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HomeMy WebLinkAboutR 2026-011RESOLUTION NO. 2026-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING ARCHITECTURAL REVIEW 25-003 FOR THE INSTALLATION OF A PUBLIC ART PIECE AT CENTENNIAL PARK WHEREAS, the City’s Architectural Review Committee (ARC) reviewed and recommended the City Council approve the proposed installation of a public art piece at Centennial Park (“project”) on October 20, 2025 in accordance with the City’s Public Art Guidelines and Public Art Donation Program (the “Guidelines”); and WHEREAS, on February 10, 2026, the City Council reviewed the project at a duly noticed public hearing; and WHEREAS, the City Council finds, after due study, deliberation, and public hearing, the following circumstances exist: 1.Public Art Selection Criteria: 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; The artist specializes in bronze sculpture and has completed numerous statues at several art galleries, including in New Mexico and Maine, and has been creating bronze sculptures for over 25 years. 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; RESOLUTION NO. 2026-011 PAGE 2 The proposal, as recommended by the Architectural Review Committee (ARC), is appropriate in terms of form, material, and scale. The statue is 13”x9”x12” and made of bronze, and integrates naturally into the landscape planter. 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 proposed statue is made out of nearly solid bronze, which is weatherproof and intended to maintain its durability over time. The statue will be welded to a bronze base, which will be affixed to a concrete base within the planter, providing increased durability. 4.Ease of maintenance and longevity of the proposed materials; The proposed material of bronze was selected, along with the smooth finish with ease of maintenance and longevity in mind and a bronze plate affixed to a concrete base is the intended method of installation. 5.Appropriateness of the proposed method of installation of the artwork with consideration given to the safety and structural factors involved in installation; The proposed installation of the bronze statue on a bronze plate, affixed to a concrete base is appropriate for the type of artwork and will not contribute to an unsafe situation for the artist nor the public. The statue will be located within an existing landscaped planter with a brick border, which will provide added security and safety from vandalism. 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 location of the artwork will be in a location that will be visible to the general public in a high pedestrian traffic area of Centennial Park directly adjacent to the Swinging Bridge, a major city landmark . The proposed artwork has been designed to be appropriate for all members of the public. 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; RESOLUTION NO. 2026-011 PAGE 3 The artwork, as proposed, does not contain copyrighted materials, obscenity, defamatory content, fighting words or invitations to imminent lawlessness, or advertise products or services. 8.Public Art proposed in the D-2.4 Historic Character Overlay District is also subject to the following criteria: a.An identified relationship to the social, cultural and historical identity of the area; b.An identified relationship to the site's existing architectural features; c.The nature of the site's surrounding neighborhood and potential impact of the public art project on residents, businesses, and existing works of art or design elements within the site's vicinity. The artwork is a bronze fox intended to depict “Foxy”, a small gray fox that lived along the banks of Arroyo Grande Creek and whose natural territory included the Village area, which is within the D-2.4 Historic Character Overlay District. The bronze statue is a symbol of the community’s appreciation for the natural environment surrounding the creek area. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Arroyo Grande hereby: 1.Recitals. Finds that all recitals above are true, correct, and incorporated herein. 2.CEQA. Finds that installation of a public art statue 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 a mural 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. Approval. Approves the project as described and shown in Exhibit “B” attached hereto and incorporated herein by this reference with the above findings and subject to the conditions of approval as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3.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 otherwise void, that determination shall not affect the validity of the remaining sections, divisions, sentences, clauses, or phrases of this resolution. RESOLUTION NO. 2026-011 PAGE 4 On a motion by Council Member Loe, seconded by Council Member Guthrie, and by the following roll call vote to wit: AYES: Council Members Loe, Guthrie, Secrest, and Maraviglia NOES: Mayor Ray Russom ABSENT: None the foregoing Resolution was adopted this 10th day of February, 2026. 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 RESOLUTION NO. 2026-011 PAGE 5 RESOLUTION NO. 2026-011 PAGE 6 EXHIBIT “A” CONDITIONS OF APPROVAL ARCHITECTURAL REVIEW 25-003 CENTENNIAL PARK CONDITIONS OF APPROVAL Planning Division 1.The applicant shall ascertain and comply with all Federal, State, County and City requirements as are applicable to this project. 2.The public art shall be installed in conformance with the depiction on Exhibits “B” and “C” of this Resolution, and located in a landscaped planter in Centennial Park, east of the swinging bridge entrance, depicted in Exhibit “C” of this Resolution. The method of secure installation for the public art shall be reviewed by the Director of Public Works prior to installation. 3.To the extent permitted by law, Applicant shall defend, indemnify and hold harmless the City of Arroyo Grande, its City Council, its officers, employees and agents (the “indemnified parties”) from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void any permit or approval for this project authorized by the City, including (without limitation) reimbursing the City its actual attorney’s fees and costs in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice. The Applicant shall reimburse the City for any court and attorney's fees which the City may be required to pay as a result of any claim or action brought against the City related to this permit or approval. Although the Applicant is the real party in interest in an action, the City may, at its sole discretion, participate at its own expense in the defense of the action, but such participation shall not relieve the Applicant of any obligation under this condition. RESOLUTION NO. 2026-011 PAGE 7 Exhibit B Fox Statue Depiction RESOLUTION NO. 2026-011 PAGE 8 RESOLUTION NO. 2026-011 PAGE 9 Exhibit C Project Location 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. 2026-011 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 10th day of February, 2026. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 12th day of February, 2026. JESSICA MATSON, CITY CLERK