R 5399 RESOLUTION NO. 5399
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE APPROVING A PUBLIC ART PROJECT TO PAINT UTILITY
BOXES, ACCEPTING DONATIONS OF TIME AND MATERIALS,
WAIVING PERMIT APPLICATIONFEES, AND FINDING THE PROJECT
EXEMPT FROM CEQA; LOCATION — CITYWIDE; APPLICANT —
SHIRLEY HORACEK, ARROYO GRANDE PUBLIC ART
WHEREAS, the City's Architectural Review Committee (ARC) reviewed and
recommended the City Council approve the proposed painting of utility boxes ("project")
on October 7, 2024 in accordance with the City's Public Art Guidelines and Public Art
Donation Program (the "Guidelines"); and
WHEREAS, on November 26, 2024, the City Council reviewed the project at a duly
noticed public hearing; and
WHEREAS, the City Council finds that the project will have a public benefit and
therefore the application fee of$1,044.75 can be waived; and
WHEREAS, when the City Council approves art on public property, such art becomes the
property and speech of the government, and in order to submit an application, the artist
waives all rights under the Visual Artists Rights Act, 17 U.S.C. §§106A and 113(d) and the
California Art Preservation Act, Cal. Civil Code §§987 and 989.
1. Recitals. All recitals above are true and correct and hereby incorporated into
reference.
2. CEQA. The painting of utility boxes is categorically exempt from the California
Environmental Quality Act ("CEQA") under the Class 1 exemption, which applies
to the operation, repair, maintenance, permitting, leasing, licensing, or minor
alteration of existing structures, facilities, mechanical equipment, or topographical
features where the project involves negligible or no expansion of existing or
former use. (State CEQA Guidelines, § 15301.) None of the exceptions to the
Class 1 exemption apply to the painting of utility boxes because: the location of
the project will not result in any significant environmental impacts; there will not be
any cumulative environmental impacts as a result of the project; the project does
not impact or damage any scenic resources; the project is not located on a
hazardous waste site; and the project does not adversely affect any historic
resources.
3. Public Art Selection Criteria:
1. Evaluation of artistic excellence, examining:
a. The artist's qualifications, including: education, training, experience, The
artist's record of previous collaboration with other agencies, organizations,
artists, fabricators, or installers to achieve a successful result in
implementing the proposed project;
b. The artist's experience working in the public realm;
c. To the extent applicable, the artist's previous proven successful
RESOLUTION NO. 5399
PAGE 2
experience in creating, producing or otherwise implementing projects
similar to the one proposed;.
d. The original nature of the proposed concept;:
e. The inherent artistic quality and aesthetic merit of the work;
The applicant has engaged skilled and qualified artists with a proven track record
in executing similar projects, both in terms of scale, medium, and public
placement. The proposed conceptual designs are original, thoughtfully crafted
with the Arroyo Grande community in mind. The artwork reflects a high standard
of artistic quality, elevating what would otherwise be a utilitarian street fixture into
a meaningful work of art.
2. Appropriateness of scale, form, material, content and design relative to the
immediate neighborhood and environment; no mural shall be approved if the
mural, as proposed, would create an objective risk to public health, safety, or
welfare (e.g. a mural near a roadway would be rejected for the use of
reflective materials, like mirrors, which could cause a distraction to drivers).
Scale is defined as the relative size of a building element in relation to other
forms and the human body. Form is the shape or configuration of the
artwork;
The proposed designs are well-suited to their intended locations, both in terms of
materials and content, with the scale of the artwork being appropriately sized for
utility boxes. The applicant plans to prepare the surfaces by sanding, taping
where necessary, and sealing the artwork for durability. The materials, scale,
form, content, and overall design have been carefully selected to ensure they do
not pose any adverse impact on public safety.
3. Appropriateness of proposed materials in regards to structural and surface
integrity. Materials should be considered in the context of ability to deter
against vandalism, withstand weathering, and maintain the intended design;
The donation of time and materials will support the project, which includes the use
of materials commonly employed in public art installations. The selected materials
are of high quality, designed to enhance the surface integrity of the utility boxes
and to endure natural weathering over time. In the event of vandalism, these
materials can be easily repainted. Furthermore, the chosen materials are intended
to provide protection against damage from sunlight, moisture, and general wear.
4. Ease of maintenance and longevity of the proposed materials;
The proposal was designed to reduce maintenance needs, and the proposed
materials are durable and intended for outdoor applications. As stated in prior
findings, the sealant prevents damage to the artwork itself. Acrylic paint will be
used, which dries quickly and is waterproof once dry. Costs of maintenance are
RESOLUTION NO. 5399
PAGE 3
estimated as minimal by the. applicant because of.the ..use of materials that
withstand sun, water, and other natural elements.
5. Appropriateness of the proposed method of installation of the artwork with
consideration given to the safety and structural factors involved. in installation;
The artwork is planned-to be installed by the artists in a manner that will enhance
the durability and longevity of the installation. Additionally, no structural
alterations are proposed as part of the project—only cosmetic painting. To
preserve the functionality of the utility boxes, keyholes, hinges, and other
movable elements will be carefully taped off to prevent any interference with their
operation.
6. Location, considering the intended audience for the proposal, whether the
public will be a captive audience or whether a person would need to take
affirmative steps to view the project. Consideration shall be given to whether
the mural would be in an area typically accessed or viewable by minors;
The proposed utility box designs have been selected for key public intersections
around the city, with locations chosen based on recommendations from the
Architectural Review Committee and City Staff. In areas with high foot traffic from
minors, the designs have been carefully selected to feature themes and interests
that resonate with younger audiences.
7. A mural shall not be approved if it includes:
a. Copyrighted work without permission of the holder of the copyright.
b. Obscene materials.
c. Defamatory content.
d. Fighting words or advocates imminent lawless action.
e. Content, including but not limited to, words, symbols, signs, trademarks, or
references to products or services provided on the premises. Such content
meets the Arroyo Grande Municipal Code (AGMC) definition for signage,
as regulated by AGMC Chapter 16.60;
The artwork, as proposed, does not contain any of the above prohibited types of
speech or content.
4. Waiver of Application Fees Finding
1. The project will be available for the public at-large and the project will be
used or will benefit more than the residents of the immediate vicinity; and
2. The project will be of obvious public benefit because it provides
beautification of existing public facilities through the application of public
artwork.
5. Severability. If any section, division, sentence, clause, phrase or portion of this
resolution or the document in the record in support of this resolution is determined
by a court of competent jurisdiction to be invalid, unenforceable, unconstitutional or
RESOLUTION NO. 5399
PAGE 4
otherwise void, that determination- shall not affect the validity of_the remaining.
sections, divisions, sentences, clauses, or phrases of this resolution.
NOW, THEREFORE,.BE IT RESOLVED that the Council,of the City of.Arroyo Grande
hereby accepts the donation of time and materials, waives'the application permitfees, and
approves the project as described and subject to all requirements of the public art
guidelines, attached hereto and incorporated herein by this reference.
On a motion by Council Member George, seconded by Council Member Secrest, and by
the following roll call vote to wit:
AYES: Council Members George, Secrest, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: Council Member Barneich
the foregoing Resolution was adopted this 26th day of November 2024.
RESOLUTION NO.
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CAREN RAY RUQ;M, MAYOR
ATTEST:
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SSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
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ATT W DOWNING, CITY MA • ER
APPROVED AS TO FORM:
IS AiSEN, CITY ATTORNEY
OFFICIAL CERTIFICATION
I, JESSICA MATSON; City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5399 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 26th day of November, 2024.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 4th day of
December, 2024.
JESSICA MATSON, CITY CLERK