CITY OF SAN MATEO
City Council Special Meeting
November 20, 2023
5:30 PM
City Hall Council Chamber 330 W.
20th Avenue San Mateo CA 94403
Entrance is on O’Farrell Street
COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.
AGENDA
THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.
PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.
SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.
To join via Zoom – click here:
November 20, 2023
To join via telephone: (408) 638-0968
Webinar ID: 890 6347 4166 Passcode: 613361
CALL TO ORDER
Roll Call
STUDY SESSION
The public will have an opportunity to comment during the consideration of these items.
1. Art Exhibit Policy – Study Session
Review the Draft Art Exhibit Policy and provide feedback and direction.
CEQA: This study session is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b) (5).)
CLOSED SESSION
The public will have an opportunity to comment before the consideration of these items. Following the meeting a report of action from Closed Session will be provided if required.
2. Conference with Legal Counsel – Existing Litigation, Workers’ Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9.
Name of Case: Marcelino Enriquez
3. Conference with Legal Counsel – Existing Litigation, Workers’ Compensation (Paragraph (1) of subdivision (d) of Government Code Section 54956.9.
Name of Case: Stephen Bennett
ADJOURNMENT
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AGENDAS:
Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.
WATCHING A MEETING ON TV:
City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.
For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.
WATCHING A MEETING ON A COMPUTER:
There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings
2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream
PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.
During the meeting
By Zoom:
Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.
By telephone:
Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.
In Person:
At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.
ACCESSIBILITY:
In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.
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CITY OF SAN MATEO
CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 1 Section Name: STUDY SESSION Account Number: 10-6661 File ID: 23-8214 TO: City Council
FROM: Alex Khojikian, City Manager
PREPARED BY: Library Department
MEETING DATE: November 20, 2023
SUBJECT:
Art Exhibit Policy – Study Session
RECOMMENDATION:
Review the Draft Art Exhibit Policy and provide feedback and direction.
BACKGROUND:
The maintenance of a robust Art Exhibit Policy is essential for the City’s endeavor to make City facilities welcoming and stimulating spaces. The City’s art exhibits are spaces of municipal expression meant to enhance the aesthetic experience of visitors and staff. They are public forums of expression.
While, for nearly two decades, the City’s existing Art Exhibit Policy provided staff and volunteer community advisors with a general framework for granting gifted local artists the opportunity to display their work in well populated civic spaces, it was recently revealed to not provide clear direction on the selection of specific works of art for display by the City. Under the existing selection framework, the library art coordinator worked with the selection advisory committee to identify artists whose work demonstrated talent, diversity of perspective, and high aesthetic quality. The committee selected the artists who would display work at city facilities by thoughtfully evaluating a sampling of their work.
After the artists were notified that they had been chosen, the artists were allowed to independently choose a selection of their work and personally set up the display of their art. This meant that the committee, staff, and visitors could learn what works had been chosen only after they were put on display. This process recently resulted in the display of art pieces in City Hall that led to concerns on the part of staff and community members. The City Manager’s Office responded by pausing the City art program in order to further evaluate and appropriately amend the policy to prevent future episodes and provide clearer guidance on the art selection process.
The City Manager’s Office led an interdepartmental working group, as well as gathering advisement from the Library Board of Trustees, to evaluate best practices and guidelines in other municipalities towards the objective of amending the City’s Art Exhibit Policy to include a review and final approval of specific artworks being put forth for display on City premises by the City Librarian and the City Manager (or designated personnel).
In addition to providing staff with clear direction on the process of selecting art for displaying art in City art galleries, it also clarifies the purpose and provides parameters of displaying art in city exhibits. It is also meant to provide transparency for artists and community members who may be interested in understanding how the art galleries operate and are managed.
On October 23, 2023, the City Librarian presented a draft Art Exhibit Policy to the Library Board. The Library Board provided feedback and recommendations for City Council consideration. The revised Art Exhibit Policy is included as Attachment 1. Following this study session, staff will return to the Council during a subsequent regular meeting with a
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CITY OF SAN MATEO
request to approve the Art Exhibit Policy, as directed by Council.
BUDGET IMPACT:
There is no budget impact associated with this study session.
ENVIRONMENTAL DETERMINATION:
This study session is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
NOTICE PROVIDED
All meeting noticing requirements were met.
ATTACHMENTS
Att 1 - Draft Art Exhibit Policy
STAFF CONTACT
James Moore, City Librarian
[email protected]
(650) 522-7802
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116 – Art Exhibit Policy Page 1 of 4 11/6/2023
S t a f f P o l i c i e s M a n u a l
Title: Art Exhibit Policy
Policy #: 116
Sponsored by: City Manager
Approved by: City Council
Date: Issued: __/__/____ Amended: __/__/____
Purpose
It is the policy of the City of San Mateo (“City”) to outline the process, rules, and restrictions for selecting artwork that will be displayed at City of San Mateo facilities. This policy provides guidelines as to how art is selected and exhibited in the City’s art gallery spaces.
Scope
This policy shall apply to all city employees and staff unless a department policy addresses the same subject.
Definitions
1. City Art Gallery Spaces
a. The San Mateo main public library at 55 West Third Avenue:
i. The first floor adjacent to the community meeting room is for two- dimensional art;
ii. On the second floor there is a display case for three-dimensional art. b. City Hall at 330 W. 20 th Avenue
i. The hallway extending from the City Hall atrium to the Conference Room C is for two-dimensional art;
ii. The atrium there is a display case for three-dimensional art.
2. Display Rotation - Artwork may be displayed solely at the Main Library or may rotate to be displayed at both the Library and City Hall.
Policy
1. The purpose of the policy is to outline how artwork is to be displayed in City Art Gallery Spaces and to encourage artwork that supports the values of the City.
City Art Gallery Spaces are not a public forum but instead represent spaces solely for City speech. In selecting and displaying artwork in accordance with this policy, the City is engaging in its own expressive activity. City Art Gallery Spaces may be closed by the City Manager or designee at any time, for any reason, and without prior notice. Artists will be provided with a reasonable opportunity to retrieve their artwork. The City may use
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any City Art Gallery Space at any time, but will endeavor to reserve such spaces in advance, such as for holiday displays. The availability of exhibit space is at the sole discretion of the City. .
2. Although the Art Advisory Committee considers a wide range of artistic expression in selecting potential artists, City art display areas are not exclusively gallery or exhibition space. Again, City Art Gallery Spaces are not public forums. Exhibits may not include defaming or obscene materials as defined by the U.S. Supreme Court, or material which would lead to breach of peace, or which advocates the violation of local, state, or federal criminal laws.
3. City facilities are frequented by diverse staff and community members, including children, therefore the City will not display artwork or other materials containing explicit sexual imagery, nudity, graphic depictions of violence, or any artwork or materials that create a hostile work environment for employees. Exhibit space shall not be used for commercial advertising or to support or oppose political candidates, political parties, or ballot measures. The views in the works exhibited are those of the artists and are not necessarily those of the Art Advisory Committee, the Library, or the City.
Responsibility
1. The Art Advisory Committee (“Committee”) comprised of a minimum of two and no more than seven community representatives and library staff. The Committee is responsible for advising city staff on the selection of artwork that represents spaces for City speech in accordance with this policy and art that represents the diversity of our community and eclectic artistic styles and mediums.
2. City Manager or their designee, must give final approval of the art to be displayed in any City Art Gallery Space prior to its display.
3. City Librarian must also give final approval of the art to be displayed.
4. Exhibit Coordinator is responsible for convening the Committee, advertising to artists to submit work for consideration, scheduling the art displays and communicating with required city staff.
Committee Procedures
1. Once per year the Committee invites artists to present a cross section of their work for consideration.
2. The Art Gallery Exhibitor Agreement shall be signed by both the City Librarian and the City Manager or designee.
Artist Submittal Requirements
1. Artists who are interested in exhibiting artwork at a City Art Gallery Space may submit their contact information to be notified when the next review will be scheduled.
Applications will be processed with scheduling priority given to local artists and artists who have not previously presented an exhibit.
2. If the artist has a website or has had previous exhibits, that information shall also be provided to the Committee.
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3. Potential artists wishing to exhibit two-dimensional art must have a minimum of twelve (12) pieces available to hang for the duration of the two-month exhibit period. Art pieces may be available for sale, but that is not a requirement for exhibiting.
4. Prior the displaying art, artists shall sign an “Art Gallery Exhibitor Agreement” and an “Exhibitor’s Inventory” listing all works that are to be shown, together with the selling price (or “NFS” if not for sale). The listing must include the artist’s name, telephone number and instructions for contacting the artist to arrange for the purchase of any artwork. Artists are also requested to include a brief biography and artist’s statement for display.
5. Within two weeks of being notified that a submission was accepted for exhibition, the artist must contact the Exhibit Coordinator to arrange the following: (a) possible exhibit dates and (b) other deadlines, especially for promotional purposes. Three weeks prior to the exhibition date, the artist must submit a final list of works to be shown, along with images or representations of all the specific art to be displayed.
Exhibition Procedures
1. All two-dimensional art must be suitably framed, with hanging apparatus (screw eyes and wire). Work that is fragile in nature or whose framing or display arrangement is of questionable durability may be rejected. Framed artwork must be installed on the gallery’s hanging system, no nails or hooks or mounting tape may be used.
2. Interested artists may arrange for a reception to be held at the library, at their own expense, provided appropriate space is available. The Meeting Room Rental Fee will be waived for public receptions. If a private reception is desired the Meeting Room Rental Fee will apply.
3. Participating artists are encouraged to promote their exhibit through invitations and announcements. The Library will arrange for publicity to inform the general community about the exhibit. Permission to photograph and reproduce any work accepted in the exhibition for publicity purposes is considered granted unless otherwise stated in writing.
For each work, the artist is to provide a display card or title label indicating the name of the work, artist’s name and medium. Prices will not be displayed on individual works but will be available as part of the exhibit information available to the public at the Library’s service desks, or if at City Hall at the City Clerk’s Office. All other promotional materials must be approved by the Exhibit Coordinator, the City Librarian, and the City Manager or designee.
4. The artist is responsible for the installation and dismantling of the exhibit as scheduled with the Exhibit Coordinator. The artist assumes total responsibility for the transportation of all work to and from the Library or City Hall. If City staff must dismantle an exhibit because it is not removed as scheduled, the City is not responsible for any damages and the artist will be billed for staff time. The City does not provide staff to serve as attendants during an exhibit. The provision of an attendant (if desired) is the responsibility of the exhibitor.
Liability Statement
The artist completes and submits the Art Gallery Exhibitor Agreement that unconditionally releases the City of San Mateo, its elected and appointed officials and employees, and the Art
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Advisory Committee from any liability in connection with the exhibit. The City does not accept liability for damages, losses or theft to the materials exhibited. The exhibit space must be left in satisfactory condition. Exhibitors using the space assume liability for damages to City property resulting from said usage, as assessed by the City. The City will dispose of abandoned exhibit materials after reasonable effort has been made to contact the artist.
Sales
Works of art may be offered for sale, with prices established by the artist. The City will not serve as sales agent but will provide interested persons with a list of prices and contact information.
The artist is responsible for conducting the sale of any work directly with the purchaser. Works that are not available for purchase must be designated “NFS” (Not for Sale). Works sold must remain on exhibit throughout the designated period.
Policy History
Include history of previous amendment dates and any references to other numbers the policy was known under, in an enumerated list:
1. Library’s Art Exhibit Policy
Contact for this Policy
City Librarian
Approval
This policy was issued on ________ and approved by City Council at its 11/20/2023 meeting.
ALEX KHOJIKIAN
CITY MANAGER
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Study Session for City
Art Exhibit Policy
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20 -
23 James Moore
City Librarian
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Background
• City's Art Exhibit Policy has been in place for nearly two decades • The Policy outlines the process, rules, and restrictions, for selecting artwork that will be displayed at City facilities
• City Art Gallery Spaces
• Main Library
• City Hall
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Why are we proposing to amend the policy?
• So that staff, artists, and stakeholders have a clear guide as to how art is selected and displayed at City facilities
• So that the policy is up to date with current best practices of municipal art galleries
• So that the City can display art that enriches the experience of our facilities for visitors and staff while respecting the diverse perspectives of our stakeholders
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First Thoughts
• Tonight is the initial review of the proposedamended
Policy by the City Council
• Proposed amendments are based on:
• Contextual information provided by City staff
• Review of municipal art gallery best practices
• Feedback from the Library Board
• Detailed review and discussion between the City Librarian and Library Art Coordinator of the policy and practices of the Art Advisory Committee
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What We Learned
• The existing policy needed to be updated based on the established policy review schedule
• The existing policy needed to be more specific regarding the purpose of gallery and display spaces
• The existing policy had gaps in procedures and practices of the art committee
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Key Recommendations
• Clarification that galleries are areas of City expression and not public forums
• Update policy to reflect organic evolution of selection practices since the last update of the Policy
• Clearly state types of art that will not be displayed at City facilities and explain why
• Coordinator and Advisory Committee to view representations of specific pieces of individual art works for display consideration • Designate City Librarian and City Manager or their designee to give final approval of any pieces of art to be displayed at City facilities 6 14 of 15
Next Steps
• Receive City Council feedback on proposed Policy Amendments • Further Policy refinement by Incorporating City Council feedback and direction
• City Manager will update and approve thepolicy at a staff level after incorporating Council direction
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