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HomeMy WebLinkAboutItem 6.2 - 3148 Public Art Master Plan & Zoning Ordinance U (2) Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: May 19, 2020 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SUBJECT: Public Art Master Plan Update and Related Zoning Ordinance Amendments to Chapter 8.58 (Public Art Program) Prepared by: Shaun Chilkotowsky, Heritage & Cultural Arts Manager EXECUTIVE SUMMARY: The City Council will consider adoption of the 2020 Public Art Master Plan and related amendments to the Zoning Ordinance in Chapter 8.58 (Public Art Program). Propose d changes would allow additional use of Public Art Funds to further promote art in the public domain and foster new opportunities for Public Art. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, waive the reading and adopt the Resolution Adopting the 2020 Public Art Master Plan , and INTRODUCE an Ordinance Approving Amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance related to additional use of Public Art Funds. FINANCIAL IMPACT There is no financial impact directly associated with adopting the Public Art Master Plan and amending the Public Art Ordinance. The Public Art Fund, established to account for the collection and use of developer fees on public art, currently has a balance of $4.5 million, with eight projects currently in various stages of completion, encumbering approximately $1.1 million. DESCRIPTION: BACKGROUND Public Art Master Plan In 2006, the City Council adopted the first Public Art Master Plan, and created the City’s Public Art Fund to account for the collection and use of developer fees on public art. Ten pieces of City-owned Public Art have been commissioned under the 2006 guidelines, with more being commissioned on private property (new developments). Page 2 of 3 In February of 2019, GreenPlay LLC, a nationally recognized parks and recreation management consulting firm, was contracted to review and update the 2006 Public Art Master Plan. The update by GreenPlay began with a comprehensive review of the current Public Art Master Plan and projects that have b een completed under the original guidelines. In April through June of 2019, as part of community outreach for the Master Plan Update, several community and focus group meetings were held to solicit community input. Feedback was also solicited via a community survey, using both random sampling outreach and open-link surveys. In August of 2019, GreenPlay began writing the draft plan update using the results of the outreach efforts. At its September 12, 2019, meeting, the Heritage and Cultural Arts Commission received a presentation from GreenPlay and reviewed the draft 2020 Public Art Master Plan, which includes a revised vision and goals, a list of new opportunities for Public Art, recommendations for significant changes, and an appendix to the plan that includes guidelines to streamline processes. Recommended strategies and opportunities that are incorporated in the 2020 Public Art Master Plan include: • Focused effort on art in the Downtown • Allowance of additional use of public art funds • Partnerships with non-profit organizations • Historic Camps Parks sign relocation and restoration project • Arts grant program A full version, in draft format, of the 2020 Public Art Master Plan is included as Attachment 2. The 2006 Public Art Master Plan is also included for reference as Attachment 6. On February 4, 2020, the City Council reviewed the draft 2020 Public Art Master Plan and was in full support of the update. Implementing the recommended strategies and opportunities identified in the Plan requires an amendment to Zoning Ordinance (Title 8 of the Dublin Municipal Code) to expand the allowable uses of Public Art Funds, as discussed in the following section. Public Art Ordinance The Public Art Ordinance (Dublin Municipal Code Chapter 8.58) was adop ted in 2006 at the same time as the 2006 Public Art Master Plan to establish guidelines for the implementation of the plan. The Ordinance currently limits the use of the Public Art Fund to tangible art pieces, art maintenance, and administration of the program. As the City reaches full build out, tangible public art will likely not be as prevalent. As such, the proposed 2020 Public Art Master Plan identifies the need to look for more non-traditional art and art-related activities, such as promotional tools (maps and interactive signage) and art grants, that could be incorporated into the City’s Public Art Program and funded by the Public Art Fund. To fully implement the draft Plan with those Page 3 of 3 new focus areas, modifications to Chapter 8.58 (Public Art Program) of the Zoning Ordinance are required to allow for the additional uses of the Public Art Fund. The proposed Zoning Ordinance with amendments (Attachment 3) and a copy in redline and strikethrough format (Attachment 4) are attached to this Staff Report. By expanding the allowable use of the Public Art Fund, the City would have the ability to sustain its Public Art Program, which inspires civic pride among residents and strengthens the City’s regional identity. CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, & ZONING ORDINANCE: The proposed amendments to the Zoning Ordinance would be consistent with the Dublin General Plan in that they would implement recommended strategies and opportunities in the Public Art Master Plan, referenced in the Community Design and Sustainability Element. Furthermore, the proposed amendments would provide flexibility in how Public Art Funds are spent to ensure a vibrant Public Art Program through art education and other resources to promote art in the public realm. PLANNING COMMISSION REVIEW: On April 28, 2020, the Planning Commission held a public hearing, reviewed the draft ordinance, and by a 5-0 vote, adopted a resolution recommending the City Council approve the proposed Zoning Ordinance Amendments (Attachment 5). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a notice regarding this Public Hearing was published in the East Bay Times and posted at several locations throughout the City. The Staff Report for this public hearing was also available on the City’s website. ENVIRONMENTAL REVIEW: The proposed Zoning Ordinance Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(s) as there is no possibility that the proposed regulations would have a significant effect on the environment. ATTACHMENTS: 1. Resolution Adopting the 2020 Public Art Master Plan 2. Exhibit A to the Resolution - 2020 Public Art Master Plan 3. Ordinance of the City Council Adopting Amendments to the City of Dublin Zoning Ordinance Chapter 8.58 (Public Art Program) 4. Proposed Zoning Ordinance Amendments in Underline and Strikethrough Format 5. Planning Commission Resolution Recommending City Council Approval of Amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance 6. 2006 Public Art Master Plan RESOLUTION NO. XX-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING THE 2020 PUBLIC ART MASTER PLAN WHEREAS, in 1997, the City adopted its first policy regarding public art, which encouraged developers to include artwork in public spaces and provided criteria for the selection of artwork; and WHEREAS, in 2001, the Heritage and Cultural Arts Commission completed its first long-range plan that called for developments of a Public Art Master Plan that identified opportunities for public art, revised the 1997 public art policy to identify funding sources, and outlined an approval process for public art; and WHEREAS, in July 2003, the City engaged Wright and Associates to assist in the development of the Public Art Master Plan for the City of Dublin; and WHEREAS, in March 2006, upon recommendation by the Heritage and Cultural Arts Commission, the City Council adopted the first Public Art Master Plan; and WHEREAS, in 2017, the City initiated updates and revisions to the 2006 Public Art Master Plan that was more than 10 years old; and WHEREAS, in February of 2019, the City contracted with GreenPlay LLC, to review and update the 2006 Public Art Master Plan; and WHEREAS, in April through June of 2019, several community and focus group meetings were held to solicit community input regarding the Public Art Master Plan update; and WHEREAS, the draft 2020 Public Art Master Plan update, recommends additional use s of public art funds; and WHEREAS, the Heritage and Cultural Arts Commission reviewed the draft 2020 Public Art Master Plan update at its meeting on September 12, 2019; and WHEREAS, the City Council reviewed the draft 2020 Public Art Master Plan update at its meeting on February 4, 2020; and WHEREAS, in addition to the adoption of the draft 2020 Public Art Master Plan, revisions to the Zoning Ordinance, that allow for additional use of Public Arts funds, are required; and WHEREAS, the Planning Commission held a public hearing on April 28, 2020 on the proposed amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance and voted 5- 0 to recommend City Council approval of the proposed amendments; and WHEREAS, a Staff Report dated May 19, 2020 was submitted to the City Council recommending approval of the proposed Zoning Ordinance Amendments and adoption of the draft 2020 Public Art Master Plan update. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the 2020 Public Art Master Plan update attached hereto as Exhibit A and incorporated herein by reference. 2 of 2 PASSED, APPROVED AND ADOPTED this 19th day of May 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ___________________________________ City Clerk DRAFTDRAFTCity of Dublin PUBLIC ART MASTER PLAN Updated 2020 Elatus, Heath Satow, 2018 Fallon Sports Park This page intentionally left blank. DRAFT1Table of Contents City of Dublin Public Art Master Plan Table of Contents About the Public Art Master Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Section 1: Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 Section 2: Guiding Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Section 3: Recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Section 4: Opportunities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 DRAFTGail, Katherine Keefer, 1994 Civic Center Lobby This page intentionally left blank. DRAFT3Public Art Master Plan City of Dublin Parks & Community Services Public Art Master Plan City of Dublin ABOUT THE PUBLIC ART MASTER PLAN A Public Art Master Plan serves as a key policy document to guide the City Council, community, and City staff with selection of artwork throughout the City. City of Dublin’s Public Art Program intent is to create a diverse collection of public artworks that promote cultural expression and artistic appreciation – at regional, national and international levels. The City of Dublin hired GreenPlay, LLC, a nationally known parks and recreation management consulting firm to oversee this update of the 2006 Public Arts Master Plan. This update was developed with City of Dublin staff, following community outreach in 2019, that included focus groups, public meetings, and discussions with both the City Council and Heritage and Cultural Arts Commission. This document includes: • A revised Vision and new Goals for the Public Art Program. • A complete list of new Opportunities for Public Art. • Recommendations for more significant changes to the Public Art Program over the next decade to better prepare for the future. • An appendix to the Plan titled Guidelines for City Art Projects and City Art Collection and Guidelines for Art in Private Development Projects to streamline processes and make them easier to understand and follow. This page intentionally left blank. DRAFT5Introduction City of Dublin Parks & Community Services Public Art Master Plan Section 1 INTRODUCTION Executive Summary Dublin drafted its fi rst Public Art Master Plan in 2003 and has successfully worked toward the goals and completed many of the projects outlined in that initial plan. Th e City adopted a Public Art Master Plan in 2006 that included the creation of a Public Art Ordinance and created the Public Art Fund. DRAFTGaia, Ned Smythe, 1990 Dublin Civic Center DRAFT6 City of Dublin Parks & Community Services Public Art Master Plan Introduction Over the past 16 years, many of the accomplishments of the originally identified public art projects have been completed. To date, over 30 pieces of City-owned public art have been installed in notable places, including artwork for the Shannon Community Center, Emerald Glen Recreation and Aquatic Complex, Bray Commons, and Fallon Sports Park. In addition, more than a dozen works have been installed on private property. Dublin’s development of a strong public art program is evident. As the City nears its build out, it is important that future decisions about public art are strategic in nature to meet the overall needs of the community. The Plan presented in this report addresses these future needs. The adoption of the Public Art Master Plan Update will continue the City of Dublin’s commitment to sustaining a healthy public art program by: • Establishing a policy that appropriates a percentage of City of Dublin Capital Improvement Project funds for public art. • Requiring developers, by ordinance, to provide a set-aside for public art enhancement in private development. • Ensuring the preservation and maintenance of the City’s art collection. • Enhancing community participation in the public art process. • Providing a support system for local artists who work in the City’s Public Art Program. • Celebrating Dublin’s history and diversity through a broad range of public art projects. • Enhancing the City’s Downtown by using public art to animate the City’s public spaces. • Promoting the economic vitality of the City by using public art to brand areas of Dublin History Public art adds value to a community. Some are obvious and practical – adding color and visual interest, boosting aesthetic appeal, discouraging vandalism and identifying the unique history or purpose of a place. Others are subtle, but equally beneficial – celebrating diversity, highlighting shared experience, provoking thought, conversation and reflection, or inspiring emotions, like a sense of peace and well-being, excitement, joy, and community pride. Dublin’s public art program first began in the late 1980s, shortly after Dublin’s incorporation, as a partnership between the City of Dublin and the nonprofit Dublin Fine Arts Foundation. The foundation contracted with an art consultant and raised funds to purchase and commission public artwork, which it was then gifted to the City for placement at City facilities. In 1997, the City of Dublin adopted its first Public Art Policy, which encouraged private developers to either include artwork within their developments or contribute to the City’s Public Art Fund. The policy detailed criteria for artwork and artist selection and guidelines for implementation. The original Policy identified the Dublin Fine Arts Foundation to serve in an advisory capacity to the City and developers on public art projects. In 1999, Dublin established a Heritage and Cultural Arts Commission to act in an advisory capacity to City Council on matters pertaining to art, including public art. In 2003, a consultant was hired, and a Public Art Master Plan Task Force was convened. Dublin’s initial Public Art Master Plan adopted in 2006 recommended the establishment of a Public Art Fund and Public Art Ordinance. The Public Art Master Plan also included detailed guidelines for both City and private development projects. These guidelines were carefully crafted based on best practices in the public art industry at the time. DRAFT7Introduction City of Dublin Parks & Community Services Public Art Master Plan Planning Methodology The consultant firm, GreenPlay was selected to review and update the 2006 Public Art Master Plan. As part of the Parks and Recreation Master Plan update community survey, GreenPlay asked about the importance of public art to the community and their support for public art. In addition to the community survey, GreenPlay also asked participants in the focus groups and stakeholder interviews about their support for public art. I am a Dublin resident of 19 years and love the public art here. Thank you for involving citizens in the next phases of public art... Excited to see what pieces are chosen next for the City! “ ” This page intentionally left blank. DRAFT9Guiding Principles City of Dublin Parks & Community Services Public Art Master Plan Section 2 GUIDING PRINCIPLES Vision and Purpose Public Art Vision Th e City of Dublin’s Public Art Collection refl ects the diversity and creativity of our community with a variety of high-quality artwork – both permanent and temporary – located throughout the City. Iconic pieces help create a sense of place and identity. Artwork is carefully selected and sited to surprise and delight visitors to Dublin. Residents are inspired to actively participate in the public art program with ample opportunities to help select the artwork, learn more about the pieces in the collection, watch artists at work and participate in group art projects and events. And There Was Evening And There Was Morning, Tricia George, 2002 Shannon Community Center DRAFT10 City of Dublin Parks & Community Services Public Art Master Plan Guiding PrinciplesDRAFTOasis, Wowhaus, 2013 Campbell Green Public Art Program Purpose Th e 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. Goals Public Art Program Goals 1. Enhance pedestrian- friendly public spaces such as parks, plazas, pathways, parking lots and other places where people travel or gather. 2. Strengthen the unique character of individual neighborhoods, business districts (such as the Downtown) and transit corridors with artwork. 3. Enhance the City’s identity and regional image by actively promoting Dublin’s unique public art collection. 4. 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. 5. Involve artists in the planning of spaces designated for public art. 6. Ensure community participation in artwork development, through outreach opportunities for local artists to create and display work, and education outreach to the community. 7. In new developments, support the design themes, goals and objectives of the development by working with a developer with the installation of public art. 8. 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 regarding public art planning and development. DRAFT11Recommendations City of Dublin Parks & Community Services Public Art Master Plan Section 3 RECOMMENDATIONS Recommended Strategies To further Dublin’s Public Art Program goals and remain a leader in the Tri-Valley, it is recommended that the City consider the following actions: 1. Focus Public Art Acquisition Efforts on Downtown Dublin Th e City continues to realize the vision of the Downtown Dublin Specifi c Plan. To further its eff orts, it is recommended that a signifi cant portion of the City’s in-lieu Public Art Fees ($1.5 million) be set aside for a major public art investment in Downtown Dublin to be spread between permanent work and infrastructure to support temporary installations. Th is investment could fund a variety of sizes and types of art in Downtown Dublin. Survey respondents ranked Downtown Dublin as the number one location they would like to see new public art, with a majority requesting lighted pieces (66%) and artistic benches or seat walls (50%). As Downtown Dublin continues to develop, the City should work with Downtown merchants and non-profi t arts organizations to encourage and support privately funded art, temporary installations and art related events in Downtown Dublin. 2. Allow Additional Uses for Public Art Funds Amend the Public Art Ordinance to allow for funding of art related promotional and outreach materials such as maps, interpretative signage, and online applications. Th is will provide an opportunity to promote past and future investments in public art in Dublin and create interactive tools for visitors and residents to experience the artwork. Survey respondents indicated interest in promoting arts by use of maps (59%) and interpretative signage (48%). Currently, the Ordinance limits the funds for art acquisition, maintenance, and administration. Archway, Billick and Corliss, 1999 (photo courtesy The Independent) DRAFT12 City of Dublin Parks & Community Services Public Art Master Plan Recommendations A yearly budget cap should be implemented to limit expenditures on additional uses of Public Art Funds which includes outreach and promotion of Public Art. Furthermore, the City Council will have full discretion to increase or decrease this annual expenditure to best suit the needs of the Public Art Program. 3. Work with Camp Parks to Develop the Historic Sign Relocation, Restoration and Art Project Amend the Public Art Ordinance to allow for additional expenses related to the relocation, preservation and restoration of significant works by renowned architects. This change will allow the City to partner with Camp Parks’ to preserve, relocate and restore the iconic wooden sign, designed and built around 1943 by renowned American architect Bruce Goff. The work is an outstanding example of early mid-Century architecture and serves as an important piece of history in the community. The iconic Camp Parks sign is subject to the National Historic Preservation Act as it “embodies the distinctive characteristics of a type, period, or method of construction that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinctions. DRAFT13Opportunities City of Dublin Parks & Community Services Public Art Master Plan Section 4 OPPORTUNITIES As the City builds out and Downtown Dublin is transformed with modern, transit-oriented mixed- use developments and walkable retail and restaurant areas, there are many opportunities to incorporate public art throughout the City. Th is section identifi es diff erent types of projects and locations where the City may wish to locate public art in the future. City Projects City projects are developed, funded, and owned by the City of Dublin. Th e valuation of public art projects in the City’s Capital Improvements Plan (CIP) are typically based on 1-2 percent of the construction budget. Additional funds may be added if the percentage does not yield a large enough art budget to accomplish the desired work. Public art associated with CIP projects are ideally planned to be in place at the time the project is completed and open to the public. Th e City currently owns over 30 permanent public art pieces, including large scale permanent outdoor artwork, as well as over 20 temporary utility box murals. City projects that are planned for completion in 2020 include: City Projects at Public Parks and Facilities: • Public Safety Complex Public Art • Veterans Art at Don Biddle Community Park • Butterfl y Knoll Park • Clover Park • Jordan Ranch Neighborhood Park • Sean Diamond Park • Dublin Sports Grounds All-Abilities Playground • Imagine Playground • Dougherty Hills Dog ParkDRAFTHistoric World War II-era Camp Parks sign. DRAFT14 City of Dublin Parks & Community Services Public Art Master Plan Opportunities Partnerships Partnership projects help the City continue to grow public art and take many forms. They are developed in collaboration with nonprofit organizations, community groups, service clubs, or other public agencies. The City’s level of involvement can vary widely, from providing funding or land, to participating as a stakeholder in the artist and art selection process with another agency or assisting with community outreach when other agencies or nonprofit groups are planning art related projects in Dublin. Partnership projects may be funded in part by the City of Dublin, through the Public Art Fund, or they may be funded entirely by an outside source. Upon completion, they may be owned by the City, using a property easement, or by the landowner. Arts Grant Program Partnerships were identified as a way to continue to grow public art in Dublin. To help achieve this goal, Dublin should consider establishing an Arts Grant Program to provide monetary grants to local non profits for specific arts-related activities in Dublin. Many cities, including neighboring Pleasanton and Livermore, have arts grants programs that support their nonprofit arts communities. Pleasanton awarded approximately $44,000 in Fiscal Year 2018-19, for arts in schools, public performances, a cultural festival, equipment and marketing. Awards were made to 11 organizations and ranged in size from $2,000-$6,000. Livermore awarded $28,000 in Fiscal Year 2018-19 for arts in schools, an art walk and an art show. Awards were made to 4 organizations and ranged in size from $3,000-$10,000. Livermore also awards mini grants of up to $1,000 to individuals. Establishing an annual Arts Grants could enable nonprofit arts organizations to produce activities and foster growth of the arts community in Dublin. Private Development Art in Private Development brings it into the neighborhoods and makes art accessible to the community. It continues to be an excellent way to showcase public art. Several developments have installed or are installing public artwork on private property in Dublin. A few upcoming private development projects that are expected to install art are: • Boulevard – Multiple neighborhood residential, park and school along Dublin Boulevard • Wallis Ranch – Gated residential home community of 8 individually distinctive neighborhoods • The Avalon Dublin Station - Picturesque new Avalon community in the heart of Dublin • Zeiss Innovation Center – Corporate campus along Dublin Boulevard • Bayview Development – Residential apartment complex and co-workspace near West Dublin BART station Funding Art in Downtown To complement the future Downtown Streetscape Master Plan and add to the area’s appeal, the City should invest in pedestrian scale art in Downtown Dublin. Examples include temporary and permanent sculptures; kiosks for displaying 2-D artwork; murals on buildings; artist designs embedded or stamped in sidewalks; artist-painted DRAFT15Opportunities City of Dublin Parks & Community Services Public Art Master Plan crosswalks; and artist-designed street furniture such as fl ower beds or poles for hanging fl ower baskets, benches, bike racks or trash cans. While Dublin has done an excellent job providing the public opportunities to enjoy large-scale, permanent outdoor public art, it could work to provide opportunities to view smaller and more temporary works as many other cities have done successfully in their communities. Th e estimated cost for a major iconic art piece is $250,000-$500,000. Th e cost for smaller pieces is $10,000-$100,000. Th e cost for temporary installations is typically $10,000-$40,000. Utility Boxes and Other “Public Space” Murals Th e City of Dublin has been very successful using utility boxes as blank canvas areas for public art. Th ese low-cost, high-visibility Utility Box Art murals have been extremely well received by the public and provide additional opportunities for local artists to display their works. In addition to continuing to paint City-owned traffi c signal boxes, the City may wish to expand the program to other objects that off er a “blank canvas” for public arts such as blank walls and traffi c signal poles. Additionally, the City could expand upon the program to include temporary Art displays. Camp Parks Historic Sign Th e iconic Camp Parks sign has historic importance to Dublin, and artistic signifi cance as well, since the renowned architect rose to prominence after his service at Camp Parks. Th ough the piece belongs to and resides on U.S. Army Reserve property. Parks Reserve Forces Training Area Command staff have informed the City, over the years, that it is diffi cult to obtain funding and expertise to properly preserve and relocate the piece. Estimated cost range from $350,000 to $500,000 depending on the extent of the project and the partnership arrangement with the Parks Reserve Forces Training Area Command. Arts Grant Program Partnerships were identifi ed as a way to continue to grow public art in Dublin. To help achieve this goal, Dublin should consider establishing an Arts Grant Program to provide monetary grants to local non profi ts for specifi c arts-related activities in Dublin. Many cities, including neighboring Pleasanton and Livermore, have arts grants programs that support their nonprofi t arts communities. Pleasanton awarded approximately $44,000 in Fiscal Year 2018-19, for arts in schools, public performances, a cultural festival, equipment and marketing. Awards were made to 11 organizations and ranged in size from $2,000-$6,000. Livermore awarded $28,000 in Fiscal Year 2018-19 for arts in schools, an art Shamrock Skies, Suzanne Gayle, 2019 Dublin Boulevard and Park Place DRAFT16 City of Dublin Parks & Community Services Public Art Master Plan Opportunities walk and an art show. Awards were made to four organizations and ranged in size from $3,000-$10,000. Livermore also awards mini grants of up to $1,000 to individuals. Establishing an Arts Grants Program of $20,000-$40,000 annually, could enable nonprofit arts organizations to produce activities and foster growth of the arts community in Dublin. Conclusion Statement The City of Dublin Public Art Master Plan serves as a key policy document to guide the City Council, Community, and City staff with selection of artwork throughout the City. Through implementation of the existing Public Art Master Plan, the City has curated a diverse collection of public artworks that promote cultural expression and artistic appreciation – at regional, national and international levels. The 2020 update to the Public Art Master Plan was developed in coordination with GreenPlay, LLC and City staff. The process included a community survey, focus group meetings, public outreach meetings, and finally, recommendation by the Heritage and Cultural Arts Commission and approval by City Council. To summarize, the 2020 update includes: • A revised Vision and new Goals for the Public Art Program. • A complete list of new Opportunities for Public Art. • Recommendations for more significant changes to the Public Art Program over the next decade to better prepare for the future. The adoption of the Public Art Master Plan update demonstrates the City of Dublin’s commitment to sustaining a significant public art program that celebrates Dublin’s history, enhances public spaces, and promotes economic vitality. This page intentionally left blank. DRAFTSirius, Peter Voulkos, 1990 Shannon Park 1 of 6 ORDINANCE NO. XX-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************* ADOPTING AMENDMENTS TO THE CITY OF DUBLIN ZONING ORDINANCE CHAPTER 8.58 (PUBLIC ART PROGRAM) Section 1. Findings WHEREAS, the City-initiated amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance are proposed to allow for additional uses of Public Art Funds to sustain the City’s Public Art Program, inspire civic pride, and strengthen the City’s regional identity ; and WHEREAS, the Public Art Program (Zoning Ordinance Chapter 8.58) was originally adopted in 2006 at the same time the City adopted its first Public Art Master Plan; and WHEREAS, in February of 2019, the City contracted with GreenPlay LLC, to review and update the 2006 Public Art Master Plan; and WHEREAS, in April through June of 2019, several community and focus group meetings were held to solicit community input regarding the Master Plan update; and WHEREAS, the draft 2020 Public Art Master Plan update recommends additional use of the Public Art Funds; and WHEREAS, the Heritage and Cultural Arts Commission reviewed the draft 2020 Public Art Master Plan update at their meeting on September 12, 2019; and WHEREAS, the City Council reviewed the draft 2020 Public Art Master Plan update at their meeting on February 4, 2020; and WHEREAS, the Planning Commission held a duly noticed public hearing on the said matter on April 28, 2020, during which all interested person(s) were heard, and the Planning Commission adopted Resolution 20-08 recommending the City Council adopt the proposed Zoning Ordinance Amendments and; WHEREAS, a Staff Report was submitted to the City Council recommending approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the City Council held a public hearing on the proposed Zoning Ordinance Amendments on May 19, 2020, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony herein above set forth and used its independent judgment to evaluate the proposal . NOW, THEREFORE, the City Council of the City of Dublin does hereby ordain as follows: 2 of 6 Section 2. Amendments to Chapter 8.58. are hereby added to the Dublin Zoning Ordinance to read as follows: CHAPTER 8.58 PUBLIC ART PROGRAM CONTRIBUTION 8.58.010 Intent. The purpose of this Chapter is to: A. Promote the public interest and general welfare through the acquisition, installation, maintenance and promotion, of public art. B. Establish requirements and procedures for developer contributions to public art. C. Provide funding to support the acquisition, installation, maintenance and promotion of public art. D. Implement the goals of the Public Art Master Plan, as adopted by the City Council. 8.58.020 Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, the following definitions shall apply: A. “Art” or “public art” or “public art project” means an original creation of art that is designed by a professional visual artist or artists. Art includes, but is not limited to, sculpture, murals or portable paintings, earthworks, fiber-works, mosaics, photographs, prints, any combination of forms of media, furnishings or fixtures, and temporary artworks or installations. B. “Building valuation” means the value of the building or other construction project based on the Building Official’s estimate of the development project valuation, as set forth in Section 7.28.430.E of the Dublin Municipal Code. C. “Promotion” means the task of spreading knowledge and awareness of Public Art within the community. Promotion could include, but not limited to, flyers, brochures, websites, maps, and other promotional medium s. 8.58.030 Development Projects Subject to Public Art Contribution. The requirements of this Chapter shall apply to the following: A. All new non-residential development; B. All new residential development projects in excess of 20 residential units; C. Nothing contained in this Chapter shall prevent the City Council from imposing requirements for inclusion of public art in particular projects not subject to the requirements of this Chapter, pursuant to conditions imposed upon a particular discretionary approval, where it is determined that facts particular to the proposed development warrant such imposition. 3 of 6 8.58.040 Development Projects Not Subject to Public Art Contribution. The requirements of this Chapter shall not apply to the following: A. Residential development projects consisting of 20 units or less; B. Tenant improvement projects; C. Building additions; D. Remodeling, repair or reconstruction of an existing structure; E. 100% low-income housing projects; F. Day Care Centers; G. Nonprofit agencies and institutions that exclusively provide social services only to the general public, upon approval of the City Council; H. Condominium conversion projects. 8.58.050 Public Art Contribution Requirements. The developer of any development project subject to this Chapter shall provide an on-site public art project as provided in subsection A of this Section or, alternatively, and, at the option of the developer, make a monetary contribution to the City in-lieu thereof as provided in subsections B, C or D of this Section. A. On-Site Public Art Requirement. The developer shall acquire and install a public art project on or in the vicinity of the development site, in acco rdance with Section 8.58.070. The value of the public art project shall equal or exceed five -tenths percent (0.5%) of the development project’s building valuation (exclusive of land). Any such public art project shall be subject to the approval of the City Council, after receiving a recommendation of the Heritage and Cultural Arts Commission. B. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings More Than 50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A, the developer of a non-residential development project of more than 50,000 square feet may make a monetary contribution to the City equal to five - tenths percent (0.5%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. C. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings Less Than 50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A., the developer of a non-residential development project of less than 50,000 square feet may make a monetary contribution to the City equal to forty- five one-hundredths percent (0.45%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing 4 of 6 the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. D. Monetary Contribution In-Lieu of Public Art; Residential Projects with More Than 20 Units. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A, the developer of a residential development project of more than 20 units may make a monetary contribution to the City equal to five -tenths percent (0.5%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in -lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. 8.58.060 Accounting of Funds Collected. A. Use of the Funds Collected. 1. The funds collected pursuant to Section 8.58.050 shall be used for the acquisition, installation, improvements, including site preparation, lighting, landscaping, promotion, and education of public art in order to further the intent of this Chapter, and to administer the Public Art Master Plan. Funds may also be granted to partner agencies to be used to further meet the goals of the Public Art Master Plan and enhance art in the public domain. 2. The City Manager shall include in the Budget and/or the Five -Year Capital Improvement Program the proposed use of funds collected pursuant to Section 8.58.050. The Heritage and Cultural Arts Commission shall make recommendations to the City Council regarding the proposed use of the funds collected pursuant to Section 8.58.050. The City Council shall have the sole authority to appropriate for expenditure the use of such funds. C. Records and Accounting. The City Manager or his or her designee shall establish accounting records sufficient to identify and control the funds collected pursuant to Section 8.58.050. D. Project Administrative Costs. No more than 25 percent of the funds collected pursuant to Section 8.58.050 for each public art project shall be used to pay administrative costs, including the processing of the public art applications, reviewing and approving public art sites and art works, monitoring, compliance, and any other administrative task. E. Program Administrative Costs. Of the administrative costs set forth in Section 8.58.060.D., up to 2 percent may be used to pay program administrative costs, including costs associated with collecting in-lieu fees, recordkeeping, reporting, and general administration of the public art program. 8.58.070 General Procedures for Implementing Public Art Program 5 of 6 A. Site Development Review. The decision maker on any site development review approving a development project subject to this Chapter shall find that the project as proposed complies with the provisions of this Chapter. B. Public Art Program Submittal. In conjunction with site development review of any project subject to this Chapter, the applicant shall submit a Public Art Compliance Report to the Community Development Director. The Public Art Compliance Report shall specify: 1. Whether the applicant has elected to satisfy its public art contribution obligation through a public art contribution or through the payment of a fee in lieu thereof; and 2. If the applicant elects to install public art on site pursuant to subsection 8.58.050.A: a. the total building valuation of the project, provided by the Building Official, and the calculation of the value of the applicant’s required public art project; and b. the location of the public art project site. 3. If the applicant elects to contribute funds in-lieu of public art pursuant to subsection 8.58.050.B, 8.58.050.C., or 8.58.050.D: the location of the site reserved for public art. C. Timing of Public Art In-Lieu Contribution. If the applicant elects to make the public art in-lieu contribution pursuant to subsection 8.58.050.B., 8.58.050.C., or 8.58.050.D, the total building valuation of the project, provided by the Building Official, and the calculation of the value of applicant’s required in-lieu contribution shall be determined at building permit issuance. Developer shall make the public art in-lieu contribution payment prior to issuance of the first building permit in the project. D. Additional Requirements for On-Site Public Art. Prior to occupancy of the first structure in the project, the developer shall (a) secure completion of the public art project, in a manner deemed satisfactory by the City Manager; and (b) execute an agreement between the City and the developer, prior to occupancy of the first structure in the project, which sets forth the ownership, maintenance re sponsibilities, and insurance coverage for the public art project. 8.58.080 Guidelines for Implementation. The City Council, by resolution, shall adopt administrative guidelines for implementation of this Chapter. 8.58.090. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in Chapter 8.136. Section 3: Amendment of Section 8.104.070. Section 8.104.070 of the Dublin Zoning Ordinance related to Site Development Review is hereby amended to add the following finding: “K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program Contribution.” 6 of 6 Section 4: Compliance with California Environmental Quality Act (“CEQA”). The City Council declares that this Ordinance is exempt from CEQA based on the following findings: This ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. This Ordinance does not, in itself, allow the construction of any building or structure. This Ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Section 5: Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Section 6: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this 19th day of May, 2020. AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk Page 1 of 5 CHAPTER 8.58 PUBLIC ART PROGRAM CONTRIBUTION 8.58.010 Intent. The purpose of this Chapter is to: A. Promote the public interest and general welfare through the acquisition, and installation, maintenance and promotion, of public art works. B. Establish requirements and procedures for developer contributions to public art. C. Provide funding to support the acquisition, and installation, maintenance and ofpromotion of public art... D. Implement the goals of the Public Art Master Plan, as adopted by the City Council. 8.58.020 Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, the following definitions shall apply: A. “Art” or “public art” or “public art project” means an original creation of art that is designed by a professional visual artist or artists. Art includes, but is not limited to, sculpture, murals or portable paintings, earthworks, fiber-works, mosaics, photographs, prints, any combination of forms of media, furnishings or fixtures, and temporary artworks or installations. B. “Building valuation” means the value of the building or other construction project based on the Building Official’s estimate of the development project valuation, as set forth in Section 7.28.430.E of the Dublin Municipal Code. C. “Promotion” means the task of spreading knowledge and awareness of Public Art within the community. Promotion could include, but not limited to, flyers, brochures, websites, maps, and other promotional mediums. 8.58.030 Development Projects Subject to Public Art Contribution. The requirements of this Chapter shall apply to the following: A. All new non-residential development; B. All new residential development projects in excess of 20 residential units; C. Nothing contained in this Chapter shall prevent the City Council from imposing requirements for inclusion of public art in particular projects not subject to the requirements of this Chapter, pursuant to conditions imposed upon a particular discretionary approval, where it is determined that facts particular to the proposed development warrant such imposition. 8.58.040 Development Projects Not Subject to Public Art Contribution. The requirements of this Chapter shall not apply to the following: A. Residential development projects consisting of 20 units or less; Page 2 of 5 B. Tenant improvement projects; C. Building additions; D. Remodeling, repair or reconstruction of an existing structure; E. 100% low-income housing projects; F. Day Care Centers; G. Nonprofit agencies and institutions that exclusively provide social services only to the general public, upon approval of the City Council; H. Condominium conversion projects. 8.58.050 Public Art Contribution Requirements. The developer of any development project subject to this Chapter shall provide an on-site public art project as provided in subsection A of this Section or, alternatively, and, at the option of the developer, make a monetary contribution to the City in-lieu thereof as provided in subsections B, C or D of this Section. A. On-Site Public Art Requirement. The developer shall acquire and install a public art project on or in the vicinity of the development site, in accordance with Section 8.58.070. The value of the public art project shall equal or exceed five-tenths percent (0.5%) of the development project’s building valuation (exclusive of land). Any such public art project shall be subject to the approval of the City Council, after receiving a recommendation of the Heritage and Cultural Arts Commission. B. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings More Than 50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A, the developer of a non-residential development project of more than 50,000 square feet may make a monetary contribution to the City equal to five-tenths percent (0.5%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. C. Monetary Contribution In-Lieu of Public Art; Non-Residential Buildings Less Than 50,000 Square Feet. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A., the developer of a non-residential development project of less than 50,000 square feet may make a monetary contribution to the City equal to forty-five one- hundredths percent (0.45%) of the development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. D. Monetary Contribution In-Lieu of Public Art; Residential Projects with More Than 20 Units. In lieu of acquiring and installing a public art project pursuant to Section 8.58.050.A, the developer of a residential development project of more than 20 units may make a monetary contribution to the City equal to five-tenths percent (0.5%) of the Page 3 of 5 development project’s building valuation (exclusive of land), in accordance with Section 8.58.070. Any developer choosing the public art in-lieu contribution shall reserve a site and provide a public art easement and an access easement for the site within the development project, if the City deems such site necessary. 8.58.060 Accounting of Funds Collected. A. Purpose Use of the Funds Collected. 1. The funds collected pursuant to Section 8.58.050 shall be used for the acquisition, installation, improvements, including site preparation, lighting, and landscaping, promotion, and education of public art in order to further the intent of this Chapter, and to administer the Public Art Master Plan. Funds may also be granted to partner agencies to be used to further meet the goals of the Public Art Master Plan and enhance art in the public domain. 1.2.B. Use of the Funds Collected. The City Manager shall include in the Budget and/or the Five Year Capital Improvement Program the proposed use of funds collected pursuant to Section 8.58.050. The Heritage and Cultural Arts Commission shall make recommendations to the City Council regarding the proposed use of the funds collected pursuant to Section 8.58.050. The City Council shall have the sole authority to appropriate for expenditure the use of such funds. C. Records and Accounting. The City Manager or his or her designee shall establish accounting records sufficient to identify and control the funds collected pursuant to Section 8.58.050. D. Project Administrative Costs. No more than 25 percent of the funds collected pursuant to Section 8.58.050 for each public art project shall be used to pay administrative costs, including the processing of the public art applications, reviewing and approving public art sites and art works, monitoring, compliance, and any other administrative task. E. Program Administrative Costs. Of the administrative costs set forth in Section 8.58.060.D., up to 2 percent may be used to pay program administrative costs, including costs associated with collecting in-lieu fees, recordkeeping, reporting, and general administration of the public art program. 8.58.070 General Procedures for Implementing Public Art Program A. Site Development Review. The decision maker on any site development review approving a development project subject to this Chapter shall find that the project as proposed complies with the provisions of this Chapter. B. Public Art Program Submittal. In conjunction with site development review of any project subject to this Chapter, the applicant shall submit a Public Art Compliance Report to the Community Development Director. The Public Art Compliance Report shall specify: Page 4 of 5 1. Whether the applicant has elected to satisfy its public art contribution obligation through a public art contribution or through the payment of a fee in lieu thereof; and 2. If the applicant elects to install public art on site pursuant to subsection 8.58.050.A: a. the total building valuation of the project, provided by the Building Official, and the calculation of the value of the applicant’s required public art project; and b. the location of the public art project site. 3. If the applicant elects to contribute funds in-lieu of public art pursuant to subsection 8.58.050.B, 8.58.050.C., or 8.58.050.D: the location of the site reserved for public art. C. Timing of Public Art In-Lieu Contribution. If the applicant elects to make the public art in- lieu contribution pursuant to subsection 8.58.050.B., 8.58.050.C., or 8.58.050.D, the total building valuation of the project, provided by the Building Official, and the calculation of the value of applicant’s required in-lieu contribution shall be determined at building permit issuance. Developer shall make the public art in-lieu contribution payment prior to issuance of the first building permit in the project. D. Additional Requirements for On-Site Public Art. Prior to occupancy of the first structure in the project, the developer shall (a) secure completion of the public art project, in a manner deemed satisfactory by the City Manager; and (b) execute an agreement between the City and the developer, prior to occupancy of the first structure in the project, which sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art project. 8.58.080 Guidelines for Implementation. The City Council, by resolution, shall adopt administrative guidelines for implementation of this Chapter. 8.58.090. Appeals. Decisions of the City Manager under this Chapter may be appealed as provided in Chapter 8.136. Section 3: Amendment of Section 8.104.070. Section 8.104.070 of the Dublin Zoning Ordinance related to Site Development Review is hereby amended to add the following finding: “K. Approval of this application complies with Chapter 8.58 relating to the Public Art Program Contribution.” Section 4: Compliance with California Environmental Quality Act (“CEQA”). The City Council declares that this Ordinance is exempt from CEQA based on the following findings: This ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately. This Ordinance does not, in itself, allow the construction of any building or structure. This Ordinance, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Section 5: Effective Date. This Ordinance shall take effect and be enforced thirty (30) days following its adoption. Page 5 of 5 Section 6: Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. RESOLUTION NO. 20-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO THE ZONING ORDINANCE CHAPTER 8.58 (PUBLIC ART PROGRAM) WHEREAS, the City-initiated amendments to Chapter 8.58 (Public Art Program) of the Zoning Ordinance are proposed to allow for additional uses of Public Art Funds to sustain the City’s Public Art Program, inspire civic pride, and strengthen the City’s regional identity ; and WHEREAS, the Public Art Program (Zoning Ordinance Chapter 8.58) was originally adopted in 2006 at the same time the City adopted its first Public Art Master Plan and the Public Art Fund for in-lieu fees; and WHEREAS, in February of 2019, the contracted with GreenPlay LLC, to assist Staff review and update the 2006 Public Art Master Plan; and WHEREAS, the Draft Public Art Master Plan, recommends additional use of public art funds; and WHEREAS, in April through June of 2019, several community and focus group meetings were held to solicit community input regarding the Master Plan Update; and WHEREAS, the Heritage and Cultural Arts Commission received reviewed the draft Public Art Master Plan Update at their meeting on September 12, 2019; and WHEREAS, the City Council reviewed the draft Public Art Master Plan Update on February 4, 2020; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Planning Commission recommends that the City Council find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ord inance) will not have a significant effect on the environment ; and WHEREAS, the Planning Commission held a public hearing on the said application on April 28, 2020; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report dated April 28, 2020 was submitted to the Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments ; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. 2 of 2 BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt the Ordinance attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 28th day of April 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ___________________________________ Assistant Community Development Director 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 currently 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. 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. “GAIA” by Ned Smyth (1990) City of Dublin March 2006 Public Art Master Plan Page 1 of 25 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 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 of the City of Dublin. Program 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 Rising Blue” by Yoshio Taylor (2003) City of Dublin March 2006 Public Art Master Plan Page 2 of 25 PUBLIC ART PROGRAM - OVERVIEW Public Art Vision The City of Dublin celebrates humanity and promotes a healthy civic society through 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 of the community. Public Art Program 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 Program Goals 1) Establish and enhance pedestrian friendly public spaces such as parks, plazas, pathways, public restrooms, parking lots and other places where people travel or gather. City of Dublin March 2006 2) Strengthen the unique character of individual neighborhoods, business districts and transit corridors with artwork that relates to the site’s purpose, history and natural environment. 3) Provide numerous opportunities 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) Public Art Master Plan Page 3 of 25 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, Community 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. Existing Public Art – City Projects 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 Anniversary Quilt” 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) Dublin Library “Know Way” 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: “Archway” 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 I-680 at Dublin Boulevard and I-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 March 2006 Public Art Master Plan Page 4 of 25 Existing 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 Yoshio Taylor (2003) Existing Public Art - School Projects In 1994, the Dublin Unified School District and the Dublin Fine Arts Foundation formed a partnership to create permanent art projects in each of Dublin's schools involving a collaboration between professional artists and the students, using Measure "B" monies. The goal of the project 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. Murray Elementary School: "A Cultural Voyage" a courtyard mural created by 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 may not remember. Involve me and I will understand" and “Equations” a tile wall pattern created by students in collaboration with artist Johanna Poethig (1997). Nielsen Elementary School: "We Make the World" an entry-way mural created by 200 students in collaboration with artists Gary Carlos and Jennifer Trammel (1998). Dublin Elementary School: “Soaring to New Heights” a mural created by students from kindergarten through 6th grade in collaboration with artist Argunnur Yr Gylfadottir (1999). Public Art Opportunities – City 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 Parks City of Dublin March 2006 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 such time that occupancy of the surrounding Public Art Master Plan Page 5 of 25 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 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 unrestrained 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 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: 1) Establish and enhance pedestrian friendly public spaces where people travel or gather. City of Dublin March 2006 Public Art Master Plan Page 6 of 25 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 unique 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 opportunities 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 March 2006 Public Art Master Plan Page 7 of 25 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 Cultural Arts 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; • 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 private 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 March 2006 Public Art Master Plan Page 8 of 25 • 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 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; • Designate 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 design drawings and specifications, as-built drawings, structural drawings, mechanical drawings, electrical drawings, materials to support public outreach efforts, etc.). City of Dublin March 2006 Public Art Master Plan Page 9 of 25 “Cutouts” by Mark Evans and Charlie Brown (2003) City of Dublin March 2006 Public Art Master Plan Page 10 of 25 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 project orientation meetings and touring project sites, when possible; • 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 of the 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 March 2006 Public Art Master Plan Page 11 of 25 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-qualified 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 • Qualifications: Artists shall be selected based on their qualifications as demonstrated by past work and the appropriateness of their concepts to the particular project. • Quality: 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. • Style: 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 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. • Community Values: While free artistic expression shall be encouraged, consideration must be given to the appropriateness of artworks in the context of local community and social values. • Public Liability: Safety conditions or factors that may bear on public liability must be considered in selecting an artist or artwork. • Diversity: 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. City of Dublin March 2006 Public Art Master Plan Page 12 of 25 “Dust in the Universe” by John King (2000) City of Dublin March 2006 Public Art Master Plan Page 13 of 25 Eligible 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. Ineligible Artworks • “Art objects” which are mass produced or of standard manufacture, such as playground equipment, fountains or 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 March 2006 Public Art Master Plan Page 14 of 25 • 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. City of Dublin March 2006 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 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 of the work; • Significant adverse public reaction has continued unabated over an extended period of time (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; Public Art Master Plan Page 15 of 25 • 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 should be courteously declined. 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 gap in the City’s public art collection. Artworks that are on indefinite loan shall have an expiration or renewal 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 Through the Ages” by Rowland Cheney (1990) City of Dublin March 2006 Public Art Master Plan Page 16 of 25 Donation proposals shall be accompanied by the following information: • Slides, photos or a model of the proposed work; • Biography of the 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. “Sisyphus” by Roger Berry (1989) City of Dublin March 2006 Public Art Master Plan Page 17 of 25 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. Requirements 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 of land) per development project, to finance an art project or 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 the1/2% 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. 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. 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 the1/2% 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: City of Dublin March 2006 Public Art Master Plan Page 18 of 25 1) Any current or future tenant improvement projects; 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. 5) Any current or future condominium conversions. 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 artist(s) 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 artist(s) 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. Eligible 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-Eligible 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 March 2006 Public Art Master Plan Page 19 of 25 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 11). Process Steps 1) 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 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 Project 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 March 2006 Public Art Master Plan Page 20 of 25 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. Policy 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 installed on City property and will become the property of the City of Dublin once installed. Artist Rights 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. Policy 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 March 2006 Public Art Master Plan Page 21 of 25 • 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. City of Dublin March 2006 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. Policy It is the policy of the City to encourage free expression by artists participating in the Public 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. Policy 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. Public Art Master Plan Page 22 of 25 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. Policy Members 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 • 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. Policy 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. “Iron Horse Trail” by Vicki Jo Sowell (2002) City of Dublin March 2006 Public Art Master Plan Page 23 of 25 PUBLIC ART PROGRAM – IMPLEMENTATION City of Dublin March 2006 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. Funding 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 1%-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) 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%) 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. “Historic Crossroads” by Daniel Galvez, John Pugh, and John Wehrle (2004) Public Art Master Plan Page 24 of 25 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. City of Dublin March 2006 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 private development site from which the funds were received, if the City so chooses, and to administer the Public Art Program. “Dreams of Longing After Nothing” by Bryan Tedrick (2004) Public Art Master Plan Page 25 of 25