CC 2024-11-26_10a Utility Box Painting Phase ThreeItem 10.a.
MEMORANDUM
TO: City Council
FROM: Brian Pedrotti, Director of Community Development
BY: Shayna Gropen, Assistant Planner
SUBJECT: Citywide Utility Box Painting, Phase Three (Staff Project 24-006);
Applicant – Shirley Horacek, Arroyo Grande Public Art
DATE: November 26, 2024
RECOMMENDATION:
1) Adopt a Resolution approving a Public Art Project to paint utility boxes, accepting
donations of time and materials, and waiving permit application fees; and
2) Determine that painting of utility boxes is categorically exempt from the California
Environmental Quality Act (“CEQA”) pursuant to Section 15301 of the State CEQA
Guidelines.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
All time and materials necessary for the preparation and painting of the utility boxes will
be donated by the applicant, valued at approximately $6,250. The City will be responsible
for ongoing maintenance costs. The applicant has submitted a request for the waiver of
fees associated with both the permit application and the minor encroachment. If
approved, this waiver would result in the loss of $1,414.75 in revenue.
BACKGROUND:
On May 141, 2024, the City Council adopted Resolution 5358, amending the Public Art
Guidelines and Public Art Donation Program2 (“the Guidelines”). Under these new
guidelines, all public art projects require review by the Architectural Review Committee
(ARC), who shall make a recommendation to the City Council. The Guidelines outline
information regarding selection criteria, the purpose of the guidelines, and the approval
process.
1 https://pub-arroyogrande.escribemeetings.com/filestream.ashx?DocumentId=10890
2https://www.arroyogrande.org/DocumentCenter/View/1690/Public-Art-Guidelines-and-Donation-Program-
PDF?bidId=
Page 131 of 243
Item 10.a.
City Council
Citywide Utility Box Painting, Phase Three (Staff Project 24-006); Applicant –
Shirley Horacek, Arroyo Grande Public Art
November 26, 2024
Page 2
Project Background:
The City Council formally approved the initial phase of the project in October 2022, which
entailed the painting of four (4) utility boxes within the City. In October 2023, the City
Council approved the second phase, resulting in the painting of an additional four boxes.
The third and final phase of the “Art Outside the Box” project will encompass the painting
of five additional utility boxes.
Staff Advisory Committee (SAC):
On October 2, 2024, the SAC discussed recommendations for five locations of the
proposed artwork. The applications and proposed designs are available in Attachment 2,
while the preferred locations can be viewed in Attachment 3. The locations of the utility
boxes, along with the names of the corresponding proposed designs, are detailed as
follows:
1. 1053 East Grand Avenue—Oh So Sweet; Anne B Young
2. Southwest corner of El Camino Real and North Halcyon Road, near cemetery—
Joyful Soaring in the Clouds; Deborah Lord
3. Fair Oaks and Traffic Way intersection, in front of the car dealership— Skating the
Streets of Arroyo Grande; Bijou Burns
4. Northwest corner of East Grand Avenue and North Elm Street—Magpie
Afternoon—Erik Davison
5. Northeast corner of North Oak Park Boulevard and West Branch Street— Sun She
Rises; Katriel Ford
The SAC was supportive of the project and recommended approval to the City Council.
Architectural Review Committee (ARC):
The ARC reviewed the proposal on October 7th, 2024 (Attachment 4). The ARC
expressed its support for the third round of utility box paintings, as well as for the specific
artworks proposed for placement in their recommended locations. The designs were
deemed to strike an appropriate balance between artistic expression, reflecting the spirit
of the city, and showcasing the diverse backgrounds and perspectives of its residents.
Based on the selection criteria the ARC recommends approval of the project as
presented.
ANALYSIS OF ISSUES:
Review Process Under Public Art Guidelines
The purpose of the Guidelines is to establish a framework to facilitate and encourage
property owners to provide outdoor public art. For the purposes of these Guidelines,
"Public Art" shall mean art located either:
1. On private property with a non-residential land use that is visible from a public
right of way or public property;
2. In the adjacent public right of way; or
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Item 10.a.
City Council
Citywide Utility Box Painting, Phase Three (Staff Project 24-006); Applicant –
Shirley Horacek, Arroyo Grande Public Art
November 26, 2024
Page 3
3. On property owned or managed by the City of Arroyo Grande (City), that is openly
displayed to the public without charge.
These Guidelines establish the City's goals regarding art that is publicly displayed and
accessible to the public. The City recognizes that art and artistic expression is a protected
activity and these Guidelines are not intended to unduly restrict creative expression or
limit the types of public art possible. Rather, they are intended to facilitate and encourage
the best possible combination of sites and artwork and help to guide what is essentially a
form of communication between the artist and the community.
Following an initial determination on the completeness of the application by the
Community Development Department, the ARC reviewed all public art applications and
made a recommendation to the City Council. The Selection Criteria, which both ARC and
the City Council will use to review applications, is discussed below.
In its review of the application, the City Council will consider any material submitted by
the applicant, city staff, the administrative record of the decision on the application, and
evidence presented at the hearing. The applicant shall be given a reasonable time to
present their case. The City Council shall use the Selection Criteria as the basis for its
decision. The City Council may:
1. Request the applicant to clarify its proposal or redesign and resubmit its proposal
to ARC or City Council. If the City Council requests that the applicant resubmit the
proposal to ARC, the resubmitted proposal shall be reviewed as if a new
application; or
2. Approve the proposal, providing a written explanation of the basis for approval
through the Selection Criteria; or
3. Deny the proposal, providing a written explanation of the basis for denial through
the Selection Criteria. All decisions of the City Council are final and conclusive.
Selection criteria consist of the following:
1. Evaluation of artistic excellence, examining:
a. The artist’s qualifications, including education, training, experience, body of
work, recognition of the artist, and the consistency of the artist’s qualifications
with the stated goals of the project;
b. 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;
c. The artist’s experience working in the public realm;
d. To the extent applicable, the artist’s previous proven successful experience in
creating, producing or otherwise implementing projects similar to the one
proposed;
e. The original nature of the proposed concept;
f. The inherent artistic quality and aesthetic merit of the work;
Page 133 of 243
Item 10.a.
City Council
Citywide Utility Box Painting, Phase Three (Staff Project 24-006); Applicant –
Shirley Horacek, Arroyo Grande Public Art
November 26, 2024
Page 4
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;
3. Appropriateness of proposed materials in regard 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;
4. Ease of maintenance and longevity of the proposed materials;
5. Appropriateness of the proposed method of installation of the artwork with
consideration given to the safety and structural factors involved in installation;
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 m inors;
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;
As detailed in the findings in the attached resolution, the proposed utility box painting
proposal is consistent with these selection criteria.
Fee Waiver Request
The applicant has requested the application fees associated with the permit be waived. If
approved, this waiver would result in the loss of $1,414.75 in revenue. Revenue
generated from application fees and encroachment permit fees is utilized to offset the
costs associated with processing the respective applications. The City Council has
previously approved fee waiver requests for public art, including the prior utility box
paintings and the Strother Park basketball court painting. Staff recommends that the
proposed fee waiver request of $1,414.75 required for the project be granted by the City
Council because the applicant is providing a public art donation, and the project will
provide a benefit to the public at large.
Page 134 of 243
Item 10.a.
City Council
Citywide Utility Box Painting, Phase Three (Staff Project 24-006); Applicant –
Shirley Horacek, Arroyo Grande Public Art
November 26, 2024
Page 5
ALTERNATIVES:
1. Adopt the attached Resolution approving the project, accepting the donation of
time and materials from the applicant, and approving the fee waiver request;
2. Request the applicant clarify its proposal or redesign and resubmit its proposal to
ARC and City Council;
3. Do not adopt the attached Resolution, provide specific findings, and direct staff to
return with an appropriate resolution to not accept the donation; or
4. Provide direction to staff.
ADVANTAGES:
Granting approval for the donation of time and materials, as well as waiving the
application and encroachment permit fees for the proposed public art installa tions, will
enhance the appearance of existing utility boxes, thereby benefiting the community.
DISADVANTAGES:
None identified.
ENVIRONMENTAL REVIEW:
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 locations 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 hist oric
resources.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Resolution
2. Applications with Proposed Designs
3. Draft Minutes of the October 7, 2024, ARC Meeting
4. Utility Box Locations
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ATTACHMENT 1
RESOLUTION NO.
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 APPLICATION FEES, 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
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RESOLUTION NO.
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, thoug htfully 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
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RESOLUTION NO.
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 a rtists 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 fe ature 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
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RESOLUTION NO.
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 permit fees,
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 _________, seconded by Council Member __________,
and by the following roll call vote to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 26th day of November 2024.
Page 139 of 243
RESOLUTION NO.
PAGE 5
_______________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_______________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_______________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
_______________________________________
ISAAC ROSEN, CITY ATTORNEY
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Southwest corner of El Camino Real and North
Halcyon Road, near cemetery—Joyful Soaring
in the Clouds; Deborah Lord
Fair Oaks and Traffic Way intersection, in front
of the car dealership—Sun She Rises; Katriel
Ford
1053 East Grand Avenue—Skating the Streets
of Arroyo Grande; Bijou Burns
Attachment 3
Page 198 of 243
Northwest corner of East Grand Avenue and
North Elm Street—Magpie Afternoon—Erik
Davison
Northeast corner of North Oak Park Boulevard
and West Branch Street—Oh So Sweet; Anne
B Young
Page 199 of 243
1
ACTION MINUTES
MEETING OF THE ARCHITECTURAL REVIEW COMMITEE
October 7, 2024, 2:30 p.m.
Hybrid City Hall Conference Room/Virtual Zoom Meeting
300 East Branch Street, Arroyo Grande
Committee Members Present: Lori Mainini Hall, Kristin Juette, Glenn Martin,
Janet Huston, Fernando Garcia III
Staff Present: Planning Manager Andrew Perez, Shayna
Gropen
Given the recent increase in COVID-19 cases in San Luis Obispo County, and in compliance with
Assembly Bill (AB) 361, which allows for a deviation of teleconference rules required by the Ralph M.
Brown Act, this meeting was held by teleconference.
_____________________________________________________________________
1.CALL TO ORDER
Chair Martin called the meeting to order at 2:30 pm.
2.ROLL CALL
Chair Martin called for a roll call. All members were present. Planning Manager Perez also introduced
and welcomed Committee Member Garcia to the Committee.
3.FLAG SALUTE
Committee Member Juette led the flag salute.
4.AGENDA REVIEW
None.
5.COMMUNITY COMMENTS AND SUGGESTIONS
Chair Martin invited public comment. No public comment was received.
6.WRITTEN COMMUNICATIONS
None.
7.CONSENT AGENDA
7.a Approval of Minutes
(PEREZ)
ATTACHMENT 4
Page 200 of 243
2
Moved by Lori Mainini Hall
Seconded by Kristin Juette
Approve the Minutes of the September 16, 2024 regular meeting.
AYES (5): Lori Mainini Hall, Kristin Juette, Glenn Martin, Janet Huston, and Fernando Garcia III
Passed (5 to 0)
8. PROJECTS
8.a Consideration of the Third Phase of Painting of Utility Boxes Citywide; Staff Project 24-
006; Applicant – Shirley Horaceck, Arroyo Grande Public Art
(GROPEN)
Assistant Planner Gropen presented the staff report including a background about the Public Art
Guidelines and previous rounds of the the utility box paintings. She described the proposed
designs and preferred locations for the five utility boxes that are part of this round of paintings,
the review process for public art projects, and selection criteria for the Committee's review.
Shirley Horaceck, representative from Arroyo Grande Public Art, spoke in support of her project
and explained that the "Magpie Afternoon" design proposed in this project does differ from a
similar proposal located in San Luis Obispo. She also answered questions about the
preparation of the boxes prior to painting.
The Committee expressed appreciation of the project and found that the proposals are
consistent with the selection criteria. The Committee also agrees that the locations of the each
design is appropriate for the chosen sites.
Chair Martin invited public comment. No public comment was received.
Moved by Kristin Juette
Seconded by Lori Mainini Hall
Recommend approval of the project to the City Council, as proposed.
AYES (5): Lori Mainini Hall, Kristin Juette, Glenn Martin, Janet Huston, and Fernando Garcia III
Passed (5 to 0)
9. DISCUSSION ITEMS
None.
10. COMMITTEE COMMUNICATIONS
Committee Member Hall inquired about a code enforcement case regarding a portable sign at a village
business.
11. STAFF COMMUNICATIONS
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3
Planning Manager Perez announced the ribbon cutting ceremony for the Rancho Hoops public art
project on October 12th.
12. ADJOURNMENT
The Meeting adjourned at 3:07pm.
_________________________
Glenn Martin, Chair
_________________________
Andrew Perez, Associate Planner
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