HomeMy WebLinkAbout12/06/2005, C5 - RELOCATION OF PUBLIC ART BENCHES co�anat °°°
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CITY OF SAN LUIS OBI .SPO
FROM: Wendy George, ACAO
Prepared By: Betsy Kiser, Principal Administrative Analyst
SUBJECT: RELOCATION OF PUBLIC ART BENCHES
CAO RECOMMENDATION
1. Approve relocating the public art benches known as Community's Bridge from Higuera
Street to the plaza at 1050 Monterey Street, adjacent to the "old" County_ Government
Center.
2. Approve the indemnification and maintenance agreement between the County of San Luis
Obispo and the City for maintenance and liability of the benches in the new location and
authorize the Mayor to execute the agreement..
3. Accept the offer from San Luis Obispo Court Street to purchase, install and.donate a new
piece of public art valued at $15,000 for the Higuera Street location, subject to.
completion of the City's approval process for donated public art.
DISCUSSION:
Backeround
Community's Bridge is a set of six benches approved on July 18, 2000 as the public art
component for the Higuera Bridge repair capital improvement project. (Attachment 1) The
work, created by artist Allen Root, was selected by an art jury and subsequently approved by the
Architectural Review Commission (ARC) and City Council per the Visual Arts in Public Places
process. The sculptural benches were selected for a number of reasons, but particularly because
they responded to the Request for Proposal (RFP) asking that the artwork reflect the "character
and atmosphere of the downtown" and "consider incorporating the work into the streetscape
either by way of work imbedded into the sidewalk, street, a part of the street fixtures, such as
benches, lighting, drinking fountains, or in any way that would be appropriate."
As described by the artist in his proposalcover letter, the seating surfaces represented the creek
meandering between the mountains and the City, much the same as San Luis Creek flowing
beneath the site. The benches were painted in muted green, blue, cream and brown, again
representing the various elements in the area, with the color blue chosen as the unifying element
to portray water's importance in all of our lives. Location, function and relationship to the
surroundings were interwoven to create the final project design, and as such, were integral
components leading to the selection of Community's Bridge as the public art piece for the
Higuera Bridge project.
Community's Bridge was subsequently fabricated and installed on Higuera Street in front of what
is now known as San Luis Obispo Court Street, but at the time was the Court Street parking lot.
Relocation of Public Art Benches Page 2
Prior to the start of the Court Street development, the benches were removed by the developer
and placed in storage for reinstallation'upon completion of the project. However, in July 2005,
the City Council received a letter from Mark Rawson on behalf of Court Street developer Tom
Copeland seeking approval to relocate Community's Bridge from Higuera Street in front of the
Court Street project to Mitchell Park. Citing the following reasons, Mr. Rawson expressed a
willingness to absorb the costs associated with transporting and installing the benches in the new
location:
1. With the completion of the Court Street center, the benches are no longer appropriate for
the location.
2. The Court Street center includes numerous benches that provide plenty of seating.
3. Public art suitable to the look and ambience of Court Street will be a part of the project.
On September 9, 2005, City Council considered and denied the request by Mr. Rawson to
relocate the public art benches to Mitchell Park, concluding that the Mitchell Park location was
not an appropriate location. Instead; Council directed Mr. Rawson to pursue the feasibility of
better alternative locations and return to Council by December 31St with other proposed options.
The Council also directed San Luis Court Street to install new public art at the Higuera Street
location that would be more compatible with the Court Street project.
Current Situation
Mr. Rawson recently submitted a letter to the City identifying a possible relocation site for the
benches and agreeing to purchase, install and donate a substantial piece of public art to the City
for the Higuera Street location. (Attachment 2) Working with the artist, Mr. Rawson's
recommendation is for the benches to be installed in the plaza in front of, and adjacent to the
"old" County Government Center at 1050 Monterey Street, on the large concrete area directly
across the street from the Fremont Theatre..(Attachment 3) Both the artist and the developer felt
the proposed location offered features that were compatible with the Higuera Street location with
regard to location, function and relationship to the surroundings. Mr. Rawson discussed his idea
with City staff, who agreed that it could be an appropriate site, with appropriate confirmation
from the County, the ARC and City Council. Staff felt. that the design of the benches, being
somewhat art deco in appearance, would complement the design of the Fremont Theater and the
proposed plan for Monterey Plaza (Attachment 4). Based on that input, Mr. Rawson discussed
the relocation with David Edge, County Administrator, who responded via a letter indicating that
he believed "the Board of Supervisors would be willing to accommodate the request as long as
the City of San Luis Obispo would be willing to contract with the County to assume liability
associated with the benches." Because the benches are owned by the City, it seems reasonable to
assume not only liability, but maintenance responsibilities for the benches —which is.no different
than our responsibility for other benches. (Attachment 5)
To complete this project and ultimately return Community's Bridge to the community, the public
art process required the ARC to review the relocation site to determine that it meets the
Guidelines for Public Art for location only. All other public art criteria were met when the
original piece was reviewed by the public art jury and the ARC in 2000.
GAProjects&ProgamsTublic Art\Current Projects\Relocation of benches\CAR-Approval of bench relocation 12605.130C
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Relocation of Public Art Benches Page.3
Architectural.Review Commission Review
On November 21, 2005, the ARC was asked to review the proposed relocation site and find that
the site meets the City's Guidelines for Public Art in relation to location only, based on findings,
and subject to conditions. The ARC report (minus attachments) and meeting update can be
found as Attachment 6. After lengthy discussion and two official motions, the ARC split 3-3 on
approval of the relocation site. Three Commissioners liked the proposed relocation site and
agreed that the benches would add interest to the "otherwise bland pubic space." Three
Commissioners were concerned that the benches would constrain pedestrian movement
associated with public assemblies that periodically take place in the plaza. Since no majority
opinion was reached, staff assured the ARC that their comments and concerns would be
presented to Council as part of the discussion. (Attachment 6)
New Piece of Public An for the Higuera Street Location
At the September 9, 2005 Council meeting, the City Council qualified their permission to
relocate Community's Bridge with a requirement by the developer to replace the relocated art
With a piece more compatible with the Court Street Project. Staff subsequently wrote Mr.
Rawson a letter which stated the following: "Although the Council did not specifically determine
a value for the replacement art, considering the fact that the sidewalk on Higuera Street was
Widened with the specific intent of providing for a substantial piece of public art, staff believes
that the value of the work should be at least $15,000." (NOTE: The original cost of
Community's Bridge was $33,,700, and this value was used to as a point of reference in
determining a value for the new piece of public art.) Mr..Rawson and Mr. Copeland have agreed
to the request and will proceed using the City's Donation of Public Art process.
Large Flower.Pots
As Council is aware, about six months ago, the developers of the Court Street project placed
large planted pots on the sidewalk along Higuera Street in the area where Community's Bridge
previously existed. Whether or not these pots should be retained, exactly what plants should be
planted in the pots and just where the pots should be placed, if retained, will be addressed by the
ARC during the public art review process for the new piece of public art and subsequently
brought before Council for final approval. In the meantime, encroachment permits have been
obtained for the existing pots and locations.
CONCURRENCES
The developer received a confirmation letter from the County Administrator indicating the
County's willingness to accept the benches for the location proposed. Additionally, the San Luis
Obispo County Arts Council discussed the relocation site at their November meeting and
provided a letter of support for the Monterey Street location. (Attachment 7)
FISCAL IMPACT
There are no direct fiscal impacts associated with this action..
GAProjects&Progams\Public Art\Current ProjectA elocation of benches\CAR-Approval of bench relocation 12605.DOC
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Relocation tion of Public Art Benches Page 4
ALTERNATIVES
I; Conclude that the Monterey Street location is not appropriate and direct Mr. Rawson to
pursue the feasibility of better alternative locations, and return to Council with other
proposed options within two months. If this search for alternative sites is not productive,
then the art benches should he reinstalled in their original location on 11iguqra Street
within two months:
2. Conclude th that
-- - - the original location is the most appropriate and direct the developer to
reinstall the art.
ATTACHMENTS
1. Photos of Community's Bridge
,2. Letter from Mark Rawson dated November 21, 2005
3. Vicinity and Site Location Maps
4. Agreement with County
5. Monterey Plaza Conceptual Site Plan
6. ARC Report and Minute Update
7. Letter of Support from SLO Arts Council
GAProjects&PrograrnsTublic ArACurrent Projects\Rclocation of benches\CAR Approval of bench relocation 12605.DOC
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San-Luis Obispo Court Street, LLC
MACHMEW 2
P.O. Box 1085
San Luis Obispo, California 93406
(805) 593-0200
FAX#(805) 593-0109
November 21, 2005
Wendy George
Assistant City Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Re: Court Street Project—Higuera.Street Benches
Dear Wendy,
Thank-you for your follow up to the recent conversation We had regarding moving the benches
created by Alan Root to a new location near the County Court House. We do know that when the
Council agreed to the benches being moved,rather than returned to their original location, that
they did so With several qualifications. We have met these qualifications as follows.
• We have reviewed the proposed relocation to the Court House Plaza and received support
from the County;
• We agree to pay for the cost of installation at the new location;
• We will provide a.substantial piece of public art, *d take it through the City's process
for approval of donated public art. The value of the donated piece will be$15,000,00.
,000.00.
This new public art piece will be installed at the Higuera Street location and Will be
compatible with the Court,Street Project.
• Planning Staff has reviewed the proposed relocation and is recommending approval to the
Architectural Review Commission.
9 We've received a letter of support from Ann Ream, Chair of the Arts Council Art in
Public Places Conimittee;
We also look forward to the successful relocation of the benches and the installation of new
public art. As always,please feel free to contact me if you need any additional information or
have any questions.
Sin IYI
Mark Rawson, AIA
Copelands' Properties
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ATTACHMENT 4
INDEMNITY AGREEMENT
This Indemnity Agreement ("Agreement") is made this—day of 2005, by and
between the City of San Luis Obispo, a municipal corporation and Charter city ("City") and
the County of San Luis Obispo (the "County").
RECITALS
A. The County is the owner of certain real property located within the City of San Luis Obispo,
County of San Luis Obispo, California, generally described as the County Government
Center at 1050 Monterey Street (the "Property").
B. The City is the owner of certain works of public art, consisting of six (6) sculptured-public
benches, collectively entitled Community's Bridge.
C. The City has requested the County's permission to relocate Community's Bridge from City
property along Higuera Street in downtown San Luis Obispo to the plaza area adjacent to
the County's Property; and the County has agreed to permit the City to relocate
Community's Bridge onto County's Property, subject to agreement of the City to maintain
Community's Bridge and to hold the County harmless from and indemnify the County
against any liability arising from or relating to the placement or maintenance of
Community's Bridge upon the County's.Property.
AGREEMENT
NOW, THEREFORE, in consideration of the following mutual promises and agreements set
forth herein, City and County agree as follows:
1. INDEMNIFICATION.City, shall defend, indemnify, and save harmless County, its officers,
agents and employees, from any and all claims, demands,damages, costs, expenses, or any
liability arising out of this Agreement or attempted performance of the provisions hereof,
including but not limited to those predicated upon theories of violation of statute, ordinance,
or regulation, professional malpractice, negligence, or recklessness including negligent or
reckless operation of equipment, furnishing of defective or dangerous products or completed
operations,premises liability, liability arising from trespass or inverse condemnation,
violation of civil rights; and also including any adverse determination made by the Internal
Revenue Service or the State Franchise Tax Board with respect to City's "independent
contractor" or"City" status that would establish a liability for failure to make social security
and income tax withholding payments, or any act or omission to act, whether or not it be
willful, intentional or actively or passively negligent on the part of the City or its agents,
employees or other independent contractors in the chain of contractual privity with City;
providing further that the foregoing shall apply to any wrongful acts or any active or
passively negligent acts or omissions to act, committed jointly or concurrently by City or
City's agents, employees or other independent contractors. Nothing contained in the
foregoing indemnity provision shall be construed to require indemnification for claims;
demands, damages, cost, expenses,judgments,or attorney fees resulting solely from the
MACHMENT 4.
negligence or willful misconduct of the County.
2. INSURANCE_City shall obtain and deliver to the County and maintain for the entire term
of construction, installation and maintenance, a certified copy of each insurance policy, and
obtain County's approval of all such policies. Companies authorized to do business in the
State of California shall issue said policies. City shall maintain said insurance in force at all
times during construction, installation and maintenance. The following coverage with the
following features shall be provided:
i) Commercial General Liability Insurance: City shall maintain in full force
and effect for the period covered by this Agreement, commercial general liability insurance.
This insurance shall include, but shall not be limited to,comprehensive general and
automobile liability insurance providing protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to property resulting from
any act or occurrence arising out of City's operations in the performance of this Agreement,
including without limitation, acts involving vehicles. The policy shall provide not less than
single limit coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage in the total amount of One Million Dollars ($1,000;000).
The following endorsements must be attached to the policy:
(a) If the insurance policy covers on an "accident" basis,.it must be changed to.
"occurrence".
(b) The Liability policy must cover personal injury as well as bodily injury.
(c) Blanket contractual liability must be afforded and the policy must contain a
cross liability or severability of interest endorsement.
City may comply with this requirement by providing proof of self-insurance through the
California Joint Powers Insurance Authority with the same coverages and requirements as
set forth above.
ii) Workers' Compensation Insurance: In accordance with the provisions of
section 3700 et. Seq., of the California Labor Code, City is required to be insured against
liability for worker's compensation or to undertake self insurance. City agrees to comply
with such provisions before commencing the performance of this Agreement.
iii) Additional Insureds to.be Covered: The commercial liability policies shall
name the"County of San Luis Obispo, its officers, employees and agents" as additional
insureds. The policy shall provide that City's insurance will operate as primary insurance
and that no other insurance maintained by the County, or additional insured, will be called
upon to contribute to a loss hereunder.
iv) Certification of Coverage: Prior to commencing work under this
Agreement, City shall furnish County with the following for each insurance policy required
to be maintained by the Agreement..
(a) A copy of the Certificate of Insurance shall be provided. The certificate of
MACHU 4
insurance must include a certification that the policy will not be canceled or reduced in
coverage or changed in any other material aspect without thirty (30) days prior written
notice to County..
(b) A copy of City's Workers' Compensation policy need not be provided,
but a copy of proof of coverage does need to be provided.
(c) Upon further written request, City shall provide a copy of the entire
insurance policy and not just the "fact sheet" or proof of coverage..
(d) Approval of Insurance by County shall not relieve or decrease the extent
to which City may be held responsible for payment of damages resulting from City's
services or operations pursuant to this Agreement. Further, County's act of acceptance of an
insurance policy does not waive or relieve City's obligations to provide insurance coverage
required by the specific written provisions of this Agreement.
V) Effect of Failure or Refusal: If City fails or refuses to procure or maintain
the insurance required by the Agreement, or fails or refuses to furnish County with the
certifications required by subparagraph (d) above,.County shall have the right, at its option,
to forthwith terminate the Agreement for cause. If County contends that City has failed or
refused to provide insurance required under this Agreement, County shall notify City in
writing of its belief and shall provide City ten (10) business days in which to respond and or
supply evidence of insurance.
3. MAINTENANCE: City shall assume full responsibility for and bear the costs of ongoing
maintenance of Community's Bridge upon County's Property.
4. COUNTY RIGHT OF REMOVAL: County shall retain the right to remove or relocate, or
to demand that City remove or relocate Community's Bridge at City's expense where such
removal or relocation may be necessary to permit County to maintain, repair or complete
construction upon its Property. County agrees to provide City with as much advance notice
of its need to remove or relocate Community's Bridge as may be practicable under the
circumstances requiring the removal or relocation.
CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO
Dated: Dated:
By: - - By:
Attest: Attest:
City Clerk County Clerk
Approved as to Form: Approved as to Form:
City.Attorney County Counsel
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ATTACHMENT
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Meeting Update
P' A1rACHMENT L
ARCHITECTURAL REVIEW COMMISSION
November 21, 2005 Monday 5:00 p.m.
ROLL CALL: Commrs. Allen Root, Jim Lopes, David Smith, Greg Wilhelm, Charles
Stevenson, Vice-Chair Michael Boudreau, and Chairperson Zeljka
Howard
All of the Commissioners were present. Chairperson Howard left the meeting at 6.45.
Commr. Stevenson left the meeting after announcing that he would refrain from
participating in the discussion of Item No. 2.
ACCEPTANCE OF AGENDA:
The order of the agenda was not modified.
PUBLIC COMMENT:
There was no public comment other than on regular agenda items.
PUBLIC HEARINGS:
1: 1056-Monterey Street: ARC 199-05; Review the relocation of a public art project to
the plaza area in front of the County Government Center; PF-H zone; City of San
Luis Obispo Administration, applicant. (Pam Ricci)
Commr. .Root refrained from participation in the discussion of the item since he was the
artist for the project.
Two official motions were made regarding an action on the project, including denial of
the relocation and a continuance. Both of these motions received a second, but ended
up tied in a 3-3 vote. Because there was an insufficient quorum vote to either
recommend approval or denial of the requested relocation of the public art project,. the
Architectural Review Commission will transmit a report explaining the situation and
noting the summary comments of the individual Commissioners present These
comments are listed below:
Supportive of Relocation
Greg Wilhelm — He supported the relocation because it provided ample space .for the
installation of the benches without precluding pedestrian movement and it added
interest to an otherwise bland public space. He felt that the original location on Higuera
Street made the sidewalk feel cramped.
Dave Smith =He agreed with Commr. Wilhelm's comments that the benches were more
suitable at the County Government Center Plaza.
MACHMENT
Architectural Review Commission
11-21-05 Meeting Update
Page 2
Michael Boudreau — He felt that the new location was preferred. He thought that the
original location was not comfortable for people to sit and enjoy themselves because of
excess traffic noise.
Opposed to Relocation
Chuck Stevenson —He was opposed to the relocation pointing out that the plaza space
is actively used for special events. He thought that the benches were not an
appropriate design for the setting and inconsistent with the proposed master plan for
that section of Monterey Street. He suggested looking at an alternative location for
installation of the benches such as another park next to a creek or the Children's
Museum.
Zeljka Howard — She shared Commr. Stevenson's concems about the benches
impacting the use of the plaza space for public assemblies.
Jim Lopes — He pointed out that .the Courthouse gets a lot of foot traffic and was
concerned that the benches would constrain pedestrian movement. He brought up the
idea of modifying the colors of the benches to better fitin on Higuera Street next to the
Court Street project.- He also suggested that altemative locations near the Courthouse
could be considered such as the grass area on the south side of the plaza or the
sidewalk area to the north of the plaza.
2. 174 Suburban Road. ARC 177-05; Review of a 34,300 ± square foot shell
buildin - C-S=S zone; Cornerstone Development, applicant. (Phil Dunsmore)
On a 5-0-2 vot , the ARC granted final approval to the project, based on findings, and
subject to condi.* s and code requirements. The ARC liked the building architecture.
Their comments fo sed on roofing alternatives and breaking up the massing of the
stucco surfaces with c trol joints.
COMMENT& DISCUSSIO
3. Staff:
A. Agenda Forecast — Pam ci provided a forecast for the next two meeting
agendas.
4. Commission:
A. Minutes of November 7, 2005. The utes were approved with some minor
amendments.
B. Recent Project Review- Lessons Learned
Presenting Planners: Pam Ricci
ATTACHMENT L
CITY OF SAN LUIS OBISPO
ARCHITECTURAL REVIEW COMMISSION AGENDA REPORT ITEM#1
BY: Stephanie Skangos, CDD Intern MEETING DATE: November 21, 2005
FROM: Pam Ricci, Senior Planner pR
FILE NUMBER: ARC PA 199-05
PROJECT ADDRESS: 1050 Monterey Street
SUBJECT: Architectural Review of the relocation of the public art piece entitled "Community's
Bridge" to the San Luis Obispo County Government Center located at 1050 Monterey Street.
RECOMMENDATION:
Find that the proposed relocation site meets the City's Guidelines for Public Art in relation to
location only, based on findings, and subject to conditions.
BACKGROUND:
Situation
"Community's Bridge" is a series of six benches in different colors and forms that represent
significant physical.features in the city. It was the public art piece approved for the Higuera
Bridge repair capital improvement project. The benches were installed in the expanded sidewalk
area of Higuera Street. between Mb's and the Osos Street intersection. The adjacent site,
formerly a City parking lot, had now been developed into the Court Street project. After
completion of the project, the original plan was to reinstall "Community's Bridge" to its original
location on Higuera Street.
In July 2005, a letter was received by the City Council from Mark Rawson on behalf of Tom
Copeland, requesting .approval to relocate the public art to a new, suitable location. In
September 2005, City Council considered and denied a request by Mr. Rawson to relocate the
public art to Mitchell Park; he was advised to pursue alternative locations.
As an alternative, Mr. Rawson has submitted a proposal to relocate the benches to the open plaza
area in front of the County Government Center, across the street from the Fremont Theater. The
proposal to relocate the benches to the County plaza has been forwarded to the ARC to
determine if the location is consistent with the City's Public Art Policy. "Community's Bridge"
was approved by the ARC in July 2000; therefore, the Commission has already approved the
benches as public art. The ARC's purview now is to look at the appropriateness of the benches
being relocated to the County plaza.
Data Summary
Address: 1050 Monterey Street
Applicant: City of San Luis Obispo
Representative: Betsy Kiser
Zoning: PF-H
General Plan: Public.Facility
CS^ � �
ARC PA 199-05, 1050 Montei, trees
Page 2 ATTA n��lMEN'
Site Description
The San _Luis Obispo County Government Center is located across from the Fremont Theatre and
the recently constructed Government Center on the southwest comer of Santa Rosa and
Monterey Streets. The County Government Center is surrounded by Monterey Street to the
north,Palm Street to the south, Santa Rosa to the east, and Osos Street to the west.
The proposed site for the relocation of "Community's Bridge" lies directly across from the
Fremont Theatre on Monterey Street, adjacent to the main entrance of the County Court House.
It has been proposed that the art. piece, six benches, be placed in the small plaza located
approximately in the center of Monterey Street between Santa Rosa and Osos Streets. The six
benches will be placed in a semi-circle/arc figure facing the existing courtyard trees on the site
(see Attachment 2).
Proiect Description
"Community's Bridge" is a set of six benches approved on July 18, 2000 as the public art
component for the Higuera Bridge repair capital improvement project. The work, created by
artist Allen Root, was selected by an art jury and subsequently approved by the Architectural
Review Commission and City Council per the Visuals Arts in Public Places process. This piece
was approved for various reasons, including the fact that it tied in well with the original location.
The seating surfaces of the benches represent the creek meandering between the mountains and
the City,.much the same as San Luis Creek flowing beneath the original site, as described in the
artist's original proposal letter (see Attachment 3). The six benches will be oriented within the
plaza to represent the natural flow of the creek, as well as to orient pedestrian circulation within
and around the area (see Attachment 4). The materials used for the benches are sturdy and.
require minimal maintenance. The artist utilized colors representative of the creek and its natural
elements. "Community's Bridge" is representational of the natural aspects underlying
Downtown San Luis Obispo (see Attachment 5).
EVALUATION
"Community's Bridge" was approved as an appropriate public art piece by the ARC in July 2000
in accordance with City Policy. The present matter before the ARC is the relocation of the
benches to the County Government Center at 1050 Monterey Street. City staff has
recommended that the ARC review the proposed site of relocation before the proposal is
forwarded to the City Council for final approval. A memo from Betsy Kiser, Principal
Administrative Analyst, is attached which describes some additional information regarding the
proposed location,including support from County Administrator David Edge with the caveat that
the City assume maintenance and liability responsibilities for the benches (Attachment 6).
The City's Public Art. Policy designates the ARC to evaluate the proposal for very specific .
criteria. Staff has provided statements (in italics) identifying whether the proposal to relocate the
benches meets the criteria, which the Commission can adopt or modify as desired.
1
ARC PA 199-05, 1050 Montero, street AIMACHMENT
Page 3
1. Publicly funded 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. When privately
funded, art shall be clearly visible in an area open and freely available to the general
public on a consistent basis,or public accessibility shall be provided in an equivalent
manner based on the characteristics of the artwork or its placement on the site..
The art piece is proposed to be located within the County Government Center plaza,
which lies in front of the building along Monterey Street. This location is highly visible
from both sides of Monterey Street adjacent to the Government Center. The art piece will
be fully accessible to the public as it lies within a public plaza area, allowing for direct
and indirect public use of the art pieces. The pieces are therefore both easily visible and
accessible from a public right-of-way.
2. Interior locations for public art-shall be freely open and accessible to the public.
The art piece would be located in an exterior plaza..
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.
The location of the benches fit the character and scale of the site and the adjacent
building. The materials and colors of the benches are compatible with the architecture in
the vicinity. Location of the benches in the plaza is appropriate to the context of the
area, which is currently empty except for a few small trees. The benches would not
impact the existing vegetation.
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.
The pieces were originally approved as public art particularly because they responded to
the Request for Proposal (RFP) asking that the artwork reflect the "character and
atmosphere of the downtown." Within the new location, the pieces continue to display
these representational aspects. Furthermore, the designs of the benches help to connect
the area with both its natural and historical components, such as the bench whose form is
representational of the Fremont Theater, which is located directly across the street. The
natural essence of the art pieces will help provide the area with a sense of historical and
present context of the City of San Luis Obispo, thus becoming fully integrated with the
site.
5. The design and placement of public art shall not impede pedestrian or vehicle
traffic, or conflict with public or private easements.
Impediment of vehicle traffic is not a concern as the benches will be located in a public
plaza away from the roadway itself. However, impediment of pedestrian traffic through
the plaza poses a potential concern. The area is currently utilized by a large number of
pedestrians who freely walk within the plaza area. Installation of the art pieces will force
pedestrians to circulate around them. As shown in the proposed site plan, the siting and
�v
ARC PA 199-05, 1050 Monter, 6treet
ATIACHMENT
Page 4
spacing of the benches allow for unimpeded pedestrian circulation (Attachment 4).
Condition 2 is recommended for the final installation details to be reviewed by the
Community Development Director to insure that pedestrian circulation is not
compromised:
6. Consideration shall begiven to any public safety or public health concerns created
by the artwork.
No impacts to the public safety or health are anticipated with the installation of the
benches.
7. Public art shall be.integrated with the site and/or building, and include landscaping,
lighting,interpretive information and other amenities where appropriate.
The art piece will be articulated so as to accentuate the County Government Center
plaza. The six benches will provide the area with additional seating and will create a
welcoming atmosphere. Existing lighting in the area is sufficient for clear visibility and
accessibility of the benches during evening and night hours.
8. Public art shall be securely installed.
Each piece will be bolted in place and securely installed within the plaza.
Community Design Guidelines
Chapter 6.4 of the Design. Guidelines discusses the procedural criteria for the selection and
placement of public art. As proposed, the location site is consistent with the guidelines.
Public Art.Manual
Part One of the Public Art Manual discusses the maintenance and repair responsibilities of the
City for city-funded public art. The proposed project conditions dictate the maintenance
requirements as discussed in the manual.
ALTERNATIVES
1. Determine that the proposed site for relocation of the public art piece is inconsistent with the
City's Community Design Guidelines or the City's Public Art Policy, based on findings, and
require that the benches be reinstalled in their original location along Higuera Street.
2. Continue action with direction to the applicant and staff if more information is necessary in
order to render a decision.
RECOMMENDATION
Find that the relocation site for the public art piece entitled "Community's Bridge" meets the
criteria for public art and approve the installation location subject to the following findings and
conditions:
ARC PA 199-05, 1050 Monter., street AT[ACHMENT t
Page 5
Findings:
I. The proposed location is consistent with Architectural Review Commission Public Art
Criteria as stated in the City's Public Art Manual, Appendix C. Like the original location
on Higuera Street, the new site at the County Government Center plaza is near San Luis
Obispo Creek and is directly across the street from the Fremont Theater, which is
represented by one of the benches.
2. The ARC approved the art piece in June 2000. (File No. ARC 65-00)
3. The public art application complies with the standards set forth in the Community Design
Guidelines.
4. The project is categorically exempt from environmental review (CEQA Guidelines, Section
15311).
Conditions-
1. The art piece shall be installed at the relocation site in accordance with the written concept
illustration and location site plans included within the attached exhibits.
2.. Final installation details shall be to the review and approval of the Community
Development Director. Plans shall clearly show how pedestrian circulation around and
within the plaza will be accommodated so as not toimpede such circulation nor create
safety issues.
3. The all piece shall be properly dedicated after installation is complete as mandated in the
City's Public Art Manual.
4. The City's Public Works Department is responsible for providing all maintenance
necessary to preserve the public art in good condition; and to protect it against physical
defacement, mutilation, or alteration. Maintenance shall also include securing and
maintaining fire and extended coverage insurance and vandalism coverage, as appropriate.
Prior to installation of the art, the Public Art Coordinator and the artist shall complete a
Maintenance Record Form.
5. The City of San Luis Obispo shall assume full responsibility and liability for-the piece once
approved and installed..
6. City-funded public art may not be removed, altered, or relocated without secure approval of
the City Council.
ATTAC S
1. Vicinity ap
2. Location 'te plan
San Luis Obispo County Arts Council ATTACHMENT#
P.O. Box 1710 570 Higuera St., Ste. 175
San Luis Obispo, CA 93406 San Luis Obispo, CA 93401
Phone: 805-544-9251 Email: office@sloartscouncil.org
Fax: 805-544-1522 Web: www.sloartscouncil.org
Our Mission: To Advance the Arts in San Luis Obispo County!
November 2005
San Luis Obispo Mayor and City Council
990 Palm St.
San Luis Obispo, CA 93401
From: San Luis Obispo County Arts Council's Art in Public Places Committee
Re: "Community's Bridge"
cc. Betsy Kiser
Copeland Properties
Honorable Mayor Romero and City Council,
The Arts Council's Art in Public Places Committee supports the moving of Allen Root's
"Community's Bridge"from Higuera St. to Monterey St.
The APP Committee has given careful study to this precedent-setting issue. We have met with
all the parties involved and have concluded that this move will maintain the integrity and
intention of this important artwork. In addition, we would strongly recommend replacing this
work, in this space,with another piece. One of the tenets of a successful public art program is
never to leave a space vacant where once existed a piece of public art.
We appreciate and highly commend you and the developer for the careful and sensitive thought
and consideration given to this issue. Thank you.
Sincerely
Ann Ream, Chair
Arts Council Art in Public Places Committee
Board of Directors
Shelley McConnell-President,Toni Bowman-Vim-President,Steve Bland-Secretary,Jeri Carroll-Treasurer,John Barnhart,Allan Cooper,
Walter Millar,Jack Mothershed,Lynn Kishiyama,Steven DuLuque,Ann Ream
III�II��������►������ �������
counat memoizanbum
qty (kin Luuis oBispo, AL)—minist—Ra-ti—o-n'---------------
MEETING AGENDA
DATE: December 5, 2005 RECEIVED DATE4*jTEM #
PFr 0 5 2005
TO: City Council SLO CITY CLERK
VIA: Ken Hampjan, CAO
OCOUNCILl CDD DIP
FRAM: CAO
Betsy Kiser; Principal Administrative Analyst .MACAO FIN DIP
J5 ATtORNEY a FIRE CHIEF
SUBJECT: RELOCATION OF PUBLIC ART BENCHES 1;;CLER 2�PW DIP
K�ORIG a POLICE CHI:
0 DEPT HEADS
DISCUSSION POLICE
DIP
laLITIL DIR
HR DIP
Additional Input from Architectural Review Commission Members
Since preparation of the agenda report for the December 6t'Council. meeting, staff.has received
separate correspondence from Architectural Review Commissioners (ARC) James Lopes and
Chuck Stevenson regarding the ARC's review of the public art bench relocation item. The first
attachment provides a series of emails between City staff in which Mr. Lopes clarifies comments
made by himself and others at the ARC meeting of November 2151 on the appropriateness of the
proposed bench relocation site. In one of his emails, Mr. Lopes also asks for clarification as to
why an item, upon which the ARC's vote was tied, is proceeding to Council rather than being
considered denied. (This second issue is addressed below.)
The second attachment is from Mr. Stevenson and presents additional comments on the
discussion which occurred at the ARC meeting.
Why.is This Item Coming to Council When the ARC Did Not Approve the Recommendation
In response to Mr. Lopes question (identified above), the, City Attorney has reviewed the
circumstances involved and has determined the following-
A tie vote constitutes no action, which has the effect of a denial since a majority vote is
required to approve an action. There is no automatic appeal to the Council.
In this case, the City Council specifically directed that
t alternative locations to the
Mitchell Park relocation site proposal be returned to the Council before De'cember 3 1.
Mr. Rawson proposed the County plaza site and.sought ARC approval before presenting
it to Council. While the ARC did not approve the proposed relocation site, the Council is
still expecting a report on an altemative to the Mitchell Park location. That is Why the
item is before the Council on,December 6.
COUNCIL MEMO 120605
Council Memorandum—Public Art Bench Relocation
December 5, 2005
Page 2
Letter from Judge Duffy
On Friday, December 2°d, staff also received a letter from Judge Michael Duffy regarding
placement of the benches at the proposed site. (Although the letter was forwarded to City
Council under separate cover, it has been included as Attachment 3 for Council's convenience.)
In his letter, Judge Duffy expressed his serious concern for the proposed relocation site, stating
both significant security concerns and issues relative to content - "the material, shapes, and
colors would appear out of place and would detract from the serious nature of our legal
proceedings."
Response from David.EdQe. County Administrator
In discussing this latest correspondence from Judge Duffy with County Administrator David
Edge, Mr. Edge verbally indicated that he would not be able to support the placement of the art
in the proposed relocation site to the Board of Supervisors unless the Courts supported it.
Staff Recommendation
In light of the additional input received on this item, especially from Judge Duffy and David
Edge, staff is no longer able to support the CAO Recommendation provided in the agenda report.
Rather, staff recommends that Council approve either Alternative 1 or 2 instead. These
altematives read as follows:
1. Conclude that the Monterey Street location is not appropriate and direct Mr. Rawson to
pursue the feasibility of better alternative locations, and return to Council with other
proposed options within two months. If this search for alternative sites is not productive,
then the art benches should be reinstalled in their original location on Higuera Street
within two months.
2. Conclude that the original location is the most appropriate and direct the developer to
reinstall the art.
Attachments
Attachment 1 —Correspondence from Mr..Lopes
Attachment 2—Correspondence from Mr. Stevenson
Attachment 3 —Correspondence from Judge Duffy
Cc: George
Stanwyk
Ricci
David.Edge, County Administrator
George Rosenberger, General Services
GAProjects&Programs\Public Art\Current Projects\Relocation of benches\COUNCIL MEMO 120605.doc
ATTACHMENT 1
"Pam Ricci"
<PRICCI @slocitv:o
rg> To
<mainails@aol.com>,
12/01/2005 02:25 <mtbdesign@Aol.com>,
PM <zhoward @ calbolv.edu>,
<gwilheimarcitect Q charter.het>,
<cstevenson @ co.slo.ca.us>,
<ilopes 9 co.slo.ca.us>,
<allen @ferromobius.com>
cc
"Betsy Kiser" <BKiser@slocity.org>;
"Ron Whisenand"
<RW HISENA @ slocitv.org>
Subject,
Relocation Of Root Benches to 1050
Monterey Street (ARC 199-05)
The ARC has asked staff to keep you apprised when projects that you have
reviewed are going to the City Council, either on appeal or through the
course of project review. One such case is an item that you reviewed at
your last meeting on November 21st dealing with the relocation of the
public art project known as "Community's Bridge". This item is on the
Council's next agenda for Tuesday, December 6th.
You may review the entire agenda report prepared by Betsy Kiser, Principal
Administrative Analyst by going to the City's website at sloctiy.org. From-
the
romthe main page, select "Agendas" on the left-hand side; then "City Council";
and finally "Consent 5". I've also attached the Meeting Update from the
ARC's 1121-05 meeting. This was prepared by me and reviewed by Betsy
Kiser who was also at the meeting before it was attached to the Council
report.
We can discuss the report or attachments as part of the Commission
discussion at the end of Monday night's ARC meeting if there are any
questions.
(See attached file: 11-21-05.doc)
MACHMENT 1
>>> <ilopes@co.slo.ca.us> 12/02/05 09:13AM >>>
Pam, Betsy and Ron,
I'm concerned about the rush to present this to the Council. I notice that the
comments from myself and others are not represented fully with some critical
points. For me,.1 stated that the benches are not consistent.with the architecture
of buildings around the plaza, and they will take up strategic space that is used for
small and large events; they will interfere with the congregation of people at these
events. I noted that Wayne Hall, the Court Executive Officer, is concerned that
they will reflect poorly on the dignity of the court.
Chuck mentioned that the benches are not necessary and will infringe on the
space devoted to other existing benches. A critical point was that the space in the
plaza is likely to be "free" for other public art, and a more compact piece that is
related'to the design of the plaza would be preferable and very possible.
Greg stated that the benches would bring a degree of modernity from the new
County administrative building to this side of the street, and reflect the Fremont
Theater. He liked this concept of adding a different, more contemporary design
element to the plaza.
I think public comments should be included in Notes. George Rosenberger,
Assistant Director of County General Services, stated that the plaza is registered
for use for events at least a dozen times a year, and more events are held without
registration. These events are press conferences, demonstrations and rallies.
For a complete record, it seems the notes should quote the motions and who
made them; often the reason stated in the motion clearly indicates the main topic
of concern.
I would appreciate it if attention were paid to these comments in the reportto the
Council, since they are the most important talking points we had. I'm copying
Chuck for verification, but not further due to Brown Act. If you wish to send this to
other commissioners for checking, please do.
Thank you for giving us an opportunity to learn of the report.
Jim
Jim Lopes, AICP
Planner III
Department of Planning and Building
County of San Luis Obispo
San Luis Obispo, CA 93408
ph. 805/781-5975
fax 805/781-5624
email: ilopes@co.slo.ca.us
"Wendy George"
zWGEORGE@slocity.
org> To
<ilooes @ co.slo.ca.us>
12/0272005 12:00 cc
PM "Betsy Kiser" <BKiser@slocitv.org>,
"Ken Hampian"
<KHAMPIAN.@slocity.orq>, "Pam Ricci"
<PRICCI@slocitv.orp>, "Ron
Whisenand <RWHISENA@slocitv.org>
Subject
Re: Relocation Of Root Benches to
1050 Monterey Street (ARC
199-05)
Jim,
Betsy Kiser has forwarded your e-mail on to me, in which you express further
concerns about the placement of Allen Root's "Community Bridge" in the plaza
outside the old County Government Building. As noted in Pam Ricci's e-mail, this
item is on the Council.Agenda for December 6, and the agenda report has already
been distributed at this time, including the meeting update notes from the
November 21, 2005, ARC meetings you discuss in your a=mail. At this point, we
will not be changing those notes to reflect your comments:
However, Pam also indicated in her e-mail that the ARC may discuss the Council
agenda report or meeting notes at your next ARC meeting on December
5. Any additional comments from the ARC would be forwarded to the Council
prior to the Council meeting. Additionally, we will forward your e-mail to the
Council so that they are fully advised of your concerns.
Thank you for taking the time to provide your additional thoughts..
Wendy George
Assistant.City Administrator
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
(805) 781-7112
(805) 781=7109 (fax)
wgeorge@slocity.org
ATTACHMENT 9
>>> <jlopes@co.slo.ca.us> 12/02/05 01:53PM >>>
Hi Wendy,
My comments are not "additional" thoughts; they are the complete and most
important comments made by ARC members, and they are missing in the Notes
about the meeting. So I'm afraid that the presentation of facts to the Council is
incomplete. It would be unwarranted to ask them to make a decision based on
incomplete information. I suggest that the item be continued to a later date before
which they can be given a more accurate report of the most pertinent comments,
the public input and the basis of the motion.
I do have some additional comments, though. There is a question I have about
the notion that the tie vote was "no action" that constitutes a referral to City
Council rather than a denial. A recent tie vote by the Tree Committee has been
interpreted by the City Attorney as "no action" with the effect of a denial, with no
referral to City Council. f have asked the attorney for a comparison between these
two interpretations, and the basis in city rules. Either there are different rules for
the commissions, or one set that is being interpreted differently. I think it would be
fair to resolve this before the Council considers the matter as well.
Lastly, it is preferable that the Council have the same public hearing setting for
comments as did the ARC, so the applicant and public have the same opportunity
for input as previously. The issues are not any simpler at the Council than they
were at the ARC, and the Consent Agenda is to me a place for matters that are
not controversial or needing any or much discussion. This matter had neither of
these characteristics at the ARC. It would seem consistent to schedule the item for
a hearing at the Council.
Regards,
Jim
Jim Lopes, AICP
Planner III
Department of Planning and Building
County of'San Luis Obispo
San Luis Obispo, CA 93408
ph. 805/781-5975
fax 805/781-5624
email: dopes@co.slo.ca.us
Betsy Kiser- Public Art Benches at the r-•�rthouse Plaza Page 1
- ATTACHMN2
From: <cstevenson@co.slo.ca.us>
To: <bkiser@slocity.org>, <pricci@slocity.org>
Date: 12/2/05 1:060M
Subject: Public Art Benches at the Courthouse Plaza
Dear Betsy and Pam,
Thank you for sending me a copy of the staff report going to the Council on
December 6th. I realize the ARC minutes are short and are intended to
only highlight comments by commissioners, but the comments attributed to me
were only a few of the reasons I brought up in opposition to putting the
art benches at this location. I feel the staff report, or at least staff
comments, should include the following points discussed at our ARC meeting
for the Council meeting because they more fully present the issues. I am
also troubled that this is a consent agenda item not up for discussion
unless pulled. f appreciate the effort in trying to find a place to put
this art, but I.must join with two other of my colleagues on the ARC in
opposition putting this art work in the Courthouse plaza area for the
following reasons:
1. The plaza area isnot that large and is constrained in area by
planters and steps. There is a lot of pedestrian activity and regular
civic events. This number of art pieces (six)would make it difficult or
perhaps not even,possible for larger events from occurring there by
severely restricting or preventing vehicles, canopies, stands and other
event-related equipment typically set up for events in the space.
2. These need for more seating is clearly not necessary and detracts
from full use of the plaza. Presently there is ample seating in the form
of low concrete planters with comfortably wide tile coping. This seating
can already accommodate a large number of people and more is simply
unnecessary and will detract from efficient use of the area.
3. Perhaps the County's interest-in allowing the art on County owned
land was due to there being no charge to the County for it. However,the
use of the Courthouse plaza for City art, though on land owned by the
County, could be a part of the City's Art in Public Places program wherein
no charge to the County would occur:The County could make available an.
appropriate space in the plaza as a location for public art that could be
designed specifically to the County s desire and to the space and setting
as the entrance to the County Courthouse. The art that results might be
something that reflected a more precise relationship to the County history
or in relation to its present use as the County Courthouse. Similar to the
current proposal,the County would not need to pay for the art or the
maintenance because it would be owned and maintained by the City. This is
because the Courthouse is in downtown SLO and the City would likely be
supportive in using the plaza area for art. The possible use of County
owned land for the City's Art in Public Places was confirmed in a
conversation I had with Betsy Kiser
4. As many know,the bench's appearance have drawn not-so-favorable
comments since they were installed on Higuera Street. As the ARC Chairman
during that time, I received many comments from citizens who felt they were
garish and Toon Town like in appearance and inappropriate for.the downtown.
This is perhaps why the Copelands and their architect don't want it in
front of their stores. The staff report even says that the owner doesn't
Betsy Kiser- Public Art Benches at the r rthouse Plaza Pagee,-
ATTACHMEN2
feel the _art is appropriate with,their building design, and that there is
enough benches in their project.These are the same reasons it why these
six pieces of art would not be appropriate in the Courthouse plaza. In
addition, this artwork would detract from the dignified look and function
of the County Courthouse.
5. Because of its more playful looking appearance and abstract.depiction
of creek and mountain, a more appropriate location might:be in Santa Rosa
Park near the creek, Cuesta Park near,the creek or in one of many other
city or neighborhood parks with adjacent creeks.
Best.regards,
Chuck Stevenson
CC: <dhossli@co.slo.ca.us>
ATTACHMENT 3
' RECEIVED
SUPERIOR COURT nFC 0 2 2005
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO SLO CITY CLERt{
all. DEPARTMENT ONE —
y„
O
�4 raaM�
MICHAEL L.DUFFY COURTHOUSE ANNEX
PRESIDING JUDGE RED FILE ROOM 3s5
MEETING AGENDA SAN LUIS OBISPO,CA 93408
(805)781-5420
December 1, 2005 DATE110 ITEM # (f
David Edge, County Administrator
County Administrative Office
San Luis Obispo, CA 93408
Ken Hampian, City.Administrative Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
Dear Mr. Edge and Mr. Hampian:
On December 6, 2005, the San Luis Obispo City Council will be considering an item on their meeting agenda
concerning the relocation of public.art benches. The Judges of the Superior Court have reviewed the City's staff
report and have serious concerns about the proposal.
Most importantly, the Judges believe that placement of the public art benches pose a significant security-risk.to
the Court: The proposed location is at the exposed face of the courthouse where entry screening will be taking
place and courtroom corridor lobbies are visible. Sheriffs security staff prefers as clear a view as possible of
trajectory locations. Courthouse public assembly areas are best kept uncluttered so citizens, employees, and
security staff can maximize personal and organizational security measures and minimize danger zones.
Additionally, while we understand the Subjective nature of art appreciation, the Judges believe this particular art
detracts from the dignified image which we strive to portray of the Court. The material, shapes, and colors
would appear out of place and would detract from the serious nature of our legal proceedings.
It matters a great deal to the owners and proprietors of the Court Street Building what the outside of their
building says to those who will enter. The same is true of the Judges of the Superior Court. The Superior Court
is adamantly opposed to the proposal to place these public art benches in front of the Courthouse.
S//�'f'Cely,
MICHAEL L,.DUFFY 9 COUNCIL z CDD DIR
Presiding Judge of the Superior Court 1$CAO Ge FIN DIR
®ACAO. IE FIRE CHIEF
®ATTORNEY R. PW DIR
e San Luis Obispo City Council 0 CLERK/ORIG �: POLICE CHF
San Luis Obispo County Board of Supervisors 11 DEPT HEADS F; REC DIR
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RECEIVED
�o erryeA5 San Luis Obispo Court Street,-LLCDEC 0 6 2005
( COUNCIL V CDD DIP, P.O.Box 1085
Q CAO FIN DIR. San Luis Obispo,California 93406 SLO CITY CLERK
0 ACAO Q FIRE CHIEF
aATTORNEY ;DPW DIP (805)593-0200
2 CLERIVOPIo a POLICE CHF FAX#(805)593-0109 RED FILE
❑ DEPT HeAps r.?REc DIR MEETING AGENDA
p 'r:6un♦ G UTIL DIP December 6,2005
Z) Prb - Z'HR DIR DATER 6'0S ITEM # C S
Re: Court Street Project—.Higuera Street Benches
Dear Mayor Dave Romero and members of the City Council,
As you are aware,we have been working with staff since our last meeting to develop the
proposal for relocating the benches to the area in fiont of the County Courthouse.However,we
have just recently been made aware that this location is no longer desirable for reasons beyond
our control.
At the last council meeting where the bench relocation proposal was presented,various other
locations were also discussed We have also had a subsequent discussion with Paul LeSage,
Director of Parks and Recreation, about the possibility of looting the benches in Emerson Park.
Paul and I met on site and discussed the possibility of locating the benches to this park.Paul also
shared with me the ideas for film improvements at the park,which included a new volleyball
court and other improvements.No fiuther discussion regarding this location took place,because
we felt the courthouse location was the preferred location.
At this time we would like to ask the council for additional time to continue this discussion so
that we may redun with a new proposal.We are also willing to pursue any other possibilities
which may be presenter As before,we are still proposing to fiord another piece of public at to
replace the one at Court Street In addition we will look into the possibility of contnbutmg
towards the possible park improvements and volleyball court
We therefore respectfully ask that the City Council give direction to staff to work with the ARC
to discuss this proposed relocation,and allow us to return with a revised proposal
Mark Rawson
;RECEIVED
RED FILE P
DEE 0 5 MEETING AGENDA rr
SLO_CITY CLERK DATE s ITEM # C6F°r'"'^9
p o box 288 son Us obispo, ca 93406
805 544 7960
12/2/05
Dear Mr. Mayor and Esteemed Council members,
I'm writing to you regarding the placement of Community's Bridge,
an issue before you today. I'm addressing you as the Artist and also
as a citizen of San Luis Obispo.
Community's Bridge was removed from it's Higuera-Street
sidewalk site prior to the construction of the Court Street Center. As
construction neared completion, a conversation developed
concerning the appropriateness of reinstalling the benches in their
original location. Several parties were concerned about the prospect
of large numbers of musicians occupying the benches and what.
effect this might have on pedestrians and the patrons of the newly
adjacent stores.
The project architect approached me several months ago with
these concerns. A campaign involving the Court Street Group, My
Team (Ferromobius), and representatives from the city was begun to
find a new home for the benches. We have looked at many sites
together during this process, some more promising than others, but
all have been rejected for one reason or another.
The proposal before you is to place Community's Bridge in the
plaza in front of the County Government Building. We feel this is by
far the best of the sites we have looked at. As the artists of the piece
we looked at each site with the criteria that it be near the creek so as
to maintain their contextual integrity and that they be placed where
they will be well used. This site satisfies both criteria while going well
beyond.
• The sculptural benches will provide a needed vibrant accent to
the rather staid plaza.
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• The plaza is large. The benches can be arranged so as to add
some interest to the pedestrian traffic flow not impede it.
• As they did in the original location, the benches will serve as an
icon and meeting place for people-:coming downtown.
• The benches can be employed as an interesting back drop for
the news reports, press conferences, rally's and gatherings that
already take place in the plaza
I understand that this item comes to your council from the ARC
with a split vote. It is my opinion that the arguments against placing
Community's Bridge in the plaza are weak at best. This proposal has
our enthusiastic support as well as the support of city staff, the
County's CA.O and County Supervisors. 'Being Public Art; the
citizens deserve to have these benches installed in a public location
where_ they will contribute to their setting and be well used. Please
grant your approval to this proposal and give Community's Bridge the
new home it deserves.
Sincerely,
4:��- 9215
Allen Root & ferromobius
RECEIVED
SUPERIOR COURT
STATE OF CALIFORNIA DEC 0 2 2005
�'4_g :�.•.'��a�
COUNTY OF SAN LUIS OBISPO SLO CITY CLERK
4a 9 DEPARTMENT ONE
o. •
MICHAEL L.DUFFY COURTHOUSE ANNEX
PRESIDINGJUDGE RED FILE LUIRooMS55
MEETING AGENDA-. SAN S OBISPO,CA 93408
t865�781-5420
CS
December 1, 2005 DATE L3 ITEM #
David Edge,County Administrator
County Administrative Office
San Luis Obispo;CA 93408
Ken Hampian,City Administrative_ Officer
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401-3249
Dear Mr. Edge and Mr. Hampian:
On December 6, 2005, the San Luis Obispo City Council will be considering an item on their meeting agenda
concerning the relocation of public art benches. The Judges of the Superior Court have reviewed the City's staff
report and have serious concerns about the proposal.
Most importantly, the Judges believe that placement of the public art benches pose a significant security risk to
the Court. The proposed location is at the exposed face of the courthouse where entry screening will be taking
place and courtroom corridor lobbies are visible. Sheriffs security staff prefers as clear a view as possible of
trajectory locations. Courthouse public assembly areas are best kept uncluttered so citizens, employees; and
security staff can maximize personal and organizational security measures and minimize danger zones.
Additionally,while we understand the subjective nature of art appreciation, the Judges believe this particular art
detracts from the dignified.image which we strive to portray of the Court. The material, shapes, and colors
would appear out of place and would detract from the serious nature of our legal proceedings.
It matters a great deal to the owners and proprietors of the Court Street Building what the outside of their
building says to those who will enter.. The same is true of the Judges of the Superior:Court. The Superior Court
is adamantly opposed to the proposal to place these public art benches in front of the Courthouse.
S <ely'
MICHAEL L. DUFFY Ca}COUNCIL Y CDD DIP
Presiding Judge of the Superior Court B CAO r* FIN DIP
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San_ Luis Obispo County Board of Supervisors 17 DEPT HEADS 9 REC DIR
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