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R 4411 RESOLUTION NO. 4411 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING THE DESIGN GUIDELINES AND STANDARDS FOR MIXED USE DISTRICTS AND MODIFYING THE PUBLIC ART �' GUIDELINES AND PUBLIC ART DONATION PROGRAM (DEVELOPMENT CODE AMENDMENT 11-005) � WHEREAS, In 2002 the City Council approved measures to promote art, in the community, establish a uniform process for the review and selection of public art on public and private property that would be reflective of the community but limit City Government involvement, and identify general guidelines and selection criteria to promote creativity and freedom of expression, but also compatibility with the character design and environment of the surrounding area; and WHEREAS, In 2004, the City Council adopted a Resolution and an Ordinance approving Public Art Guidelines and incorporating them by reference that incorporated the approved criteria and process as part of the Design Guidelines and Standards for Mixed Use Districts; and WHEREAS, Section 16.08.010 of the Municipal Code specifies documents that are incorporated by reference into Title 16 of the Municipal Code; and WHEREAS, the City's Planning Commission,of the City of Arroyo Grande considered and recommended approval of the amended Public Art Guidelines at a duly noticed public hearing on October 18, 2011 in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard; and WHEREAS, the City Council finds that this project is consistent with the City's General Plan, Development Code and the environmental documents associated therewith, and has the project is exempt under per Sections 15061(b)(3) and 15378 of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, the City Council of the City of Arroyo Grande considered the amended Public Art Guidelines at a duly noticed public hearing on November 8, 2011, in accordance with the Development Code of the City of Arroyo Grande at which time all interested persons were given the opportunity to be heard. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande that the Design Guidelines and Standards for Mixed Use Districts are amended to delete therefrom the Public Art Guidelines. BE IT FURTHER RESOLVED that the City Council hereby amends the Public Art Guidelines and Public Art Donation Program in its entirety as shown in Exhibit A, attached hereto and incorporated herein by this reference. RESOLUTION NO. 4411 PAGE 2 . On motion by Council Member Costello, seconded by Council Member Brown, and by the following roll call vote, to wit: � AYES: Council Members Costello, Brown, Guthrie, and Mayor Ferrara - NOES: None ABSENT: Council Member Ray the foregoing Resolution was adopted this 8th day of November 2011. RESOLUTION NO. 4�{( l " PAGE 3 � � TONY FE , MAYOR ATTEST: KELLY W M E, CITY CLERK APPROVED AS TO CONTENT: S EV ADAMS, CITY MANAGER APPROVED AS TO FORM: /V�i � TI,' OTHY J. EL, CITY ATTORNEY , CITY OF ARROYO GRANDE PUBLIC ART Public Art Guidelines And Public Art Donation Program Adopted by City Council Resolution No. 3787 October 12, 2004 Ordinance No. 557 October 26, 2004 Amended by City Council Resolution No. 4411 November 8, 2011 © 2004, 2011 City of Arroyo Grande All Rights Reserved EXHIBIT "A" CITY OF ARROYO GRANDE PUBLIC ART PUBLIC ART GUIDELINES Purpose The purpose of these Guidelines is to create a framework to facilitate and encourage property owners to provide outdoor public art on their property, or, if approved by the Director of Community Development, in the adjacent public right-of-way. For purposes of these Guidelines "Public Art" shall mean art located on private property that is displayed in an open area that is freely available to the general public or public accessibility is provided based upon the characteristics of the artwork or its placement on the site. Arlwork may include free-standing pieces (e.g. a sculpture or water fountain) or may be integrated into its surroundings as an architectural element(e.g. relief sculpture embedded in pavement or a wall, a mosaic or mural on a wall, decorative railings or lighting. These Guidelines aze intended to assist artists, citizens and city officials and staff to understand the City's goals regarding art that is displayed in a manner that is available and accessible to the general public. T'he 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. Process These Guidelines are applicable to public art projects proposed to be located on private property or by a private owner in the adjacent public right of way. The guidelines and criteria contained herein shall also apply to public art projects on City property, which shall be considered and approved by the City Council, in consultarion with the San Luis Obispo County Arts Council, and with the recommendation of the Parks and Recreation Commission if art is proposed to be placed on park property, and are subject to the Public Art Donation Program to the extent applicable. Public Art Panel In order to solicit community input and involvement for the consideration and promotion of public art on private property in the City, a Public Art Panel has been established to review all public art. The 7 member panel is made up of the following representatives to be convened as needed(a minimum of 6 members shall be residents or business owners in Arroyo Grande): ❖ 2 representatives from the property owner. ❖ 2 representatives designated by the County Arts Council ❖ 1 representative from the Architectural Review Committee. ❖ 1 representative from the Chamber of Commerce or 1 representative from the Village Improvement Association if the project is within the Village Districts. ❖ 1 representative from the Historical Society. CITY OF ARROYO GRANDE PUBLIC ART The Public Art Panel will convene to approve public art by a majority vote after the piece or plans are presented at a public hearing held by the City Council for the purpose of obtaining community input. The San Luis Obispo County Arts Council shall act in an advisory capacity to the Public Art Panel. Guidelines The following guidelines developed by the San Luis Obispo County Arts Council are intended to facilitate and encourage Public Art that is proposed to be placed on private property or by a property owner on adjacent public right of way within the City: 1. Public art shall be of high artistic quality. 2. Public art shall be compatible with the immediate site and neighborhood in terms of social and cultural characteristics, architectural scale, materials, land use and geographical and environmental context. 3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements. - 4. Consideration shall be given to any public safety or public health concerns related to, or created by, the artwork. 5. Public art shall be constructed of durable, high-quality materials and require minimal or no maintenance. - 6. Public art shall be securely installed. 7. A wide variety of artistic expression is encouraged. However, expressions of profanity or wlgarity are inappropriate. Selection Criteria T'he following are considerations for the selection of public art 1. Relationship to the social, cultural and historical identity of the azea 2. Evaluation of artistic excellence; 3. Appropriateness of scale, form, material, content and design relative to the immediate neighborhood; 4. Appropriateness of proposed materials as regards to structural and surface integrity, protection against vandalism, public safety and weathering; 5. Ease of maintenance; CITY OF ARROYO GRANDE PUBLIC ART 6. Appropriateness of proposed method of installation and artwork and safety and structural factors involved in installation; 7. Artist's experience in working on compazable projects. The City or Public Art Panel may consider a revolving art program for a proposed location on an ongoing basis. Location Public art is allowed in any district and is strongly encouraged in the Village Downtown, Village Mixed Use, Gateway Mixed Use, Fair Oaks Mixed Use and Public Facility Districts. Promotion of public art visible from intersections within these districts as well as proximate to public gathering areas,plazas and public parking areas is highly recommended. PUBLIC ART DONATION PROGRAM Purpose Public art can provide aesthetic, cultural and economic benefits to the community. The City of Arroyo Grande Public Art Donation Program is a means by which an artist, or an individual or group commissioning an artist,may donate, gift or bequeath public art to the City of Arroyo Grande for location in a city owned public place. Definition Public art can be defined as "The engagement of an artist with public place involving original, creative work by an individual or a group." This includes functional and original works of art that also serve as capital improvements, such as, but not limited to seating, fountains, lighting, and free standing art forms. Pre-fabricated manufachued items such as benches, fountains etc. are not considered public art. Proposal Proposals should include: 1. A donor application form (See Attachment 1) 2. The artist or donor's name, 3. Title of the work and artist statement 4. Description of the work (such as a photograph, artist's rendering or computer generated image) 5. The materials and size of the work 6. A preferred public location � 7. A statement from the donor and artist that the art is free of encumbrances CITY OF ARROYO GRANDE PUBLIC ART 8. The artist's resume if available 9. Estimated value of donated work 10. Recommended manner of installation 11. Estimated maintenance cost Process The following steps will result in the review and decision regarding a proposal: 1. The proposal would be submitted to the Community Development Department to review it to: a. Determine ongoing and General Plan consistency, accuracy and appropriateness. b. Insure it would not create an undue risk or a safety problem. c. Consider maintenance requirements d. Determine durability e. Identify any engineering concerns 2. The proposal will be reviewed by the Parks and Recreation Commission if proposed to be placed on a park property. 3. Recommendations will be forwarded to the City Council for review and action during a public hearing. The Council would have final approval of the donation. Guidelines for Review of the Proposal The following guidelines would be used for review of art donations: 1. Public art shall be of high artistic quality. . 2. Public art shall be comparible with the immediate site and neighborhood in terms of social and culturallhistorical characteristics, architectural scale, materials, land use and geographical and environmental context. 3. Public art shall not impede pedestrian or vehicle traffic or conflict with public or private easements. 4. Consideration shall be given to any public safety or public health concerns related to or created by the artwork. 5. Public art shall be constructed of durable, high-quality materials and require minimal or . no maintenance. CITY OF ARROYO GRANDE PUBLIC ART 6. Public art shall be securely installed. 7. A wide variety of artistic expression is encouraged. However, expressions of profanity or vulgarity are inappropriate. Displav of Public Art 1. A contract shall be executed between the artist and the City establishing the terms of the proposed installation. 2. Artwork shall be displayed to include the artwork title, artist's name, patron's name if applicable and date of completion. The materials used and a short explanation of the work could be included as an option. Plaques will not be used for advertising purposes. 3. Prior to accepting the project, the Community Development Department shall receive from the artist or donor a set of plans, specifications, and a copy of a maintenance record, which identifies maintenance, installation and removal instructions. The transportarion, installation and adjunct costs (such as engineering, a base for the artwork or other installation elements)related to artwork are the responsibility of the donor. 4. Once the art piece is installed (by the donor under the supervision of City staff with the artist's installation direction and donor installation funding), it will require inspection and sign offby a City Building Inspector. 5. Following inspection, the artwork shall become the property of the City. A publicized dedication ceremony shall be held to present the art piece to the community. - � OFFICIAL CERTIFICATION � I, KELLY UVETMORE, City Clerk of the City.of Arroyo Grande, County of San � Luis Obispo, State of California, do hereby certify under penalty of pe�jury, that Resolution No. �4411� is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 8th day of November 2011. WITNESS my hand� and the Seal of the City of Arroyo Grande affixed this 10tn . day of November 2011. � � KELLY W MO E, CITY CLERK � _