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HomeMy WebLinkAbout05/01/1990, 8 - NEW CITYWIDE PUBLIC ART PROGRAM IIIIII J P MEETING DATE: ��►►H�i�� pi�ui� cityo san tins OBISPO S-1- 10 Hii�II�II�IIII% COUNCIL AGENDA REPORT ITEM NUMBER: 1.0 FROM: Arnold Jonas, 06munity Development Diras;;O�Pr€ d By: Jeff Hoo ssociate Planner APR 2 5 199J SUBJECT: New Citywide Public Art Program 5 vo Pm CITY COUNCIL L.Uis opia &A CAO RECOMMENDATION: Adopt the attached resolution creating a Visual Arts in Public Places program. REPORT-IN-BRIEF The program establishes: 1) goals and objectives, 2) a streamlined review process, 3) review guidelines, 4) criteria for matching grant funding, 5) a funding level of 1 percent of the total construction cost for new city capital projects, and 6) incentives for private installation of public art. The city's role in funding and promoting public art would be expanded, and the Arts Council would advise City staff and the Architectural Review Committee on public art, and be a liaison between the city, developers, and artists. BACKGROUND At its February 5th study session, councilmembers expressed general support for the program, and directed staff to: 1) streamline the review process; 2) focus the program on permanent, fixed artworks rather than performing arts; 3) set the percentage rate for public art funding at one percent; 4) initiate the percent for art program with public projects only, excluding public utilities; and 5) encourage private sector sponsorship of public art through incentives. The program has been revised as directed, and is i returning to Council for final adoption. j i The revised program includes several refinements which address staffing/time management concerns and allow the Council greater flexibility to exempt certain projects from the program. These are discussed under project changes, below. The program was developed by a 10-member ad hoc committee, composed of two members each from the Planning Commission, Architectural Review Commission, and Promotional Coordinating Committee; a SIA Arts Council member; and three citizens-at-large. The committee developed the program during a series of meetings held between April 1988 and September 1989. City commissions have held public hearings to review the program, and their comments are summarized below. The Arts Council has also reviewed the program, and its Board of Directors has endorsed the program and agreed to assist the city in its implementation (letter attached) . SIGNIFICANT IMPACTS The Community Development Director has determined that the project would have no significant environmental impacts, and has granted 9_) e MY or San WIS OBISp0 WRIMN COUNCIL AGENDA REPORT Staff Report Page 2 a negative declaration. Fiscal impacts of the program are: Current public art program funding: Matching Grant Funds, Fiscal Year 1989-91 $50, 000 Maintenance of public art 5, 000 Public brochure on program .3.500 Total 58,500 Projected Additional Funding: 1% For Art, City Projects, FY 1989-91 58, 000 .1% For Art, City Projects, FY 1991-93 103 .000 Total Public Art Funding $219,500 Funding for the program would come. primarily from the Capital Control Account of the Capital Outlay Fund. Funding could also come from park-in-lieu fees, grants, donations, and other sources in addition to the Capital Outlay Fund. Program costs would be spread over a 4-year budget period, and actual costs may be less if projects in the current Capital Improvement Plan covered by the public art program are not built. CONSEQUENCE OF NOT TARING THE RECOMMMMED ACTION The City is not required to adopt this program, nor is there a deadline for action. If this program isn't adopted, it is likely that less public art will be developed and the review process may continue to be inordinately time consuming and difficult. Clear policies and procedures, and a positive city example will help promote public art while insuring that citizens have an opportunity to participate in the review process. PROGRAM CHANGES These changes were made since the Council's February 5th review of the program: 1. The SLO Arts Council would informally advise the ARC, rather than play a formal role in reviewing public art proposals. 2. The program's focus on permanent, physical art (rather than performing arts) has been clarified. S-2 i mM���►il�llllll�lp°AMY Of San WI S OBI SPO COUNCIL AGENDA REPORT Staff Report Page 3 3. Percent for art funding has been set initially at it of the construction cost of eligible capital construction projects. 4. Utilities and underground projects have been exempted from the program. 5. Small capital projects, or projects which cannot accommodate public art on-site, could. satisfy the art requirement .by allocating 1% of their construction cost to a new Public Art Program in the Capital Investment Plan (CIP) . PROGRAM SUMMARY The attached Council resolution would create a comprehensive, citywide public art program through a statement of goals and objectives, funding method, review procedures, public art brochure and guidelines, criteria for matching grant funding, and incentives for public art. The program's main focus is the installation of permanent. physical works of art which are visible to the public in both public and private development projects. Effective Date The program would become effective upon adoption. However, because the City_ is in the middle of a two-year budget cycle, the percent- for-art component would not become fully operational until the adoption of the 1991-93 Financial Plan. During the transition period, all of the projects listed in the current CIP would be required to include public art except those that are exempt under the program, or those :for which design is complete and could not reasonably be modified to include public art. Exhibit "C" lists the projects in the current. CIP considered eligible for public art during the transition period. About $58, 000 would be used for the installation of public art in these projects. The list is preliminary, since the City Council will establish the general type and funding level for public art prior to awarding contracts for these projects. Exemptions Three classes of projects would be automatically exempt: 1) utility projects such as new water or sewer facilities; 2) underground projects, such as storage tanks or storm sewers, and 3) public art projects. During review of capital projects, the City Council could also exempt projects on a case-by-case basis. where it finds that: 1. Installation of public art would be detrimental to public health and safety; or _ I ����� ►►�iIIII�IIp ►��III city of San furs o81Spo MIGn COUNCIL AGENOA REPORT Staff Report Page 4 2. The project is not suitable for the inclusion of public art; or is not visible by, used by, or accessible to the public. All other projects will be eligible for public art and will be used in establishing a total construction cost estimate upon which the 1% total funding amount will be based. Allocating Funds For Public Art Starting with the 1991-93 budget, the City's financial commitment to public art would be determined by calculating it of the total estimated construction cost of the eligible Financial Plan Capital Improvement Projects. This would occur at the time of Financial Plan development and adoption. For budgeting purposes, this amount would constitute the minimum, or base amount to be devoted to public art during the time period covered by the Financial Plan. If the incremental cost of individual public art projects meets or exceeds this 1% calculation, nothing else need be done. If the total is less than the 1$ figure, the shortfall would be added to the Public Art Program in the CIP. Individual departments, at the time of proposing new capital improvement projects, will indicate whether public art should be incorporated into the projects. The project manager will indicate this on the capital improvement project request forms, which will modified to include a public art component. For small capital projects, it will often be impractical to include public art due to the relatively small dollar amounts which would be allocated to public art and the staff time involved. For these projects, the project manager can instead recommend allocating it of the estimated .project construction cost to the Public Art Program in the CIP in lieu of providing public art in the project. These funds can then be used for installation or maintenance of public art on any City property. And in cases where public art is appropriate in small projects, additional monies from the fund can be used to augment the it public art budget generated by the project. Using the existing Capital Improvement Program Committee review process (an administrative staff review) , staff will identify and recommend specific projects to the Council to include public art. The cumulative amount recommended for allocation to public art will be at least 1% of the total estimated capital improvement program budget for the construction of all eligible projects. After Council approval of the capital improvement program, including the ��IIw11�wjIIIiIIiIPnNu11IININ city of san Luis osispo _,Nii% COUNCIL AGENDA REPORT Staff Report Page 5 allocation of public art funds, project managers will be responsible for: 1) including in plans and specifications the general location and type of artwork (ie. interior or exterior, architectural or landscape element) ; 2) preparing and issuing a request for proposals for public art (RFP) ; and 3) administering the public art contract and installation. Community Development Department staff will assist with RFP preparation, and handle artist selection and design review. Administration In its budget planning role, the CAO will ensure that the public art program policies are implemented in the CIP, including allocation of at least 1% of the total estimated construction budget for eligible CIP projects to public art. The Community Development Director will administer the program on a day-to-day basis, with support from the various City departments responsible for Capital Improvement : Projects. Community Development staff would develop administrative procedures to assist in public art planning, artist selection, and project review. Additionally, Community Development Department staff will be responsible for initiating and administering the installation of "freestanding" public art projects where appropriate, using the unallocated funds from the in-lieu component of the Public Art. Program. The SLO Arts Council would continue to promote public art and serve as the liaison between the local agencies, artists, and developers. A subcommittee of the Arts Council would, on request by the City, informally evaluate artworks on their technical merits, and make recommendations to the ARC and City Council. PREVIOUS REVIEW Architectural Review Commission In June 1989, the Architectural Review Commission strongly supported the program, and emphasized the importance of early public review. Commissioners recognized the value of SLO Arts Council input, but felt that the final decision on public art projects should be made by the city, with input from staff, citizens, the artist, and the Arts Council. Staff agrees. In the recommended program, an ad hoc committee of the Arts Council would advise the city on the technical and artistic merit of large or complex public artworks as an informal review; however, the final decision would be made by the ARC or, if matching grant funding were involved, the City Council. There would be ample opportunity for early public review and comment. 8-5 �u � ►�iillllf�lpn�►����I city of san tins osispo COUNCIL AGENDA REPORT Staff Report Page 6 Promotional Coordinating Committee In July 1989, the committee expressed 'general support for the program, but recommended several changes or clarifications and continued the item to its August 9th meeting. The program was subsequently revised to address PCC concerns with possible conflicts with the existing Grants-in-Aid program, and the committee supports the program as recommended. Planning Commission In July 1989, the Planning Commissioners voiced general support for the program, asked for clarification of the SLO Arts Council role, emphasized the need for grant funding of permanent visual art rather than performing art, encouraged a broad range of art media, subjects and styles, and asked to see the review process streamlined. They noted that additional discussion was needed on public art incentives like density bonuses or height exceptions before these could be included in the overall program. The commission's comments are addressed in the revised program. DISCUSSION Purpose of Public Arts Program Across the U.S. , cities of varied sized and character are promoting Public art as part of an overall strategy to enhance the quality of urban life. Recent experience with public art programs in Seattle, San Francisco, Brea, and Santa Barbara suggests that Public support for the arts can heighten civic pride, promote a positive city image, and help create an atmosphere that attracts shoppers, tourists, and residents. What is Public Art? At its most basic, public art is any artwork that can be viewed or experienced by the public. Most cities and art agencies specify that to qualify as "public art", the artwork must be accessible to the public at large. Regardless of the type of artwork or who funds it, public art's common trait is its public accessibility. Typically, this means that artwork occurs on publicly-owned or - controlled property; or if on private property, that it can be easily seen or experienced from a public way -- such as a public sidewalk, plaza, or street. As used in this program, "visual arts in public places" refers to visual events, activities, or physical improvements - both permanent and temporary -- designed and located for public enjoyment. The program emphasizes the need for permanent, fixed MY of San fuss OBIspo AMING@ COUNCIL AGENDA REPORT Staff Report Page 7 artworks reflecting a wide variety of techniques and materials including: sculptures, murals, paintings, woodwork and textiles, and landscape art. The term "public art" implies more than architectural ornamentation or attractive signs and benches. As defined in the attached resolution, Public art is "the creative result of either individual or group effort, and is normally not mass-produced or intended primarily for a commercial market." Public Art Review Process It is the Committee's and staff's intent to streamline the review process for public art. Previous artworks took as much as three months for City approval. Under the new procedure, City review of most artworks should take no more than 6 to 8 weeks. Minor or incidental review would take even less -- about 10 to 14 days. Committee members felt that the success of the process depended un- reasonable interpretation of the public art guidelines, and avoiding the tendency to focus on minor details and rigid adherence to particular styles, subject matter or tastes. Exhibits "A" and "B" show the committee's recommended review process, with Council's suggested changes incorporated. SLO Arts Council review has been deleted from the formal review process; however it would continue to be available as an informal, advisory review to assist applicants and the City. Public art should represent a broad spectrum of styles, media, and subjects -- yet still "fit" San Luis Obispo. Staff's main role would be to evaluate a project in terms of environmental, site planning, health, and safety concerns; the ARC's role would be to determine whether a project met the city's public art guidelines. The City Council would normally not review public art unless: (1) matching grant funding is requested, or (2) the ARC action is appealed. The Committee based the recommended review process on three principles: -Public ' art review should involve the city's existing development review process, without creating a new review committee or process. -The ARC would evaluate public art for basic compliance with the guidelines, with informal technical evaluation and a recommendation from the SL0 Arts Council. -The Parks and Recreation Commission would review the artwork and forward its recommendation to the ARC if city parks were involved; the Promotional Coordinating Committee would review the proposal and make a recommendation to the City Council if matching grant funds were requested. -Simple, small-scale public art projects would be handled as "minor or incidental. " With this approach, artwork would be ' c� o san 1Qui s owo COUNCIL AGENDA REPORT Staff epo Page 8 submitted for Community Development. Director approval. Such proposals could also be routed to the Arts Council for comment before the Director took action. In sensitive sites (such as Mission Plaza) , or when the artwork did not meet the guidelines, the Director would refer public art proposals to the ARC. SIA Arts council Role The SLO Arts Council would play an important advisory role, particularly on large, complex or controversial public art projects. It would assist the City in disseminating information about the public art program, and provide technical information and evaluation for use by applicants, City staff, and the ARC on an as- needed basis. What Type of Public Art is Appropriate Controversy and public art sometimes seem to go together. Citizens often view public art as a statement by the artist and the space's owner toward or about the community. In that sense, an artwork's message should generally benefit the public and foster good will. Artworks that stimulate joy and wonder, appeal to the senses, stimulate play and imagination (e.g. , "Bear and Indian" sculpture) , involve the viewer in the artwork (e.g. , Seattle's sidewalk dance lessons by Jack Mackie) , educate, provide a place to sit, some shade, or other amenities, recognize our history, celebrate human achievement and fellowship, and promote civic pride will meet the intent of the city's guidelines -- and attract community support. ALTERNATIVES 1. Adopt the resolution approving the public art program, with or without changes. 2. Do not adopt the program at this time. 3. Continue consideration with direction to staff as to changes or additional information needed. SUMMARY RECOMMENDATION Adopt the draft resolution to establish a citywide Visual Arts in Public Places program. Attachments: -Draft Resolution -Exhibit "A": Draft Public Art Program S- ��u��i�►►�liilllllll�lu�"u�►��d�ll MY Of San 1UIS OBaspo - COUNCIL AGENDA REPORT Staff Report Page 9 -Exhibit "B": Public Art Review Flow Chart -Exhibit "C" : Capital Projects Eligible For Public Art, 1990-91 -Initial Environmental Study -Letter from SLO Arts Council D/JH/pub-artl.wpf .r, RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A VISUAL ARTS IN PUBLIC PLACES PROGRAM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Title and Content. The City Council hereby adopts the "Visual Arts in Public Places" program as described in Exhibits "A" and "B" of the Community Development Department staff report dated May 1, 1990. SECTION 2. Definitions. For the purposes of this resolution, the following terms are defined as follows: (1) "Visual Art In Public Places" or "Public Art" means any visual work of art displayed in a publically visible location:. (a) in a City-owned area, (b) on the exterior of any city-owned facility, (c) within any city-owned facility in areas designated as public area, lobbies, or public assembly areas, or (d) on non-city-owned property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the City; and if on private property, secured by a public art agreement between the City and the landowner. (2) "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas-relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, carving, and stained glass. "Work of art" is the creative result of individual or group effort, and is either unique or of limited-issue nature, and is normally not mass-produced or intended primarily for a commercial market. "Work of art" does not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 of the Municipal Code. (3) "Capital Construction Project" means any project listed in the City's Financial Plan Capital Improvement Program, and paid for wholly or in part by the City of San Luis Obispo for public benefit. "Capital construction project" includes, but is not limited to building construction, addition, and remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks, bikeways, trails other public transportation improvements; parking facilities, and similar public facilities as determined by the Community Development Director. (4) "Construction Cost" means the cost in dollars, as approved by the City Council or the City Administrative Officer, to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or maintenance costs. (5) "Eligible Project" means a capital construction project which is not exempt under the provisions of this resolution, or by City Council or City Administrative Officer action. Resolution No. (1990 Series) Page 2 SECTION 3. Environmental Determination. After City Council review and consideration, the Community Development Director's decision to grant a negative declaration pursuant to the City Environmental Procedures and the California Environmental Quality Act is hereby affirmed. SECTION 4: Percent For Art. One percent (1%) of the total approved construction cost of eligible capital construction projects shall be expended for the design and installation of public art. SECTION 5. Responsibility For Implementation. The Community Development Director is responsible for administering the program. City departments responsible for the planning, design, and construction of eligible capital construction projects shall include public art in their projects, or shall otherwise meet the requirement through allocation of funds to the Public Art Program as described in Section 6. SECTION 6. Public Art Program. (1) Small capital construction projects, or projects in which the City Council or City Administrative Officer determines that it is not feasible or desirable to include public art due to site limitations or the project's location or design, may meet this requirement through allocation of one percent (1%) of their construction cost as an in-lieu contribution for citywide public art; (2) The Finance Director shall establish and maintain a Public Art Program in the Capital Improvement Plan for such a purpose; and (3) Program funds shall be used for the design, fabrication, and installation of public art, pursuant to the Visual Arts in Public Places Program, Exhibits "A" and "B". SECTION 7. _Exempt Projects. The following types of projects are exempt from this percent for art requirement: (1) Utility projects, such as public water or sewer system improvements, pumps, and wells, (2) Underground projects, such as storage tanks and storm drains and similar items; (3) The City Council or the City Administrative Officer may Resolution No. (1990 Series) Page 3 exempt other projects from this requirement upon finding that: (a) installation of public art would be detrimental to public health, safety, or welfare; (b) the project is not suitable for the inclusion of public art; or is not visible by, used by, or accessible to the public; or (c) The project is itself a public art project. SECTION 8: San Luis Obispo County Arts Council. The San Luis Obispo County Arts Council shall assist the City by evaluating the technical and artistic merit of proposed public art projects by forwarding its comments to the Community Development Director or Architectural Review Commission. This is recognized as an appropriate function for the Arts Council, a non-profit agency, and no City funding is allocated for this advisory service. SECTION 9. Program Evaluation. The City Clerk shall schedule the public art program for Council review within one year of the date of this resolution. At such review, the Council may modify or suspend the program. sss On motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Resolution No. (1990 Series) Page 4 the foregoing resolution was passed and adopted this day of 1990. Mayor Ron Dunin ATTEST: City Clerk s • • • assss • • s ity Admmist tive Officer t7ney . Community Development Department Public Wo s epartment n 8-13 Resolution No. (1990 Series) Page 5 Fie epartment / s a ecreation Department Mnanc4r Director C� n 1 D/jh/pub-art5.wp .�►���n�IB�illll�liii�i111 PAI� city or SAn WIS oBIsp® ON 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 City of San Luis Obispo VISUAL ARTS IN PUBLIC PLACES PROGRAM I. PROGRAM GOALS AND OBJECTIVES A. Goals The. City of San Luis Obispo Shall: 1. Preserve and enrich the community's environmental quality by encouraging visual arts in public places for both public and private development. 2. Foster public art to enhance San Luis Obispo's character. 3. Promote opportunities for public participation in and interaction with public artworks and artists. 4. Expand access to the arts for residents and visitors, with special attention to the needs of under-servcd audiences, such as children, low-income families, senior citizens, and disabled persons. 5. Support a diversity of public art styles, media, programs, and artists through its matching grants program for public art. 6. Encourage public artworks which celebrate and reaffirm the community's historical, socio-cultural, and aesthetic values, and which provide a sense of continuity for future generations. 7. Expand citizen awareness and appreciation of the visual arts as a key part of the community's identity and quality of life. B. Objectives To achieve these goals, the city will: 1. Strongly encourage the inclusion of visual arts in new public and private development projects in the PF, O, C-C, C-R and C-T zones through its development review process.. 2. Evaluate, and where appropriate, revise its General Plan, Zoning and Subdivision Regulations and other pertinent policies and standards to provide incentives for and remove obstacles to public art. 3. Develop and implement, in conjunction with San Luis Obispo County Arts Council, administrative policies for public art acquisition, administration, funding and long-range planning. EXHIBIT A $'�/S Public Art Program Page 2 4. Expand the range and depth of financial support sources for the visual arts, including the possibility of using a portion of an increase in transient occupancy tax or sales tax to support "public arts programs". 1. S. Include funding for public art planning and development in the city's Capital Improvement and Capital Reinvestment Prggrams where feasible, including an on-going matching grant fund for public art. 6. Include public art in new capital projects such as parks, city buildings, public plazas and major street projects; and allocate at least I percent of total capital construction costs for the installation of public art. II. GUIDELINES FOR PUBLIC ART Art eludes precise definition or regulation. Art in public context, unlike art in private collections or museums, is linked to the community in complex ways. It both shapes and reflects the community's perception of itself =- its character and its values. And it must address and respond to a wider audience than art in museums or private collections. Recognizing this difference, cities and counties have developed various$ guidelines to encourage the widest possible range of artistic expression, while ensuring that artworks express the community character and values, and meet reasonable criteria applicable to other types of "development projects". The following guidelines will help artists, citizens, commission and council members and staff understand the city's expectations for public art. : They are not intended to unduly restrict creative expression, or limit the types of public art possible. Rather, they are intended to achieve the best possible mating of site and artwork, and guide what is essentially a form of communication between the artist and the community. They are interpreted by the city's Architectural Review Commission, with technical and procedural assistance from the San Luis Obispo County Arts Council. 1. 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. 2. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 3. Public art shall be compatible with the immediate site and neighborhood in terms of architectural scale, materials, land use and the site's historical and environmental context. 4. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information, and other amenities where appropriate. S. Permanent public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials'appropriate to its duration of public display. 6. A wide variety of artistic expression is encouraged. Expressions of profanity, vulgarity, or obvious poor taste are inappropriate. 7. Artwork shall reflect a high level of artistic excellence. o Public Art Program Page 3 8. Public art shall not directly or indirectly cause adverse environmental effects, or otherwise jeopardize public health, safety or welfare. III. CRITERIA FOR MATCHING GRANT FUNDING The city has established a matching grant fund to encourage public art. For every dollar of private investment, the City Council may match the expenditure on a dollar-for-dollar basis. Public art projects receiving matching funds should provide a clear public benefit and advance the city's public art goals. To achieve this, the city has developed special review criteria. Projects seeking matching grant funds will require City Council approval, as described in Section IV below. The council will use the following criteria in evaluating funding requests: 1. Artwork shall be located 1) on. publicly owned property or right-of-way, or 2) on private property if the artwork is secured through a public art easement. 2. Artwork should promote the city's Goals and Objectives for Public Art. 3. The applicant has demonstrated sufficient experience and ability to successfully complete the public art project. 4. Projects which make creative and efficient use of resources will be given preference. 5. Artwork shall be consistent with the city's Public Art Guidelines. 6. Artwork designed and/or sponsored by a San Luis Obispo county resident, business or organization will be given preference. 7. The City shall be named as an additional insured and indemnified during construction and installation of the public artwork. 8. Permanent artwork receiving city funds shall become City property. IV. PUBLIC ART REVIEW PROCESS Public art projects shall be reviewed according to the chart shown in Exhibit "B". Public art proposed as part of new public or private development projects shall be reviewed as part of architectural review. Public art projects which are proposed as separate projects and not part of new development shall also require architectural review. Public hearing, notice and appeal procedures shall be the same as that required for architectural review. V.. INCENTIVES FOR PUBLIC ART To promote the inclusion of public art in both public and private projects, the City shall undertake, as appropriate, the following actions to implement the Visual Arts in Public Places program: 1. Waive processing and permit fees for public art projects. 2. Increase matching grant funding or allow unused grant funds to accrue from one budget cycle to the next. 9 I I Public Art Program i C Page 4 3. Consider allowing density bonuses or height exceptions to projects which include public art tied to open space at ground level. For example, a project which included sculpture and mini-plaza might receive height or coverage exception to allow additional floor area comparable to the area devoted to public art. 4. Work with the county and state to explore possible tax incentives for public art. 5. Revise setback regulations (Section 17.16.020) to allow public art within setback areas, with provision allowing direction discretion to require use permits for large artworks, or for those whose placement may have solar, traffic or environmental impacts. 6. Clarify Sign Regulations relative to public art. 7. Minimize public review time by waiving;construction permit requirements, where allowed by law, for most types OF public art, including: temporary artworks, projects which do not involve significant structural work, and projects which do not affect public health or safety (e.g., the mural or bas- relief on existing wall); and by allowing over-the-counter construction permits for all but structurally complex artworks. 8. Consider allowing public art to meet a portion of the total required common / open space in condominium projects. 1 9. Redefine "structure" in the Zoning Regulations (Section 17.04.410) so that public artworks are excluded for determining setbacks or building/lot coverage. VI. ADDITIONAL TASKS These are additional tasks to be completed as part of a comprehensive public art program, listed in the recommended order of implementation: 1. Establish Administrative Procedures In addition to public art policies established by the City Council, administrative procedures are needed to support the overall goals of the program. These would include: artist selection procedures,community involvement,interagency cooperation,contract preparation, art collection management guidelines, insurance and liability, and conflict resolution. 2. Artist Involvement - The ARC is the primary City advisory body charged. with reviewing public art. To assist the ARC in its role, at least one member of the commission should be an artist, or have a strong background in the visual arts. This would help commissioners understand art issues, and provide the technical expertise to understand public art media, techniques, and design implementation. 3. Public Art Brochure - To assist community groups, developers, and citizens, the City will prepare a brochure which explains the public art program: goals and' objectives, matching grant funding, and the design review process. The brochure would be made available through the Arts Council, and at the City g!0 0 Public Art Program Page 5 Community Development and Engineering Departments. 4. Education Program - The success of public art is measured largely by the community's understanding of an and appreciation for this art form as a cultural resource. To promote such understanding, the City will help sponsor an educational program which may include: public art activities in elementary school classes,occasional articles on public art in the SLO Newsletter, San Luis Obispo City/County Library displays, and promotion of public art among civic organizations. 5. Program Evaluation - The public art program should be evaluated on a regular basis, initially one year after adoption and then every 2 years, in conjunction with the city's budget cycle. The written evaluation would describe the status of public art projects, evaluate policies and procedures, and suggest changes to the program, as appropriate. � •ssss f jh/D:pub-art3.wp 8-19 PUBLIC ART REVIEW PROCESS LEGEND SUBMIT APPLICATION ® NORMAL REVIEW - - - - - SPECIAL REVIEW PUBLIC HEARING IF MINOR OR TEMPORARY ARTWORK STAFF r--------- EVALUATION I I NOT MINOR OR TEMPORARY MINOR OR IF IN CITY PARK IF MATCHING GRANT FUNDING REQUESTED INCIDENTALROUTING �^ REVIEW r - - - ----- --� I I PARKS& ARCHITECTU RAL ------ PROMOTIONAL I RECREATION - REVIEW COORDINATING COMMITTEE IF APPEALED COMMISSION COMMITTEE - - -� � I * I I I L--------- PERMIT - CITY -J COUNCIL INSTALL � ARTWORK EXHIBIT B . i CAPITAL IMPROVEMENT PROJECTS ELIGIBLE FOR PUBLIC ART, 1987-91' Project Name Construction Budget 1. Downtown Sidewalks and Bulbouts $400,000 2. Nipomo St. Bridge Replacement 500,000 3. Recreation Building Rehabilitation 826,600 4. Regional Fire Training Facility 1,400,000 5. Storage Structure @ Fire Station No. 4 40,000 6. Patrol Services Training Range 13,000 7. Street Reconstruction/Resurfacing 1,265,000 8. Bikeway Improvements 400,000 9. Intersection Improvements, Higuera St. @ Tank Farm Road 100,000 10. Murray/Broad Street Improvements 90,000 11. Neighborhood Traffic Management Improvements 100,000 12. Parking Lot #2 Reconstruction 55,000 13. Swim Center Multi-purpose Room '49,000 14. Rodriquez Adobe Restoration 300,000 15. Sinsheimer Park Jogging Trail 10,000 16. Laguna Lake Jogging Trail 18,000 17. Park Storage Buildings 26,000 18. French Park, Phases 2 & 3 245,000 TOTALS $5,837,600 1% Contribution for Public Art (.01 X $5,837,600) _ $58;376 *Note: The list includes capital improvement projects from the previous Capital Improvement Plan for which contracts have not yet been awarded. The general type and amount of public art for each project is to be determined by the City Council prior to award of contracts. EXHIBIT C S-z1 City Of San WIS OBISPO 1►�►����illflllil�►l�j110'l��i�l INITIAL STUDY OF ENVIRONMENTAL IMPACT SITE LOCATION Citywide APPLICATION NO. ER 65-89 PROJECT DESCRIPTION Adoption of new Visual Arts in Public Places mogram requiring 1 1/2 percent of the construction. cost of most new City development projects to be used for the development of public artworks, and encourages public art in private developments. APPLICANT City of San Luis Obispo STAFF RECOMMENDATION: X NEGATIVE DECLARATION MITIGATION INCLUDED EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED PREPARED BY Jeff Hook, Associate Plann DATE November 1, 1989 COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: �i `Z % .m` AT //- Cf. &g NEGAT/VE ,atZlft/ZATl6N �,�/�` . e SUMMARY OF INITIAL STUDY FINDINGS --L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING �A.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS A. COMMUNITY PLANS AND GOALS............................ .. None* B. POPULATION DISTRIBUTION AND GROWTH.......................................... None C. LAND USE .............................................. :`Ione* D. TRANSPORTATION AND CIRCULATION .............................................. Mone E. PUBLICSERVICES .................................................. None F. UTILITIES.............................._.......................................... 'lone G. NOISE LEVELS ................................................................... None I H. GEOLOGIC B SEISMIC HAZARDS 6 TOPOGRAPHIC MODIFICATIONS .................... None - I. AIR QUALITY AND WIND CONDITIONS................................................ None J. SURFACE WATER FLOW AND QUALITY ............................................. None KPLANT LIFE....................................................................... None L ANIMAL LIFE..................................................................... None- M. ARCHAEOLOGICALIHISTORICAL .......... ?Ione N. AESTHETIC ...................................................................... None O. ENERGYIRESOURCE USE ............ *Ione P. OTHER_................................................_........................ Mone I.STAFF RECOMMENDATION Negative Declaration *SEE ATTACHED REPORT saes r-Z Initial Study, ER 65-89 Page 2 1. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING As part of its 1987-89 budget workprogram, the City Council directed staff to work with citizens and city advisory bodies to develop a public art program. Councilmembcrs wanted to clarify review procedures and encourage more public art in the city. An ad-.hoc committer was formed composed of members from various city commissions, the San Luis Obispo Arts Council, and citizens. The committee's recommendations formed the basis for the program described below. The new program establishes: (1) program goals and objectives, (2) procedural framework for reviewing public art, (3) public art guidelines; (4) criteria for matching grant funding, and (5) incentives for public art. The program expands the city's role in reviewing and developing public art, and involves the San Luis Obispo Arts Council, a non-profit state-funded agency, in reviewing art projects and as a liaison between the city, developers, and artists. The program strongly recommends, but does not mandate, that public art be included in new private development projects in the pedestrian-oriented C-C, C-R, C-T, O and PF zones. To encourage private efforts, the city would set a positive example by including funds for public art in new city development projects equal to 1 1/2 percent of their total capital construction cost. The program (Exhibits 'A" and "B") does not include the development of any specific artworks or structures. It sets policies which will result in the development of public art as part of city capital projects like new buildings, parks and landscaping, and street projects. It would also direct staff and the city's Architectural Review Commission to consider provisions for public art when reviewing new private development projects. As individual public or private artworks are proposed, they would be evaluated under the city's environmental procedures and CEQA requirements on a case-by-case basis -- often in connection with a larger development project. Program Summary 1. What the new program does: It creates a city public art program through a statement of goals and objectives, procedures for reviewing public art, public art guidelines, criteria for matching grant funding, and incentives for public art. 2. How it is administered: A part-time staff person would be hired to administer the program, within the Community Development Department. The SLO Arts Council would continue to promote public art and serve as the liaison between the local agencies, artists, and developers. A subcommittee of the Arts Council would evaluate artworks on their technical merits, and make recommendations to the ARC and City Council. 3. What projects are affected: All city-sponsored projects would be required to budget 1 1/2 percent of the total construction cost for public art unless specifically exempted by the council. The percent-for=art would apply only to above-ground, physical improvements like structures, landscaping, and street improvements — not operation, maintenance, acquisition or design costs. With council approval, the 1 I/2 percent would increase to 2 percent in 1992. Private J development projects in the pedestrian-oriented C-C, C-R, C-T, O and PF zones would be encouraged to include public art, but it would not be mandatory. f',23 CInitial Study, ER 65-89 Page 3 4. How the program will be implemented: Once adopted by resolution, city departments proposing capital projects will need to include funding for public art as part of the project, prior to council authorization of bids. Community Development staff will work with the CAO, Public. Works Department and the SLO Arts Council to develop administrative procedures for developing and maintaining public art. The program could be amended by council resolution at any time. 5. Program Costs: The cost of city projects will increase by 1 1/2 percent to pay for public art. Additional costs would include a $15,000 annually for a part time staff person to administer the program. Bnckground and Purpose or PublicArtsProgram Ask people to name one positive aspect of city life and their response is often "cultural opportunities." Historically, European and American cities often featured public art which memorialized great persons or events, or provided a focal point for public buildings, plazas, or eullural activities. Studies by Kevin Lynch and others underscore the importance of another role for public art -- that of creating a strong "visual image" for a community. Across the U.S., cities of varied sized and character are promoting public art as part of an overall strategy to enhance the quality of urban life. Recent experience with public art programs in Seattle, San Francisco, Brea, and Santa Barbara Csuggests that public support for the arts can heighten civic pride, promote a positive downtown image, and help create an atmosphere that attracts shoppers, tourists, and t residents. Public art is any artwork that can be viewed or experienced by the public. Most cities and art agencies, including the City of San Luis Obispo, specify that to qualify as "public art% the artwork must be accessible to the public at large. Regardless of the type of artwork or who funds is, public art's common trait is its public accessibility. Typically, this means that artwork (or cultural event) occurs on publicly-owned or -controlled property; or if on private property, that it can be easily seen or experienced from a public way -- such as a public sidewalk, plaza, or street. Other possibilities exist to allow public access, however. Live performances, video recording for public broadcast, and art festivals are other possible venues. The term 'public art" is broad, and encompasses a wide variety of visual events, activities, and improvements — both permanent and temporary -- designed and located for public enjoyment. 'Visual Arts in Public Places" is the more specific term covering what most people generally refer to as "public art": sculptures, murals, paintings, woodworks and textiles, and landscape art. It implies more than architectural ornamentation or attractive signs and benches. Rather, it reflects a deliberate, creative expression of community values, creativity, and pride. 11. POTENTIAL IMPACT REVIEW A. Community Plans and Goals Current General Plan policies do not specifically address public art. Architectural Review Guidelines and the Downtown Improvement Manual encourage beautification of the downtown and surrounding areas through architcctural, landscape, infrastructure Initial Study, ER 65-89 Page 4 (sidewalks, streets, street furniture, and lighting), and signage improvements -- and these may include public art. In the General Plan update, draft policies will encourage public art in public and private projects. Staff is not aware of any General Plan policies which would conflict with the proposed public arts program. C. Land Use The proposed program would not affect land use0, or the rate and timing of development. As part of the program, the Planning Commission and City Council would consider amending the City's Zoning Regulations to remove obstacles to public art, eg, setback requirements. Sign Regulations and other policies would also be reviewed, and if appropriate, amended to remove obstacles to, or provide incentives for the development of community artworks. Such amendments, if approved, would undergo environmental study prior to commission review. III. STAFF RECOMMENDATION Grant a negative declaration. i jh9/cr65-89 O �� San Luis Obispo County Post Office Box 1710 San Luis Obispo ARTS COUNCIL California 93406 (805)544-9251 November 9, 1989 �tl:tlVtL San Luis Obispo .City Council NOV g 09 990 Palm Street Orty ci San Lws Oo,snr San Luis Obispo, CA 93401 To the Members of the City Council: The San Luis Obispo County Arts Council applauds the efforts of the City of San Luis Obispo in developing a new citywide public art program, a vital step toward improving the quality of life in our community. The San Luis Obispo County Arts Council Board of Directors has reviewed and endorses the City staff report. .Especially to be commended is the inclusion of increased funding .for public art, for without this mechanism, communities are generally .unable to support a public art program. In its role as a local arts agency advocating for all the arts in our county, the Arts Council is prepared to play two roles in the City's public art program. 1 . ) ARTISTIC REVIEW The Arts Council will appoint ad hoc committees to review the �J artistic and technical merit of a proposed artwork. The committee will be comprised of appointed members of the arts community appropriate to the particular artistic medium being proposed, an Arts Council board member, an Arts Council staff person (nonvoting) , an ARC member and a member of the City staff (nonvoting) . 2. ) PUBLIC ART CONSULTATION The Arts Council will act as a referral source for public art; maintaining lists of interested artists and .businesses, and consulting on possible alternative funding sources. The Arts Council will consult on public art policies, process and criteria; advise on a Request for Proposal process, the coordination of competitions and review panels, and the development of criteria for public art. We believe that these responsibilities are consistent with the Arts Council 's role in the community. At this time, it appears as though the proposed public art program will not significantly impact the Arts Council's budget and staff time. Should the number of public art proposals and the Arts Council 's time involvement increase greater than anticipated over the next year, some compensation to offset this administrative time might be requested. OSincerely, Barbara Burke President t2k///�/�