HomeMy WebLinkAboutPublic Art Review Board 2023-07-12 Agenda Packet1
Attachment A
PUBLIC ART REVIEW BOARD
JULY 12TH, 2023 AT 6:00PM
In-Person:
SAN RAFAEL COMMUNITY CENTER LOUNGE
618 B STREET, SAN RAFAEL, CALIFORNIA
AGENDA
Participate Virtually:
Watch on Zoom Webinar: https://tinyurl.com/PARB-07-12-2023
Listen by phone (669) 444-9171
ID: 814 5896 7407#
CALL TO ORDER
MINUTES
1. Approve regular meeting minutes of May 3, 2023
Recommended Action – Approve as submitted
OPEN TIME FOR PUBLIC EXPRESSION
The public is welcome to address the Commission at this time on matters not on the agenda that are
within its jurisdiction. Comments may be no longer than three minutes and should be respectful to
the community.
SPECIAL PRESENTATIONS
2. Special Presentations: None
OTHER AGENDA ITEMS
If necessary to ensure completion of the following items, the Chairperson may establish time limits for
the presentations by individual speakers.
3. Other Agenda Items:
a. Approval of Fair Housing For All Childrens Art Exhibition Proposal
Recommended Action: Review and Approve
STAFF LIAISON REPORT
4. Staff Liaison Report
BOARD MEMBER REPORTS
5. Other brief reports on any meetings, conferences, and/or seminars attended by the Commission
members
ADJOURNMENT
Any records relating to an agenda item, received by a majority or more of the Commission less than 72 hours before the meeting,
shall be available for inspection online and in the San Rafael Community Center, 618 B St., San Rafael, CA 94901 placed with other
agenda-related materials on the table in front of the San Rafael Community Center prior to the meeting. Sign Language interpreters
may be requested by calling (415) 485-3066 (voice), emailing city.clerk@cityofsanrafael.org or using the California
Telecommunications Relay Service by dialing “711”, at least 72 hours in advance of the meeting. Copies of documents are avail able in
accessible formats upon request. To request Spanish language interpretation, please submit an online form at
https://www.cityofsanrafael.org/request-for-interpretation/.
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PUBLIC ART ADVISORY BOARD
May 3, 2023 – 6:00 p.m.
DRAFT MINUTES
__________________________________________________________________
Watch on Zoom:
https://tinyurl.com/PARB-05-03-2023
Telephone: (669) 444-9171
Meeting ID: 814 5896 7407
CALL TO ORDER
Craig Veramay called the meeting to order at 6:01 p.m.
ROLL CALL
Present: Member Kovalsky
Member Merritt
Member Schauffler
Member Zhao
Absent: Member Sandoval
Also Present: Craig Veramay, Assistant Library & Recreation Director
Becky Ordin, Senior Administrative Assistant
Debbie Younkin, Senior Recreation Supervisor
Cristina Farhang, Program Coordinator
Rich Storek, The Canal Arts
Oscar Morales, Artist
Vladamir Cuevas, Artist
AGENDA AMENDMENTS
None.
MINUTES
1. Approve regular meeting minutes of October 18, 2022.
Member Kovalsky moved, and Member Merritt seconded, to approve the meetings
minutes of October 18, 2022.
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AYES: Members: Kovalsky, Merritt, Schauffler, Zhao
NOES: Members: None
ABSENT: Members: Sandoval
ABSTAINED: Members: None
Minutes approved as submitted.
OPEN TIME FOR PUBLIC EXPRESSION
Public Comment from the audience regarding items not listed on the agenda
None
SPECIAL PRESENTATIONS
2. Special Presentations: None
OTHER PRESENTATIONS
3. Other Agenda Items:
a. Mural Proposal
Craig Veramay gave an overview of the public art review process, and the Canal Arts
mural proposal.
Mr. Veramay introduced Rich Storek who gave a brief overview of the process they
have gone through. Mr. Storek introduced Oscar Morales and Vladimir Cuevas who
gave the presentation of the Canal Arts proposed public art mural proposal.
Staff responded to questions from the Board.
Public Comment: Meg Riley provided comment to the board.
Cristina provided comment to the board.
Member Kovalsky moved conditional on the requirements to put vinal on the windows,
and Member Merritt seconded to approve the Canal Arts Mural Proposal.
AYES: Members: Kovalsky, Merritt, Schauffler, Zhao
NOES: Members: None
ABSENT: Members: Sandoval
ABSTAINED: Members: None
Motion passes.
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b. Overview of Falkirk Cultural Center Programs
Craig Veramay gave a brief overview of the Falkirk Cultural Center. Mr. Veramay
introduced Cristina Farhang who presented the Overview of Falkirk Cultural Center
Programs.
Staff responded to questions from the Board.
Public Comment: None
Member Merritt moved, and Member Kovalsky seconded to approve the overview of the
Falkirk Cultural Center.
AYES: Members: Kovalsky, Merritt, Schauffler, Zhao
NOES: Members: None
ABSENT: Members: Sandoval
ABSTAINED: Members: None
Motion passes.
STAFF LIAISON REPORT
4. Mr. Veramay shared that the City of San Rafael is partnered with the Downtown San
Rafael Arts District. There are five partners and recently there has been a revitalization.
The California Arts Council has released some additional funding in grants that will be
used for the program.
This Friday, May 5th there will be the Friday Art Walk.
Public Comment: None
BOARD MEMBER REPORTS
5. Chair Schauffler shared that the Youth in Arts is having a community art event on May
20th. There will be student music and dance performances, hands on art workshops,
Italian street chalk painting and more.
ADJOURNMENT
Mr. Veramay adjourned the meeting at 7:31 p.m.
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___________________________________________
BECKY ORDIN, Senior Administrative Assistant
APPROVED THIS_____DAY OF___________, 2023
___________________________________________
CATHERINE QUFFA, Library & Recreation Director
PUBLIC ART REVIEW BOARD
AGENDA REPORT
July 12, 2023
Item #3a
TITLE: Proposal to install a temporary children’s Art Exhibit at City Hall
titled Fair Housing For All.
RECOMMENDATION
That the Public Art Review Board approve the temporary children’s art exhibition titled
‘Fair Housing For All’ in the City Hall stairwell.
BACKGROUND
The City of San Rafael welcomes proposals for the creation and display of public
artworks and exhibitions on property that is owned, occupied, or managed by the City.
In 2022, the San Rafael City Council approved the formation of the Public Art Review
Board (Board). The Board’s responsibilities include providing recommenda tions to the
City Council regarding long-term (greater than one year) public art installations and for
approving applications for temporary (one year or less) public art exhibitions.
The Public Art Review Board is responsible for reviewing proposals in alignment with
the City’s Public Art Review Guidelines, which were established as part of the Public Art
Review Process.
The Public Art Review Board guidelines include:
• Project Readiness
• Qualifications
• Funding
• Community Engagement
• Maintenance
• Design
• Diversity
More detail on the guidelines is provided in the Analysis below.
Page 2 of 4
DISCUSSION
On May 15, 2023, the City received an initial proposal to exhibit a collection of 3rd grade
student artwork in the City Hall 2nd and 3rd floor stairwells. The artists worked with the
City to refine their proposal, and a final draft (Attachment 1) was received on June 29,
2023
The exhibit, titled Fair Housing for All is an installation of handmade book, posters, and
photos of 3rd grade students’ collaboration with HUD Office of Fair Housing and Equal
Opportunity. The exhibition materials were created by third grade students at Laurel Dell
Elementary School in San Rafael, who worked with architects from Youth in Arts and
mentors from UC Berkeley’s Y-PLAN on a series of architecture and planning
workshops on the theme Fair Housing for All. Lawyers and investigators from HUD’s
office of Fair Housing and Equal Opportunity came to their school multiple times during
the spring to help them work on this challenge: How can we inform our communities
about housing fairness laws that protect people from discrimination based upon —race,
color, religion, sex, national origin, familial status, and ability?
Alexis Captanian, Housing Analyst from the City of San Rafael, and two colleagues,
also engaged with the children and gave them feedback. Upon completion of the
project, City staff asked the artists’ if they were interested in displaying some of the work
the children created during the residency. The artists proposed showcasing the book,
posters, photos of the children at work, and possibly a model featuring the students’
responses to the Fair Housing challenge.
Staff recommend approval of the temporary exhibit after reviewing the exhibit following
the criteria established in the Public Art Review guidelines. Staff have determined that
the proposal is ready for review by the Public Art Review Board.
• Project Readiness:
o Exhibit materials are complete, and the artists have demonstrated a clear
installation concept.
o Artists are willing and ready to sign the City’s art license agreement.
• Qualifications: Based on information provided in the proposal, the artists appear
qualified and capable to complete the proposed scope of work.
• Funding: Full funding for this project is provided by Youth In Arts and the UC
Links program. The City will not incur any expected financial cost associated with
this installation.
• Community Engagement: Forty-eight school children in the San Rafael City
School (SRCS) district participated in the project. They were supported by
mentors from UC Berkeley, as well as lawyers and investigators from HUD’s
office of Fair Housing and Equal Opportunity. The children displayed their work at
Laurel Dell parents’ events, and at a public culminating event. A team of six
children wrote an OpEd piece that was published by the Marin IJ. Their work was
Page 3 of 4
also featured in a UC Berkeley Center for Cities + Schools blog post, and on the
HUD FHEO website.
The student architecture work at Laurel Dell is a part of a larger initiative by
Youth in Arts (YIA) throughout SRCS. In partnership, YIA is leading a multi-
disciplinary, collective impact arts education program to 7 elementary schools
reaching more than 3,100 students across the district. YIA is collaborating with
HeadsUp, SRCS’s Public Education Foundation, the district leadership, and
principals of the district’s elementary sites to deliver a 3-year program with
commitment to strategically pool resources, plan, and scaffold program offerings,
and establish a more robust arts ecosystem. YIA is driving equity and access to
arts education while emphasizing transparency, and prioritizing lessening the
direct cost to schools.
• Maintenance: Staff do not anticipate any significant maintenance requirements
associated with this installation. The artists propose that if City staff identify any
maintenance needs, we contact the artist to coordinate repair or maintenance.
• Design: According to the City’s Public Art Review Guidelines: Works of art will
be designed in consideration of the relevance and appropriateness of the work to
the context of the site and in alignment with public safety and decency. The
artwork will not portray themes that may be interpreted as derogatory as to race,
religion, sexual orientation, natural origin, or physical or me ntal disability. The
artwork will not contain content, signage, names, logos, or subject matter that
could be construed as advertising or as religious or sexual in nature nor will it
promote a political candidate or include political text. Any content considered
obscene or indecent by community standards will be denied. The design of the
artworks will take into consideration issues associated with public spaces such
as security, theft, vandalism, etc. The design of the artworks will consider the
specific needs and use patterns of the public space in which they will be located.
For example, in parks, works of art will not block critical view corridors or impede
public usage of key open space.
o Staff believe the proposed design is in alignment with this guideline, and
this is an area where the Board’s perspective is particularly important and
requested.
• Diversity: Artists and the City's public art collection should reflect the diversity of
San Rafael’s community.
o Staff believe the proposed design is in alignment with this guideline, and
this is an area where the Board’s perspective is particularly important and
requested.
City staff are supportive of efforts to increase public art in our community and are
thankful YIA and UC Berkeley’s Y-PLAN have worked with the San Rafael Community
on this project. If approved, the City would work with the Artists to coordinate
installation, and the artwork would be installed for approximately 3-months.
Page 4 of 4
FISCAL IMPACT
None
ALTERNATIVE ACTION
1. The Board may request modifications or changes to the proposal.
2. The Board may recommend that the proposal not be approved.
Submitted by:
Craig Veramay
Assistant Library and Recreation Director
Attachments:
1. Fair Housing For All Children’s Art Exhibit Proposal
2. Draft - Youth In Arts - License Agreement - Fair Housing For All
Application to City of San Rafael Public Art Review Board
Name of artist and/or proposer team
Shirl Buss, Resident Architect (lead – will sign license agreement if needed)
Team: Youth in Arts, UC Berkeley’s Y-PLAN, HUD Office of Fair Housing and Equal Opportunity
Artist, Artist Team, or Project Manager Resume or Qualifications
Shirl Buss, Ph.D. (see appendix)
Detailed project description including the following:
Proposed concept
Title: Fair Housing for All: An installation of handmade book, posters, and photos of 3rd
grade students’ collaboration with HUD Office of Fair Housing and Equal Opportunity
Third grade students at Laurel Dell Elementary School in San Rafael worked with
architects from Youth in Arts and mentors from UC Berkeley’s Y-PLAN on a series of
architecture and planning workshops on the theme Fair Housing for All. Lawyers and
investigators from HUD’s office of Fair Housing and Equal Opportunity came to their
school multiple times during the spring to help them work on this challenge: How can
we inform our communities about housing fairness laws that protect people from
discrimination based upon —race, color, religion, sex, national origin, familial status, and
ability? Alexis Captanian, Housing Analyst from the City of San Rafael and two
colleagues also engaged with the children and gave them feedback. They asked us to
display some of the work the children created during the residency. We propose to
showcase the book, posters, photos of the children at work, and possibly a model
featuring the students’ responses to the Fair Housing challenge.
Illustrations, drawings, or samples of the proposed artwork
Materials and media
Collage, writing, drawings, scale model, and photography
Proposed Site
3rd Floor of City Hall, in the staircase and lobby at the entrance to the Community Development
Department. This will be a freestanding exhibit, with artwork mounted on 4’ x 6’ black
gatorboard + model mounted to freestanding easel, as per drawing. It will be mounted along
staircase to 3rd floor and/or lobby to comply with ADA requirements, and other constraints.
Proposed Installation Layout
Timeline for installation
Immediately upon approval
It will be installed by Shirl Buss and the team from Youth in Arts
Estimated budget for installation and funding source(s)including:
Artist Stipend, Artist Fee Materials, Installation, Maintenance are being covered by
Youth in Arts and UC Links.
Other project costs (insurance, permits, etc.)
TBD if insurance is required
Project maintenance details/instructions
When notified by the Planning Department, our team is on call to repair or reinstall any
components that fail or are damaged.
Anticipated life of project
To be displayed for 2-4 months
Structural integrity and ADA compliance
Allowance for ADA viewing heights, proper clearances in pathways of ingress and egress
Community engagement/support documentation
Forty-eight school children in SRCS district participated in the project. They were supported by
mentors from UC Berkeley, as well as lawyers and investigators from HUD’s office of Fair
Housing and Equal Opportunity. The children displayed their work at Laurel Dell parents’
events, and at a public culminating event. A team of six children wrote an OpEd piece that was
published by the Marin IJ. Their work was also featured in a UC Berkeley Center for Cities +
Schools blog post, and on the HUD FHEO website.
The student architecture work at Laurel Dell is a part of a larger initiative by Youth in Arts
throughout San Rafael City Schools (SRCS). In partnership, YIA is leading a multi-disciplinary,
collective impact arts education program to 7 elementary schools reaching over 3,100 students
across the district. YIA is collaborating with HeadsUp, SRCS’s Public Education Foundation, the
district leadership, and principals of the district’s elementary sites to deliver a 3-year program
with commitment to strategically pool resources, plan, and scaffold program offerings, and
establish a more robust arts ecosystem. YIA is driving equity and access to arts education while
emphasizing transparency, and prioritizing lessening the direct cost to schools.
Applicant must agree to the general terms set forth in the City’s license agreement, including
insurance requirements
Agreed
APPENDIX
Shirl Buss, Ph.D., Associate AIA
8 David Court, San Rafael, California 94901 415•297•8766 shirl@LSA-design.com
EDUCATION
Ph.D. Urban Planning, 1994
University of California, Los Angeles (UCLA)
Graduate School of Architecture and Urban Planning
Dissertation Topic: "Children and the Urban Spatial Environment: Meaning and Action
from Young People's Angle of Vision"
M.Arch. Architecture, 1989
University of California, Los Angeles
Graduate School of Architecture and Urban Planning
Honors at Graduation: Alpha Rho Chi Award - Leadership, Service, Merit
Thesis: "Urban Community Development for Single Mothers and Children"
M.A. Human Development, 1974
Pacific Oaks College, Pasadena
Thesis: "Unraveling a Therapeutic Identity: Environmental Milieu Therapy for Children"
B.A. Liberal Arts, 1971
University of California, Los Angeles
Honors: Dean's List, Honors at Graduation, cum laude
PROFESSIONAL
Creative Director, Y-PLAN Elementary 2010-present
Center for Cities + Schools, Y-PLAN, University of California Berkeley
Adjunct Professor 1997 - 2013
San Francisco State University, School of Design, San Francisco, CA
Senior Associate 1998 - present
Leslie Stone Associates, Exhibit and Environmental Design, San Rafael, CA
Program Director, 2001 - 2008 Consultant 2008 - 2016
Rosie's Girls, Santa Monica, CA
A national program to build self-esteem, physical confidence and leadership skills for 11–13-
year-old girls through exploration of trades and non-traditional activities.
Architecture Program Director 1994 - 1998
American Institute of Architects/LEAP Architects in Schools Program, San Francisco, CA
Program Director 1985-1993
"Building Community: Children's Architecture and Carpentry Program", Santa Monica, CA
An annual participatory community education project using architecture and carpentry as a
framework for community organizing, urban problem solving, and creative expression.
DEVELOPMENT WORKSHOPS - FACILITATOR
“Y-PLAN Elementary Demonstration Project + Professional Development Workshop: Healthy
Eating + Active Living”, Wayne State University, Volunteers and Coaches, Detroit, MI, 2018-19.
“Participatory Pedagogy: Engaging Students in Real World Challenges” Graduate School of Education,
Principals Leadership Institute (PLI), Cornerstone Program, Berkeley, CA, Spring 2017, 2018.
“Y-PLAN: A Project-based Learning Institute for Educators and Civic Partners” UC Berkeley
Center for Cities + Schools, Berkeley and Oakland, CA, 2009, 2010, 2011.
California Department of Education, School Facilities Planning Division and the UC
Berkeley Center for Cities + Schools, Sacramento, CA, 2008.
“Building Schools, Building Communities: The Role of State Policy in California”, American
Architectural Foundation and UC Berkeley Center for Cities + Schools, Berkeley, CA, 2007.
"Rhythms of the City: Mathematics in Architecture", Co-nect National Project-based Learning
Conference, San Francisco, CA, 2001, 2002.
"Youth Leadership for Change, "HOPE VI Public Housing Institutes, Washington, D.C., UC
Berkeley, 2001-2004
"Using Architecture to Deepen Curriculum Content", Workshop for MOCHA, Museum of
Children's Art, Oakland CA, 2001.
"Teacher's Institute: Architecture as a Catalyst for Learning" Architectural Foundation of San
Francisco, California College of Arts and Crafts Center for Art in Public Life, 2001.
"Bringing Math and Science Alive Through Architecture", Arts Education Funders Collaborative
Professional Development Workshop, San Francisco Unified School District, 1996, 1997, 1998.
"Design Education in Urban Open Spaces", Design Institute, Cooper-Hewitt National Design
Museum, Smithsonian Institution. New York, 1996.
HONORS / AWARDS
AIA Community Alliance Award for Social Impact, San Francisco, CA, 2019
Pamela Levine Arts Education Leadership Award, Youth in Arts, San Rafael, CA 2019
California League of Cities, Helen Putnam Award for Excellence, Rosie’s Girls Santa Monica, 2011.
Architecture + Youth Educator Special Honor Award, Architectural Foundation of San Francisco, 2004.
American Institute of Architecture, California Council, "Excellence in Education" Award, 2002.
American Institute of Architects California Council, Presidential Citation, 1999, 1996
Progressive Architecture, Annual Award, Applied Research. "Children and the Urban Spatial
Environment: Meaning and Action from Young People's Angle of Vision", 1995.
Distinguished Scholar Award, UCLA, 1989-1990.
Women's Architectural League, Overall Excellence, UCLA Graduate School of Architecture and
Urban Planning, Los Angeles, 1989.
PUBLICATIONS / RESEARCH
Planning Cities with Young People and Schools: Forging Justice, Generating Joy, Deborah
McKoy, Amanda Eppley and Shirl Buss, Routledge-Taylor and Francis Group, 2022.
“The Critical Role for Young People and Schools in Resiliency Planning”, with Dr. Deborah
McKoy and Amanda Eppley, Community Development Innovation Review: Strategies to Address
Climate Change in Low and Moderate Income Communities, Vol. 14, Issue 1, 2019.
“Urban Planning Projects Can Foster Team Building, New Worldviews”, Education Dive, Deep
Dive, By Lauren Barack, March 6, 2019.
“Young San Rafael Students Tackle Sea Level Rise”, Marin Independent Journal, July 13, 2018.
“Engaging Students in Transforming Their Built Environment Via Y-PLAN: Lessons from
Richmond”, California by Deborah McKoy, PhD, Jessie Stewart, and Shirl Buss PhD, Children,
Youth and Environments Vol. 25, No. 2, Child-Friendly Cities: Critical Approaches (2015), pp.
229-244.
“Blueprints for Hope: Engaging Children as Critical Actors in Urban Place Making”, by Deborah
McKoy, Shirl Buss and Jessie Stewart, Early Childhood Matters, November 2014.
Built Environment Education Program: A Handbook for Teachers and Architects
Published by the California Architectural Foundation, http://cafsite.aiacc.org/wp-
content/uploads/2011/11/BEEPHandbook.pdf 1999 - Present
“Igniting Young Hearts and Minds” IDO: Industrial Design Outreach Quarterly, San Francisco
State University, January 2010.
“Rosie’s Girls: Shirl Buss”, Kate Svoboda-Spanblock, Association of Women in Architecture
Online Journal, Summer 2008.
“Rosie’s Girls Show What Girl Power is About”, by Kingsley Hammett, in Designer/Builder, July-
August 2007.
"Children and Architecture: An Interview with Shirl Buss, Associate AIA" arcCA Architecture
California, Journal of the American Institute of Architects (AIA) California Council, 02.2.
“Urban Exchange: What Children Can Learn from the City, What the City Can Learn From
Children” San Francisco Planning and Urban Research Association Report, September, 2000.
“Magnificent Mathematics at the Golden Gate Bridge” Resources, American Planning
Association, Vol.11, No.2, Summer 2000.
Towers and Trusses: The Math and Science of the Golden Gate Bridge Published by the Bay Area
Discovery Museum, Sausalito, CA, 2000.
“Case Study: Architects in Schools Program” Youth Planning Charrettes: A Manual for Planners,
Teachers and Youth Advocates Bruce Race and Carolyn Torma, American Planning Association,
1998.
“Urban Los Angeles from Children's Perspectives” The Harvard Architecture Review 10:
CIVITAS/What is City? Fall 1998.
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LICENSE AGREEMENT
FOR USE OF PUBLIC PROPERTY
FOR DISPLAY OF ARTWORK
(Fair Housing For All)
THIS LICENSE AGREEMENT (“License Agreement”) is made and entered
into as of the 12th day of July, 2023, by and between the City of San Rafael, a California
Charter City (“City”) and Youth In Arts (“Licensee”).
RECITALS
A. Licensee (or “Artist”) is a business entity, that builds visual and performing
arts skills through innovative and in-depth programs designed to foster confidence,
compassion and resilience in students of all abilities. Youth In Arts develops capacity
among educators and teaching artists, advocate for equitable access to arts education, and
offers opportunities for youth to share their creative voices.
B. Licensee submitted a proposal to the City for the temporary placement,
installation and display of certain works of art and related identifying signs (the “Artwork
or Artworks”), as designated in Exhibit A, on public property owned, controlled or
managed by the City; and
C. On July 12, 2023, pursuant to San Rafael Municipal Code (“SRMC”) Section
14.25.040 and the City’s Public Art Review Guidelines, the City’s Public Art Review
Board approved Licensee’s Artworks proposal, as designated in Exhibit A; and
D. City is willing to grant a license to Licensee for use of certain City property to
display the approved Artworks, on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual promises contained herein,
the parties agree as follows:
1. License. The City grants Licensee permission to use that portion of the City’s
property described and/or shown in Exhibit B (the “Premises”), for the temporary
placement, installation, display, and maintenance of the Artworks, in accordance with the
terms and conditions specified herein.
2. As-is Condition. Licensee acknowledges and agrees that the Premises are being
licensed and accepted in their “as-is” condition, without representation or warranty of any
kind, and subject to all applicable laws, rules and ordinances governing their use.
Licensee represents and warrants to City that it has investigated and inspected, either
independently or through agents of Licensee’s own choosing, the condition of the
Premises and the suitability of the Premises for Licensee’s intended use. Licensee has
determined, based solely on its own investigation, that the Premises are suitable for
Licensee’s intended use. Licensee acknowledges and agrees that neither the City nor any
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of its agents have made, and the City hereby disclaims, any representations or warranties,
express or implied, concerning the Premises, the physical or environmental condition of
the Premises, the present or future suitability of the Premises for Licensee’s intended use,
or any other matter whatsoever relating to the Premises.
3. Term. Except as otherwise terminated as provided herein, the term (“Term”) of
this Agreement shall be from ____________ to ____________.
The City and Licensee may decide to extend the timeframe for the Artworks to be
displayed or the Artworks may be purchased, donated, removed, or moved. Any such
extension of the Term or amendment to this License Agreement shall be subject to
written agreement between the City and Licensee.
4. Permitted Uses; Approved Artworks. Licensee may enter and use the Premises
only for the uses specified in Section 1 of this License, and for no other purposes.
Licensee shall only place, install, display, and maintain the Artworks as approved by the
City, as designated in Exhibit A, and shall not make any changes to the Artworks or the
manner in which the Artworks are placed, installed, displayed, or maintained, without
written authorization from the City.
5. Title to Artworks. Licensee/Artist hereby represents and warrants that: i) the
Artworks are solely the result of the artistic effort of Licensee/Artist, and ii) the Artworks
are unique and original and do not infringe upon any patent rights, copyright, trade secret
or any other proprietary right or trademark or intellectual property of a third party.
6. Installation, Maintenance, and Security. Licensee shall be solely responsible for
the installation, maintenance, and security of the Artworks. Specifically:
(a) Licensee acknowledges the potential for vandalism to the Artworks and shall
be solely responsible for maintaining and protecting the Artworks.
(b) Licensee acknowledges that the Artworks must be durable, taking into
consideration that the Premises is an unsecured public space that is exposed to elements,
including but not limited to, weather, temperature variation, and movement of people,
vehicles and equipment.
7. License Personal. The license herein granted is personal to Licensee, and no
right hereunder may be assigned, sublet or otherwise transferred in whole or in part.
8. Removal of Artworks. Notwithstanding the Term set forth in Section 3 of this
License, at any time, the City may terminate this License Agreement and the Artworks
may be removed at the City’s sole discretion for one or more of the following reasons:
(a) The condition or security of the Artworks cannot be reasonably
guaranteed.
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(b) There is an emergency event such as a fire, storm, or other climate-related
event.
(c) The Artwork is damaged, and repair is infeasible, or the cost of repair is
disproportionate to the value of the Artwork.
(d) The Artwork requires unanticipated, excessive maintenance due to design
flaws or other factors.
(e) The Artwork endangers public safety.
(f) The Premises is so altered or there are planned renovations/site
improvements such that the Artwork is no longer compatible or relevant.
(g) The Premises is no longer owned, controlled or managed by the City.
(h) There has been sustained and overwhelming public objection to the
Artwork over a period of time.
(i) The Artwork has been stolen or destroyed.
Licensee shall be responsible for all associated costs of Artwork removal and site
restoration, pursuant to Section 9.
9. Termination or Surrender; Restoration. On or before expiration of the Term of
this License Agreement, or upon termination pursuant to Section 8 of this License
Agreement, Licensee, at its sole cost and expense, shall safely remove all Artworks, fully
restore the Premises to their original condition, and cease any further use of the Premises
as provided herein and as designated in Exhibit C. Should Licensee not remove
Artworks and restore the Premises to a condition satisfactory to the City, the City may
perform such work or have such work performed, and Licensee shall immediately
reimburse the City for all direct and indirect costs associated with such work upon receipt
of a statement therefor. If Licensee fails to provide current contact information for notices
pursuant to Section 15, or the City after reasonably diligent effort is unable to locate
Licensee for the purpose of giving notice of termination and removal, the City shall have
the right to have the Artwork removed and relocated, conveyed, or disposed of in any
manner the City determines to be suitable. Licensee, on behalf of themselves, their heirs,
successors and assigns, hereby assumes all risk of loss or damages of any kind and
waives and releases the City from any claims or liability of any kind arising out of the
City’s removal, relocation, conveyance, and/or disposal of the Artwork.
10. Indemnification; Risk of Loss. Licensee shall indemnify, release, defend and
hold harmless the City, its officers, agents, employees and volunteers (collectively, the
“City’s Parties”), against any claim, demand, suit, judgment, loss, liability or expense of
any kind, including attorneys’ fees and administrative costs (collectively, “Losses”),
arising out of or resulting in any way, in whole or in part, from any acts or omissions,
intentional or negligent, of Licensee or Licensee’s officers, agents, employees, or
volunteers (collectively, “Licensee’s Parties”), or from Licensee’s Parties’ occupancy,
use or misuse of the Premises pursuant to this License Agreement, or from any
infringement of the patent rights, copyright, trade secret or any other proprietary right or
trademark and all other intellectual property Losses claimed by a third party associated
with the Artworks.
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Licensee shall assume all risk of loss, damage, or injury to Licensee, or its
property including any and all Artworks, arising out of or connected to its use or
occupation of the Premises pursuant to this License Agreement, and shall indemnify and
hold the City harmless from any claim related to such loss, damage or injury.
This provisions of this Section 10 shall survive termination of this License
Agreement.
11. Liability for Damage to Artworks; Artworks Insurance. The City shall bear no
responsibility, nor incur any liability, for loss, damage, or injury to the Artworks or any
property or equipment owned or controlled by Licensee’s Parties, involved in Licensee’s
use or occupancy of the Premises under this License Agreement. Notwithstanding the
insurance requirements set forth in this Agreement, the City recommends that Licensee
procure and maintain risk-of-loss insurance for the Artworks in a minimum value
covering full loss of the Artworks and any associated property or equipment.
12. Artist’s Release and Waiver; Grant of Rights to City. Licensee/Artist has
executed the Artist’s Release and Waiver, hereby incorporated into this License
Agreement as Exhibit C. Licensee/Artist hereby grants to the City the right to display the
Artworks and all materials included in Exhibit A, and the right to make and reproduce
photographs, copies, or other two-dimensional reproductions of the Artworks and
materials in Exhibit A for publicity and program purposes.
13. Insurance. Licensee shall procure and maintain in effect during the Term of
this License Agreement, at no expense to the City, insurance in a form approved by the
City Attorney, as follows:
a. Worker’s Compensation insurance with statutory limits as required by the
Labor Code of the State of California.
b. Comprehensive General Liability Insurance, in the minimum amount of one
million dollars ($1,000,000) per occurrence for death, bodily injury, personal injury, and
property damage. Said policy shall be endorsed with the following specific language:
i. “The City of San Rafael, its officers, employees and volunteers, are named as
additional insureds under this policy.”
ii. “The insurance provided herein is primary coverage to the City of San Rafael
with respect to any insurance or self-insurance maintained by the City and shall not call
upon City’s insurance or coverage for any contribution.”
d. Licensee shall submit to the City certificates of insurance and properly
executed endorsements evidencing the term, coverage, limits and endorsements as
required above.
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14. Compliance with Laws. Licensee shall observe and comply with all applicable
federal, state, City, or other governmental statutes, ordinances, and regulations now in
force or which hereafter may be in force, including the ADA.
15. Notices. Any notice required under this License Agreement shall be in
writing. Delivery of such written notice shall be deemed sufficiently given forty-eight
(48) hours after deposit in the United States Mail, registered or certified, return receipt
requested, with postage thereon fully prepaid, or upon personal delivery, addressed as
follows:
If to City: Library & Recreation Director
City of San Rafael
1400 Fifth Avenue
San Rafael, CA 94915-1560
If to Licensee: _____________________
_____________________
_____________________
_____________________
_____________________
Either party may at any time change its address for notice by giving written notice of
such change in the manner provided above. Licensee shall have the sole responsibility to
provide the City with a current and valid address for notice throughout the Term of this
Agreement, and the City shall not be responsible for Licensee’s failure to provide the
City with any changes to Licensee’s address for notice under this Agreement.
16. Attorneys’ Fees. If either party should commence a legal action or proceeding
to enforce the terms of this License Agreement, the prevailing party in the proceeding
shall receive, in addition to court costs, reasonable attorneys’ fees, including the
reasonable value of services rendered by the City Attorney’s Office.
17. Joint and Several Liability. If Licensee consists of more than one person or
party, their obligations and liabilities under this License Agreement shall be joint and
several.
[Signatures are on the following page.]
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IN WITNESS WHEREOF, the parties hereto have executed this License
Agreement as of the day and year first written above.
CITY OF SAN RAFAEL:
By______________________________ Dated: _________________
City Manager
LICENSEE:
By______________________________ Dated: _________________
Its ______________________________
EXHIBITS:
Exhibit A Approved Artworks
Exhibit B Premises
Exhibit C Artwork Decommissioning and Premises Restoration Plan
Exhibit D Artist’s Release and Waiver
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EXHIBIT A
APPROVED ARTWORKS
This will be a freestanding exhibit, with artwork mounted on 4’ x 6’ black gatorboard +
model mounted to freestanding easel, as per drawing. It will be mounted along staircase
to 3rd floor and/or lobby to comply with ADA requirements, and other constraints. The
installation will be comprised of books, posters, photographs of the children at work, and
possibly a model featuring the students’ responses to the Fair Housing challenge.
Final artworks will be installed based upon field installation constraints. The approved
installation proposal, and examples of representative artwork and text are included below:
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EXHIBIT B
PREMISES
The Exhibit will be installed in the 2nd/3rd Floor Stairwell, inside the San Rafael City Hall
Building, and in the lobby entrance to the Community Development Department on the
3rd Floor. The building address is 1400 Fifth Ave, San Rafael, CA 94901.
EXHIBIT C
ARTWORK DECOMMISSIONING AND PREMISES
RESTORATION PLAN
Upon completion of the term, Artist’s will coordinate a mutually agreeable date for
removal of the Exhibit with City Staff. Decommissioning is expected to take less than
one day, and Artists will repair and restore any damage caused by the artwork, restoring
the premises to their as-was condition.
EXHIBIT D
ARTIST’S RELEASE AND WAIVER
The undersigned Artist hereby acknowledges and agrees that neither the City of
San Rafael nor its officers, employees, agents, or volunteers shall be liable for any
distortion, mutilation, modification or destruction, by accident, act of God or person, of
any artwork created by Artist and displayed on public property of the City of San Rafael
for and as part of the Artworks Installation. The undersigned Artist hereby waives any
and all claims, arising at any time and under any circumstances, against City, its officers,
agents, employees, and volunteers, arising under the federal Visual Artists Rights Act (17
U.S.C. Sections 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code
Sections 987 et seq.), and any other local, state, federal or international laws that convey
rights of the same nature as those conveyed under 17 U.S.C. Section 106A, Cal. Civil
Code Sections 987 et seq., or any other type of moral right protecting the integrity of
works of art.
ARTIST
Dated: _______________________ _____________________________
[signature]
_____________________________
[print name]
_____________________________
[address]
_____________________________
[telephone number]
Attachment B
MEMORANDUM
Date: July 12, 2023
To: Public Art Review Board Members
From: Craig Veramay, Assistant Library & Recreation Director
Subject: Staff Liaison Report and Schedule of Upcoming Meetings and Events of Interest
Upcoming Meetings and Events of Interest
Date Time Meeting/Event Location
1st and 3rd
Monday each
month
7pm City Council Meetings City Council Chambers
Thursdays
through 8/31
5:30pm-
8:30pm San Rafael Summer Market Downtown San Rafael
2nd Friday each
month through
October
6pm-10pm 2nd Fridays Dining Under the Lights Downtown San Rafael
2nd Friday each
month 5pm-8pm 2nd Friday Art Walk Downtown San Rafael
Thu/Fri through
September 6pm-10pm West End Block Party F-G St, West End
August 25
15 min
after
sunset
Movie In The Park – Puss In Boots The Last
Wish Gerstle Park
September 8
15 min
after
sunset
Movie In The Park - Vivo Peacock Gap Park
Sept 17th 12pm-
5pm San Rafael PorchFest Gerstle Park Neighborhood
September 22
15 min
after
sunset
Movie In The Park – The Super Mario
Brothers Pickleweed Park
Sept 23 9am-
12pm Coastal Cleanup Day TBD
Sept. 30 2pm-6pm Hops & Vines Stroll Downtown San Rafael
October 8
15 min
after
sunset
Movie In The Park – Monsters University Terra Linda Park
October 8 1pm-5pm West End Culture Crawl Downtown San Rafael
Staff Liaison Report
Since our last meeting, there have been several updates that I would like to share with the Public
Art Review Board:
• The Canal Arts Mural Proposal:
o Since PARB approval in May, the City is awaiting a final design proposal from The
Canal Arts, as well as a letter of support from the Federated Indians of Graton
Rancheria. Additionally, our Department of Public Works identified water intrusion
damage to the wall where the mural is proposed. We are assessing required repair
work, so the project is on pause. Once these items are resolved, we will route the
proposal to City Council for review.
• Falkirk Art Exhibits review process:
o Falkirk Staff are in the process of developing a Request For Proposal (RFP) and
expect to release that RFP in the coming months. Staff plan to bring proposals to the
Public Art Review Board for review at their next regularly scheduled meeting in
October 2023.
• Downtown San Rafael Art District (DSRAD) / California Art Council Grant Award
o The California Arts Council awarded the DSRAD a one-time ~$670,000 grant award
for a three-year term. The City is a partner agency of the DSRAD and is acting as the
Fiscal Agent for the grant award. The partnership has received the grant funding and
is in the process of assessing next steps to begin working on the scope of work
identified in the Grant.
• Catalog of suitable locations for Public Art
o The City is starting to assess and catalog suitable locations for public art installations
to better inform future proposals. This will include both indoor and outdoor spaces
and will be a living document. His may help inform future Requests for Proposal
processes or other City led efforts to encourage more public art proposals in the
future.
Submitted by:
Craig Veramay
Assistant Library and Recreation Director