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City of San Clemente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361-8264 | Fax: (949) 361-8280
ART ON CITY-OWNED PROPERTY
PROCEDURE & APPLICATION
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. All interested parties must proceed through the following process.
SUBMITTAL OF PROPOSAL
All proposals for privately funded public art placed on City property must be submitted by using the Art on City-Owned Property Application. 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 and refrain from the use of any copyrighted or trademarked images. Applications should be submitted to the Recreation Division with attention the Recreation Manager.
EVALUATION & APPROVAL OF PROPOSAL
Evaluation Process
Once the proposal is received by the Recreation Manager, it will be reviewed within 4-6 weeks. The Manager will evaluate the project based on the guidelines below and may make suggestions for improvements before proceeding forward through the remainder of the process.
Evaluation Guidelines
Project concepts will be evaluated based on, but not limited to, the following criteria:
• Understanding of the work that may be required by the City (ie. possible preparation of site) • Evaluation of artistic excellence related to the art theme and concept • Appropriateness of scale, form, material, content and design relative to the site • Relationship to the social, cultural and/or historical identity of the site • Compatibility and enhancement of the surrounding community • Appropriateness of proposed materials in regards to structural and surface integrity, public safety, potential weathering, and its protection against vandalism • Ease of long-term maintenance
• Any relevant experience in working on comparable projects • Projects proposed for areas of high historical sensitivity, such as the Ole Hanson Beach Club and surrounding area, should be given the closest possible scrutiny to determine if the project would be an enhancement to the area
Approval Process
Once a privately funded project is recommended for placement on City-owned property, it will be reviewed by the City departments and advisory bodies listed below. The Recreation Manager acts as the project manager for all projects and is responsible for guiding the requesting agent/agency through the following approval stages.
1. Recreation Manager receives and reviews the proposed project to assure that it complies with the preliminary guidelines listed above.
2. Public Works Director or his/her designee reviews the proposal to assure:
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City of San Clemente | Art on City-Owned Property
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a. that the artwork's placement will not create undue difficulties for maintenance of the surrounding area, and
b. that the proposed materials are durable and will not create significant maintenance problems for the artwork itself.
3. Public Notice is displayed at the site being requested. The notice will remain in effect for 30 days, affording the general community and surrounding neighborhood an opportunity to understand the project that is being considered. Notice will also be delivered through the press media, City social media networks, and by display on the City website.
4. Design Review Subcommittee reviews the proposal to assure that it abides by any possible architectural overlays or other related restrictions that maybe affected by the project.
5. Beaches, Parks and Recreation Commission reviews and provides recommendation to Council on how to procced.
6. City Council makes additional recommendations and/or approves the concept and authorizes execution of the project.
Appeal Process
If the proposal is rejected at any stage, the requesting agent or agency has the right to appeal this decision to the City Council. The findings and rationale for rejecting the project will be made available to the Council when considering the appeal.
LABELING OF ARTWORK
Standard Plaque
The donor is directed to purchase and install a plaque for the artwork or the Recreation Manager may seek approval from Council to use public funds for the plaque. If the donor wishes to purchase and install the plaque, the following standard format must be used:
• Title of artwork
• Artist’s name
• Date of completion
• Material(s) used (optional)
• Short explanation of work (optional)
Deviation from Standard Plaque
All requests to deviate from the standard plaque are made to the Recreation Manager.
FINAL ACCEPTANCE
Maintenance. The Recreation Manager provides the Public Works Department with a Public Art Maintenance Record form. See details regarding routine maintenance and scheduling in the section of this document titled ‘Maintenance and Repair’, this includes estimated lifespan of artwork.
Inspection and Acceptance. All donated projects on public property must have final inspection approval by the City's Public Works Department and the Recreation Manager. A formal letter of acceptance will be completed and delivered.
Ownership. Upon completion, the artwork becomes the property of the City of San Clemente. See details regarding routine maintenance and scheduling in the section of this document titled ‘City’s Right of Ownership’.
DEDICATION OF ARTWORK
Once installation is complete, the Recreation Division organizes a dedication ceremony that formally presents the piece to the community, recognizing the artistic efforts of the artist and/or organization(s).
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INSURANCE REQUIREMENTS
The City’s Risk Manager will be consulted to determine the appropriate type and level of insurance that may be required to carry by an artist during the time the artwork is being installed.
Once artwork is formally accepted, the City assumes responsibility and liability for the art and insurance will not be required.
AGREEMENT/CONTRACT PREPARATION
Upon conceptual approval of the project by the City Council, the artist and/or requesting organization and the City will sign a contract establishing the terms of the proposed installation of public art in the designated public place. This contract will define responsibilities of both parties and will include insurance requirements, terms of installation, and other terms as may be deemed necessary through legal review. This contract can vary based on each individual project that is proposed and approved.
MAINTENANCE AND REPAIRS
Like all City facilities, public art requires maintenance and occasional repairs. The City's guidelines encourage artwork requiring "little or no maintenance", however artwork will vary in the amount of maintenance required, resistance to vandalism, and ease of repair. Maintenance shall be comprised of the following:
• Maintenance Record Form
It is essential that the artist and the City be clear about maintenance expectations from project initiation. Prior to final acceptance of the artwork, the Recreation Manager ensures that the artist has completed a Public Art Maintenance Record Form. The original copy of the form is kept by the Recreation Manager and a copy is forwarded to the Public Works Department. • Maintenance Responsibility
The Public Works Department is responsible for maintaining City facilities, and this includes all City-owned public art. 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.
• Types of Maintenance. The City is responsible for:
o Routine Maintenance. Such maintenance may include trash and graffiti removal, cleaning, waxing, and/or minor landscaping. 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.
o Cyclical Maintenance. Cyclical maintenance is done at regular, but much less frequent intervals. It involves more extensive treatment such as 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:
Consult the artwork's Maintenance Record Form for specific procedures, or Consult the artist or other art professional on use of cleaning compounds, paints, solvents, and surface coatings.
o 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. In many cases restoration City of San Clemente | Art on City-Owned Property
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to original condition is not practical or achievable. The City will take the best possible care to maintain the artistic integrity of artwork.
CITY’S RIGHT OF OWNERSHIP
Upon completion of artwork, the City assumes complete ownership of artwork installed in or around City owned properties. The City may adhere to the following standards:
• Relocation, Alteration or Removal
Over time City-owned artworks may need to be relocated, altered, or removed from public display.
Reasons for such changes could be as follows:
o significant changes occur in the design or function of the site or facility where the artwork is located;
o 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; o to allow repairs or restoration that could not be effectively done in place; o supporting structure is no longer in fair condition, is deemed unsafe, and/or will require repairs beyond normal wear and tear; or
o to improve public health, safety or welfare.
As necessary as removal or relocation may seem, it should be undertaken only after careful consideration. 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. To ensure that all parties' needs and rights are considered, City Manager approval must be secured for the relocation, alteration, or removal of permanent, city-owned artworks.
Contract language on relocation, alteration or removal ensures that:
o 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; o The City has the permanent addresses and phone numbers of the artist and/or organization of at least one responsible party who can be contacted regarding relocation, alteration or removal. It is the responsibility of the artist to keep this information current. • Approximate Lifespan
The lifespan of artwork can vary based on original application and unforeseen maintenance challenges. It is estimated that the approximate lifespan for coastal zone locations is 10 years and the approximate lifespan for inland location is 15 years.
Please retain this packet of information for your records throughout the art planning process.
City of San Clemente Art on City-Owned Property Application Pg. 1 of 2 City of San Clemente
Beaches, Parks and Recreation Department
100 N. Calle Seville, San Clemente, California 92672
Phone: (949) 361-8264 | Fax: (949) 361-8280
ART ON CITY-OWNED PROPERTY APPLICATION
Please review the procedure guidelines before completing this application. The donor/owner must complete and sign this application form. If the donor/owner is not the artist who created the artwork, the artist must also sign this Application below. In order to process your application as quickly as possible, the application must be submitted to the Recreation Division in complete form. Incomplete applications will be delayed in the review process and are grounds for denial.
APPLICANT INFORMATION
Donor/Organization Name:
Primary Contact: Phone:
E-mail Address:
Mailing Address:
Non-Profit ID #: SC Business License #:
ARTWORK INFORMATION
Title of Artwork:
Artist Name/Company:
E-mail Address: Phone:
Mailing Address:
Proposed Location:
Description of Work:
(Attach additional
drawings, models,
photographs or other
graphic depiction
which will help more
clearly define the
artwork)
Goal of the
artwork/significance to
the community:
Materials/Medium: Dimensions:
Appraised Value:
Is the artwork commissioned? ☐ Yes ☐ No Is the artwork donated? ☐ Yes ☐ No If commissioned, please provide the artist’s SC Business License #:
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ACKNOWLEDGEMENT OF APPLICATION AND EXPECTATIONS
By signing this Application below and in consideration for participating in the City’s Art on City-Owned Property program, the artist/owner acknowledges and understands that upon completion and installation of the artwork, and upon its acceptance by the City Council, the work shall become the property of the City of the San Clemente. The City retains the right to remove or relocate the artwork in its sole discretion as the interest of the public welfare, health and safety may require.
If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City retains the right to remove, restore, repair or replace the artwork at any time in keeping with the artist’s original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in any restoration work.
I have read, understand and accept the terms herein and represent that I am the______________________ of the artwork which is the subject of this Application.
Print Name Signature Date
I have read, understand and accept the terms herein and represent that I am the______________________ of the artwork which is the subject of this Application.
Print Name Signature Date
Please make a copy of the application for yourself, prior to submitting it to the Recreation Division. Your application will be circulated to all additional approval bodies and required City departments.
SUBMISSION CHECKLIST
□ Application
□ Copy of City of San Clemente Business License (plus, artist’s if applicable) □ Photo of proposed location
□ Design Concept & Drawings
Please submit this application to the City of San Clemente Recreation Division by email at [email protected] or mail to 100 N. Calle Seville, San Clemente 92672. For questions, please contact Recreation at (949) 361-8264.
(owner, artist, or owner/artist)
(owner, artist, or owner/artist)