HomeMy WebLinkAboutItem 4.04 Wallis Ranch Public Art Installation
STAFF REPORT CITY CLERK
File #600-30
CITY COUNCIL
DATE:May 3, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Public Art Installation and Maintenance Agreement with Development Solutions
WR, LLC (Wallis Ranch)
Prepared by Tegan McLane, Cultural Arts and Heritage Manager
EXECUTIVE SUMMARY:
The City Council will consider the approval of a Public Art Installation and Maintenance
Agreement with Development Solutions WR, LLC as required by the City of Dublin’s Public Art
Ordinance. The Agreement outlines the Developer’s responsibilities to maintain the artwork in a
safe and attractive manner and allows for the Developer to post a bond in relation to the
installation of a sculpture piece slated for the future community park within Wallis Ranch.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Resolution
Staff recommends that the City Council adopt the Approving a Public Art Installation
and Maintenance Agreement with Development Solutions WR, LLC, for public art installed
within its Wallis Ranch development.
Reviewed By
Assistant City Manager
DESCRIPTION:
Under the City of Dublin’s Public Art Ordinance (Ordinance No. 14-06, 8.58.070-D), a Developer
is required to “execute an agreement between the City and the developer, prior to first
occupancy of the first structure in the project, which sets forth the ownership, maintenance
responsibilities, and insurance coverage for the public art project.”
On October 12, 2015, City Council approved the proposed public art for the Wallis Ranch
housing development. Accordingly, a Public Art Maintenance Agreement between the City of
Dublin and the property owner and manager, Development Solutions WR, LLC (“Developer”)
ITEM NO. 4.4
Page 1 of 2
has been drafted (Attachment 1), spelling out the Developer’s responsibility as the owner of the
artwork to maintain for the public’s enjoyment and safety.
Under the agreement, the Developer will install three of the four proposed public artworks prior
to first occupancy of the first home in the development. Fabrication is complete on the City
Council-approved gates, benches and artistic screens designed by Berkeley artist Eric Powell.
Those elements will be installed in the coming weeks.
The fourth and largest public art element, a sculpture titled “The Globe,” was approved by the
City Council in October 2015 and was anticipated to be installed at the Developer’s expense in
the adjacent community park at Wallis Ranch. However, seismic engineering challenges and an
art location change have prompted the artist to request additional time to design a replacement
sculpture that is more site-specific to the Wallis Ranch Community Park area and easier to
engineer.
This Public Art Maintenance Agreement acknowledges that any new artwork and new location
will need to be reviewed by the Heritage and Cultural Arts Commission and approved by the
City Council. In light of the design delay beyond the Developer’s control, the Agreement will
allow the Developer to obtain occupancy permits prior to full art installation, but will require the
Developer to post a bond with the City for the value of the public artwork yet to be installed.
Upon approval, fabrication and installation of the final sculpture, the bond will be returned to the
Developer.
Collecting a temporary bond until satisfactory installation of required public art is a common
solution used by cities with public art ordinances to avoid delaying an entire project solely
because a public art requirement is not complete. Other cities that allow developers to bond for
uncompleted public art include Walnut Creek, Palo Alto and Sunnyvale.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Resolution Approving Public Art Installation and Maintenance
Agreement with Development Solutions WR, LLC
2. Exhibit A to the Resolution - Public Art Installation and Maintenance
Agreement
Page 2 of 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING A PUBLIC ART INSTALLATION AND MAINTENANCE AGREEMENT
WITH DEVELOPMENT SOLUTIONS WR, LLC,
FOR PUBLIC ART AT THE WALLIS RANCH DEVELOPMENT
WHEREAS,
Development Solutions WR, LLC, is the successor-in-interest to Trumark
Homes LLC (“Developer”); and
WHEREAS,
Developer is required under Dublin’s Public Art Ordinance to install Council-
approved public art with its Wallis Ranch residential development and enter into a Public Art
Maintenance Agreement with the City of Dublin prior to issuance of the first occupancy permit;
and
WHEREAS,
the City Council has approved Developer’s proposed public artwork by
artist Eric Powell; and
WHEREAS,
the Developer has entered into a contract with artist Eric Powell to complete
the approved artwork; and
WHEREAS,
artist Eric Powell has completed fabrication of a substantial portion of the
approved art; and
WHEREAS,
Developer is prepared to install the completed artwork as required; and
WHEREAS,
one uncompleted piece of art remains, which will need to be redesigned and
resubmitted to the City for City Council approval; and
WHEREAS,
Developer is prepared to post a bond until the one remaining piece of art
can be approved by City Council and installed.
NOW, THEREFORE, BE IT RESOLVED
that the City Council of the City of Dublin does
attached hereto
approve the Agreement with Development Solutions WR, LLC, as Exhibit A
.
and authorizes the City Manager to execute the Agreement
rd
PASSED, APPROVED AND ADOPTED
this 3 day of May, 2016.
AYES:
NOES:
ABSENT:
- 1 -ATTACHMENT 1
________________________________________
Mayor
ATTEST:
_______________________________________
City Clerk
- 2 -ATTACHMENT 1