Art in Public Places Policy and Process

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FOR ACCEPTANCE, PLACEMENT, AND MANAGEMENT OF GIFTS AND BEQUESTS OF ARTWORK

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Sausalito Art in Public Places - Fillable Application

Public Art Values and Principles

The City of Sausalito supports public art that enriches civic spaces, reflects the community's cultural identity, and enhances the experience of residents and visitors. Great art sparks imagination and dialogue and thought and conversation. Public art encourages exploration, reflection, and new ways of seeing ourselves, each other, and the world around us. The principles below reflect those values, guiding what the City looks for in artwork placed in public spaces.

  • Artistic Excellence and Legacy — Sausalito has long been home to a vibrant artist community. Public art should contribute to the cultural life of the city and continue that tradition through work that demonstrates quality, originality, and professional craftsmanship.
  • Community and Place — Public art should enliven shared spaces and invite interaction, reflection, or enjoyment. Art should belong to its location, contribute to everyday public life, and enhance parks and civic spaces without disrupting their primary recreational or civic functions.
  • Cultural Diversity and Contemporary Expression — The City welcomes a variety of artistic perspectives, styles, and cultural influences while remaining respectful of community context.
  • Safety, Accessibility, and Stewardship — Artwork must be safe for public interaction and must not interfere with accessibility, pedestrian circulation, or park operations. Long-term maintenance requirements should be reasonable for the City to manage.

Definition of Artwork

For purposes of donations, artwork includes but is not limited to all paintings, murals, inscriptions, stained glass, fiber work, statues, reliefs or other sculptures, monuments, fountains, arches, or other structures intended for ornament or commemoration. Also included are carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, light and digital work, as well as works in clay, fiber, wood, metal, glass, plastics and other materials. Works of art may be portable as well as fixed.

 

How the Process Works

Artists and donors interested in placing artwork in Sausalito's public spaces go through a review process managed by the Parks and Recreation Department. The process is designed to be straightforward for standard proposals, with additional review for larger or more complex projects.

Proposals — from submission to Commission recommendation — estimated to take 6 to 8 weeks.

 

Review Process

Step 1 — Proposal Submission

The applicant submits a proposal to the Parks and Recreation Department including the artist, artwork description, materials, size, proposed location, visual renderings, installation requirements, and anticipated maintenance needs.

As part of the application, the applicant shall submit signed agreements, in a form acceptable to the City Attorney:

  • A standardized agreement with the original artist covering intellectual property rights and waiver of artist moral rights under CAPA (California Art Preservation Act of 1979) and VARA (Visual Artists Rights Act of 1990) and the City's right to relocate or remove the artwork in the future; and 
  • The standardized agreement covering ownership, installation responsibilities, maintenance obligations.

Step 2 — Staff Completeness Review

City staff confirm the submission is complete and assess whether the proposal is feasible for the proposed site. Staff will consult with Public Works, planning, or other departments to identify safety, engineering, or maintenance issues. Staff will review the project with all affected departments to ensure that the site location is appropriate and that installation would not interfere with operations, utilities, or public access.

Step 3 — Public Notice

Once staff confirms a proposal is complete, the proposal package is posted publicly for a 14-day comment period before being placed on the Commission agenda. The package includes renderings, site plan, project description, and artist biography. Will be posted on the City website and distributed through the Parks and Recreation Department. Members of the public may submit written comments by email to the Parks and Recreation Department during the notice period. All comments received will be compiled and included in the Commission packet for the subsequent hearing.

Step 4 — Commission Review

 The Parks and Recreation Commission reviews the proposal based on its artistic quality, compatibility with the proposed site and public context, safety and durability, and feasibility of installation and long-term maintenance.

The Commission considers whether the proposal reflects the City's public art values and contributes positively to Sausalito's civic and cultural life. Following its review, the Commission may take one of the following actions: 

  • Adopt a recommendation for approval and acceptance by the City Council
  • Request modifications and work with the applicant to address specific concerns before forwarding a recommendation for approval and acceptance by the City Council. Request additional information and continue the item to a subsequent meeting
  • Decline the proposal The Commission's decision is a recommendation.

Final acceptance of all artwork on City property rests with the City Council.

Step 5 — City Council Review

The City Council will review the proposal and the Parks and Recreation Commission’s recommendation and will make the final decision on the proposed artwork. Prior to City Council review, the applicant shall submit a maintenance plan acceptable to City staff, describing the proposed maintenance schedule, responsible party, funding source, and long-term conservation requirements for the artwork. The maintenance plan shall be included in the City Council agenda packet.

Following its review, the City Council may take one of the following actions:

  • Accept the proposal and authorize execution of the donation agreement and installation.
  • Reject the proposal.
  • Request modifications to the proposal, including changes to the artwork, proposed location, installation method, display duration, or maintenance plan, and refer those modifications back to City staff or the Parks and Recreation Commission before taking final action.

All artwork, including design elements, and other objects acquired for or by the City, and/or funded by the City, pursuant to this policy, shall be acquired in the name of the City of Sausalito and title shall vest in the City of Sausalito. All permanent public art placed on or in City property, either by gift, donation, or City funds, shall be owned by the City. Acceptance of artwork shall be at the sole discretion of the City, and the City has no obligation to accept, display, or maintain any offer to place artwork in a public place.

Step 6 — Installation

 Installation shall be coordinated with City staff and performed in accordance with a mutually negotiated schedule, to avoid conflicts with use of public property, avoid conflicts with ADA paths of travel, and avoid conflicts with other projects on public property.

 

Proposal Application

Sausalito Art in Public Places - Fillable Application

Proposals should be submitted to Community Services Director, Bryan Vitale at bvitale@sausalito.gov and include the application with the following information.

  • Applicant Information
    • Name, organization (if applicable), mailing address, email, and phone number. Identify whether the proposal is being submitted by an individual artist, a donor, a nonprofit organization. Any potential authors and holders of any copyright or intellectual property rights must be identified.
  • Artist Information
    • Name of artist or artist team. Brief biography describing professional experience, public art experience, and previous installations. Include a portfolio or links to past work if available.
  • Project Description
    • A clear description of the proposed artwork including concept, artistic intent, and how the artwork contributes to the cultural or visual character of Sausalito's public spaces.
  • Proposed Location
    • The proposed installation site, including park or public space name and specific placement within the site. Explain why the location was selected and how the artwork relates to the surrounding environment.
  • Permanent or Temporary Installation
    •  Identify whether the proposed artwork is intended as a permanent, temporary, or seasonal installation.
      • For permanent installations, describe the intended lifespan, materials selected for long-term durability, and any structural anchoring or foundation requirements.
      • For temporary installations, identify the requested display term in days, months, or years, provide a defined end date, and the applicant shall include a removal plan describing how the artwork will be safely taken down and the site restored to its original condition.
      • Temporary installations shall also indicate whether ownership of artwork will be transferred to the City or licensed to the City, and whether return to the artist is required.
  • Artwork Specifications
    • Size, scale, materials, weight, and structural components. Identify whether the artwork is permanent, temporary, or seasonal.
  • Visual Documentation
    • Conceptual drawings, renderings, photographs, or models illustrating the artwork and how it will appear within the proposed site.
  • Installation Plan
    • How the artwork will be installed, including any foundation work, utilities, lighting, or construction required. Identify whether professional contractors or engineers will be involved.
  • Maintenance and Durability
    • Expected lifespan of the artwork and any ongoing maintenance requirements, including recommended cleaning, repairs, or conservation needs.
  • Funding
    • Funding source for fabrication and installation shall be identified, and as well as any request for City support.
  • Supporting Documentation
    • Site plans, structural engineering documentation if required, letters of support, or partnership agreements if applicable.
  • Community Support (Optional)
    • Three letters of support from Sausalito residents, community organizations, or businesses should be submitted with the proposal. Letters should speak to the artwork's benefit to the community, its relationship to the proposed site, or the artist's contribution to Sausalito's cultural life. These letters demonstrate that the proposal has a foundation of community support prior to Commission review.  

 

 

Disqualification Criteria

During initial staff review, a proposal may be determined ineligible to proceed to the Commission for one of the following conditions:

  • Commercial Advertising
    • The artwork primarily promotes a private business, commercial product, political campaign, or brand identity rather than functioning as a public art installation.
  • Safety Risks
    •  The artwork presents a foreseeable safety hazard due to unstable construction, sharp elements, climbable hazards, obstructed sight lines, or interference with pedestrian circulation.
  • Incompatible Materials
    •  The proposal includes materials that are fragile, hazardous, flammable, toxic, or unsuitable for long-term outdoor exposure.
  • Maintenance Burden
    • The artwork requires ongoing maintenance that exceeds the City's operational or financial capacity, or the proposal does not include a reasonable maintenance plan.
  • Infrastructure Conflicts
    • The installation interferes with utilities, emergency access, accessibility routes, or park operations.
  • Environmental Impact
    • The installation may negatively affect sensitive environmental areas, landscaping, shoreline resources, or protected habitats.
  • Incomplete Submission
    • The proposal does not include sufficient documentation, visual representations, installation details, or other information necessary for staff and the Commission to evaluate it.
  • No Removal Plan
    • Proposals for temporary artwork that do not include a defined display term and removal plan.
  • Insufficient Intellectual Property Rights
    • Work where the proponent is unable to demonstrate appropriate rights from the original artist to display the work, unable to identify the original artist, or unable to obtain a waiver of artist moral rights under the CAPA and VARA from the original artist. 

 

Donation Agreement and Artwork Placement

Once a proposal is approved, the City and donor (and original artist, as applicable) shall execute an agreement governing the terms of the artwork's placement on City property. The agreement covers the following.

  • City Checklist
    • Prior to installation, the city staff shall require final review of the artwork, to determine any changes or modifications to the scope of work, description, and/or specifications not outlined in the original proposal.
  • Title and Ownership Upon
    • acceptance, title to the artwork transfers to the City of Sausalito. The artwork becomes part of the City's public art holdings and is maintained at the City's discretion. Temporary installations shall indicate whether ownership of artwork will be transferred to the City or licensed to the City, and whether return to the artist is required. At the Council’s option, the City will purchase a public facing plaque to commemorate the donor and artist and describe the artwork.
  • Indemnification
    • The donor and artist shall each indemnify the City from all actions in connection to the artwork.
  • Intellectual Property
    • The original artist shall warrant that the work is original authorship, that there is no infringement of copyright, and shall provide a waiver of artist moral rights under the CAPA (California Art Preservation Act of 1979) and VARA (Visual Artists Rights Act of 1990), including aa waiver of any claim that the destruction modification, or removal of the Artwork constitutes a “taking” (inverse condemnation) of property under state or federal law. The City shall be granted a nonexclusive, perpetual, irrevocable, royalty-free, world-wide, sublicensable license to make, publish and display twodimensional images, videos, film, audiovisual works, and similar reproductions of the artwork for noncommercial purposes or any state governmental purpose, including but not limited to reproductions used in brochures, media publicity, public outreach campaigns, and the right to the right to create related derivative works and to publish, display, and distribute such works for its own noncommercial purposes, including the right to grant such rights to third-parties for non-commercial purposes.
  • Installation
    • The donor is responsible for the design, fabrication, transportation, and installation of the artwork unless otherwise agreed in writing. Installation must comply with all applicable building codes, engineering standards, and City requirements. Engineering plans must be prepared and stamped by a licensed California engineer where required.
  • Costs and Funding
    • Unless otherwise specified, the donor is responsible for costs associated with transportation, installation, pedestals or structural supports, identification plaques, site preparation, and any required engineering or permitting. The City may approve alternative funding arrangements on a case-by-case basis.
  • Maintenance
    • The City assumes routine maintenance responsibility after installation unless otherwise specified. The donor should provide documentation describing recommended maintenance procedures, materials, and conservation requirements. When practical, the City may offer the artist an opportunity to perform conservation or repair work.
  • Relocation and Removal
    • Placement of artwork on City property does not guarantee permanent installation. The City retains the right to relocate, remove, or decommission artwork if the site undergoes renovation or infrastructure changes, the artwork creates safety or liability concerns, the artwork deteriorates beyond practical repair, the site's use changes in a way that makes continued placement impractical, or for other operational, cultural or civic needs. When feasible, the City will make reasonable efforts to notify the artist or donor prior to removal. The artist or donor may elect to reclaim the artwork at their own expense. Nothing in this provision limits the City's authority to act immediately when public safety requires it.
  • Use of Artist Information
    • The artist grants the City permission to use their name, biography, and images of the artwork for educational, promotional, archival, and informational purposes.
  • Risk of Loss
    • The City shall not be responsible for risk of loss or vandalism for any artwork, either to the artist or donor.
  • Governing Law
    • This agreement is governed by the laws of the State of California.
  • Public Art Inventory and Periodic Review
    • City staff shall maintain a current inventory of all public artwork on City property. No less than once every five years, staff shall conduct a review of all works in the inventory and present findings to the Parks and Recreation Commission and City Council. The review shall assess the condition, relevance, and continued suitability of each piece and shall result in an affirmative recommendation as to each work— whether to reaffirm its current placement, relocate it to another City property, transfer or re-home it to an appropriate institution or recipient, initiate deaccession or removal, or take such other action as may be warranted. No artwork shall remain in the inventory without an affirmative determination at each periodic review. Policy Adoption Staff shall incorporate any revisions directed by the City Council and return the finalized policy for formal adoption on a future consent calendar.

 

Additional Questions? Please reach out to Community Services Director, Bryan Vitale at bvitale@sausalito.gov.