Agenda Item Wording:
title
Mural Request - Consideration of a mural application request from Urbanists Collective for one mural located on the south-facing façade of the retail building located at 1500 West Houston Avenue (northwest corner of Houston Avenue and Rinaldi Street).
body
Deadline for Action: 5/6/2024
Submitting Department: Community Development
Contact Name and Phone Number:
Brandon Smith, Principal Planner, (559) 713-4636, brandon.smith@visalia.city <mailto:brandon.smith@visalia.city>;
Paul Bernal, Community Development Director, (559) 713-4025, paul.bernal@visalia.city
Department Recommendation:
The Mural Panel has recommended that this mural application for the proposed mural located at 1500 West Houston Avenue be denied based on the proposed mural having potential for conflicting with a protected copyright or potentially trademarked term and not meeting the parameters of the Mural Guidelines (see rendering attached as Attachment 2).
However, in lieu of the Panel’s recommendation of denial, the City Council may take one of the following alternative actions toward the mural.
1. Approve the mural based on the determination that the mural does comply with the Mural Guidelines and does not utilize or portray the trademarked phrase in a manner that defames or imitates the wording in the context of its trademark.
2. Direct that a portion of the phrase “Peace by Piece” either be removed, replaced with alternate wording, or replaced with symbology (such as a peace symbol) in a manner that further evades potential of using a trademarked phrase.
Background Discussion:
The City of Visalia received a mural application on February 13, 2024, from Urbanists Collective for a mural to be painted on the south-facing wall of Double D Liquor & Gas, located at 1500 West Houston Avenue. The mural, if approved, will be visible directly from the Houston Avenue streetscape, as the building façade is located on the property line adjacent to the sidewalk. The mural application (see Attachment 1), a rendering of the original mural submitted by the applicant (see Attachment 2), a picture imposing the mural over the façade (see Attachment 3), and a photo of the existing wall (see Attachment 4) are attached.
The mural is intended to promote neighborhood pride through artwork containing messages of diversity, unity, and youth involvement. The proposed rendering includes the prominent message “Peace By Piece” and includes images of kids / youth and jigsaw puzzle pieces with a background depicting earth in an atmospheric setting. The proposed mural has been designed by the Urbanists Collective, which according to the application, is a nonprofit organization promoting community wellness through art driven efforts.
The 40-foot wide by 15-foot tall mural is being painted through a collaboration with the California Health Collaborative and the Visalia Unified School District. The California Health Collaborative manages the HEAL Project, which provides upper-grade Latino and African American students with opportunities for building relationships, advocacy engagement, and leadership development, in part through art expression.
The Urbanists will be painting the mural together with youth who participate in the HEAL project. Urbanists have an established track record of painting community murals throughout Visalia and Central California. They are responsible for the “Welcome to Downtown Visalia” mural on Court Street and the artwork located on the back of the building facing School Avenue & Willis Street, both approved in 2021. Work on the mural is expected to begin upon receiving approval from the City Council. It will be painted on-site using professional mixed-grade mediums over a period of approximately one week. It will be protected by a high-grade topcoat.
Mural Panel Review:
In accordance with the City’s Mural Guidelines and Procedures (see Attachment 7), the Mural Panel, consisting of a representative from the Arts Consortium (Ampelio Mejia Perez), Arts Visalia (Alison Schlick Miniaci), and a mayoral appointment (Walter Deissler) convened to review the application. The purpose of the Mural Panel is to assure compliance with local ordinances, the general guidelines, and to determine whether the artist can produce a quality piece of art. All members of the Mural Panel, together with a representative from Urbanists Collective, met on March 5, 2024, to discuss the mural.
The Mural Panel had no concern toward the artwork and with the artist’s ability to prepare a quality mural. With respect to the mural’s objective in sending a message of diversity and unity, the Panel felt that the images and the use of words did not depict an outright depiction of promoting a “service, cause, or place” that is restricted under the City’s general guidelines. Generally, the themes of peace and partnership are ideals shared by the community.
However, the Panel did feel that the amount of the mural image utilized by words detracts from the Mural Guideline’s intent for the mural to emphasize “artistic expression”, as described in the City’s adopted Guideline No. 1, which states:
“The emphasis of the murals will be on “artistic expression” and must not include an advertisement or be commercial in nature. This will in no way limit or restrict the artist’s right to include speech and/or artistic expression in a mural that is not commercial as defined above. All murals must comply with City ordinances that prohibit indecency or obscenity in public.”
A copy of the Mural Guidelines-Procedures is attached to this report (see Attachment 7).
Considerable discussion was given by Panel members toward the phrase “Peace By Piece”. Initially the Panel had concern that the phrase is also used in other contexts and platforms, by organizations as well as businesses, which could lead to a copyright or trademark infringement issue. The Panel’s initial recommendation on March 5 was in favor of the mural but pending the City’s further investigation to determine if there was any trademark infringement.
City staff subsequently confirmed that the phrase “Peace by Piece” is trademarked for an anti-bullying campaign and is used separately in the names of various businesses, books, and organizations. In response to this finding, the applicant did submit a revised mural rendering which adds the word “Bringing” to the beginning of the phrase (see Attachment 8). However, upon review of this revision, Panel members voiced concern and modified their recommendation to not in favor of the mural on two counts:
1) that the initial trademarked phrase “peace by piece” was still intact in the mural even with the addition of the word “bringing” to it and therefore still imposing some trademark risk, and
2) that the amount of the mural image utilized by words detracts from the intent for the mural to emphasize “artistic expression” as supported by the Mural Guidelines.
It should be noted that the artist has stated they consider the mural to be an original work and that the mural will not be utilized for commercial purposes. In addition, as noted below in the section describing the mural agreement, the agreement required by the City for the mural decreases the risk of intellectual property claims against the City.
Mural Agreement:
The City’s Mural Guidelines require that the property owner and applicant enter into an agreement that identifies the terms and conditions under which the mural will be applied. A draft of the mural agreement is attached to this report as Attachment 6, should the City Council elect to approve the mural application.
The mural agreement protects the City against intellectual property claims in several ways. The agreement requires the artist to guarantee that the mural does not infringe on any intellectual property rights held by others. Requires the artist affirm that the mural is not intended to be commercial in nature. The agreement also requires the artist indemnify the City. If any trademark or copyright holder provides notice that they consider the mural to be impacting their rights, then the City could require the artist modify the mural to avoid a dispute, or if necessary, terminate the agreement.
Mural Guidelines Background:
The City’s Mural Guidelines and Procedures are intended to assist applicants through the review process prior to being presented to the City Council. These guidelines are established to ensure that the artist can produce a high-quality mural, and to assist in distinguishing between murals that are commercial and non-commercial in nature. The last update of the Mural Guidelines was adopted by the City Council on May 19, 2014 (see Attachment 7).
The Guidelines go into further detail to describe the establishment and role of the Mural Panel, which is to review applications to place murals in public places prior to presentation to Council and to evaluate a mural proposal against the Guidelines.
The City Council is designated as the final approving body for a new mural application, in accordance with the Mural Guidelines as well as with the City’s Municipal Code (Section 17.48.040(E)).
Fiscal Impact:
No fiscal impact to the City. The applicant and artists are responsible for the installation, maintenance, and removal of the murals.
Prior Council Action: No prior Council action related to mural proposals on this site.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to deny the application for a mural located on the south façade of the building located at 1500 West Houston Avenue.
Or if an alternative motion is made approving the mural application:
I move to approve the application for a mural located on the south façade of the building located at 1500 West Houston Avenue with changes as directed to staff.
end
Environmental Assessment Status: The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.
CEQA Review: The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.
Attachments:
• Attachment 1: Application
• Attachment 2: Rendering
• Attachment 3: Rendering imposed on wall
• Attachment 4: Elevation of building prior to mural
• Attachment 5: Location map
• Attachment 6: Draft Mural Agreement
• Attachment 7: Mural Guidelines
• Attachment 8: Rendering with wording revision