HomeMy WebLinkAboutPublic Art Program Policy Manual - 2017
Public Art Program
Policies and Procedures Manual
City of San Luis Obispo Updated June 2017
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POLICIES & PROCEDURES MANUAL
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INTRODUCTION ................................................................................................................................................................................... 4
What is Public Art? ................................................................................................................................................................................. 4
CITY-FUNDED PUBLIC ART .............................................................................................................................................................. 6
Summary of the Process .......................................................................................................................................................................... 6
Funding Policies ....................................................................................................................................................................................... 7
Funding Procedures ................................................................................................................................................................................. 7
Public Art Manager’s Role ..................................................................................................................................................................... 8
Generating Ideas for Public Art in Capital Projects............................................................................................................................. 9
Methods of Selecting Public Art ........................................................................................................................................................... 11
Evaluating and Selecting Public Art .................................................................................................................................................... 12
Design Review/Public Hearings ............................................................................................................................................................ 13
Artist Compensation .............................................................................................................................................................................. 14
Public Art Installation ........................................................................................................................................................................... 15
Maintenance and Repair ....................................................................................................................................................................... 15
Legal Issues ............................................................................................................................................................................................. 16
Dedication of Artwork ........................................................................................................................................................................... 18
CITY PUBLIC ART PROGRAMS ...................................................................................................................................................... 18
Temporary Public Art and Pilot Programs ......................................................................................................................................... 19
Developing Temporary Public Art Program Parameters .................................................................................................................. 19
Evaluation of a Pilot Program .............................................................................................................................................................. 19
UTILITY BOX ART PROGRAM ........................................................................................................................................................ 20
Background ............................................................................................................................................................................................ 20
Program Details ..................................................................................................................................................................................... 20
PRIVATELY FUNDED ART IN PUBLIC PLACES ......................................................................................................................... 25
Submittal of a Proposal ......................................................................................................................................................................... 25
Evaluation of a Proposal ....................................................................................................................................................................... 25
Approval of a Proposal .......................................................................................................................................................................... 25
Contract Preparation............................................................................................................................................................................. 26
Issuing of Permits ................................................................................................................................................................................... 26
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Labeling of Artwork .............................................................................................................................................................................. 26
Final Acceptance .................................................................................................................................................................................... 27
Dedication of Artwork ........................................................................................................................................................................... 27
MATCHING GRANTS FOR PUBLIC ART ...................................................................................................................................... 28
Grant Criteria ........................................................................................................................................................................................ 28
Summary of the Process ........................................................................................................................................................................ 28
PUBLIC ART IN PRIVATE DEVELOPMENT................................................................................................................................. 30
Placement of Public Art In Private Development ............................................................................................................................... 30
Public Art Donated to the City by a Private Developer ...................................................................................................................... 31
Payment of Art In-Lieu Fee .................................................................................................................................................................. 32
Certificate of Occupancy ....................................................................................................................................................................... 32
Ownership of Public Art ....................................................................................................................................................................... 32
Removal or Alteration of Public Art .................................................................................................................................................... 33
Use of Public Art In-Lieu Funds ........................................................................................................................................................... 33
APPENDICES A - O
A. Resolution 6811 – Adopting Visual Arts Program
B. City Funded Public Art Process Flow Chart
C. Guidelines for Public Art
D. Sample Artist Contract
E. Public Art Final Acceptance Letter
F. Application to Donate Art to the City
G. Privately Funded Art Process Flow Chart
H. Privately Funded Public Art Application and Waiver
I. Resolution 9659 – Adopting Matching Grants for Public Art Program
J. Matching Grants for Public Art Flow Chart
K. Ordinance 1372 – Adopting Public Art in Private Development Program
L. Planning Application Checklist & Planning Application for Private Development
M. Privately Funded Public Art Process Flow Chart
N. Public Art Maintenance Record & Public Art Maintenance Covenant
O. Box Art Program Exhibits A-D (Glossary, Box Art Map, Downtown Boundary Map, Box Art Media & Materials)
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INTRODUCTION
What is Public Art?
Public Art develops from the engagement of an artist with public space. Within the realm of creating public art, artists encounter
people, history, and process. The resulting artwork represents the diverse response to those factors by individual artists, leaving
the question, “what is public art?”
It's easier to describe what public art isn’t. Fancy "off-the-shelf" benches, fountains, and trash receptacles; upgraded tile, paving,
or other conventional architectural finishes and ornamentation; standard landscaping; architectural lighting; and other similar
treatments which do not involve original, creative work by an individual or group are not normally considered public art.
For example, purchasing a pre-fabricated fountain and installing it in a park would be landscaping but not public art, since the
piece is a stock item and its design does not necessarily involve an original or creative effort. However, if the fountain included
an original ceramic or bronze sculpture, tile mosaic, or other original or creative feature it could be considered public art. The
artwork doesn't necessarily have to be one-of-a-kind, or designed only for that location -- it could be one of a limited series of
castings (in the case of sculpture) that has been thoughtfully integrated with a project.
The boundary between architectural ornamentation and art is not always clear. For example, in decorating a blank wall of a
parking garage with a series of metal screeds and painted wall panels, the architect's effort might be considered public "art" if it
were an original work, went beyond typical or stock architectural treatment, and met the city's public art guidelines.
World Trade Center 9/11 Memorial -2015
“Standing Tall”, Artist Kathleen Caricof
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Funding for public art can come about in a number of different ways and currently includes the following three options:
1. City Funded Public Art. Each year the City of San Luis Obispo sets aside one percent (1%) of the estimated cost of
eligible projects in its Capital Improvement Plan for public art.
2. Privately Funded Art in Public Places. Private Citizens may donate public art to the City for personal reasons.
(application for donation of art to the City is provided as Appendix F)
3. Public Art in Private Development. The City requires private developers to include public art in their projects valued at
one-half of one percent (.5%) of the cost of construction over $100,000. Optionally, developers may contribute an amount
equal to the value of the required art to the City’s art-in-lieu account or donate a comparably valued piece of art to the
City.
4. Matching Grants for Public Art. The City has established a matching grant program to encourage public art. Public art
projects receiving matching funds should provide a clear public benefit and advance the City's public art goals. For every
request, the Council will determine an appropriate level of match, not to exceed 50% of the cost of the project.
There are different procedures to be followed for each source of public art. Accordingly, this manual is divided into separate
sections that cover each of these processes.
“Bee Bee
Works His
Magic”
2008
Artists
Carol
Paulsen
and
Stephen
Plowman
Located in
front of SLO
Little
Theater
A
Sculptural
presentatio
n that
embraces
the spirit of
Bill
Beeson’s
life and his
boundless
energy and
advocate
and mentor
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CITY-FUNDED PUBLIC ART
In May 1990, the City Council established and funded a public art program. The Council determined that one percent (1%) of
the estimated construction cost of eligible projects in the Capital Improvement Plan should be set aside for public art. (See
enabling legislation, Appendix A) As a budget balancing strategy, the City Council could (through the city budget process)
specify a differing amount for the public art allocation.
Summary of the Process
1. The Finance Department includes an art funding component in each Financial Plan budget request equal to 1% of the
construction component for all eligible projects.
2. A committee comprised of City staff, currently the Capital
Improvement Plan Committee, determines which capital
projects will be recommended for public art, based on
available funding and suitability of project. The committee
also recommends funding levels for each project.
3. Council approves committee’s recommendations for public
art in certain capital projects.
4. Art is incorporated into preliminary project studies and design
for recommended projects.
5. Public Art Manager solicits artist's qualifications and/or
proposals.
6. Public Art Manger appoints an art jury.
7. Artist/artwork is selected by jury.
8. Proposed artwork is reviewed by Public Works staff, as
appropriate.
9. Proposed artwork is reviewed by the Cultural Heritage
Committee, the Parks and Recreation Commission and/or the
Mass Transportation Committee, as appropriate.
10. Architectural Review Commission (ARC) approves artwork and forwards recommendation to City Council.
11. City Council approves artwork.
12. Public Art Manager prepares public art contract.
13. Public Art Manager secures planning/construction permits and works with artist to fabricate artwork.
14. Artwork is installed.
15. Public Art Manager inspects the artwork and compiles the maintenance information.
*See Appendix B for a flow chart of the process
“The American Spirit” 2003
Artists: Will Carlson, Jim Jacobson, Erick
Wand
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Funding Policies
The following administrative policies have been developed to effectively manage the City-funded public art program:
1. Eligible Projects. All Capital Improvement Plan projects are considered eligible for public art, and are expected to
contribute to the City’s public art fund in an amount equal to one percent (1%) of the project's construction cost, unless
the project is exempt. Exemptions include:
• Utility projects, such as sewer or water system improvements.
• Underground projects, such as new storm drains, storage tanks and similar items.
• Public art projects themselves.
• The portion of any project funded by grants from outside agencies.
2. Public Art Account. A Public Art Account is maintained by the Department of Finance to fund public art projects. As
part of the Financial Plan process, every two years, an amount equal to one percent (1%) of the construction component
of all eligible projects is placed in this account. Funding is then transferred by Finance staff to either a public art phase
of a capital project account or to a specific public art project account once the Council determines appropriate public
art projects for the two-year financial plan.
Funding Procedures
The following procedures are followed by City staff to set up funding for public art projects.
1. Identify Capital Projects. Departments normally submit Capital Improvement Plan Requests for the construction of
projects during the regular budget cycle. As part of those submittals, the Finance Department includes a public art
funding component equal to 1% of all eligible projects’ construction costs.
2. Public Art Account. Public Art funds identified in a Capital Improvement Plan and approved by Council are then set
aside in a "Public Art Account".
3. Allocation of Public Art Funds to Projects. Following approval of the two-year Financial Plan, the City's Capital
Improvement Plan (CIP) Review Committee meets to determine which capital projects are most appropriate for the
inclusion of public art, as well as an appropriate level of funding for each project. The CIP committee may also
recommend other public art projects that are not tied to a CIP. The following criterion is used to identify projects suitable
for public art:
a) Project should have high public visibility and use.
b) Project should lend itself to the inclusion of public art.
c) Project should be public art ready, meaning the project should be nearing the design phase or near or under
construction and will be completed within the two-year CIP.
d) The number of projects should be limited in order to focus staff efforts and result in meaningful pieces of public
art.
The Public Art Manager forwards the Committee's recommendations to the Council for approval.
4. Transfer of Funds to Project Budgets. Upon Council approval of recommended public art allocations, the Finance
Department transfers funding from the Public Art Account to the public art line item in the designated project budget.
5. Staff Reports to City Council. Staff reports submitted to the City Council or to the City Manager to request approval
to solicit bids or proposals for capital projects state whether public art has been designated as part of the project scope.
If the project has been approved for public art, the discussion includes a suggested art theme, how proposals will be
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solicited, and the estimated cost of the public art project. This information is included in the staff report under a separate
sub-heading at the end of the "DISCUSSION" section entitled “Public Art”.
Public Art Manager’s Role
The Public Art Program is managed by the Parks and Recreation Department. A Parks and Recreation staff member is
assigned this role and shall be responsible for the following:
1. Eligibility and funding. Making sure that for each capital project answers to the following:
a. Is the project designated for public art?
b. If so, has the funding been transferred to the project budget?
c. Has sufficient funding been set aside from the allocation for artist pre-selection stipends ($3,500), plaques ($500),
and dedication ceremonies ($300)?
2. Planning and design. Although the Public Art Manager does not design the artwork, they are expected to recognize
and plan for the possibilities. Steps would typically include:
a. Identifying possible locations in a capital project for public art. The project designer, an artist or representatives
from local arts organizations may help suggest artwork sites.
b. Possibly suggesting the general type of public art possible, for example, ground- or wall-mounted sculptures,
murals, landscape art, special architectural features, such as windows, benches or railings, or other possibilities.
c. Determining whether the approved budget is adequate for the proposed art concept. Some projects may warrant
larger public art expenditures. For example, important public buildings like a performing arts center or City Hall
expansion may offer special opportunities for public art and a decision may be made to request Council
augmentation of the approved budget.
d. Designing the capital project to accommodate public art. The location of the artwork should enhance the project's
overall appearance, and be publicly visible or accessible. Whenever possible, the artwork should be a part of the
actual project itself.
3. Selection of Artist and Artwork. Like other consultants or contractors who work on capital projects, artists work under
contract with the City. The Public Art Manager administers the selection and contracting process. Tasks include:
a. Determining the best method for selecting an artist (See Methods of Selecting Public Art).
b. Arranging for the RFP/RFQ to be evaluated by a selection committee or "jury".
c. Providing the Public Works Director or his/her designee the opportunity to review the RFP/RFQ for impacts of
proposed placement or maintenance.
d. After jury acceptance of a proposal, assuring that the Architectural Review Commission (ARC) and other
appropriate advisory body review has occurred regarding whether the proposed art piece is consistent with the
City’s Guidelines for Public Art (Appendix C).
e. Preparing an agenda report and taking the selected artist’s design to the Council for approval.
f. Preparing contract documents.
4. On-going review. The Public Art Manager takes steps to insure a smooth construction process by:
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a.Processing invoices and other pay requests.
b.Monitoring and inspecting work progress to insure a quality project.
c.Following up to ensure that the artwork meets all code requirements and permit conditions.
5.Final Inspection and Acceptance. The final steps for the Public Art Manager include:
a.Arranging for final inspection of artwork by appropriate City staff.
b.Verifying in writing that the artwork has been completed per contract.
c.Arranging for a plaque acknowledging the artwork and artist.
d.Arranging for City Council and/or public reception/dedication for the project and the artwork.
Generating Ideas for Public Art in Capital Projects
The Public Art Manager is not expected to be an artist or to single-handedly create public art. S/he is expected, however, to
be the catalyst, and to take the necessary steps to make it happen. Again, consulting with local artists or representatives
from the local arts organizations may be helpful.
1.Getting Started. The Public Art Manager’s key role is to define the possibilities for art. To do this, s/he should:
a.Know the site. Contact the County Historical Museum, Cultural Heritage Committee, the San Luis Obispo County
Arts Council, local historians or other City staff to understand the site's background. For example, what is the site's
cultural or historic significance? How is it (or how could it be) related to other public spaces or facilities? How
has it changed over time? Does it have environmental features that might be repeated in the artwork? Could the
art become a part of the architectural fabric of the building?
b.Be aware of site context. A historic neighborhood or building, natural feature, or cultural pattern (e.g. Chinatown,
Government Center, Mission Plaza, etc.) can strongly influence the type of art selected.
c.Look for design opportunities. Most projects will not automatically present locations for art -- the opportunities
usually have to be created. This means thinking about how art could be included early in the project study and
design phases, not after the construction drawings are done. Some creative approaches to incorporating art in
project designs include:
•A city building that incorporates bas-relief sculpture or mosaic tile into its exterior design, and changeable
exhibit space inside.
•A parking lot that includes a unique seating area or sculpture.
•A bikeway with a series of decorative panels inset into the paving.
•A bridge with a gateway arch, mural, or water feature.
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2.Generating ideas. The possibilities are numerous. They grow out
of the site's characteristics, context, functional needs, and the
project’s design. It starts when the Public Art Manager (in
collaboration with artists, arts organizations or other staff) generates
some ideas -- keeping them loose and very open-ended at first. For
example:
a.Public Buildings:
•Provide interior wall space or display cases in prominent
interior locations for the changeable display of public art,
possibly from school or community groups; or works on
loan from artists or arts organizations.
•Emphasize permanent artwork at building entries, exterior
patios or courtyards, or any visually prominent location
used by the public. Consider using rich, architectural
materials that integrate art with the building, such as the tile
mosaic of Old Mission life at the rear entrance to City Hall.
b.Parks, plazas, playgrounds:
•Sculpture, entry gates, specially designed walkways,
murals, landscape art, fountains, and artfully designed
street furniture, signage, trash receptacles, bike lockers,
bike racks and bandstands are just a few possibilities.
c.Streets, alleys, median planters, sidewalks, trails, bikeways, public transportation and parking facilities:
•These locations offer some of the best opportunities for public art. They are highly visible and accessible. And
due to the large expanses of paving, they can often benefit from the visual interest and variety that public art
can provide. Linear or repeating artworks can be used, for example, to unify a bikeway plan and provide
orientation stations along routes.
d.Miscellaneous Projects.
•Bridges, creek improvements, above ground utility stations, and other special facilities also present public art
opportunities where they have good public visibility. Creek projects, in particular, should include art that
enhances the creek’s natural beauty and ecological diversity.
3.Getting Help. Public art is one more item that the project manager for the CIP needs to consider in getting projects
built. There are resources both inside and outside of the City to help with this task. For example:
a.The Public Art Manager can explain the public art program requirements, will help facilitate the review of art
projects through the various public approvals, including jury selection, public relations and Council approval, and
will provide a list of potential artists to receive the request for proposals;
b.Finance staff can advise you on funding strategies and requirements;
c.The San Luis Obispo County Arts Council (Arts Obispo) assists the City by providing expert technical advice
and commentary on public art, and serves as a liaison between the City and the art community;
d.The Arts Obispo Directory, located on their web site (www.artsobispo.org), is also a good source for ideas and
finding artists.
Artists: Carol Paulson & Steve Plowman
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Methods of Selecting Public Art
Since public art is often such a prominent visual feature, it is important that each artwork be thought through carefully.
Early public participation is a key part of the process. Another key aspect is involving the artist in the overall project design
phase early on so that the work of art is well integrated with the site and/or buildings.
1. Developing Artwork Parameters. Before hiring an artist, some general parameters should be set to help guide artist
selection. Based on knowledge of the site and the project's design possibilities, a number of possible locations and
general types of art that would work for the project should be identified. Feedback should be sought on these ideas from
other staff, or the San Luis Obispo County Arts Council, as mentioned earlier. (See previous section, Generating Ideas
for Public Art in Capital Projects.)
2. Selection Strategies. Typically, an artist is selected in one of the following manners:
a. Request for Qualifications. A Request for Qualifications (RFQ) followed by a Request for Proposals (RFP) is
the most common method used for selecting an artist. The Public Art Manager will notify a current list of potential
artists and art organizations regarding the Call for Artists.
b. Sole Source. This approach reflects the fact that public art is fundamentally different from most other types of
public works. With art, we are looking for an individual expression or unique idea -- not price comparisons for one
plan or idea. In some cases, the Council or Public Art Manager may have a specific artist or type of art in mind,
and may choose to request a proposal from an individual artist without going through competitive selection. This
approach requires Council approval and needs to be clearly justified as to why competitive selection is not
needed or desirable, and how sole sourcing will better meet the City's objectives for the project.
c. Acquisition. Acquisition of an art piece that has already been completed by an artist may be appropriate in some
very rare circumstances. The purchase price and the cost of installation comes from the percent-for-art budget.
Council approval is required before this process may be used.
3. Policy statement on artist recruitment.
One of the City's goals is to promote the involvement of local artists and citizens in the public art program. In juried art
competitions of under $40,000 a residency requirement will mandate eligible artists reside within San Luis Obispo,
Monterey and Santa Barbara counties.
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Evaluating and Selecting Public Art
In cities throughout the U.S. there has been growing support for public art. However, some projects have been widely
criticized as being "plop art" -- elements simply "plopped" down without sensitivity to the site or to the people who use the
space. Understanding what to look for and integrating artists in the early stages of a project can help to avoid "plop art."
1. Public Works Department Review. Prior to beginning the jury review, the Public Art Manager arranges for the project
to be reviewed by appropriate staff in the Public Works Department. The purpose of this review is to uncover any
significant engineering or maintenance issues that may arise out of the placement of art or the choice of materials for
the artwork for the particular site. If the artwork is part of a larger construction project, it may be valuable to have the
project contractor present, as well. This information will be presented to the jury to help guide their decisions when
selecting a piece.
2. Selecting an Art Jury. The majority of City public art projects will use the Request for Qualifications (RFQ)
selection method. Art juries help staff evaluate the qualifications received and make a final selection to proceed
through the remainder of the approval process. The preferred approach is to create a five/seven-member jury for a
project. In some cases, a slightly larger jury may be necessary to accommodate all the parties impacted by the
artwork. Jury composition will vary depending on the type of art project but should include a selection of the
following, as appropriate:
• An Arts Council Member
• At least two professional artists
• A neighbor or representative of a neighborhood association when a neighborhood will be impacted by the project.
• A for-profit or non-profit business representative, preferably one whose business will be impacted by the project
• An educator/historian, or someone aware of the historical implications of the artwork in the community
• As appropriate, a member of the Parks and Recreation Commission, Downtown Association, the Cultural Heritage
Committee or the Mass Transportation Committee.
The San Luis Obispo County Arts Council can assist the Public Art Manager in contacting appropriate artists and
members of the Arts Council. In addition, the Public Art Manger has a current list of prospective jurors who have
indicated a desire to serve on an art jury.
3. The Jury Selection Process
a. Stage 1. Applications submitted in response to this RFQ will be reviewed by the Public Art Manager who will
then forward all complete and eligible applications received by the deadline to the selection committee (jury)
consisting of: San Luis Obispo County Arts Council member(s), local artist(s), interested community members,
City staff and a neighbor(s). Upon evaluating the qualifications provided in the applications, the jury will shortlist
three to five semi-finalists to be invited to participate in an RFP process as well as an interview and discussion of
project concepts. NO PROPOSAL FOR ARTWORK IS REQUIRED DURING THE STAGE 1 SELECTION
PROCESS.
b. Stage 2. (Only semi-finalists will be able to participate in Stage 2)
Those artists selected will each receive a $700.00 honorarium for travel expenses and the development of specific
concepts (up to three concepts per artist/team). As part of the process, prior to creating a concept design(s), each semi-
finalist/team will travel to the City of San Luis Obispo for a site visit and meeting with the Jury and City staff to
understand the opportunities and limitations within the site and to witness the local environment.
As a part of the Stage 2 Proposal, each semi-finalist/team shall provide a detailed, all-inclusive estimated budget
including costs associated with the fabrication and installation of the work including engineering, lighting and
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landscaping. Semi-finalists/teams will be given four (4) weeks to adequately undertake the Concept Proposal(s) and
estimated costs. The proposals may be publicly displayed for community viewing and response.
Project concepts will be evaluated on the following criteria:
• Understanding of the work required by the City
• Evaluation of artistic excellence
• Appropriateness of scale, form, material, content and
design relative to the site
• Relationship to the social, cultural and/or historical
identity of the site
• Appropriateness of proposed materials in regards to
structural and surface integrity, public safety and
weathering and its protection against theft and
vandalism
• Appropriateness of proposed method of installation of
artwork, and the safety and structural factor involved
in installation
• Ease of maintenance
• Evaluation of proposed budget and the artist’s ability
to successfully complete the project within the proposed
budget
• Experience in working on comparable projects
c. Final Selection. Following artist interviews and design
review of the top proposals, the jury selects a final design that then proceeds forward for review by the
appropriate Commissions/Committees, the Architectural Review Commission and final approval by the City
Council.
Design Review/Public Hearings
Planning Review
1. Review Steps. It is the Public Art Manager’s responsibility to initiate planning applications, submit plans, and ensure
that capital projects go through the required public hearings. The standard City policies apply to legal notice
requirements, appeals, and environmental review. For more information on these details, contact Community
Development Department staff. Typically, public art as part of capital projects follows these public review steps:
a. environmental review (typically Categorically Exempt and not required if public art proposal is in the interior
of a structure)
b. review by the Architectural Review Commission
c. final approval by the City Council
In special cases, the artwork will also require review by:
d. Planning Commission (if the overall project requires a use permit)
e. Parks and Recreation Commission (if in a City park)
f. Cultural Heritage Committee (if in Mission Plaza or other designated historical area)
2. Concurrent Review. It is preferable for the artwork to be designed, reviewed, and approved concurrently with the
capital project. This approach: 1) allows the artwork to be designed as an integral part of the overall project; 2) allows
the design, fabrication, and installation of the artwork under a single contract; and 3) is usually easier and more efficient
in terms of staff time and public review.
3. Separate Review. Sometimes, for reasons of design, funding or timing, it is necessary to plan the public art after the
Cheng Park
Dedicated 2007 by Alice LohHang Zhou
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main project design is completed. Although the general location and type of artwork should be decided during the
project planning stage, the actual design and implementation is then handled separately from the main project bidding
and construction. The best approach depends on the particular project, and the project manager needs to discuss
alternatives with department management and the Public Art Manager.
4.Architectural Review Commission and Other Commission Review. It is important for the Public Art Manager to
understand the role of the Architectural Review Commission (ARC) and other Commissions/Committees in reviewing
public art. The art jury has already selected the artistic design, and future review must respect the integrity of that
design. The ARC is charged with insuring that the proposed artwork meets the City’s Guidelines for Public Art (See
Appendix C) and that it is appropriate for the proposed location. Minor adjustments could be suggested, for example,
to make the location fit better. However, the ARC or any other City Committee or Commission should not become
involved with redesigning the actual artwork.
Artist Compensation
1.Methods of Payment. Artists can be paid on an hourly basis, with fixed payments tied to a performance schedule, by
lump sum, or on some other basis, similar to other types of consultants. Whatever the approach, payments should be
tied to a clearly defined and agreed upon schedule of performance. It is also customary to pay a retainer fee of 20-25%
of the total contract price upon awarding the contract. Any other terms or special conditions, such as a liquidated
damages clause, unforeseen costs or delays, and other provisions are negotiated on a case-by-case basis as necessary.
A modified version of the City’s standard contract should be used. See Appendix D for a sample artist contract
agreement.
2.Typical Payment Schedule. A typical artist's payment schedule will relate compensation to the value of work received,
as in the following example:
Award of Contract 25%
Mid-point of Contract 50% **
Acceptance of Completion 25%
** Depending on the type of art involved, different milestones can be set to establish when mid-construction payments
should be made, i.e., for a sculpture, when artwork goes to the foundry could be one phase, completion of foundry work
could be another. If an extensive construction design plan is needed, completion of that plan could be a payment
milestone.
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Public Art Installation
Like most other construction projects, public art requires plans and specifications. Although these may vary in terms of detail
and complexity, even the simplest art project requires plans and specifications, either included with a larger bid document being
issued for the entire capital project (if the construction contractor is responsible for installation) or a separate bid (if the artwork
is a free-standing project and being installed by someone other than the artist.)
1. Plans and Specifications - What's needed? Plans for public art projects require much of the same information as other
types of new developments. Depending on the type of public art, the following information is typical:
• Site Plan
• Grading Plan (if appropriate)
• Elevation/section drawings (if appropriate)
• Design, attachment, and/or fabrication details
• Structural Calculations
• Material and performance specifications
• Maintenance program
Each project is different, and the project manager will need to decide how much, and what type of information is needed
to successfully fabricate and install the artwork.
2. Plan Check, Permit and Inspections
a. No Building Permit Required. Most types of freestanding public art are treated as structures in the Uniform
Building Code, and require a construction permit; however, the City is not legally required to get a building permit
for its own capital projects.
b. Inspections. Any public art project that poses structural safety concerns should be reviewed by the Chief
Building Official for safety. Inspections are required to ensure that the project is built as approved.
(1) For small projects, like small sculptures, murals, or similar projects where structural safety is not a concern,
one building inspection is usually sufficient upon completion. The Public Art Manager also does a final
inspection when the project is complete.
(2) For larger or more complex projects, several inspections may be needed. It is the project manager's duty to call
Building and Planning staff to set up the inspections. If the inspector finds problems or changes from approved
plans, s/he sends a correction list to the project manager within 48 hours of the inspection. The project manager
then needs to coordinate with the artist, architect, and other staff members to resolve the "punch-list" items
before the City finally "accepts" the artwork and makes final payment for the work.
3. Final Acceptance. All new public art projects, whether freestanding or part of a larger capital project, require a final
acceptance by the Public Art Manager, acting on behalf of the City. After the art project has been signed off by all
inspectors, the Public Art Manager prepares a letter formally accepting the artwork. The letter documents completion
of the artwork, triggers artist and/or contractor payments, and allows the City to express thanks and congratulations to
key participants. The letter is signed by the Public Art Manager and the project manager and addressed to the
Community Development Director, with copies to the CM, project architect or engineer, project artist and contractor.
(See Attachment E for sample acceptance letter.)
Maintenance and Repair
Like most City facilities, public art requires maintenance and occasional repairs. Although the City's guidelines encourage
artworks requiring "little or no maintenance", artworks will vary in the amount of maintenance required, resistance to vandalism,
and ease of repair.
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1.Maintenance Record Form. It is essential that the artist and the City be clear about maintenance expectations up front.
Prior to final acceptance of the artwork, the Public Art Manager insures that the artist has completed a Maintenance
Record Form. A sample form is provided in Attachment F. The original copy of the form is kept by the Public Art
Manager and a copy is forwarded to the Public Works Department.
2.Maintenance Responsibility. The Public Works Department is
responsible for maintaining City facilities, and this includes all City-
owned or City-sponsored public art. Temporary artworks owned by
others but exhibited in City buildings or on City-owned land is the
responsibility of the owner, unless other arrangements are made by prior
agreement with the City. A list that identifies which Public Works
Department division is responsible for the maintenance of a particular
piece of public art is available from the City’s Public Art Manager.
3.Maintenance Cost. The public art maintenance fund covers the cost of
all public art maintenance. For this reason, it is important that Public
Works staff notify the Public Art Manager if maintenance of an artwork
is needed.
4.Types of Maintenance. City crews are responsible for:
a.Routine Maintenance. Such maintenance includes trash and graffiti
removal, cleaning, waxing, minor landscaping, replacing light bulbs,
and mechanical activities like tightening, adjusting, and oiling.
Frequency will vary by type of artwork, but bi-weekly or monthly
checks by maintenance staff during the normal course of their rounds
would be typical.
b.Cyclical Maintenance. Cyclical maintenance is done at regular, but
much less frequent intervals. It involves more extensive treatment
such as disassembly, inspection, and surface applications of
protective coatings (e.g. repainting). Because this work could
significantly affect the appearance and longevity of the artwork, it
may require special knowledge or skills. Before proceeding with the
work, staff should either:
(1) Consult the artwork's Maintenance Record Form for specific procedures, or
(2) Consult the artist or other competent art professional on use of cleaning compounds, paints, solvents, and
surface coatings.
c.Repair and Restoration. This involves the treatment of damaged or deteriorated artworks to return them to as
close to their original appearance as possible. Extreme care must be used to maintain the artistic integrity of the
artwork. The repairs must preserve the artist's intent in both design and materials. In many cases, such repairs
require the involvement of the original artist, or if that is not possible, an art conservator trained in art restoration.
Again, the artwork's Maintenance Record Form, prepared by the artist prior to final City acceptance of the artwork,
gives some guidance on this issue. The City has an ethical and legal responsibility to maintain the artistic integrity
of an artwork (Calif. Art Preservation Act, Cal. Civ. Code 987 (West Supp. 1985)). Improper maintenance and
repair methods can damage valuable artworks, and may trigger legal challenges by the artist.
Legal Issues
1.Ownership. In most cases, the City will own public art installed in connection with capital projects -- but not always.
For example:
Artist: Elizabeth MacQueen
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a. City-funded Public Art. Under the terms of the City’s contract with the artist, all City-funded art installed on City
property is owned by the City upon its completion.
b. Jointly Funded Public Art. Sometimes private funding may be used to augment City funds for public art on City
property. Due to the joint sponsorship, an "art agreement" is necessary between the City and other government
agencies or private sponsor that clarifies mutual roles, responsibilities, funding levels, and other terms.
2. Insurance Requirements
a. During Fabrication of Artwork. Because of the uniqueness of each piece of public art, the City’s Risk Manager
needs to be consulted to determine the appropriate type and level of insurance that must be carried by an artist
during the time the artwork is being fabricated and installed. As a service to the artist, the City currently offers an
insurance policy that can be purchased through the City. Cost of the insurance varies depending on the value and
scope of the artwork. The artist should be directed to the Risk Manager for a cost estimate and to complete
appropriate paperwork.
b. Upon Acceptance by City. Once a permanent artwork is formally accepted, the City assumes responsibility and
liability for the art.
3. Relocation, Alteration or Removal
a. Reasons for Relocation, Alteration or Removal. From time to time, permanent City-owned artworks may need
to be relocated, altered, or removed from public display. Reasons for such changes could be as follows:
(1) significant changes occur in the design or function of the site or facility where the artwork is located;
(2) to avoid damage to the artwork, e.g. during construction activities or as a result of vandalism, war or civil
unrest, natural disasters, and environmental pollution;
(3) to allow repairs or restoration that could not be effectively done in place;
(4) to improve public health, safety or welfare; or
(5) to promote the public interest and the City's Visual Arts in Public Places program goals.
b. Approval of Relocation, Alteration or Removal. As necessary as removal or relocation may seem, it should be
undertaken only after careful consideration and only as a last resort. Artworks are usually created for a specific
location, and changes may not be consistent with either the City's or the artist's original intent. Moreover, California,
New York, and Massachusetts have enacted laws establishing artists' "moral right" to protection of their work
against unauthorized alteration or destruction”. To ensure that all parties' needs and rights are considered, City
Council approval must be secured for the relocation, alteration, or removal of permanent, city-owned
artworks.
c. Contract Language on Relocation, Alteration or Removal. The Public Art Manager must make sure that:
(1) The artist's contract clearly acknowledges the City's rights to relocate, alter or remove the artwork, with or
without special conditions requiring written notice to the artist, prior artist permission, arbitration in the event
of a dispute, or other provisions;
(2) The City has the permanent addresses and phone numbers of the artist and at least one other responsible party
who can be contacted regarding relocation, alteration or removal. It is the responsibility of the artist to keep
this information current.
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Dedication of Artwork
Once installation of the artwork is complete, the Public Art Manager organizes a dedication ceremony that presents the piece
to the community and recognizes the artistic efforts of the artist. This may occur consecutively with the dedication ceremony
for the capital project or at a later date, if the artwork is completed after the capital improvement project.
“Roots of the Community” 2013
Artist: Joshua Wiener
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CITY PUBLIC ART PROGRAMS
Temporary Public Art and Pilot Programs
The purpose of the Temporary Public Art Pilot programs is to encourage the creative uses of public art throughout the
community through the promotion of opportunities, establishment of guidelines, and minimum maintenance requirements.
Developing Temporary Public Art Program Parameters
1.Developing Pilot Program Parameters. Develop general pilot program parameters to help guide program location and
artist(s) selection. Based on knowledge of the site and the project's design possibilities, a number of possible locations
and general types of art that would work for the project should be identified. Feedback should be sought on these ideas
from other staff, or the San Luis Obispo County Arts Council, as mentioned earlier. (See previous section, Generating
Ideas for Public Art in Capital Projects.)
2.Duration. Temporary Public Art should be limited in display for approximately five (5 years). Display of public art
beyond five years should require Council’s approval to convert a temporary public art to a regular ongoing
program/permanent art exhibit.
Evaluation of a Pilot Program
1.Evaluation Group. Once the pilot program parameters have been developed, the Public Art Manager solicits evaluation
from Public Works staff and local art organizations, such as Arts Obispo or the Downtown Association Design
Committee, to judge the merits of the pilot program.
2.Evaluation Criteria. The evaluation group applies the standard Guidelines for Public Art (Appendix B) in making a
determination that the proposed project is acceptable to the City and should move forward in the approval process.
3.Evaluation Criteria for Historical Locations. Programs proposed for areas of high historical sensitivity, such as an
approved Historical neighborhoods or Mission Plaza, shall receive the review and recommendation of the Cultural
Heritage Committee for consistency with historical context of the surrounding area. Projects that do not garner the
support of the respective Advisory Bodies will not proceed, unless appealed to City Council pursuant to Municipal
Code Section 1.20.
4.Evaluation Criteria for Architectural Review Commission. The Architectural Review Commission reviews the
proposal to assure that it meets the adopted Guidelines for Public Art. (Appendix B). Projects that do not garner the
support of the respective Advisory Bodies will not proceed, unless appealed to City Council pursuant to Municipal
Code Section 1.20.
5.Council Approval. Staff shall present the temporary public art design, as recommended by the Art Jury and Advisory
Bodies, to the City Council for final approval.
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UTILITY BOX ART PROGRAM
Background
In 2010, as part of the City’s Downtown Maintenance and Beautification project, the City
Council approved funding for the Utility Box Art pilot project. This temporary public art
pilot project was initiated by the City of San Luis Obispo with the support of the San Luis
Obispo downtown Association and Arts Obispo. Initially conceived as a graffiti abatement
measure to enhance unattractive utility/traffic control boxes at various high visibility
intersections in the Downtown core, widespread popularity of the box art program quickly
grew and enabled the pilot program expand.
The Utility Box Art Program was designed to use the funding for regular lifecycle maintenance of city assets in a creative
way. The program allowed for these street level artworks to add vibrancy to our cityscape, while creating a sense of place
and identity for our community through a resident art selection jury. These public artworks were not intended to be
permanent but as a temporary canvas through which artists and community members could express themselves and their
identity.
Since 2010, various painted utility/traffic control boxes have required maintenance upgrades, installation of necessary
battery back-up cabinets or repairs as a result of unanticipated damages which have had an impact on the artwork. In 2015,
updates to the City’s Public Art policy included the adoption of the Utility Box Art program a regular, ongoing public art
program. Additional program updates were identified in 2016 to clarify maintenance procedures for the artwork should the
utility/traffic control boxes require repairs, removal or modification, and to address expansion of the program, the life-span
of the artwork and proper archival methods for the box art murals.
The goal of the Utility Box Art Program is to encourage the creative uses of public art throughout the community through
the promotion of new artist opportunities to create works of art that contribute to the vitality and attractiveness of the
streetscape. Artwork on utility boxes function as a form of communication to a moving audience with the goal of creating
a vibrant, inclusive and interesting urban environment.
Program Details
1. Mission of Box Art Program: The primary mission of the “BOX ART” program is intended to invigorate the City
of San Luis Obispo for both residents and tourists alike through the incorporation of public art on traffic signal
utility boxes. The utility boxes serve as community “canvases” for original pieces of art, contribute to the vitality
and attractiveness of the city while deterring vandalism and graffiti.
2. Glossary of Terms: A Glossary of Terms for the Utility Box Art Program is provided as Exhibit A.
3. Box Specification: Dimensions of the large utility boxes are generally 5’4” H X 3’3” W x 2’,9” D. Dimensions of
the small utility boxes are generally 3’ H X 2’2” W x 1’6” D. Art should cover all exposed sides including the top.
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Utility box sizes may vary; selected artists must be willing to adjust designs to the box assigned. There are a total
of sixty-four (64) City-owned traffic signal boxes that are included in the Box Art Program. A map of City traffic
signal box locations is provided as Exhibit B.
4. Maintenance of Box Art Murals: The Public Art Program Manager shall prioritize the box art mural maintenance
needs on an annual basis. Utility Box Art murals shall be cleaned annually. Additional cleanings could be provided
through volunteer and partnership opportunities as available. To help protect the utility box art murals from the
environment and extend the life-span, the utility box art murals located outside of the Downtown Core (and
refreshed less frequently) shall be recoated with an anti-graffiti UV protectant sealant approximately every three
(3) to five (5) years as funding permits. Deaccessioned utility boxes on display as part of an archival program shall
be included in the box art maintenance program, cleaned and re-coated as needed to protect the integrity of the
artwork.
5. Duration of Box Art: Utility Box Art murals shall be on public display for a recommended period when the utility
box would then be eligible for refreshing of the box art mural. The replacement schedule of the exterior box art
murals shall be determined by both the extent of maintenance and/or repairs required and a box’s location.
a. Significant Repairs: Utility box art murals that are subject to significant repairs (such as but not limited to:
extensive graffiti, vandalism, damaged traffic signal casings, failure of the internal electrical components,
or subject to mechanical maintenance upgrades as referenced in Exhibit A) shall be reviewed on a case-by-
case basis by the Public Art Manager to determine the extent of repairs or replacement. Any boxes
identified for significant repairs should be designated for a subsequent Box Art painting phase.
a. Location: The duration of display for box artwork shall be subject to the box locations as follows:
1. Downtown Core (as defined by the SLO Downtown Association boundaries, Exhibit C): In effort
to promote vibrant tourism of the downtown core, the utility box art located within this area will
be refreshed approximately every three (3) to five (5) years as funding permits. The frequent
rotation of artwork in the downtown promotes economic vitality by attracting new and visiting
populations.
2. All Other City Locations: The utility box art murals located outside of the Downtown Core
boundaries, and in residential neighborhoods, shall be on display for an extended period of time.
The utility box art located in these areas shall be refreshed approximately every 10 years as
funding permits.
6. Utility Box Art Program Expansion: Program expansion shall include utility boxes that are not currently painted
with art. Each expansion phase of utility box art should consist of a recommended amount of utility boxes;
preferring fifteen utility box locations or less. These utility/traffic control box locations shall be determined by
Public Works and Public Art program staff, with input from community organizations such as the Downtown
Association, SLO Chamber of Commerce, Arts Obispo and neighborhood groups; as meeting one or more of the
following criteria for program expansion.
a. Criteria for Box Art Expansion:
i. Community engagement: The City shall facilitate public engagement opportunities seeking the
community’s input and prioritization for program expansion.
ii. Exposure: The level of pedestrian, bicycle and vehicle traffic surrounding the potential box
location shall be considered. Preference shall be given to box locations with the greatest exposure.
iii. Vandalism: Utility box locations that are routinely subject to vandalism and/or graffiti shall receive
consideration for subsequent program expansion.
iv. Proximity to other art in public spaces: Proximity of the traffic signal utility box location to other
community art. Preference shall be given where there is minimal public art in close proximity.
v. Ownership: Staff will evaluate both City-owned and privately-owned utility box locations.
Preference shall be given to 64 City-owned utility locations. The City will explore partnership
opportunities for program expansion to privately-owned utility box locations (such as electrical,
television and phone utilities).
7. Artist Eligibility: The Box Art program shall be open to individual artists, a team of artists or community groups
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with a designated lead artist who have the vision and skills required completing the project to the highest standards
of innovation and technical expertise. Qualifying applicants must reside in San Luis Obispo County. Artists should
carefully read the description of the project and Request for Proposals (RFP) and decide if the project is suitable to
their interests, capabilities and experience.
8. Public Works Department Review: The Public Works Department shall provide input in the development of the
Box Art RFPs before advertising. Prior to beginning the Art Jury review, the Public Art Manager shall arrange for
the proposals to be reviewed by appropriate Public Works Department staff. The purpose of this review is to
identify any significant engineering or maintenance issues that may arise out of the placement of art or the choice
of materials for the artwork for the particular site. If the artwork is part of a larger construction project, it ma y be
valuable to have the project contractor present, as well. This information will be presented to the Art Jury to help
guide their decisions when selecting an art design and
location.
9. Selecting an Art Jury: Art Jurors evaluate the artist
qualifications and box art proposals received and make
a recommendation for selection. The preferred
approach in assembling an Art Jury is to create a
five/seven-member selection committee for the Box Art
project. The Art Jury, consisting of volunteers from
Arts Obispo, SLO Downtown Association, San Luis
Obispo Chamber of Commerce, local artist(s),
interested community member(s), City staff and a box
art neighbor(s). A neighbor or representative for each
of the affected neighborhoods for the traffic utility
boxes will be selected for an Art Jury. Art Jury names
shall be included in the staff reports.
10. The Jury Evaluation Process: Box Art proposals
submitted in response to a Box Art RFP will be
reviewed by the Public Art Manager who will then forward all complete and eligible applications received by the
deadline to the Public Works Department for review. Following this internal review, proposals shall be provided
to the Art Jury for evaluation.
a. Evaluation Criteria: The criteria used to select eligible artists and designs shall be in accordance with the
approved Guidelines for Public Art (Appendix B) and in meeting the criteria as follows:
1. Evaluation of artistic excellence
2. Appropriateness of scale, form, content and design
3. Relationship to the social, cultural and/or historical identity
4. Experience in working on comparable projects
5. Artists (or lead artist of a team) must reside in San Luis Obispo county
The Art Jury will evaluate all complete, eligible, Box Art proposals received by the deadline. If the number of
qualifying applications does not meet the number needed; City staff and/or the Council may decide to reopen the
selection process. Upon evaluating the qualifications provided in the Box Art proposals, the Art Jury will
recommend to the appropriate Advisory Bodies the artist designs, totaling the amount of utility/traffic control boxes
within a phase, and location.
11. Guidelines and Review Process for Public Art: The adopted Guidelines for Public Art (Appendix B) will apply in
making a determination that the proposed project is acceptable to the City and should move forward in the selection
and approval process. Box art designs and locations, as recommended by the Art Jury, shall be reviewed by the
appropriate Advisory Bodies. The Cultural Heritage Committee (CHC) shall review for consistency with historical
context of the surrounding area and the Architectural Review Commission (ARC) to ensure the design meets the
adopted Guidelines for Public Art. Designs that do not garner the support of Advisory Bodies shall not proceed,
unless appealed to City Council pursuant to Municipal Code Section 1.20. Staff shall present the final recommended
Box Artist: Colleen Gnos (Before and After)
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designs and locations to the City Council for final approval.
12. Artist Selection and Contract: Following the City Councils’ approval, the Public Art Manager shall enter into a
public art contract agreement with the selected artists for the installation of utility box art. The Utility Box Art
Artist Agreement is provided as Appendix O.
13. Artists’ Stipend: Selected artists shall be compensated for the application of their
artwork and designs. Stipends are based upon the size of the utility box. The
stipend amount shall be all-inclusive and cover costs incurred by the artist in the
course of designing and installing the artwork. In addition, artists may apply for
reimbursement of materials, with original receipts. A maximum value of
reimbursement shall apply. The final selected artists will also receive an
honorarium upon the completion of their artwork for their conceptual renderings.
The approved artist stipend amount (as referenced in Exhibit A) shall be reviewed
and updated prior to each Box Art phase.
14. Media and Materials Guidelines: The Media and Material Guidelines is provided
as Exhibit D. These guidelines identify the prerequisite materials such as paints,
primers and sealants required for the exterior box art murals. The approved Media
and Materials Guidelines shall be reviewed and updated prior to each box art phase.
15. Permitting: The selected Artists are required to obtain a no-cost Encroachment
Permit through the City’s Community Development Department prior to the
painting of the utility box art mural.
16. Maintenance, Repairs, Modification of Utility/Traffic Control Boxes: The Public
Works Department is responsible for maintaining City facilities, which includes
all City-owned or City-sponsored public art. The City reserves the right to modify
or remove artwork should a utility/traffic control box require maintenance,
modifications or repairs as a result of unanticipated damages. Should this occur,
the City shall provide public notification consistent with the City’s adopted Public
Engagement and Notification policies regarding the affected public art. The City
shall notify the affected artist(s) and provide him/her the opportunity to repair the
affected mural. Should the artist be unable to repair the mural, the box art would
be eligible for new public art in the subsequent phase of Box Art. Should the
timing of the subsequent Box Art phase be greater than one year, the utility/traffic
control box shall be reverted back to the standard utility/traffic control box color
until it can be incorporated into the next phase of painting.
17. Archival and Deaccessioning of Box Art Murals: At the end of either the pre-
determined artwork lifespan, or the deaccessioning of the utility boxes as a result
of maintenance/repairs/relocation, the artwork shall be archived in a way to
preserve the integrity and historical context of this public art program.
a. Archival: The preservation of the box art murals shall include both print
and electronic preservation that is accessible to the public. Print materials
for the purpose of archival could include, but are not limited to, brochures,
interactive coloring books, postcards, books, etc. Electronic archival
could include, but are not limited to, digital images, virtual tours or
database available via the City’s website.
b. Deaccessioning: In instances where the physical utility box is decommissioned and no longer in use, the
public art program shall identify and recommend options for the relocation and continued display of the
public art mural. Deaccessioning of the utility boxes could include, but is not limited to, a box art memorial
garden or an “adopt-a-box” program which would provide for ongoing public display of the artwork. The
public art program shall incorporate the maintenance of any deaccessioned boxes on display as part of the
maintenance program, unless otherwise specified.
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BOX ART PROGRAM EXHIBITS (included in Public Art Policy as Appendix O)
Exhibit A – Glossary of Terms
Exhibit B – City-Owned Traffic Signal Utility Box & Box Art Map
Exhibit C – Downtown Association Boundary Map
Exhibit D – Media and Materials
Box Art Program Policies Adopted by City Council as amended on July 19, 2016
Box Artist: Robert Maja
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PRIVATELY FUNDED ART IN PUBLIC PLACES
An important source of public art is that which is privately funded, but located in a public place. Usually, such works are
commissioned by an individual, a group of individuals, a non-profit organization or a business or corporation. Whatever
may be the reason for the offer of public art to be placed on City property, the offer triggers the following process.
Submittal of a Proposal
1.Submittal Form. All proposals for privately funded public art placed on City property are submitted to the Public
Art Manager on the Application for Privately Funded Public Art (Appendix H). The form must be accompanied by
drawings, models, photographs or any other graphic depiction that will help to clearly define the artwork. All
proposals must be for original works of art. (See Introduction – What is Public Art?)
2.Solicitation of Competitive Proposals. When a proposal is submitted, whether by a patron or by an artist, it is not
necessary for the City to solicit additional competitive proposals for the same location from other artists.
Evaluation of a Proposal
6.Evaluation Jury. Once the proposal is received by the Public Art Manager, s/he calls
together a jury from a standing pool of resource individuals to judge the merits of the
proposal. (See
Selecting an Art Jury, pg. 8)
7.Evaluation Criteria. The jury applies the standard Guidelines for Public Art
(Appendix B) in making a determination that the proposed project is acceptable to
the City and should move forward in the approval process.
3.Evaluation Criteria for Historical Locations. Projects proposed for areas of high
historical sensitivity, such as Mission Plaza and surrounding area, should be given
the closest possible scrutiny to determine if the project would be an enhancement to
the area. Projects which do not garner the unanimous support of the jury will not
proceed.
4.Appeal Process. If the jury rejects a proposal, the patron has the right to appeal this
decision to the City Council in accordance with the appeals procedures in Section
1.20.020 of the Municipal Code. The jury’s findings and rationale for rejecting the
project will be made available to the Council when considering the appeal.
Approval of a Proposal
1.Approval Process. Once a privately funded project is recommended for placement on City-owned property, it will
be reviewed by the following departments and City advisory bodies. The Public Art Manager acts as the project
manager for all such projects and is responsible for "shepherding" them through the following approval stages. It
should be noted that, with the exception of the first step, this is the same approv al process used for City-
sponsored public art (a more detailed explanation of this process can be found in Part One – Evaluating and
Approving Public Art).
a.The Public Art Manager reviews the proposed project to assure that it complies with the City's Dona tion
Acceptance Policy. (Appendix G).
b.The Public Works Director or his designee(s) reviews the proposal to insure:
Artist: Paul Reyburn
Private Art In Public Space
547 Marsh Street, SLO
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▪that the artwork's placement will not create undue difficulties for maintenance of
the surrounding area.
▪that the proposed materials are durable and will not create significant
maintenance problems for the artwork itself.
▪that any engineering or structural concerns are addressed
c.The Risk Manager and the Public Works Department reviews the proposal to assess whether or not it
provides undue risks or safety issues.
d.The Architectural Review Commission reviews the proposal to assure that it meets the adopted Guidelines
for Public Art. (Appendix B)
e.In some cases, proposals may take additional review because of their nature, design or location.
2.Council Approval. Ultimately, the City Council provides final approval of the proposal.
*See Appendix G for a flow chart of the process.
Contract Preparation
Upon conceptual approval of the project by the Cit y Council, the patron and the City sign a contract establishing the
terms of the proposed installation of privately funded public art in public places. The Council should be asked to
delegate authority to sign the contract to the CM as part of the concept ual approval process. Appendix C contains a
sample contract that should be adapted, as necessary, and used for this purpose.
Issuing of Permits
The donor is directed to prepare plans and specifications for the artwork or the Public Art Manager may see k approval
from Council to use public art funds for plans and installation costs. See Part One - Public Art Installations, for the
process to be followed for permitting and installation of the public art project.
Labeling of Artwork
1.Plaque. The donor is directed to purchase and install a plaque for the artwork or the Public Art Manager may seek
approval from Council to use public art funds for the plaque. If the donor wishes to purchase and install the plaque,
the following standard format must use in order to avoid the use of donated public art for advertising purposes.
•title of artwork
•artist's name
•patron's name
•date of completion
•material(s) used (optional)
•short explanation of work (optional)
2.Deviation from Standard Plaque. All requests to deviate from the standard plaque are made to the City Manager
or their designee. Should the City Manager or his/her designee deny the proposed deviation, the patron may appeal
this decision to the City Council in accordance with the appeals procedures in Section 1.20.020 of th e Municipal
Code.
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Final Acceptance
1.Maintenance. The Public Art Manager provides the Public Works Department with a City's Public Art
Maintenance Record Form (Appendix N). See Part One - Maintenance and Repair, for additional information.
2.Inspection and Acceptance. All donated projects on public property must have final inspection approval by the
City's Building Division and by the Public Art Manager. See Appendix E – Final Acceptance.
3.Ownership. Upon completion, the artwork becomes the property of the City.
Dedication of Artwork
Once installation of the artwork is complete, the Public Art Manager organizes a dedication ceremony that presents the
piece to the community and recognizes the artistic efforts of the artist.
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MATCHING GRANTS FOR PUBLIC ART
When the Visual Arts in Public Places program was adopted in 1990, it included a section which established a matching
grant fund to encourage the inclusion of public art in private construction projects. The program was seldom used and in
2000, with the passage of Ordinance No .1372 requiring public art in privately-funded, non-residential projects, the
matching grant program was rescinded.
In 2005, with receipt of the two requests for matching funds, and recognizing the benefits of le veraging public and private
dollars, staff felt a matching fund component to the public art program might be an excellent way to expand public art
opportunities within the City, especially during a time of limited fiscal resources.
According to the Resolution No. 9656 (see Appendix I), projects seeking matching grant funds will require City Council
approval, consistent with the City’s Donation Acceptance Policy. Furthermore, projects eligible for matching grant funds
should provide a clear public benefit and advance the City’s public art goals. The resolution requires that Council determine
the appropriate level of matching funds up to a dollar-for-dollar level for each request.
Grant Criteria
The council will use the following criteria in evaluating funding requests:
a.Artwork shall be located 1) on publicly owned property or right -of-way, or 2) on private property if the
artwork is secured through a public art easement,
b.Artwork should promote the City’s Goals and Objectives of the Public Art Program
c.The applicant has demonstrated sufficient experience and ability to successfully complete the public art
project.
d.Projects which make creative and efficient use of resources will be given preference
e.Artwork shall be consistent with the City’s Public Art Guidelines
f.Artwork designed and/or sponsored by a San Luis Obispo resident, business or organization will be given
preference.
g.The City shall be named as an additional insured and indemnified during construction and installation of the
public artwork.
h.Permanent artwork receiving City funds shall become City property.
Summary of the Process
It should be noted that, with a few exceptions, this is the same approval process used for City -sponsored public art
(a more detailed explanation of this processes can be found in the section titled City Funded Public Art).
1.A proposal for matching grant funds is submitted to the Public Art Manager. The proposal must include: description
of proposed work, materials/size, location and requested dollar amount of grant. All proposals must be for original
works of art.
2.Council approves recommendation for matching grant request.
3.Public Art Manager solicits artist's qualifications and/or proposals.
4.Public Art Manger appoints an art jury.
5.Artist/artwork is selected by jury.
6.Proposed artwork is reviewed by Public Works staff, as appropriate.
7.Proposed artwork is reviewed by the Cultural Heritage Committee (CHC), the Parks and Recreation Commission (PRC)
and/or the Mass Transportation Committee (MTC), as appropriate.
8.Architectural Review Commission (ARC) approves artwork and forwards recommendation to City Council.
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9.City Council approves artwork.
10.Public Art Manager prepares public art contract.
11.Public Art Manager receives matching dollars from applicant.
12.Public Art Manager secures planning/construction permits and works with artist to fabricate artwork.
13.Artwork is installed.
14.Public Art Manager inspects the artwork and compiles the maintenance information.
15.Final inspection approval by the City's Building Division
16.Upon completion, the artwork becomes the property of the City.
17.Once installation of the artwork is complete, the Public Art Manager organizes a dedication ceremony that presents
the piece to the community and recognizes the artistic efforts of the artist.
*See Appendix J for a flow chart of the process.
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PUBLIC ART IN PRIVATE DEVELOPMENT
On August 15, 2000, the City Council passed an Ordinance Relating to Public Art in Private Development. The ordinance is
designed to further enhance the aesthetic environment of the City by requiring private property owners and developers to
incorporate a piece(s) of art in new developments or substantially improved developments in the City, or voluntarily elect to
purchase a piece of art and donate it to the City or pay a public art in-lieu fee. (See Appendix K for enabling legislation.) The
Public Art in Private Development program is designed to allow the applicant some flexibility in meeting the requirements of
the ordinance.
If the applicant chooses to incorporate a piece of public art into the project, s/he may choose to send out a Request for Proposals
(RFP), a Request for Qualifications (RFQ), or purchase an already existing piece of art. While this is the sole responsibility of
the developer, the Community Development Department assists by informing the applicant of options and opportunities,
providing a packet of resources and the name and phone number for the Art Council’s Art in Public Places committee chair,
who will guide the applicant through the RFP/RFQ process, if so desired.
The following sections provide details for processing public art in private development, including 1) placement of public
art on private property, 2) accepting public art donated to the City by a private developer, and 3) payment of the art in-lieu
fee.
Placement of Public Art In Private Development
1.Application Process
An application for placement of public art on
private property is submitted to the Community
Development Director and must include the
following (see Appendix L, section A):
a.Preliminary sketches, photographs or other
documentation of sufficient descriptive clarity
to indicate the nature of the proposed public
art, including an accurate description of the
colors and materials to be used.
b.An appraisal or other evidence of the value of
the proposed public artwork, including
acquisition and installation costs.
c.A site plan clearly showing the location of the
public art and its relation to pedestrian paths of
travel on the site and in the vicinity, including
adjacent rights-of-way.
d.An elevation or perspective rendering showing
the streetscape view of the public art,
including the street elevations of adjacent
properties.
e.A narrative statement to demonstrate that the
public art will be displayed in an area open and
freely available to the general public, or that public accessibility will be provided in an equivalent manner based
on the characteristics of the artwork or its placement on the site.
f.Draft covenants, conditions and restrictions (CC&Rs) (see Appendix N), to be recorded with the County
Thiessen Design – Higuera Plaza
Private Development Art
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Recorder, which require the property owner, successor in interest, and assigns to:
(1) Maintain the public art in good condition as required by the City’s Guidelines for Public Art.
(2) Indemnify, defend and hold the City and related parties harmless from any and all claims or liabilities
from the public art, in a form acceptable to the City Attorney.
(3) Maintain liability insurance, including coverage and limits as may be specified by the City’s Risk
Manager.
*See Appendix M for flow chart of the process.
2.Approval for Placement of Public Art on Private Property
a.The Community Development Director forwards the completed application to the Public Art Manager who
convenes a public art jury to review the proposed art using the adopted Guidelines for public art and selection
criteria. (Appendix B)
b.Upon recommendation of the public art jury, the public art application is forwarded to the Architectural Review
Commission for review as to consistency with the Guidelines for public art. (Appendix B)
c.All approvals for placement of public art on private property will be obtained prior to issuance of a building
permit.
Public Art Donated to the City by a Private Developer
1.Application Process
An application for public art donated to the City by a private developer is submitted to the Community Development
Director and must include the following (see Appendix I, section 3):
a.Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature
of the proposed public art, including an accurate description of the colors and materials to be used.
b.An appraisal or other evidence of the value of the proposed public artwork, including acquisition and installation
costs.
c.A written agreement executed by or on behalf of the artist who created the public art that expressly waives his
or her rights under the California Art Preservation Act or other applicable law. (See Appendix H)
2.Approval of Public Art Donated to the City by a Private Developer
a.Prior to the issuance of grading and building permits, the applicant presents the application for acceptance of
public art donated to the City to the Community Development Director for review.
b.The Community Development Director forwards the completed application to the Public Art Manager who then
convenes a public art jury to review the proposed public art using adopted Guidelines and public art selection
criteria. (Appendix B)
c.Upon recommendation of the public art jury, the public art application is forwarded to the Architectural Review
Commission for review as to consistency with the adopted Guidelines for Public Art. (Appendix B)
d.Upon the recommendation of the Architectural Review Commission, the application is forwarded to the City
Council, which has the sole authority to accept, reject or conditionally accept the donation.
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Payment of Art In-Lieu Fee
If the payment of an art in-lieu fee is voluntarily elected, the minimum cost of the public art, including installation, is
determined by the amount equal to one-half of one percent (.5%) of that portion of the total construction costs in excess
of $100,000, not to exceed $50,000 for each building permit. (See ordinance, Appendix K)
Certificate of Occupancy
1.A Certificate of Occupancy requires full compliance with one of the following:
a.The approved public art has been placed on the site of the approved project, in a manner n satisfactory to the
Chief Building Official and the Public Art Manager.
b.Donation of the approved public art has been accepted by the City Council.
c.Public art in-lieu fees have been paid.
2.If public art has been placed on the site of the approved project, the applicant must execute and record with the County
Recorder covenants, conditions and restrictions (CC&Rs), which require the property owner to adhere to the following
guidelines. (Appendix N)
a.Maintain the public art in good condition as required by the City’s Public Art Guidelines.
b.Defend and hold the City and related parties harmless from any and all claims or liabilities from the public art, in a
form acceptable to the City Attorney.
c.Maintain liability insurance, including coverage and limits as may be specified by the City’s Risk Manager.
Ownership of Public Art
1.All public art placed on the site of an applicant’s project remains the property of the applicant, as does the obligation to
provide all maintenance necessary to preserve the public art in good condition.
2.Maintenance of public art includes preservation of the artwork in good condition to the satisfaction of the City,
protection of the public art against physical defacement, mutilation or alteration and securing and maintaining fire and
extended coverage of insurance and vandalism coverage in an amount to be determined by City’s Risk Manager. Failure
to maintain the public art will be declared to be a public nuisance.
3.If the owner fails to maintain the public art or fails to meet appropriate insurance requirements, upon reasonable notice,
the City may perform all necessary repairs and maintenance or purchase insurance, and the associated costs become a
lien against the real property.
4.All artwork donated to the City becomes the property and responsibility of the City upon acceptance by the City Council.
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Removal or Alteration of Public Art
1.Public art installed on or integrated into a construction project cannot be removed or altered without the approval of the
City Council.
2.If any public art provided on a development project is knowingly removed by the property owner without prior approval,
the property owner will be required to contribute funds equal to the development project’s original public art
requirement to the City’s Public Art In-Lieu account, or replace the removed artwork with one that is of comparable
value and approved by the City Council. The City may, in addition, pursue any other available civil or criminal remedies
or penalties.
Use of Public Art In-Lieu Funds
Per the Ordinance relating to public art in private development, in-lieu fees are deposited in an account maintained by the City
Finance Director and with Council approval may be used for acquisition, installation, and improvement of public art as well as
equipment and supplies that support the program.
Movimiento Mundial (World Movement) – 2012
Muralist Robert Maja
SLO City/County Public Library Grant Partnership
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APPENDICES A - O
A. Resolution 6811 – Adopting Visual Arts Program
B. City Funded Public Art Process Flow Chart
C. Guidelines for Public Art
D. Sample Artist Contract
E. Public Art Final Acceptance Letter
F. Application to Donate Art to the City
G. Privately Funded Art Process Flow Chart
H. Privately Funded Public Art Application and Waiver
I. Resolution 9659 – Adopting Matching Grants for Public Art Program
J. Matching Grants for Public Art Flow Chart
K. Ordinance 1372 – Adopting Public Art in Private Development Program
L. Planning Application Checklist & Planning Application for Private Development
M. Privately Funded Public Art Process Flow Chart
N. Public Art Maintenance Record & Public Art Maintenance Covenant
O. Box Art Program Exhibits A-D (Glossary, Box Art Map, Downtown Boundary Map, Box Art Media & Materials)
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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APPENDIX A
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CIP Review Committee
Recommendations
(the recommendations includes
project/site and funding for the two
year financial plan)
Council Approves
Recommendations
ArtsObispo
Arts In Public Places Committee
Recommendations
Public Art Manager decides
order of projects to be
completed
(typically 2 per fiscal year)
PROJECT #1 RFQ / Call For Artists
RELEASED
(RFQ reviewed by PW & CDD public art
team members)
*All projects typically have the same
process for completion
Jury Review
(PW or CDD public art
team member on jury)
Finalist Selected
Public Art Manager submits
Planning Application with
supporting documents (see
Planning App. Section C)
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
CDD staff
routes to other
Departments
as needed
Council Approves Artwork
Public Art Manager secures
contract with artist
Public Art Manager works with artist on
plan check and permitting
Artwork
Installed
PUBLIC ART REVIEW PROCESS
City Funded Public Art
APPENDIX B
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C:\Documents and Settings\sbates\Local Settings\Temporary Internet Files\OLK92\Guidelines for Public Art Revised final draft 10808.doc
GUIDELINES FOR PUBLIC ART
Architectural Review Commission Criteria
1. Publicly funded public art shall be located within the public right-of-way, a public building or
otherwise shall be easily visible or accessible from a public right-of-way. Interior locations for
public art are permitted, and shall be freely open and accessible to the public.
2. Privately funded public art shall be located on privately owned land or buildings which are places of
high visibility to the public. Such places shall be in exterior locations, and not within buildings. If
privately funded public art is donated to the City, Guideline No.1 above applies to location of art.
3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to
potential conflicts with present or future vegetation or construction.
4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social
and cultural characteristics, architectural scale, materials, land use, and geographical and
environmental context.
5. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict
with public or private easements.
6. Consideration shall be given to any public safety or public health concerns created by the artwork.
7. Public art shall be integrated with the site and/or building, and include landscaping, lighting,
interpretive information and other amenities where appropriate.
8. Public art shall be securely installed.
Public Art Jury Criteria
1. Public artwork shall be original and of high artistic quality and shall not include any signage or other
advertisement or logo, literal or abstract.
2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social
and cultural characteristics, architectural scale, materials, land use, and geographical and
environmental context.
3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information
and other amenities where appropriate.
4. Permanent public art shall be constructed of durable, high-quality materials and require minimal or no
maintenance. Temporary public art shall be constructed of materials appropriate to its duration of
public display.
5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or
obvious poor taste are inappropriate.
Other Review Criteria
Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be
given the closest scrutiny, including input from the Cultural Heritage Committee, before approval by the
jury.
APPENDIX C
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Contract No.
1
AGREEMENT FOR COMMISSION OF PUBLIC ART WORK
THIS AGREEMENT is entered into this XX day of XXXX, 200X, by and between
the City of San Luis Obispo, a charter city and municipal corporation (hereinafter
the “City”), and XXXXXX (hereinafter the “Artist”).
R E C I T A L S
WHEREAS, on [date], the City requested proposals for the design and
fabrication of artwork in accordance with the specifications in the proposal
package dated _______________ for _____________ [specify project]); and
WHEREAS, the Artist’s proposal was reviewed and approved by the
Public Art Jury and the Architectural Review Commission in accordance with San
Luis Obispo Municipal Code Chapter 17.98; and
WHEREAS, on [date], the City Council approved of the Artist’s proposal
recommended by the Public Art Jury and the Architectural Review Commission;
and
WHEREAS, the Artist is a recognized professional artist, and the City
acknowledges sufficient familiarity with the style and quality of the Artist’s work,
and; the City desires the Artist to create an original work of art entitled
“___________” (“the Work”) for location at ____________________ (“the Site”).
The Artist’s concept design (“the Proposal” which shall be attached as Exhibit
“A”), has been reviewed and approved by the City.
NOW, THEREFORE, the City and the Artist, for the consideration and
under the conditions hereinafter set forth, agree as follows:
APPENDIX D
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Contract No.
2
ARTICLE 1: SCOPE OF SERVICES
1-1 GENERAL
(a) The Artist shall perform all services and furnish all supplies,
materials, artist and agent travel, and equipment as necessary for the
design, execution, fabrication, transportation, and installation of the Work
at the Site with the exception of the foundation, and in accordance with the
terms in this Agreement.
1-2 REVIEW OF THE PROPOSAL
(a) The Artist or designee has prepared and submitted to the City
artwork specifications and presentation drawings of the Work in elevation
and plans, containing the following items, which shall be the “Proposal”.
i. One copy of a written description and technical
specifications of the Work including the following information:
•A professional resume;
•References;
•Approach to project;
•Graphic rendering;
•Estimated budget;
•Maintenance and Conservation Form;
•Work plan and Production Schedule;
•Proposed list of subcontractors (those known to date);
•Other information about the Work as may be
reasonably required by the City in order to certify the
compliance of the Work with applicable statutes and
ordinances. Said exhibits will become the property of
the City upon submission by the Artist. Upon request
by Artist, the City shall promptly furnish all available
exhibits in connection with said submission at the
artist’s expense.
APPENDIX D
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Contract No.
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(b) Upon approval by the City Council and written direction to move
forward, the Artist shall commence with fabrication, transportation, and
installation of the Work at the Site.
(c) The City may require the Artist to make such revisions to the
proposed Work as are necessary for the Work to comply with applicable
statutes, ordinances, or regulations governing the project.
(d) The City may require revisions of the Work for practical (non-
aesthetic) reasons.
(e) The Artist fee may be equitably adjusted for any increase or
decrease in the Artist’s cost of, or time required for, performance of any
revisions pursuant to this Section 1-2. Any claim of the Artist for
adjustment under this paragraph must be presented to the City in writing
within thirty (30) days after the date of the revision by the Artist.
(f) Within thirty (30) days after receipt of the Artist’s revisions, pursuant
to this Section 1-2, the City shall notify the Artist of its approval or
disapproval of such revisions. The City may require the Artist to submit
additional revisions until such revisions are accepted by the City.
Revisions made and accepted by the City pursuant to this Section 1-2
become a part of the final design, technical specifications and fabrication
and installation schedule of the Work, which shall be attached to this
Agreement as Exhibit “B”.
APPENDIX D
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Contract No.
4
1-3 EXECUTION OF THE WORK
(a) Pursuant to Section 1-2 above, the Artist shall commence
fabrication of the Work, in accordance with such schedules. Although the
schedule may be amended by written agreement between the City and the
Artist, it is agreed that the Artist shall perform all of the obligations under
this contract on or before XXXXXXXX.
(b) The City shall have the right to review the Work at reasonable times
during the fabrication. The Artist shall submit to the City progress reports
in accordance with the schedule required by Section 1-2.
(c) The Artist shall complete the fabrication and installation of the Work
in substantial conformity with the approved Proposal.
(d) The Artist shall present to the City, in writing, for further review, any
“significant changes” in the scope, design, color, size, material, or texture
of the Work not permitted by or not in substantial conformity with the
Proposal. A “significant change” is:
i. Any material change in the scope, design, color, size,
material, texture, or location of the Work on the Site;
ii. Any material change in the Work that affects installation,
scheduling, site preparation, or maintenance for the Work; or
iii. Any change in the concept of the Work as represented in the
accepted proposal.
APPENDIX D
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Contract No.
5
(e) If changes reviewed by the City are not approved, the Artist will not
resume the Work nor resume the payment schedule until changes to the
Work are reviewed and approved by the City.
1-4 DELIVERY AND INSTALLATION
(a) Prior to commencement of work at the Site, the Artist shall notify
the City of schedules for installation. The Artist shall be responsible for all
expenses, labor, and permits.
(b) Prior to delivery of the Work, the Artist shall notify the City in writing
when fabrication of the Work is completed and the Artist is ready for
delivery of the Work to the Site.
(c) The Artist shall provide for completion of the Work in compliance
with appropriate codes and the approved schedule.
1-5 POST INSTALLATION
(a) Within thirty (30) days after the installation of the Work, the Artist
shall furnish the City with the following documentation of the Work as
installed:
i. One set of digital photographs of the completed Work, one
taken from each of three different view points;
ii. The City shall have the right to duplicate and distribute for
any noncommercial purpose the artwork documentation
supplied by the Artist under this Agreement;
iii. The Artist shall be available at such time or times as may be
agreed between City and Artist to attend any inauguration or
APPENDIX D
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Contract No.
6
dedication ceremonies relating to the transfer of The Work to
the City. The City shall use its best efforts to arrange for
publicity for the completed work in such art publications and
otherwise as may be determined between the City and the
Artist as soon as is practical following installation.
(b) Upon execution of the Agreement, the Artist shall provide the City
with written instructions for appropriate maintenance and preservation of
the Work.
1-6 FINAL ACCEPTANCE
(a) The Artist shall advise the City in writing when all services required
under this Agreement have been completed in substantial conformity with
this Agreement.
(b) The City shall notify the Artist in writing of the final acceptance (or
nonacceptance) of the Work.
(c) Final acceptance shall be effective as of the earlier of the following
dates:
i. The date of the City’s notice of final acceptance; or
ii. The 30
th day after the Artist has sent written notice to the
City required under Section 1-6(a) unless the City, upon
receipt of such 30-day notice and prior to the expiration of
the 30-day period, gives the Artist written notice specifying
and describing the services, which have not been
completed.
APPENDIX D
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Contract No.
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1-7 RISK OF LOSS
The risk of loss or damage to the Work shall be borne by the Artist until final
acceptance, and the Artist shall take such measures as are necessary to protect
the Work from loss or damages until final acceptance.
1-8 INDEMNITY
Upon final acceptance of the Work, the Artist shall indemnify and hold the City
and its elected officials, employees, and/or agents harmless from any and all
claims or liabilities then existing or arising thereafter from the Artist’s negligence
or willful misconduct in connection with the Work.
1-9 TITLE, ASSIGNMENT OF ROYALTY RIGHTS, AND WAIVER
(a) Title to the Work shall pass to the City upon final acceptance. The
Artist hereby assigns the right to collect any royalty payment provided by
Civil Code section 986(a) to the City and to the City’s assigns.
(b) Except as expressly provided below, the City shall not intentionally
damage, alter, modify, or change the Work without the prior written
consent of the Artist.
(c) The Artist acknowledges and agrees that the City may require the
Site for purposes other than the display of the Work. The City agrees that
it will notify the Artist of any proposed alteration of the Site that would
require the removal or relocation of the Work or affect the intended
character and appearance of the Work and will consult with the Artist in
the planning and execution of any such removal, relocation, or alteration
and will make a reasonable effort to maintain the integrity of the Work.
APPENDIX D
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Contract No.
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(d) The Artist acknowledges and agrees that the City retains the right
to relocate or remove the Work from public display for any reason, at the
sole discretion of the City. Reasons for removing the Work from public
display shall include, but not be limited to: hazards to public health, safety
or welfare; unsightly or deteriorated conditions of the Work; or the need to
access, repair and maintain public facilities.
(e) Except as provided above, the Artist expressly waives, for himself
and his successors in interest, to the greatest extent allowed by law, any
rights he or she may have under California Civil Code sections 986, 987,
988 and 989.
ARTICLE 2: COMPENSATION AND PAYMENT SCHEDULE
2-1 AGREEMENT AMOUNT AND PAYMENT
(a) The City shall pay the Artist an amount not to exceed $XXXX,
which will constitute full compensation and payment for all services to be
performed under this Agreement including execution, fabrication, artist
and/or agent travel, transportation, and installation. Payment shall be
made in accordance with Schedule included in Proposal.
Commencement of Fabrication
Twenty-five percent (25%) ($XX,000.00) of the payment upon
execution of Agreement.
Midpoint of Agreement
Fifty percent (50%) ($XX,000.00) of the payment upon completion
of 50% of the work as determined by the Public Art Coordinator.
APPENDIX D
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Contract No.
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Final Acceptance
Twenty-five percent (25%) ($XX,000.00) of the payment upon
completion of all outstanding work and review and acceptance of
Work by the City.
(b) All requests for payment shall be submitted to the Public Art
Coordinator in writing for review and approval and must be accompanied
by a detailed invoice and original receipts and other documentation as
required by the Public Art Coordinator supporting work completed.
(c) Payment shall be issued within 30 days of approval of detailed
invoices and requests for payment by the Public Art Coordinator.
2-2 ARTIST’S EXPENSES
The Artist shall be the responsible party for all mailing or shipping charges
on submissions to the City, and the costs of all travel by the Artist and the
Artist’s agents and employees necessary for the proper performance of
the services required under this Agreement.
ARTICLE 3: WARRANTIES
3-1 WARRANTIES OF TITLE
The Artist represents and warrants that:
(a) The Work is solely the result of artistic effort of the Artist;
(b) Except as otherwise disclosed in writing to the City, the Work is
unique and original and does not infringe upon any copyright;
(c) That the Work, or a duplicate thereof, has not been accepted for
sale elsewhere; and
APPENDIX D
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Contract No.
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(d) The Work is free and clear of any liens or claims from any source
whatsoever.
3-2 WARRANTIES OF QUALITY AND CONDITION
The Artist represents and warrants that:
(a) The execution and fabrication of the Work will be performed in a
professional manner (expert, qualified, skilled);
(b) The Work, as fabricated and installed, will be free from defects in
material (except such defects as are normally present and unavoidable in
natural materials and outlined in Proposal) and workmanship, including
any defects or qualities which cause or accelerate deterioration of the
Work; and
(c) Reasonable maintenance of the Work will not require procedures
substantially in excess of those described in the maintenance
recommendations by the Artist to the City;
(d) The warranties described in this Section 3-2 shall survive for a
period of one (1) year after final acceptance of the Work. The City shall
give notice to the Artist of any observed breach with reasonable
promptness. The Artist shall, at the instruction of the City, and at no cost
to the City, cure reasonably and promptly the breach of any such warranty
which is curable by the Artist and which cure is consistent with
professional standards, including for example, cure by means of repair or
refabrication of the Work as determined by the City.
APPENDIX D
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Contract No.
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3-3 WARRANTIES OF WORK
The Artist represents and warrants that:
(a) The Work will not substantially vary or deviate from the City approved
Work without the prior written consent of the City.
(b) The Work will not include any hidden, subliminal or camouflaged
messages or statements of any kind or nature.
ARTICLE 4: INSURANCE
4-1 GENERAL [Encroachment Permit provisions may not be applicable
to every project] [Insurance provisions are mandatory for all
projects]
Before commencement of any work at the site, the Artists shall apply
for and must receive approval for an Encroachment Permit from the
Department of Public Works. The permit requires execution of a
Hold Harmless Agreement and an Agreement to provide insurance
for the duration of the work performed. The insurance specifications
required in a standard Encroachment Permit include general liability
insurance with a $1,000,000 combined single limit, and an endorsement
adding the City, its agents, officers, and employees as additional insured.
If the artist is using a vehicle for delivery and installation, automobile
liability insurance is required and, if the artist has additional workers
directly employed, Workers Compensation insurance is required at the
statutory limits. The Encroachment Permit application (attached)
provides additional details. The Artist shall not commence work under
APPENDIX D
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Contract No.
12
this Contract until the Artist has secured all insurance required under this
section, and provided written proof to the City, nor shall the Artist allow
any subcontractor to commence work on any subcontract until all similar
insurance required of the subcontractor has been obtained and submitted
to the City in writing.
ARTICLE 5: COPYRIGHT
5-1 Copyright in the Work and related design, drawings, sketches, and models
will be owned by the Artist until acceptance of the Artist’s Work by the City
pursuant to Section 1-6 hereof. Notwithstanding the foregoing, the Artist
agrees not to make use of such copyright in the Work for any purpose
other than the performance by the Artist of the Artist’s obligations under
this Artwork Agreement, without the written consent of the City. Upon
acceptance of the Artist’s Work pursuant to Section 1–6 hereof, copyright
in the Work will be owned jointly by the City and the Artist and no further
use of the copyright will be made by the Artist or the City without the
written consent of the other, which consent will not be unreasonably
withheld.
5-2 The Artist certifies that the Artwork is a unique work of art especially
designed for the City, and shall not duplicate or reproduce the Work nor
shall the Artist permit others to do so except with the written permission of
the City.
5-3 The City has the right to reproduce and distribute in printed form and on
commercial documents and or brochures or any other literature of the City
APPENDIX D
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Contract No.
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describing or dealing with its real estate holdings, photographs, realistic
renderings, videotapes, or films of the Work. Such reproductions and use
of the images of the Work for promotional purposes shall not constitute a
breach of copyright and no royalty shall be due and payable by the City to
the Artist for such use.
5-4 CREDIT TO THE ARTIST
All reproductions of the Work by the City shall contain a credit to the Artist.
5-5 CREDIT TO THE CITY
The Artist shall use his best effort to give a credit in any public showing
under the Artist’s control of illustrations of the Work as follows: “An
original work owned and commissioned by the City of San Luis Obispo,
California.”
ARTICLE 6: ARTIST’S RIGHTS
6-1 MAINTENANCE
The City shall reasonably protect and maintain the Work against the
ravages of time, vandalism, and the elements, in accord with the
instructions of the Artist provided under Section 1-5(b).
6-2 ARTIST REPRODUCTION RIGHTS
Pursuant to Article 5, Section 5-1, the City agrees that the Artist shall have
the right to reproduce and distribute in printed form and on non-
commercial educational materials and brochures advertising or promoting
the Artist and the Artist’s career, two-dimensional images such as photos,
slides or realistic renderings, video tapes, or films of the Work as installed
APPENDIX D
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Contract No.
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and formally accepted by the City. Such reproductions and use of the
images of the Work for promotional and educational purposes shall be
deemed to not constitute a breach of copyright in any way and no royalty
fee shall be due and payable to the Artist for such use. Such reproduction
and images of the Work for publicity, promotion, and educational purposes
shall, to the extent reasonably possible and appropriate, give reference to
the City of San Luis Obispo.
ARTICLE 7: ARTIST AS INDEPENDENT CONTRACTOR
The Artist shall perform all work under this Agreement as an independent
contractor and not as an agent or employee of the City. The Artist shall not be
supervised by any employee or official of the City nor shall the Artist exercise
supervision over any employee or official of the City. The City alerts the Artist to
the provisions of the Labor Code §1771, which may require the payment of
prevailing wages.
ARTICLE 8: ASSIGNMENT, TRANSFER AND SUBCONTRACTING
Neither the City nor the Artist shall assign or transfer any interest in this
Agreement without prior written consent of the other. The Artist may subcontract
portions of the services to be provided hereunder at the Artist’s expense provided
that said subcontracting shall not affect the design, appearance or visual quality
of the Work and shall be carried out under the personal supervision of the Artist,
and in accordance with all applicable laws.
APPENDIX D
60
Contract No.
15
ARTICLE 9: TERMINATION
If either party to this Agreement shall willfully or negligently fail to fulfill, in a timely
or proper manner, or otherwise violate any of the covenants or agreements
material to this Agreement, then the other party shall thereupon have the right to
terminate this Agreement by giving written notice to the defaulting party of its
intent to terminate, specifying the grounds for termination. The defaulting party
shall have ten (10) days after receipt of the notice to cure the default. In the
event of default by the Artist, all finished and unfinished drawings, sketches,
photographs, and other products prepared and submitted or prepared for
submission by the Artist under this Agreement shall, at the City’s option, become
City property. This, however, shall not relieve the Artist of liability to the City for
damages sustained by the City by virtue of any breach of this Agreement by the
Artist. In addition to all other remedies, the City may reasonably withhold
payments to the Artist until such time as the exact amount of damages due the
City from the Artist is determined.
ARTICLE 10: CONTRACT ADMINISTRATOR
The Contract Administrator for this Agreement shall be the Public Art Coordinator
of the City of San Luis Obispo as defined in San Luis Obispo Municipal Code
section 17.98.020 D, or his or her designee.
ARTICLE 11: NONDISCRIMINATION
In carrying out the performance of the services designated, the Artist shall not
discriminate as to race, religion, sex, age, sexual orientation, national origin, the
APPENDIX D
61
Contract No.
16
presence of any physical, mental or sensory handicap, or any other basis
prohibited by applicable law.
ARTICLE 12: COMPLIANCE
The Artist shall be required to comply with all federal and state laws and City
statutes, ordinances, and regulations applicable to the performance of the Artist’s
services under this Agreement, including but not limited to, Chapter 17.98 of the
San Luis Obispo Municipal Code.
ARTICLE 13: ENTIRE AGREEMENT
This writing embodies the entire agreement and understanding between the
parties hereto, and there are no other agreements or understandings, oral or
written, with reference to the subject matter hereof that are not merged herein
and superseded hereby.
ARTICLE 14: MODIFICATION
No alteration, change, amendment, or modification of the term of this Agreement
shall be valid, unless made in writing and signed by both parties hereto and
approved by appropriate action of the City.
ARTICLE 15: WAIVER
No waiver of performance by either party shall be construed as or operate as a
waiver of any subsequent default of any terms, covenants, or conditions in this
Agreement. The payment or acceptance of fees for any period after a default
shall not be deemed a waiver of any right nor an acceptance of performance.
APPENDIX D
62
Contract No.
17
ARTICLE 16: GOVERNING LAW
This Agreement, regardless of where executed or performed, shall be governed
by and construed in accordance with the laws of the State of California.
ARTICLE 17: HEIRS AND ASSIGNS
This Agreement shall be binding upon and shall inure to the benefit of the City
and of the Artist and of their respective heirs, personal representatives,
successors, and permitted assigns.
ARTICLE 18: NOTICES
All notices, requests, demands, and other communications which are required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon delivery and receipt thereof, as the case
may be, if delivered personally or sent by certified mail, return receipt requested,
postage-prepaid as follows:
City: Artist:
c/o Public Art Coordinator
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
ARTICLE 19: ATTORNEY’S FEES
Should any action or proceeding be brought to enforce the terms of this
Agreement, the prevailing party shall be entitled to reasonable attorney’s fees
and costs.
APPENDIX D
63
Contract No.
18
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by his respective authorized officers or representatives as of the
day and year set forth on page one of this Agreement.
ATTEST: CITY OF SAN LUIS OBISPO
By:_______________________ By:_______________________
CITY CLERK MAYOR
APPROVED AS TO FORM:ARTIST
__________________________ ________________________
CITY ATTORNEY ARTIST
APPENDIX D
64
SAMPLE
[Date]
Community Development Director
990 Palm Street
San Luis Obispo, CA 93401
SUBJECT: Public Art Final Acceptance, Specification #
Dear ,
This letter serves as notice of completion and final acceptance of the public art piece,
(name of artwork). Per the City’s Public Art Policy, the Public
Art Coordinator has formally accepted the piece on behalf of the City. Final payments
may be released to (the artist’s name and/or contractor).
The City wishes to thank the artist and all those involved with the development of
(name of artwork) for their dedication and hard work in bringing
the piece to fruition. To many, (name of artwork) will
contribute to the quality of life in our community for years to come.
Sincerely,
Project Manager Public Art Manager
Cc: CM
Project Architect (or Engineer)
Project Artist
Contractor
APPENDIX E
65
PUBLIC 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
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 #)
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.)
MATERIALS/SIZE:
PROPOSED LOCATION: (For inside or outside installation)
AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC
ARTWORK:
APPENDIX F
66
PUBLIC 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 artist/owner hereby acknowledges and
assigns the right to collect any royalty payment provided by Civil Code section 986(a) to the
City. Except as provided above, the artist/owner further acknowledges and waives, for himself
and his successors in interest, to the greatest extent allowed by law, any rights the artist/owner
may have under California Civil Code sections 986, 987, 988 and 989, or other applicable law.
The artist/owner further acknowledges and understands that upon completion and installation
of the artwork, and upon its acceptance by the City Council, the work shall become the
property of the City. The City retains the right to remove or relocate the artwork in its sole
discretion as the interest of the public welfare, health and safety may require.
If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature,
the City retains the right to remove, restore, repair or replace the artwork at any time in
keeping with the artist’s original design intent, without consulting the artist, or his or he r heirs or
assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another
design professional, to advise or assist in any restoration work.
I have read, understand and accept the terms of this Application and represent that I am the
________________________ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date: ________________________
(Signature)
________________________
(Print Name)
I have read, understand and accept the terms of this Application and represent that I am the
________________________ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date: ________________________
(Signature)
________________________
(Print Name)
APPENDIX F
67
Submittal of Application
(donor submits application as well as
rendering/photography of art to the
Public Art Manager)
Jury Review
(PW or CDD public art team
member on jury)
Jury Recommends Artwork
Public Art Manager submits Planning
Application with supporting documents (see
Planning App. Section B)
CDD staff
routes to other
Departments
as needed
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
Council Approves Artwork
& funding for Installation
Public Art Manager contracts
with an engineer for plans
Public Art Manager works with
CDD/PW on plan check and permitting
Artwork
Installed
PUBLIC ART REVIEW PROCESS
Privately Funded Public Art
APPENDIX G
68
City of San Luis ObispoCity of San Luis ObispoCity of San Luis ObispoCity of San Luis Obispo
PRIVATELY FUNDED PUBLIC ART
Application
(No Fee)
The Donor/owner must complete and sign this application form. If the Donor/owner is not the artist
who created the artwork, the artist must also sign this Application below.
Artist
(Name, Address, Ph. #)
Donor
(Name, Address, Ph. #)
Title of Art Piece
Description of Art Piece
(Please attach renderings
and/or sketches/photographs
which will help more clearly
define artwork)
Material
Size
Proposed Location
Appraised Value
-over-
APPENDIX H
69
PRIVATELY FUNDED PUBLIC ART
Waiver
By signing this Application below and in consideration for participating in the City’s Privately Funded
Public Art program, the artist/owner hereby acknowledges and assigns the right to collect any royalty
payment provided by Civil Code section 986(a) to the City. Except as provided above, the
artist/owner further acknowledges and waives, for himself and his successors in interest, to the
greatest extent allowed by law, any rights the artist/owner may have under California Civil Code
sections 986, 987, 988 and 989, or other applicable law.
The artist/owner further acknowledges and understands that upon completion and installation of the
artwork and upon its acceptance by the City Council, the work shall become the property of the City.
The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the
public welfare, health and safety may require.
If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City
retains the right to remove, restore, repair or replace the artwork at any time in keeping with the
artist’s original design intent, without consulting the artist or his or her heirs or assigns. The City will
make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise
or assist in any restoration work.
I have read, understand and accept the terms of this Application and represent that I am the
________________________ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date:
Signature:
Printed Name:
I have read, understand and accept the terms of this Application and represent that I am the
________________________ of the artwork which is the subject of this Application.
(owner, artist, or owner and artist)
Date:
Signature:
Printed Name:
APPENDIX H
70
ATTACHMENT 4
RESOLUTION NO .
(2005 Series )
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISP O
ADDING A MATCHING FUND COMPONENT TO THE CITY'S PUBLIC ART PROGRA M
WHEREAS, the City has had a Public Art Program in place since 1990 ; and
WHEREAS, the Program currently consists of three components, including Visual Arts i n
Public Places, Privately Funded Art in Public Places and Public Art in Private Development ; and
WHEREAS, the City realizes that a matching fund component to the public art program i s
an excellent way to expand public art opportunities within the City beyond the three existin g
components .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obisp o
that a matching fund component is hereby added to the City's Public Art Program and shall read a s
follows :
The City has established a matching grant program to encourage public art .
Projects seeking matching grant funds will require City Council approval, consisten t
with the City's Donation Acceptance Policy . Public art projects receiving matching
funds should provide a clear public benefit and advance the City's public art goals .
For every request, the Council will determine an appropriate level of match, up to a
dollar-for-dollar level.
Upon motion of , seconded by
and on the following roll call vote :
AYES :
NOES :
ABSENT :
The foregoing resolution was adopted this day of , 2005 .
David F . Romero, Mayor
ATTEST :
Audrey Hooper
City Clerk
APPROVED AS TO FORM :
Jo jiath3 P . Lowell, City Attorney
R
APPENDIX I
71
counci lj acenOa RepoRt M..uiy ~2jLDa~i/US
Item NumLer
/Lo
C I T Y O F S A N L U I S O B I S P O
FROM :
Wendy George, ACAO
Prepared By : Betsy Kiser, Principal Administrative Analys t
SUBJECT : REQUEST FOR USE OF PUBLIC ART IN-LIEU FUNDS FOR VARIOU S
PUBLIC ART PROJECT S
CAO RECOMMENDATIO N
1 . Allocate Public Art In-Lieu funds for the following public art projects :
(a)As requested by the San Luis Obispo County Arts Council, up to $10,000 t o
match the Bill Beeson Memorial Fund to commission a piece of public art i n
honor of Mr. Beeson's contributions to public art in our community ;
(b)As requested by the Chamber of Commerce and the Reception Committee for Ken
Schwartz Appreciation Day, $1,780 to complete the purchase of a bronz e
steelhead trout for the Mission Plaza fountain ;
(c)$7,000 for maintenance costs associated with the City's public art piec e
"Community Bridge", normally located on Higuera Street in front of the Cour t
Street Project .
2 . Approve a resolution adding language to the City's Public Art Policies and Procedures
Manual that permits, with Council approval, public art in-lieu funds to be used as
matching funds for the purchase of public art for the City's public art program .
DISCUSSIO N
Matching Funds for the Bill Beeson Memorial Fund
In January 2004, Mr. Bill Beeson, a "pillar of the local arts community" passed away after a brie f
illness . Mr. Beeson was a highly respected art critic who tirelessly supported public art an d
served for years on the San Luis Obispo County Arts Council's Art in Public Places Committee .
Upon his passing, Mr. Beeson's family requested that all donations in his memory be sent to th e
Arts Council to be used in some manner to honor his work and his passion for the arts . The Arts
Council, in turn, established the Bill Beeson Memorial fund and directed the funds to be used fo r
public art . To date, the community has donated more than $6,000 to the fund, and the Art s
Council will continue to solicit funds to reach their goal of $10,000 .
In January 2005, the City received a letter from the San Luis Obispo County Arts Counci l
indicating that they would like to 1) donate the money from the Bill Beeson Memorial fund to th e
City of San Luis Obispo for the selection, acquisition and installation of a piece of public ar t
honoring Mr. Beeson ; and 2) request up to $10,000 from the City's public art in-lieu funds to
APPENDIX I
72
Request for Public Art In-lieu Funds for Various PA Projects Page 2
match the Bill Beeson Memorial fund so a more substantial piece of art ($20,000)can b e
realized . (See Attachment 1 )
Although a formal matching grant program does not exist in the public art program, staff see s
significant value in leveraging private and public funds to expand public art within ou r
community and recommends the match . If the Council approves the match, the project will b e
managed by City staff according to the City's approved public art policies and procedures .
Matching Funds for Steelhead Trout Sculpture for Mission Plaza Fountain
On January 14, 2005, the City celebrated Ken Schwartz Appreciation Day, honoring Mr .
Schwartz for his over 50 years of service to the community . The day culminated in an informa l
reception at the Monday Club, coordinated by a committee comprised of members of the Cit y
staff, including Ken Hampian, the Chamber of Commerce, the Downtown Association and th e
community at large . Recognizing Mr. Schwartz's devotion to the development of Mission Plaz a
and to public art in general, the committee commissioned artist Paula Zima to create a bronz e
steelhead trout for placement in the Mission Plaza fountain . The piece has been designed t o
compliment "Bear and Child" and "qiqsmu" and complete the fountain art . Funds for the piec e
were included in the price of the ticket to the reception and donations were solicited via th e
Chamber's website and the evening of the reception . In the end, $3,320 was raised . The price o f
the piece is $5,100 and therefore, the Chamber, on behalf of the reception committee is askin g
the City to match the donations with $1,780 from the City's public art in-lieu fund to complet e
the purchase and installation of the piece . (Attachment 2)
Maintenance of Public Art Piece "Community's Bridge "
As part of the City's Visual Arts in Public Places program, in 2000, the City commissioned artis t
Allen Root to create a piece of public art that related to the underground construction project o n
the Higuera Street Bridge . Root's piece, entitled "Community's Bridge" was a set of three artisti c
benches representing the creek meandering between the mountains and the City . Constructed o f
steel, they are painted in muted green, blue, cream and brown . Although the benches wer e
designed to require a minimum amount of maintenance throughout their service life, severa l
maintenance issues have arisen . Foremost, the benches were brush painted rather than powde r
coated and the colors have faded significantly . Additionally, skate boarders have managed t o
"ride the edges" and chip the surfaces of the bench seats . The benches are currently being store d
at the City's corporation yard while the Court Street project is being constructed and while the y
are out of commission, staff would like to complete the necessary maintenance on them .
Therefore, staff is requesting an allocation of $7,000 from the City's public art-in lieu fund to 1 )
install more aggressive skater deterrents on the bench faces, and 2) powder coat the benches .
When the Court Street project is complete, the developer will be responsible for th e
reinstallation .
APPENDIX I
73
Request for Public Art In-lieu Funds for Various PA Projects Page 3
Addition of Matchinz Funds Component to the Public Art Policy
When the Visual Arts in Public Places program was adopted in 1990, it included a section whic h
established a matching grant fund to encourage the inclusion of public art in private construction
projects . The program was seldom used and in 2000, with the passage of Ordinance No .1372
requiring public art in privately-funded, non-residential projects, the matching grant program was
rescinded .
With receipt of the two requests for matching funds discussed above, and recognizing th e
benefits of leveraging public and private dollars, staff felt a matching fund component to th e
public art program might be an excellent way to expand public art opportunities within the City ,
especially during a time of limited fiscal resources . Therefore staff is recommending the additio n
of language to the public art policies and procedures to :
1) provide the Council with a policy for handling requests for matching funds in the future ;
2) provide the public with an avenue for making requests for matching funds ; and
3) encourage private/public collaborations in the future .
The language shall become a part of the public art policies and procedures and shall read a s
follows :
The City has established a matching grant program to encourage public art . Projects
seeking matching grant funds will require City Council approval, consistent with th e
City's Donation Acceptance Policy . Public art projects receiving matching fund s
should provide a clear public benefit and advance the City's public art goals . For
every request, the Council will determine an appropriate level of match, not to excee d
50% of the cost of the project .
CONCURRENCE S
The San Luis Obispo County Arts Council concurs with the request for funds to match the Bil l
Beeson Memorial fund and with the addition of a matching fund policy to the public art program .
The San Luis Obispo Chamber of Commerce, representing the reception committee for Ken
Schwartz Appreciation Day, concurs with the request for matching funds for a bronze steelhea d
trout for Mission Plaza fountain honoring Mr . Schwartz .
FISCAL IMPAC T
The City's Public Art In-Lieu funds do not come from the General Fund . They come from a
required .5% contribution from private developers who choose to pay the in-lieu fee rather than
incorporate public art into their development projects . Currently, the City's Public Art In-Lie u
fund has $96,000 available for public art . A matching grant program could theoretically doubl e
this amount . Matching funds would only be available as long as funds remain in the Public Ar t
In-Lieu account .
APPENDIX I
74
Request for Public Art In-lieu Funds for Various PA Projects Page 4
ALTERNATIVES
1.Deny or reduce the matching fund support requested by the organizations . This is no t
recommended because it could discourage private/public partnerships of this kind in th e
future .
2.Do not approve the matching fund program . This is not recommended because a
matching fund component to the public art program might be an excellent way to expan d
public art opportunities within the City, especially during a time of limited fisca l
resources .
ATTACHMENT S
1.Letter from the San Luis Obispo County Arts Council
2.Letter from the Chamber of Commerc e
3.Bid for maintenance of "Community's Bridge "
4.Resolution
APPENDIX I
75
Submittal of Proposal
(grant applicant submits description of
proposed art, and request amount of
grant to the Public Art Manager)
Council Approves Matching
Grant Request
RFQ / Call For Artists
RELEASED
(RFQ reviewed by PW & CDD public art
team members)
Jury Review
(PW or CDD public art
team member on jury)
Finalist Selected
Public Art Manager submits
Planning Application with
supporting documents (see
Planning App. Section D)
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
CDD staff
routes to other
Departments
as needed
Council Approves Artwork
Public Art Manager
secures contract with
artist
Public Art Manager
works with artist on plan
check and permitting
Artwork
Installed
PRC Review
(if appropriate; depending on
location)
Public Art Manager
receives matching
dollars from applicant
PUBLIC ART REVIEW PROCESS
Matching Grants for Public Art
APPENDIX J
76
APPENDIX K
77
APPENDIX K
78
APPENDIX K
79
APPENDIX K
80
APPENDIX K
81
APPENDIX K
82
APPENDIX K
83
APPENDIX K
84
CITY OF SAN LUIS OBISPO
Community Development Department
990 Palm St. San Luis Obispo (805)781-7172
PUBLIC ART PROPOSAL
Application Checklist
(NO FEE)
Information on this list must be submitted for your project to be accepted for processing, review and scheduled for a
hearing. These are minimum requirements; additional information and plans may be required to evaluate your application
following initial staff review. Applications not containing the necessary information as shown on the checklist will not be
accepted for review. Check each box to indicate that you have provided the appropriate information.
SECTION A – PUBLIC ART IN PRIVATE DEVELOPMENT
Complete Planning Application: Applications can be obtained from the Community Development Department.
Applications must include business owner and property owner signatures.
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
An appraisal or other evidence of the value of the proposed art; including acquisition and installation costs.
A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including
adjacent rights-of-way.
An elevation or perspective rendering showing the streetscape view of the art; including street elevations of
adjacent properties.
A narrative statement to demonstrate that the art will be displayed in an area open and freely available to the
general public.
Draft covenants, conditions, and restrictions (CC&Rs), to be recorded with the County Recorder, which requires
the property owner, successor in interest, and assigns to: 1) Maintain the art in good conditions as required by the
City’s Public Art Guidelines. 2) Indemnify, defend and hold the City and related parties harmless from any and all
claims or liabilities from the art, in a form acceptable by the City Attorney. 3) Maintain liability insurance, including
coverage and limits as may be specified by the City’s Risk Manager.
SECTION B – PRIVATELY FUNDED PUBLIC ART
Complete Planning Application: Applications can be obtained from the Community Development Department.
COMPLETED BY CITY’S PUBLIC ART MANAGER
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
An appraisal or other evidence of the value of the proposed art; including acquisition and installation costs.
Complete Privately Funded Public Art Application and Waiver
SECTION C – CITY FUNDED PUBLIC ART
Complete Planning Application: Applications can be obtained from the Community Development Department.
COMPLETED BY CITY’S PUBLIC ART MANAGER
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including
adjacent rights-of-way.
SECTION D – MATCHING GRANTS FOR PUBLIC ART
Complete Planning Application: Applications can be obtained from the Community Development Department.
COMPLETED BY CITY’S PUBLIC ART MANAGER
Preliminary renderings/sketches or other documentation of sufficient descriptive clarity to indicate the nature of
the proposed art; including description of colors and materials to be used. (Color and material samples may be
required).
A site plan clearly indicating the location of the proposed art and its relation to pedestrian paths of travel; including
adjacent rights-of-way.
SECTION E – PAYMENT OF IN-LIEU FEE
Provide a written statement of intent to pay the in-lieu fee to meet the public art requirement for a development
project. Include a preliminary calculation of that fee (see the Building Permit Coordinator for the latest Building
Valuation Data used to calculate fees).
APPENDIX L
85
APPENDIX L
86
APPENDIX L
87
Submittal of Application
(donor submits application as well as
rendering/photography of art to the
Public Art Manager)
Jury Review
(PW or CDD public art team
member on jury)
Jury Recommends Artwork
Public Art Manager submits Planning
Application with supporting documents (see
Planning App. Section B)
CDD staff
routes to other
Departments
as needed
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
Council Approves Artwork
& funding for Installation
Public Art Manager contracts
with an engineer for plans
Public Art Manager works with
CDD/PW on plan check and permitting
Artwork
Installed
PUBLIC ART REVIEW PROCESS
Privately Funded Public Art
APPENDIX M
88
Submittal of Application
(donor submits planning application as well as
rendering/photography of art to CDD. CDD forwards
public art application to Public Art Manager)
Jury Review
Public Art Manager assembles Jury to
review proposal (PW or CDD member to be
considered on art jury)
Jury Recommends Artwork
Jury reviews the proposed art using the adopted
Guidelines for public art and selection criteria and
recommends approval or denial of Public Art. B)
CDD staff routes to
other Departments
as needed
ARC Review
(Public Art Manager submits ARC
Staff Report to CDD)
CHC Review
(if appropriate; depending on
location)
PRC Review
(if appropriate; depending on
location)
Artwork Proposal
Revised
& Resubmitted
Applicant revise artwork
proposal, resubmits for
Art Jury Review
Artwork Installed
Applicant constructs & installs approved
artwork.
Advisory Body Approval of Artwork
Applicant contracts with artist, engineer for plans, receive
building permit for construction
Artwork Inspection
& Final
Acceptance
Bluecard Permit
signed off following
inspection of
completed artwork.
Artwork inspected by
construction inspector
& Public Art Manager
Public Art Manager Review
Public Art Manager reviews application to ensure
criteria met (proposed art shall have equal valuation of
art-in-lieu fees)
Artwork Proposal Does Not Meet Criteria Artwork Proposal Recommended by Art Jury
Appeal
Applicant appeal of
denied artwork to ARC
Appeal Denied
Applicant to revise &
resubmit artwork, or
pay Art In-Lieu fees
PUBLIC ART REVIEW PROCESS
Development Funded Public Art
APPENDIX M
89
City of San Luis Obispo
PUBLIC ART MAINTENANCE RECORD
Artist: ___________________________________________________________
Title of Work: ___________________________________________________________
Project Address: ___________________________________________________________
City Job or File No.: ___________________________________________________________
PART I - FABRICATION AND INSTALLATION INFORMATION
MATERIALS
1. Material(s) used (be specific; include also source or manufacturer, life expectancy of material
according to manufacturer; attach manufacturer's technical data sheets, if available):
2. Material finish (e.g., natural, paint color and type, glaze, patina, sealer, fire retardant, etc.; be
specific; include also brand or manufacturer):
APPENDIX N
90
Public Art Maintenance Record
Page - 2 -
3. Materials used in the presentation of the artwork (e.g., composition of base or backing, framing,
type of hanging fixtures, etc.):
FABRICATION
1. Fabricator:
Name:
Address:
Phone Number:
2. Fabrication technique or method (attach diagrams or drawings, if necessary):
INSTALLATION
1. Installation executed by:
Name:
Address:
Phone Number:
APPENDIX N
91
Public Art Maintenance Record
Page - 3 -
2. Installation method (attach plans showing footing and/or key installation details):
EXTERNAL FACTORS
1. Describe physical positioning of the artwork (e.g., measured distances from relative objects or
points in the environment):
2. Describe existing environmental factors which may affect the condition of the artwork and any
precautionary measures (e.g., direct sunlight, extremes of annual rain, temperature, air
moisture or dryness, acidity of rainfall, flooding, wind, erosion, vibrations, air pollutants,
vehicular and/or pedestrian traffic; animal interaction--bird droppings, potential for nesting,
burrowing; human interaction with artwork--touching, sitting, climbing, vandalism):
APPENDIX N
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Public Art Maintenance Record
Page - 4 -
DESIRED APPEARANCE
1. Describe the desired appearance in specific terms including the physical qualities such as
matte rather than glossy luster; color of patina etc., for which the agency should strive in order
to maintain the artist's intent. Describe what may be acceptable alterations in form surface,
texture and coloration as related to natural aging of materials. Include drawings or
photographs which show the condition of the artwork upon installation:
2. If the work is site-specific, describe in detail the particular relationship of the work to its site,
including any significant physical aspects of the site, which, if altered, would significantly alter
the artist's intended meaning and/or appearance for the work (attach drawings as appropriate):
PACKING AND SHIPPING INSTRUCTIONS
1. Please explain how the art should be packed and shipped should the artwork ever need to be
transported (be specific, attach diagrams if necessary):
APPENDIX A
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Public Art Maintenance Record
Page - 5 -
PART II - CONSERVATION INSTRUCTIONS
The Artist should provide detailed instructions regarding the methods and frequency of maintenance
for the artwork as follows (attach additional information as appropriate):
1. Routine maintenance (e.g., removal of dust, dirt; maintenance of protective surfaces;
tightening, adjusting, oiling; trimming of plant materials, etc.):
2. Cyclic maintenance (less frequent and more extensive preventive measures, e.g., disassembly
and inspection; reapplication of protective sealers; repainting; cleaning of textiles, etc.):
3. Who should be considered competent to perform cyclic maintenance? Describe any special
training, materials, tools, or procedures required.
4. Who should be considered competent to perform significant repairs?
APPENDIX N
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Public Art Maintenance Record
Page - 6 -
5. Describe any special training, materials, tools, or procedures required for refitting, replacing, or
reconstructing portions of the artwork damaged by vandalism, accidents, disasters, or
weathering:
Maintenance Record Approved and Accepted:
CITY OF SAN LUIS OBISPO
Name Date
ARTIST
Name Date
Attachments
Please list:
APPENDIX N
95
FREE RECORDING REQUESTED BY
CITY OF SAN LUIS OBISPO UNDER
CAL. GOV’T CODE S 27383
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Attn: Public Art Coordinator
1341 Nipomo Street
San Luis Obispo, CA 93401
(Space above Reserved For Recorders Use)
PUBLIC ART MAINTENANCE COVENANT
THIS COVENANT is entered into ________________, 200__, by and between
________________ (“Landowner”) and the City of San Luis Obispo, California (“the City”).
RECITALS:
1.Landowner owns that certain real property located at ________________ in the
City (“the Site”) and more particularly described by Exhibit “A” attached hereto
and incorporated herein by this reference.
2.On or before the date of this Covenant, Landowner engaged in development
activity on the Site that was subject to San Luis Obispo Municipal Code Chapter
17.98, entitled “Art in Public Places.”
3.With City approval and in accordance with SLOMC Chapter 17.98, Landowner
acquired and placed at the Site the artwork described and/or depicted on Exhibit
“B” attached hereto and incorporated herein by this reference (“the Artwork”).
4.SLOMC Section 17.98.120 (B) requires, among other things, that Landowner
enter into and record a covenant acceptable to the City for maintenance of the
Artwork. The parties intend for this Covenant to satisfy that requirement.
COVENANTS:
1.Landowner shall preserve the Artwork in good condition to the satisfaction of the
City in accordance with the maintenance instructions attached hereto as Exhibit
“C” and incorporated herein by this reference.
2.Landowner shall not deface, mutilate or alter the work nor knowingly allow other
persons to do so.
3.Landowner shall secure and maintain insurance applicable to the Artwork
sufficient to protect it against damage or loss from fire, theft, vandalism, and all
other insurable occurrences typically covered by an all-risk policy, in an amount
to be determined by the City’s Risk Manager but not to exceed the reasonable
estimated replacement cost of the Artwork.
APPENDIX N
96
4.Landowner shall not move the Artwork from its present location at the Site, as
depicted in Exhibit B attached hereto, without prior written approval by the City.
5.Landowner grants the City an irrevocable license to photograph and otherwise
make two-dimensional reproductions of the Artwork and to use such
reproductions for commercial and noncommercial purposes as the City sees fit.
6.Within a reasonable period of time following a request by the City, Landowner
shall allow the City and its authorized agents access onto the Site for the purp ose
of inspecting and photographing the Artwork and ensuring that Landowner is
meeting its obligations under this Covenant.
7.This Covenant shall be recorded in the official records of San Luis Obispo County
and shall run with the land described herein as the Site, binding and/or benefiting
the parties’ respective successors in interest, including but not limited to any
purchasers, heirs, devisees, transferees, assignees, tenants, grantees, trustees, and
beneficiaries. Should any court find this Covenant unenforceable at law, the
parties intend that it be enforceable in equity.
8.To the extent reasonably possible, Landowner shall provide actual notice of the
Covenant to any successors in interest. Failure of Landowner to provide actual
notice shall not preclude enforcement of this Covenant against anyone who
receives constructive notice.
9.This Covenant shall be governed by the laws of the State of California.
10.No modification of this Covenant shall be valid unless made in writing and signed
by both parties hereto.
11.No waiver of performance by any party shall be construed as or operate as a
waiver of any subsequent default.
12.Should any action or proceeding be brought to enforce the terms of this Covenant,
the prevailing party shall be entitled to reasonable attorney’s fees and costs.
13.Landowner agrees to defend, indemnify, protect and hold City and its agents,
officers and employees harmless from and against any and all claims asserted or
liability established for damages or injuries to any person or propert y, including
injury to Landowner’s employees, agents, officers or invitees, which arise from or
are connected with or are caused or claimed to be caused by the acts or omissions
of Landowner and its agents, officers or employees, as a result of any act or
obligation of Landowner arising out of this Public Art Maintenance Covenant,
and all expenses of investigating and defending against same; provided however,
that landowner’s duty to indemnify and hold harmless shall not include any
claims or liability arising from the established sole active negligence or willful
misconduct of the City, its agents, officers or employees.
APPENDIX N
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EXECUTION:
This Covenant shall be deemed executed as of the date first above written. The
undersigned parties shall acknowledge their signatures before a California notary.
CITY OF SAN LUIS OBISPO
By:___________________________
STATE OF CALIFORNIA
COUNTY OF ___________________________________
On _____________, 200__, before me, _____________________, a Notary Public in and
for said State, personally appeared _____________________________, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledge to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
______________________________________
Notary Public
(EXECUTION CONTINUED ON NEXT PAGE)
APPENDIX N
98
(PUBLIC ART MAINTENANCE COVENANT – EXECUTION CONTINUED)
LANDOWNER
By: _____________________________
STATE OF CALIFORNIA
COUNTY OF _______________
On _________________, 200__, before me, __________________________, a Notary
Public in and for said State, personally appeared ______________________________,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
____________________________________
Notary Public
APPROVED AS TO FORM:
______________________________
City Attorney
APPENDIX N
99
Exhibit A – Glossary of Terms
Utility Box Art Program Glossary of Terms
Archival: The preservation of the box art murals (both present and past), in both print and
electronic form, in a way that remains accessible to the public.
Art Jury: A selection committee comprised of community volunteers assigned to evaluate
art proposals and make selection recommendations to the appropriate Advisory Bodies.
Art Juries consist of volunteers from Arts Obispo, Downtown Association, Chamber of
Commerce, local artist(s), interested community member(s), City staff and neighbors to
the proposed box art.
ARTS Obispo: The San Luis Obispo County Arts Council (ARTS Obispo) is a local arts
non-profit that is committed to advancing visual, literary and performing arts within the
community.
Box Art: A City program for public art where the exterior of utility traffic signal boxes
have been painted with artwork.
Deaccessioned: Relinquishment of artwork from the Box Art Program collection when a
utility box is no longer in use. When possible, deaccessioned boxes will be relocated
where the artwork can remain on public display.
Downtown Association (DA): A local organization supporting the needs of downtown
SLO merchants in the areas of Parking, Promotions, Design, Economic Activities, Food,
Beverage & Services and Thursday Night Promotions.
Downtown Core: In reference to the boundaries assigned by the DA for downtown San
Luis Obispo. The boundaries extend to the West (at Palm Street), South (at Beach
Street), East (at Pacific Street), and to the North (at Santa Rosa Street). Refer to
Downtown Association map.
Expansion: The addition of new blank utility boxes to the Box Art Program that are
eligible to receive new artwork. New utility boxes will be added to the program based
upon evaluation criteria as determined in the Box Art Policy.
Evaluation Criteria: A set of conditions identified to help prioritize the next utility boxes
eligible for new artwork. This criteria will utilize community engagement, the level of
pedestrian/vehicle/bike traffic of the area, consideration of any box repairs resulting in
vandalism, the box location to other public art and whether a box is city-owned or
privately owned when determining which utility boxes will receive artwork.
APPENDIX A
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Media & Materials: Any paints, primers, wraps, protective coating and sealants used in
the application of exterior box art murals.
Mural: A piece of artwork painted, or applied directly, on the exterior of a utility box.
Painting (new): Refers to the application of a new box art mural on a blank utility box
that is currently void of public art.
Phase: A collection or group of utility boxes that are painted with artwork during a given
time period.
Private Utility Boxes: Any utility box that is not owned or operated by the City of San
Luis Obispo and that provides community utilities primarily for power (PG&E),
telephone (AT&T), television (Charter) or other.
Refresh (rotating art): When existing box art murals have either reached the pre-
determined life span or require “significant” repairs, the utility box is eligible for a new
art mural. Existing box art murals are then “refreshed” with new art.
Repair: Refers to routine box art mural repairs to correct chipping or minor damage to
the artwork.
Significant Repairs: Refers to the extent and cost of repairs to the utility box case and the
affected artwork. “Significant” is determined when the cost of repair exceeds 50% of the
value of the artwork stipend. “Significant” is also determined when the extent of the
damage to the artwork surface area is greater than 25% (one side panel). Any boxes
identified as needing “significant repairs” will be designated for a subsequent Box Art
painting phase.
SLO Chamber of Commerce: The San Luis Obispo Chamber of Commerce is an
independent non-profit corporation that works to enhance economic prosperity of its
membership and the community well-being of San Luis Obispo County.
Stipend: Compensation provided to selected box artist for the application of their artwork
and mural designs. Stipends are based upon the size of the utility box. The stipend for a
large utility box is $1,500, and small utility box $700 which shall be all-inclusive of
material costs. A materials reimbursement is provided to selected artists in an amount
not –to-exceed $200 (original receipts required). Following the completion of the box art
murals, the artist will receive an honorarium of $100 for their mural design.
APPENDIX A
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APPENDIX A
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|SLO BOX ART
The City of San Luis Obispo invites artists and community members residing in
San Luis Obispo County to apply for the 2016 Box Art Repainting Project.
|the project
The City’s Box Art Program began in 2010 as a
creative way to deter graffiti. The goal of the Box Art
program was to use the utility boxes as “canvases”
for original art pieces. The Box Art has contributed to
the vitality and attractiveness of our community while
effectively deterring graffiti and adding to SLO’s “curb
appeal”. SLO Box Art is a streetscape showcase
for talented local artists and community members to
transform standard utility boxes into new public art-
works, adding to the vibrancy of our cityscape while
creating a sense of place and identity.
|More information: facebook.com/SLOPublicArt | Instagram: @slopublicart
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APPENDIX O
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Exhibit C - Downtown Association Boundary Map
APPENDIX O
104
EXHIBIT D
Box Art Media and Materials Guidelines
The following is a guideline for paint, primer and sealant materials to be used by the City and
selected artists for the Box Art program murals. The Media and Materials Guidelines shall be
reviewed and updated prior to each box art phase.
Media
The submitted Artwork must be original and may not contain advertising, religious art, sexual or
illegal drug-related content, negative imagery or convey political partisanship.
Vinyl wraps of “digitally enhanced works” are permitted.
Materials
Paints, primers and sealant materials to be used for Box Art program murals:
City Responsibility
To prepare the utility boxes to accept the mural artwork, the City will coordinate the
cleaning and priming of the utility boxes prior to the first day of painting
Following completion of the artwork murals, the City will seal the utility boxes with a
UV-protective and anti-graffiti clear-coat. This topcoat is applied directly on murals as
protectant.
a.Frog Juice Water Based: Clear urethane copolymer coating which contains
absorbers and hinders amine light stabilizers for maximum UV light
protection.
Artist Responsibility
Selected artists for the Box Art Program must use the following materials as outlined
below:
a.Paint Types:
APPENDIX O
105
i.Paint Types require premium high solids 100% acrylic latex
waterborne exterior wall and trim.
ii.Paint; low-sheen, eggshell or satin finish; minimum 1.5 mil dry
thickness per coat.
iii.Paint Products (in recommended order):
1. Nova Color (preferred)
2. Sherwin Williams: Accolade Exterior Acrylic Latex, Satin
3. Pratt and Lambert: Accolade Exterior Acrylic Latex,
Eggshell
4. Benjamin Moore: Aura Exterior Acrylic Latex #634 Low
Luster
5. Frazee #126 Mirror Glide Low Sheen Acrylic Latex
6. Kelly Moore #1245 Acry-Shield Acrylic Latex Low Sheen.
b. Top Coat:
iv. Polyurethane top coat (marine grade) to be applied on top of the
completed artwork to serve a sacrificial layer
1. Vella 5% Fluoride Varnish
Updated April 2016
APPENDIX O
106