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HomeMy WebLinkAbout7.2 Public Art Master Plan CITY CLERK File # D[g][Q]lQ]-~lCIJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 7,2006 SUBJECT: Public Art Master Plan Report by Diane Lowart, Parks & Community Services Director and John Hartnett, Heritage & Cultural Arts Supervisor ATTACHMENTS: I. Draft Public Art Master Plan 2. Resolution expressing the City Council's intent to adopt an ordinance requiring certain new development projects to provide public art or make a monetary contribution in lieu thereof Bv'~ I Receive presentation from Staff 2. Approve Draft Public Art Master Plan with recommended modifications/changes or provide additional direction 3 Adopt Resolution in Attachment 2 4 Direct Staff to proceed with development of Public Art Ordinance RECOMMENDATION: FINANCIAL STATEMENT: See Report DESCRIPTION: In 2001-2002 the Dublin City Council rated as a high priority goal: "the creation of a Public Art Master Plan for the City of Dublin" The Public Art Master Plan will provide a comprehensive plan to formally articulate the City's goals and objectives and establish guidelines for the operation of the Public Art Program. BACKGROUND: In August 2003, a Public Art Task Force was appointed by the City Council to provide input on the development of a Master Plan for Public Art that would provide policies and procedures for the administration of the City's Public Art program. Art Consultant Wright & Associates was contracted to develop a draft proposal for the Task Force review Three subsequent meetings were held with the Task Force in the fall of 2003 to develop ideas and to critique the draft plan produced by Wright & Associates. Since that time, staffing issues and other priorities caused the Master Plan process to be temporarily deferred. COpy TO: HCAC, Public Art Task Force Page 1 of5 ITEM NO. 7?.J G:\COUNCIL\Agenda Statements\2006\J-7 Public Art Master Plan.doc ~ In the past six months, Staff has reviewed the draft plan introduced by Wright & Associates and has made several revisions, including streamlining the original document and identifying potential funding proposals for consideration. DRAFT PUBLIC ART MASTER PLAN: Attachment I is the Draft Public Art Master Plan. The Master Plan outlines and describes the principle methods used to develop public art in the City of Dublin including: City Projects: Projects developed and funded by the City of Dublin. These projects are planned by City Staff in conjunction with the development of the annual Capital Improvement Program based on available funding. In large capital building projects, it is recommended that artworks be located on site. using a general budget guideline of 1 % - 2% of the total capital project budget. Public art is also recommended for neighborhood and community parks. City Projects in Partnership with Community Organizations: Projects developed in partnership with nonprofit and community organizations such as the Dublin Fine Arts Foundation (DFAF) which may be funded, in part, by the City of Dublin. Private Development: Projects on private property funded and constructed by private developers. The Plan also outlines opportunities, guidelines and policies for the City's Public Art Program as well as implementation strategies. Categories include the following: Public Art Opportunities: The Plan surmnarizes potential opportunities for the placement of public art both on public and private property Opportunities were developed based on a review of the existing City infrastructure, proposed City specific plans, private development projects and proposed City capital projects. Public Art Guidelines: The guidelines establish administrative procedures for implementing the proposed Public Art Program including City Council, Heritage and Cultural Arts Commission and Staff responsibilities, procedures for site and artist selection, eligible artworks, collection review, and funding options. Program Policies: These policies will give the City Council, Heritage and Cultural Arts Commission, Staff and the public guidance on issues that often arise in the administration of a public art program. They reflect the best practices in the field, adjusted to fit the unique circumstance ofthe City of Dublin. Program Implementation: Strategies for implementation ofthe Public Art Program as well as potential funding mechanisms for both City and private development projects are summarized in this section. Public Art Task Force Review On January 30, 2006, Staff met with the Public Art Task Force to review the draft proposal for the Public Art Master Plan. Overall, the Task Force was supportive of the Draft Master Plan. The Task Force recommended modifications or asked Staffto enhance the language in the following sections: . Public Art Program Opportunities ~ Parks, Page 5 . Public Art Program Guidelines For City Projects - Methods of Artist Selection, Page 10 . Public Art Program Guidelines For City Projects - Gifts or Loans of Artwork, Page 13 The modifications requested by the Task Force have been incorporated into the Draft Master Plan and are shown shaded. In addition, the Task Force posed three Issues for consideration by the Heritage and Cultural Arts Commission and City Council. 1) Issue: Public Art Program Opportunities, Existing Public Art (Page 4) Should art in the school projects completed by the Dublin Fine Arts Foundation (DF AF) be included in this section? 2) Issue: Public Art Program Guidelines for Private Development, Residential Development (Page 15) Should Condominium Conversions be subject to the Residential Development requirement? 3) Issue: Public Art Program Guidelines for Private Development, Residential Development (Page 15) Should residential development under a certain number of units be provided the in-lieu option of contributing funds equal to 90% of the one-half of one percent (1/2%) to a Public Art Fund? Herital!e and Cultural Arts Commission Review On February 9, 2006, Staff met with the Heritage and Cultural Arts Commission to review the draft proposal for the Public Art Master Plan and to consider the issues brought forth by the Public Art Task Force. After deliberation, the Heritage and Cultural Arts Commission suggested the following three changes and/or additions to the Public Art Master Plan: I) In the section on Public Art Program Opportunities, Existing Public Art (Page 4), the Commission recommended including a paragraph identifYing existing artworks in the schools. 2) In the section on Public Art Program Guidelines for Private Development, Residential Development (Page 15), the Commission recommended that condominium conversions be considered exempt, based on the fact that they do not typically include the construction of new buildings but instead may include renovation of existing buildings. 3) In the section on Public Art Program Guidelines for Private Development, Residential Development (Page 15), the Commission recommended that residential projects of 19 units or less be exempt from the public art zoning requirement (as opposed to an in lieu option of contributing funds equal to 90% of the one-half percent to a Public Art Fund). This recommendation was based on the conclusion that public art might not be appropriate for small residential projects and 19 units is the threshold used by the City for exemptions to the Inclusionary Zoning Ordinance. If the City Council concurs, Staff would recommend that the following changes (shown underlined) be incorporated into the Public Art Master Plan: PUBLIC ART PROGRAM - OPPORTUNTIES (PAGE 5) Existinl! Public Art - School Proiects In1994, the Dublin Unified School District and the Dublin Fine Arts Foundation formed a partnership to create permanent art proiects in each of Dublin's schools involving a collaboration between professional artists and the students. using Measure "B" monies. The goal of the proiect was to create works that would enhance the environment of each school and create a sense of ownership for the students as well as providing much needed arts education. A listing of the artwork and locations follows. Murrav Elementarv School. "A Cultural Vovage" a courtvard mural created bv six classes from 1st through 5th grade under the supervision of artists Sofie Siegmann and Kenneth Huerta (1995). Wells Middle School. "Tell me and I will forget. Show me and I mav not remember. Involve me and I will understand" and "Eauations" a tile wall pattern created bv students in collaboration with artist Johanna Poethig (1997). Nielsen Elementarv School. "We Make the World" an entrv-wav mural created bv 200 students in collaboration with artists Garv Carlos and Jennifer Trammel (1998). Dublin Elementarv School. "Soaring to New Heights" a mural created bv students from kindergarten through 6th grade in collaboration with artist Argunnur Yr Gvlfadottir (1999). PUBLIC ART PROGRAM - GUIDELINES FOR PRIVATE DEVELOPMENT (PAGE 15) Exemptions 5) Anv current or future condominium conversion. PUBLIC ART PROGRAM - GUIDELINES FOR PRIVATE DEVELOPMENT (PAGE 15) Residential Development: The Public Art Program requires all new residential developments including single-family (detached), single family (attached), and multi-family in excess of 20 residential units to allocate one-half of one percent (1/2%) of the Building Valuation per development project, to finance an art project according to the public art guidelines. PUBLIC ART PROGRAM - IMPLEMENTATION (PAGE 21) Private Development: For private development, a percent-for-art program is recommended whereby all residential (single- family and multi-family) in excess of 20 residential units and non-residential (commercial, industrial and office) development projects are required to allocate one-half of one percent (1/2%) ofthe project costs to finance an art project according to the public art guidelines contained in the Master Plan. PUBLIC ART ORDINANCE: The Draft Public Art Master Plan proposes new policies that would require new development projects to contribute public art either in kind or by a payment of a fee in lieu of an in-kind contribution. Specifically, the policy would apply to: I) All new commercial, industrial, and office development projects. 2) All residential development projects in excess of 20 residential units. The ordinance would require applicants for development projects to which it applies (i) to allocate five- tenths percent (0.5%) of the proposed project's building valuation (exclusive ofland) to finance an on-site public art project or, alternatively, and at the option of the developer, (ii) to contribute funds to the City's Public Art Fund equal to five-tenths percent (0.5%) of the proposed project's building valuation (exclusive ofland) ("the In-Lieu Option"). For commercial, industrial, and office development project of less than 50,000 square feet, the amount of the contribution under the In-Lieu Option would be forty-five one-hundredths percent (0.45%) rather than five tenths percent (0.5%). If the In-Lieu Option were chosen, then the applicant would be required to reserve a site within the project for public art, if the City deems such a site necessary Ifthe City Council desires to implement such a public art policy, the enactment of a policy will require the adoption of a zoning ordinance that will be the subject of public hearings at the Planning Commission and City Council. In the interim, the City Council, to ensure that the policy applies to applications deemed complete before the policy becomes effective, could adopt a resolution expressing the City Conncil's intent to adopt the proposed public art policy Adoption of such a resolution will ensure that the policy applies to the fullest extent provided by law A draft resolution has been prepared by the City Attorney (Attachment 2). RECOMMENDATION: The goals, guidelines and policies set forth in the Draft Public Art Master Plan represent an ambitious plan. The plan, however, reflects the desire of the City of Dublin to develop and maintain a Public Art Program that will create a unique sense of place in each neighborhood and create a strong sense of identity for the City as a whole. The Public Art Task Force and the Heritage and Cultural Arts Commission recommend adoption of the Draft Public Art Master Plan with the modifications and changes discussed previously It is therefore recommended that the City Council approve Draft Public Art Master Plan with the recommended modifications/changes or provide additional direction. If approved, it is further recommended that the City Council adopt the Resolution in Attachment 2 and direct Staffto proceed with development of Public Art Ordinance for consideration by the Planning Commission and City Council. I I I I I I I I I I I I I I I I I I I ! of :2- 7 City of Dublin Public Art Master Plan March 7, 2006 72 3/7/06 ATTACHMENT 1 I I I I I I I I I I I I I I I I I I I Z of;) ? ACKNOWLEDGMENTS City Council Janet Lockhart, Mayor Tony Oravetz, Vice Mayor Kasie Hildenbrand Claudia McCormick George Zika Heritage and Cultural Arts Commission Connie Mack, Chairperson Kim Halket, Vice Chairperson Mary Beth Acuff Janet Fasulkey Judy Lussie Georgean Vonheeder-Leopold Sally White Public Art Task Force Michael Banducci Judy Chamberlin Stuart Cook Janet Fasulkey Kathy Kenna Judy Lussie Claudia McCormick Michael Thornton Georgean Vonheeder-Leopold Robert Warren Cover Photo "Divided Sea", ~ Ned Kahn, 2004 I I I I I I I I I I I I I I I I I I I 3of'J.7 TABLE OF CONTENTS Background... ........... .......... ......... ..... ........... ........... .......... ....... .... .... .............. ....... .... ............ .................... ...1 Public Art Master Plan Public Art Opportunities........................................................................................................................ ........ 2 Public Art Guidelines............ ... .... .................. .................. ..................... ............................... .............. .......... ..2 Program Policies............................................................................................................................ ................ 2 Program Implementation.... ........................................ ................ ....... .... .................... ......... ............................2 Public Art Program - Overview Public Art Vision. .......................... ... .............. ............................ ... ........ ........... ... .............. ................ .............3 Public Art Program Purpose...........................................................................................................................3 Public Art Program Goals... ....................... .......... ................. ................ ............ ......................... .............. ... ...3 Public Art Program - Opportunities Existing Public Art - City Projects................................................................................................................ 4 Existing Public Art - Private Development................................................................................................... 5 Public Art Opportunities ~ City Projects.......................................................................................................5 Public Art Opportunities ~ Private Development..........................................................................................6 Site Selection Process............................................................................................................................. ....... 6 Public Art Program Guidelines for City Projects Responsibilities................................................................................................................. ............................. 7 Artist Selection Process............................................................................................................................ ..... 9 Methods of Artist Selection....................................................................................................................... .... 9 Criteria for Selection of Artists or Artworks................................................................................................10 Eligible Artworks.......... .......... ........ .................. ............... ............ .... ............................ ................. ............... 11 Ineligible Artworks................................................................................................................................ ...... 11 Collection Review and Conservation........ ........... ....................... ....................................................... ........ ..11 Gifts or Loans of Artworks..........................................................................................................................12 Public Art Program - Guidelines for Private Development Requirements..................... ........ .......... ... .... .... ........ ......... ............................................. ...................... ........ ..15 Exemptions... ......... .... ..................... ................. ................ ............ ...... .... ...... ...... ...................... .... .................15 Verification of Expenses..... ... ............ ......... .......... ...... .......... ................. ........... ................... ................ ........ 16 Assistance with Artist Selection............................................................. ............ ............ .................... ........ ..16 Eligible Costs........................................................................................................................... .................... 16 Non-Eligible Costs................ .... .......... ....... ....................... .......... ........ ........................ .................. ...... ......... 16 Criteria for Selection of Artist and Artworks...............................................................................................17 Process Steps.............................................................................................................................. .................. 17 Art Project Checklist..... ... ........ .......... ............... ... ...... .................. ............... ............................ ..................... 17 Public Art Program - Policies Nonprofit Partnerships........................................................................................................................ ......... 18 Artist Rights............................................................................................................................ ..................... 18 Artistic Freedom of Expression......... .......................... ..... .............. ............. .......... .................. .......... ..... ..... 19 Community Participation and Outreach...................................................................................................... 19 Conflicts of Interest............................................................................................................................ ......... 20 Non-discrimination. ................ .......... ......... ................. ............. ..... ............. ........ ...... .................................... 20 Public Art Program - Implementation Implementation Measures................. ....... .... ... .......... ............ ... ..... ............. ...... ........ ........................... ..... ....21 Funding Mechanisms..... ....... .... .......... .................. ...... ..... .......... .......... .......... ..... .... ...... .............. .... .... .........21 I I I I I I I I I I I I I I I I I I I BACKGROUND The City of Dublin has seen remarkable change over the last decade. Since the late 1990s, the City has grown dramatically with new housing, retail and office development, and public improvements. Additional housing and retail is current! y under construction. Dublin's public art program has grown along with City development. Begun as a partnership with the nonprofit Dublin Fine Arts Foundation in the late 1980s, the City boasts a collection of 19 City owned works, two works on long-term loan, and four privately owned works displayed in public places throughout Dublin. In 1997, the City of Dublin adopted its first Public Art Policy The Policy encouraged development projects to include artwork in buildings and public spaces, and set out criteria for artwork selection and guidelines for implementation. The Policy identifies the Dublin Fine Arts Foundation to act in an advisory capacity to the City and developers on public art projects. Since the adoption of the Public Art Policy, many fine artworks have been created for the City of Dublin. However, many of the conditions on which the 1997 Policy was based have changed. In 1999, the Heritage and Cultural Arts Commission was established to act in an advisory capacity to City Council on matters pertaining to art, including public art. City Departments were reorganized in 2000, to include arts and culture within the Department of Parks and Community Services. In 2002 a full-time Heritage and Cultural Arts Supervisor position was created, with the management of public art as a major responsibility City of Dublin Public Art Master Plan - DRAFT 4 of' ;) 7 In 2001, the Dublin Heritage and Cultural Arts Commission completed its first long-range plan that called for the development of a Public Art Master Plan to identify opportunities for public art and to also revise the Public Art Policy to identify alternate funding sources and approval processes for public art. It was in this context of program growth and change that Wright & Associates was hired to develop a Public Art Master Plan in July 2003. A Public Art Master Plan Task Force was created to provide feedback and guidance during the development of the plan. March 7,2006 Page I of 22 I I I I I I I I I I I I I I I I I I I PUBLIC ART MASTER PLAN This Public Art Master Plan describes the principle methods used to develop public art in the City of Dublin including: City Projects: Projects developed and funded by the City of Dublin. These projects are planned by City Staff in conjunction with the development of the annual Capital Improvement Program based on available funding. City Projects in Partnership with Community Organizations: Projects developed in partnership with nonprofit and community organizations such as the Dublin Fine Arts Foundation (DFAF) which may be funded, in part, by the City of Dublin. Private Development: Projects on private property funded and constructed by private developers. The Plan outlines opportunities, guidelines and policies for the City's Public Art Program as well as implementation strategies. Public Art Opportunities The Plan summarizes potential opportunities for the placement of public art both on public and private property Opportunities were developed based on a review of the existing City infrastructure, proposed City specific plans, private development projects and proposed City capital projects. Public Art Guidelines The guidelines establish administrative procedures for implementing the proposed Public Art Program including City Council, Heritage and Cultural Arts Commission and City of Dublin Public Art Master Plan - DRAFT 6"C!f~7 Staff responsibilities, procedures for site and artist selection, eligible artworks, collection review, and funding options. Prol!ram Policies These policies will give the City Council, Heritage and Cultural Arts Commission, Staff and the public guidance on issues that often arise in the administration of a public art program. They reflect the best practices in the field, adjusted to fit the unique circumstance of the City of Dublin. Prol!ram Implementation Strategies for implementation of the Public Art Program as well as potential funding mechanisms for both City and private development projects are summarized in this section. "The Risinf! Blue" bv Yoshio Taylor (20031 March 7, 2006 Page 2 of 22 I I I I I I I I I I I I I I I I I I I PUBLIC ART PROGRAM - OVERVIEW Public Art Vision The City of Dublin celebrates humanity and promotes a healthy civic society though the administration of its Public Art Program. The Public Art Program and its collection inspire residents and attract visitors with high quality artworks, both freestanding and incorporated in Dublin's public spaces. The Public Art Program will create a unique sense of place and a strong identity for the City as a whole. This vision will be furthered through the creation and promotion of a citywide collection of art works specifically placed within the community, which enhance urban planning goals and portray the dreams and visions ofthe community Public Art Prol!ram Purpose The purpose of Dublin's Public Art Program is to inspire civic pride among its residents and strengthen the City's regional identity by enhancing public spaces, giving character to neighborhoods and business districts, and providing numerous opportunities for people to experience visual art. Public Art Prol!ram Goals I) Establish and enhance pedestrian friendly public spaces such as parks, plazas, pathways, public restrooms, parking lots and other places where people travel or gather. 2) Strengthen the umque character of individual neighborhoods, business districts and transit corridors with artwork that relates to the site's purpose, history and natural environment. City of Dublin Public Art Master Plan - DRAFT 00\).7 3) Provide numerous opportumtles for Dublin's cItizens to gain a deeper understanding and appreciation for visual art. 4) Enhance the City's identity and regional image by actively promoting Dublin's unique public art collection. 5) Encourage the creation of artworks that are integrated into the City's built environment, including signage, gateways, sidewalks, bus stops, bollards, parking structures, crosswalks and other public amenities. 6) Involve artists in the planning of public spaces such as parks, and transit corridors. 7) In existing neighborhoods and parks, ensure community support for the artworks through public participation in artist selection and artwork development. 8) In new developments, support the design themes, goals and objectives of City planners and private developers by working closely with these parties in the development of public art. 9) In rehabilitation of existing developments, further the design themes and goals of the area by working with residents and business owners as well as City planners and private developers in public art planning and development. "Aaron and Dillon" by Katherine Keefer (2002) March 7, 2006 Page 3 of22 I I I I I I I I I I I I I I I I I I I PUBLIC ART PROGRAM - OPPORTUNITIES The City of Dublin has extensive plans to build new neighborhoods and rehabilitate others. As the plans are implemented, there will be many opportunities to involve artists in the early design of urban development projects. Artists will be encouraged to work with the City's Heritage and Cultural Arts Commission and Staff, Commnnity Development Department, private developers, neighborhood residents and business owners to enhance constituents' goals and design themes for each neighborhood. This opportunities section summarizes existing public art projects both public and private and identifies potential projects for the placement of public art in the City of Dublin. Existinl! Public Art - Citv Proiects Beginning in 1990, the City has actively pursued the development of public art. Identifying public art opportunities at local parks and City facilities, Dublin's collection now includes 21 artworks for public display A listing of the public artwork and locations follows. Dublin Civic Center "GAIA" by Ned Smyth (1990) "Gail" by Katherine Keefer (1994) "Aaron and Dillon" by Katherine Keefer (2002 ) "20th Anniversarv Ouilt" by Linda Schmidt (2002) "Sisyphus" by Roger Berry (1989, on loan since 1992) "Steel Water Color #99" by Fletcher Benton (1989, on loan since 1996) 70(:;'7 Dublin Library "Know Wav" by Robert Ellison (2003) "Seasons" by Peter Mollica (2003) "Cutouts" by Mark Evans and Charlie Brown (2003) Dublin Senior Center "Wisdom Through the Ages" by Rowland Cheney (2005) Art in the Parks Commissioned by the Dublin Fine Arts Foundation Shannon Park: "Sirius" by Peter Voulkos (1990) Stagecoach Park: "Mosaic Tile Seating Area/Wagon Wheel" by Twyla Arthur (1996) Alamo Creek Park: "Black Pool" by Alan Counihan (1997) Mape Memorial Park: "Archwav" by Donna Billick and Troy Corliss (1999) Kolb Park: "Dust in the Universe" by John King (2000) Ted Fairfield Park: "Birdwatch" by Johanna Poethig (2002) Dolan Park: "Dreams of Longing After Nothing" by Bryan Tedrick (2004) Emerald Glen Park: "Divided Sea" by Ned Kahn, (2004) Underpass Murals 1-680 at Dublin Boulevard and 1-680 at Amador Valley Boulevard "Historic Crossroads" by Daniel Galvez, John Pugh, and John Wehrle (2003) Bus Shelter Art Dublin Boulevard. north at Village Parkway Dublin Boulevard north and south at Golden Gate Drive. By Dan Dykes (2003) City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 4 of22 I I I I I I I I I I I I I I I I I I I Existinl!: Public Art - Private Development In 1997 the City of Dublin adopted its first Public Art Policy The Policy encouraged development projects to include artwork in buildings and public spaces. To date four private development projects have included artwork. A listing of the artwork and locations follows. Dublin Boulevard Safeway' "Dublin Time" by Dan Dykes (2004) Expo Design Center: "Indesign" by Ray Lamb (2001) Archstone Apartments: "Ironhorse Trail" by Vickie Jo Sowell (2002) Waterford Shopping Center "The Rising Blue" by Y oshio Taylor (2003) Public Art Opportunities - Citv Projects Capital Improvement Projects A Capital Improvement project means any permanent public improvement project paid for wholly by monies appropriated by the City to construct, improve, or renovate a building, including its appurtenant facilities, a decorative or commemorative structure, a park, a sidewalk, a parking facility, a utility, or any portion thereof, within the City limits or under the jurisdiction of the City In large capital projects it is recommended that artworks be located on site, using a general budget guideline of 1% - 2% of the total capital project budget. Potential capital projects include: . Shannon Community Center Reconstruction . Emerald Glen Park Recreation and Aquatic Center . Emerald Glen Park Community Center . Community Theater/Cultural Arts Center '6 0.( ;17 Parks Public art should be included in neighborhood and community parks. Potential artwork locations should be identified as part of the park design. Installation of art shall occur at snch time that occupancy of the surrounding development reaches a minimum of 25%. Neighborhood Selection Committees should be convened to assist with artwork selection. Coordination with the Dublin Fine Arts Foundation on the award winning "Art in the Parks" project should be continued, as deemed appropriate. Potential park projects include: . Bray Commons . Dublin Ranch Neighborhood Parks . Dublin Historic Park . Fallon Sports Park . Fallon Village Neighborhood and Community Parks . Schaefer Ranch Parks . Transit Center Park Public Art Venue A Public Art Venue is a location where several pieces of public art are on display in a consolidated area. The size of the site can typically vary from 1/3 acre to 10 acres in a park location, or in the case of a streetscape, one to several blocks long. Usually, a large number of different types of art sculptures are on display for the public's view, in some cases, surrounded by a garden like setting. Some Venues are thematic in nature whereas others can be educational. Public Art Venues can range in cost from $350,000 up to $5 million or more, depending on the amount of art pieces and possible land costs. Potential locations for a Public Art Venue include: . Camp Parks . Dublin Historic Park . Emerald Glen Park City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 5 of 22 I I I I I I I I I I I I I I I I I I I Public Art Opportunities - Private Development As the City embarks on development of area specific projects, opportunities for public art thrive. Public art can be included in a single development project or part of a larger planned development. Artworks should be located in an area which is accessible to the public and allow for umestrained viewing from a variety of vantage points. Sites may include urban gateways, vistas, public spaces and plazas, or other interior or exterior, publicly accessible places. As a condition of approval, public art will be included in the following private development projects: . Gateway Medical Center . General Motors . Ikea . Metropolitan and Dublin Station . San Ramon Village . Sorrento . Tralee . Ulferts Other potential private development projects may include, but are not limited to . Camp Parks . Dublin Land Company . Dublin Place Shopping Center . Dublin Transit Center . Emerald Place . Fallon Villages . Wallis Ranch . West Dublin BART Site Selection Process Sites will be selected based on the Public Art Master Plan and goals of the public art program. qof:27 1) Establish and enhance pedestrian friendly public spaces where people travel or gather 2) Sites that are accessible to the public a minimum of eight hours a business day may be considered suitable locations for public art. 3) Site spaces may be interior or exterior 4) Locations can include surface treatments of buildings, retaining walls and bridges. The definition of "location" can also be expanded by an artist's ability to extend the possibilities for public art, and would then be determined on a case-by-case basis. 5) Strengthen the umque character of individual neighborhoods, business districts and transit corridors with artwork that relates to the site's purpose, history and natural environment. 6) Provide numerous opportunll1es for Dublin's citizens to be exposed to and gain a greater appreciation for visual art. 7) Enhance the City's identity and regional image by actively promoting Dublin's unique public art collection. In addition, sites should have maximum public exposure. For site selection to be maximized, the artist will work with developers, city planners, residents and business owners so that the theme and development goals of the project are enhanced. This will allow the artist and community to decide if a work is best incorporated into the building or other infrastructure, or created as a freestanding artwork. This process underscores the importance of involving the artist at the same time as the project architect. City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 6 of22 I I I I I I I I I I I I I I I I I I I PUBLIC ART PROGRAM - GUIDELINES FOR CITY PROJECTS The guidelines outlined below establish procedures for the implementation of the Public Art Program for City projects. Responsibilities The City Council shall: . Adopt policies and procedures under which the Public Art Program operates; . Review and approve the annual workplan presented by Staff on behalf of the Heritage and Cultural Arts Commission that shall include identification of eligible capital improvement projects and recommended funding appropriations; . Appropriate monies for individual capital improvement projects as part of the annual capital budgeting process; . Approve all contracts with artists; and . Approve all public works of art. The Heritage and Commission shall: . Provide oversight of the Public Art Program, . Review and recommend the annual public art workplan to City Council, . Recommend guidelines, policies and procedures for the selection, implementation and conservation of public art in Dublin to the City Council, . Receive and review the recommendations of the Artist Selection Panel and forward to the City Council; . Review and approve Staff recommendations regarding the care and maintenance of the Public Art Collection; . Support Staff in community outreach efforts; Cultural Arts /0 of?7 . Review and recommend proposed gifts of public art to the City, as well as loans and long term exhibitions of public art on City- owned property; . Review and recommend accessioning (acquisition) and de-accessioning (removal) of artworks from the Public Art Collection, and . Periodically review and recommend changes to the Public Art Program guidelines, policies and procedures. City Staff shall: . Steer the overall work objectives of the Public Art Program, such as project administration, artist project management, short and long-term planning and community outreach, . Lead the development of the annual public art workplan that shall include identification of eligible capital improvement projects and funding appropriations and submit to the Heritage and Cultural Arts Commission; . Monitor the overall development of the Public Art Collection, including ensuring that the Collection policies are followed; . Oversee the existing public art collection, survey the works quarterly, update the maintenance survey and communicate maintenance needs to appropriate staff and/or consultants; . Advise the Heritage and Cultural Arts Commission and the artist selection panel, . Act as liaison to the artist selection panels; . Act as a liaison to the Dublin Fine Arts Foundation; . Provide services to assist pri vate developers in creating and implementing their public art plans; . Present recommendations to the Dublin City Council on behalf of the Heritage and Cultural Arts Commission; and City of Dublin Public Art Master Plan - DRAFT March 7,2006 Page 7 of 22 I I I I I I I I I I I I I I I I I I I . Ensure community outreach and citizen participation in the Public Art Program. Artist Selection Panels shall: . Be ad-hoc panels formed for a limited period of time and be appointed by the Mayor with the consent of the City Council with the responsibility of recommending artists for individual City projects or groups of projects; . Be comprised of individuals representing the following interests: arts professionals, community leaders, business owners, residents, gallery owners and art educators, and o One or more panelists shall be a representative from the Heritage and Cultural Arts Commission o At least half the panel shall be Dublin residents o One or more panelists shall be professional artists, architects or landscape architects with experience in public art . Have strong representation from partnering nonprofit organizations, when appropriate; . Recommend to the Heritage and Cultural Arts Commission an artist or artists to be commissioned for projects; . Review the credentials, prior work, proposals and other materials submitted by artists for particular projects; . Look for the best fit between the artist and the requirements in the project prospectus and guidelines; and . Be sensitive to the public nature of each project and the necessity for cultural diversity in the Public Art Program. City Departments shall: . Determine, in consultation with the Heritage and Cultural Arts Staff, which projects are eligible for public art inclusion, the amount of eligible project City of Dublin Public Art Master Plan - DRAFT II 0 f ,,27 costs available for public art and whether the project is appropriate for artist involvement; . Provide the Heritage and Cultural Arts Staff with information on the capital improvement program, budgets and schedules; . Desigoate a departmental representative to participate in the artist selection process if appropriate; . Review the maintenance needs survey for artworks located at the site; and . Inform the project architect of the artist involvement in the capital improvement project and the method of artist selection. Construction Project Managers shall: . Collaborate with the Heritage and Cultural Arts Staff on the development of public art projects; . Coordinate with the Heritage and Cultural Arts Staff on all issues related to the Public Art Program and the overall project including safety, liability, timeline, code requirements and installation deadlines, etc., and . Provide Heritage and Cultural Arts Staff and artist with the appropriate documentation necessary for project compatibility and completion (i.e., architectural desigo drawings and specifications, as-built drawings, structural drawings, mechanical drawings, electrical drawings, materials to support public outreach efforts, etc.). '" "Cutouts" hv Mark Evans and Charlie Brown (2003) March 7, 2006 Page 8 of 22 I I I I I I I I I I I I I I I I I I I Artist Selection Process Selecting the "right" artist - one whose experience, artistic style, commitment to collaboration, communication and facilitation skills matches the needs of the project ~ is critical to the success of any project. Specifically, the goals of the selection process are to: . Implement the goals of the overall capital improvement program through an appropriate artist selection; . Further the mission and goals of the Public Art Program; . Select an artist or artists whose existing public artworks or past collaborative efforts have maintained a level of quality and integrity; . Identify the optimal approach to public art that is suitable to the demands of the particular capital project; . Select an artist or artists who will best respond to the distinctive characteristics of the site and the community it serves; . Select an artist or artists who can work successfully as members of an overall project design team, and . Ensure that the selection process represents and considers the interests of all parties concerned, including the public, the arts community and the City department involved. In consideration of selection of an artist for a City Public Art project, certain requirements of the artist will need to be met. These requirements include: . Submit credentials, visuals, proposals and/or project materials as directed for consideration by artist selection panels; . Conduct necessary research, including attending proj ect orientation meetings and touring project sites, when possible; 17--0/;;'7 . If selected, execute and complete the artwork, conceptual work or design work, or transfer an existing work, in a timely and professional manner; . Work closely with Heritage and Cultural Arts Supervisor, the project manager, design architect and/or other design professionals associated with the project; . Make presentations to City Council, the Heritage and Cultural Arts Commission and other reviewing bodies at project milestones as required by contract; and . Make public presentations, conduct community education workshops, or do a residency at an appropriate time and forum in the community where the artwork will be placed, as required by contract. Methods of Artist Selection The method of selection for individual projects shall be determined by City Staff in consultation with the Heritage and Cultural Arts Commission in accordance with the adopted Public Art Program guidelines and policies. Any ofthe following methods may be used, depending upon the requirements of a particular project. Open Competition: An open competition is a call for artists for a specific project in which artists are asked to submit evidence of their past work. Any artist may submit credentials and/or proposals, subject to any limitations established by the Artist Selection Panel. Calls for entries for open competitions will be sufficiently detailed to permit artists to determine whether their work is appropriate for the project under consideration. Limited or Invitational Competition: A limited number of artists shall be invited by the artist selection panel to submit credentials and/or proposals for a specific project. Artists shall be invited, based on their past work and City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 9 of22 I I I I I I I I I I I I I I I I I I I demonstrated ability to successfully respond to the conditions posed by the particular project (i.e., water features, light works, paintings, sound works, landscape works, design team efforts, etc.), or based on other non-aesthetic Public Art Program goals (i.e., artists who reside in a particular neighborhood where a project is occurring, local artists or regional artists, etc.). Pre-aualified Artists List: Heritage and Cultural Arts Staff will develop a pool of pre- qualified artists who can be selected for small, community-based projects with budgets under $25,000, where a separate selection panel may not be warranted, if recommended by the Heritage and Cultural Arts Commission. Mixed Process: A mixed process may include any combination of the above means. Criteria for Selection of Artists or Artworks . Oualifications: Artists shall be selected based on their qualifications as demonstrated by past work and the appropriateness of their concepts to the particular project. . Oualitv. Of highest priority are the design capabilities of the artist and the inherent quality of artwork. . Media. All forms of visual arts shall be considered, subject to any requirements set forth by the project prospectus. . Stvle: Artists whose artworks are representative of all schools, styles and tastes shall be considered. . Appropriateness to Site: Artwork designs shall be appropriate in scale, material, form and content to their immediate social and physical environments. . Appropriateness to Public Art Program Goals: Artworks should address, or artists should be willing to address within their process, a commitment to enhancing public City of Dublin Public Art Master Plan - DRAFT l~o{;).7 spaces and giving character to neighborhoods by supporting the larger urban design themes of the neighborhood or district. . Permanence: Consideration shall be given to structural and surface integrity, permanence and protection of the proposed artwork against theft, vandalism, weathering, excessive maintenance and repair costs. . Elements of Design: Consideration shall be given to the fact that public art is a genre that is created in a public context and that must be judged by standards that include factors in addition to the aesthetic. Public art may also serve to establish focal points; terminate areas; modify, enhance or define specific spaces; establish identity; or address specific issues of urban design. . Communitv Values: While free artistic expression shall be encouraged, consideration must be given to the appropriateness of artworks in the context oflocal community and social values. . Public Liabilitv. Safety conditions or factors that may bear on public liability must be considered in selecting an artist or artwork. . Diversitv. The Public Art Program shall strive for diversity of style, scale, media and artists, including ethnicity and gender of artists selected. . Communications: The ability of the artist to effectively communicate with a variety of groups, including other design professionals, public officials and community members, should be taken into consideration. "Dust in the Universe" by John King (2000) March 7, 2006 Page 10 of22 I I I I I I I I I I I I I I I I I I I Elicible Artworks It is the policy of the City Council that all artworks commissioned or acquired under the public art program be designed by professional visual artists. Such artworks include, but are not limited to, the following: . Sculpture: free standing, wall supported or suspended, kinetic, electronic; in any material or combination of materials. . Murals or portable paintings: in any material or variety of materials, with or without collage or the addition of non- traditional materials. . Earthworks, fiber-works, neon, glass mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, literary elements, film, holographic images and video systems; hybrids of any media and new genres. . Furnishings or fixtures, including but not limited to gates, railings, streetlights, signage, seating, etc., if created by artists as unique elements or limited editions. . Artistic or aesthetic elements of the overall architecture or landscape design if created by a professional artist or a design team that includes a professional artist. . Temporary artworks or installations, if such artworks serve the purpose of providing community and educational outreach purposes. . The incremental costs of infrastructure elements, such as sound-walls, utility structures, roadway elements or other items if designed by a professional artists or a design team that included an artist as a co-designer. Inelicible Artworks . "Art objects" which are mass produced or of standard manufacture, such as playground equipment, fountains or /Lt of,;7 statuary elements, unless incorporated into an artwork by a project artist. . Reproductions, by mechanical or other means, of original works of art, except in the cases of film, video, photography, printmaking or other media arts. . Works that are decorative, ornamental or functional landscape or architectural elements except when commissioned from an artist as an integral aspect of a structure or site. . Those elements generally considered to be components of the landscape architectural design, vegetative materials, pool(s), paths, benches, receptacle, fixtures, planters, etc., except when designed by artists. Collection Review and Conservation At least once in every five-year period, the Public Art Collection should be evaluated for the purposes of collection management and conservation in order to assess the collection's condition. The City, with the advice of the Heritage and Cultural Arts Commission and approval of City Council, shall retain the right to de-accession any work of art in the Collection, regardless of the source of funding for the particular artwork. Objectives: . To establish a regular procedure for evaluating artworks in the Public Art Collection; . To establish a regular procedure for repairing public artworks; . To ensure regular maintenance of public artworks and that all maintenance is completed with the highest standards of professional conservation; . To establish standards for the acquisition of artworks by the City of Dublin; . To strive for an equitable distribution of artworks throughout the City City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page II of22 I I I I I I I I I I I I I I I I I I I . To ensure that de-accessioning is governed by careful procedures; and . To insulate the de-accessioning process from fluctuations in taste. ACQuisition Review Standards: . Acquisitions should be directed toward artworks of the highest quality; . Acquisition of artworks into the Public Art Collection implies a commitment to the ongoing preservation, protection, maintenance and display of the artworks for the public benefit; . Acquisition of artworks, whatever the source of funding, should imply permanency within the Public Art Collection, so long as physical integrity, identity and authenticity are retained, and so long as the physical sites for the artworks remain intact; and . When possible, artworks should be acquired without restrictions as to future use and disposition. De-accessioning Review Standards: Any proposal for de-accessioning ~ the destruction or removal of an artwork in the collection - or relocation of an artwork shall be reviewed by the Heritage and Cultural Arts Commission according to the policy and procedures contained herein and shall be as deliberate as those practiced during the initial selection. This process should operate independently from short-term public pressures and fluctuations in artistic or community taste. During the review process, the work of art shall remain accessible to the public in its original location. The final decision with respect to de-accessioning of artworks shall rest with the City Council. De-accessioning should be a seldom-employed action that operates with a strong presumption against removing works from the Collection. Artwork may be considered for review toward II)()r.2 7 de-accessioning from the Public Art Collection if one or more of the following conditions apply' . The condition or security of the artwork cannot be reasonably guaranteed; . The artwork requires excessive maintenance or has faults of design or workmanship and repair or remedy is impractical or unfeasible; . The artwork has been damaged and repair is impractical or unfeasible; . The artwork's physical or structural condition poses a threat to public safety; . No suitable site is available, or significant changes in the use, character or design of the site have occurred which affect the integrity ofthe work; . Significant adverse public reaction has continued unabated over an extended period oftime (at least five years or more); . De-accessioning is requested by the artist; or . The site and/or agency housing the work is undergoing privatization. When an artwork in the collection is being considered for de-accessioning, the artist shall, when practical, be given the first right of refusal to purchase the work at its fair market value. Gifts or Loans of Artworks Artworks proposed for donation or long-term (one year or longer) loan to the City shall be carefully reviewed by the Heritage and Cultural Arts Commission in order to meet the following objectives prior to submitting to the City Council for approval. . To provide uniform procedures for the review and acceptance of gifts or loans of artworks to the City; City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 12 of22 I I I I I I I I I I I I I I I I I I I . To vest in a single agency the responsibility of insuring the management and long-term care of the donated artworks; To facilitate planning for the placement of artworks on City-owned property; To maintain high artistic standards for artworks displayed in City facilities; and To provide for appropriate recognition for donors of artworks to the City . . . Review Criteria for Gifts or Loans of Artworks: Aesthetic considerations. To ensure artworks of the highest quality, proposed gifts or long- term loans of artworks should be accompanied by a detailed written proposal and concept drawings of the proposal and/or photographs of an existing artwork, documentation of the artist's professional qualifications and, if needed, a current certified appraisal of the worth of the artwork. The following will be considered in the acceptance of a gift or loan of artworks: . To preserve artworks which provide the public with a truer understanding and deeper appreciation of historic Dublin. . To strengthen and enrich the public art collection of the City . To promote artwork that has an educational or communicative function. . To choose artwork that is.the best available example to accomplish an interpretive purpose. Financial considerations. Based on the cost of installation, the proposal should identify sources of funding for the project, and the estimated cost of maintenance and repair over the term of the loan or expected life of the artwork. Legal title to the donated artwork must pass from the donor to the City without restriction or conditions. Restrictive gifts are detrimental to the artwork collection and City of Dublin Public Art Master Plan - DRAFT /fc,o(J7 Sb,ould be courtll9~hld~clined. A legal instrument of conveyance of the work of art should be executed between the City and donor Liability The proposal should discuss susceptibility of the artwork to damage and vandalism, any potential danger to the public and any special insurance requirements. The City will accept long-term loans only to fill a g~p in the City's public art collection. Artwo.rks that are on indefinite loan shall have an expiration orrenewal date defined. Environmental considerations. The proposal should address appropriateness of the artwork to the site and the scale of the artwork in relation to its immediate context. The Heritage and Cultural Arts Commission will review and discuss the donation and direct Staff as to any questions to be asked of the donor or artist. A personal appearance by artist may be requested. The Commission will determine when all issues have been addressed and recommend to accept or reject the artwork. Proposed artwork donations shall be reviewed by the Heritage and Cultural Arts Commission and approved by the City Council. "Wisdom Throuf!h the Af!es" bv Row/and Cheney (1990) March 7, 2006 Pagel30f22 I I I I I I I I I I I I I I I I I I I Donation proposals shall be accompanied by the following information: . Slides, photos or a model of the proposed work; . Biography ofthe artist; . Proposed site and installation plans; . Monetary value of the artwork and budget for installation; . Maintenance requirements for the artwork; and . Contact information for the donor Exceptions to the Review Process for Gifts or Loans of Artworks: Gifts of state presented to the City by foreign governments or by other political jurisdictions of the United States - municipal, state or national - which may be accepted by the City Council on behalf of the City shall be reviewed as follows: . Permanent placement of artworks of substantial scale, suitable and accessible for public display shall be determined jointly by the appropriate City Department and the Heritage and Cultural Arts Commission with the approval of the City Council, . Appropriate recognition and publicity shall be the responsibility of the City Council; and . If not provided by the donor, maintenance of the artwork shall be the responsibility of the department with jurisdiction over the site, in consultation with the Heritage and Cultural Arts staff. City of Dublin Public Art Master Plan - DRAFT 17 0 f.27 "Sisvvhus" by Roger Berr" (1989) March 7,2006 Page 14 of22 I I I I I I I I I I I I I I I I I I I PUBLIC ART PROGRAM - GUIDELINES FOR PRIVATE DEVELOPMENT The guidelines outlined below establish procedures for the implementation of the Public Art Program for Private Development projects. Reuuirements Commercial, Industrial, Office Development: The Public Art Program requires all new commercial, industrial, and office development projects over 50,000 square feet to allocate one-half of one percent (1/2%) of the Building Valuation (exclusive of land) per development project, to finance an art project according to the public art guidelines. In lieu of providing on-site artwork, an applicant may choose to deposit the required allocation into a Public Art Fund. If an in-lieu fee option is chosen, the developer must reserve a space for possible public art to be installed by the City, if the City determines such a space is necessary Any new commercial, industrial, and office development project under 50,000 square feet will be required to allocate one-half of one percent (1/2%) of the Building Valuation (exclusive ofland) per development project, to finance an art project Q!: in lieu of providing a public art work on site, may contribute funds equal to 90% of the one-half of one percent (1/2%) to a Public Art Fund. The building valuations shall be calculated by the City's Building Official. An applicant may choose to allocate more than thel/2% of Building Valuation to public art. l<6ofJ7 The Public Art obligation, if art is to be installed on-site, must be satisfied prior to the issuance of a Certificate of Occupancy If the in lieu fee option is chosen, the obligation must be satisfied prior to the issuance of the first building permit. Residential Development: The Public Art Program reqUIres all new residential developments including single- family (detached), single family (attached), and multi-family to allocate one-half of one percent (1/2%) of the Building Valuation per development project, to finance an art project according to the public art guidelines. The building valuations shall be calculated by the City's Building Official. In lieu of providing on site artwork, an applicant may choose to deposit the required allocation into a Public Art Fund. If an in-lieu fee option is chosen, the developer must reserve a space for possible public art to be installed by the City, if the City determines such a space is necessary An applicant may choose to allocate more than thel/2% of Building Valuation to public art. The Public Art obligation, if art is to be installed on-site, must be satisfied prior to the issuance of a Certificate of Occupancy If the in lieu fee option is chosen, the obligation must be satisfied prior to the issuance of the first building permit. Exemptions The following categories of projects are exempt from the Public Art Program requirements: I) Any current or future tenant improvement projects; City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 15 of22 I I I I I I I I I I I I I I I I I I I 2) Any 100% low-income housing projects; 3) Child Care Centers; 4) Nonprofit agencies and institutions that exclusively provide social services only, to the general public. Verification of Expenses The Project Developer shall provide satisfactory evidence to the Parks & Community Services Department that the minimum allocation (1/2% of the Building Valuation for commercial, industrial, office and residential development) has been expended for art work or allocated to the Public Art Fund, prior to the issuance of the Certificate of Occupancy (for on-site work) or prior to the issuance of a building permit (for in lieu fee option) for the development project. All financial arrangements shall be negotiated between the Project Developer and the artistes) and shall be verified in a written agreement. Copies of the executed contracts between the applicant and the artists shall be submitted to the Parks & Community Services Department prior to the issuance of the Certificate of Occupancy Assistance with Artist Selection If an applicant elects to provide public art, the applicant is free to choose the artistes) of its choice. The Parks & Community Services Department can assist the applicant, in selecting and locating qualified artists for their project and can provide a list of private art consultants that can assist the applicant with artist selection. In addition, technical support and artwork review and critique can be provided by the Parks & Community Services Department. /9 ,,/ ').7 Elieible Costs The following costs shall be included in determining whether the public art allocation meets the minimum required allocation: . Artists, professional design and production fee inclusive of labor, materials and services including art consultant or management fees provided that these fees do not exceed 15% of the minimum allocation; . Travel of the artist for site visitation and research; . Transportation of the work to the site; . Installation of the completed work; . Sales tax; . Any required permit or certification fees; . Identification plaques; . Directional or other functional elements such as supergraphics, signing, color- coding, etc., provided they are designed by an artist and are, in the opinion of the City, an integral part of the work of art; . Walls, bases, pools or other architectural components on or in which works of art are placed or affixed, provided they are an integral part of the work of art; . Electrical, water or mechanical services for activation of the work, when they are an integral part of the work of art. Non-Elieible Costs The following costs will not be accepted as satisfying the Public Art Program requirements: . Preparation of the site EXCEPT as necessary to receive the work of art. . Exhibitors and education aspects which are interpretive of and tangential to the actual work of art. This includes tours and docents, videotaping or filming of construction and installation of artwork. City of Dublin Public Art Master Plan - DRAFT March 7,2006 Page 16 of22 I I I I I I I I I I I I I I I I I I I Criteria for Selection of Artist and Artwork The criteria followed in the selection of an artist and eligible artwork should be consistent with the City's policies for public projects (see Criteria for Selection of Artists or Artworks, and Eligible Artworks, page 10 and II). Process Steps I) The Project Developer shall submit a completed Site Development Review (SDR) application to the Community Development Department, Planning Division. The applicant will be informed of the Public Art requirement and policies, and will be encouraged to meet with the Parks & Community Services Department to discuss the requirements. 2) Residential Development Applicants, who desire to provide public art within their projects, are required to present a plan to the City that conforms to the requirements of the Public Art Master Plan. The Applicant's plan shall be submitted at the time of an application for tentative map in which individual lots are created. If a tentative map is not required in the project, the plan for public art shall be submitted at the time of Site Development Review (SDR). 3) The Building Valuation will be verified and the minimum art allocation will be calculated by the Building Division upon receipt of the building permit application. The developer may be required to apply and obtain a separate building permit for the construction and installation of the art project. 4) Applicants choosing not to provide on site artwork will be required to pay in lieu fees of a minimum art allocation of 1/2% for commercial, industrial, office, and residential developments and 90% of 1/2% for commercial, industrial, and office 20 of:rl developments under 50,000 square feet to the Public Art Fund, to satisfy the development standard. In lieu fees must be paid prior to the issuance of a building permit. 5) Upon selection of an artist and artwork, the developer will be required to meet with the Heritage & Cultural Arts Commission for review of the artwork. Upon recommendation by the Heritage & Cultural Arts Commission, the developer will be required to receive final approval by the City Council. Art Pro iect Checklist Developer will be responsible for providing the following documents: . Landscape and site plans and structural calculations; . Sample or model (Maquette) of the art project, drawings and photos; . Material samples and finishes (if appropriate); . Artist resume (artist's record of group and solo exhibitions, art training, art education, private and public collections, critiques and articles); . Building Valuation as determined by the City's Building Official; . Artist/developer contract; . Slides or photos of the artist's past work which demonstrates like work to proposal, accompanied by the price for which these works were sold; . Maintenance provisions which provide specific technical requirements; . Documentation which indicates that the property owner is responsible for maintaining the artwork at all times. City of Dublin Public Art Master Plan - DRAFT March 7,2006 Page 17 of22 I I I I I I I I I I I I I I I I I I I PUBLIC ART PROGRAM - POLICIES Nonprofit Partnerships The City recognizes the value of its partnerships with nonprofit agencies. It was because of the leadership of the nonprofit Dublin Fine Arts Foundation that public art was successfully established in the City of Dublin. Other nonprofit organizations have also contributed to public art in the City The City encourages fostering partnerships with other community groups in the development of public art projects. Policv In order to promote community involvement, the City will actively work to encourage nonprofit organizations in its Public Art Program to create public art on City owned property. Nonprofit organizations are welcome to approach the Dublin Heritage and Cultural Arts Commission or Staff at any time to discuss a public art project. Nonprofit organizations must simply write the City Heritage and Cultural Arts Staff with a description of the proposed project. If the project falls within the vision and goals of the City public art program, it will go to the Heritage and Cultural Arts Commission and then City Council for approval. The project will then be guided by the same guidelines and criteria as other City public art projects, with the Heritage and Cultural Arts Staff working in partnership with the nonprofit organization's leadership. The nonprofit organization will have representation on the Public Art Advisory or Artist Selection Committee that advises the project. In general, nonprofit organizations are expected to contribute the cost of the artwork and its installation. The artwork must be .<./ ~/,)7 installed on City property and will become the property of the City of Dublin once installed. Artist Ril!hts The City of Dublin is committed to attracting the highest quality artists to create works for its public art program. For that reason, it is important that artists retain reasonable control over the integrity of their artworks and receive equitable compensation for their creative endeavors. Policv The City of Dublin seeks to assure the following rights to artists, which shall be embodied in artist contracts for the commissioning or purchase of works of art. . Recognizing that successful public art is generally inseparable from the site for which it is created, City Departments shall not move or remove an artwork unless its site has been destroyed, the use of the space has changed, or compelling circumstances arise that require relocation of the work of art. Should it become necessary to move or remove an artwork, City Staff shall make reasonable efforts to consult with the artist before effecting any removal or relocation. However, the City reserves the right to move or remove the artwork without notification under emergency circumstances where an immediate threat to property or public safety is present. . If an artwork is significantly altered, modified or destroyed, whether intentionally or unintentionally, the artist shall have the right to disclaim authorship of the artwork. Should an artist choose to exercise this disclaimer, the City shall remove any plaques, labels or other identifying materials that associate the work with the artist. City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 18 of22 I I I I I I I I I I I I I I I I I I I . The City shall make its best effort to ensure that all maintenance and repairs to works of art are accomplished in accordance with any maintenance and repair instructions the artist has provided to the City at the time of accession, and that all such maintenance and repairs adhere to the highest professional standards of artwork conservation. The City shall make reasonable efforts to notify the artist before undertaking repairs or restorations to the artwork during the lifetime of the artist. Where practical, the City shall seek to ensure that the artist be consulted and given an opportunity to accomplish the repairs or restorations at a reasonable fee. The City reserves the right to make emergency repairs without prior notification to the artist. . The artist shall retain all copyrights associated with works of art accessioned under this program including those acquired for the City The City agrees that it will not copy or reproduce the artwork in any way, or permit third parties to do so, without prior written permission of the artist. Notwithstanding this policy, the City reserves the right to make photographs or other two-dimensional representations of the artwork for public, noncommercial purposes, such as catalogues, brochures and guides. Artistic Freedom of Expression The City recognizes that free expression is crucial to the making of works of art of enduring quality At the same time, public art must be responsive to its immediate site in community settings, its relatively permanent nature and the sources of its funding. Policv It is the policy of the City to encourage free expression by artists participating in the Public .l~t?f,).7 Art Program, consistent with due consideration of the values, aspirations, and goods of the City Community representatives will be invited to serve on artist selection panels to ensure discussion of community sensibilities. Artists selected to participate in the program will be encouraged to engage the community directly in the process of developing their artistic concepts and designs. Community Participation and Outreach The purpose of the Public Art Program is to serve the citizens of Dublin. By building a regular program of educational and promotional activities, a sense of community ownership can be instilled and cultivated. Such activities can generate broader community appreciation of public art and recognition of the role of public art in reflecting the community's culture. Policv The City shall make community participation a part of each public art project, as well as of the program as a whole. This may be accomplished through the use of Artist Selection Panels and/or the Heritage and Cultural Arts Commission and artist interaction with the community The Heritage and Cultural Arts Staff may develop a comprehensive approach to educational outreach concerning the Public Art Program. Elements of this ongoing educational policy shall include programs in public schools and special events, such as exhibitions, public art tours, artist-in-residence programs, education and/or school programs, publications, brochures, films and videos and public meetings. In addition, avenues such as print and broadcast media will be cultivated in order to give access to the Public Art Program to the widest possible audience. City of Dublin Public Art Master Plan - DRAFT March 7, 2006 Page 19 of22 I I I I I I I I I I I I I I I I I I I Conflicts of Interest The City recognizes and encourages those with arts backgrounds and other related professionals to serve as members of the Heritage and Cultural Arts Commission, its subcommittees and selection panels. It further recognizes that artists and other related professionals may have a real or perceived conflict of interest when serving in such a capacity while competing for projects. In general, a conflict of interest may arise whenever a committee or panel member has a business, familial or personal relationship that would make it difficult to render an objective decision or create the perception that an objective decision would be difficult. A conflict may also arise whenever a committee or panel member possesses inside information or has a role in the decision-making process that could influence the outcome of a public art process or project. Therefore, the City has established policies to govern service on the Commission and its panels. Policv Memqers of the Heritage and Cultural Arts Commission . Must disclose any real or potential conflict of interest; . Are not eligible for any competition, commission or project during his or her tenure on the Heritage and Cultural Arts Commission; . Must withdraw from participating or voting on any competition, commission or project for which any family member or business associate has any financial interest or personal gain; . Are ineligible for participation in any competition, commission or project of the Heritage and Cultural Arts Commission for a period of one year following the end of an individual's term on the Commission' , and City of Dublin Public Art Master Plan - DRAFT 2.,?-of;i7 . Are ineligible for any competition, commission or project on which he/she voted during service on the Heritage and Cultural Arts Commission, regardless of the length of time that has elapsed following Commission service. Members of Advisory Committees or Artist Selection Panels . Must disclose any real or potential conflict of interest; . Must withdraw from participation, discussion and voting on any artist who is a family member, business associate or with whom the panel member has a gallery affiliation. and . May not enter any competition, commission or project on which he or she is serving as a panelist or advisory committee member Non-discrimination The City recognizes that cultural and ethnic diversity is essential in programs sponsored by the City and seeks to be inclusive in all aspects of the Public Art Program. Policv The City will not discriminate against any artist or other program participant based on race, gender, ethnicity, age, socio-economic class, religion, sexual orientation, skills and abilities, and politics among other qualities. March 7, 2006 Page 20 of22 I I I I I I I I I I I I I I I I I I I PUBLIC ART PROGRAM - IMPLEMENT A nON The goals, guidelines and policies set forth in this Master Plan represent an ambitious plan. The plan, however, reflects the desire of the City of Dublin to develop and maintain a Public Art Program that will create a unique sense of place in each neighborhood and create a strong sense of identity for the City as a whole. The goal of this section is to identify implementation measures and funding mechanisms to facilitate the success of the Master Plan. Implementation Measures Adoption of the Public Art Master Plan is the first step in the implementation of the Public Art Program. The Master Plan sets the framework for the City's Public Art Program through the identification of a vision, purpose and goals. Additionally the Master Plan identifies opportunities for placement of public art both on public and private property Further the Master Plan establishes program guidelines related to the responsibilities of the City Council, Heritage and Cultural Arts Commission, Staff and the public in the stewardship of the Public Art Program. Guidelines also deal with the artist selection process, eligible artworks and the maintenance of the City's collection. Lastly the Public Art Master Plan recommends policies related to non-profit partnerships, artist rights and freedom of expression and community participation and outreach. :;..,'1of')7 Fundinl! Mechanisms At present, the City does not have an established funding mechanism for public art projects. For City projects, the City has elected to include public art in selected public buildings and has appropriated I %-2% of the construction budget for the public art. For public art in private development, the City's current Public Art Policy encourages the inclusion of public art but it is not a mandatory requirement. For developers who choose to include public art, the amount spent on art is discretionary The Public Art Master Plan recommends that designated funding sources be identified to fund the Public Art Program on an ongoing basis. Private Development: For private development, a percent-for-art program is recommended whereby all residential (single-family and multi-family) and non-residential (commercial, industrial and office) development projects are required to allocate one-half of one percent (1/2%) of the project costs to finance an art project according to the public art guidelines contained in the Master Plan. Commercial, industrial and office development projects under 50,000 square feet, as an option to providing public art on site, may contribute funds equal to 90% of the one-half of one percent to a Public Art Fund. Non-residential projects in excess of 50,000 square feet and residential projects can also choose to deposit the required allocation into a Public Art Fund in lieu of providing on site artwork but no discount is given. _~ -l.a . -~~'iII' , Ii ~>;".,,,,,, ~<.,..:~:;;",. ,jlliL; E~ _ !f. .J.i .....-,,j!k,,,_k... -~~.~.. . ..... City of Dublin Public Art Master Plan - DRAFT "Historic Crossroads" by Daniel Galvez, John Pugh. and John Wehrle (2004) March 7,2006 Page 21 of22 I I I I I I I I I I I I I I I I I I I City Projects: In large City capital building projects It IS recommended that artworks be located on site, using a general budget guideline of 1% - 2% of the total capital project budget. Potential projects include: Shannon Community Center Reconstruction, Emerald Glen Park Recreation and Aquatic Center; Emerald Glen Park Community Center; and Community Theater/Cultural Arts Center. For park projects, it is recommended that public art be included in neighborhood and community parks. Potential artwork locations should be identified as part of the park design and installation of art shall occur at such time that occupancy of the surrounding development reaches 25%. Neighborhood Selection Committees should be convened to assist with artwork selection. Coordination with the Dublin Fine Arts Foundation on the award winning "Art in the Parks" project should be continued, as deemed appropriate. The Public Art Master Plan recommends that consideration be given to establishing a Public Art Venue. A Public Art Venue is a location where several pieces of public art are on display in a consolidated area. The size of the site can typically vary from 1/3 acre to 10 acres in a natural setting, or in the case of a streetscape, one to several blocks long. Usually, a large number of different types of art sculptures are on display for the public's view, in some cases, surrounded by a garden like setting. Public Art Fund: Finally it is recommended that a Public Art Fund be established for the purpose of collecting fees paid in lieu of committing the required allocation to an on-site art project. Such funds shall be used to acquire, place and maintain public art projects located at public buildings or on public grounds, or at the City of Dublin Public Art Master Plan - DRAFT .<5 or;)7 private development site from which the funds were received, if the City so chooses, and to administer the Public Art Program. "Dreams ofLon~in~ Aller Nothin~" bv Bryan Tedrick (2004j March 7, 2006 Page 22 of 22 .J bof,;) 7 RESOLUTION NO. -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* EXPRESSING THE CITY COUNCIL'S INTENT TO ADOPT AN ORDINANCE REQUIRING CERTAIN NEW DEVELOPMENT PROJECTS TO PROVIDE PUBLIC ART OR MAKE A MONETARY CONTRIBUTION IN LIEU THEREOF WHEREAS, in 1997, the City adopted its first policy regarding public art, which encouraged developers to include artwork in building and public spaces and provided criteria for the selection of artwork; and WHEREAS, the 1997 public art policy resulted in several pieces of artwork enjoyed by residents of and visitors to the City; and WHEREAS, in 2001 the Heritage and Cultural Arts Commission completed its first long-range plan that called for the development of a public art master plan to I) identify opportunities for public art, and 2) revise the 1997 public art policy to identify alternate funding sources and approval processes for public art; and WHEREAS, in July 2003, the City engaged Wright & Associates to assist in the development of the Public Art Master Plan for the City of Dublin; and WHEREAS, upon the recommendation of the Heritage and Cultural Arts Commission, the City Council has adopted the Public Art Master Plan; and WHEREAS, the Public Art Master Plan proposes new policies that would require new development projects to contribute public art either in kind or by a payment of a fee in lieu of an in-kind contribution; and WHEREAS, the City Council desires to implement such a public art policy, but the enactment of the public art policy will require the adoption of a zoning ordinance that will be the subject of public hearings at the Planning Commission and City Council; and WHEREAS, the City Council's intent in adopting this resolution is that the zoning ordinance implementing the proposed public art policy ("the Public Art Ordinance") shall apply to applications for discretionary approvals submitted or deemed complete after the adoption of this resolution and approved after the effective date of the Public Art Ordinance; and WHEREAS, the City Council adopts this resolution, in part, pursuant to and in satisfaction ofthe requirements of Cali fomi a Government Code Section 66474.2(b). ATTACHMENT 2 )7 ()f~7 NOW, THEREFORE, BE IT RESOLVED, that the City hereby expresses its intent to adopt a public art ordinance in the following form: A. The ordinance will apply to' I All new commercial, industrial, and office development projects. 2. All residential development projects in excess of 20 residential units. B. The ordinance would require applicants for development projects to which it applies (i) to allocate five-tenths percent (0.5%) of the proposed project's building valuation (exclusive of land) to finance an on-site public art project or, alternatively, and at the option of the developer, (ii) to contribute funds to the City's Public Art Fund equal to five-tenths percent (0.5%) of the proposed project's building valuation (exclusive of land) ("the In-Lieu Option"). For commercial, industrial, and office development project of less than 50,000 square feet, the amount of the contribution under the In-Lieu Option would be forty-five one-hundredths percent (0.45%) rather than five tenths percent (0.5%). If the In-Lieu Option were chosen, then the applicant would be required to reserve a site within the project for public art, if the City deems such a site necessary C. The amount of the public-art allocation would be calculated based on the Building Official's estimate of project valuation, which estimate would be based on the criteria set forth in section 7.28.430.E of the Dublin Municipal Code. If the applicant chose to finance an on-site public art project, the Building Official would estimate building valuation for the entire project prior to site development review approval based on the applicant's plans and the building valuation schedule maintained by the Building Official. In the event that the applicant chose the In-Lieu Option, the amount of the fnnds contributed would be calculated for each building permit based on the plans submitted with each application for a building permit, and those funds would have to be contributed prior to issuance of each building permit. PASSED, APPROVED, AND ADOPTED this _ day of 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart Mayor ATTEST Fawn Holman City Clerk 2