HomeMy WebLinkAboutItem 5.1 - 1141 Public Art Policy Refresher
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STAFF REPORT
CITY COUNCIL
DATE: September 6, 2016
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Public Art Policy Overview - Ordinance and Master Plan
Prepared by: Tegan McLane, Cultural Arts & Heritage Manager
EXECUTIVE SUMMARY:
At the June 7 City Council Meeting, the City Council requested an overview on the City's
Public Art policies, including the adopting Ordinance and approved Master Plan. Staff
will make a presentation and be available to answer additional questions.
STAFF RECOMMENDATION:
Staff recommends that the City Council receive the report.
FINANCIAL IMPACT:
None.
DESCRIPTION:
The City of Dublin's Public Art Policy is dictated by the Public Art Ordinance
(Attachment 1) and the Public Art Master Plan (Attachment 2).
Public Art Ordinance
Dublin's public art ordinance, adopted in 2006, recognizes that public art is a valuable
part of the community -- not only from a aesthetic standpoint, but also as a mechanism
for inspiring civic pride; strengthening a sense of place; bolstering property values;
promoting cultural diversity; and improving quality of life.
The ordinance requires developers whose property meets certain requirement to
contribute to public art in the community, either by installing art on their own property for
the public's enjoyment or paying an in -lieu fee to the Public Art Fund, which is pooled
and used by the City to install and maintain art in parks and other civic spaces.
Developers in Dublin must provide art or in-lieu fees equivalent to 0.5 percent (a half
percent) of their total construction value. Certain types of developments are exempt
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from public art requirements.
Those who choose to install art follow a defined process for selecting artwork wi th input
from the public. Developer artwork is reviewed by the Heritage and Cultural Arts
Commission to ensure it meets the City's Public Art Master Plan requirements and is
approved by City Council. City Staff inspects the artwork after installation to en sure the
developer has met its public art obligation.
The City of Dublin-owned public art collection currently consists of 30 pieces, located
mostly in public parks and buildings throughout the City done a variety of media and
valued at an estimated $3.2 million. This does not include the public art projects
installed by developers under Dublin’s Public Art Ordinance. In addition to the collection,
as a result of its in-lieu option for developers, the Public Art Fund's balance currently
stands at $3,415,151.93, with $1.7 million in public art capital improvement projects
planned.
Dublin's Public Art Ordinance is very similar to ordinances in other cities throughout the
state of California.
Public Art Master Plan
Dublin's Public Art Master Plan, also adopted in 2006, outlines goals of the public art
program; details the existing collection and opportunities that existed at the time for new
public art in City capital improvement projects and impending private developments.
The Master Plan identifies the roles and responsibilities of the City Council, Heritage
and Cultural Arts Commission and City Staff. It specifies how the artists will be selected,
what types of artwork are eligible and how gifts and loans are to be accepted.
The Master Plan also outlines how the Public Art Ordinance requirements will be
implemented, what types of art are allowable and what expenses are eligible to count
toward the required half-percent.
It affirms that the City will cooperate with nonprofit organizations interested in i nstalling
artwork; that the City will be respectful of artists' rights; balance artistic freedom with
community input; guard against conflicts of interest and non -discrimination.
Dublin's Public Art Master Plan is similar to many other cities' art plans a nd was based
on best practices at the time it was written.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Public Art Ordinance
2. Public Art Master Plan
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ORDINANCE NO. 14 - 06
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ADDING CHAPTER 8.58 AND AMENDING CHAPTER 8.104.070 OF THE DUBLIN
MUNICIPAL CODE (ZONING ORDINANCE) RELATING TO THE
PUBLIC ART PROGRAM
The City Council of the City of Dublin does hereby ordain as follows:
Section 1. Findings.
A. State law provides that cities have the responsibility to use the powers vested in them to
regulate the aesthetic conditions of the community.
B. The City Council finds that artwork should be included in development projects to inspire
civic pride amongst its residents, 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.
C. The City Council finds the visual and aesthetic quality of development projects
significantly affects the property value and economic condition of the City.
D. The City Council finds that public art can be used to strengthen the unique character of
individual neighborhoods, business districts and transit corridors by relating the artwork to the site's
purpose, history and natural environment.
E. The City Council finds that the incorporation of public art into City and private
development promotes the public interest and general welfare, and improves the quality of life for persons
living, working and visiting the City.
F. The City Council finds that exposure to a diverse selection of artwork increases the
understanding, enjoyment and experience of cultural diversity amongst persons living, working and
visiting the City.
G. The City Council finds that implementation of the Public Art Master Plan requires the City
to impose the public art contribution as a zoning obligation.
H. Accordingly, the City Council finds that the adoption of a public art ordinance is necessary
to increase the City's aesthetic environment through public art; to provide funding to support public art
projects throughout the City; and to establish public art contribution requirements and procedures.
Section 2. Addition of Chapter 8.58. Chapter 8.58 is hereby added to the Dublin Zoning
Ordinance to read as follows:
Ord No. 14 -06, Adopted 9/5/06, Item 4.5
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 of
public art works.
B. Establish requirements and procedures for developer contributions to public art.
C. Provide funding to support the acquisition and installation 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.
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;
B. Tenant improvement projects;
C. Building additions;
D. Remodeling, repair or reconstruction of an existing structure;
Ord No. 14 -06, Adopted 9/5/06, Item 4.5
Page 2 of 5
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
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.
Ord No. 14 -06, Adopted 9/5/06, Item 4.5
Page 3 of 5
8.58.060 Accounting of Funds Collected.
A. Purpose of the Funds Collected. The funds collected pursuant to Section 8.58.050 shall be
used for the acquisition, installation, improvements, including site preparation, lighting and
landscaping, of public art in order to further the intent of this Chapter, and to administer
the Public Art Master Plan.
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:
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
8.58.050.13, 8.58.050.C., or 8.58.050.D: the location of the site reserved for public
art.
Ord No. 14 -06, Adopted 9/5/06, Item 4.5
Page 4 of 5
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.
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 5th day of September, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
None
None
None
ATTEST:
City Clerk '
Ord No. 14 -06, Adopted 9/5/06, Item 4.5
r�
ayor
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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