submittal of Application
(donor submits application as well as
rendering/photography of art to the
Public Art Manager)
Jury Review
(PW or CDD public art team
member on jury)
Jury Recommends Artwork
Public Art Manager submits Planning
Application with supporting documents (see
Planning App. Section B)
CDD staff
routes to other
Departments
as needed
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
Council Approves Artwork
& funding for Installation
Public Art Manager contracts
with an engineer for plans
Public Art Manager works with
CDD/PW on plan check and permitting
Artwork
Installed
PUBLIC ART REVIEW PROCESS
Privately Funded Public Art
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Proposed Public Art Policy Changes
1. Temporary Public Art and Pilot Programs (New)
Duration
Temporary Public Art shall be limited in display for an approximate period of five (5 years).
Display of public art beyond five years would require Council’s approval to convert a temporary
public art to a regular ongoing program/permanent art exhibit.
Evaluation of a Pilot Program
Evaluation Group. Once the pilot program parameters have been developed, the Public
Art Manager solicits evaluation from Public Works staff and local art organizations, such
as Arts Obispo and the Downtown Association Design Committee, to judge the merits of
the pilot program.
Evaluation Criteria. The evaluation group applies the standard Guidelines for Public Art
(Appendix B) in making a determination that the proposed project is acceptable to both
the City and affected neighborhoods and should move forward in the approval process.
Evaluation Criteria for Historical Locations. Programs proposed for areas of high
historical sensitivity, such as an approved Historical neighborhoods or Mission Plaza,
shall receive the review and recommendation of the Cultural Heritage Committee for
consistency with historical context of the surrounding area. Projects that do not garner
the unanimous support Committee will not proceed.
Evaluation Criteria for Architectural Review Commission. The Architectural Review
Commission reviews the proposal to assure that it meets the adopted Guidelines for
Public Art. (Appendix B)
Council Approval. Ultimately, the City Council provides final approval of the pilot
program proposal.
PH1-85
FROM: Jay D. Walter, Director of Works Director
Betsy Kiser, Director of Parks and Recreation
Prepared By: Bridget Fraser, Senior Civil Engineer
Shannon Bates, Recreation Manager
SUBJECT: DOWNTOWN MAINTENANCE AND BEAUTIFICATION
RECOMMENDATIONS:
1. Approve work scope Option 1 which includes completing improvements on three blocks
of Higuera Street from Morro to Broad and direct staff to proceed with preparation of
construction documents.
2. Authorize the City Manager to approve the plans and specifications for advertising and
award the construction contract if bids are within the approved budget of $640,000.
3. As recommended by the Capital Improvement Plan Committee, approve funding in the
amount of $34,000 for the downtown utility box public art project.
DISCUSSION
Background
One of the Council’s “Other Important Objectives” in the 2009-11 Financial Plan is expanding
Downtown maintenance and beautification efforts. The intent was to enhance the maintenance
and beautification of the Downtown through reprioritization of projects, new partnerships,
clearer standards and design guidelines, and improved internal and external communications.
Specifically, beautification efforts will be focused on downtown signage, solid waste
collection, tree maintenance, news rack management, and other enhancements of existing City
infrastructure.
At the February 23, 2010 Council meeting, staff provided an update on the progress of the
Downtown “Objective” and asked Council for direction and input on the desired
improvements to be made. The Council report is available for review in the Council Reading
File. To summarize, three approaches were suggested by Staff:
1 Implement a block-by-block approach by bringing selected blocks up to standards.
2 Sprinkle improvements throughout the downtown area.
3 Combination of approaches 1 and 2.
For the most part, Council’s direction to staff was to first focus improvements on Higuera
particularly the completion of the block containing the Wineman Hotel (Higuera Street, from
Morro to Chorro). If additional funds were available, staff would then provide Council a
“shopping list” of other possible improvements in the downtown.
June 15, 2010
PH1-86
Downtown Maintenance and Beatification Page 2
Work Scope Options
As shown in the Fiscal Impact section there is approximately $640,000 currently available
from various projects that can be used to support improvements to the Downtown. Using this
$640,000 target, various work scope scenarios were put together which generally included
“completion” of one or more blocks in the downtown by in-filling areas without Mission
sidewalk, removing and replacing trees as called for in the Urban Management Plan,
upgrading existing tree grates, installing pedestrian lighting, updating trash receptacles and
news racks to new standards, upgrading sign posts to new standards, and painting traffic/light
poles within the block the standard dark green. In addition to completing a block or blocks,
several of the work scopes also included various combinations of improvements outside of the
completed block such as, street light/traffic pole painting, replacement of news racks in the
downtown, upgrading sign posts in the downtown, replacing all the trash cans in the
downtown and providing an allowance for a contingency fund.
Staff recommends setting aside a portion of the budget for this contingency fund that can be
used for various reasons; such as, absorbing design or construction costs of “unknowns”
encountered in the project, and/or be available as matching funds. The concept of matching
funds has been used to a small degree in the past few years to leverage City funds with private
property owners to obtain additional improvements at a reduced cost. Property owners
involved with building improvements frequently express an interest in doing more frontage
improvements than are actually required, if the City is willing to provide some funding toward
the work. In a couple of instances, the City has paid for the installation of curb and gutter,
with the property owner paying for the sidewalk. Sidewalk repair budgets have been
significantly reduced and staff has been unable to leverage these changes recently. Another
potential use of contingency funds could be to purchase and install trash cans or paint some of
the street light poles, above and beyond the approved construction project. The funding could
also be used for the originally proposed Warden Bridge resurfacing. This surface has become
uneven and pedestrian traffic would benefit from its replacement.
Note: For the purpose of this report and project, the “downtown” is the area bounded by Santa
Rosa, Palm, Nipomo and Marsh. This area is most consistent with the Downtown Pedestrian
Lighting District and the core area of the Mission Sidewalk District.
The following matrix summarizes four work scopes based on a budget of $640,000. Refer to
Attachment 1 for a visual overview of the work to be completed under each option. These
work scopes and estimates are indeed only estimates at this time and final details and costs
will be refined once the Council provides guidance on the desired work scope. Per Council
direction, all four concepts focus on Higuera Street. All options include completion of the
block containing the Wineman Hotel. Staff recommends Option 1 as it most closely meets
Councils direction to complete blocks on Higuera. Council may choose the recommended
option or any of the other “packaged” work scopes or Council may select other combinations.
To help with this, approximate estimates are given for each item for use by Council in the
event Council chooses to swap items or include items (increase the budget) or eliminate items
(reduce the budget) from the work scope.
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Downtown Maintenance and Beatification Page 3
Item Estimate 2 1 2 1 3 1 4
Higuera - Morro to Chorro (Wineman)200,000$ XXXX
Higuera - Chorro to Garden 200,000$ XXX
Higuera - Garden to Broad 200,000$ X
Higuera - Osos to Morro 200,000$
News Racks - Replace all in DT - 22±130,000$ XXX
Sign Post Upgrade (Higuera Only)X
Sign Post Upgrade - Replace all in DT - 200±70,000$ XX
Street/Traffic Light Pole Painting (Higuera Only)X
Street Light Inspection & Painting - 10 Poles 50,000$ X
Trash Receptacles (Higuera Only)X
Trash Receptacles - Replace all in DT - 77±140,000$ X
Contingency/Seed Money/Matching Funds $40K$15K$50K$60K
Estimated Construcion Time (Heavy Construction)3 6 mos.4 mos4 mos2 mos
Work Scope Options
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Notes:
1. Completing these two blocks will result in 3 consecutive completed blocks of pedestrian lights
2. There is overlap in costs between the “block” items and the “miscellaneous” items because some of the
miscellaneous items, such as news racks and poles, etc, are included in both the block cost and in the
miscellaneous cost.
- The News Rack and Trash Receptacle estimates are based on the cost of the items used in Wineman Hotel
demonstration block.
- Location and number of news racks is based on placing the new rack in same general location as existing.
The total number of news racks and the location may change as a news rack ordinance is developed and
adopted.
3. Construction impacts including time of year, daily work hours, etc., will be discussed and coordinated with
the Downtown Association and affected business once the scope of the final project has been determined by
Council.
Other Work Efforts Affecting the Downtown Projects
Final approval for news rack and trash receptacle standards are underway with the ARC. Staff
will meet with Pierre Rademaker for feedback on the new standards prior to final approval.
The City Attorney’s office also has on their agenda to pursue an ordinance regulating news
racks so that the City can eliminate the individual news rack clusters in favor of the larger
units available through the City.
Public Art
In January, Council approved several public art projects for funding through
the 2009-11 Financial Plan. However, $145,500 remained unallocated from
the public art fund. At that time, staff presented several ideas for future use of
these funds including a utility box public art project that would be tied to the
Downtown Beautification and Enhancement Goal. The proposed project would
enhance 15-17 old and unattractive utility/traffic control boxes at various high
visibility intersections in the Downtown core. Over the past several months, staff
has consulted with the Downtown Association (DA) to design a program that
could use public art as a strategy to convert these “eye sores” into a form of public
art while adding to the beautification efforts taking place in Downtown. Similar
programs exist in Palo Alto, San Diego, Vista, and El Cajon to name a few (see
Attachment 2 for examples of proposed program). Staff and the DA have begun
the conceptual work on a program entitled “BoxArt”. A “BoxArt” Festival,
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Downtown Maintenance and Beatification Page 4
modeled after the i madonnari festival, would culminate the event with all selected artists
painting their assigned box in a festival type atmosphere.
FISCAL IMPACT
Funding for the Downtown projects comes from a combination of maintenance and upgrade
Capital Improvement Plan projects approved for the Downtown as part of the 2009-11
Financial Plan. While the funding was originally approved for individual projects, Council has
expressed an interest in developing a revised workscope incorporating some of the original
elements along with new ones (i.e. news racks, trash receptacle and sign post upgrades). The
following table summarizes the original allocations and expenses incurred to date with a total
budget available for this project. As shown below there is $640,000 available to support this
work in the Downtown.
Cost Summary
Downtown ProjectsSpec. No.2009-102010-11
Mission Style Sidewalks 90739 100,000100,000
Downtown Paving 90942 200,000
Downtown Urban Forest Plan 90759 25,00025,000
Street Light Paint - Downtown 90944 50,00050,000
Warden Bridge Deck Rehabilitation 90946 45,000
Pedestrian Light Installation 90XXX 70,000
Demonstration Equipment & Lighting Expenses(25,000)
Total$395,000$245,000640,000
Public Art Funding2009-11 GF In-Lieu Fund
Utlity Box Program (Downtown)034,000 $34,000
Capital Improvement Plan
CONCURRENCES
Downtown Improvements. The Downtown Association and the Chamber of Commerce are in
favor of making improvements in the Downtown. Both organizations believe that improving
the Downtown experience will have a positive impact on the City’s economy in the long term.
Staff will be meeting with both organizations prior to the Council meeting to give them an
over view of the work scope options/staff recommendation and to gain their feedback. Once
the scope of work has been determined, both organizations will be contacted for input on how
to lessen impacts and to coordinate construction timelines.
Public Art. The proposed project was developed and recommended by the CIP Review
Committee and subsequently supported by the ArtsObispo Art in Public Places Committee.
Additionally, the Downtown Association has been an avid supporter and would be
significantly involved in the execution of the project (see Attachment 3).
ALTERNATIVES
1. Select other improvements or another approach to address the needs to improve
the Downtown. Council members or other interested members of the community may
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Downtown Maintenance and Beatification Page 5
have other ideas about how this objective should be tackled. Staff could be directed to
explore those ideas and bring an alternative concept back to the Council.
2. Deny the Public Art. Deny the public art project and redistribute funds to another
public art project or recommend other locations for public art.
ATTACHMENTS
1. Work scope Exhibits
2. Examples of utility box public art programs
3. Letter from the Downtown Association regarding public art
COUNCIL READING FILE
Council Agenda Report – February 23, 2010
t:\council a genda reports\public works car\2010\cip\90979 downtown beautification-maintenance\car dt beautification workscope.doc
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Box 13&14 were completed as a team with
Marcie Hawthorne (above).
Julie Frankel’s background is in graphic
design and mixed media painting. Julie
is an east coast transplant, living in SLO
since 1988. In her art she often explores
the themes of people watching and
narrative spaces. Julie is also a maker of
artists’ books—which combines both art
and design skill sets. Patterns, stencils,
and textures are one of her passions.
On the design side, Julie worked as an
independent consultant with Biesek
Design on many projects for the National
Park Service.
Abbey Onikoyi
Jeff takes great pleasure in drinking
Thai iced tea, eating chocolate donuts,
and reading a good book.
Jeff Claassen
Charlie Clingman was raised in spacious
rural settings which had animals to play
with and horses to ride. This planted
the seed for his future exploration and
appreciation of nature. He fi nds that 25
years of international surfi ng experience
has not only been a great thrill and good
exercise but a fi ne way to observe the
water and surrounding landscapes. He
seeks to have his paintings represent the
beauty and action he encounters.
Charlie Clingman
Marcie Hawthorne
Julie Frankel
Abbey Onikoyi, a native of Nigeria,
grew up in a family that was one of the
founding royal families of Lagos, with
a tradition rooted in arts and culture.
His goal is to impact humanity with “a
whole new love” through art, music and
communication. He now resides in San
Luis Obispo, where he owns “Spirits of
Africa” Gallery at the Creamery.
An artist and a dreamer by nature, Alister
Dippner has exploded onto the California
art scene in a big way, from creating
album artwork for a number of
up-and-coming bands and musicians to
showcasing his work in over 35 galleries
and art shows. His over active
imagination lead him to become a
professional muralist for two years
before moving to SLO.
Alister Dippner
Rachel LaBonte is a graduating senior
at Cal Poly, studying Fine Art with a
concentration in studio art. She focuses
primarily on painting and drawing, and is
interested in both fi guration and
abstraction. Mediation and its
relationship to reality and humanity have
been central to her most recent body
of work. She hopes to attend graduate
school in the fall, and is planning on
pursuing a career in the fi eld of Painting.
Rachel LaBonte
Jed is a native of California. He has been
drawing and painting since he was fi ve
years old. He attended the San Francisco
Art Institute and Cal State Hayward. He
is currently a freelance designer and
resides in Templeton with his wife and
several stray cats.
Jed Joyce
Justin grew up on the Central Coast
where he attended Cuesta College
before receiving a Bachelor of Art in Art
Studio from UC Santa Barbara. He now
resides in SLO with his wife Heather
and their two sons, Jude and Liam.
Justin works in various media although
prefers oils. The local landscape plays an
important role in his art.
Justin Johnson
15
16
18
20
19
22Joe has over 20 years of experience
creating commissioned murals and
fi ne art paintings for fi lm, television,
hotels, restaurants and residences
internationally. Whether working on
personal paintings or commissioned
murals, he approaches each with an
open mind, a knowledge of art history
and an array of stylistic techniques.
Joe Bachelor1
2
3
13
12
114
5
6
Marcia is a longtime resident of
San Luis Obispo County. Growing up in
the beautiful Carrizo Plains, and painting
currently in her studio in Creston’s
glowing oak woodlands, her work
is guided by the color and light of
landscape. Her paintings hang in the
County Government Center, Compact
Gallery in San Luis Obispo and Firefl y in
Paso Robles.
Marcia Harvey
9
7
Carol feels lucky to live in Baywood
between the ancient, breathing estuary
and the hills with rocks for bones.
Surrounded by inspiration, this county
has been her home since childhood. Here
she has raised her family, adventured,
wore out a few good dogs, made a
lot of art and friends. “I love it all,
absorbing, living, making art, family and
community.”
Carol Paulsen
Chris Pedersen grew up on the Central
Coast of California. He explored his beau-
tiful surroundings and discovered his
drawing talent and creative imagination.
His art career started with a concentra-
tion of illustration and graphic design.
Currently Chris is making fi ne canvas oil
paintings while he continues to develop
illustrations for a children’s book story,
which will likely inspire the youth to no
end. Chris has maintained the youthful
fantasy aspect of possibility.
Chris Pedersen
A SLO native, Jane grew-up with the
old growth oaks. With big dreams, she
left for her bachelor’s in International
Relations, before reluctantly returning.
Four years later, she’s made her home
anew. When not painting, riding her pink
bike, or pretending to save the world,
she works as a counselor and advocate
at the SARP Center.
Jane Pomeroy
Formerly from Southern California,
Lena Rushing has called the Central
Coast home for 16 years. She is best
known for her large scale, acrylic, fi gure
paintings. Honest and authentic, her
intent is to create vibrant, intriguing
works of art that encourage the viewer
to engage in art related dialogue.
She would describe her paintings as a
marriage between fi gurative
expressionism and surrealism.
Lena Rushing
23
27
28
26
Colleen is an artist and surfer in Central
California. Colleen taught herself to paint
and went on to study art overseas, at the
L‘Accademia di Belle Arti, an art school
founded by Michelangelo in Florence.
Shortly after graduation from UC Santa
Cruz, she moved to Hawaii and began
work as a muralist for various Waikiki
hotels, restaurants, theatres and set
companies. Colleen returned to Shell
Beach, where she works as a studio artist
and muralist, creating works inspired by
her love of the ocean.
Colleen Gnos
Samantha is currently working as a
designer for Stephen Patrick Design in
San Luis Obispo. Her passion is art and
design. Samantha’s love for art began as
a child. Her favorite pastime is to draw.
In college, she started as an art major;
then found herself switching to
Interior Design.
Samantha Pereira
Lynn is an active member of the
Downtown Association’s Design Com-
mittee and the Downtown Foresters.
She works and travels extensively as a
decorative artist for local art company
Douglas Bouman and Associates. In
conjunction with that company, she
recently completed a recreation of the
historic entrance to the Coconut Grove
Hollywood for the Ambassador Project
in Los Angeles.
Lynn Hessler
Robert was born and raised in Santo
Domingo, Dominican Republic. At age 16,
he enrolled in the Academy of Fine Arts
in Santo Domingo, where he spent fi ve
years perfecting his craft. After
completing his studies, Robert became
the offi cial muralist of the Dominican
Presidency. In 2001, Robert moved to
Madrid, Spain in order to pursue his
career as an international artist. Robert
now resides on the Central Coast taking
in the warm sunshine and beautiful
landscapes.
Robert MAJA
Amy McKay has been enjoying the SLO
life since 1995, when she came to
Cal Poly for her degree in landscape
architecture. Art has always been her
fi rst love though, and SLO has been
both a supportive and inspirational
environment for her artistic pursuits.
She is thrilled to be a part of the Box Art
project for the second time and feels
grateful every day to be able to share her
art with others. As often as possible, she
can be found painting in her sunny home
studio at the base of Cerro San Luis.
Amy McKay
joey Salazar
joey Salazar was born on the California
Central Coast. She has traveled many
times to New York and South America
to observe and study art, as well as to
gain inspiration. Along her life’s path
joey has worked with many mediums
including, but not limited to, acrylics,
aerosol, photo collage, water and air.
Her work often expresses her feminine
compassion, wisdom and strength which
she hopes to share with others.
California based stencil artist
STENZSKULL, layers grey tones and
colors with stencils to conjure amazing
portraits and fun concepts. 8 years deep
in his stencil medium he is constantly
evolving and refi ning his artistic style.
Hours and hours put in to design and
hand cutting stencils are surely worth
the fi nal product.
STENZSKULL
Ryan Williams was born in Arlington
Heights, IL. in 1973 and currently lives
and works in San Luis Obispo, CA. He
received his BFA from Cal Poly in 2012,
graduating Magna Cum Laude. His
future goals include obtaining his MFA.
In the meantime, Ryan’s eff orts are set
on developing community and maintain-
ing his daily art practice. This is Ryan’s
second time participating in the Box Art
project/competition.
Ryan Williams
Marcie is a San Luis Obispo artist
who has been working as a muralist,
gardening/natural history book illustrator
and plein air painter for thirty years.
She has earned an academic degree in
Biology from Duke University, a fi ne arts
degree from California College of Arts
and Crafts and has also received
additional training in medical and
biological illustration at Duke Medical
School. Marcie has combined a love of
nature and art in a unique way with her
residential and public art mural painting.
10
14 21
24
25
31
32
8
17
29 Blair Rusin
Blair has since experienced life in most
parts of the world. A world that he loves
and works to save, in his artwork and in
his respect for nature. His artistic talent
has been fueled by the beauty found in
the mountains, the oceans and world
cultures. His dreams fi ll in the missing
pieces. As a snowboarder he has been
able to travel the world to discover and
embrace all elements of beauty and
nature. These experiences and
relationships have been a great tool in
leading him to explore all diversities of
his passions.
Box Art Round 1
Box Art Round 2
| THE PROJECT
The City of San Luis Obispo invited artists residing in San Luis Obispo,
Santa Barbara and Monterey counties to apply for a public art proj-
ect to create art on 32 utility boxes located throughout San Luis
Obispo. The goal of the project is to use utility boxes as “canvases”
for original pieces of art as well as contribute to the vitality and at-
tractiveness of the downtown while deterring graffi ti. Not only will
this project improve the “curb appeal” of one of the most attractive,
interesting and economically vibrant downtowns in America, but it
will also give artists an opportunity to add their personal touch to the
City’s public art collection.
| MORE INFORMATION
www.slopublicart.com
City of San Luis Obispo | 805.781.7300
completed October 2010
GUIDE MAP ON BACK
PH1-92
Page 1 of 6
RFQ –The “BOX ART” Project & Public Art in the Public Library: Phase I –The Atrium Mural Project
Deadline to Apply: July 6, 2012 at 5:00 p.m.
City of San Luis Obispo
Visual Arts in Public Places Program
CALL FOR ARTISTS
The “BOX ART” Project & Public Art in the Public Library
PROJECT OVERVIEWS
The City of San Luis Obispo in collaboration with the San Luis Obispo Library invite artists residing in
San Luis Obispo, Santa Barbara and Monterey counties to apply for the following public art projects:
■ The “BOX ART” Project
Due to the success of the first installation of art on 16 utility boxes in the City of San Luis Obispo’s
downtown corridor, there will be the beautification of an additional 13 utility boxes extending beyond
the downtown to areas “uptown,” near Cal Poly, and the railroad district. The goal of the “BOX ART”
project is to use utility boxes as “canvases” for original pieces of art as well as to contribute to the
vitality and attractiveness of the city, while deterring graffiti.
Dimensions of the large utility boxes are generally 5’3” H X 2’8” W x 2’ D. Dimensions of the small utility
boxes are generally 2’8” H X 1’8” W x 1’4” D. Art should cover all exposed sides including the top.
Utility boxes will be cleaned, sanded and primed prior to the first day of painting which will take place on
September 15, 2012 (all selected artists must be available to paint on this date). Upon completion,
each box will be sealed with a UV anti-graffiti clear coat sealant.
Artist Joe Bachelor
PH1-93
Page 2 of 6
RFQ –The “BOX ART” Project & Public Art in the Public Library: Phase I –The Atrium Mural Project
Deadline to Apply: July 6, 2012 at 5:00 p.m.
Thirteen utility boxes throughout the city have been selected for the second round of the “BOX ART”
program; click here for map. Artists may request a box location by indicating the box number on the
application (requests for a particular box location are not guaranteed). Two boxes located near Cal
Poly will be available only to current Cal Poly student artists (see ARTIST ELIGIBILITY).
■ Public Art in the Public Library: Phase I—Atrium Mural Project
Upon entering the library, you are greeted by a high, large, open atrium that calls out for dynamic
movement and color. Public libraries are active, bustling places that also promote reflection and
intellectual pursuits of any kind imaginable. In addition, the San Luis Obispo Library is situated in one
of the most beautiful areas in the country. The Atrium Mural Project seeks a cohesive scene,
incorporating all four walls with a common theme with a particular interest in art that celebrates the
county’s unique, natural beauty, as well as designs that integrate all that public libraries are and what
they offer to those who enter their doors. The mural will attract visitors from near and far as well as
residents seeking to further celebrate the City’s vibrant public art collection.
*Lighting as shown will be removed and replaced with alternative fixtures that will have minimal impact on the mural.
The mural will cover the four interior walls of the atrium, each wall with dimensions of 6’ 4” H X 20’ W on
126.6 sq. ft. totaling 502 sq. ft. for all four walls (one wall has a 4.4 sq. ft. interference that will not be
painted). Art should cover the entire specified wall space. The wall surface will be cleaned, sanded and
primed prior to the mural installation and will be sealed upon completion.
ARTIST ELIGIBILITY
The competition is open to individual artists, a team of artists or community groups with a designated
lead artist who have the vision and skills required to complete the project to the highest standards of
innovation and technical expertise. Qualifying applicants must reside in San Luis Obispo, Santa
Barbara or Monterey counties. Artists should carefully read the description of the project and decide if
the project is suitable to their interests, capabilities and experience.
Artist Justin Johnson Artist Ryan Williams Artist Amy McKay
PH1-94
Page 3 of 6
RFQ –The “BOX ART” Project & Public Art in the Public Library: Phase I –The Atrium Mural Project
Deadline to Apply: July 6, 2012 at 5:00 p.m.
In an effort to support and provide a forum for displaying the talent and vitality of emerging Cal Poly
student artists, two of the boxes located closest to the Cal Poly campus (Boxes #12 & #13) will be
offered only to current Cal Poly students. However, please note that student artists are not limited to
applying for these two boxes and are welcome to apply for additional boxes and/or the Atrium Mural
Project. Student artists must indicate that they are a Cal Poly student on the application (Exhibit A) in
addition to providing a valid student ID number.
BUDGET
■ “BOX ART” Project
Artists’ stipend for:
Large utility box is $1,500 (Boxes #1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13)
Small utility box is $1,000 (Boxes #3, 4)
In addition, artists may apply for a supply voucher for up to $200 (original receipts are required). The
budgeted amount is all-inclusive and must cover every cost incurred by the artist in the course of
designing and installing the artwork. The final selected artists will also receive a $100 honorarium for
their conceptual renderings; those works will become property of the City of San Luis Obispo.
■ Public Art in the Public Library: Phase I—Atrium Mural Project
The total budget for the mural (consisting of three 126.6 sq. ft. wall spaces, and one 122.2 sq. ft. wall
space, totaling to 502 sq. ft.) is $18,000. The final selected artist(s) will also receive a $100 honorarium
for their conceptual renderings; those works will become property of the City of San Luis Obispo. This
budgeted amount is all-inclusive and must cover every cost incurred by the artist in the course of
designing and installing the artwork including paint, supplies, drop cloths, scaffolding, etc.
Please keep in mind: for both projects the surfaces will be cleaned, sanded and primed prior to the first
day of painting and sealed upon completion.
MEDIA AND MATERIALS GUIDELINES
Page 4 of 6
RFQ –The “BOX ART” Project & Public Art in the Public Library: Phase I –The Atrium Mural Project
Deadline to Apply: July 6, 2012 at 5:00 p.m.
business owner(s)/neighbor(s). The jury will review all complete, eligible applications received by the
deadline. If the number of qualifying applications does not meet the number needed; City staff and/or
the Council may decide to reopen the selection process.
Criteria used to select artists will be:
Evaluation of artistic excellence
Appropriateness of scale, form, content and design
Relationship to the social, cultural and/or historical identity
Experience in working on comparable projects
Artists (or lead artist of a team) must reside in San Luis Obispo, Santa Barbara or Monterey
counties.
The City reserves the right to refuse all entries. Selected artwork must meet the City of San Luis
Obispo Public Art Guidelines and receive final approval by the City Council.
TENTATIVE SCHEDULE
Call For Artists Release May 21, 2012
Application Deadline July 6, 2012
Artist selection announced (week of) July 23, 2012
Finalists Reception and Orientation (week of) August 13, 2012
(MANDATORY for all selected “BOX ART” artists only)
Installation of Artwork for “BOX ART” Project September 15-28, 2012
Installation of Artwork for the Atrium Mural Project October 1-14, 2012
*The proposed timeline is subject to change
TO APPLY:
The City of San Luis Obispo encourages the use of recycled and tree-free products. To that end, we
ask that submissions be in as paperless a manner as possible, therefore, submissions MUST be
submitted in one of the following ways:
1. Electronically to sbates@slocity.org.
The subject line for submissions should read: “Firstname_Lastname_PROPOSAL”
2. Submitted on ONE CD-ROM – mailed or hand delivered to:
The “BOX ART” & Library Mural Project
ATTN: Shannon Bates
1341 Nipomo St.
San Luis Obispo, CA 93401
The CD must be enclosed in a hard case and labeled with the artist’s name.
Artists of artist teams wishing to be considered must submit the following materials:
Application
Completed application listing name, contact information of artist/artist team and all information
requested. (Exhibit A)
A Professional Résumé
Each applicant shall submit a professional résumé including information regarding past public art
commissions, design team experience, exhibitions and installations, awards, grants and education
(up to two pages). Teams must submit a separate résumé for each member of the team.
PH1-96
Page 5 of 6
RFQ –The “BOX ART” Project & Public Art in the Public Library: Phase I –The Atrium Mural Project
Deadline to Apply: July 6, 2012 at 5:00 p.m.
Handwritten materials will not be reviewed.
Submitted in .doc or .pdf format; titled Firstname_Lastname_cv
Submittal of References
Each applicant shall submit the names of two references on the form provided in the application
package. (Exhibit B) Do not send letters of recommendation. Please ensure information for
references is current; inaccurate information may delay the selection process. Teams must submit
separate references for each member of the team.
Submitted in .doc or .pdf format; titled Firstname_Lastname_ref
Digital Images of Prior Work
Ten images of past work that represent no more than five public art projects (relevant artworks
may also be submitted if public art experience is limited). 10 image maximum is per application,
not per team member. Images can be submitted in one of the following formats:
1. Provide a URL for a website that contains the number and type of images outlined
above.
2. Provide a PowerPoint File – one image per slide; in the notes section of each slide
include: artist’s name, title and/or location or work, medium, date work completed and
dimensions. Save file as: Firstname_Lastname_images
Conceptual Rendering(s)
Each applicant can submit up to 3 conceptual renderings for each project using the templates
provided (Exhibits C-1 and C-2). Renderings must be in full color on the provided templates and
depict the finished artwork as accurately as possible. Renderings must be submitted as an image
file (.jpg, .tiff, etc.). Artists not selected will get their renderings returned. Artists that are selected will
be given a $100 honorarium for their renderings; those works will become property of the City of
San Luis Obispo.
DO NOT SUBMIT PROPOSALS, DRAWINGS, MODELS, MEDIUM SAMPLES, ORIGINAL
WORKS OF ART, BOOKS, CATALOGUES, OR ANY OTHER MATERIALS IN LIEU OF, OR IN
ADDITION TO, THE REQUIREMENTS LISTED ABOVE. UNSOLICITED MATERIALS WILL NOT
BE REVIEWED BY THE JURY AND WILL NOT BE RETURNED.
SUBMISSION AND DEADLINE
Artists may submit ONLY one (1) application. Artists are welcome to apply for both projects (“BOX
ART” & Library Atrium Mural), using the same application with two sets of conceptual renderings
(Exhibits C1 and C2).
All application materials must be received no later than 5:00 p.m. on July 6, 2012. Incomplete or
late submittals will not be considered.
The City is not obligated to notify applicants when applications (complete or incomplete) are
received.
LEGAL AND INSURANCE REQUIREMENTS
Artists that are awarded contracts for either of these projects will be required to comply with the City’s
PH1-97
Page 6 of 6
RFQ –The “BOX ART” Project & Public Art in the Public Library: Phase I –The Atrium Mural Project
Deadline to Apply: July 6, 2012 at 5:00 p.m.
insurance and liability requirements. Those requirements will be provided to selected artists.
QUESTIONS?
Any questions stemming from the review of this application must be addressed to: Shannon Bates
via e-mail: sbates@slocity.org
Additional copies of this application may be found on the City’s public art website:
www.slopublicart.com or Facebook – SLO Public Art
Please read the application directions carefully. INCOMPLETE OR LATE APPLICATIONS WILL
NOT BE REVIEWED. The deadline for receipt of applications for the projects described herein
is July 6, 2012 at 5:00 p.m. Applications received after 5:00 p.m. will not be accepted.
PH1-98
Exhibit A
APPLICATION
The “BOX ART” Project & Public Art in the Public Library: Phase I
ARTIST INFORMATION
I am applying for: (Check all that apply)
□The “BOX ART” Project
□ Public Art in the Public Library: Phase I– Atrium Mural Project
Last Name
First Name
Street Address
City State Zip
E-Mail
Phone/Cell #
□I am enclosing a CD that includes a Power Point file
of my previous work.
□I am providing a URL for viewing of prior work.
URL: www.________________________________.________
Cal Poly Student:
□ YES □ NO
If YES, Student ID#:
GETTING TO KNOW THE ARTIST
Artist’s approach to the project – vision and intent
Artist’s philosophy on public art; why is public art important to you?
How does the artistic rendering(s) represent San Luis Obispo?
PH1-99
Exhibit B
REFERENCES Describe fully the last two contracts performed by you, which demonstrate your ability to provide the services included in the
scope of the project. The City reserves the right to contact each of the references listed for additional information regarding
your qualifications.
Reference #1
Contact Name
Telephone Number
E-mail Address
Address
(Street, City, State, and Zip Code)
Nature, location, medium, and
dimensions of art project
installation
Contract Amount
Date Completed
Project Outcome
PH1-100
Reference #2
Contact Name
Telephone Number
E-mail Address
Address
(Street, City, State, and Zip Code)
Nature, location, medium, and
dimensions of art project
installation
Contract Amount
Date Completed
Project Outcome
PH1-101
Exhibit C-1
“BOX ART” DESIGN TEMPLATE
Below is a template of a typical utility box showing four sides and the top. Use this template to illustrate your color
rendering(s). You may enlarge this template as needed and submit up to 3 different template designs. Unique colors
and bold graphics work well, along with bright images that complement pedestrian activity. City staff and the jury will
look for colorful artwork that celebrates the unique essence of the City of San Luis Obispo. To learn more about San
Luis Obispo visit: www.slocity.org.
NOTE: The dimensions of the template do not accurately represent all utility boxes’ dimensions; therefore, the
proposed design must be adjustable.
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PH1-102
Exhibit C-2
LIBRARY ATRIUM MURAL DESIGN TEMPLATE
Below is a template of the wall spaces for the mural in the atrium of the library. Use this template to illustrate your color rendering(s).
The high, large, open atrium calls out for dynamic movement and color. The Library Mural Project seeks a cohesive scene,
incorporating all four walls with a common theme and an art that celebrates the county’s unique natural beauty as well as designs that
integrate all that public libraries are and what they offer to those that enter their doors. You may enlarge and arrange the template as
needed and submit up to 3 different template designs. To learn more about San Luis Obispo Library visit: http://slolibrary.org.
Artist’s Name:
Title of Submission:
Design Description:
NOTE: There may be a lighting system installed that would minimally impact a portion of the wall at the very top. Artists may be
expected to make slight alterations in design if fixtures interfere once lighting positioning has been confirmed. Also, the dimensions of
the template may not exactly represent the dimensions of the atrium wall space; therefore, the proposed design must be adjustable.
NORTH Wall (Above Palm Street entrance)
SOUTH Wall (View when entering)
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PH1-103
Exhibit C-2
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PH1-105
City of San Luis Obispo
UTILITY BOX BEAUTIFICATION PROGRAM
Artist Agreement
This agreement is made and entered into between (1) the City of San Luis Obispo (hereinafter “City”) and (2)
_______________________________ selected to participate in the “BOX ART” Project (hereinafter “Artist”).
1. Artist will use paint type and paint products recommended by the City which are the following:
a. PAINT TYPE: premium high solids 100% acrylic latex waterborne exterior wall and trim paint;
low-sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat.
b. PAINT PRODUCTS (in recommended order):
Nova Color (available wholesale at www.novacolorpaint.com)
Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
Pratt and Lambert: Accolade Exterior Acrylic Latex, Eggshell
Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Lustre
Frazee #126 Mirro Glide Low Sheen Acrylic Latex
Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen
2. Artist will purchase the needed paint and supplies, including paintbrushes, paint rollers, rolling pans,
drop cloth, masking tape, latex gloves, and cups for blending/mixing paint. Artist must provide his/her
own additional supplies if needed.
3. The City will have the utility boxes cleaned, prepped and primed prior to painting, as well as sealed
upon completion.
4. Artist will paint the utility box assigned to them by the City. Painting of the box must be started on
_________________________ and must be completed no later than_________________________.
5. Painting may only occur during the hours of 7 a.m. to 7 p.m. (with the exception of Thursdays when
painting must occur between 7 a.m. and 4 p.m.). A minimum sidewalk clearance of four feet must be
adhered to at all times.
6. Artwork submitted for jury review may need to be adjusted to fit the size and orientation of the
assigned utility box. However, changes to artwork must be minor and may not include changes to
color or content. Upon completion, if changes to the artwork are deemed to be major; the agreement
will be terminated and payment to the artist will not be remitted.
7. Artwork must include all visible sides of the utility box including the top.
8. The artist shall attend a public works orientation. During the orientation, public works staff will identify
electronics, equipment, and other facilities on the exterior of the cabinet which shall not be painted,
including:
official plaques, stickers, or identification numbers
keyholes or keyhole covers so they cannot be opened
windows, vents, or viewing ports
PH1-106
9. If any component of the City’s traffic signal systems is damaged as a result of the artists work, the artist
shall arrange for a licensed contractor to repair the damage at the artist’s sole expense.
10. The artist shall provide for City maintenance, operations, and emergency access to their respective
utility box at all times.
11. Artist recognition via signature on the utility box may be no larger that 3”x5”
12. The completed artwork will be the property of the City, which retains the right to remove, modify, or
replace the utility box, components of the utility box, or the artwork if necessary without
compensation to Artist.
13. The City may use images of the artwork for promotional purposes.
14. Artwork may not contain advertising, religious art, sexual content, negative imagery, convey political
partisanship or include any hidden, subliminal or camouflaged messages or statements of any kind or
nature.
15. Artwork may not include any breach of intellectual property, trademarks, brands, images of illegal
activity or involve the attachment of any object(s) to the box.
16. The artist has the first option to repair artwork if damaged. The City may repair, remove, or modify
damaged artwork if Artist is unavailable.
17. The City will pay $1,500 per “large” box and $1,000 per “small” box to the Artist within 30 days upon
completion of the utility box. It is the artist’s responsibility to contact the Public Art Manager at the
time of completion.
18. The City will reimburse the artist for the cost of paint and paint supplies not to exceed $200. The artist
must fill out and submit a reimbursement form (attached) within 30 days of completing the artwork.
Original receipts must be attached for reimbursement. Artists will receive a reimbursement check
within 30 days of submitting a reimbursement form.
19. Artists shall defend, indemnify, protect and hold harmless the City, or their elected and appointed
officers, employees, members or agents from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the
result of the negligent acts, errors or omissions or the willful misconduct of the Artist, and Artist’s
employees, subcontractors or other persons, agencies or firms for whom Artist is legally responsible in
connection with the execution of the work covered by this Agreement. Artist shall have no duty to
indemnify or hold harmless the City if claims, damages, liability, costs and expenses (including without
limitations, attorneys fees) arise from the sole negligence or sole willful misconduct of the City
subsequent declaration by the Artist. Artist’s obligations shall survive the termination of this
Agreement.
20. To protect the City, Artist shall execute a Release from Liability before participating in the “BOX ART
Project.
21. Artist is not, and any of the Artist’s agents, employees or representatives are, for all purposes under
this agreement, an independent contractor and shall not be deemed to be an employee of the City,
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and none of them shall be entitled to any benefits to which City employees are entitled including but
not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other
leave benefits.
22. The City may terminate this Agreement at any time and for any reason. If the Agreement is terminated
by the City after the painting of a utility box has commenced, Artist shall be entitled to reasonable
compensation for work performed to date, minus any offset representing the City’s damages should
termination result from Artist’s breach of contract. Artist hereby expressly waives any and all claims
for damages or compensation arising under this Agreement except as set forth herein.
___________________________________________ ______________________________
Public Art Manger, City of San Luis Obispo Date
____________________________________________ ______________________________
Artist Date
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Proposed Public Art Policy Changes
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Utility Box Art Program (NEW)
Program Background
In 2010, as part of the City’s Downtown Maintenance and Beautification project, the City Council approved funding
for the Utility Box Art pilot project. This temporary public art pilot project was initiated by The City of San Luis
Obispo with the support of the San Luis Obispo downtown Association and Arts Obispo. Initially conceived as a
graffiti abatement measure to enhance unattractive utility/traffic control boxes at various high visibility intersections
in the Downtown core, widespread popularity of the box art program quickly grew and enabled the pilot program to
expand.
The Utility Box Program was designed to use the funding for regular lifecycle maintenance of city assets in a
creative way. The program allowed for these street level artworks to add vibrancy to our cityscape, while creating a
sense of place and identity for our community through a resident art selection jury. These public artworks were not
intended to be permanent but as a temporary canvas through which artists and community members could express
themselves and their identity.
Over the past five years of the pilot program, various painted utility/traffic control boxes have required maintenance
upgrades, installation of necessary battery back-up cabinets or repairs as a result of unanticipated damages which
have had an impact on the artwork. Updates to the City’s Public Art policy would include making Utility Box Art a
regular ongoing public art program and identify maintenance procedures for the artwork should the utility/traffic
control boxes require repairs, removal or modification. The purpose of the Temporary Public Art Pilot programs is
to encourage the creative uses of public art throughout the community through the promotion of opportunities,
establishment of guidelines, and minimum maintenance requirements
Program
1. Goal of Box Art Program: The goal of the “BOX ART” project is to use utility boxes as “canvases” for
original pieces of art as well as to contribute to the vitality and attractiveness of the city, while deterring
graffiti.
2. Dimensions: Large utility boxes are generally 5’3” H X 2’8” W x 2’ D. Dimensions of the small utility
boxes are generally 2’8” H X 1’8” W x 1’4” D. Art should cover all exposed sides including the top. Utility
box size may vary; selected artists must be willing to adjust designs to the box assigned
3. Duration of Box Art: Utility Box Art should be on public display for approximately (5 years) when the utility
box would be eligible for selection for a new design or reverted back to the standard utility/traffic control box
color.
4. Utility Box Art Phases: Each Phase of Utility Box Art should consist of approximately sixteen utility box
locations or less. These utility/traffic control box locations will be determined by Public Works and Public
Art program staff.
5. Artist Eligibility: The competition shall be open to individual artists, a team of artists or community
groups with a designated lead artist who have the vision and skills required to complete the project to the
highest standards of innovation and technical expertise. One of the City's goals is to promote the
involvement of local artists and citizens in the public art program. As a result, juried art competitions of
under $40,000 a residency requirement will mandate eligible artists reside within San Luis Obispo,
Monterey and Santa Barbara counties. Qualifying applicants should carefully read the description of the
project and Request for Proposals and decide if the project is suitable to their interests, capabilities and
experience.
6. Public Works Department Review: Prior to art jury review, the Public Art Manager arranges for the project
to be reviewed by appropriate staff in the Public Works Department. The purpose of this review is to uncover
any significant engineering or maintenance issues that may arise out of the placement of art or the choice of
materials for the artwork for the particular site. If the artwork is part of a larger construction project, it may be
valuable to have the project contractor present, as well. This information will be presented to the jury to help
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Proposed Public Art Policy Changes
2 | Page
guide their decisions when selecting a piece.
7. Selecting an Art Jury: (Refer to Public Art Manual page 9 for selection of an Art Jury). Art juries help staff
evaluate the qualifications received and make a final selection to proceed through the remainder of the
approval process. The preferred approach is to create a five/seven member jury for a project. A minimum
of one neighbor, or representative within proximity the utility box, for each of the affected neighborhood will
be selected for an Art Jury.
8. The Jury Selection Process: Box Art Applications submitted in response to a Request For Qualifications
will be reviewed by the Public Art Manager who will then forward all complete and eligible applications
received by the deadline to the selection committee (jury) consisting of: San Luis Obispo County Arts
Council member(s), local artist(s), interested community members, City staff and a neighbor(s). Upon
evaluating the qualifications provided in the applications, the jury will select artist designs totaling the
amount of utility/traffic control boxes within a phase.
9. Evaluation Group: Once the pilot program parameters have been developed, the Public Art Manager
solicits evaluation from Public Works staff and local art organizations, such as Arts Obispo and the
Downtown Association Design Committee, to judge the merits of the artists’ proposal. The jury will
review all complete, eligible applications received by the deadline. If the number of qualifying applications
does not meet the number needed, City staff and/or the Council may decide to reopen the selection process.
Criteria used to select artists will be:
a. Evaluation of artistic excellence such as innovative designs, high quality materials and
environmental consideration.
b. Appropriateness of scale, form, content and design
c. Relationship to the social, cultural and/or historical identity (Cultural Heritage Committee review
and approval required when utility box art located within an established historical district)
d. Experience in working on comparable projects
e. Artists (or lead artist of a team) must reside in San Luis Obispo, Santa Barbara or Monterey
counties.
10. Evaluation Criteria: The standard Guidelines for Public Art (Appendix B) will apply in making a
determination that the proposed project is acceptable to the City and should move forward in the selection
and approval process. Box art designs and locations, as recommended by the Art Jury, shall be reviewed
and approved by the Architectural Review Commission to ensure the design meets the adopted Guidelines
for Public Art. (Appendix B). Utility Box Art proposed within an established historical district shall be
reviewed and approved by the Cultural Heritage Committee for consistency with historical context of the
surrounding area. Designs that do not garner the unanimous support of the respective Advisory Bodies will
not proceed. Staff shall present the final utility box art designs and locations, as recommended by the Art
Jury and Advisory Bodies, to the City Council for final approval.
11. Artist Selection and Contract: The City’s public art manager shall enter into a public art contract agreement
with the selected artists for the installation of utility box art. The Utility Box Art Artist Agreement is provided
as Appendix O.
12. Artists’ Stipend:
a. Large utility box is $1,500
b. Small utility box is $1,000
i. In addition, artists may apply for a supply voucher for up to $200 (original receipts are
required). The budgeted amount is all-inclusive and must cover every cost incurred by the
artist in the course of designing and installing the artwork. The final selected artists will
also receive a $100 honorarium for their conceptual renderings; those works will become
property of the City of San Luis Obispo.
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Proposed Public Art Policy Changes
3 | Page
13. Media and Materials Guidelines
a. Artwork must be original and may not contain advertising, religious art, sexual content, negative
imagery or convey political partisanship.
b. Vinyl wraps of “digitally enhanced works” are permitted.
c. Artists must use the following materials:
i. PAINT TYPE: premium high solids 100% acrylic latex waterborne exterior wall and trim
paint; low-sheen, eggshell or satin finish; minimum 1.5 mil dry thickness per coat.
ii. PAINT PRODUCTS (in recommended order):
Nova Color: (preferred)
Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
Pratt and Lambert: Accolade Exterior, Acrylic Latex, Eggshell
Benjamin Moore: Aura Exterior Acrylic Latex #634 Low Lustre
Frazee: #126 Mirro Glide Low Sheen Acrylic Latex
Kelly Moore: #1245 Acry-Shield Acrylic Latex Low Sheen
d. Utility boxes shall receive a final UV protective anti-graffiti coating following completion of
artwork.
14. Encroachment Permit: Artists are required to obtain a no-cost encroachment permit through the City’s
Community Development Department.
15. Maintenance, Repairs, Modification of Utility/Traffic Control Boxes: The Public Works Department is
responsible for maintaining City facilities, and this includes all City owned or City-sponsored public art.
The City reserves the right to modify or remove artwork should a utility/traffic control box require
maintenance, modifications or repairs. Should this occur, the City shall convert the utility/traffic control
box back to its original state or work with the artist to update the art to the respective changes that occurred.
If the box is returned to its original state the artist would then have the first option of participating in the
subsequent round of Box Art.
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Consideration of
Additions to the City’s
Public Art Policy
Public Art Program Utility Box Art Innovative Design
Public Art Program
26 years
Strong Community
Engagement
68 Public Art Pieces
City Maintained
Public Art Policy
Last Updated in 2011
Tonight’s
Recommendations Focus:
Temporary Public Art
Utility Box Art Program
*Responsive to
Operations and Maintenance*
World
Trade
Center
9/11
Memorial
Public Art Engagement
Internal Collaboration
•Fire
•Police
•Public Works
•Parks & Rec
External Collaboration
•Arts Obispo
•Art Jury
Stakeholder Feedback
•Cultural
Heritage
Committee
•Architectural
Review
Committee
•City Council
Temporary Public Art
Encourages:
Creative uses of
public art throughout
the community
Evaluation Criteria:
program type,
location, artist
selection, duration
Status: Conversion
of Pilot program into
Public Art program
Utility Box Art
Program
2010: Pilot Program
Downtown Beautification
36 Boxes: 2 phases
Enhancements:
Attractive, Graffiti
deterrent.
Utility Box Art
Program
SLO, AN INDUSTRY LEADER
GRAFFITI ABATEMENT
ONGOING MAINTENANCE
Policy Considerations
•Provide for Regular Life-Cycle
Maintenance
•Response to Unanticipated Damages or
Repairs
Utility Box Art Program
Policies to Address
Maintenance Needs
Benefits of Added Policies
Temporary
Public Art &
Pilot
Programs
Utility Box
Art Program
Community Engagement
Vibrant Neighborhoods
Program Longevity Maintenance
Defining Artist Locality as Central
Coast Tri-Counties?
•Historical Feedback
•Projects Under $40,000
Council Provided
Questions
PH1-110,111
•7. Eliminate the words “help staff”. Add Art
Jury names shall be included in staff
reports.
•9.e Eliminate Santa Barbara or Monterey
County for smaller projects under $40,000
•10. Revise to indicate support of both
CHC and ARC required for projects to
proceed
•13.a add art may not contain “drug-related
content”
Council Provided Edits
CONSIDERATION OF PROPOSED
Council’s direction to update the
City’s Public Art Policy to include:
•Management of Temporary
Public Art and Pilot Programs
•Incorporation of Utility Box Art
into City’s Public Art Program
CONSIDERATION OF PROPOSED CHANGES
CITY’S PUBLIC ART POLICY
QUESTIONS?