HomeMy WebLinkAbout05/07/2002, 5 - RESOLUTION ACCEPTING THE DONATION OF PUBLIC ART SCULPTURE GARNET AND AUTHORIZATION TO INSTALL Mrin
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5-7-02
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C I T Y OF SAN L U IS O B I S P O 5
FROM: Wendy George, ACAO
Prepared By: Betsy DeJarnette, Assistant to the CAO
SUBJECT: RESOLUTION ACCEPTING THE DONATION OF PUBLIC ART
SCULPTURE "GARNET" AND AUTHORIZATION TO INSTALL
CAO RECOMMENDATIONS:
1. As recommended by the Architectural Review Commission (ARC), adopt a resolution
accepting the donation of the public art sculpture"Garnet".
2. Authorize staff to proceed with installation on public property.
3. Appropriate $2925 from the Public Art In-Lieu Fund to fund installation of the
sculpture.
DISCUSSION
Background
Several years ago, the City Council adopted a Privately Funded Art in Public Places Policy that
allows an individual to donate art to the City if the art 1) meets established criteria for public art
and 2) withstands the rigorous review of a jury, the ARC, other commissions where appropriate,
and the City Council. Since its inception, the City has not had an opportunity to implement the
policy.
This past winter, artist Kate Britton and co-owner Diane Blakeslee approached staff with an offer
to donate the sculpture Garnet to the City. As Council may recall, Garnet was originally placed
in Old Arroyo Grande as part of a rotating public art program in that community.
Description of Garnet
Garnet is a one in a series of works by artist Kate Britton that was inspired by a fellow artist's
fight with breast cancer. It explores the abstract female form. The sculpture is cast in bronze
with hand-dimpled finish and weathered patina, measuring 6 feet tall, 5'8" wide at the girth and
weighing 1800 pounds. (Attachment 1)
5-1
Council Agenda Report—Garnet
Page 2
The proposed pedestal for the sculpture is a 40-in square, 2-foot tall, concrete base with a
sandblast finish topped with a 26-inch square, 6-inch tall, copper cap. (Attachment 2) The
resulting height of the sculpture once installed will be 8 feet.
The proposed location for Garnet is within a planter on City-owned property, located between
Higuera Street and the Higuera/Nipomo parking lot,just south of Rudolph's Coffee and Tea Co.
The sculpture will be placed in an existing planter within the City's public right-of-way.
(Attachment 3) While the proposed site plan identifies locations for three new lights, the artist
recommends no lighting, at least initially, as she does not believe it will enhance the presentation
of the sculpture. In addition, the Public Works Department has concerns with vandalism of this
type of lighting due to its accessibility. There is adjacent overhead lighting in the City parking
lot and on Higuera Street, so the site is not in total darkness. Vegetation within the planter is
proposed to remain the same and would be enhanced with additional plantings of jasmine in the
areas that are currently barren. In-field consultation between the contractor who installs the
pedestal and Public Works officials will address any modifications that need to be made to the
irrigation system, although preliminary review indicates that none is needed. The trash
receptacles, currently located immediately in front of the planter are proposed to be relocated in
the vicinity. Staff is, working with the newspaper vendors to relocate the newspaper racks.
(Attachment 3)
Approval Process
The Art Jury. In accordance with City policy, an art jury, consisting of a member of the Arts
Council, an artist, an architect, a local businessperson from the vicinity of the proposed location,
and an art patron, reviewed the piece on January 29, 2002. They reviewed the artwork for
appropriateness of scale, form and design, as well as its relationship to the historical identity of
the neighborhood. The jury also evaluated materials for longevity and safety and the artist's
experience. The work received unanimous support with comments such as "work of great
merit", "love the piece – excellent", "appropriate location", `very strong", "excellent, brilliant,
would add so much to the area and cultural development of SLO". The jury then recommended
that the piece be forwarded to the ARC for the next phase of the process.
ARC Review. On April 15, 2002, the ARC evaluated the proposal using the established
Guidelines for Public Art. Commissioners called the sculpture "touching, gorgeous, emotional."
Finding that Garnet met the criteria for public art, the Commission unanimously approved the
project. (Attachment 4)
Installation
The value of Garnet has been estimated at $50,000. Due to the nature of the generous donation,
staff is requesting authorization to install the piece at the expense of the City. This includes
contracting for the concrete and copper base, transporting and mounting Garnet, replanting the
area, and holding a dedicatory ceremony.
5-2-
Council Agenda Report—Garnet
Page 3
FISCAL IMPACT
Preliminary estimates for installation include the following:
Installation of concrete and copper base $2000.00
Cost of transportation and mounting of Garnet $ 600.00
Replanting area $ 100.00
Plaque and dedication ceremony $ 225.00
TOTAL $2925.00
Staff is recommending that Public Art In-Lieu Fees be used for the installation of the project.
Per Ordinance No. 1372, Public Art In-Lieu Fees "shall be used for the acquisition, installation,
and improvement of public art in the City" and this project meets the installation criteria.
Currently there is a balance of$37,166 in this account.
ALTERNATIVES
1. Council could reject the donation of Garnet. Staff does not recommend this action
because the overwhelming approval received from both the jury and the ARC
indicates the public will appreciate and embrace the.piece.
2. Council could accept the piece, but require the artist and co-owner to pay for the cost
of installation. Staff does not recommend this action because of the value of Garnet
and the fact that she is being donated is a significant contribution to the City as it is..
ATTACHMENTS
1. Description of Garnet and Artist
2. Architectural drawing of base
3. Vicinity and site map
4. Public Art Guidelines, Minutes from ARC meeting
5. Resolution of Acceptance
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�TTAGHMENT 4
GUIDELINES FOR PUBLIC ART
I. Public artwork shall be original and of high artistic quality.
2. Public art shall be located within the public right-of-way, or shall otherwise be
easily visible or accessible from a public right-of-way
3. Interior locations for public art shall be freely open and accessible to the public.
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. 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
Historical Society,before approval by the jury.
6. Public art shall be integrated with the site, and include landscaping, lighting,
interpretive information and other amenities where appropriate.
7. Consideration shall be given to potential conflicts with present or future vegetation
or construction.
8. The design-and placement of public art shall not impede pedestrian or vehicle
traffic, or conflict with public or private easements.
9. Consideration shall be given to any public safety or public health concerns created
by the artwork.
10. 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.
11. Public art shall be securely installed.
12. A wide variety of artistic expression is encouraged. However, expressions of
profanity, vulgarity or obvious poor taste are inappropriate.
5 5-13
I I
ATTACHMENT" 4
DRAFT
SAN LUIS OBISPO
ARCHITECTUAL REVIEW COMMISSION
APRIL 15, 2002
ROLL CALL:
Present: Commrs. Allan Root, Michael Boudreau, Zeljka Howard, and Chairperson
Charles Stevenson.
Absent: Commrs. Rob Schultz, Mark Rawson, and Vice-Chair Jim Lopes.
Staff: Associate Planner Lynn Azevedo, Phil Dunsmore, and Recording
Secretary Irene Pierce..
PUBLIC COMMENTS:
There were no comments made from the public.
1. 640 Hiquera Street. ARC 31-02; Review of a new public art sculpture to be
placed on a public parcel in the downtown; C-C-H zone; City of San Luis Obispo,
applicant.
Associate Planner Lynn Azevedo presented the staff report recommending the
Commission find that the proposed artwork meets the City's Public Art Guidelines.
Kate Britton, 6027 Alta Mira Drive, felt that San Luis Obispo would be more accepting of
Garnet, which she felt is a beautiful sculpture. She thought it would be wonderful to
have her sitting downtown and felt the sculpture would be great for tourism and would
bring the art crowd down to this end of Higuera Street. She explained they would like to
put a tiered copper top on top of the base.
Chairperson Stevenson asked how tall the base would be.
Ms. Britton replied 2-feet with 6-inches on top.
Chairperson Stevenson asked if there would be lighting.
Ms. Britton replied that she would like to place the sculpture first and then determine if
lighting would be necessary. She noted it is very hard to light a sculpture.
Commr. Boudreau asked if it was her recommendation for the 2-foot dimension for the
pedestal.
Ms. Britton replied that this height was determined to be best after much discussion so
people would be able to touch it. She noted that when it was in Arroyo Grande, it was
too high.
Commr. Boudreau asked if it could be lowered further. 5_14
f i
Draft ARC Minutes (excerpt) ATTACH.MFEN T (�
April 15,2002
Page 2
Ms. Britton replied it is lower than originally proposed, and they are going to keep the
greenery around it , which will hopefully prevent graffiti.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Commr. Root expressed how wonderful it would be to have this piece in San Luis
Obispo, and felt lighting would be important. He suggested waiting until the sculpture is
placed, then determine if some provision could be made to possibly add appropriate
lighting at a later date.
Commr. Boudreau suggested that it be as low as possible so it just rises up above the
height of the greenery.
Commr. Howard stated that it is very touching.
Chairperson Stevenson commented that a piece of art is needed in that location, and he
likes the sculpture.
Commr. Root moved that they find that "Garnet' meets the criteria for public art and
allow its installation. Seconded by Commr. Howard.
AYES: Commr. Root, Howard, Boudreau, and Chairperson Stevenson.
NOES: None.
ABSENT: Commrs. Rawson, Schultz, and Vice-Chair Lopes..
ABSTAIN: None.
The motion carried 4-0.
5-15
ATTACHMENT
Resolution No. (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO
ACCEPTING THE DONATION OF PUBLIC ART SCULPTURE "GARNET"
WHEREAS, pursuant to receipt of Public Art Application for Privately Funded
Art on City-Owned Property, Exhibit A attached herein, artist Kate Britton and co-owner
Diane Blakeslee have offered to donate the sculpture "Garnet" to the City of San Luis
Obispo; and
WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached
herein, all donations exceeding $5,000 shall be accepted through a written agreement
consistent with these guidelines and approved by City Council; and
WHEREAS, "Garnet" is appraised at $50,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby accepts the public art sculpture, "Garnet' subject to the terms and
conditions of Exhibits A and B.
Upon motion of Council Member seconded by Council
Member , and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this_day of , 2002.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
✓.,dree`ffjrey G. or? en ity Attorney
5-16
A - -
PUBLIC ART APPLICATION (No Fee)
PRIVATELY FUNDED ART ON CITY-OWNED PROPERTY
(t6�z �P;sn ";;�Ya9,
ri't,t
Mo
CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781-7151
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/ ONOR: Name, address, phone#) �(71Uh ;"ZO/A7,G'�
a�rF-r Clues. S
Got dl ;bra 4jwt Slit bus 0/1)00 / CQ 9 1 7Q%.; `J3,
TITLE OF WORK:
DESCRIPTION OF WORK: (The form must be accompanied by drawings, models, photographs or
any other graphic depiction which will help more clearly define the artwork.)
Sb71C ��� ' Mali /.1
MATERIALS/SIZE:
PROPOSED LOCATION: (For inside or outside installation)
,qA1 A197
_ t
AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC
ARTWORK:
5-17
PUBLIC ART APPLICATION (No Fee)
PRIVATELY FUNDED ART ON CITY-OWNED PROPERTY
�rFrt y,4. }:fit
Mao CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805)781-7151
By signing this Application below and in consideration for participating in the City's Privately
Funded Art on City-Owned Property program, the artist/owner hereby acknowledges and
waives, pursuant to California Civil Code Section 987(g)(3), any rights and duties created by
the California Art Preservation Act codified at California Civil Code Section 987 et seq., 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.
have read, understand and accept the terms of this Application and represent that I am4he
ayterand ar&rt of the artwork which is ft suajec of this Application.
(owner, artist, or owner and artist)
Date: �— `7 — o v
ign ure
A= r -
(Print Name)
I have read unders an nd accept the terms of this Application and represent that I am the
Qom/ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date: 7/ y — d L
(Signature)
Diane Blakeslee
(Print Name)
5-18
►-h 1� b
RESOLUTION NO. 8965 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A CITY DONATION ACCEPTANCE POLICY
WHEREAS, individuals, community groups, and businesses may wish to make
donations to the City in either cash or in-kind contributions that enhance projects, facilities, and
programs; and
WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to
fund all such needed projects; and
WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to
enhance City programs and/or facilities to provide a higher level of service to the public.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the following policy concerning the acceptance of donations:
1. The donation must have a purpose consistent with City goals and objectives
2. The City may decline any donation without comment or cause.
3. The donation will not be in conflict with any provision of the law.
4. The donation will be aesthetically acceptable to the City.
5. The donation will not add to the City's workload unless it provides a net benefit to the
City.
6. The donation will not bring hidden costs such as starting a program the City would be
unwilling to fund when the donation was exhausted.
7. The donation places no restriction on the City, unless agreed to by the City Council.
8. The donation shall become property of the City.
9. All donations will receive recognition appropriate to the level and nature of the donation
as determined by the City. For those of a capital nature, that may be in the form of
signage, marking, or naming. Any naming of Parks and Recreation facilities shall be
consistent with City policy on the naming of such facilities as set forth in Resolution
8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to
appropriately honor the donor for their contribution to the community. The appearance of
traditional commercial advertising shall be avoided.
10. Donations exceeding $5,000 shall be accepted through a written agreement consistent
with these guidelines and approved by the City Council. In-kind capital donations will be
subject to normal City review, permitting, inspection, and insurance requirements.
Upon motion of Council Member Marx seconded by Council Member Ewan, and on the
5-19 tc 8965
Resolution No. 8965 (1999 Series)
Page 2
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September, 1999.
Mayor Allen Settle
ATTEST:
r
1
Lee Pnce, City Clerk
APPROVED AS TO FORM:
Jeffre ore 9Attorney
5-20
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f�0 G FIRE CHIEF
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❑ UTIL DIR
❑ 0-HR DIR
May 5, 2002
San Luis Obispo City Council
990 Palm St.
San Luis Obispo, CA 93401
Dear City Council,
In regard to the "Garnet" sculpture I am totally against
the placement of the sculpture in San Luis Obispo.
I can sympathize with any one who has had cancer of any
kind but I feel this art is revolting, ( I had a mastectomy
17 years ago) . Any cancer is frightening but a reminder
on a sculpture down town?
Sincerely, (.c/
Carolyn Wright
515 Lawrence Dr.
San Luis Obispo, CA 93401
RECEIVED
I' MAY 0 7 2002
I SLO CITY COUNCIL