SECTION 302 - PUBLIC ART AND DESIGN GUIDELINES

SANTA CRUZ COUNTY

PUBLIC ART AND DESIGN GUIDELINES

1.0 PURPOSE

These are the guidelines Santa Cruz County utilizes for the purpose of imple-

menting the public art and design program established by the Santa Cruz

County Board of Supervisors.

2.0 GOALS

The goals of the public art program are to: enhance the visual environment for

the citizens of Santa Cruz County, to integrate the design work of artisits into

the development of County public works projects, and to promote tourism and

economic vitality of the County through the enhancement of public spaces.

3.0 DEFINITIONS (See Appendix I)

4.0 DEVELOPMENT OF ANNUAL PUBLIC ART PLAN

4.1 When a department envisions a capital improvement project which would be

eligible for a public art component the Department Head shall meet with the

Director of the County of Santa Cruz Department of Parks, Open Space

and Cultural Services (POSCS) or designee, in order to develop a public

art project description, budget and timeline for approval by the Board of

Supervisors. The timeline shall ensure that the artist is selected and the

contract executed before the project architect has finalized conceptual

plans.

4.2 The Director of POSCS or designee shall present upcoming capital projects

to the Arts Commission which will, on an annual basis, create a proposed

Public Art Plan. This plan shall include the proposed art projects, budg-

ets, recommendations for the specific approach to art in each of the

projects and definition of the artist selection processes for approval by the

Board of Supervisors. When possible, the presentation to the Board of

Supervisors shall take place during the month of August.

4.3 The Arts Commission may, from time to time during the course of the year,

recommend to the Board of Supervisors modifications to the Public Art

Plan.

5.0 USES OF FUNDS

5.1 Inclusions

a) Funds, 1-2% of total construction cost as defined by the Board of

Supervisors in the 1991 Ordinance (see Attachment II) from eligible

construction projects, may be allocated for artists design services and

the acquisition or commissioning of Public Art Projects.

b) Up to five percent (5%) of the funds from public art projects may be

allocated for community education activities and program support

costs. Funds in this category may be expended for identifying

plaques, documentation, public amenities, dedications, advertising,

artist selection costs, publicity, contracted services and other pur-

poses recommended by the Arts Commission for the administration of

the program and approved by the Board of Supervisors in the project

budget.

c) Five percent (5%) of the funds from public art projects may be allo-

cated and placed in a special account for maintenance and preserva-

tion of art works funded by the Public Art Program.

6.0 ARTWORKS

6.1 Eligible Artworks

It is the policy of the County of Santa Cruz that all artworks commissioned

or acquired under the public art program be designed by visual artists.

Such artworks may include, but are not limited to, the following:

a) Sculpture: free-standing, wall supported or suspended; kinetic,

electronic; in any material or combination of materials.

b) Murals or portable paintings: in any material or variety of materials,

with or without collage or the addition of non-traditional materials or

means.

c) Earthworks, fiberworks, neon, glass, mosaics, photographs, prints,

calligraphy, any combination of forms of media including sound,

literary elements, film, holographic images, and video systems; hy-

brids of any media and new genres.

d) Furnishings or fixtures, including but not limited to gates, railings,

streetlights, signs, seating, if artist-created as unique elements or

limited editions.

e) Artistic or aesthetic elements of the overall architecture or landscape

design if created by a professional artist or a design team that

includes a professional visual artist.

f) Temporary artworks or installations, if such artworks serve the

purpose of providing community and educational outreach purposes.

g) The incremental costs of infrastructure elements, such as sound walls,

utility structures, roadway elements and other items if designed by an

artist or design team that included an artist as a co-designer.

6.2 Ineligible Artworks

a) "Art objects" which are mass produced or of standard manufacture,

such as playground equipment, fountains or statuary elements, unless

incorporated into an artwork by a project artist.

b) Reproductions, by mechanical or other means, of original works of

art, except in the cases of film, video, photography, printmaking or

other media arts.

c) Decorative, ornamental, architectural or functional elements which are

designed by the building architect, as opposed to elements created by

an artist commissioned for that purpose.

d) Landscape architecture and landscape gardening except where these

elements are designed by a professional visual artist and/or are an

integral part of the artwork by the artist.

e) Services or utilities necessary to operate and maintain an artwork

over time.

f) Art projects proposed by galleries or artists agents.

g) Specifically excluded are artworks done by students under the super-

vision of art instructors or done to satisfy course requirements;

artworks by the design architect (or other relevant professionals or

members of the project design firm); and works by artists who are

members of, or related to (immediate family), staff or members of the

Arts Commission or the artist selection panel for the project.

7.0 RESPONSIBILITIES

7.1 The Board of Supervisors shall:

7.1.1 Review and may approve the annual Public Art Plan proposed by

the Arts Commission.

7.1.2 Appropriate public art funds as part of the annual plant acquisi-

tion budget process, and direct departments to place the funds

into the non-interest bearing public art fund account at the

appropriate time.

7.1.3 Review and may approve recommendations from the Arts Commis-

sion for selection of artist(s) for Public Art projects.

7.1.4 Review and may approve contracts for the purchase of design

services and artworks.

7.1.5 Review and may approve revisions to public art policies and

guidelines.

7.2 The Arts Commission shall:

7.2.1 Manage the public art program, including recommending rules,

regulations, policies and guidelines, consistent with the 1991

public art ordinance established by the Board of Supervisors.

7.2.2 Monitor the overall development of the County art program,

including ensuring that applications from Santa Cruz-based and

regional artists are solicited in the program and ensuring that

the program is reflective of the community's cultural diversity.

7.2.3 Provide for regular surveys of the condition of the collection and

make recommendations for the care and maintenance of the art

works as needed.

7.2.4 Develop the annual Public Art Plan and present the plan to the

Board of Supervisors.

7.2.5 Establish a pool of artist selection panelists and constitute artist

selection panels.

Panels shall be appointed by the County Arts Commission and be

composed, in most cases, of at least five voting members includ-

ing one member of the community, one member of the Arts

Commission, two artists or arts professionals (designer, curator,

collector, public art administrator, etc.), and one representative

from the County department at which the project will be located.

The artist selection panel may also include one or more non-

voting advisors, including (a) the project architect, (b) the

project manager, and (c) other persons deemed appropriate by

the Arts Commission. The composition of each Artist Selection

Panel will depend on the nature of each project and site.

7.2.6 Develop a concise written charge to each artist selection panel

which:

a) Outlines the objectives and parameters.

b) Defines a selected approach for the art work.

c) Defines the method to be used for artist selection.

d) Determines whether the project should be a

design collaboration.

7.2.7 Review and may approve the recommendations of the artist selec-

tion panel and make recommendations to the Board of Supervisors

for the Boards selection of an artist.

7.2.8 Periodically review and recommend changes in the public art

ordinance, policies, guidelines and procedures to the Board.

7.3 The County Department(s) with an eligible capital improvement project

shall:

7.3.1 Meet with the Arts Commission to discuss the project (prior to

the architect selection process) which is eligible for public art

treatment and participate in the Public Artist selection process to

determine recommendations to the Board of Supervisors.

7.3.2 Include information about the Public Art Component for a project

during the Architect Selection process.

7.4 The Artist Selection Panel shall:

7.4.1 Respond to the charge of the Arts Commission, outlining how the

selection of the artist(s) or artwork meets the criteria for the

project.

7.4.2 Review the credentials, prior work, proposals and other materials

submitted by artists for the project.

7.4.3 Be sensitive to the public nature of the project and the necessity

for cultural diversity in the public art program.

7.5 Conflicts of Interest

Artists (or members of their immediate families or business partners)

serving as members of the Arts Commission may not be commissioned

under, or receive any direct financial benefit from, any County public art

project during the term of their tenure on the Commission. This restric-

tion shall extend for a period of one year following Commission membership

and shall extend indefinitely for any specific projects which were reviewed

or otherwise acted upon during the artists membership on the Commission.

An artist serving on an Artist Selection Panel may not be considered for

that project, but may be eligible for other projects. Members of the Artist

Selection Panels must declare any conflict of interest and abstain from

voting if a conflict of interest arises.

8.0 SELECTION OF ARTISTS

Selecting the "appropriate" artist, whether to create a discreet artwork or to

participate in a design collaboration, is the single most important decision in the

public art process. Special care must be taken in all aspects of artist selection

in order to ensure the best possible public art project, taking into account the

goals of the project, the community served, the nature of the site, and the

other members of the design team.

8.1 Eligibility Requirements for each project will be established by the Arts

Commission.

8.1.1 Artists will be selected on the basis of their qualification(s) as

demonstrated by past work, appropriateness of the proposal to

the particular project and its probability of successful comple-

tion. During the artist recruitment and selection process every

effort will be made to include recruitment of Santa Cruz County-

based artists.

8.1.2 Selection of artists will be without regard or discrimination

against applicant for employment because of race, color, religion,

national origin, ancestry, physical or mental disability, medical

condition (cancer related), marital status, sex, sexual orienta-

tion, age (over 40), veteran status, or any other non-merit

factor.

8.1.3 Selections will involve commissioned work by living artists. In

general, the purchase of existing works will not be considered,

unless there are extraordinary circumstances that make this

approach advisable for a particular project.

8.1.4 In the selection of the artist it is a goal to provide for as broad

a representation of different artists and art forms as possible, as

well as to provide public art that reflects the County's cultural

diversity.

8.2 Selection of Artists

The method of selection shall be an open competition. During an open

competition any artist may submit credentials or proposals, subject to any

requirements established by the art selection panel. Calls for entries will

be sufficiently detailed to permit artists to determine whether their work is

appropriate to the project under consideration. Press releases will be

issued announcing the open competition. In addition, lists will be kept

and used for artists wishing to be informed of such offerings. Local

organizations and educational institutions such as the Cultural Council, the

Museum of Art and History, the Santa Cruz Art League, the Pajaro Valley

Arts Council, and the Art Departments of UCSC, Cabrillo and San Jose

State, Aptos High School, Soquel High School, San Lorenzo Valley High

School, Harbor High School, Watsonville High School, and Renaissance High

School, will be informed and encouraged to notify their memberships and

students of such competitions. No funds will be expended on advertising

outside Santa Cruz County or to provide travel expenses for artists sub-

mitting proposals.

8.3 Criteria for Selection of Artists or Artworks.

8.3.1 Quality - the highest priority is the design capability of the

artist(s) and the inherent quality of the artwork(s).

8.3.2 Media - all forms of visual arts may be considered, subject to

any requirements set by the artist selection panel or the Arts

Commission.

8.3.3 Style - artworks of all schools, styles, and tastes should be

considered for the County public art program.

8.3.4 Nature - artworks should be appropriate in scale, materials, form

and content for the immediate social and physical environments

with which they relate.

8.3.5 Permanence - consideration should be given to structural and

surface integrity, permanence and protection of the artwork

against theft, vandalism, weathering, excessive maintenance and

repair costs.

8.3.6 Elements of design - consideration should be given to the fact

that public art is a genre that is created in a public context and

that must be judged by standards that embrace factors other

than the aesthetic, including public participation, social and

political attitudes, and functional considerations. Public art may

also serve to establish focal points, terminate areas, modify,

enhance or define specific spaces, establish, identify or address

specific issues of urban design.

8.3.7 Public liability - artworks should be examined for unsafe condi-

tions or factors that may bear on public liability.

8.3.8 Diversity - the Public Art Program should strive for diversity of

style, scale and media.

9.0 RESPONSIBILITIES

9.1 Artist

a) Within the terms of the contract, the artist shall guarantee and

maintain the artwork against all defects of material or workmanship for

a period of one (1) year following installation.

b) Within the terms of the contract, the artist shall provide the Arts

Commission with detailed drawings of the installation of the artwork

and with detailed instructions regarding routine and extraordinary

maintenance of the artwork.

c) Within the terms of the contract, all repairs and restorations which

are made to the artwork within the lifetime of the artist shall have the

mutual agreement of the County and the artist, and to the extent

practical, the artist shall be given the opportunity to accomplish such

repairs at a reasonable fee.

10.0 PROVISION FOR REVIEW AND AMENDMENT

These guidelines are subject to review and revision by the Arts Commission

and approval by the Board of Supervisors.

APPENDIX I

DEFINITIONS

1) Public Art Plan: a prioritized list of public art projects, with budgets and

recommended design approach, updated on an annual basis by the Arts Commis-

sion in consultation with community groups and the County agencies anticipating

capital improvement projects. This plan is to be presented annually to the

Board of Supervisors for review and approval.

2) Artwork: work in a variety of media produced by visual artists. The public art

program should encompass the broadest possible range of expression, media and

materials. Works may be permanent or temporary, functional or non-functional.

3) Artist Design Services: services by visual artists to develop designs for art-

works or other architectural, landscape or urban design elements, either indi-

vidually or as a member of a project design team.

ATTACHMENT II

A PROGRAM TO PROVIDE PUBLIC ART IN THE DEVELOPMENT OF CERTAIN

COUNTY CONSTRUCTION PROJECTS - COUNTY OF SANTA CRUZ

I. PURPOSE

It is a goal of the County of Santa Cruz to expand, within available resources,

the public's experience with public Arts and to make available to County resi-

dents artwork of the highest quality that will in turn enhance the quality of life

in Santa Cruz County and to help create a more visually pleasing and humane

environment.

II. DESCRIPTION

In acknowledgment of this goal, it shall be the policy of the county to include

consideration of the provision of public art in the design and development of

any County capital building project in excess of $100,000 for buildings located

in highly visible public areas or areas regularly frequented by the general

public. In addition, funding for public art shall be considered for any remodel-

ing project of an existing building in excess of $100,000 when the purpose of

the project is to enlarge or improve the space in the building regularly fre-

quented by the general public of which is located in a highly visible area and

which is constructed by or for the County of Santa Cruz.

Eligible projects shall be considered for the Percent for the Arts budget allow-

ance as part of the County's annual budget cycle. If approved, a budget

allowance of 2% of total construction costs may be allocated for works of art for

projects subject to this policy. For any County construction project involving

jails or detention facilities, a budget allowance of 1.5% of the total construction

costs may be allocated for works of art. Allocations for Parks project shall be

required at the 2% level.

If eligible projects are recommended to be excluded from the Percent for the

Arts allocation, the basis for this shall be included in the budget recommenda-

tions.

If during budget hearings, or thereafter, the Board of Supervisors approves an

eligible project and sets aside an amount for public art, a separate line item

shall be established to track expenditures for this purpose.

III. EXCLUSIONS

Projects not deemed eligible for this program include:

(a) Historic buildings as designated from time to time by the County or by the

State or Federal government.

(b) Projects wherein a financing source by statute or regulation preclude such

uses.

(c) Projects involving only remodeling for maintenance purposes, such as roof

repairs, elevator repairs and communications systems, or remodeling of

interior office spaces which are not regularly frequented by the public.

(d) Projects requiring reconstruction or rebuilding because of a Presidentially-

declared disaster.

(e) Affordable housing projects unless the policy can be applied without ren-

dering the project infeasible.