HomeMy WebLinkAboutItem 15 - Amendment to Public Art Policy & Procedures ManualItem 15
GtT Y Ofi
rn O Council AgendaReport
CIS O
Department Name:
Cost Center:
For Agenda of
Placement:
Estimated Time:
FROM: Greg Avakian, Parks and Recreation Director
Prepared By: Andrew Harris, Management Fellow
Lindsey Stephenson, Recreation Manager
Parks and Recreation
7001
January 21, 2020
Business
60 Minutes
SUBJECT: AMENDMENT TO PUBLIC ART POLICY AND PROCEDURES MANUAL
RECOMMENDATION
Adopt a draft Resolution (Attachment A) amending the City's Public Art Policy and Procedures
Manual.
DISCUSSION
Background
Twenty-nine years ago, the City Council established and funded a public art program through
Resolution No. 6811 (Attachment B). In 2019, the City enjoys a robust public art program with
104 public art pieces in the current Public Art Inventory (Attachment C), including permanent
public art pieces located throughout the community as well as the utility box art program as
"temporary" public art installations.
The City's current Public Art Program and Policy and Procedures Manual (Attachment D)
outlines the processes in which the public art program is funded, criteria for evaluating and
selecting public art, and the Advisory Body review guidelines.
At this time, the City's public art inventory does not have any specific "named" persons in the
form of a memorial or monument. It does however have several projects that are representative
of important historical eras or concepts. Some of these projects include: "Tequski Wa Suwa"
recognizes the Chumash Tribe, with a bear and child in the Mission Plaza and "Gandy Dancers"
Iron Road Pioneers acknowledges the California Chinese railroad workers at Railroad Square
roundabout and "Garnet" is an abstract depiction of a breast cancer survivor located on Higuera
Street (between Broad and Nipomo). These projects, as all public art does, met the City design
guidelines and followed the Public Art approval process including review by a Public Art Jury,
Architectural Review Commission and the City Council.
Council Direction and Study Session of Monument Policy
On February 5, 2019, Council directed staff to research a potential monument policy. On
July 16, 2019, staff returned to Council for a Study Session (Attachment E) on the
monument policy research. By majority consensus, Council directed staff to develop
policies that public art shall commemorate ideas, ideals, and concepts, not individual
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Item 15
people. In addition, as noted in the minutes (Attachment F) Council directed staff to
include the City's vision of diversity and inclusivity into the Public Art Policy.
Public Art Policy Amendment
With this Agenda Report, staff recommends amending the Public Art Program and Policy
and Procedures Manual (Attachment G) consistent with Council's direction. The changes
proposed are specifically highlighted in Attachment H. There are four substantive changes
listed below in the order they appear in the document:
1. The proposed amendment adds language into the introduction on the City's vision
of diversity and inclusivity, in accordance with the Council's direction.
2. The proposed amendment removes the language discussing the differences between
public art and conventional treatments and ornamentation. This change is made to
remain consistent and eliminate the redundancy with the new definitions section
(see number 4 below).
3. The proposed amendment adds language into the definitions stipulating that public
art may commemorate ideas, ideals and concepts, but not the depiction of
individual and actual persons, in accordance with the Council's direction.
4. The proposed amendment includes the definitions of public art from Resolution No.
6811 and incorporates them into the manual. This helps increase the clarity and
specificity of the Policy and Procedures Manual.
Policy Context
The City's current public art policy is set forth in Resolution No. 6811. The guidelines for public
art and project approval process, including the Public Art Jury, Architectural Review
Commission and City Council, are set forth in the Public Art Program and Policy and Procedures
Manual, last updated in June of 2017.
Public Engagement
Following the study session on July 16, 2019 staff drafted the proposed amendment in
accordance with the majority consensus provided by Council; in preparation for the Council
meeting on January 21, 2020, email correspondence on this topic, date, time and location
have been sent to individuals and groups who have expressed interest in changes to the
Public Art Policy. Additionally, staff contacted and provided a link to the Agenda Report to
Arts Obispo, the Chamber of Commerce, Downtown SLO, the Architectural Review
Commission, Cultural Heritage Committee, Parks and Recreation Commission and posted the
Agenda Report on the City's website. The public will have the opportunity to provide comment
either in writing prior to the Council meeting or in person as part of the public Council meeting.
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ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a "Project" under CEQA Guidelines Sec. 15378.
FISCAL IMPACT
Budgeted: No Budget Year: 2019-21
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current Funding
Request
Remaining
Balance
Annual
Ongoing Cost
General Fund
N/A
State
Federal
Fees
Other:
Total
1 $
There is no fiscal impact associated with the update to the City's Public Art Policies.
Staffing: Tradeoffs on workload may be required in the Parks and Recreation Public Art,
Community Services, or Youth Services Divisions to be established at supplement, dependent on
Council direction. It is not anticipated that the recommendation or proposed alternatives would
require additional staffing workload.
ALTERNATIVES
1. The City Council could make changes to proposed Public Art Policy amendment. Council
could direct staff to modify and/or delete portions of the proposed amendment to the public
art policy.
2. Do not approve any proposed Public Art Policy changes. The City Council could
decide to not approve the public art policy amendment. The Public Art Policy remains
unchanged, last updated June 2017.
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Attachments:
a - Draft Resolution
b - Resolution 6811 (1990 Series) Adopting a Visual Arts in Public Places Program
c - Public Art Inventory List - 2019
d - COUNCIL READING FILE - Public Art Policy - June 2017
e - COUNCIL READING FILE - Council Agenda Report July 16, 2019
f - COUNCIL READING FILE - Minutes of July 16, 2019
g - Amended Public Art Policy - Jan 2020
It - Highlighted Amendments to Public Art Policy
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RESOLUTION NO. (2020 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING THE PUBLIC ART POLICY AND
PROCEDURES MANUAL
WHEREAS, the City Council of the City of San Luis Obispo adopted resolution No. 6811
(1990 Series) formally establishing a public art program; and
WHEREAS, the City of San Luis Obispo's Public Art Policies and Procedures Manual
(Public Art Policy) outlines the process under which the public art program is funded, and how art
pieces are evaluated, reviewed and selected; and
WHEREAS, on February 5, 2019 City Council directed staff to research monument policy
and gather information for a study session to be presented to City Council for further consideration;
and
WHEREAS, on July 16, 2019 staff presented a report to City Council, offering
comparative research analysis of monument policies; and
WHEREAS, City Council directed staff to develop policies that public art shall
commemorate inclusivity, diversity, ideas, ideals and concepts not individual people to be add to
the existing public art policy; and
WHEREAS, in preparation for the Council meeting on January 21, 2020, community
outreach on this topic, date, time and location have been sent to individuals, groups and
interested parties. This community engagement includes Arts Obispo, the Chamber of
Commerce, Downtown SLO, the Architectural Review Commission, Cultural Heritage
Committee, and Parks and Recreation Commission; and
WHEREAS, on January 21, 2020, staff presented City Council with an amendment to the
Public Art Policy, reflecting the values of inclusivity and diversity and incorporating policies that
public art shall commemorate ideas, ideals and concepts not individual people; and
WHEREAS, this amendment does not constitute a "Project" under CEQA Guidelines Sec.
15378.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1: Recitals. The above recitals are true and correct and are incorporated herein
by this reference.
17
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Resolution No. (2020 Series) Page 2
SECTION 2. The "Introduction" section of the City of San Luis Obispo Public Art Policy
is hereby amended to read as follows:
What is Public Art?
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The Citv is driven to encourage Public Art that resbects our bast and embraces the future:
supporting all members and facets of the community and not in contradiction with its core
values: civility, sustainability, diversity, inclusivity, regionalism, partnership and
resiliency. The City of San Luis Obispo strives to incorporate these values into public
spaces through the proliferation of public art.
Definitions
2. The City shall accept a "Work of Art" that commemorates ideas, ideals and
concepts — not individual and actual people.
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Resolution No. (2020 Series)
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Page 3
3. "Visual Art in Public Places' or "Public Art" means
visual work of art disnlaved in
a publicly visible location: (a) in a City -owned area, (b) on the exterior of any city -
owned facility, ( c) within any city -owned facility in areas designated as public area,
lobbies, or public assembly areas, or (d) on non -city -owned property if the work of art
is installed or financed, either whollypart, with city funds or grants procured by
the City; and if on private property, secured by a public art agreement between the City
and the landowner.
4. "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas-
relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape
composition, banners, mosaic, ceramic, weaving, carving, and stained glass. "Work of
art" is the creative result of individual or .group effort, and is either unique or of limited -
issue nature, and is normally not mass-produced or intended primarily for a commercial
market. Work of art" does not normally include landscaping=paving, architectural
ornamentation, or signs as defined by Chapter 15.40 of the Municipal Code.
5. "Capital Construction Project" means any project listed in the City's Financial Plan
Capital Improvement Program, and paid for wholly, o�part by the City of San Luis
Obispo for public benefit. "Capital construction project" includes, but is not limited to
building construction, addition, and remodel; parks; plazas; creek improvements and
flood protection projects; bridges; streets, sidewalks, bikeways, trails other public
transportation improvements; parking facilities, and similar public facilities as
determined by the Community Development Director.
6. Construction Cost means the cost in dollars, as approved by the City Council or the
City Administrative Officer, to construct a project. "Construction Cost" shall not
include land acquisition, design, operation, or maintenance costs.
7. Eligible Project means a capital construction project which is not exempt under the
provisions of this resolution, or by City Council or City Manager action.
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this Public Art Policy is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this Public Art Policy, or any other provisions of the City's rules and
regulations. It is the City's express intent that each remaining portion would have been adopted
irrespective of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or
phrases be declared invalid or unenforceable.
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Resolution No. (2020 Series) Page 4
SECTION 4. This Resolution shall become effective February 4, 2020.
Upon motion of , seconded by , and on
the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of
Mayor Heidi Harmon
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
2020.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of , 2020.
Teresa Purrington
City Clerk
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RESOLUTION NO. 6811 (1990 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A VISUAL ARTS IN PUBLIC PLACES PROGRAM
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Title and Content. The City Council hereby adopts the "Visual Arts in
Public Places" program as described in Exhibits "A" and "B" of the Community
Development Department staff report dated May 1,1990.
SECTION 2. Definitions. For the purposes of this resolution, the following terms are
defined as follows:
(1) "Visual Art in Public Places' or "Public Art" means any visual work of art
displayed in a publicly visible location: (a) in a City -owned area, (b) on the exterior
of any city -owned facility, (c) within any city -owned facility in areas designated as
public area, lobbies, or public assembly areas, or (d) on non -city- owned property if
the work of art is installed or financed, either wholly or in part, with city funds or
grants procured by the City; and if on private property, secured by a public art
agreement between the City and the landowner.
(2) "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco,
bas-relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape
composition, banners, mosaic, ceramic, weaving, carving, and stained glass. "Work of
art" is the creative result of individual or group effort, and is either unique or of
limited -issue nature, and is normally not mass-produced or intended primarily for a
commercial market. "Work of art" does not normally include landscaping, paving,
architectural ornamentation, or signs as defined by Chapter 15.40 of the Municipal
Code.
(3) "Capital Construction Project" means any project listed in the City's Financial Plan
Capital Improvement Program,and paid for wholly or in part by the City of San Luis
Obispo for public benefit. "Capital construction project" includes, but is not limited to
building construction, addition, and remodel; parks; plazas; creek improvements and
flood protection projects; bridges; streets, sidewalks, bikeways, trails other public
transportation improvements; parking facilities, and similar public facilities as
determined by the Community Development Director.
(4) Construction Cost means the cost in dollars, as approved by the City Council or the
City Administrative Officer, to construct a project. "Construction Cost" shall not
include land acquisition, design, operation, or maintenance costs.
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Resolution No. 6811 (1990 Series)
Page 2
(5) Eligible Project means a capital construction project which is not exempt under the
provisions of this resolution, or by City Council or City Administrative Officer action.
SECTION 3. Environmental Determination. After City Council review and
consideration, the Community Development Director's decision to grant a negative
declaration pursuant to the City Environmental Procedures and the California
Environmental Quality Act is hereby affirmed.
SECTION 4. Percent For Art. One percent (1%) of the total approved construction cost
of eligible capital construction projects shall be expended for the design and installation of
public art.
SECTION 5. Responsibility For Implementation. The Community Development
Director is responsible for administering the program. City departments responsible for the
planning, design, and construction of eligible capital construction projects shall include public
art in their projects,or shall otherwise meet the requirement through allocation of funds to the
Public Art Program as described in Section 6.
SECTION 6. Public Art Program. (1) Small capital construction projects,
or projects in which the City Council or City Administrative Officer determines that it is not
feasible or desirable to include public art due to site limitations or the project's location or
design, may meet this requirement through allocation of one percent (1%) of their
construction cost as an in -lieu contribution for citywide public art; (2) The Finance Director
shall establish and maintain a Public Art Program in the Capital
Improvement Plan for such a purpose; and (3) Program funds shall be used for the design,
fabrication, and installation of public art, pursuant to the Visual Arts in Public Places
Program, Exhibits "A" and "B".
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Resolution No. 6811(1990 Series)
Page 3
SECTION 7. Exempt Projects. The following types ofproj ects are exempt fromthis percent
for art requirement: (1) Utility projects, such as public water or sewer system improvements,
pumps, and wells; (2) Underground projects, such as storage tanks and storm drains and similar
items; (3) The City Council or the City Administrative Officer may exempt other projects from
this requirement upon finding that: (a) installation of public art would be detrimental to public
health, safety, or welfare; (b) the project is not suitable for the inclusion of public art; or is not
visible by, used by, or accessible to
the public; or (c) The project is itself a public art project.
SECTION 8. San Luis Obispo County Arts Council. The San Luis Obispo County Arts
Council shall assist the City by evaluating the technical and artistic merit of proposed public art
projects by forwarding its comments to the Community Development Director or Architectural
Review Commission. This is recognized as an appropriate function for the Arts Council, a non-profit
agency, and no City funding is allocated for this advisory service.
SECTION 9. Program Evaluation. The City Clerk shall schedule the public art
program for Council review within one year of the date ofthis resolution. At such review,
the Council may modify or suspend the prcgrm.
On motion of Councilman Roalman, seconded by Councilwoman Pinard,
and on the following roll call vote:
AYES: Councilmembers Roalman, Pinard, Rappa, Reiss, and Mayor Dunin
NOES: NONE
ABSENT: NONE
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Resolution No. 6811(1990 Series)
Page 4
the foregoing resolution was passed and adopted this
Ma
MayofKofi Dunin
ATTEST
" 1990.
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day of
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Resolution No. 6611 (1990 Series)
Page 5
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san wis OBISPO;
VISUAL ARTS IN PUBLIC PLACES PROGRAM
I. PROGRAM GOALS AND OBJECTIVES
A. Goals
The City of San Luis Obispo Shall:
1. Preserve and enrich the community's environmental quality by encouraging
visual arts in public places for both public and private development.
2. Foster public art to enhance San Luis Obispo's character.
3. Promote opportunities for public participation in and interaction with public
artworks and artists.
4. Expand access to the arts for residents and visitors, with special attention to
the needs of under -served audiences, such as children. low-income families,
senior citizens, and disabled persons.
5. Support a diversity of public art styles, media, programs, and artists through
its matching grants program for public art.
6. Encourage public artworks which celebrate and reaffirm the community's
historical, socio-cultural, and aesthetic values, and which provide a sense of
continuity for future generations.
7. Expand citizen awareness and appreciation of the visual arts as a key part of
the community's identity and quality of life.
B. Objectives
To achieve these goals, the city will:
L Strongly encourage the inclusion of visual arts in new public and private
development projects in the PF, 0, C-C, C-R and C-T zones through its
development review process.
2. Evaluate, and where appropriate, revise its General Plan. Zoning and
Subdivision Regulations and othei:pertinent policies.and standards to provide
incentives for and remove obstacles to public art.
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3. Develop and implement, in conjunction with San Luis Obispo County Arts
Council, administrative policies for public art acquisition, administration,
funding and long-range planning.
4. Expand the range and depth of financial support sources for the visual arts,
including the possibility of using a portion of an increase in transient
occupancy tax or sales tax to support "public arts programs-.
S. Include funding for public art planning and development in the city's Capital
Improvement and Capital Reinvestment Programs where feasible, including
an on -going matching grant fund for public art.
6. Include public art innew capital projects such as parks, city buildings, public
plazas and major street projects; and allocate at least 1 percent of total capital
construction costs for the installation of public art.
II. GUIDELINES FOR PUBLIC ART
Art eludes precise definition or regulation. Art in public context, unlike art in private
collections or museums, is linked to the community in complex ways. It both shapes and
reflects the community's perception of itself — its character and its values. And it must
address and respond to a wider audience than art in museums or private collections.
Recognizing this difference, cities and counties have developed various guidelines to
encourage the widest possible range of artistic expression, while ensuring that artworks
express the community character and values, and meet reasonable criteria applicable to
other types of "development projects".
The following guidelines will help artists, citizens, commission and council members and
staff understand the city's expectations for public art. They are not intended to unduly
restrict creative expression, or limit the types of public art possible. Rather, they are
intended to achieve the best possible mating of site and artwork, and guide what is
essentially a form of. communication between the artist and the community. They are
interpreted by the City Council and the Arcbite¢iral Review Commission, with technical
and procedural assistance from the San Luis Obispo County Arts Council.
l . Public art shall be located within the public right-of-way, or shall otherwise
be easily visible or accessible from a public right-of-way.
2. The design and placement ofpublic art shall not impede pedestrian or vehicle
traffic, or conflict with public or private easements.
3. Public art shall be compatible with the immediate site and neighborhood in
terms. of architectural scale, materials, land use and the site's historical and
environmental cont.
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4. Public art shall be integrated with the site, and include landscaping, lighting,
interpretive information, and other amenities where appropriate.
S. Permanent public art shall be constructed of durable, high -quality materials
and require minimal or no maintenance. Temporary public art shall be
constructed of materials appropriate to its duration of public display.
6. A wide variety of artistic expression is encouraged. Expressions of profanity,
vulgarity, or obvious poor taste are inappropriate.
7. Artwork shall reflect a high level of artistic excellence.
8. Public art shall not directly or indirectly cause adverse environmental effects,
or otherwise jeopardize public health, safety or welfare.
III. CRITERIA FOR MATCHING GRANT FUNDING
The city has established a matching grant fund to encourage public art. For every dollar
of private investment, the City Council may match the expenditure on a dollar -for -dollar
basis. Public art projects receiving matching funds should provide a clear public benefit and
advance the city's public art goals.' To achieve this, the city has developed special review
criteria.
Projects seeking matching grant funds will require City Council approval, as described in
Section IV below. The council will use the following criteria inevaluating funding requests:
Artwork shall be located 1) on publicly owned property or right-of-way, or 2) on
private property if the artwork is secured through a public art easement.
2. Artwork should promote the city's Goals and Objectives for Public Art.
3. The applicant has demonstrated sufficient experience and ability to successfully
complete the public art project.
4. Projects which make creative and efficient use of x- urces will be given preference.
5. ' Artwork shall be consistent with the city's Public Art Guidelines.
6. Artwork designed and/or sponsored by a San Luis Obispo county resident, business
or organization will be given preference.
7. The City shall be named as an additional insured and indemnified during
construction and installation of the public artwork.
.8. Permanent artwork receiving city filnds hall become Cityproperty
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IV. PUBLIC ART REVIEW PROCESS
Public art prof ects shall be reviewed according to the chart shown in Exhibit "B". All public
art shall require review and approval by the City's Architectural Review Coromis. ion, except
for those public art projects determined by the Community Development Director to be
minor or incidental. Hearing, notice and ap procedures shall be as provided for
architectural review, Chapter 2.48 of the Municipal Code. Public art in major City capital
projects, or public art projects for which matching city funds are requested, shall require
City Council approval. The San Lu is Obispo County Arts Council will assist the City inthe
review of public art. A subcommittee of the Arts Council will, on request by the City,
evaluate artworks on their technical and artistic merits, and make recommendations to the
Architectural Review Commission and City Council.
V. INCENTIVES FOR PUBLIC ART
To promote the inclusion of public art in both public and private projects, the City shall
undertake, as appropriate, the following actions to implement the Visual Arts in Public
Places program:
• 1. Waive processing and permit fees forpublic artprof ects.
2. Increase matching grant funding or allow unused grant funds to accrue from
one budget cycle to the next.
3. Consider allowing density bonuses or height exceptions to projects which
include public art tied to open space at ground level. For example, a project
which included sculpture and mini.plaza might receive height or coverage
exception to allow additional floor area comparable to the area devoted to
public art.
4. Work with the county and state to explore possible tax incentives for public
art.
5. Revise setback regulations (Section 17.16.020) to allow nublic art within
setba,ck areas, with provision allowing direction discretion to require use
penriits for large artworks, or for those whose placement lmay have solar,
traffic or environmental impacts.
6. aarlfy Sign Regulations relative to public art.
7. Minimize public review time by waiving construction permit requirements,
where allowed by law, for most types of public art, including: temporary
artworks, projects which do not involve significant structural work, and
projects which do not affect public health or safety (eg., the mural. or bas -
relief on existing wall); and by allowing over the -counter construction. permits
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for all but structurally complex artworks.
8. Consider allowing public art to meet a portion of the total required common
open space in condominium projects.
9. Redefine "structure- in the Zoning Regulations (Section 17.04.410) so that
public artworks are excluded for determining setbacks or building/lot
coverage.
VI. ADDITIONAL TASKS
These are additional tasks to be completed as part of a comprehensive public art program,
listed in the recommended order of implementation:
1. Establish Administrative Procedures - In addition to public art policies
established by the City Council, administrative procedures are needed to
support the overall goals of the program. These would include: artist
selection procedures, community involvement, interagency cooperation,
contract preparation, art collection management guidelines, insurance and
liability, and conflict resolution.
2 Artist Involvement - The ARC is the primary City advisory body charged with
reviewing public art. To assist the ARC in its role, at least one member of
the commission should be an artist, or have a strong background in the visual
arts. This would help commissioners understand art issues, and provide the
technical expertise to understand public art media, techniques, and design
implementation.
3 Public Art Brochure - To assist community groups, developers, and citizens,
the City will prepare a brochure which explains the public art program: goals
and objectives, matching grant funding, and the design review process. The
brochure would be made gable through the Arts Council, and at the City
Community Development and Engineering Departments.
4 Education Program - The success of public art is measured largely by the
community's understanding of an and ! !,ppreciation for this art form as a
cultural resource. To promote such understanding, the City will help sponsor
an educational program which may include: public art activities in elementary
school classes, occasional articles on public art in the SW Newsletter, San
Luis Obispo City/County Ubnuy displays, and,promotion of public art among
civic organizations.
S . Program Evaluation - The public art program should be evaluated on a
regular basis, initially one year after adoption (on or before May 15,1991),
• and then every 2 years, in conjunction with the city's budget cycle. The
written evaluation would describe the status ofpublic art projects, evaluate
policies and procedures, an4 5.uggest cha.t;ages to the program,. as appropriate.
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City of San Luis Obispo
Public Art Inventory List
� "ISO
No.
Permanen
Public Art Piece
Artist(s)
Year
LocationMap
.
1
Temporar
P
Tequski Wa Suwa (Child & Bear),
Paula Zima
1988,
Mission Plaza
Sculpture
$25,465
Qiqsmu (Bear Cubs) & Yach Ka
2004,
$15,000
(Steelhead Trout)
2005
$5,100
2
P
Concrete Jungle
Jed Joyce and John
2015
SLO Skate Park (1050 Oak St)
Sculpture
$240,000
T. Jones
3
P
Ironroad Pioneers
Elizabeth
2002
Railroad Square Round -About
Sculpture
$110,000
McQueen
(Railroad Ave)
4
P
Perpetual Hope
Allen Root
2007
Mitchell Park (Osos St @ Pismo)
Sculpture
$21,750
5
P
Chumash Pictographs
Jim Jacobson
1999
Creek walk @ Broad Street
Sculpture
$17,600
(1 of 3)
6
P
Metal Amphitheater Backdrop
Jim Fickes
1980
Mission Plaza Amphitheater
Sculpture
$15,000
7
P
Movimiento Mundial
Robert Maja
2013
SLO County Library (Palm Street) -
Mural
Interior
8
P
Love and Double Joy
Peter Ladochy
1997
Palm Street Parking Structure
Tile
$16,500
(Exterior) (Parking Lot facing Chorro)
9
P
Bee Bee Works His Magic
Carol Paulson,
2008
SLO Little Theater (Morro St @ Palm
Sculpture
$19,000
Stephen Plowman
St)
(matching grant)
10
P
Magic Sister
Carol Paulson,
2002
Pacific St @ Morro St (Exterior)
Sculpture
$39,840
Stephen Plowman
11
P
Bonding Dance
Alan Riggle
2002
Marsh Street Parking Structure Garage
Sculpture
$15,000
Expansion (Exterior)
12
P
Downtown Points of Interest
Tres Feltman
2002
Marsh Street Parking Structure
Sculpture
Downtown
(Corner of Chorro)
Association
13
P
Hey Diddle, Diddle
Sandra Kay
2003
Marsh St (@ Chorro St)
Sculpture
$5,000
Johnson
14
P
Puck
Elizabeth
2003
Downtown Courtyard (Marsh St
Sculpture
$85,000
McQueen
between Chorro & Morro)
15
P
Sycamore Theme
Mark Jepson,
2001
*Relocated. In Storage at Corp Yard
Sculpture
$10,000
Randy Augsburger
16
P
Sycamore & Budding Thistle
Jim Jacobson
1999
Creek Walk @ Broad Street
Sculpture
(2 of 3)
17
P
Fish Life
Jim Jacobson
1999
Creek Walk @ Broad Street
Sculpture
(3 of 3)
18
P
Tankhead Fish (Replacement)
Randy Augsburger
1996
Creek Walk
Sculpture
$900
19
P
Garnet
Kate Britton
2002
Higuera St (Between Broad & Nipomo)
Sculpture
$50,000 (installed
for $2,900)
Packet Page 341
City of San Luis Obispo
Public Art Inventory List
� "ISO
No.
Permanen
Public Art Piece
Artist(s)
Year
LocationMap
.
20
Ternporar
P
Web of Life
Sandra Kay
2000
Creek walk (At Corners of Nipomo St &
Sculpture
$20,000
Johnson
Higuera St)
21
P
Flames of Knowledge
Jim Jacobson
1998
Emerson Park (1341 Nipomo St)
Sculpture
$8,000
22
P
Tankhead Fish
John Augsburger
1977
Cheng Park (Santa Rosa @ Marsh)
Sculpture
$2,500
23
P
Minoan Tribute
Sandra Kay
2000
Utilities Dept Bldg (879 Morro St)
Stained Glass
$8,000
Johnson
24
P
Seven Sisters Railing
Jim Jacobson
2000
Santa Rosa Street (Between Pacific &
Functional Art
$1,500
Marsh)
25
P
Cheng Park
Alice LohHang
2007
Santa Rosa St (@ Marsh St)
Pocket park
Zhou
26
P
Vehicles of SLO County
Michelle Griffoul
1990
Marsh Street Parking Structure
Sculpture
$9,000
(Chorro St)
27
P
The American Spirit
Jim Jacobson, Will
2003
Palm Street (In Front of City Hall @
Sculpture
$18,000
Carlton & Erick
Osos)
Wand
28
P
Court of Historic Flags
Bob Nichols
1997,
Palm Street Parking Structure (919
Tile
donated
relocated
Palm St)
in 2007
29
P
Community's Bridge
Allen Root
2000,
Emerson Park (1341 Nipomo St)
Functional Art
$33,730
(Ferromobius)
relocated
in 2007
30
P
Strong Play Ethic
Carol Paulsen,
2005
Damon -Garcia Sports Complex
Sculpture
$39,000
Stephen Plowman
(Industrial Way)
& Stephen Van
Stone
31
P
Roots and Wings
Michael Laboon
2007
SLO Swim Center Southwood Dr)
Tile
$27,000
32
P
Bequest
Brian Chessmar
2010
Monterey Street @ Buena Vista Ave
Sculpture
$88,000
33
P
Icons of an Era
Jim Trask
2006
Railroad Square (Railroad Ave @
Sculpture
$24,000
Freight Warehouse))
34
P
Reflections of Another Time
Mark Jepson
2004
Ludwick Community Center (864 Santa
Mural
$17,500
Rosa St) Interior
Montages
35
P
Oh Great Spirit
Nell Banister
2011
Entrance of Bill Roalman Trail (Prado
Sculpture
Donated (Valued
Scruggs
Road @ S.Highera)
at$90,000)
36
P
Roots of the Community
Joshua Wiener
2013
Meadow Park Community Garden
Sculpture
$95,000
(South Street)
Packet Page 342
City of San Luis Obispo
Public Art Inventory List
37
P
Standing Tall (WTC Memorial)
Kathleen Caricof
2015
Fire Station #1 (1260 Santa Barbara St)
Sculpture
$65,000
38
T
Subaqueous (#1)
Joe Bachelor
2010
Marsh @ Morro
Box Art Mural
$1,800
39
T
Musical Eclecticism (#2)
Joe Bachelor
2010
Higuera @ Morro
Box Art Mural
$1,800
40
T
The Hummingbird Effect (#3)
Joe Bachelor
2010
Monterey @ Morro
Box Art Mural
$1,800
41
T
Birds of Whimsy (#4)
Jeff Claassen
2012
Broad @ Marsh
Box Art Mural
$1,800
42
T
Spooners (#5)
Charlie Clingman
2012
South St @ Broad
Box Art Mural
$1,800
43
T
There's N Puce Like Home #6
Jacaranda Deco #6
AlisteF DippneF
Elizabeth Hudson
2012
(deaccessio
ned in
2016)
2016
Broad @ Pismo
Box Art Mural
$2,200
$1,600
44
T
Secret Kelp Forest (#7)
Colleen Gnos
2010
Santa Rosa @ Palm
Box Art Mural
$2,200
45
T
Seven Treasures Strata (#8)
Marcia Harvey
2010
Marsh @ Santa Rosa
Box Art Mural
$2,200
46
T
Hedge (#9)
Marcia Harvey
2010
Osos @ Pismo
Box Art Mural
$2,200
47
T
Trout (#10)
Marcie Hawthorne
2010
Mission Plaza @ Chorro
Box Art Mural
$1,800
48
T
Koi Joy (#11)
Marcie Hawthorne
2010
Chorro @ Palm
Box Art Mural
$1,800
49
T
Signature Birds of SLO (#12)
Marcie Hawthorne
2012
2016 Repair
South St @ S. Higuera
Box Art Mural
$1,600
($800 Repair)
50
T
Dogs About Town (#13)
Frankel and
Hawthorne
2012
Santa Barbara St @ Morro
Box Art Mural
$2,200
51
T
Mariachi SLO (#14)
Frankel and
Hawthorne
2012
Grand Ave @ Monterey
Box Art Mural
$2,200
52
T
The Flight of the Monarchs (#15)
Lynn Hessler
2010
Higuera @ Osos
Box Art Mural
$1,800
53
T
Topographical Abstraction (#16)
Justin Johnson
2010
Higuera @ Chorro
Box Art Mural
$1,800
54
T
Levitating Cube (of Swiss) (#17)
Jed Joyce
2010
Chorro @ Marsh
Box Art Mural
$1,800
55
T
Sunset (#18)
Rachel LaBonte
2012
California @ Foothill
Box Art Mural
$2,200
56
T
Central Coast ... Color & Culture (#19)
Robert MAJA
2010
Monterey @ Santa Rosa
Box Art Mural
$2,200
57
T
Fence, Fields & Sky (#20)
Amy McKay
2010
Higuera @ Broad
Box Art Mural
$1,800
58
T
Everyone Trying to Fit In (#21)
STENZSKULL
2012
Mill @ Santa Rosa
Box Art Mural
$1,800
59
T
unnamed (#22)
Abbey Onikoyi
2012
Pacific @ Broad
Box Art Mural
$2,200
60
T
Oso Libre (Free Bears) (#23)
Carol Paulsen
2010
Nipomo @ Higuera
Box Art Mural
$1,800
61
T
Pismo (#24)
Chris Pedersen
2012
2016
Repair
S. Higuera @ Madonna
Box Art Mural
$1,600
($800 Repair)
62
T
Roots, Rocks, Right & Left (#25)
Chris Pedersen
2012
2016
Repair
Buchon @ Broad
Box Art Mural
$1,600
($800 Repair)
63
T
Stuck (#26)
Samantha Pereira
2010
Higuera @ Santa Rosa
Box Art Mural
$1,800
Packet Page 343
City of San Luis Obispo
Public Art Inventory List
64
T
"Townley" Cyclist (#27)
Jane Pomeroy
2012
Osos @ Buchon
Box Art Mural
$1,800
65
T
Barn Owls (#28)
Lena Rushing
2012
California @ Monterey
Box Art Mural
$2,200
66
T
Unnamed (#29)
Blair Rusin
2010
Marsh @ Nipomo
Box Art Mural
$1,800
67
T
UnRamed 430
Love of Color (#30)
joey I aS21a�aF
Sara Burke
2010
(deaccessio
ned in
2017)
TBD 20172
Osos @ Monterey
Box Art Mural
$1,600
68
T
Bishop's Peak (#31)
Ryan Williams
2010
Marsh @ Osos
Box Art Mural
$2,200
68
T
A Joy II (#32)
Ryan Williams
2012
Monterey @ Johnson
Box Art Mural
$2,200
69
T
Fence, Fields & Sky (#20)
Amy McKay
2010
Higuera @ Broad
Box Art Mural
$1,800
70
T
Farmer's Market Box (#33)
Amy McKay
2012
Marsh @ Johnson
Box Art Mural
$2,200
71
T
Once Upon a Dream (#34)
Alister Dippner
2016
Madonna @ Oceanaire
Box Art Mural
$1,600
72
T
Robot (#35)
Heidi Kruger
2016
Broad @ Orcutt
Box Art Mural
$1,600
73
T
SLO Many Cows (#36)
Elena Aker
2016
Foothill @ Patricia
Box Art Mural
$1,600
74
T
Sweet and Low (#37)
Bret Brown
2016
Foothill @ Broad
Box Art Mural
$1,600
75
T
Celebrate SLO (#38)
Nate Erlin
2016
Marsh @ S. Higuera
Box Art Mural
$1,600
76
T
Naturally Beautiful (#39)
Laura Lozingo
2016
Johnson @ Lizzie
Box Art Mural
$1,600
77
P
Olas Portola
Jeffery
Laudenslager,
Deanne Sabeck
2017
S. Higuera @ Marsh (Portola Fountain)
Kinetic
Sculpture
$125,000
78
T
Pacific Cows (#40)
Eric Soderquist
2018
Foothill @Tassajara
Box Art Mural
$1,800
79
T
Neighborhood Fruits (#41)
Sally Lamas
2018
S. Higuera @Suburban
Box Art Mural
$1,800
80
T
Our Sistine Chapel (#42)
Chris Daly
2018
Johnson @San Luis Drive
Box Art Mural
$1,800
81
T
Sleepy Hollow (#43)
Chris Pederson
2018
Johnson @Bishop
Box Art Mural
$1,800
82
T
Secret Doors (#44)
Elizabeth Hudson
2018
Johnson @Laurel
Box Art Mural
$1,800
83
T
Heart SLO (#45)
Drew Davis
2018
Higuera/High/Pismo
Box Art Mural
$1,800
84
T
Kelp Forest in Balance (#46)
Annie Cappelli
2018
Madonna @El Mercado
Box Art Mural
$1,800
85
T
Garden Window (#47)
Elizabeth Hudson
2018
Madonna @Dalidio
Box Art Mural
$1,800
86
T
Always Ready (#48)
Amy Beeman
2018
Madonna @Los Osos Valley Road
Box Art Mural
$1,800
87
T
Hotel Prickly Pear (#49)
Sally Lamas
2018
Los Osos Valley Road @Royal Way
Box Art Mural
$1,800
88
T
Sunny Sisters (#50)
Morgan Wise
2018
Los Osos Valley Road @Laguna Lane
Box Art Mural
$1,800
89
T
Prefumo Canyon (#51)
Eric Soderquist
2018
Los Osos Valley Road @Descanso
Box Art Mural
$1,800
90
T
Coast Rest (#52)
Annie Cappelli
2018
Higuera @Margarita
Box Art Mural
$1,800
91
T
Wild Weed Beauty (#53)
Marcie Hawthorne
2018
Higuera @Prado
Box Art Mural
$1,800
92
T
SLO Mission (#54)
Cindy Burnside
2018
S. Higuera @Tank Farm
Box Art Mural
$1,800
93
T
Music About Town (#55)
Marcie Hawthorne
2018
S. Higuera @Los Osos Valley Road
Box Art Mural
$1,800
94
T
Twilight Tunnels (#56)
Charlie Clingman
2018
Calle Joaquin @Los Osos Valley Road
Box Art Mural
$1,800
95
T
On the Prowl (#57)
Katharine Tom pkin
2018
Granada @Higuera
Box Art Mural
$1,800
Packet Page 344
City of San Luis Obispo
Public Art Inventory List
96
T
Oak Grove (#58)
Bobby Boss
2018
Ella @Johnson
Box Art Mural
$1,800
97
T
Nitidulidae (#59)
Jaqueline Tardie
2018
Orcutt @Laurel
Box Art Mural
$1,800
98
T
Flower Power (#60)
Marian Galczenski
2018
Broad @Industrial
Box Art Mural
$1,800
99
T
Night Light of SLO (#61)
Laura Loazano-
Larrinaga
2018
Broad @Tank Farm
Box Art Mural
$1,800
100
T
Seven Sisters (#62)
Heather Millenaar
2018
Broad @Aero
Box Art Mural
$1,800
101
T
Mission Bell Blueprint (#63)
Christopher Taylor
2018
Tank Farm @Mindbody
Box Art Mural
$1,800
102
T
Bee Journey: Critical Pollinators (#64)
Marcie Hawthorne
2018
Mill @California
Box Art Mural
$1,800
103
T
Happy Cow (#65)
Amy Beeman
2018
Los Osos Valley Road @Froom Ranch
Box Art Mural
$1,800
104
T
Unnamed
Elizabeth Hudson
2019
Margarita Lift Station
Box Art Mural
$3,700
Last Updated October 2019
Packet Page 345
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Public rt Program
Policies and Procedures Manual
City of San Luis Obispo Updated January 2020
Item 15
POLICIES & PROCEDURES MANUAL
Packet Page 347
Item 15
Table of Contents
INTRODUCTION................................................................................................................................................. 4
Whatis Public Art?.................................................................................................................................................................................4
Definitions................................................................................................................................................................................................. 5
CITY -FUNDED PUBLIC ART........................................................................................................................... 7
Summaryof the Process..........................................................................................................................................................................
7
FundingPolicies.......................................................................................................................................................................................8
FundingProcedures.................................................................................................................................................................................8
PublicArt Manager's Role.....................................................................................................................................................................9
GeneratingIdeas for Public Art in Capital Projects...........................................................................................................................10
Methodsof Selecting Public Art...........................................................................................................................................................12
Evaluatingand Selecting Public Art....................................................................................................................................................13
DesignReview/Public Hearings............................................................................................................................................................14
ArtistCompensation..............................................................................................................................................................................15
PublicArt Installation...........................................................................................................................................................................16
Maintenanceand Repair.......................................................................................................................................................................16
LegalIssues.............................................................................................................................................................................................17
Dedicationof Artwork...........................................................................................................................................................................19
CITY PUBLIC ART PROGRAMS...................................................................................................................19
TemporaryPublic Art and Pilot Programs.........................................................................................................................................20
Developing Temporary Public Art Program Parameters..................................................................................................................20
Evaluationof a Pilot Program..............................................................................................................................................................20
UTILITY BOX ART PROGRAM.................................................................................................................... 21
Background............................................................................................................................................................................................ 21
ProgramDetails..................................................................................................................................................................................... 21
PRIVATELY FUNDED ART IN PUBLIC PLACES...................................................................................... 26
Submittalof a Proposal.........................................................................................................................................................................26
Evaluationof a Proposal.......................................................................................................................................................................26
2 Packet Page 348
Item 15
Approvalof a Proposal..........................................................................................................................................................................26
ContractPreparation.............................................................................................................................................................................27
Issuingof Permits...................................................................................................................................................................................27
Labelingof Artwork..............................................................................................................................................................................
27
FinalAcceptance....................................................................................................................................................................................28
Dedicationof Artwork...........................................................................................................................................................................28
MATCHING GRANTS FOR PUBLIC ART...................................................................................................
29
GrantCriteria........................................................................................................................................................................................
29
Summaryof the Process........................................................................................................................................................................
29
PUBLIC ART IN PRIVATE DEVELOPMENT.............................................................................................
31
Placement of Public Art In Private Development...............................................................................................................................31
Public Art Donated to the City by a Private Developer......................................................................................................................32
Paymentof Art In -Lieu Fee..................................................................................................................................................................33
Certificateof Occupancy.......................................................................................................................................................................33
Ownershipof Public Art.......................................................................................................................................................................33
Removalor Alteration of Public Art....................................................................................................................................................34
Useof Public Art In -Lieu Funds...........................................................................................................................................................34
APPENDICESA - 0........................................................................................................................................... 34
Resolution 6811 — Adopting Visual Arts Program
City Funded Public Art Process Flow Chart
Guidelines for Public Art
Sample Artist Contract
Public Art Final Acceptance Letter
Application to Donate Art to the City
Privately Funded Art Process Flow Chart
Privately Funded Public Art Application and Waiver
Resolution 9659 — Adopting Matching Grants for Public Art Program
Matching Grants for Public Art Flow Chart
Ordinance 1372 — Adopting Public Art in Private Development Program
Planning Application Checklist & Planning Application for Private Development
Privately Funded Public Art Process Flow Chart
Public Art Maintenance Record & Public Art Maintenance Covenant
Box Art Program Exhibits A-D (Glossary, Box Art Map, Downtown Boundary Map, Box Art Media & Materials)
3 Packet Page 349
Item 15
INTRODUCTION
The City is driven to encourage Public Art that respects our past and embraces the future; supporting all members and
facets of the community and not in contradiction with its core values: civility, sustainability, diversity, inclusivity,
regionalism, partnership and resiliency. The City of San Luis Obispo strives to incorporate these values into public spaces
through the proliferation of 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?"
4 Packet Page 350
Item 15
1. The City shall accept a "Work of Art" that commemorates ideas, ideals and concepts — not individual and actual
people.
2. "Visual Art in Public Places' or "Public Art" means any visual work of art displayed in a publicly visible location:
(a) in a City -owned area, (b) on the exterior of any city -owned facility, ( c) within any city -owned facility in areas
designated as public area, lobbies, or public assembly areas, or (d) on non -city -owned property if the work of art
is installed or financed, either wholly or in part, with city funds or grants procured by the City; and if on private
property, secured by a public art agreement between the City and the landowner.
3. "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas-relief, mobiles, photography,
drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, carving, and
stained glass. "Work of art" is the creative result of individual or group effort and is either unique or of limited -
issue nature, and is normally not mass-produced or intended primarily for a commercial market. Work of art" does
not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 of the
Municipal Code.
4. "Capital Construction Project" means any project listed in the City's Financial Plan Capital
Improvement Program and paid for wholly or in part by the City of San Luis Obispo for public benefit.
"Capital construction project" includes, but is not limited to building construction, addition, and
remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks,
bikeways, trails other public transportation improvements; parking facilities, and similar public
facilities as determined by the Community Development Director.
5. Construction Cost means the cost in dollars, as approved by the City Council or the City Manager,
to construct a project. "Construction Cost" shall not include land acquisition, design, operation, or
maintenance costs.
6. Eligible Project means a capital construction project which is not exempt under the provisions of
this resolution, or by City Council or City Manager action.
5 Packet Page 351
Item 15
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)
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 presentation that embraces the spirit of Bill Beeson's life
and his boundless energy and advocate and mentor for the arts in all forms.
6 Packet Page 352
Item 15
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.
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.
"The American Spirit" 2003
Artists: Will Carlson, Jim Jacobson, Erick Wand
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
7 Packet Page 353
Item 15
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.
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
g Packet Page 354
Item 15
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".
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 Q.
e. Preparing an agenda report and taking the selected artist's design to the Council for approval.
£ 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.
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.
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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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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
landscaping. Semi-finalists/teams will be given four (4) weeks to adequately undertake the Concept Proposal(s) and
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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
Cheng Park
Dedicated 2007 by Alice LohHang Zhou
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.
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
main project design is completed. Although the general location and type of artwork should be decided during the
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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.
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. Atypical 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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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.)
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.
1. Ownership. In most cases, the City will own public art installed in connection with capital projects -- but not always.
For example:
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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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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
W,
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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.
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.
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
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.
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
22 Packet Page 368
Item 15
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.
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 may 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. Box Artist: Colleen Gnos (Before and After)
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
23 Packet Page 369
Item 15
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
F
SDO Box Art
f�7
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.
24 Packet Page 370
Item 15
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
25 Packet Page 371
Item 15
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.
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.
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.
I. 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 approval 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 Donation
Acceptance Policy. (Appendix G).
b. The Public Works Director or his designee(s) reviews the proposal to insure:
26 Packet Page 372
Item 15
■ 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.
Upon conceptual approval of the project by the City 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 conceptual approval process. Appendix C contains a
sample contract that should be adapted, as necessary, and used for this purpose.
The donor is directed to prepare plans and specifications for the artwork or the Public Art Manager may seek 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.
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 the Municipal
Code.
27 Packet Page 373
Final
Dedication of Artwork
ihts'n,u,air-Ue'mtlial,: place i�h'the hc3ii of the hjMCTpC ( hina%wn Divri;.r 4.,%m Luis C�646,`cumroe❑torates
our Cily'i C.hincae pipnr^rs. As ir3iMigrants t6ay faced prejudice a:nd exclusionary taw:, but rose .above su€h .
.obrracdr% tn-make:Tndjur eu.tt.ib0t uos -A J❑cat commerce, uriealturc and indwEtry. • " :•
M.- -
C,hiTTaeGwn TT-�rhed its eak'in the late{ 19t7t century. Lansistiag aF portions Of throe'.ciry hiorL!;, it was rhr. largask ;
Chieese eeitte,nent to 5a6' Luis -Obispo County, At its hub waa the All 1-4;]t7iS .'StnTe, xitualeri an117n� utSter..5lwps.
.restaursmis, 1ivinR-quat?rts:Fa r (.hinrar Tnerrllanr� and t6rir familiES, t<nd 6aatrliAt hauaea'for CbMcse iaboreis, : '� _
Thy mural evokes imagCS of C;hinesc-Ame'ri{an history in San Luis 06iepaComiLy: irttudirtg the-AI"Louis 5toie; .
thousands of Jaborara wlio •built rsilrparla and xctads'nounectiag, 5an Luis Obispo- witli-- Sao Fiancis[a and'Lioa . _
Angeles, a bn�r ringing't6e C.hioaye to l6e new country; Yin and: Mang to .aymlialize Chinzar' klfc= for{r,�. trt
bormmiy with:Nature; And a powerful dragon t❑ sy0ti0lize. kotrg Cife,. �:he�Chineso• char,4rCrs~ frir. "]-{1 'F:'' and;
"DOUBLE JOY% hnked by a dragali, sy.boCiae thi'duaiiiy.of the iTnmigr 6ts° gxpeTirnrr=•ihrir Ipwr•-{Ti'r'.the find .
of their hiY6 and•joy For•iheir hopes in a new lama- This message i* Stitt 'relevant frf C6incsr'0n igrants-t; dmy-
76m ArLwr rl: was rlestgned a,id bUittby Pttef'Lleioclsg, Art[st•'and.
funded I3y the City of San LM'!] Obiepo •area. piivate d❑nore" � trough
the ''Ara In PL.Mir Pincer" prnvaan. Dedie'atea iia this: tile. '
raeie Year 4f ILr Dt_
�. Chinatow' ri PTtblir. Art C4mmik1oo of tbv Citylof San Luis 6I spa- CaGforoia '
• •. 1947 * - 4 .
Item 15
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 leveraging 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.
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.
It. Permanent artwork receiving City funds shall become City property.
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.
29 Packet Page 375
Item 15
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.
30 Packet Page 376
Item 15
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.
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.
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
31 Packet Page 377
Item 15
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.
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.
32 Packet Page 378
Item 15
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)
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 1)
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.
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.
33 Packet Page 379
Item 15
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.
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
34 Packet Page 380
Item 15
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)
35 Packet Page 381
Item 15
INTRODUCTION
The City is driven to encourage Public Art that respects our past and embraces the future; supporting all members and
facets of the community and not in contradiction with its core values: civility, sustainability, diversity, inclusivity,
regionalism, partnership and resiliency. The City of San Luis Obispo strives to incorporate these values into public spaces
through the proliferation of 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 deseribe what publie at4 isn't. Faney "off the shelf!'benehes, fountains, and trash reeeptaeles; upgraded tile, paving,
For- example, purchasing a pr-e fabricated fountain and installing it in a paFk wou4d be landscaping but f!9! public art, sine
F . — 'S a steek item and its design does not neeessafily 4welve an or-igiaa4 or- et:ea+ive e&ft. However-, if the foufftain ifielude
aftwofk deesM necessarily have to be one of a kind, or- designed only for- that location it could be one of a lifflited series Of
eastings (in the ease of se�4tttfe) that has been thetigl4tilly if4egrated with a pr-ojeet.
The boundar-y between ar-ehiteetufal o entation and aA is not always clear-. Fof example, in deeer-ating a blank wall
paFking gar -age with a series of metal ser-eeds and painted wall panels, the architect's emrt Mi—I I I er-ed pttblie "aft" if i
Packet Page 382
Item 15
individual and actual
2. "Visual Art in Public Places' or "Public Art" means any visual work of art displayed in a publicly visible location:
(a) in a City -owned area, (b) on the exterior of any city -owned facility, ( c) within any city -owned facility in areas
designated as public area, lobbies, or public assembly areas, or (d) on non -city -owned property if the work of art
is installed or financed, either wholly or in part, with city funds or grants procured by the City; and if on private
property, secured by a public art agreement between the City and the landowner.
3. "Work of Art" includes, but is not limited to, sculpture, monument, mural, fresco, bas-relief, mobiles, photography,
drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, carving, and
stained glass. "Work of art" is the creative result of individual or group effort, and is either unique or of limited -
issue nature, and is normally not mass-produced or intended primarily for a commercial market. Work of art" does
not normally include landscaping, paving, architectural ornamentation, or signs as defined by Chapter 15.40 of the
Municipal Code.
4. "Capital Construction Project" means any project listed in the City's Financial Plan Capital
Improvement Program, and paid for wholly or in part by the City of San Luis Obispo for public benefit.
"Capital construction project" includes, but is not limited to building construction, addition, and
remodel; parks; plazas; creek improvements and flood protection projects; bridges; streets, sidewalks,
bikeways, trails other public transportation improvements; parking facilities, and similar public
facilities as determined by the Community Development Director.
5. Construction Cost means the cost in dollars, as approved by the City Council or the City
Administrative Officer, to construct a project. "Construction Cost" shall not include land acquisition,
design, operation, or maintenance costs.
6. Eligible Project means a capital construction project which is not exempt under the provisions of
this resolution, or by City Council or City Manager action.
4 Packet Page 383
Item 15
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Packet Page 384
Public Art Policy Amendment
January 21, 2020
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Recommendation
Adopt a draft Resolution amending the City's
Public Art Policy and Procedures Manual.
Background
■ The City's Public Art Policy has existed for 29 years and
the City's collection includes 104 public art pieces.
■ Public art criteria is set forward in a Policies and
Procedures Manual adopted by Council.
■ On February 5, 2019, Council directed Staff to conduct
comparative research on Monument Policies.
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July 16, 2019 Council's
Direction
1. Amends the current public art policy with policies
stipulating that public art may commemorate ideas,
ideals and concepts, but shall not depict specific
and actual persons.
2. A vision of diversity and inclusivity should be
included in public art policy changes
Council Minutes - July 16, 2019
"By majority consensus, Council directed staff to
develop policies that public art shall commemorate
ideas, ideals and concepts not individual people to
be add(ed) to the existing public art policy.
Additionally, inclusivity and diversity should be
included in all policy changes. "
Changes Made
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Proposed Policy Change Sections
1. Introduction
emphasizing
commitment to
City's values,
particularly diversity
and inclusivity
2.Art can
commemorate
ideas, ideals and
concepts —
not individual and
actual people.
3. Addition of
language and
definitions from
original 1990
Resolution 6811
Incorporating a Vision for Diversity
■ The following language was included in the
introduction of the Public Art Program Policies
and Procedures Manual (p.4)
"The City is driven to encourage Public Art that respects
our past and embraces the future; supporting all
members and facets of the community and not in
contradiction with its core values: civility,
sustainability, diversity, inclusivity, regionalism,
partnership and resiliency. The City of San Luis
Obispo strives to incorporate these values into public
spaces through the proliferation of public art. "
Exclusion of Individual Persons
■ The following was included as a definition (p.5)
The City shall accept a "Work of Art"
that commemorates
ideas, ideals and concepts -
not individual and actual people.
Incorporating Resolution 6811
■ To further increase specificity in the public art
policy, staff incorporated language from the
original resolution establishing Public Art, adopted
1990 in the update.
■ Definitions are included for:
2. "Public Art"
3. "Work of Art"
4. "Capital Construction Project"
5. "Construction Cost"
6. "Eligible Project"
Current Public Art Under Revised
Guidelines
■ Commemorates
the spirit and
ideals
■ Does not fall under
the definition of
Public Art
■ On Private Property
Public Outreach
■ Upon publication of this Agenda report on
Wednesday, January 15, 2020, staff provided email
outreach to anyone who had corresponded with staff
on this topic in the past 12 months via email and
additional community groups.
Recommendation
Adopt a draft Resolution amending the City's
Public Art Policy and Procedures Manual.
Alternatives
1. The City Council could make changes to
proposed Public Art policy amendment.
Council could direct staff to modify and/or delete
portions of the proposed amendments to the
public art policy.
2. Do not approve any proposed Public Art policy
changes. The City Council could decide to not
approve the public art policy amendment. The
Public Art Policy remains unchanged, last updated
June 2017.
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[Intentionally Blank]
Amendment
■ The following was included as a definition (p.5)
The City shall accept a "Work of Art"
that commemorates
ideas, ideals and concepts -