Attachment 17 - Public Art Selection Policy and ProcedureTOWN OF LOS GATOS
PUBLIC ART SELECTION POLI CY AND PROCEDURE
I; P URPOSE
The purpose of this policy is to provide a process through which the Town of Los Gatos
(hereinafter Town) can accept art work on loan or as a gift as part of a Public Art Program. The
policy also provides guidance to the Town and the Town of Los Gatos Arts and Culture
Commission (hereinafter Commission) for purchasing existing art work and for commissioning
artists to create new art work for the Town.
II. SCOP E
This policy applies to the installation of all art work loaned, gifted, purchased, or commissioned
by the Town for public display. A separate process may be implemented for the installation of
art work in a new ToWn facility or related to any Town construction project.
The Town Manager is hereby authorized to accept loans and/or gifts to the Town of art work that
is valued at or below five thousand doll&rs ($5,000), and that, if a loan, will be loaned to the
Town for a period of five (5) years or less .
A. All purchases and commissions by the Town of art work must be considered
through the procedures outlined below in Section IV, Procedure.
B . All loans and/or gifts to the Town of art work that is valued at more than five
thousand dollars ($5,000) and/or that, if a loan, will be loaned to the Town for a
period of more than five (5) years, must be considered through the procedures
outlined below in Section IV, Procedure.
Ill. P olicy
The Town plans for public installation of art work. lt is the objective of the Public Art
Program to provide the conununity with the opportunity to enjoy access to a variety of art
work and to work with a variety of artists over time . Local Los Gatos artists shall receive
preferred consideration under the Public Art Program. Artists and art work from other
geographic regions shall also be considered for inclusion.
IV. Procedur e
A . Art work which is to be considered for public installation shaU be first reviewed
by the Public Art Subcommittee (hereinafter Subcommittee), a subcommittee of
the Commission. The Subcommittee shall meet only on an as-ne eded basis in
order to consider art work under the scope of this Public Art Policy. The
Subcommittee shall develop a written recommendation to the Commission. The
recommendation shall include one or more proposed locati ons for placement of
the proposed art work.
1. Should the Subcommittee find that the p roposed installation might have an
impact on a Town park, the Subcommittee shall solicit a written
recommendation from the Town o f Los Gatos Parks Commission, which
shall b e included in the Subcommittee's recommendation to the
Commission .
ATTACHMENT 1 7
B . The Commission shall consider the written reconunendation of the Subcommittee
at a public meeting. If the Commission finds that the proposed installation would
have an impact on an identifiable section of the Los Gatos community, the
Commission may also hold a community meeting. The Commission shall
develop ·a written recommendation to the Town Council.
C . The Town Council shall consider the written recommendation of the Commission
at a public meeting. The Town Council shall make the final decision regarding a
proposed public installation of a1t work, including its location .
D . This procedure shall also be followed for consideration of renewal or non-renewal
of loaned art work, and of the proposed deaccession of art work.
V. Criteria and Conditions for Selection
A. The Town shall make no promises to exhibit art work permanently or to maintain
art work as the property of the Town in perpetuity.
B . The Town shall maintain a responsible collection, maintenance, and deaccession
policy and procedure for art works which are accepted as part of the Town's
Public Art Program.
C. No .acquisition shall be accepted without written pennission and approval from
the Town Council.
D. Acceptance shall result in a contract between the donor or artist and the Town. (A
contract for art work which is loaned will include a clearly defined period of time,
with the lender retaining title to the a1t work.)
E. The following shall be criteria for determining whether an art work is acceptable :
1. Aesthetics: It shall be deemed to be an ait work of lasting aesthetic value.
2. Quality: There is inherent quality in the art work itself (i .e. rut work shall
not necessarily be accepted based on the aitist's overall reputation).
3. Style: An rut work shall be compatible in scale, materials, form, and
content with its surroundings.
4. Permanence: Due consideration shall be given to structural/surface
soundness, resistance to theft, vandalism, weathering, and excessive
maintenance repair costs.
5. Public Liability: Each art work shall be examined and approved for
safety conditions and factors which may bear upon public liability .
6 . Diversity: The overall Public Art Program shall consider diversity in
style, scale, and media.
7. Technical Feasibility: (For purchases or commissions) Each art work
shall be exrunined for convincing evidence of the artist's ability to
successfully complete the art work as proposed.
8. Duplication: To assure that the mt work will not be duplicated, the artist
shall be asked to wal1'ant that the art work is unique and an edition of one,
unless stated to the contrary in the contract. (Multiples shall be considered
for selection at the discretion of the Commission.) Public Comment: The
input of the community shall be solicited by the Subcommittee,
Commission, and Town Council.
VI. CRITERIA FOR CONSIDERATION FOR ART WORK PLACEMENT
Prior to placement of an art work, the following factors shall be considered:
A. Visibility
B. Lighting
C. Public Safety
D. Traffic Patterns: interior, exterior, foot, and auto
E. Location: relationship to existing art work, architecture, and natural features in
the proposed vicinity
F. Future development plans for the area
G. hnpact on the community or neighborhood in the proposed vicinity ·
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