HomeMy WebLinkAbout01/19/2010, B 1 - APPROVAL OF PROPOSED 2009-11 PUBLIC ART PROJECTS AND ACCEPTANCE OF PUBLIC ART PIECE ""OH GREAT SPIRI" council. M flue Dvbo
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CITY O F SAN LUIS OBISPO
FROM: Betsy Kiser, Parks and Recreation
Prepared By: Shannon Bates, Recreation Manager
SUBJECT: APPROVAL OF PROPOSED 2009-11 PUBLIC ART PROJECTS AND
ACCEPTANCE OF PUBLIC ART PIECE "OH GREAT SPIRIT"
RECOMMENDATION
1. As recommended by the Capital Improvement Plan Review Committee, approve specific
public art projects for funding through the 2009-11 Financial Plan.
2. As recommended by the Public Art Jury and the Architectural Review Commission (ARC),
adopt a resolution accepting the donation of the public art piece Oh Great Spirit for
installation on the open space at Higuera Street and Prado Road.
DISCUSSION
Public Art Program
In 1990, the City Council established and funded a Visual Arts in Public Places program. The
Council determined that 1% of the estimated construction costs of eligible projects in the City's
Capital Improvement Plan Program (CIP) should be set aside for public art. The Public Art
Program was further enhanced in 2000 with the adoption of the City's Public Art in Private
Development program which requires property owners and developers to incorporate a piece(s)
of art in new developments or substantially improved developments in the City, or pay a public
art in-lieu fee. The minimum cost of the public art, including installation, is an amount equal to
one-half of one percent of construction costs in excess of$100,000, up to $50,000 maximum fee.
As set forth in the City's Budget and Fiscal Policies, CIP projects are evaluated during the
budget process for conformance with the City's public art policy. While it is generally preferable
that public art be incorporated directly into a project, this is not practical or desirable for all
projects, especially small projects or those with limited visibility. To ensure that funds are
adequately budgeted for this purpose, regardless of whether public art is directly incorporated
into the project, funds for public art are identified separately in the CIP (see Attachment 1) .
Based on the funding amount established under this approach, the CIP Review Committee makes
recommendations, following Financial Plan adoption, for the allocation of this amount by the
Council for specific public art projects.
This process has been used since the inception of the Visual'Arts in Public Places program and
has worked well for defining how much the City will set aside each year for public art. During
lean years (2003-05, 2005-07 and now again for 2009-11), Council temporarily reduced the
percent for public art from 1%to 3/4% to 1/2% respectively to assist with balancing the budget.
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2009-11 Public Art Projects & Oh Great Spirit Donation Page 2
In November 2009, the CIP Review Committee met to discuss proposed projects and identified
several uses for public art funds for Council approval based on the following criteria:
1. Project has high public visibility and use. This is especially the case, for gateways and high
pedestrian use areas.
2. Project should lend itself to the inclusion of public art.
3. Except in limited circumstances, public art is generally not appropriate in landscaped
medians due to traffic concerns. On one hand, if the work is significant enough to attract
driver attention, it may also result in driver inattention. On the other hand, if it is subtle
enough not to have this problem, it probably won't meet the criteria for high visibility.
4. Project should be public art ready, meaning the project should be nearing the design phase
at near or under construction and will be completed within the two-year CII'.
5. The number of projects should be limited in order to focus staff efforts and result in
meaningful pieces of public art.
A summary of funding sources is provided in the Fiscal Impact section.
Proposed 2009-11 Public Art Projects
For FY 2009-11, between the General Fund contributions and the funding available in the in-lieu
account, $275,500 is available for public art projects ($290,900 is available including donations).
Based on the above criteria, the CIP Review Committee recommends the following projects for
Council approval:
1. Meadow Park Community Garden ($55,400). Community Gardens across the country
have been shown to improve quality of life, provide a catalyst for neighborhood and
community development, stimulate social interaction and beautify
neighborhoods. Community gardens have also become a popular place for public art; the
garden niches, winding pathways and quiet spots for reflection provide endless
opportunities for art such as: sculptures, mosaics, iron works; mobiles or more functional
art such as benches,bird baths, or reflection gazing balls. The CIP Review Committee felt
that the new Rotary Community Gardens at Meadow Park offer an ideal opportunity for a
public art project. Of the $55,400 recommended for this project, $15,400 was recently
bequeathed to the City by the late Cydney Holcomb and her family and friends
specifically for public art. The Community Garden piece will honor Cyd's contributions
to the City during her lifetime, which tirelessly focused on the beautification and safety of
our neighborhoods.
2. 9-11 Memorial at Dispatch Center ($70,000). In November, Fire Chief John Callahan
submitted a request on behalf of the City of San Luis Obispo to receive a piece of the
World Trade Center (WTC) steel that was recovered from the site after the September
11`h attacks in 2001. The Port Authority of New Jersey and New York, as well as the
September 11`h Families Association are part of this effort to distribute steel to
organizations interested in creating memorials. This is an opportunity to create a lasting
memorial honoring the lives of the 2,973 people lost as well as educating future
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2009-11 Public Art Projects & Oh Great Spirit Donation Page 3
generations about the events of September 11, 2001. The intent is for artistic elements to
be used to showcase the steel in addition to lighting, installation and interpretive
information. Pairing the WTC steel with public art allows for a unique and moving
collaboration that will result in a memorable piece of art. In addition, the new Dispatch
Center seems to provide a fitting and relative setting for such a memorial.
3. Installation of Oh Great Spirit ($10,000). If accepted as recommended below, the donated
sculpture Oh Great Spirit will require funding for installation, lightning and landscape
plan and interpretative plaque as conditioned by the Architecture Review Commission
(ARC). Full discussion follows below.
4. Maintenance ($15,000). During the 2005-07 Financial Plan process, Council approved an
annual allocation of$15,000 to be used for maintenance of the City's current public art
collection.
There remains $140,500 in public art funding yet to be allocated. Staff is presently evaluating
opportunities for an allocation in tandem with the Downtown Beautification and Enhancement
Goal, which will be reviewed by Council at the Mid-Year Budget Review on February 23, 2010.
For example, our Downtown presently has a number of unattractive utility/traffic control boxes at
various high visibility intersections that are in desperate need of enhancement. The Downtown
Association (DA) is familiar with a creative program in the City of Ventura and others popping up
all over the country that have tied a public art strategy to convert these "eye sores" into a form of
public art. Staff is consulting with the DA and may be able to provide a recommendation for art in
the downtown with the February 23 report.
Other opportunities include the integration of public art at the Santa Rosa Skate Park. As
recommended at the community forums and by the design team staff, a designated space for public
art has been identified and is included in the final design for the park. The CIP Review Committee
supported public art funding for the skate park and will provide a recommendation for public art
with the report authorizing staff to bid the Skate Park project.
Approval of public art piece: Oh Great Spirit
Backeround. In 2000, 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.
In December 2008, the Ernst family approached the City with a donation of the sculpture Oh
Great Spirit (see Attachment 2). Per the public art policy, all pieces of donated art are juried. In
May 2009, a public art jury reviewed the merits of the piece and recommended acceptance by the
City. The next step in the approval process was the review and subsequent approval of Oh Great
Spirit by the Architectural Review Commission(ARC)which took place on December 7, 2009.
Proiect Description. Oh Great Spirit is a 11 foot tall cast bronze sculpture of a Native American
with a weathered patina. Nationally renowned bronze sculptor, Nell Banister Scruggs, describes
�B 1 -3
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2009-11 Public Art Projects & Oh Great.Spirit Donation Page 4
the piece as honoring the sensitive connections between people, plants, medicine and health that
Native Americans first discovered.
The donated sculpture is proposed to be installed on the City-owned property located on the
southwestem corner of South Higuera Street and Prado Road (see Attachment 3). The sculpture
will be installed with an engineered footing that is anchored to a concrete pad located
approximately 30 feet back from the South Higuera sidewalk. As shown in the photo rendering
(see Attachment 4) the sculpture would have a natural backdrop of plants and trees in the
adjacent creek corridor. Lighting will consist of three ground-mounted lights that are positioned
to illuminate the sculpture at night.
Public Art Jury Review. A public art jury consisting of Craig Kincaid (Parks and Recreation
Commission), Jim Trask (Artist), Allen Root (Artist), Peaches Olson (original property owner),
Christy Hamari (Art in Public Places Committee) and Lauren Bandari (Arts Council) convened
on May 22, 2009 to judge the merits of the proposal using the Guidelines for Public Art. The
jury evaluated the projects for:
1. Artistic excellence.
2. Appropriateness of scale, form, material, content and design relative to the environment.
3. Relationship to the social, cultural and historical identity of the building.
4. Appropriateness of materials relative to structural and surface integrity, protection against
theft, vandalism, public safety and weathering.
5. Ease of maintenance.
6. Appropriateness of proposed method of installation of artwork, and safety and structural
factors involved in installation.
The jury unanimously recommended Oh Great Spirit for acceptance, describing the piece as
"sophisticated and stunning", "having extraordinary craftsmanship", and "very impressive."
ARC Review. On December 7, 2009, staff presented Oh Great Spirit to the ARC for discussion
and approval. Using the Guidelines for Public Art, the ARC found that the artwork meets the
criteria for public art and recommended its approval to the City Council, based on findings and
subject to conditions (see Attachment 5). The Commission added the following two conditions:
1. A plaque providing information about the artist and the piece shall be installed near the
sculpture. The narrative provided on the plaque shall be a collaborative effort with input
from the artist, the City, and the Chumash Tribal Council.
2. A landscaping plan shall be submitted along with plans for a building pernut which
shows proposed improvements such as a pathway around the piece and includes
supplemental planting to highlight the piece that is naturalistic and takes advantage of the
site's riparian backdrop.
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2009-11 Public Art Projects& Oh Great Spirit Donation Page 5
CONCURRENCES
The proposed public art projects for 2009-11 were developed and recommended by the CIP review
Committee. The Public Art Jury and the ARC also reviewed Oh Great Spirit and recommended
that the piece be approved for the open space at Higuera Street and Prado Road. The Chumash
Tribal Council has been involved in the review and has given approval of the piece subject to
signage with language agreed upon by staff and the tribal council.
FISCAL IMPACT
At one time, $10,000 was programmed for public art in conjunction with the Little Theater
Sidewalk Replacement project. However, Public Works staff found that the public art did not
easily fit into the construction contract; the limited funding available for this project did not allow
for the contractor to work with an artist. In addition, staff was concerned about the close proximity
to an existing public art piece and viability for the two pieces to work together cohesively. City
Manager approval in September 2009 allowed for the re-programming of the funds for 2009-11
public art projects. Therefore, the CIP allocation for public art, the Public Art In-Lieu fees
(private development), the re-programmed funds from the Little Theater Sidewalk project and the
Holcomb Trust donation provide a total of $290,900 for public art projects in 2009-11. The
following table outlines the recommended projects and funding source(s):
Project Funding In-Lieu 09-11 CIP Sidewalk, Holcomb Project Total
Community Garden 8,200 31,800 15,400 55,400
9-11 Memorial 70,000 70,000
Oh Great Spirit 10,000 10,000
Maintenenace 15,000 15,000
Reserve 140,500 140,500
Fund Total 1 233,7001 31,9001 10,0001 15,4001 290,900
ALTERNATIVES
1. Council could redistribute funds among other projects, allocating more funding than
recommended for one project and less for another or could recommend other locations for
public art.
2. Council could delete one or more of the projects from the recommended list and redistribute
funds among remaining projects. The current recommendation reflects staff's intent to meet
the public art criteria and acquire quality pieces of art for the scale needed for the location.
3. Reject the piece Oh Great Spirit. This is not recommended based upon the concurrences
identified above. Should Council choose this alternative it would need to provide staff with
direction for finding a new home for the piece.
ATTACHMENTS
1. 2009-11 Public Art CIP
2. Letter of donation from Ernst family
3. Vicinity and Site Map for Oh Great Spirit
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2009-11 Public Art Projects & Oh Great Spirit Donation Page 6
4. Description and rendering of Oh Great Spirit
5. ARC Findings and Conditions
6. Resolution of Acceptance for Oh Great Spirit
T:\Council Agenda ReportsTarks&'Recreation CARTublic Art\09-11 CAR#2.doc
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CULTURAL : SOCIAL SERVICES
PUBLIC ART
Sewer Lateral Replacement at Police Annex 25,000
HVACDucting Replacement in Police Station Records Area 36,000
Police Station Parking Int Maintenance 82 0p0
Police Station Fuderior Painting 48,000
Police Station Interior Painting 32,000
Fire Station.1 Shower Stalls and Flooring Replacement 50,000
Street Reconstruction,Resurfacing and Sealing 1,875,000 1,400,000 1,980,000 2,060,000
Downtown and Ceteway Paving 200,000 500,000
TrafScSafety Report Implementation 25,000 25,000 25,000 25,000
Neighborhood Traffic Management 20AW 20,000 20,000 20,000
GLardrail Lmprovements 60,000
Prado Read Bridge Deck Maintenance 150,000
Street Sign Maintenance 60,000 60,000 60,000
Traffic Signal Reconstruction 258,80D
Street light Painting 50,000 75,000 25,000
Downtown Pedestrian Lighting 70,000 70000
Street Light Replacement:Broad Street 60,000
Sidewalk Repair 20,000 20,000 20,000 20,000
Sidewalk Accessibility Improvements 135,000 200,000 250,000 250,000
Mission Style Sidewalks 25,OW 25,000 25,000 75,000
Comprehens ive Directional Sign Program 5Q,0W
Bicycle Facility Improvements 25,000 25,000
25,000 25,000
330,000
Andrews Check Bypass Channel
Silt Removal 125,000 90,000 I35,000 225.000
Corrugated Metal Pipe StounDrain Replacements 2.60,000 260,000 260,000 260,000
Minor StormDrain Facilities 25,000 25,000 25,000 25,000
Storm Drain Calvert Repairs 150,000 50,000
Marsh Street Bridge Rehabilitation 461500
Johnson Pump Station Pump Replacement 140,000
Broad Street Creek Bank Stabilization 35,000
Toro Street CkekBank Stabtlization 50000
Playground Equipment Replacement 308,600
Sicsheirner Park MasterPlan Imlementation 215,000
Laguna Lake Park Master Plan Inmple ientation 83,500
Luidwick Center HVAC Dacting and Bconomizer 52,000
Exterior Painting:Ltdwick and Senior Centers 90,000
FAcrior Painting:Parks and Recreation Building 20,000
Damon-Garcia Melds Maintenance an
64,000
Meadow Park Roof Replacement 40,000
Mission Plaza Walkway Replacement 65,000
Warden Bridge Deck Rehabilitation 45,000
Poinsettia Creek Walk 95.000
Parks PavementMaitttenancc 300,000
Jack House Restroom Building Remodel 195,000
Sinsheimer Stair Replacement 80,000
Downtown Urban Forest Management 25,000 25,000 25,000 25,000
01yrrpic Pool Rcplastering 165,000
Rcplace T-Bar Ceiling 24,200
Replace Bath House Roof 62DW
Res troom replacement:Golf Course 220,000
Jack Housc Fire Sprinldcrs 43,000
Jack Housc Gazebo and Concrete Walkways 80000
Sealing FuderiorMasonry at City County Muscum 15,000
Corporation Yard Fuel island Rehabilitation 35,000
Corporation Yard Transfer Pit GovcrStmcture 230ODD
City Hall Fxerior Painting30,000
TOW1 3,098,000 3,215 000 4 3 00 4,904 00
Public Art OS% S15,700 516100 $24,200 1 524400 ---
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ERNST AND MAMSON
A LAW CORPORATION
DON A.ERNsT 1020 Palm Street CHuusroPF-m D.EDGINGTGN
RAYMOND E.MATnsON P. O. BOX 1327 NIGELA.WHITEHEAD
San Luis Obispo, CA 93406 TERRY J.KILPATRicx
FOUNDED 1980 Tel: (805)541-0300
Fax: (805) 541-5168
December 30, 2008
Ms. Shannon Bates
Parks and Recreation Department
1341 Nipomo Street
City of San Luis Obispo, CA 93401
RE: Gift of Oh Great Spirit to the City of San Luis Obispo
Dear Ms. Shannon Bates.
As I have discussed with you, Betsy Kiser and others, it is my pleasure to donate as of this date to
the City of San Luis Obispo the Bronze, I P tali statue of a.Native American entitled"Oh Great
Spirit,"created by Nell Scruggs and commissioned by me last year. The statute is currently
being stored at Genesis Bronze in Paso Robles, CA and is available for immediate placement.
Photos are attached.
Sincerely,
Don Ernst E' -
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Nell Banister Scruggs
Nell was born in the mountains of western North Carolina and has been pursuing her
love of art all her life. Her first work was in oils and pastels and her subjects ranged from
seascapes to portraits.
Nell spent years in art classes,studying with the Hal Reed(Who's Who in American
Art),learning anatomy,perspective, composition and color. "One day he handed each of
us a piece of clay, and mine quickly turned into a beautiful head. My clay figures
evolved seemingly without effort. I knew I had found my medium."
Nell went on to study with western sculptors Elie Hazak and Grant Speed,both
recognized as Cowboy Artists of America, and later with world-renowned figurative
sculptor Bruno Lucchesi of Italy. She has also taken watercolor classes from Ann Vasilik
in North Carolina.
"I try to show the feelings we all can appreciate or relate to: the tenderness of a
mother toward her child;the power and energy of a wild horse; the grace of a ballerina;
the toughness of a weary cowboy or the spirit of a Native American Indian."
Nell has exhibited her work with the Golden State Sculptors Association; Loveland,
Colorado's.Sculpture Invitational; and Summerville, South Carolina's Sculpture in the
South; Art After Dark, San Luis Obispo;Jack House and Gardens, San Luis Obispo;
Civic Arts Plaza,Thousand Oaks, California.
Nell's work has also been exhibited in galleries in Palm Desert, Laguna Beach,Morro
Bay and Cambria, California; Portland, Oregon Provincetown,Massachusetts; .
Jacksonville,Florida; Santa Fe,New Mexico; and her home town of Asheville,North
Carolina.
Nell's sculptures can be viewed at www.mcdanielreportin .com/gallM.html. Her
piece entitled"Oh Great Spirit"has been enlarged by Genesis Bronze in Paso Robles to
13 feet tall and she would be willing to transport and show the piece at next year's
Cattlemen's Western Art Show and Sale, should she be accepted as an artist.
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Community Development Department•919 Palm Street, San Luis Obispo,CA 93401-3218
December 9, 2009
Shannon Bates
City of San Luis Obispo
Parks and Recreation Department
1341 Nipomo Street
San Luis Obispo, CA 93401
SUBJECT: ARCPA 99-09: 3400 S. Higuera Street
Review of a new sculpture to be installed at the City-owned property
Dear Shannon,
The Architectural Review Commission, at its meeting of December 7, 2009, found that
the sculpture proposed to be installed on City property located at the southwest comer
of South Higuera Street and Prado Road meets the criteria for public art and
recommended that the City Council approve the project, based on the following findings,
and subject to the following conditions:.
Findings
1. The proposed artwork is consistent with the City's Guidelines for Public Art, as
stated in the City's Public Art Manual, Appendix C.
2. The Art Jury approved the artwork design on May 22, 2009.
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 sculpture shall be installed in full conformance with the plans reviewed and
approved by the ARC and stamped with Community Development Department
approval. A building permit shall be obtained prior to installation of the sculpture.
2. Along with plans submitted for a building permit, appropriate low-level lighting shall
be reviewed and approved by the Community Development Department to ensure
that the sculpture is properly illuminated for public viewing but that glare or light
spillage is not created that might create traffic conflicts.
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. BTelecommunications Device for the Deal(805)781441o. / — 15
ATTIAMARIT-5
ARCPA 99-09(3400 S.Higuera Street)
Page 2
3. Final installation details shall be included as parts of building permit plans to the
review and approval of the Community Development Director.
4. The structural elements of the artwork shall be reviewed by the City Engineering
Division to verify structural integrity prior to the issuance of the building permit.
5. The City 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.
6. The City of San Luis Obispo shall assume full responsibility and liability for the
piece once approved, installed, and completed.
7. A plaque providing information about the artist and the piece shall be installed near
the sculpture. The narrative provided on the plaque shall be a collaborative effort
with input from the artist, the City, and the Chumash Tribal Council.
8. A landscaping plan shall be submitted along with plans for a building permit which
shows proposed improvements such as a pathway around the piece and includes
supplemental planting to highlight the piece that is naturalistic and takes advantage
of the site's riparian backdrop.
The decision of the Commission is final unless appealed to the City Council within 10 days
of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are
available in the City Clerk's office or on the Citys website (www.slocity.org). The fee for
filing an appeal is $250 and must accompany the appeal documentation.
While the City's water allocation regulations are in effect, the Architectural Review
Commission's approval expires after three years if construction has not started, unless
the Commission designated a different time period. On request, the Community
Development Director may grant a single, one-year extension.
If you have any questions, please contact me at 781-7168.
Sincerely,
t
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la Ricci, P
Senior Planner
cc: County of SLO Assessor's Office
e�erulnn�nir EXHIBIT--A.,
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PUBLIC ART APPLICATION (No Fee)
PRIVATELY FUNDED ART ON CITY-OWNED PROPERTY
l
Lftmmmla.ima
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/DONOR: (Name, address, phone#) • Y d L: pl j
.�Nflko b6YV )54k5y 5W-56/9 3o86 .E, is acK yj%/s C
_6653Q crA.Ar S.s[�l Ce IJAy 3 ktEs7�kE v��6, CA crJ36a
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.)
rd' A i x �rd�S 6renz.,, t _4�
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MATERIALS/SIZE:
x
PROPOSED LOCATION: (For inside or outside installation)
AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC
ARTWORK:
ATTAC H M" iTsaHIBR_PUBLIC ART ART APPLICATION (No Fee)
PRIVATELY FUNDED ART ON CITY-OWNED PROPERTY
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 artistlowner 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.
I have read, understand and accept the terms of this Application and represent that I am the
®"A,21 � of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date:
(Sign
7a
(Pri t Name)
1 have read,-un�1 erstand and accept the terms of this Application and represent that I am the
a'ry7of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date:
(Signature)
NCL.L_ S,c p a C. S .
(Print Name)
AQC+HMEr EXHIBIT_
I For What It's Worth $
hoqueline D.Marie PO Box 852 Morro Bay,Ca.93443 TdTax(805)772-9648 Certified Persona!Property Appraiser
January 5,2008
Dear Mr.Ernst;
As per your authorization I have inspected,evaluated, researched,and appraised the following item,the
property of
Don A.Ernst
5882 Salisbury Way
San Luis Obispo, California 93401
This appraisal was done to determine the current fair market value for the purpose of a noncash charitable
contribution,to be accompanied by an 8283 IRS form. The value set reflects the fair market value in the current
market.The market place would be a fine art gallery,or private party sale. The methods used to determine the
fair market value are actual prices paid, and comparable sales results. I inspected and photographed the
appraised item on July 23,2008. The effective date of this appraisal is December 30, 2008.
In accordance with my implied fiduciary responsibility to both client and public,I have no present or
contemplated future interest in the item described(see certification statement).
This document comprises a(1)item inventory,(2)pages of photos depicting the appraised item, biographical
information,appraisers statement, fair market value statement, 8283 IRS form,and a professional profile. The
value of the item to be donated is$90,000.00. It is my opinion the value given represents fair market value;
however,no responsibility,either financial or legal, is assumed.
1. Sculpture—A lost wax process bronze statue, "Oh Great Spirit"depicting an American Indian brave with his
hands reaching up to.the sky, 12' 6"tall x 42" at base, classic bronze patina,weight 780 pounds,c. 2007. 13y
award winning artist Nell Bannister Scruggs of Thousand Oaks, California.Excellent condition.
Value: $90,000.00
Note:Photographs and biographical information provided within this appraisal for further identification of the
appraised item.
The following reference material was used for research in this appraisal:
Genesis Bronze,foundry owner John Kemple
Mark Greenaway,sculptor @ 805-466-7076
Carolina Bronze Sculpture—Web site
Nell Bannister Scruggs on line sculpture gallery
Coeur d'Alene Art Auction—Web site
Sincerely,
Jacqueline D.Marie, AA, MCA
USPAP Certified Appraiser
US IRS#77-0338332
IIQ
ATTACHM" 1T6 EXHIBIT
Section 760
DONATION POLICY
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
WIiEREAS, 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 Citys 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
745-1
E)( ��U
ATTACHMENT / EXHIBIT :/
Donation Policy
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'
Lee Price, City Clerk
APPROVED AS TO FORM:
Jc17f`r0r74
C' Attorney
745-2
T, �!T
Resolution No. (2010 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO
ACCEPTING THE DONATION OF PUBLIC ART SCULPTURE "OH GREAT
SPIRIT"
WHEREAS, pursuant to receipt of Public Art Application for Privately Funded
Art on City-Owned Property, Exhibit A attached herein, owner Don Ernst has offered to
donate the sculpture "Oh Great Spirit"to the City of San Luis Obispo; and
WHEREAS, subject to Resolution No. 8965 (1999 Series), Exhibit B attached
hereto, all donations exceeding $5,000 shall be accepted through a written agreement
consistent with these guidelines and approved by City Council; and
WHEREAS, "Oh Great Spirit"is appraised at $90,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby accepts the public art sculpture, "Oh Great Spirit" 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 , 2010.
Mayor Dave Romero
ATTEST:
Elaina Cano, City Clerk
APPROVED AS TO FORM:
stine Ack,'CC y Attorney