HomeMy WebLinkAbout8.3 Public Art Process Overview Ac OF D,
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19 STAFF REPORT
outfoR�`� HERITAGE AND CULTURAL ARTS COMMISSION
DATE: January 19, 2017
TO: Honorable Chair and Commission Members
FROM: Tegan McLane, Cultural Arts &Heritage Manager
SUBJECT: Public Art Process Overview
EXECUTIVE SUMMARY:
The Commission will receive an over view of the Public Art Program and Heritage and Cultural Arts
Commission's responsibilities,as they pertain to public art.
RECOMMENDATION:
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 an 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 requirements 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 from public art requirements.
ITEM NO.:8.3
Page 1 of 3
Those who choose to install art follow a defined process for selecting artwork with 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 ensure 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 in 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$3.4 million,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 installing 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 and was based on best practices
at the time it was written.
Heritage and Cultural Arts Commission's Role in the Art Selection Process
The Heritage and Cultural Arts Commission plays a key role in the art selection process, both for publicly
funded projects and private developer projects. In each case, the Heritage and Cultural Arts Commission
reviews the choice of artist and design, and then makes a recommendation to City Council on whether to
accept the choice or not.
Recommendations are based upon whether the selection meets criteria outlined in the Public Art
Ordinance and Public Art Master Plan. Briefly,these criteria are:
• The art is created by qualified artists.
• The art is original, not mass produced artwork.
• The art is appropriate in scale to its surroundings—large enough, appropriate color contrast, etc.
• The art is durable—resists weather,vandalism, can be repaired.
Page 2 of 3
• The art poses no undue safety hazards.
• The art is consistent with community values—not obscene or offensive.
• The art enhances public spaces.
• The art helps establish for pedestrians and create a gathering spots
• The art is situated to provide maximum public exposure.
• The art strengthens the unique character of the place—relates to the purpose,history and natural
environment.
• The art enhances Dublin's identity.
Should the Commission or an individual Commissioner recommend against a design, they must explain
which of the above criteria they believe are not met and why not.
While Commissioners are welcome and encouraged to express personal opinions, it is not the
Commission's job to determine if the artwork is `good' or appealing. Commissioners may not vote
against an art piece simply because they do not like it.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
None.
ATTACHMENTS:
1. Public Art Ordinance
2. Public Art Master Plan
Page 3of3
ATTACHMENT 1
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 TEE 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.B, 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: Councilmembers Hildenbrand,McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
•yor
ATTEST:
City Clerk
Ord No. 14-06,Adopted 9/5/06,Item 4.5
Page 5 of 5
ATTACHMENT 2
BACKGROUND In 2001, the Dublin Heritage and Cultural Arts
Commission completed its first long-range
The City of Dublin has seen remarkable change plan that called for the development of a
over the last decade. Since the late 1990s, the Public Art Master Plan to identify
City has grown dramatically with new housing, opportunities for public art and to also revise
retail and office development, and public the Public Art Policy to identify alternate
improvements. Additional housing and retail is funding sources and approval processes for
currently under construction. public art. It was in this context o program
growth and change that Wright:6Master Associates Dublin's public art program has grown along was hired to develop a Public A Plan
with City development. Begun as a in July 2003. A Public Art Master Plan Task
partnership with the nonprofit Dublin Fine Force was created to provide feedback and
Arts Foundation in the late 1980s, the City guidance during the development of the plan.
boasts a collection of 19 City owned works, Amy
two works on long-term loan, and fourf ` � e
privately owned works displayed in public R _ '' : ,:*w-� e
places throughout Dublin. i rAj ,/z u„ � ; '•--,-r.,...- :t�, ;;;:-.0-°,9:121q u S elf.
In 1997, the City of Dublin adopted its first ��� '� „ 1"Si- 1 r F
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 d, --- �=g }
implementation. The Policy identifies the t "y°
Dublin Fine Arts Foundation to act in an
advisory capacity to the City and developer
s y� '� 41,01. --,A::: °e�j
on public art projects. '��
Since the adoption of the Public Art Policy, � ;_ � ' !pill
many fine artworks have been created for the � .•City of Dublin. However, many of they- -� ��n ")" ��� �
..ems
conditions on which the 1997 Policy was -" w �, ,
based have changed. In 1999, the Heritage .,, ,` . - -a f f ` "y
» Wit, ' :°
and Cultural Arts Commission was established =r
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 . 1 ., 990 "
Department of Parks and Community Services. GALA"by Ned Smyth(1990)
In 2002 a full-time Heritage and Cultural Arts
Supervisor position was created, with the
management of public art as a major
responsibility.
City of Dublin March 2006
Public Art Master Plan Page 1 of 25
PUBLIC ART MASTER PLAN Staff responsibilities, procedures for site and
artist selection, eligible artworks, collection
This Public Art Master Plan -describes the review, and funding options.
principle methods used to develop public art in
the City of Dublin including: Program Policies
These policies will give the City Council,
City Projects: Heritage and Cultural Arts Commission, Staff
Projects developed and funded by the City of and the public guidance on issues that often
Dublin. These projects are planned by City arise in the administration of a public art
Staff in conjunction with the development of program. They reflect the best practices in the
the annual Capital Improvement Program field, adjusted to fit the unique circumstance of
based on available funding. the City of Dublin.
City Projects in Partnership with Program Implementation
Community Organizations: Strategies for implementation of the Public Art
Projects developed in partnership with Program as well as potential funding
nonprofit and community organizations such mechanisms for both City and private
as the Dublin Fine Arts Foundation (DFAF) development projects are summarized in this
which may be funded, in part, by the City of section.
Dublin.
Private Development: ` ° �
Projects on private property funded and =h
constructed by private developers. : 'a
The Plan outlines opportunities, guidelines and ' ,. e
policies for the City's Public Art Program as 4� N° w " A ;
well as implementation strategies. a
.
Public Art Opportunities l� m a
The Plan summarizes potential opportunities u „,,= . $� . a te.
for the placement of public art both on public . ° s
and private property. Opportunities were
developed based on a review of the existing -r,.ri.
City infrastructure proposed City specific �� .. ' ~�
plans, private development projects and '.
proposed City capital projects. z,, :. ' kl, F
Public Art Guidelines
The guidelines establish administrative
rocedures for
implementing the ro osed 1 , 9 � �
p P g p P e .gt ',
Public Art Program including City Council, ,� -->„ �1 '
Heritage and Cultural Arts Commission and ' �'
"The Rising Blue"by Yoshio Taylor(2003)
City of Dublin March 2006
Public Art Master Plan Page 2 of 25
PUBLIC ART PROGRAM - 3) Provide numerous opportunities for
OVERVIEW Dublin's citizens to gain a deeper
understanding and appreciation for visual
Public Art Vision art.
The City of Dublin celebrates humanity and 4) Enhance the City's identity and regional
promotes a healthy civic society through the image by actively promoting Dublin's
administration of its Public Art Program. The unique public art collection.
Public Art Program and its collection inspire 5) Encourage the creation of artworks that are
residents and attract visitors with high quality integrated into the City's built
artworks, both freestanding and incorporated environment, including signage, gateways,
in Dublin's public spaces. sidewalks, bus stops, bollards, parking
structures, crosswalks and other public
The Public Art Program will create a unique amenities.
sense of place and a strong identity for the 6) Involve artists in the planning of public
City as a whole. This vision will be furthered spaces such as parks, and transit corridors.
through the creation and promotion of a 7) In existing neighborhoods and parks,
citywide collection of art works specifically ensure community support for the artworks
placed within the community, which enhance through public participation in artist
urban planning goals and portray the dreams selection and artwork development.
and visions of the community. 8) In new developments, support the design
Public Art Program Purpose themes, goals and objectives of City
planners and private developers by
The purpose of Dublin's Public Art Program is working closely with these parties in the
to inspire civic pride among its residents and development of public art.
strengthen the City's regional identity by 9) In rehabilitation of existing developments,
enhancing public spaces, giving character to further the design themes and goals of the
neighborhoods and business districts, and area by working with residents and
providing numerous opportunities for people business owners as well as City planners
to experience visual art. and private developers in public art
planning and development.
Public Art Program Goals
1) Establish and enhance pedestrian friendly ,a �°� ° '.
public spaces such as parks, plazas, " '1% 1
pathways, public restrooms, parking lots
and other places where people travel or *eV ,. �
gather. i
ILI
2) Strengthen the unique character of ,
individual neighborhoods, business r {' Y �
districts and transit corridors with artwork z' 4 °�'
that relates to the site's purpose, history :`
and natural environment.
"Aaron and Dillon"by Katherine Keefer(2002)
City of Dublin March 2006
Public Art Master Plan Page 3 of 25
PUBLIC ART PROGRAM - Dublin Library
OPPORTUNITIES "Know Way"by Robert Ellison(2003)
"Seasons"by Peter Monica(2003)
The City of Dublin has extensive plans to "Cutouts"by Mark Evans and Charlie Brown
build new neighborhoods and rehabilitate (2003)
others. As the plans are implemented, there
will be many opportunities to involve artists in Dublin Senior Center
the early design of urban development
projects. Artists will be encouraged to work "Wisdom Through the Ages"by Rowland
with the City's Heritage and Cultural Arts Cheney (2005)
Commission and Staff, Community
Development Department, private developers, Art in the Parks
neighborhood residents and business owners to Commissioned by the Dublin Fine Arts
enhance constituents' goals and design themes Foundation
for each neighborhood. Shannon Park: "Sirius" by Peter Voulkos
(1990)
This opportunities section summarizes existing Stagecoach Park: "Mosaic Tile Seating
public art projects both public and private and Area/Wagon Wheel"by Twyla Arthur(1996)
identifies potential projects for the placement Alamo Creek Park: "Black Pool"by Alan
of public art in the City of Dublin. Counihan(1997)
Existing Public Art—Citp Projects Mape Memorial Park: "Archway"by Donna
Billick and Troy Corliss(1999)
Beginning in 1990, the City has actively Kolb Park: "Dust in the Universe"by John
pursued the development of public art. King(2000)
Identifying public art opportunities at local Ted Fairfield Park: "Birdwatch"by Johanna
parks and City facilities, Dublin's collection Poethig(2002)
now includes 21 artworks for public display.
A listing of the public artwork and locations Dolan Park: "Dreams of Longing After
follows. Nothing" by Bryan Tedrick(2004)
Emerald Glen Park: "Divided Sea"by Ned
Dublin Civic Center Kahn, (2004)
"GAIA"by Ned Smyth(1990)
"Gail"by Katherine Keefer(1994) Underpass Murals
"Aaron and Dillon"by Katherine Keefer 1-680 at Dublin Boulevard and 1-680 at
(2002) Amador Valley Boulevard
"Historic Crossroads"by Daniel Galvez, John
"201 Anniversary Quilt"by Linda Schmidt Pugh, and John Wehrle (2003)
(2002)
"Sisyphus"by Roger Berry(1989, on loan Bus Shelter Art
since 1992) Dublin Boulevard, north at Village Parkway
"Steel Water Color#99"by Fletcher Benton Dublin Boulevard north and south at Golden
(1989, on loan since 1996) Gate Drive.
By Dan Dykes (2003)
City of Dublin March 2006
Public Art Master Plan Page 4 of 25
Existing Public Art—Private Development students in collaboration with artist Johanna
In 1997 the City of Dublin adopted its first Poethig (1997).
Public Art Policy. The Policy encouraged
development projects to include artwork in Nielsen Elementary School: "We Make the
buildings and public spaces. To date four World" an entry-way mural created by 200
private development projects have included students in collaboration with artists Gary
artwork. A listing of the artwork and locations Carlos and Jennifer Trammel (1998).
follows.
Dublin Elementary School: "Soaring to New
Dublin Boulevard Safeway: "Dublin Time" Heights" a mural created by students from
by Dan Dykes (2004) kindergarten through 6th grade in collaboration
with artist Argunnur Yr Gylfadottir(1999).
Expo Design Center: "Indesign"by Ray Lamb
(2001) Public Art Opportunities—City Projects
Archstone Apartments:."Ironhorse Trail"by
Vickie Jo Sowell (2002) Capital Improvement Projects
Waterford Shopping Center: "The Rising A Capital Improvement project means any
by Yoshio Taylor(2003)
permanent public improvement project paid
Blue
for wholly by monies appropriated by the City
Existing Public Art- School Projects to construct, improve, or renovate a building,
including its appurtenant facilities, a
In 1994, the Dublin Unified School District . decorative or commemorative structure, a
and the Dublin Fine Arts Foundation formed a park, a sidewalk, a parking facility, a utility, or
partnership to create permanent art projects in any portion thereof, within the City limits or
each of Dublin's schools involving a under the jurisdiction of the City.
collaboration between professional artists and
the students, using Measure "B" monies. The In large capital projects it is recommended that
goal of the project was to create works that artworks be located on site, using a general
would enhance the environment of each school budget guideline of 1% - 2% of the total
and create a sense of ownership for the capital project budget. Potential capital
students as well as providing much needed arts projects include:
education. A listing of the artwork and
locations follows. • Shannon Community Center
Reconstruction
Murray Elementary School: "A Cultural • Emerald Glen Park Recreation and Aquatic
Voyage" a courtyard mural created by six Center
classes from 1st through 5th grade under the • Emerald Glen Park Community Center
supervision of artists Sofie Siegmann and • Community Theater/Cultural Arts Center
Kenneth Huerta(1995).
Wells Middle School: "Tell me and I will Parks
forget. Show me and I may not remember. Public art should be included in neighborhood
Involve me and I will understand" and and community parks. Potential artwork
"Equations" a tile wall pattern created by locations should be identified as part of the
park design. Installation of art shall occur at
such time that occupancy of the surrounding
City of Dublin March 2006
Public Art Master Plan Page 5 of 25
development reaches a minimum of 25%. development. Artworks should be located in
Neighborhood Selection Committees should an area which is accessible to the public and
be convened to assist with artwork selection. allow for unrestrained viewing from a variety
Coordination with the Dublin Fine Arts of vantage points. Sites may include urban
Foundation on the award winning "Art in the gateways, vistas, public spaces and plazas, or
Parks"project should be continued, as deemed other interior or exterior, publicly accessible
appropriate. Potential park projects include: places.
• Bray Commons As a condition of approval, public art will be
• Dublin Ranch Neighborhood Parks included in the following private development
• Dublin Historic Park projects:
• Fallon Sports Park
• Fallon Village Neighborhood and • Gateway Medical Center
Community Parks • General Motors
• Schaefer Ranch Parks • Ikea
• Transit Center Park • Metropolitan Dublin Station
• San Ramon Village
Public Art Venue • Sorrento
A Public Art Venue is a location where several • Tralee
pieces of public art are on display in a • Ulferts
consolidated area. The size of the site can
typically vary from 1/3 acre to 10 acres in a Other potential private development projects
park location, or in the case of a streetscape, may include,but are not limited to:
one to several blocks long. Usually, a large
number of different types of art sculptures are • Camp Parks
on display for the public's view, in some • Dublin Land Company
cases, surrounded by a garden like setting. • Dublin Place Shopping Center
Some Venues are thematic in nature whereas • Dublin Transit Center
others can be educational. Public Art Venues • Emerald Place
can range in cost from $350,000 up to $5 • Fallon Villages
million or more, depending on the amount of •- Wallis Ranch
art pieces and possible land costs. Potential • West Dublin BART
locations for a Public Art Venue include:
Site Selection Process
• Camp Parks
• Dublin Historic Park Sites will be selected based on the Public. Art
• Emerald Glen Park Master Plan and goals of the public art
program:
Public Art Opportunities—Private
Development 1) Establish and enhance pedestrian friendly
public spaces where people travel or
As the City embarks on development of area gather.
specific projects, opportunities for public art
thrive. Public art can be included in a single
development project or part of a larger planned
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 — • Review and recommend proposed gifts of
GUIDELINES FOR CITY public art to the City, as well as loans and
PROJECTS long term exhibitions of public art on City-
owned property;
•
The guidelines outlined below establish Review and recommend accessioning
procedures for the implementation of the (acquisition) and de-accessioning
Public Art Program for City projects. (removal) of artworks from the Public Art
Collection; and
Responsibilities • Periodically review and recommend
changes to the Public Art Program
The City Council shall: guidelines,policies and procedures.
• Adopt policies and procedures under
which the Public Art Program operates; City Staff shall:
• Review and approve the annual workplan • Steer the overall work objectives of the
presented by Staff on behalf of the Public Art Program, such as project
Heritage and Cultural Arts Commission administration, artist project management,
that shall include identification of eligible short and long-term planning and
capital improvement projects and community outreach;
recommended funding appropriations; • Lead the development of the annual public
• Appropriate monies for individual capital art workplan that shall include
improvement projects as part of the annual identification of eligible capital
capital budgeting process; improvement projects and funding
• Approve all contracts with artists; and appropriations and submit to the Heritage
• Approve all public works of art. and Cultural Arts Commission;
• Monitor the overall development of the
The Heritage and Cultural Arts Public Art Collection, including ensuring
Commission shall: that the Collection policies are followed;
• Provide oversight of the Public Art • Oversee the existing public art collection,
Program; survey the works quarterly, update the
• Review and recommend the annual public maintenance survey and communicate
art workplan to City Council; maintenance needs to appropriate staff
• Recommend guidelines, policies and and/or consultants;
procedures for the selection, • Advise the Heritage and Cultural Arts
implementation and conservation of public Commission and the artist selection panel;
art in Dublin to the City Council; • Act as liaison to the artist selection panels;
Receive and review the recommendations • Act as a liaison to the Dublin Fine Arts
• of the Artist Selection Panel and forward Foundation;
to the City Council; • Provide services to assist private
• Review and approve Staff developers in creating and implementing
recommendations regarding the care and their public art plans;
maintenance of the Public Art Collection; • Present recommendations to the Dublin
• Support Staff in community outreach City Council on behalf of the Heritage and
efforts; Cultural Arts Commission; and
City of Dublin March 2006
Public Art Master Plan Page 8 of 25
• Ensure community outreach and citizen costs available for public art and whether
participation in the Public Art Program. the project is appropriate for artist
involvement;
Artist Selection Panels shall: • Provide the Heritage and Cultural Arts
Be ad-hoc panels formed for a limited Staff with information on the capital
• period of time and be appointed by the improvement program, budgets and
schedules;
Mayor with the consent of the City • Designate a departmental representative to
Council with the responsibility of
recommending artists for individual City participate in the artist selection process if
projects or groups of projects;
appropriate;
• Be comprised of individuals representing • Review the maintenance needs survey for
the following interests: arts professionals, artworks located at the site; and
community leaders, business owners, • Inform the project architect of the artist
residents, gallery owners and art educators, involvement in the capital improvement
and project and the method of artist selection.
o One or more panelists shall be a
representative from the Heritage and Construction Project Managers shall:
Cultural Arts Commission • Collaborate with the Heritage and Cultural
o At least half the panel shall be Dublin Arts Staff on the development of public art
residents projects;
o One or more panelists shall be • Coordinate with the Heritage and Cultural
professional artists, architects or Arts Staff on all issues related to the Public
landscape architects with experience in Art Program and the overall project
public art including safety, liability, timeline, code
• Have strong representation from partnering requirements and installation deadlines,
nonprofit organizations,when appropriate; etc.; and
• Recommend to the Heritage and Cultural • Provide Heritage and Cultural Arts Staff
Arts Commission an artist or artists to be and artist with the appropriate
commissioned for projects; documentation necessary for project
• Review the credentials, prior work, compatibility and completion (i.e.,
proposals and other materials submitted by architectural design drawings and
artists for particular projects; specifications, as-built drawings, structural
• Look for the best fit between the artist and drawings, mechanical drawings, electrical
the requirements in the project prospectus drawings, materials to support public
and guidelines; and outreach efforts, etc.).
• 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 m
projects are eligible for public art
inclusion, the amount of eligible project
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 • If selected, execute and complete the
Selecting the "right" artist — one whose Fork, conceptual work or design work,
experience, artistic style, commitment to or transfer an existing work, in a timely
collaboration, communication and facilitation and professional manner;
skills matches the needs of the project — is • Work closely with Heritage and Cultural
critical to the success of any project. Arts Supervisor, the project manager,
Specifically, the goals of the selection process design architect and/or other design
are to: professionals associated with the project;
Implement the goals of the overall capital • Make presentations to City Council, the
• improvement program through an Heritage and Cultural Arts Commission
and other reviewing bodies at project
appropriate artist selection; milestones as required by contract; and
• Further the mission and goals of the Public Make public presentations, conduct
•Art Program;
community education workshops, or do a
• Select an artist or artists whose existing residency at an appropriate time and forum
public artworks or past collaborative in the community where the artwork will
efforts have maintained a level of quality be placed, as required by contract.
and integrity;
• Identify the optimal approach to public art Methods of Artist Selection
that is suitable to the demands of the
particular capital project; The method of selection for individual projects
• Select an artist or artists who will best shall be determined by City Staff in
respond to the distinctive characteristics of consultation with the Heritage and Cultural
the site and the community it serves; Arts Commission in accordance with the
• Select an artist or artists who can work adopted Public Art Program guidelines and
successfully as members of an overall policies. Any of the following methods may be
project design team; and used, depending upon the requirements of a
• Ensure that the selection process represents particular project.
and considers the interests of all parties
concerned, including the public, the arts Open Competition: An open competition-is a
community and the City department call for artists for a specific project in which
involved. artists are asked to submit evidence of their
past work. Any artist may submit credentials
and/or proposals, subject to any limitations
In consideration of selection of an artist for a established by the Artist Selection Panel. Calls
City Public Art project, certain requirements for entries for open competitions will be
of the artist will need to be met. These sufficiently detailed to permit artists to
requirements include: determine whether their work is appropriate
• Submit credentials, visuals, proposals for the project under consideration.
and/or project materials as directed for
consideration by artist selection panels; Limited or Invitational Competition: A limited
• Conduct necessary research, including number of artists shall be invited by the artist
attending project orientation meetings and selection panel to submit credentials and/or
touring project sites,when possible; 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 spaces and giving character to
the conditions posed by the particular project neighborhoods by supporting the larger
(i.e., water features, light works, paintings, urban design themes of the neighborhood
sound works, landscape works, design team or district.
efforts, etc.), or based on other non-aesthetic • Permanence: Consideration shall be given
Public Art Program goals (i.e., artists who to structural and surface integrity,
reside in a particular neighborhood where a permanence and protection of the proposed
project is occurring, local artists or regional artwork against theft, vandalism,
artists, etc.). weathering, excessive maintenance and
repair costs.
Pre-qualified Artists List: Heritage and • Elements of Design: Consideration shall be
Cultural Arts Staff will develop a pool of pre- given to the fact that public art is a genre
qualified artists who can be selected for small, that is created in a public context and that
community-based projects with budgets under must be judged by standards that include
$25,000,where a separate selection panel may factors in addition to the aesthetic. Public
not be warranted, if recommended by the art may also serve to establish focal points;
Heritage and Cultural Arts Commission. terminate areas; modify, enhance or define
specific spaces; establish identity; or
Mixed Process: A mixed process may include address specific issues of urban design.
any combination of the above means. • Community Values: While free artistic
expression shall be encouraged,
Criteria for Selection of Artists or Artworks consideration must be given to the
• Qualifications: Artists shall be selected appropriateness of artworks in the context
based on their qualifications as of local community and social values.
demonstrated by past work and the • Public Liability: Safety conditions or
appropriateness of their concepts to the factors that may bear on public liability
particular project. must be considered in selecting an artist or
• Quality: Of highest priority are the design artwork.
capabilities of the artist and the inherent • Diversity: The Public Art Program shall
quality of artwork. strive for diversity of style, scale, media
• Media: All forms of visual arts shall be and artists, including ethnicity and gender
considered, subject to any requirements set of artists selected.
forth by the project prospectus. • Communications: The ability of the artist
• Style: Artists whose artworks are to effectively communicate with a variety
representative of all schools, styles and of groups, including other design
tastes shall be considered. professionals, public officials and
• Appropriateness to Site: Artwork designs community members, should be taken into
shall be appropriate in scale, material, form consideration.
and content to their immediate social and
physical environments.
• Appropriateness to Public Art Program
Goals: Artworks should address, or artists
should be willing to address within their
process, a commitment to enhancing public
City of Dublin March 2006
Public Art Master Plan Page 12 of 25
..
4
"Dust in the Universe"by John King(2000)
March 2006
City of Dublin
Public Art Master Plan Page 13 of 25
Eligible Artworks statuary elements, unless incorporated into
It is the policy of the City Council that all an artwork by a project artist.
artworks commissioned or acquired under the • Reproductions, by mechanical or other
public art program be designed by professional means, of original works of art, except in
visual artists. Such artworks include, but are the cases of film, video, photography,
printmaking or other media arts.
not limited to,the following:
•
Sculpture: free standing,wall supported or Works that are decorative, ornamental or
• suspended; kinetic, electronic; in any functional landscape or architectural
elements except when commissioned from
material or combination of materials. an artist as an integral aspect of a structure
• Murals or portable paintings: in any or site.
material or variety of materials, with or • Those elements generally considered to be
without collage or the addition of non- components of the landscape architectural
traditional materials. design, vegetative materials,pool(s),paths,
• Earthworks, fiber-works, neon, glass benches, receptacle, fixtures, planters, etc.,
mosaics, photographs, prints, calligraphy, except when designed by artists.
any combination of forms of media
including sound, literary elements, film, Collection Review and Conservation
holographic images and video systems;
hybrids of any media and new genres. At least once in every five-year period, the
• Furnishings or fixtures, including but not Public Art Collection should be evaluated for
limited to gates, railings, streetlights, the purposes of collection management and
conservation in order to assess the collection's
signage, seating, etc., if created by artists
as unique elements or limited editions. condition. The City, with the advice of the
• Artistic or aesthetic elements of the overall Heritage and Cultural Arts Commission and
architecture or landscape design if created approval of City Council, shall retain the right
by a professional artist or a design team to de-accession any work of art in the
that includes a professional artist. Collection, regardless of the source of funding
Temporary artworks or installations, if for the particular artwork.
such artworks serve the purpose of
providing community and educational Objectives:
outreach purposes. • To establish a regular procedure for
• The incremental costs of infrastructure evaluating artworks in the Public Art
elements, such as sound-walls, utility Collection;
structures, roadway elements or other • To establish a regular procedure for
items if designed by a professional artists repairing public artworks;
or a design team that included an artist as a • To ensure regular maintenance of public
co-designer. artworks and that all maintenance is
completed with the highest standards of
Ineligible Artworks professional conservation;
• To establish standards for the acquisition
• "Art objects" which are mass produced or of artworks by the City of Dublin;
of standard manufacture, such as • To strive for an equitable distribution of
playground equipment, fountains or artworks throughout the City.
City of Dublin March 2006
Public Art Master Plan Page 14 of 25
• To ensure that de-accessioning is governed de-accessioning from the Public Art Collection
by careful procedures; and if one or more of the following conditions
• To insulate the de-accessioning process apply:
from fluctuations in taste. • The condition or security of the artwork
cannot be reasonably guaranteed;
Acquisition Review Standards: • The artwork requires excessive
• Acquisitions should be directed toward maintenance or has faults of design or
artworks of the highest quality; workmanship and repair or remedy is
• Acquisition of artworks into the Public Art impractical or unfeasible;
Collection implies a commitment to the • The artwork has been damaged and repair
ongoing preservation, protection, is impractical or unfeasible;
maintenance and display of the artworks • The artwork's physical or structural
for the public benefit; condition poses a threat to public safety;
• Acquisition of artworks, whatever the • No suitable site is available, or significant
source of funding, should imply changes in the use, character or design of
permanency within the Public Art the site have occurred which affect the
Collection, so long as physical integrity, integrity of the work;
identity and authenticity are retained, and • Significant, adverse public reaction has
so long as the physical sites for the continued unabated over an extended
artworks remain intact; and period of time (at least five years or more);
• When possible, artworks should be • De-accessioning is requested by the artist;
acquired without restrictions as to future or
use and disposition. • The site and/or agency housing the work is
undergoing privatization.
De-accessioning Review Standards:
Any proposal for de-accessioning — the When an artwork in the collection is being
destruction or removal of an artwork in the considered for de-accessioning, the artist shall,
collection — or relocation of an artwork shall when practical, be given the first right of
be reviewed by the Heritage and Cultural Arts refusal to purchase the work at its fair market
Commission according to the policy and value.
procedures contained herein and shall be as
deliberate as those practiced during the initial Gifts or Loans of Artworks
selection. This process should operate
independently from short-term public Artworks proposed for donation or long-term
pressures and fluctuations in artistic or (one year or longer) loan to the City shall be
community taste. During the review process, carefully reviewed by the Heritage and
the work of art shall remain accessible to the Cultural Arts Commission in order to meet the
public in its original location. The final following objectives prior to submitting to the
decision with respect to de-accessioning of City Council for approval:
artworks shall rest with the City Council. • To provide uniform procedures for the
review and acceptance of gifts or loans of
De-accessioning should be a seldom-employed artworks to the City;
action that operates with a strong presumption
against removing works from the Collection.
Artwork may be considered for review toward
City of Dublin March 2006
Public Art Master Plan Page 15 of 25
• To vest in a single agency the should be courteously declined. A legal
responsibility of insuring the management instrument of conveyance of the work of art
and long-term care of the donated should be executed between the City and
artworks; donor.
• To facilitate planning for the placement of
artworks on City-owned property; Liability: The proposal should discuss
• To maintain high artistic standards for susceptibility of the artwork to damage and
artworks displayed in City facilities; and vandalism, any potential danger to the public
• To provide for appropriate recognition for and any special insurance requirements. The
donors of artworks to the City. City will accept long-term loans only to fill a
gap in the City's public art collection.
Review Criteria for Gifts or Loans of Artworks that are on indefinite loan shall have
Artworks: an expiration or renewal date defined.
Aesthetic considerations: To ensure artworks
of the highest quality, proposed gifts or long- Environmental considerations: The proposal
term loans of artworks should be accompanied should address appropriateness of the artwork
by a detailed written proposal and concept to the site and the scale of the artwork in
drawings of the proposal and/or photographs relation to its immediate context. The Heritage
of an existing artwork, documentation of the and Cultural Arts Commission will review and
artist's professional qualifications and, if discuss the donation and direct Staff as to any
needed, a current certified appraisal of the questions to be asked of the donor or artist. A
worth of the artwork. The following will be personal appearance by artist may be
considered in the acceptance of a gift or loan requested. The Commission will determine
of artworks: when all issues have been addressed and
recommend to accept or reject the artwork.
• To preserve artworks which provide the Proposed artwork donations shall be reviewed
public with a truer understanding and by the Heritage and Cultural Arts Commission
deeper appreciation of historic Dublin. and approved by the City Council.
• To strengthen and enrich the public art
collection of the City.
• To promote artwork that has an ? few .
educational or communicative function. � ,. ` ; r
• To choose artwork that is the best available p
example to accomplish an interpretive ;; °.F, ,
purpose.
Financial considerations: Based on the cost �X � �
of installation, the proposal should identify
sources of funding for the project, and the � � °
l
estimated cost of maintenance and repair over ° y
the term of the loan or expected life of the T 44,2 l
artwork. Legal title to the donated artwork `` `,
must pass from the donor to the City without
restriction or conditions. Restrictive gifts are y `
detrimental to the artwork collection and "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: y�s}} -
• Slides,photos or a model of the proposed k „.„
work•
• Biography of the artist _ '
• Proposed site and installation plans;
• Monetary value of the artwork and budget + ��
for installation;
s
• Maintenance requirements for the artwork
and
°, ,ter
• Contact information for the donor. g x
fir r.. °�a a . ",
Exceptions to the Review Process for Gifts or
Loans of Artworks: ;�& � °
Gifts of state presented to the City by foreign i �
governments or by other political jurisdictions - �I ��
of the United States — municipal, state or
national — which may be accepted by the City °
Council on behalf of the City shall be a p g ``� `~ e� ° ���a
reviewed as follows: 4�° ,
• Permanent placement of artworks of ° , °
substantial scale, suitable and accessible _ s ,4 °_,. : a ; , _x° fi
for public display shall be determined "Sisyphus"by Roger Berry(1989)
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.
March 2006
City of Dublin
Public Art Master Plan Page 17 of 25
PUBLIC ART PROGRAM —
GUIDELINES FOR PRIVATE The Public Art obligation, if art is to be
DEVELOPMENT installed on-site, must be satisfied prior to the
issuance of a Certificate of Occupancy. If the
The guidelines outlined below establish in lieu fee option is chosen, the obligation
procedures for the implementation of the must be satisfied prior to the issuance of the
Public Art Program for Private Development
first building permit.
projects. Residential Development:
Requirements The Public Art Program requires all new
residential developments including single-
Commercial,Industrial, Office family (detached), single family (attached),
Development: and multi-family in excess of 20 residential
The Public Art Program requires all new units to allocate one-half of one percent
commercial, industrial, and office (1/2%) of the Building Valuation per
development projects over 50,000 square feet development project, to finance an art project
to allocate one-half of one percent (1/2%) of according to the public art guidelines.
the Building Valuation (exclusive of land) per
development project, to finance an art project The building valuations shall be calculated by
according to the public art guidelines. the City's Building Official.
In lieu of providing on-site artwork, an In lieu of providing on site artwork, an
applicant may choose to deposit the required applicant may choose to deposit the required
allocation into a Public Art Fund. If an in-lieu allocation into a Public Art Fund. If an in-lieu
fee option is chosen, the developer must fee option is chosen, the developer must
reserve a space for possible public art to be reserve a space for possible public art to be
installed by the City, if the City determines installed by the City, if the City determines
such a space is necessary. such a space is necessary.
Any new commercial, industrial, and office An applicant may choose to allocate more than
development project under 50,000 square feet the1/2%of Building Valuation to public art.
will be required to allocate one-half of one
percent (1/2%) of the Building Valuation The Public Art obligation, if art is to be
(exclusive of land)per development project, to installed on-site, must be satisfied prior to the
finance an art project or in lieu of providing a issuance of a Certificate of Occupancy. If the
public art work on site, may contribute funds in lieu fee option is chosen, the obligation
equal to 90% of the one-half of one percent must be satisfied prior to the issuance of the
(1/2%)to a Public Art Fund. first building permit.
The building valuations shall be calculated by Exemptions
the City's Building Official. The following categories of projects are
An applicant may choose to allocate more than exempt from the Public Art Program
the1/2%of Building Valuation to public art. requirements:
City of Dublin March 2006
Public Art Master Plan Page 18 of 25
1) Any current or future tenant improvement Eligible Costs
projects;o The following costs shall be included in
2) Any 100%low-income housing projects; determining whether the public art allocation
3) Child Care Centers; meets the minimum required allocation:
4) Nonprofit agencies and institutions that
exclusively provide social services only, to ▪ Artists, professional design and production
the general public. fee inclusive of labor, materials and
5) Any current or future condominium services including art consultant or
conversions. management fees provided that these fees
do not exceed 15% of the minimum
Verification of Expenses allocation;
• Travel of the artist for site visitation and
The Project Developer shall provide research;
satisfactory evidence to the Parks & • Transportation of the work to the site;
Community Services Department that the Installation of the completed work;
•minimum allocation -(1/2% of the Building
• Sales tax;
Valuation for commercial, industrial, office • Any required permit or certification fees;
and residential development) has been
expended for art work or allocated to the ▪ Identification plaques;
Public Art Fund, prior to the issuance of the • Directional or other functional elements
Certificate of Occupancy (for on-site work) or such as supergraphics, signing, color-
prior to the issuance of a building permit (for coding, etc., provided they are designed by
in lieu fee option) for the development project. an artist and are, in the opinion of the City,
an integral part of the work of art;
All financial arrangements shall be negotiated • Walls, bases, pools or other architectural
between the Project Developer and the artist(s) components on or in which works of art
and shall be verified in a written agreement. are placed or affixed, provided they are an
Copies of the executed contracts between the integral part of the work of art;
applicant and the artists shall be submitted to • Electrical,water or mechanical services for
the Parks & Community Services Department activation of the work, when they are an
prior to the issuance of the Certificate of integral part of the work of art.
Occupancy.
Non-Eligible Costs
Assistance with Artist Selection The following costs will not be accepted as
If an applicant elects to provide public art, the satisfying the Public Art Program
applicant is free to choose the artist(s) of its requirements:
choice. The Parks & Community Services • Preparation of the site EXCEPT as
Department can assist the applicant, in necessary to receive the work of art.
selecting and locating qualified artists for their • Exhibitors and education aspects which are
project and can provide a list of private art interpretive of and tangential to the actual
consultants that can assist the applicant with work of art. This includes tours and
artist selection. In addition, technical support docents, videotaping or filming of
and artwork review and critique can be construction and installation of artwork.
provided by the Parks & Community Services
Department.
City of Dublin March 2006
Public Art Master Plan Page 19 of 25
Criteria for Selection of Artist and Artwork developments under 50,000 square feet to
The criteria followed in the selection of an the Public Art Fund; to satisfy the
artist and eligible artwork should be consistent development standard. In lieu fees must be
with the City's policies for public projects (see paid prior to the issuance of a building
Criteria for Selection of Artists or Artworks, permit.
and Eligible Artworks,page 10 and 11). 5) Upon selection of an artist and artwork, the
developer will be required to meet with the
Process Steps Heritage & Cultural Arts Commission for
review of the artwork. Upon
1) The Project Developer shall submit a recommendation by the Heritage &
completed Site Development Review Cultural Arts Commission, the developer
(SDR) application to the Community will be required to receive final approval
Development Department, Planning by the City Council.
Division. The applicant will be informed
of the Public Art requirement and policies, Art Project Checklist
and will be encouraged to meet with the
Parks & Community Services Department Developer will be responsible for providing
to discuss the requirements. the following documents:
2) Residential Development Applicants, who • Landscape and site plans and structural
desire to provide public art within their calculations;
projects, are required to present a plan to • Sample or model (Maquette) of the art
the City that conforms to the requirements project, drawings and photos;
of the Public Art Master Plan. The • Material samples and finishes (if
Applicant's plan shall be submitted at the appropriate);
time of an application for tentative map in • Artist resume (artist's record of group and
which individual lots are created. If a solo exhibitions, art training, art education,
tentative map is not required in the project, private and public collections, critiques
the plan for public art shall be submitted at and articles);
the time of Site Development Review • Building Valuation as determined by the
(SDR). City's Building Official;
3) The Building Valuation will be verified • Artist/developer contract;
and the minimum art allocation will be • Slides or photos of the artist's past work
calculated by the Building Division upon which demonstrates like work to proposal,
receipt of the building permit application. accompanied by the price for which.these
The developer may be required to apply works were sold;
and obtain a separate building permit for • Maintenance provisions which provide
the construction and installation of the art specific technical requirements;
project. • Documentation which indicates that the
4) Applicants choosing not to provide on site property owner is responsible for
artwork will be required to pay in lieu fees ' maintaining the artwork at all times.
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
City of Dublin March 2006
Public Art Master Plan Page 20 of 25
PUBLIC ART PROGRAM - installed on City property and will become the
POLICIES property of the City of Dublin once installed.
Nonprofit Partnerships Artist Rights
The City recognizes the value of its The City of Dublin is committed to attracting
partnerships with nonprofit agencies. It was the highest quality artists to create works for
because of the leadership of the nonprofit its public art program. For that reason, it is
Dublin Fine Arts Foundation that public art important that artists retain reasonable control
was successfully established in the City of over the integrity of their artworks and receive
Dublin. Other nonprofit organizations have equitable compensation for their creative
also contributed to public art in the City. The endeavors.
City encourages fostering partnerships with
other community groups in the development of Policy
public art projects. The City of Dublin seeks to assure the
following rights to artists, which shall be
Policy embodied in artist contracts for the
In order to promote community involvement, commissioning or purchase of works of art.
the City will actively work to encourage
nonprofit organizations in its Public Art • Recognizing that successful public art is
Program to create public art on City owned generally inseparable from the site for
property.Nonprofit organizations are welcome which it is created, City Departments shall
to approach the Dublin Heritage and Cultural not move or remove an artwork unless its
Arts Commission or Staff at any time to site has been destroyed, the use of the
discuss a public art project. space has changed, or compelling
circumstances arise that require relocation
Nonprofit organizations must simply write the of the work of art. Should it become
City Heritage and Cultural Arts Staff with a necessary to move or remove an artwork,
description of the proposed project. If the City Staff shall make reasonable efforts to
project falls within the vision and goals of the consult with the artist before effecting any
City public art program, it will go to the removal or relocation. However, the City
Heritage and Cultural Arts Commission and reserves the right to move or remove the
then City Council for approval. The project artwork without notification under
will then be guided by the same guidelines and emergency circumstances where an
criteria as other City public art projects, with immediate threat to property or public
the Heritage and Cultural Arts Staff working safety is present.
in partnership with the nonprofit • If an artwork is significantly altered,
organization's leadership. The nonprofit modified or destroyed, whether
organization will have representation on the intentionally or unintentionally, the artist
Public Art Advisory or Artist Selection shall have the right to disclaim authorship
Committee that advises the project. of the artwork. Should an artist choose to
exercise this disclaimer, the City shall
In general, nonprofit organizations are remove any plaques, labels or other
expected to contribute the cost of the artwork identifying materials that associate the
and its installation. The artwork must be 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 Art Program, consistent with due consideration
ensure that all maintenance and repairs to of the values, aspirations, and goods of the
works of art are accomplished in City. Community representatives will be
accordance with any maintenance and invited to serve on artist selection panels to
repair instructions the artist has provided to ensure discussion of community sensibilities.
the City at the time of accession, and that Artists selected to participate in the program
all such maintenance and repairs adhere to will be encouraged to engage the community
the highest professional standards of directly in the process of developing their
artwork conservation. The City shall make artistic concepts and designs.
reasonable efforts to notify the artist before
undertaking repairs or restorations to the Community Participation and Outreach
artwork during the lifetime of the artist. The purpose of the Public Art Program is to
Where practical, the City shall seek to serve the citizens of Dublin. By building a
ensure that the artist be consulted and regular program of educational and
given an opportunity to accomplish the promotional activities, a sense of community
repairs or restorations at a reasonable fee. ownership can be instilled and cultivated. Such
The City reserves the right to make activities can generate broader community
emergency repairs without prior appreciation of public art and recognition of
notification to the artist. the role of public art in reflecting the
• The artist shall retain all copyrights community's culture.
associated with works of art accessioned
under this program including those Policy
acquired for the City. The City agrees that The City shall make community participation a
it will not copy or reproduce the artwork in part of each public art project, as well as of the
any way, or permit third parties to do so, program as a whole. This may be
without prior written permission of the accomplished through the use of Artist
artist.Notwithstanding this policy, the City Selection Panels and/or the Heritage and
reserves the right to make photographs or Cultural Arts Commission and artist
other two-dimensional representations of interaction with the community.
the artwork for public, noncommercial
purposes, such as catalogues, brochures The Heritage and Cultural Arts Staff may
and guides. develop a comprehensive approach to
educational outreach concerning the Public Art
Artistic Freedom of Expression Program. Elements of this ongoing educational
The City recognizes that free expression is policy shall include programs in public schools
crucial to the making of works of art of and special events, such as exhibitions, public
enduring quality. At the same time, public art art tours, artist-in-residence programs,
must be responsive to its immediate site in education and/or school programs,
community settings, its relatively permanent publications, brochures, films and videos and
nature and the sources of its funding. public meetings. In addition, avenues such as
print and broadcast media will be cultivated in
Policy order to give access to the Public Art Program
It is the policy of the City to encourage free to the widest possible audience.
expression by artists participating in the Public
City of Dublin March 2006
Public Art Master Plan Page 22 of 25
Conflicts of Interest • Are ineligible for any competition,
The City recognizes and encourages those with commission or project on which he/she
arts backgrounds and other related voted during service on the Heritage and
professionals to serve as members of the Cultural Arts Commission, regardless of
Heritage and Cultural Arts Commission, its the length of time that has elapsed
subcommittees and selection panels. It further following Commission service.
recognizes that artists and other related
professionals may have a real or perceived Members of Advisory Committees or Artist
conflict of interest when serving in such a Selection Panels
capacity while competing for projects. In • Must disclose any real or potential conflict
general, a conflict of interest may arise of interest;
whenever a committee or panel member has a • Must withdraw from participation,
business, familial or personal relationship that discussion and voting on any artist who is
would make it difficult to render an objective a family member, business associate or
decision or create the perception that an with whom the panel member has a gallery
objective decision would be difficult. A affiliation; and
conflict may also arise whenever a committee • May not enter any competition,
or panel member possesses inside information commission or project on which he or she
or has a role in the decision-making process is serving as a panelist or advisory
that could influence the outcome of a public committee member.
art process or project. Therefore, the City has
established policies to govern service on the Non-discrimination
Commission and its panels. The City recognizes that cultural and ethnic
diversity is essential in programs sponsored by
Policy the City and seeks to be inclusive in all aspects
Members of the Heritage and Cultural Arts of the Public Art Program.
Commission
• Must disclose any real or potential conflict Policy
of interest; The City will not discriminate against any
• Are not eligible for any competition, artist or other program participant based on
commission or project during his or her race, gender, ethnicity, age, socio-economic
tenure on the Heritage and Cultural Arts class, religion, sexual orientation, skills and
Commission; abilities, and politics among other qualities.
• Must withdraw from participating or _ „
trig'
voting on any competition, commission or P
project for which any family member or � z4
business associate has any financial . X41 '
interest or personal gain; �w
• Are ineligible for participation in any
competition, commission or project of the � �
Heritage and Cultural Arts Commission for p
a period of one year following the end of
an individual's term on the Commission;
and
"Iron Horse Trail"by Vicki Jo Sowell 2002
City of Dublin March 2006
Public Art Master Plan Page 23 of 25
PUBLIC ART PROGRAM — Funding Mechanisms
IMPLEMENTATION At present, the City does not have an
established funding mechanism for public art
The goals, guidelines and policies set forth in projects. For City projects, the City has
this Master Plan represent an ambitious plan. elected to include public art in selected public
The plan, however, reflects the desire of the buildings and has appropriated 1%-2% of the
City of Dublin to develop and maintain a construction budget for the public art. For
Public Art Program that will create a unique public art in private development, the City's
sense of place in each neighborhood and create current Public Art Policy encourages the
a strong sense of identity for the City as a inclusion of public art but it is not a mandatory
whole. The goal of this section is to identify requirement. For developers who choose to
implementation measures and funding include public art, the amount spent on art is
mechanisms to facilitate the success of the discretionary. The Public Art Master Plan
Master Plan. recommends that designated funding sources
be identified to fund the Public Art Program
Implementation Measures on an ongoing basis.
Adoption of the Public Art Master Plan is the
Private Development:
first step in the implementation of the Public
Art Program. The Master Plan sets the For private development, a percent-for-art
framework for the City's Public Art Program program is recommended whereby all
through the identification of a vision, purpose residential (single-family and multi-family) in
and goals. Additionally the Master Plan excess of 20 residential units and non-
identifies opportunities for placement of public residential (commercial, industrial and office)
art both on public and private property. development projects are required to allocate
Further the Master Plan establishes program one-half of one percent (1/2%) of the project
guidelines related to the responsibilities of the costs to finance an art project according to the
City Council, Heritage and Cultural Arts public art guidelines contained in the Master
Commission, Staff and the public in the Plan. Commercial, industrial and office
stewardship of the Public Art Program. development projects under 50,000 square
Guidelines also deal with the artist selection feet, as an option to providing public art on
process, eligible artworks and the maintenance site, may contribute funds equal to 90% of the
of the City's collection. Lastly the Public Art one-half of one percent to a Public Art Fund.
Master Plan recommends policies related to Non-residential projects in excess of 50,000
non-profit partnerships, artist rights and square feet and residential projects can also
freedom of expression and community choose to deposit the required allocation into a
participation and outreach. Public Art Fund in lieu of providing on site
artwork but no discount is given.
.. w<d 3 *4177 j E uE ; ar ,�a�.6.p
Ot - 3J5 11 S.E k4
a
"Historic Crossroads"by Daniel Galvez,John Pugh,
and John Wehrle(2004)
City of Dublin March 2006
Public Art Master Plan Page 24 of 25
City Projects: private development site from which the funds
In large City capital building projects it is were received, if the City so chooses, and to
recommended that artworks be located on site, administer the Public Art Program.
using a general budget guideline of 1% - 2%
of the total capital project budget. Potential a� � n � � . . '
projects include: Shannon Community Center a `�
Reconstruction; Emerald Glen Park Recreation e ffi, . �:� °
and Aquatic Center; Emerald Glen Park ,. �� `r
Community
Center; and Community _ ; "� . `�� %"
Theater/Cultural Arts Center. 2�
For park projects, it is recommended that .� ,,,v. h �''
public art be included in neighborhood and x;47- :ter� � _ fz ;��
community. parks. Potential artwork locations = . (14..'-..".V1,-.1,
should bel dentified ats part of the park design �'' �'�
and installation of art shall occur at such time € � � �
that occupancy of the surrounding ` `, , '-lam '. ;Z.*.a
development reaches 25%. Neighborhoods
Selection Committees should be convened to i" `` zg * �
assist with artwork selection. Coordination -- '',1 _ ,-1 '
with the Dublin Fine Arts Foundation on the :, u
award winning "Art in the Parks" project �"" <r -.
should be continued, as deemed appropriate. x Y s.
The Public Art Master Plan recommends that .• a; *{:•
consideration be given to establishing an
Public .,--,,,,2...'...- ;'�§� ' , F
Art Venue. A Public Art Venue is a location =:µ � � _ , -, _*, '",
where several pieces of ublic art are on � �� .` '�
p P ak t't "9 z , #3 tr". a`ES `tea ¢c,' `'?�*;
display in a consolidated area. The size of the ^`; e� �� t � "' � �x ;
site can typically vary from 1/3 acre to 10 : ?� T an
Dreams ofLongingA�ter Nothing"by Bryan
Teak ick(2004)
acres in a natural setting, or in the case of 10a
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
March 2006
buildings or on public grounds, or at the
City of Dublin
Public Art Master Plan Page 25 of 25