The Santa Cruz Mural Program is overseen by the Santa Cruz Arts Commission.

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1 INTRODUCTION This plicy applies t all mural prjects that are funded in whle r in part by the City. This plicy utlines the three tiers f mural funding and apprval prcedures used by the Santa Cruz City Arts Prgram. Criteria fr the apprval f a mural prject increase as the funding level increases, nting that all prjects n public prperty are required t fllw the Tier Three requirements fr public invlvement and cnsultatin prcess. The Santa Cruz Mural Prgram is verseen by the Santa Cruz Arts Cmmissin. HISTORY The frmer Redevelpment Agency began placing murals in dwntwn alleys in 1994, which expanded in 2007 t include the entire Merged and Eastside Redevelpment Areas. Thrugh a matching grant mdel, murals were encuraged in Redevelpment Prject Areas n bth public and private prperty fr the purpse f histrical identificatin, district identificatin and unificatin, t mitigate graffiti and generally t help create a sense f place. Murals installed befre 2007 are referred t as Vintage Murals fr purpses f this plicy. Vintage Murals are thse which are maintained by the City f Santa Cruz and have been accessined int the Public Art Cllectin. In 2007, the frmer Redevelpment Agency began requiring that private prperty wners maintain murals funded by the City thrugh a signed agreement. While the City des inventry and dcument these murals and includes them in educatinal and utreach materials, they are nt accessined int the City f Santa Cruz public art cllectin. In 2015, the Santa Cruz Arts Cmmissin sught t establish a clearer review prcess tied prprtinally t a mural prject s impact and intent creating the resulting plicy as fllws. IMPORTANCE OF MURALS IN SANTA CRUZ Murals cntribute t a vital public art prgram, attracting turism and enhancing the visitr experience; Murals enhance the built envirnment, typically fr a mdest investment; Murals are a key part f Califrnia and Santa Cruz histry and have been made by indigenus grups including Native Americans, Latins, and Chicans fr centuries; The mural making prcess can be a valuable cmmunity experience by invlving a variety f participants in the planning and installatin prcess; 1

2 Natinally and glbally, and acrss many cultures, mural making has becme a ppular frm f selfexpressin; Murals may enhance and bring attentin t lcal businesses, prviding an ecnmic benefit. (Nte: a mural may nt use letters, wrds, numerals, figures, emblems, lgs r any parts r cmbinatins theref t advertise gds, services r merchandise. Cmmercial signs are permitted thrugh the City s Planning Department.) WHAT Mural prjects may include 2D and 3D artwrks, bth pre-designed and site-specific, and either munted t r created directly n an exterir building façade. Murals funded and supprted by the Santa City Arts Prgram may be maintained fr between 5-10 years depending n the designated tier and the further subject t the determinatins f the selectin panel, Arts Manager, and Cmmissin. The issue f the lifespan f a mural is addressed in greater detail under each f the tiers f the mural plicy, described herein. Murals are cnsidered temprary wrks f art. This ensures that murals will cntinue t lk as their artists and designers intended, and it als ensures pprtunities fr new murals and mural artists that reflect the changing perspectives and styles f the cmmunity. With the exceptin f Vintage Murals, murals installed as part f the Santa Cruz City Arts Prgram are nt subject t deaccessining prcedures, thugh they are still subject t remval prcedures. Vintage Murals are subject t bth the deaccessining prcedures and remval prcedures utlined in this plicy. WHERE Where may murals be placed? Murals that are funded by the Santa Cruz City Arts Prgram may be placed n public buildings and facilities such as parks, retaining walls, and ther City-wned infrastructure. With the apprpriate cntractual agreements, the City may als fund murals which are t be placed n private prperty. 2

3 WHO Wh can prpse mural prjects? Anyne can prpse a mural prject, including prperty wners, artists, rganizatins, neighbrhd assciatins, and gvernment agencies. Ideas fr murals will be accepted frm anyne, prvided they address and meet the criteria laid ut in the Santa Cruz Mural Plicy and Prcedures. The City reserves the right t hld and review prpsals within certain time windws (e.g. annually r twice annually.) The City may als make specific requests fr prpsals with prescribed applicatin deadlines. The schedule f review and the number f mural prjects funded by the City will depend n the funding available per fiscal year. Nte: All applicants are strngly encuraged t meet with the Arts Manager prir t submitting a mural applicatin. T inquire abut mural applicatin deadlines and prcess please cntact the City Arts Manager at murals@cityfsantacruz.cm MURAL ARTIST REGISTRY The City s Ecnmic Develpment Department maintains a list f qualified mural artists, intended t be a tl t help match interested and experienced artists with prpsed r ptential mural prjects. The Mural Artist Registry may als be used fr purpses f advertising calls fr submissin/rfqs/rfps. The Mural Artist Registry is intended as a resurce. Thse seeking funding fr a mural prject are nt required t use any artist n the registry, but they will need t demnstrate that the prject they are prpsing meets the review criteria laid ut within the Santa Cruz Mural Plicy and Prcedures. The Santa Cruz Arts Cmmissin will advise the Arts Prgram Manager regarding the utreach prcess fr the Mural Artist Registry. Administrative prcedures that are used t implement r administer City Arts Prgrams (e.g. applicatin frms) d nt require Arts Cmmissin apprval. ARTIST CONTRACT Artists wrking n mural prjects funded by the City must execute a cntract with the City that specifies the scpe f wrk; respnsibilities; warranties; cmpensatin; artists rights; waiver f artists rights; cpyright; terminatin clause; insurance, and ther prvisins as deemed necessary r apprpriate. A waiver f the artists rights under the Visual Artists Rights Act (VARA) and the Califrnia Art Preservatin Act (CAPA) is mandatry fr all City funded art prjects, including murals. 3

4 MURAL PROJECT APPLICATION 1) At least ne mnth prir t submitting an unslicited mural prject applicatin, applicants are strngly encuraged t meet with the City s Arts Prgram Manager, r designee, fr an initial review f imagery, lcatin, funding and building wner s apprval. 2) Cmplete the Mural prgram applicatin. 3) Prvide all required supplementary materials, including: a) Jpg image(s) f a clr rendering f prpsed mural b) Jpg image(s) f site and physical surrundings c) Up t 6 jpg images f artist s past wrk; if mre than ne artist, submit 6 images per artist. d) Prject timeline e) If attaching panels t a wall, a materials list, drawing and attachment plans must be submitted. f) Other materials as agreed upn between applicant and the Arts Prgram Manager. OVERVIEW MURAL PROJECT TIERS AND REVIEW CRITERIA This prgram prvides matching funds fr unslicited murals that meet the review criteria and are apprved. (The City and/r Arts Cmmissin may als slicit murals using this funding surce. Typically the applicant must match the amunt being requested thrugh cash, in-kind r vlunteer hurs. (The cash value f vlunteer hurs is reviewed and updated annually t keep pace with State wage standards.) Funding levels may change peridically in respnse t market cnditins and available funding. Likewise, even apprved mural prjects may nt be funded at the full amunt requested (e.g. partial grants may be ffered.) As fllws is an explanatin f the three levels f funding available fr mural prjects and crrespnding review criteria and prcess fr each. 4

5 SUMMARY OF MURAL TIERS Prject Apprach Per Tier Artist selectin prcess Tier One Max Funding $8k Prperty wner typically selects artist may use the City s mural registry as a resurce Tier Tw Max Funding $15k Prperty wner typically selects artist may use the City s mural registry as a resurce Tier Three (Funding >15k plus all prjects n City-wned prperty) If slicited by the City and/r Arts Cmmissin an RFQ r RFP is issued Panel cmpsitin Tw (2) Cmmunity r Business Reps., wh may als be artists One (1) Rep. f the Arts Cmmissin. One (1) Arts Prfessinals - preferably a mural artist Tw (2) Cmmunity r Business Reps, wh may be arts prfessinals. Tw (2) Arts Prfessinals - preferably mural artists Tw (2) Cmmunity r Business Reps., wh may be an arts prfessinals. If n cmmercial prperty: One (1) Rep frm Ecn. Dev. Tw (2) Reps. f the Arts Cmmissin Tw-three (2-3) Reps. f the Arts Cmmissin. Panel selectin prcess * If maintained by City: One (1) frm Rep. frm that dept. City Arts Manager selects panelists If n cmmercial prperty: One (1) Rep frm Ecn. Dev. If maintained by City: One (1) Rep. frm that dept. The Arts Manager shall cnvene the selectin panel with the Cmmunity/Business Reps. identified in cnsultatin with neighbrhd, business and/r cmmunity rganizatins with a subcmmittee f the Arts Cmmissin. If n cmmercial prperty: One (1) Rep frm Ecn. Dev. If maintained by City: One (1) Rep. frm that dept. One City Cuncilr, as available. The Arts Manager shall cnvene the selectin panel with the Cmmunity/Business Reps. identified in cnsultatin with neighbrhd, business and/r cmmunity rganizatins with a subcmmittee f the Arts Cmmissin. Final apprval authrity Selectin panel Arts Cmmissin Arts Cmmissin * Individuals interested in serving as selectin panelists may be asked t submit a resume and references r cmplete an applicatin in rder t be selected. TIER ONE: 5

6 Maximum Funding Level: $8,000 Review Criteria: Artistic Merit: The inherent quality and excellence f the prpsed artwrk(s). Scale: Apprpriateness f scale t the wall upn which the mural will be painted/attached and t the surrunding physical features. Feasibility: Demnstrated ability t cmplete the prpsed mural n time and within budget. Media: Apprpriate media prpsed t ensure the mural s lngevity and durability. Structural and surface stability: Cmmitment t repair the surface as necessary befre placing the mural. Graffiti mitigatin: A plan fr mitigating graffiti thrugh design and/r graffiti cating. Maintenance: Signed agreement with a cmmitment t keep and maintain the mural in place fr a minimum f 5-10 years, with sme limited exceptins. Public accessibility and safety: Plan t cmply with city cdes fr safety and accessibility. Supprts the Visin, Missin and Values f the Santa Cruz Arts Cmmissin. If n cmmercial prperty: Supprts the Visin, Missin and Values f the Ecnmic Develpment department. Match: The applicant prvides a match thrugh cash, in-kind dnatins and/r vlunteer hurs. Waiver: Apprpriate waiver f artist s rights. Other criterin unique t the prject may be develped by the selectin panel. Art Selectin prcess: The City Arts Manager will cnvene a selectin panel fr the prpsed prject. The Arts Cmmissin is infrmed f the panel decisin by the Arts Manager. The panel may apprve, apprve with cnditins, r deny the mural prpsal. Panel member selectin and panel cmpsitin: The City Arts Manager will cnvene a selectin panel fr the prpsed prject. Individuals interested in serving as selectin panelists may be asked t submit a resume and references. Panel cmpsitin: Tw (2) Cmmunity r Business District Representatives, wh may als be artists; 6

7 One (1) Representative f the Arts Cmmissin, as selected by the City Arts Manager. If n cmmercial prperty: One staff persn frm the Ecnmic Develpment department. If maintained by City: One (1) Representative f the City Department that will be respnsible fr maintaining the mural. Funding: If the prpsal is unslicited, the apprved mural wuld be funded at a maximum f up t $8,000 with at least a 50% match frm the applicant. Artist Cntract: The City will execute a cntract with the Artist(s). If the mural is n private prperty, the cntract and scpe f wrk will be determined jintly with the prperty wner and must be signed by bth the City and the prperty wner. TIER TWO: Maximum Funding Level: $15,000 Review Criteria: Artistic Merit: The inherent quality and excellence f the prpsed artwrk(s). Scale: Apprpriateness f scale t the wall upn which the mural will be painted/attached and t the surrunding physical features. Feasibility: Demnstrated ability t cmplete the prpsed mural n time and within budget. Media: Apprpriate media prpsed t ensure the mural s lngevity and durability. Structural and surface stability: Cmmitment t repair the surface as necessary befre placing the mural. Graffiti mitigatin: A plan fr mitigating graffiti thrugh design and/r graffiti cating. Maintenance Agreement: Signed agreement with a cmmitment t keep and maintain the mural in place fr a minimum f 5-10 years, with sme limited exceptins. Public accessibility and safety: Plan t cmply with city cdes fr safety and accessibility. Supprts the Visin, Missin and Values f the Santa Cruz Arts Cmmissin. 7

8 If n cmmercial prperty: Supprts the Visin, Missin and Values f the Ecnmic Develpment department. Match: The applicant prvides a match thrugh cash, in-kind dnatins and/r vlunteer hurs. Waiver: Apprpriate waiver f artist s rights. Cmmunity supprt: General supprt/advcacy frm the building wner/user, surrunding neighbrhd, adjacent businesses, arts cmmunity and/r cmmunity grup. Cntext: Architectural, gegraphical, scicultural, and/r histrical relevance t the site. Psted ntice: Ntice psted nsite at least 14 days in advance f the arts cmmissin meeting at which the prpsal will be reviewed. Other criterin unique t the prject may be develped by the selectin panel and/r Arts Cmmissin. Art Selectin Prcess: The City Arts Manager shall cnvene a selectin panel fr the prpsed prject. The panel recmmendatin is presented t the Arts Cmmissin fr review and final decisin. The Arts Cmmissin may apprve, apprve with cnditins, r deny the mural prpsal. Panel member selectin and panel cmpsitin: Individuals interested in serving as selectin panelists may be asked t submit a resume and references and/r a frmal applicatin in rder t be selected. The Arts Manager shall cnvene the selectin panel. Ptential Cmmunity Representatives will be identified in cnsultatin with neighbrhd, business and/r cmmunity rganizatins in the vicinity f the prject and the final selectin panel will be frmed in cnsultatin with a subcmmittee f the Arts Cmmissin. Panel cmpsitin: One (1) Arts Prfessinal - preferably a mural artist. Tw (2) Cmmunity r Business District Representatives, wh may be a arts prfessinals. (When pssible, a representative f the cmmunity r business district affected by the prject.) Tw (2) Representatives f the Arts Cmmissin. 8

9 If maintained by City: One (1) Representative f the City Department that will be respnsible fr maintaining the mural. If n cmmercial prperty: One staff persn frm the Ecnmic Develpment department. Funding: If the prpsal is unslicited, the apprved mural wuld be funded at a maximum f up t $15,000 with at least a 50% match frm the applicant. Artist Cntract: The City will execute a cntract with the Artist(s). If the mural is n private prperty, the cntract and scpe f wrk will be determined jintly with the prperty wner and must be signed by bth the City and the prperty wner. TIER THREE: Maximum Funding Level: $15,0001-$30,000 and all murals n city-wned prperty. Any unslicited mural applicatins that request mre than $15,000 in funds will be categrized as a Tier Three mural. Nte: All prjects n city-wned prperty are required t g thrugh the Tier Three prcess regardless f the cst f the prject and the City des nt need t match its wn cntributin. The applicant must demnstrate that the prject supprts the Visin, Missin and Values f the Arts Cmmissin and Santa Cruz City Arts Prgram. Tier Three murals are typically slicited by the City and/r the Santa Cruz Arts Cmmissin fr placement n public prperty. Review Criteria: Artistic Merit: The inherent quality and excellence f the prpsed artwrk(s). Scale: Apprpriateness f scale t the wall upn which the mural will be placed and t the surrunding physical features. Feasibility: Demnstrated ability t cmplete the prpsed mural n time and within budget. Media: Apprpriate media prpsed t ensure the mural s lngevity and durability. 9

10 Structural and surface stability: Cmmitment t repair the surface as necessary befre placing the mural. Graffiti mitigatin: A plan fr mitigating graffiti thrugh design and/r graffiti cating. Maintenance agreement: Signed agreement with a cmmitment t keep and maintain the mural in place fr a minimum f 15 years, with sme limited exceptins. Public accessibility and safety: Plan t cmply with city cdes fr safety and accessibility. Match: The applicant prvides a match thrugh cash, in-kind dnatins and/r vlunteer hurs (Nte: If a city-led prject n city-wned prperty, the City des nt need t match its wn cntributin.) Waiver: Apprpriate waiver f artist s rights. Cmmunity supprt: Supprt/advcacy frm the building wner/user, surrunding neighbrhd, adjacent businesses, arts cmmunity and/r cmmunity grup. Cntext: Architectural, gegraphical, scicultural, and/r histrical relevance t the site. Psted ntice: Ntice psted nsite at least 14 days in advance f the arts cmmissin meeting at which the prpsal will be reviewed. Specific psting prcedure fllws. Other criterin unique t the prject may be develped by the selectin panel and/r Arts Cmmissin. RFP/RFQ Prcess fr City-led prjects: The RFP r RFQ will be develped in cnsultatin with the Arts Cmmissin and shuld supprt the Visin, Missin and Values f the Arts Cmmissin. RFPs/RFQs typically prvide infrmatin abut the histrical, scial, gegraphical and neighbrhd cntext f the mural site. Calls may be fcused (e.g. themes) and RFPs/RFQs typically list the desired utcmes frm a prject such as particular cmmunity engagement utcmes. A Request fr Prpsal (RFP) typically requires applicants t submit ideas, sketches and budgets fr a prpsed prject. Fr slicited prjects, artists may be cmpensated fr prpsal develpment in keeping with the Santa Cruz City Arts Prgram Guidelines. The Request fr Qualificatins (RFQ) is the mst cmmn artist selectin prcess as the artist is selected based n the prtfli f past wrk. Once selected, the artist is then asked t develp a certain number f prpsals t chse frm. The RFQ utlines the prject lcatin, budget, scpe, theme, timeline, and ther specifics relevant t the prject, and ffers applicants instructins fr submitting. Art Selectin Prcess: 10

11 The verall prject apprach may be simple r cmplex based upn the artwrk pprtunities present at the prject site. If the Public Mural prject is initiated by the Arts Cmmissin, an RFP/RFQ prcess will be cnducted in cmpliance with the City s Public Art Prgram Guidelines. If the prject is n private prperty, the Arts Manager shall cnsult a subcmmittee f the Arts Cmmissin regarding the apprach. The Arts Prgram Manager will cnvene the selectin panel. The selectin panel decisin will be presented t the Arts Cmmissin fr final review and apprval, apprval with cnditins, r denial. Panel member selectin and panel cmpsitin: Individuals interested in serving as selectin panelists may be asked t submit a resume and references and/r a frmal applicatin in rder t selected. The Arts Manager shall cnvene the selectin panel with the Cmmunity Representatives identified in cnsultatin with neighbrhd, business and/r cmmunity rganizatins in the vicinity f the prject and in cnsultatin with a subcmmittee f the Arts Cmmissin. Panel cmpsitin: Tw (2) Arts Prfessinals f recgnized prfessinal stature- preferably mural artists. Tw (2) Cmmunity r Business District Representatives, wh may be an arts prfessinal. (When pssible, this member shuld be a representative f the cmmunity r business district affected by the prject.) Tw r three (2-3) Representatives f the Arts Cmmissin, in the discretin f the City Arts Prgram Manager. If maintained by City: One (1) Representative f the City Department that will be respnsible fr maintaining the mural If n cmmercial prperty: One staff persn frm the Ecnmic Develpment department. One City Cuncil member, as available. Funding: If the mural prject is an unslicited prpsal, the prject wuld be funded up t $30,000 with at least a 50% match frm the applicant. Neighbrhd invlvement and public meetings: 11

12 If the selectin panel apprves frwarding the prject t the Arts Cmmissin, the applicant will be required t hld a neighbrhd meeting prir t the Arts Cmmittee review f the prpsal. At this meeting, feedback frm the neighbrhd shuld be slicited and dcumented as fllws: This meeting shuld take place between the time that the mural applicatin is submitted and the Arts Cmmissin s public hearing f the prpsal. Ntice f this meeting must be mailed t all prperties within 300 feet f the mural. The City f Santa Cruz Arts Manager will prvide the addresses t the applicant. Where apprpriate, mailed ntificatin will be in mre than ne language. The applicant will dcument attendance at the public meeting thrugh a sign-in sheet and shuld prvide and cllect cmment cards. At this public meeting the applicant shall infrm the attendees f the date f the Arts Cmmissin meeting at which a Public Hearing will be held regarding the prpsed mural. Psted Ntice f Public Hearing: Prir t the Arts Cmmittee review f the prpsal and public hearing, the applicant shall prvide dcumentatin t the Arts Manager, r designee, that they cmplied with the public ntice requirements. A ntice shall be psted at the site f the prpsed public art mural and shall cnfrm t the fllwing standards: The ntice shall be psted at the prpsed site at least 14 days prir t the Arts Cmmissin hearing at which the prpsed mural will be reviewed. The Arts Manager, r designee, shall prvide the applicant with materials t be psted. The applicant shall be respnsible fr ensuring that the ntice is psted and remains psted. If the ntice is damaged r remved, the applicant shall replace the ntice as sn as practicable. Where apprpriate, psted ntice will be in mre than ne language. The ntice shall be durable and waterprf. 12

13 The ntice shall be clearly visible frm the public right-f-way and be at least 11 x 17 in. The City Manager, r designee, may require mre than 1 sign t be psted, depending n specific site characteristics. The ntice shall include the name and cntact infrmatin fr the applicant and wner; cntact infrmatin fr the City Manager, r designee; and a legibly-sized clr representatin f the prpsed Public Mural. The applicant must be prepared, if asked, t prvide phts shwing the psted ntice n site. The public meeting and public hearing shall nt be held in lcatins where any persn attending the meetings wuld face discriminatin n the basis f race, religin, clr, sexual rientatin, gender identity, age, disability, legal citizenship, natinal rigin, incme, r plitical affiliatin. Language translatin may be prvided by the City in neighbrhds that cntain a significant minrity f nn-english speaking residents. The meeting shall be held in a lcatin accessible t peple with disabilities, and the meeting shall be held during evening r weekend hurs, but in n case between the hurs f 10:00 pm and 7:00 am. MURAL REMOVAL PROCEDURES Remval f a mural befre the expiratin f signed maintenance agreements: Murals funded thrugh the City f Santa Cruz may be remved befre the expiratin f required time fr preservatin and maintenance under limited circumstances. If a prperty wner seeks t remve a mural lcated n their prperty befre the expiratin f the time fr preservatin and maintenance required in the applicable agreements, the prperty wner must ntify the Arts Prgram Manager with a request t remve the mural setting frth an explanatin f the requested grunds fr remval, such as: The cnditin r security f the mural cannt be guaranteed The mural requires excessive and unreasnable maintenance Mural is n lnger suitable fr the current site Written request frm r cnsent f artist t remve the mural 13

14 Significant and nging adverse public reactin The prperty wner must als cmply and demnstrate cmpliance with advance ntice requirements t the artist(s) pursuant t the Califrnia Arts Preservatin Act, Civil Cde 987 et seq.; and the Visual Artists Rights Act, 17 U.S.C. 106A,. N remval is permitted withut dcumented cmpliance with these ntice requirements. Remval f a mural after expiratin f signed maintenance agreements: Murals funded thrugh the City f Santa Cruz may be remved in cmpliance with all the terms laid ut in the signed written agreements. The prperty wner must als cmply and demnstrate cmpliance with advance ntice requirements t the artist pursuant t the Califrnia Arts Preservatin Act, Civil Cde 987 et seq.; and the Visual Artists Rights Act, 17 U.S.C. 106A,. In n case is remval permitted withut dcumented cmpliance with these ntice requirements. DEACCESSIONING OF VINTAGE MURALS The fllwing prcedures apply fr the deaccessining f a Vintage Mural. (Nte: Vintage Murals are thse placed prir t 2007 and/r thse placed withut signed maintenance agreements.) Imminent Hazard: In the event that a Vintage Mural creates an imminent public hazard and it is nt pssible t cntain the hazard withut immediately remving the wrk f art, the wrk f art may be remved immediately and the decisin regarding deaccessin may be made subsequently. Befre a remval based n an imminent hazard ccurs, the City Attrney s Office and City Manager s Office must be ntified and cnsulted. Evaluatin f Deaccessining r Cnservatin: In rder fr the deaccessining f a Vintage Mural t be cnsidered, the City f Santa Cruz must undertake a careful evaluatin f the wrk f art. That evaluatin shall include, but is nt limited t, the fllwing factrs: 14

15 1. Age f mural: Mural has been in place fr mre than 10 years. 2. Expert pinin (e.g. cnservatr r public art prfessinal) has deemed the wrk f art t be f substandard quality and/r incmpatible with its histrical, scial r cultural cntext. 3. The wrk f art is duplicative f a substantial hlding f wrk f that type r by a particular artist. 4. The wrk f art has deterirated, r is irreparably damaged t an extent where repair is either unreasnable r impractical. 5. The wrk f art requires excessive r unreasnable maintenance n an n-ging basis, exceeding the anticipated maintenance requirements. 6. The wrk f art has cnsistently received adverse public reactin fr a perid f three (3) r mre years. 7. The City has received a written request fr deaccessining frm the artist r ne r mre artists wh c-authred a wrk f art, citing a specific reasn fr the request. 8. Needed cnstructin r remdeling f the building r surface n which the mural is placed. Cnservatin f Murals by Living Artists: If a subcmmittee determines that cnservatin is preferable t deaccessining, the lead artist, if still living, will always be invited t bid n the entire cnservatin prject r simply a prtin f prject (i.e. repainting). Once a mural has been selected as a cnservatin prject and the budget apprved, staff will cntact the artist and ascertain interest in participating in the cnservatin prject. Staff will then develp a request fr prpsals fr the cnservatin prject that will reflect the arstist s desired level f participatin in the prject. The riginal lead artist will be given pririty if the bid is cmparable t that f ther qualified respndents. Deaccessining Prcedure: All requests fr cnsideratin f the deaccessining f a Vintage Mural in the Public Art Cllectin must be filed in writing with the Arts Prgram Manager. The Arts Prgram Manager may als initiate a request fr cnsideratin f deaccessin accrding t the same prcedure. This written request must be initiated by a resident f the City f Santa Cruz, the artist wh 15

16 created the mural r the Administratr f the Public Art Prgram. The request shuld specifically state the grunds n which deaccessining is being requested, as well as the relatinship f the individual(s) making the request t the wrk f art. If the request is made by the artist that created the mural, the residency requirement des nt apply. Once a deaccessining request is filed, then the Arts Prgram Manager shall prepare a written reprt within ninety (90) days regarding: 1. Cnditins that initiated deaccessining cnsideratin. 2. Opinin f the City Attrney regarding ptential legal issues fr deaccessining f the wrk f art. 3. Cnditins f acquisitin methd, date and cst. 4. Evaluatin f the wrk f art itself, and its imprtance and relevance within the cntext f the verall Public Art Cllectin. 5. A recmmendatin as t the apprpriateness r need f public pinin and cultural significance and the need fr a public hearing related t the deaccessin. 6. Written pinin f the Department that is respnsible t maintain the site and/r the Directr f the Ecnmic Develpment Department. 7. Suggested curse f actin. The deaccessin request and backgrund reprt shall then be presented t the Arts Cmmissin. If, after careful examinatin, the Arts Cmmissin determines that sufficient grunds fr deaccessining exists, then the wrk f art may be cnsidered fr deaccessining. Deaccessining prceedings by the Arts Cmmissin shall be publicized in advance and pen t the public at all times. In additin, all reasnable attempts shall be made t ntify the artist and t invite the artist t participate in the prcess. The City Department respnsible fr maintaining the site shall als be ntified and invited t attend. General public input at these prceedings shall als be permitted. All ntificatins and public prceedings shall be cnducted in cmpliance with Federal and State laws. After the required public hearing, the Arts Cmmissin may deaccessin by a majrity vte. The findings frm the Arts Cmmissin discussin will be frwarded t the City Manager. If a majrity f the Arts Cmmissin vtes in favr f deaccessining a wrk f art, this 16

17 recmmendatin shall be frwarded t the City Cuncil with a written explanatin utlining the relevant facts. A decisin by the City Cuncil t deaccessin a wrk f art must be apprved by adptin f a reslutin. Deaccessining Optins: The Arts Cmmissin may assemble a subcmmittee t versee deaccessining recmmendatins. Subcmmittees shall make a recmmendatin t the Arts Cmmissin. The fllwing ptential recmmended curses f actin are listed as pssibilities, but are nt intended t be cmprehensive: 1. Paint ver r cver the mural. 2. If mural is affixed t the wall in a way in that it can be remved withut significant damage t the mural r the surface f the wall r significant expenditures fr such remval: 3. Relcate the wrk f art t anther apprpriate site. 4. Give the artist the pprtunity t recver the wrk f art at n cst t the City, if allwed by agreement. 5. Give the artist the pprtunity t buy back the wrk at its current appraised value, if allwed by agreement. If dnated, return the wrk f art t the dnr. 6. Seek bna-fide appraisal and advertise sale f the wrk, r sell thrugh acceptable, sealed cmpetitive bids. 7. Dispse f the wrk thrugh City f Santa Cruz surplus prperty prcedures. Sale f Vintage Murals: If Vintage Mural is deaccessined and sld, then the prceeds frm the sale f the piece shall be depsited in the City Arts Fund fr the purpses f new prject cnstructin, maintenance, repairs, r cnservatin. Sale f the wrk at an appreciated value shall be included and negtiated in all cntracts related t the acquisitin f a wrk f art. 17