HomeMy WebLinkAbout13 PUBLIC ART POLICY OPTIONSAgenda Item 13
Reviewed:
AGENDA REPORT City Manager
Finance Director �A
MEETING DATE: NOVEMBER 7, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DAVID A. WILSON, DIRECTOR, PARKS AND RECREATION SERVICES
SUBJECT: PUBLIC ART POLICY OPTIONS
SUMMARY:
On May 17, 2016, staff presented the City Council a Gift Public Art Policy regarding the
reviewing, accepting, or rejecting of public art projects proposed to be gifted to the City.
The City Council directed staff to prepare and return with a more consolidated policy
addressing gifted art, donations of art, and City commissioning of public art projects.
Staff has prepared three (3) options for City Council consideration.
RECOMMENDATION:
1. That the City Council review and adopt one of three Public Art Policy/Program
options; or
2. Refer to the Community Services Commission to provide a recommendation for
City Council consideration at a future meeting.
FISCAL IMPACT:
The fiscal impact varies depending on the program adopted by the City Council:
Option #1 Gifted Public Art Policy: Annual maintenance program will need to be
budgeted for to maintain gifted or donated artwork on public property. Maintenance
program budget would need to be increased with acceptance of each new public art
piece.
Option #2 Public Art Program: General fund expenditures associated with funding
the commissioning and maintenance of public art.
Option #3 Art in Public Places Policy Manual: Limited fiscal impact. Public Art would
be funded and maintained by private developers or a development Art In -Lieu Fee.
CORRELATION TO THE STRATEGIC PLAN:
A Public Art Program/Policy is in accordance with Goal A of the City of Tustin Strategic
Plan to enhance the vibrancy and quality of life in all neighborhoods and areas of the
Community.
BACKGROUND:
On May 16, 2016, staff presented a Gifted Public Art Policy to the City Council. The
City Council discussed the item and directed staff to prepare and return with a more
consolidated policy that addresses the administration of gifted art, donations of art, and
the City commission of public art.
In response, the City of Tustin Parks and Recreation Department surveyed ten (10)
local cities to determine how area municipalities administer public art. The following
cities were surveyed: Garden Grove, Cypress, Newport Beach, Buena Park, Orange,
Rancho Santa Margarita, Laguna Beach, Mission Viejo, Lake Forest, and Stanton.
Survey results varied as how cities managed public art:
City Council adopted Public Art Policy: 40%
Art In -Lieu Fee for New Development: 40%
City funds public art: 20%
Agency commissions public art: 20%
City has Arts Commission: 60%
Agency accepts donated public art: 90%
Attached are three (3) options for City Council consideration for administration of public
art in the City of Tustin. If desired, the City Council could refer the Public Art Policy
options to the Community Services Commission to provide a recommendation to the
City Council for determination at a future meeting.
Gifted Public Art Policy (Option #1)
Outlines how City would evaluate artwork gifted or donated to the city. Previously
presented to the City Council on May 17, 2016. The Community Services Commission
would review and evaluate gifted or donated artwork and provide a recommendation to
the City Council.
Public Art Program (Option #2)
Describes the City Council establishing a Public Art Fund and strategically
commissioning art projects through a newly formed Public Arts Commission. Would
require an annual appropriation to the Public Art Fund. The Public Art Program also
has a procedure of accepting and evaluating gifted or donated artwork.
Art in Public Places Policy Manual (Option #3)
Designed for the City to collaborate with private developers to fund and integrate public
art throughout the community. Development projects with a total valuation of
$1,500,000 would be subject to contributing to public art. Developers could install
public art or contribute one percent (1 %) of the total project building valuation to an Art
In -Lieu Fee.
In the past, art projects have been completed on a case by case basis. In 2011, the
Parks and Recreation Department formed an Ad -Hoc Committee to complete an art
project in Citrus Ranch Park. The committee was comprised of two Community
Services Commissioners, a Tustin Community Foundation member, and at -large
community members charged with creating the Citrus Ranch Park 4' x 24' hand painted
tile mosaic, located at the entry of the park. The Ad -Hoc Committee fundraised the
entire $11,115 project budget and selected the artist through a competitive process to
complete the artwork.
Public art can contribute to the cultural and economic vitality of a community and may
enhance the quality of life in our city. The attached options are intended to provide a
program in which to initiate a Public Art Program in Tustin.
Ily su
David , .Wilson
Director, Parks and Recreation Services
Attachments: Gifted Public Art Policy (Option #1)
Public Art Program (Option #2)
Art in Public Places Policy (Option #3)
Option 1
Gifted Public Art Policy
• Community Services Commission
evaluates gifted art
• Community Services Commission makes
recommendation to City Council
TUSTIN
HISTORY
BUILDING OUR FUTURE
HONORING OUR PAST
City of Tustin
Gifted Public Art Policy
Gifted Public Art Policy
Parks and Recreation Department
714-573-3326
City of Tustin, Parks and Recreation Department
300 Centennial Way
Tustin, CA 92780
714-573-3326
www.tustinca.org
City of Tustin
Gifted Public Art Policy
1. General
Purpose:
Public art can contribute to the cultural and economic vitality of the Tustin community,
and enhance the quality of life in our city. The purpose of this policy is to provide a
process through which the City of Tustin can accept or deny gifted artwork. It is the policy
of the City of Tustin, as a form of government speech, to accept, deny, display, maintain
and remove public art on City -owned or managed property consistent with the procedures
outlined below.
Scope:
This policy provides procedures for City responsibilities beginning with submission,
evaluation, acceptance or denial of public art, installation and maintenance, and if
necessary the removal of public art.
Definition:
The definition of gifted public art in relation to this policy is existing or created artwork that
will be given free and clear of any liens to the City to be displayed for the enjoyment of
the citizens. Artwork can be considered physical paintings, sculptures, mosaics, works
or designs in any media created for the purpose of expression.
2. Procedures
The Community Services Commission will evaluate all artwork that is proposed to be
gifted to the City of Tustin. The Commission will make future recommendations to the
City Council for final acceptance or rejection.
All gifted artwork requires adherence to the following evaluation and selection
procedures.
A.) Application and Letter of Interest:
The donor of the proposed artwork shall complete a Gift Proposal Application and
provide a Letter of Interest to the Director of Parks and Recreation Services or his/her
designee. Information required during this initial phase will be:
a.) Description of Artwork/Media
b.) Specifications and Dimensions
1
c.) Materials and Finishes
d.) Colors
e.) Electrical or Plumbing Requirements
f.) Construction and Installation Method
g.) Depiction of Artwork (Drawing/Picture)
h.) Budget
i.) Location/Site Plan
j.) Timeline
B.) Presentation to the Community Services Commission:
If applicable, the donorwill be scheduled to present a proposal of the gifted artwork
to the Community Services Commission as an agenda item at a regular meeting
of the Commission.
The donor is expected to present the actual artwork, a model of the artwork, or
scale drawings of the proposed piece. If it not possible to bring the actual artwork
for review, a photograph of the artwork maybe be used.
The Community Services Commission will review the proposal, consider the
presentation and make a recommendation at the subsequent meeting. If the
proposal and presentation does not provide the Commission sufficient information
to make a recommendation, the Commission may postpone the recommendation
until further information is,provided.
The following criteria shall be used by the Community Services Commission to
review and evaluate the acceptability of the proposed artwork:
• Aesthetics — It shall be deemed to be an artwork of lasting aesthetic value.
• Quality — There is inherent quality in the artwork itself.
• Style — An artwork shall be compatible in scale, materials, form, and content
with its surroundings.
• Permanence — Due consideration shall be given to structural/surface
soundness, resistance to theft, vandalism, weathering, and excessive
maintenance repair costs.
• Public Liability — Each artwork shall be examined and approved for safety
conditions and factors which may related to public liability.
• Feasibility — Each artwork shall be reviewed for realistic completion and
installation.
• Duplication — To assure the artwork is original and will not be duplicated,
the artist shall warrant the artwork as unique and an edition of one, unless
stated to the contrary.
2
The following criteria and factors will be considered for proposed placement of the
artwork:
• Visibility
• Lighting
• Public Safety
• Impact to facility and programs
• Traffic (interior, exterior, foot and auto)
• Location (relationship to facility, architecture and natural setting)
• Future development plans of facility and area
• Impact on community and neighborhood
• Installation and maintenance
C.) Review and Recommendation of the City Council:
The City Council will review and consider the recommendation of the Community
Services Commission regarding the gifted artwork. A final decision shall be made by
the City Council to accept, delay or reject the gifted artwork.
D.) Installation and Maintenance:
If the artwork is accepted by the City Council and installed on city property it becomes
the responsibility and property of the City of Tustin.
Installation of the artwork is the responsibility of the participating artwork
sponsor/organization unless otherwise determined. A plan of installation and timeline
must be submitted to the Director of Parks and Recreation Services prior to permission
being granted for installation. Installation may be supervised by city employees or
their designees. All damage to the city facility during installation is the responsibility
of the artwork donor and/or artist.
Artwork shall be installed and sited on city owned or managed property in a manner
that ensures public access, including ADA access. Artwork will be installed to the
satisfaction of the City of Tustin and its officials.
City insurance requirements must be met prior to commence of installation of artwork.
Routine maintenance of the artwork after installation will be the responsibility of the
City of Tustin.
E.) Removal of Artwork: (if necessary)
The following may be grounds for the City to remove the artwork from City owned or
managed property. The City reserves the right to remove the public art at its own
discretion.
3
1.) Theft — A piece of the artwork was stolen from its location and cannot be retrieved.
2.) Damage Beyond Reasonable Repair — The public art has been damaged beyond
repair, damaged to the extent that it no longer represents the artist's intent, or
damaged to the extent that the expense for restoration and repair are found to
equal or exceed current market value of the public art. This determination will be
made by the Director of Parks and Recreation Services, or designee with input
provided by the artist, if possible.
3.) Site Alteration. For site -integrated or site specific works of art, the site for which
the public art was specifically created, is structurally or otherwise altered and can
longer accommodate the public art; is made publicly inaccessible as a result of
new construction, demolition, or security enhancement, or; has its surrounding
environment altered in a way that significantly and adversely impacts the public
art.
4.) Safety — There is a documented history of incidents that show the public art is a
threat to public safety.
5.) Excessive Maintenance — The public art requires excessive maintenance. This
determination will be made by the Director of Parks and Recreation Services, or
designee with input provided by the artist, if possible.
6.) Comparable Quality — The public art is inferior quality as related to the quality of
other nearby works; or the quality of the artwork has eroded over a period of time.
A notice will be issued to the Artist and artwork sponsor/donor regarding the
reason and proposed date of the public art removal.
Removal Options:
o Directly returned back from the City of Tustin to the artist or art donor.
o Sale through a public auction, or direct bidding by individuals. Any
revenue generated from such a sale will be directed to the budget of the
Director of Parks and Recreation Services to be used for programs of
public benefit.
o Destruction of artwork, and recycling of materials comprised of the public
art.
4
Interpretation/Policy
This policy supersedes all previous policies or Memos of Understandings covering the
same topic. This policy may be reviewed and amended by the City. Questions
concerning the interpretation of application of this policy should be directed to the
office of the Director of Parks and Recreation Services Department.
5
CITY OF TUSTIN
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Proposal Details
Working Title
Artist(s) Name
Year Completed
Dimensions (HxWxD)
Preferred Project Installation Date
(approximate)
Physical description of the
proposed piece (significance, etc.)
Is this piece one of a kind?
Is the piece completed?
Proposed Location Address
What is your rationale for desiring
this site (historical reason, etc.)
Why do you wish to donate this art
piece to the City of Tustin?
Applicant Details
Contact First & Last Name
Organization Name (if applicable)
Type of Organization (if applicable)
Phone Number
Email Address
Postal Address
Website Address (if relevant)
�f'so, describe and 'support with attachments as fisted at`the end` 0f this application., ' l
CITY OF TUSTIN
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?lease identify any specific maintenance procedures and,/,or equipment an,d associaated.�costs ��z��p��
Value of Artwork
Permits
Structural Engineering
Site Preparation
Insurance for Moving / Siting the Piece
Electrical / Plumbing / Utility Hookup
Delivery of Artwork to Site
Artwork Installation
Signage
Recognition
Other
Total Expenses
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"Making a Difference In Tu$tln`
�Dt�you have �th��s�uppartofthe surrb��ndin� c�ommunityfor�the,propoysedsite?,xyn, ��;im ����;��+����
ElAn artistic resume and / or bio of the artist(s) who created the proposed artwork
Three to five clean and clear images of the proposed artwork
Scale drawing and / or model(s) of the proposed artwork (if applicable)
If you have a site in mind, please include a photograph and description of the site(s) and
include a scaled drawing or digital rendering that illustrates the proposed piece sited in
this location
® A copy of a formal appraisal of the proposed piece or an estimate of value
Technical specification that indicates the construction and installation details for the piece.
If applicable, drawings should be reviewed and approved by a structural engineer.
RETURN APPLICATION AND SUPPORTING DOCUMENTATION TO:
City of Tustin
C/o Director of Parks and Recreation Services
300 Centennial Way
Tustin, CA 92780
Option 2
Public Art Program
• City Council established Public Art Fund
• Form Public Arts Commission
• City Council commissions art
TUST'IN
HISTORY
BUILDING OUR FUTURE
HONORING OUR PAST
City of Tustin
Public Art Program
Public Art Policy
Parks and Recreation Department
714-573-3326
City of Tustin, Parks and Recreation Department
300 Centennial Way
Tustin, CA 92780
714-573-3326
www.tustinca.org
City of Tustin
Public Art Program
1. General
Purpose:
Public art can contribute to the cultural and economic vitality of the Tustin community and enhance the
quality of life in our City. The purpose of this policy is to provide a process through which the City of Tustin
can commission public art projects, and accept or deny gifted artwork. It is the policy of the City of Tustin,
as a form of government speech, to commission, accept, deny, display, maintain, and remove public art on
City -owned or managed property consistent with the procedures outlined below.
Scope:
This policy provides procedures for City responsibilities beginning with the funding, commission,
submission, evaluation, acceptance, or denial of public art, installation, and maintenance, and if necessary,
the removal of public art.
Definition:
The definition of public art in relation to this policy is created or existing artwork that will be commissioned
by the City, or be given free and clear of any liens to the City to be displayed for the enjoyment of the
citizens. Artwork can be considered physical paintings, sculptures, mosaics, works, or designs in any media
created for the purpose of expression.
2. Public Art Fund (PAF)
The City Council will annually transfer/or at its discretion, $50,000 from an appropriate Fund to a designated
line item for the commission of public art to be displayed on public property in the City of Tustin.
Only expenses directly related to the design, fabrication, and installation of artwork are permitted to be paid
from the public art allocation.
Allowable Expenses from the Public Art Fund:
• Artist fees
• Materials
• Fabrication of the artwork
• Transportation of artwork
• Base, mounting, or pedestal for the artwork (if applicable)
• Engineering for the artwork
• Installation of the artwork
• Identification plaque for the art
• Lighting instruments specifically lighting the artwork (if applicable)
• Motors or subterranean/other equipment directly necessary for installation of the art
• Art consultant fees (if applicable) not to exceed a maximum of 20 percent of public art fund
• Any fees paid to public art experts (e.g. art conservators, qualified appraisers, etc.) requited by the
Committee or City Council (if applicable)
Expenses Not Allowed from the Pubic Art Fund:
• Expenses to locate the artist (e.g. airfare for artist interviews, etc.)
• Architect, landscape architect, or other professional fees
• Public Art site preparation (e.g. grading, demolition, or removal of other items/structures, running
electrical to the public art site, etc.)
• Landscaping around the artwork
• Items around the artwork not conceptualized, designed, and fabricated by a qualified artist, including
but not limited to: prefabricated water features, ornamental or decorative items in the area around
the public art, hardscaping and seating
• Utility fees associated with activating electronic or water generated artwork
• Publicity, public relations, photographs, educational materials, business letterhead, or logos bearing
the artist's image
• Dedication ceremonies, including artwork unveilings or grand opening
Verification of Expenses:
Public art expenses must not exceed the existing funds available in the Pubic Art Fund. The Public Art
Committee in coordination with staff, will submit financial records in a form acceptable to the City that
document allowable artwork expenses paid from the Public Art Fund. All expenditures from the Public Art
Fund must follow the City Purchasing Procedures and Policies.
Funds not expended in the fiscal year can carry-over to be expended in future years. A balance in the
Public Art Fund can be combined with future allocations to fund larger public art projects as needed, or
desired.
3. Public Art Committee (PAC
The Public Art Committee (PAC) is the formal body responsible for implementing the Public Art Program.
Responsibilities include attending all public art planning and review meetings, exercising judgment that is
fair and consistent with policy guidelines, advising the Community Services Commission and the City
Council on all public art related issues, and upholding the reputation and integrity of the Public Art Program
and the City of Tustin. The Committee will plan and commission public art, and evaluate all art work,
including art work proposed to be gifted to the City of Tustin. The Committee will also seek grant funding
and donors for each project, and build partnerships and collaborations with non-profit organizations. The
Committee will make recommendations to the City Council regarding commissioned or gifted public art.
The Public Art Committee meets once a month/or as needed basis.
The Committee consists of:
• A member of the City Planning Commission appointed by the Chair of the Planning Commission
• A member of the Community Services Commission appointed by the Chair of the Community
Services Commission
• City Council appointed representatives (3) who have a background in art and who are a Tustin
resident
General Eligibility Criteria:
• Tustin resident
• Collaborative team player
t,
• Commitment to the betterment of the community
• Service oriented to people and sensitive to their needs
• Understand the relationship with the City Council and the committee's role as an extension of the
Council
• Education, experience and/or commitment to the visual arts, including artwork and other related
public art
Lenath of Term:
Each member is appointed for a term of four years, commencing with appointment at the first Commission
meeting of the calendar year. For Commissioner appointees to the Public Art Committee, their appointment
will be consistent and coincide with their appointment as Commissioners. Upon term expiration, the
Community Services Commission and Planning Commission will appoint members to the Public Art
Committee, following appointment of new Commission members.
Stipends:
Public Art Committee Members will receive a stipend of $100 per regular planning/evaluation meeting. No
more than 12 regular meetings per calendar year.
The Director of Parks and Recreation Services, or staff designee, will be responsible for the operation of
the Public Art Program and coordination with the Public Art Committee.
4. Artist Selection for Commissioned Artwork:
Selected artists must meet the qualification requirements described below. Artists' past public art
commissions, including the contract amount paid to the artist, will be verified by the City as part of the artist
approval process. For the selection process, Artists must submit a Letter of Interest, Artist Resume, History
of Public Art Commissions, photos of completed Public Art projects, and three professional references.
Artist Qualifications
An artist must be recognized by critics and peers as a professional practitioner of visual arts. To assess the
qualifications of an artist the Committee will consider the following:
• Artist's body of work
• Educational background
• Formal training
• Past and current large scale (5 feet or larger) outdoor public art commissions
• Sales of work
• Exhibit records
• Publications
• Artwork design
Artists must also have experience in the following areas:
• Successful collaborations with cities or other organizations
• Meeting deadlines
• Negotiating and contracting their work responsibly
• Conceptualizing, designing, fabricating, and installing large-scale outdoor art work similar in scope
to the proposed public art
3
• The ability to demonstrate long-term outdoor durability of selected materials
Artists shall have the experience and expertise to create site-specific public art after consideration of
contextual issues related to the project site, including:
• Architectural style
• Future use and users of the project site
• The community at large
• The proposed artwork in terms of its placement
Artists will be invited and evaluated through an inclusive and accountable selection process. Hallmarks of
the artist selection process will be to clearly communicate the goals of the project, seek the highest quality
and integrity in the artwork; and select an artist(s) who will best respond to the distinctive characteristics of
the site.
Art Consultant
To assist with the Public Art Program, the Public Art Committee has the option of hiring a qualified,
experience public art consultant to facilitate artist selection, manage the Public Art process, manage artwork
installation, assist with fundraising and grants, and ensure all requirements have been satisfied. Art
consultant fees are not to exceed 20 percent of the Public Art Fund allocation.
5. Site Selection
When determining a potential site for public artwork, the following shall be considered:
a. The relationship and compatibility of the artwork and site are considered in terms of physical
dimensions, social dynamics, local character and surround context of the existing or planned site.
b. Theme and relevance to the community and the site
c. Visibility of the site by the general public
d. Public safety
e. Improvements made to the design of an area
f. Vehicular and pedestrian traffic patterns
g. Accessibility
h. Site design including landscaping, drainage, security, maintenance, grading and lighting
i. - Relationship of proposes artwork to existing artwork
j. Environmental impact(s)
k. Impact on adjacent property owners
1. Impact on operation functions (i.e., police, fire, parks and recreation, public works)
m. Potential for vandalism
Gifted or Donated Artwork:
The Public Art Committee will evaluate all artwork proposed to be gifted to the City of Tustin. The Committee
will make future recommendations to the City Council for final acceptance or rejection.
All gifted artwork requires adherence to the following evaluation and selection procedures.
A.) Application and Letter of Interest
The donor of the proposed artwork shall complete a Gift Proposal Application and provide a Letter of
Interest to the Director of Parks and Recreation Services or his/her designee. Information required
during this initial phase will be:
a.) Description of Artwork/Media
b.) Specifications and Dimensions
c.) Materials and Finishes
d.) Colors
e.) Electrical or Plumbing Requirements
f.) Construction and Installation Method
g.) Depiction of Artwork (Drawing/Picture)
h.) Budget
i.) Location/Site Plan
j.) Timeline
B.) Presentation to the Public Art Committee:
If applicable, the donor will be scheduled to present a proposal of the gifted artwork to the Public Art
Committee as an agenda item at a regular meeting of the Committee.
The donor is expected to present the actual artwork, a model of the artwork, or scale drawings of the
proposed piece. If it is not possible to bring the actual artwork for review, a photograph of the artwork
may be used.
The Public Art Committee will review the proposal, consider the presentation, and make a
recommendation at a subsequent meeting. If the proposal and presentation does not provide the
Committee sufficient information to make a recommendation, the Committee may postpone the
recommendation until further information is provided.
The following criteria shall be used by the Public Art Committee to review and evaluate the acceptability
of the proposed artwork:
• Aesthetics — It shall be deemed to be an artwork of lasting aesthetic value.
• Quality — There is inherent quality in the artwork itself.
• Style — An artwork shall be compatible in scale, materials, form, and content with its
surroundings.
• Permanence — Due consideration shall be given to structural/surface soundness, resistance
to theft, vandalism, weathering, and excessive maintenance repair costs.
• Public Liability — Each artwork shall be examined and approved for safety conditions and
factors which may relate to public liability.
• Feasibility — Each artwork shall be reviewed for realistic completion and installation.
• Duplication —To assure the artwork is original and will not be duplicated, the artist shall warrant
the artwork as unique and an edition of one, unless stated to the contrary.
The following criteria and factors will be considered for proposed placement of the artwork in addition to
site selection criteria:
• Visibility
• Lighting
• Public Safety
5
• Impact to facility and programs
• Traffic (interior, exterior, foot, and auto)
• Location (relationship to facility, architecture, and natural setting)
• Future development plans of facility and area
• Impact on community and neighborhood
• Installation and maintenance
C.) Review and Recommendation of the City Council
The City Council will review and consider the recommendation of the Public Arts Committee regarding
the gifted artwork. A final decision shall be made by the City Council to accept, delay, or reject the gifted
artwork.
D.) Installation and Maintenance
If the artwork is accepted by the City Council and installed on City property, it becomes the responsibility
and property of the City of Tustin.
Installation of the artwork is the responsibility of the participating artwork sponsor/organization unless
otherwise determined. A plan of installation and timeline must be submitted to the Director of Parks and
Recreation Services or his/her designee prior to permission being granted for installation. Installation
may be supervised by City employees or their designees. All damage to the City facility during
installation is the responsibility of the artwork donor and/or artist.
Artwork shall be installed and sited on City owned or managed property in a manner that ensures public
access, including ADA access. Artwork will be installed to the satisfaction of the City of Tustin and its
officials.
City insurance requirements must be met prior to commence of installation of artwork.
Routine maintenance of the artwork after installation will be the responsibility of the City of Tustin.
E.) Removal of Artwork (if necessary)
The following may be grounds for the City to remove the artwork from City owned or managed property.
The City reserves the right to remove the public art at its own discretion.
• Theft — A piece of the artwork was stolen from its location and cannot be retrieved.
• Damage Beyond Reasonable Repair — The public art has been damaged beyond repair,
damaged to the extent that it no longer represents the artist's intent, or damaged to the extent
that the expense for restoration and repair are found to equal or exceed current market value
of the public art. This determination will be made by the Director of Parks and Recreation
Services or his/her designee with input provided by the artist, if possible.
• Site Alteration — For site -integrated or site specific works of art, the site for which the public
art was specifically created, is structurally or otherwise altered and can longer accommodate
the public art, is made publicly inaccessible as a result of new construction, demolition, or
security enhancement, or has its surrounding environment altered in a way that significantly
and adversely impacts the public art.
•
Safety— There is a documented history of incidents that show the public art is a threat to public
safety.
I
• Excessive Maintenance — The public art requires excessive maintenance. This determination
will be made by the Director of Parks and Recreation Services or his/her designee with input
provided by the artist, if possible.
• Comparable Quality — The public art is inferior quality as related to the quality of other nearby
works or the quality of the artwork has eroded over a period of time.
A notice will be issued to the artist and artwork sponsor/donor regarding the reason and proposed
date of the public art removal.
Removal Options
• Directly returned back from the City of Tustin to the artist or art donor.
• Sale through a public auction or direct bidding by individuals. Any revenue generated from
such a sale will be directed to the budget of the Director of Parks and Recreation Services to
be used for programs of public benefit.
• Destruction of artwork and recycling of materials comprised of the public art.
F.) Interpretation/Policy
This policy supersedes all previous policies or Memos of Understandings covering the same topic. This
policy may be reviewed and amended by the City. Questions concerning the interpretation of application.
of this policy should be directed to the office of the Director of Parks and Recreation Services
Department.
7
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Tustin Public Art Program
COMMITTEE CHECKLIST
Date:
Project Name: Project Location:
Artist:
Committee Members:
Artwork Title:
Appendix C
Criteria
Meets Criteria
Does not
Meet
Criteria
Comments
I. Art Consultant Qualifications
Experience with public art projects of similar
scope
II. Artist Qualifications
Education/training in artwork
Exhibit records Et collections
Commissions/ experience with large scale
permanent outdoor artwork of similar
scope/materials
Verification of past commission amounts
Copy of contract
III. Artwork Site
Clearly visible to motorists Et pedestrians
from a public street
No more than 50 feet from public street
No signage, utility boxes, landscaping, or
other items limiting public view
arr°rtacnc��
eT^iG`p A}rp,�
Appendix C
10
Does not
Meets Criteria
Meet
Criteria
Criteria
Comments
IV. Artwork Concept/Design,
Conceptualized and designed by
approved artist
Original and does not infringe upon any
copyright (editions limited to 5)
Artwork is site specific or site
appropriate
Scale: 5' or larger (excluding base)
Considered place in the APP Collection
Proposal demonstrates how work will engage
public interest (e.g. provokes discussion,
intrigues, entertains, etc.)
Is community input/survey requested?
Artistic Content (for discussion only):
• Expressive properties (mood, feeling,
message, symbolism)
o Formal properties (balance,
emphasis, color, repetition/ rhythm,
unity, form/shape, texture)
V. Artwork Materials/Maintenance
Comprehensive maintenance plan
List/samples of materials, finishes,
manufacturer information, fabricator
information, fabrication plans
Permanent, weather, and rust resistant
media, armature, and base; foundry
materials breakdown by percentage
Is art conservator or public art expert input
requested?
Resistant to vandalism and graffiti
10
a�rva F�c�srw
Appendix C
Committee requests for input, conditions of approval, etc.:
11
Does not
Meets Criteria
Meet
Criteria
Criteria
Comments
Landscape will not pose future visibility or
conservation problems
Irrigation plan indicates water spray is
directed away from artwork
Maintenance plan demonstrates the
work is low maintenance
Is art conservator or public art expert input
requested?
Maintenance fund established
VI. Installation
Base well integrated to landscape
Lighting plan and lighting instruments
Identification plaque location indicated
Installation plans approved by Licensed
Professional Engineer (if applicable)
Poses no liability or safety problems
Committee requests for input, conditions of approval, etc.:
11
cm °ascn nn
fMw'° GTrgh,
Appendix C -777-
Proposal
Details
Working Title
Artist(s) Name
Year Completed
Dimensions (HxWxD)
Preferred Project Installation
(approximate)
Physical description of the
proposed piece (significance,
Is this piece one of a kind?
Is the piece completed?
Proposed Location Address
What is your rationale for
this site (historical reason, etc.)
Why do you wish to donate this
piece to the City of Tustin?
Applicant Details
Contact First Et Last Name
Organization Name (if
Type of Organization (if
Phone Number
Email Address
Postal Address
Website Address (if relevant)
12
Value of Artwork
Permits
Structural Engineering
Site Preparation
Insurance for Moving / Siting the Piece
Electrical / Plumbing / Utility Hookup
Delivery of Artwork to Site
Artwork Installation
Signage
Recognition
Other
Total Expenses
13
What�xpectat�ons do 4you`have for the Citi of Tustin ori accepting this
Ao; you have the support 'M
if "
ElAn artistic resume and / or bio of the artist(s) who created the proposed artwork
Three to five clean and clear images of the proposed artwork
Scale drawing and / or model(s) of the proposed artwork (if applicable)
F—] if you have a site in mind, please include a photograph and description of the site(s)
include a scaled drawing or digital rendering that illustrates the proposed piece sited
this location
A copy of a format appraisal of the proposed piece or an estimate of value
E] Technical specification that indicates the construction and installation details for the
If applicable, drawings should be reviewed and approved by a structural engineer.
RETURN APPLICATION AND SUPPORTING DOCUMENTATION TO:
City of Tustin
C/o Director of Parks and Recreation Services
300 Centennial Way
Tustin, CA 92780
14
Option 3
Art in Public Places Policv
• Private developers fund public art
• Developers create public art or
contribute in -lieu art fee
TUST'IN
HISTORY
BUILDING OUR FUTURE
HONORING OUR PAST
City of Tustin
Art in Public Places Policy
Manual
Art in Public Places Program
Parks and Recreation Department
714-573-3326
City of Tustin, Parks and Recreation Department
300 Centennial Way
Tustin, CA 92780
714-573-3326
www.tustinca.org
TABLE OF CONTENTS
I. Introduction
1
II. Contacts
1
III. Art in Public Places Requirement Overview
2
IV. Which Development Projects are Subject to the Public Art Requirement?
2
V. How Much is the Public Art Allocation?
4
VI. How do Public Art Approvals Factor into my Construction Schedule?
6
VII. What Expenses are Allowed from the Public Art Allocation?
8
VIII. What are the Requirements for Selecting an Artist?
9
IX. What are the Requirements for Selecting an. Art Consultant?
11
X. What do I Need to Consider When Selecting a Public Art Site?
11
XI: What are the Requirements for Public Art?
13
XII. What are the Steps for the Application and Approval Process?
18
XIII. What are the Steps for Contributing Public Art Funds in Lieu of Public Art?
23
XIV. Who is Responsible for Public Art Maintenance?
24
XV. Modifications of Properties with Existing APP Public Art
29
XVI. Donations of Artwork to the City
30
XVII. Tustin's Art in Public Places Advisory Committee
30
Appendix A: Visual Arts Laws for Artists and Public Art Owners
32
Appendix B: Developer Acknowledgment of APP Requirement
35
Appendix C: Art in Public Places Application Coversheet
36
Appendix D: Artist's History. of Public Art Commissions
37
Appendix E: Artist Warranties of Title and Originality
38
Appendix F: Sample Public Art Budget Breakdown
39
Appendix G: Sample Contract of Sale for a Work of Art
40
Appendix H: Art in Public Places Advisory Committee Review Checklist
43
I. INTRODUCTION
Tustin's Art in Public Places Program was designed to work with private developers to integrate
three-dimensional artwork and other artwork throughout the community.
Goals of Tustin's Art in Public Places (APP) Program are:
A. Distinguish Tustin as a special place to live, work, play, and visit.
B. Strengthen cultural awareness, creativity, and innovative thinking in the community.
C. Integrate the vision of artists with the perspective of other design professionals into the
planning and design of the urban landscape.
D. Ensure artwork is visually accessible to every member of the community.
E. Provide a means to counterbalance what many consider to be the "negative" effects of
development (e.g. construction noise, traffic, congestion, and pollution).
Build a diverse collection of permanent, outdoor artwork by qualified artists and ensure
the collection is continually maintained.
Public art is an investment in the cultural vitality and economic development of a community.
Public art can become place -makers, landmarks, and foster culturally dynamic, economically
vibrant communities. Public art can increase in value, increase property values, and draw visitors
and tenants. Tustin's Art in Public Places program provides developers a way to make a lasting
and visible contribution to the community and enhance development. Successful projects involve
collaborations between developers, artists, public art professionals, property owners, property
tenants, and the City.
We hope your experience with Tustin's Art in Public Places Program is positive and the result of
our collaboration is a memorable work of art. Together, we make Tustin an exceptional place to
live, work, and visit.
11. CONTACTS
The public art requirement is overseen by the City's Parks and Recreation Department. Certain
questions, however, may be better addressed by the City's Planning or Building Division. Below
is a short list of topics and contact information for your convenience:
Art in Public Places Program, Parks and Recreation Department: Public art requirement;
site selection; artist qualifications; artwork approval process and deadlines; deposit
of artwork funds; public art maintenance, conservation, and replacement
Phone: 714-573-3326
Planning Division, Community Development Department:
Non -artwork related development requirements; new development project lists
Phone: 714-573-3106
Building & Safety Division, Community Development Department:
Building permits for public art installation; questions about estimating and calculating the
total project building valuation (to calculate the required public art allocation)
Phone: 714-573-3131 or 714-573-3132
Code Enforcement Division, Community Development Department:
Notices about compliance with public art maintenance or replacement
Phone: 714-573-3134 or 714-573-3135
III. ART IN PUBLIC PLACES REQUIREMENT OVERVIEW
Developers subject to the Art in Public Places (APP) requirement must select and install
permanent outdoor art at their project site. Development projects with a total project valuation
of between $1,500,000 and $3,999,999 have the option of contributing public art allocation
funds to Tustin's Art Fund in lieu of installing public art at the project site. Development projects
with a total project building valuation of $4,000,000 or more must install public art at the project
site.
Public Art Applications must be approved by the City. Artwork ownership is bound by covenant
to the property in perpetuity and must be maintained by successive property owners. Alteration
or removal of public art must be approved by the City. Modifications to properties that may
impact approved public art may require review and approval by the City.
This Manual provides detailed policy guidelines for public art requirements; describes the art
approval process; establishes requirements for ownership, maintenance, and replacement; and
outlines the process for related approvals for modifications to properties with existing APP public
a rt.
IV. WHICH DEVELOPMENT PROJECTS ARE SUBJECT TO THE
PUBLIC ART REQUIREMENT?
All development projects (exemptions below) with a total project building valuation of
$1,500,000 or more are subject to Tustin's Art in Public Places requirement. Tustin's Building
Department using the International Code Council (ICC) Building Valuation Data table in effect at
the time of building permit issuance calculate the total project building valuation (for
superstructures). Current ICC Building Valuation Data information can be found on ICC's website.
A "development project" consists of:
All structures included on the Uniform Application (part of Tustin's Planning Submittal
Process).
Additional plans submitted to the City within one year of issuance of the Certificate of
Occupancy for previously approved projects that result in additional square footage.
2
Projects are subject to the edition of the APP Policy Manual in effect at the time the first building
permit is issued.
Exemptions:
• Residential development projects of four or fewer dwelling units
• Places of worship
Public facilities constructed by nonprofit organizations [501-(c)(3)] or affordable
housing projects are issued an exemption on a case by case basis. Contact the City for
more information.
Options for meeting the APP requirement are outlined below. For Phased and Master Planned
Development Projects, please see page 4 for special requirements. See page 5 for requirements
for Combining Public Art Funds for Multi -Parcel and Multi -Year Projects.
A Development Projects with a Total Project Building Valuation between
1,500.000 and $3.999.999
All development projects with a total project building valuation of between
$1,500,000 and $3,999,999 are required to:
• Select, purchase, and install permanent outdoor public art at the project site that is.
visible and accessible from public streets
IffeTia
• Contribute an amount equivalent to the minimum required art allocation (see How
Much is the Public Art Allocation? on page 4) to Tustin's Art Fund in lieu of installing
on site public art
1. Contribution to Art Fund in Lieu of On -Site Public Art
The option to contribute to Tustin's Art Fund in lieu of installing artwork at the
project site is available only to projects with a total project building valuation of
between $1,500,000 and $3,999,999. Contributions to Tustin's Art Fund will fund
future public art projects on public lands. For details about how to exercise this
option, please see What are the Steps to Contribute Public Art Funds in Lieu of Art?
on pages 22-24. For submittal deadlines that may impact your construction
schedule, see How do Art Approvals Factor into my Construction Schedule? on
pages 6-8.
Bk Development Projects with a Total Project Building Valuation of
$4.000.000 or More
All development projects with a total project building valuation of $4,000,000 or more
are required to select, purchase, and install permanent outdoor public art at the
project site that is visible and accessible from public streets.
C Acknowledgment of Public Art Requirement
Developers subject to the public art requirement are required to sign and submit the
Acknowledgement of Public Art Requirement (page 35) with Part 1 of the art
application.
D. Phased and Master Planned Development Projects
Any development project that will proceed in phases or with multiple developers or
legal partners will require appointment of a Lead Developer to collaborate with the
City to develop a plan to meet the public art requirement. Developers of these projects
are urged to meet with staff as early in the development process as possible. The plan
shall be submitted for review and approval prior to submittal of Part 1 of the Public Art
Application. The plan shall include:
• Identification of a single contact for the public art requirement
• Project description (e.g. location(s), uses, future owners/tenants, architectural
style, etc.)
• Time line for phases of construction, including a timeframe for artwork installation
• Plans indicating the location(s) and number of public art ,projects
V. HOW MUCH IS THE PUBLIC ART ALLOCATION?
The required public art allocation is calculated as one percent of the total project building
valuation based upon the International Code Council (ICC) Building Valuation Data table in effect
at the time the building permit for each superstructure is issued. Any additional plans submitted
to the City within one year of issuance of the Certificate of Occupancy that result in additional
square footage for a previously approved project will increase the public art allocation for a
project subject to the APP requirement or may trigger the APP requirement if the total project
building valuation reaches $1,500,000.
For custom home developments, the project's total building valuation will be based on an
estimate of the total of. the homes' market values, based on lot size, and the existing housing
market. The public art allocation will be one percent of the market value as calculated byTustin's
Building Department.
For Allowable Expenses from the Public Art Allocation, see page 8. For Verification of Expenses,
see page 9.
A. Confirmation of the Public Art Allocation
Developers shall submit an estimate of the total project building valuation, including
a breakdown of square footage by type of construction and occupancy, with Part 1 of
the application or with the contribution to the Art Fund (option available to projects
with a total project building valuation of between $1,500,000 and $3,999,999 only—
see Contribution to Art Fund in Lieu of On-site Public Art on page 3), whichever is
applicable. Developers may request confirmation of the total project building
valuation from the Building Department following issuance of all building permits for
structures for a project. The public art allocation can only be confirmed by the City
following confirmation of the total project building valuation.
4
B. Exemptions
For some projects, the following two exemptions may apply when calculating the public
art allocation:
1. First Floor of Parking Structures
For projects that include parking structures, the square footage of the first floor of
the structure will not be included in the calculation of total building valuation used
to determine the required public art allocation. This is intended to provide a credit
for the ground level parking that would otherwise be a parking lot. Any floors with
non -parking mixed use will be part of the calculation of the public art allocation.
No exemptions shall be granted for underground parking or buildings that are
combinations of office or retail and parking.
2. Development of Properties with Existing APP Public Art
For development projects valued at $1.5 million or more on properties with an
existing art project in which existing buildings will be demolished and new buildings
constructed, an artwork credit will be given for previously permitted square
footage to account for prior installation of public art created under the Art in Public
Places program. Credit will only be given for existing art in good condition that was
approved. Existing public art must be in the condition originally intended by the
artist and must meet current APP requirements. Credit will not be given for artwork
on the property that does not meet these criteria.
A new public art obligation is required for construction of additional square footage
with a total building valuation of $1,500,000 or more.
C. Combining Public Art Funds for Multi -Parcel and Multi -Year Projects
Should a developer whose project is on multiple parcels or which will proceed in
phases wish to combine or "pool" public art allocation funds for a single art piece, the
developer shall collaborate with the City to develop a plan that includes all items
listed under Phased and Master Planned Development Projects (page 4), as well as
the following:
• A statement that addresses how reducing the number of art work throughout the
development project will benefit future property owners as well as the community
at large
• A description of how the maintenance of the art will be funded, whether multiple
property owners associations will be involved, and a plan for how the art
maintenance financial obligation will be fairly shared if art is on a partner's property
The plan shall be submitted by the developer(s) and approved by the City prior to submittal of
Part 1 of the Public Art Application. The pooled public art allocation for these projects will be
an estimate until the building valuations for structures included are confirmed following
issuance of all building permits.
VI. HOW DO PUBLIC ART APPROVALS FACTOR INTO MY
CONSTRUCTION SCHEDULE?
Described below are required public art approvals that should be considered when determining
construction schedules for projects subject to the APP requirement. Developers are encouraged
to meet with staff early in the development process to discuss options relevant to their project
for satisfying the APP requirement to ensure the public art component proceeds in a timely
manner.
For developers who will install public art, be aware that the Public Art Application is a multi -step
process (for details see What are the Steps for the Application and Approval Process? on pages
18-22). Each part of the application requires review and approval, which can take up to 30
working days following submittal. Incomplete submittals will delay the process.
For projects with a total project building valuation of between $1,500,000 and $3,999,999 who
opt to contribute the public art allocation to Tustin's Art Fund in lieu of installing public art at the
project site, deadlines also apply that should be considered when determining the construction
schedule for a project. Please see below for details.
A. Public Art Aaarovals Required Prior to Issuance of Building Permits
No building permit shall be issued for a structure of a development project subject to
the Art in Public Places requirement without satisfaction of the requirements listed
below.
1. For Projects Installing Art at the Project Site
• Meeting with staff (see page 18 for details)
• Submittal of all required materials for Part 1: Project Overview and Artist
Qualifications of the Public Art Application (page 19)
• Approval of Part 1: Project Overview and Artist Qualifications by the City and,
in some cases, the Art in Public Places Advisory Committee
2. For Projects Contributing Public Art Allocation Funds in Lieu of Installing Art
• Submittal of Developers Acknowledgment of APP Requirement (page 35)
• Submittal of Notification to Contribute Public Art Funds in Lieu of On -Site Art
Installation (see pages 23-24 for details)
B. Public Art Aaarovals Reauired within Six Months of Issuance of Buildina
Permits
For development projects subject to the Art in Public Places requirement, the
requirements below must be satisfied within six months of issuance of building
permits. Noncompliance will result in the issuance of a stop work notice and the
project will be subject to administrative penalties.
1. For Projects Installing Art at the Project Site
• Submittal of all required materials for Part 2: Public Art Plan (pages 19-20) of the
art application
9
• Scheduling of a meeting date for review and approval of Part 2: Public Art Plan
by Art in Public Places Advisory Committee (committee review meeting dates
are set within 30 working days of submittal of a complete application)
2. For Projects Contributing Public Art Allocation Funds in Lieu of Installing Art
• Site Plan
• Breakdown of square footage by type of construction and occupancy
• Contribution of the confirmed public art allocation amount to Tustin's Art Fund
(see Confirmation of the Public Art Allocation on page 4)
C. Public Art Approvals Required Prior to Issuance of Certificates of
Occupancy
No Certificate of Occupancy shall be issued for a development project subject to the
Art in Public Places requirement without satisfaction of the requirements listed below.
1. For Projects Installing Art at the Project Site
• Securing a building permit for approved art and related components
• Installation of approved art and fulfillment of all related APP requirements
• Public art inspection by the City
• Submittal of all required materials for Part 3: Public Art Inspection and Final
Report (page 20) of the Public Art Application
• City approval of Part 3: Public Art Inspection and Final Report by the City and,
in some cases, the Art in Public Places Advisory Committee
If the items above have not been satisfied, developers have the option of depositing
public art funds in trust with the City to release a Temporary Certificates of Occupancy.
Please see below for details.
a. Issuance of Temporary Certificate of Occupancy and Depositing Public Funds in
Trust
In the event all APP requirements have not been satisfied prior to application
for a Certificate of Occupancy, a developer may submit a written request to
deposit their public art allocation in trust with the City for the completion of
approved art piece. Deposit of public art funds by a developer shall allow the
release of a Temporary Certificate of Occupancy for the project. Please be
aware that requests to deposit public art funds to be held in trust with the City
may take up to 30 working days to process prior to release of the Temporary
Certificate of Occupancy.
Requests to deposit public art funds shall include a timeframe for satisfaction
of all public art requirements and documentation of payments made to date.
Following the deposit of public art funds, the developer shall submit
invoices/requests for payments to artists and related contractors to the City for
disbursement from public art funds held in trust. Requests for disbursement
require approval by the developer; therefore, artists and contractors may not
submit invoices directly to the City. Disbursements from funds held in trust will
take 10 to 14 working days from receipt of a written request. No interest will
7
be paid on funds held in trust.
If this option is selected, all public art requirements must be satisfied within one
year of the date of deposit. If all requirements have not been satisfied within
one year, the City shall then control the decision-making regarding the funds in
trust and completion of the public art project.
2. For Projects Contributing Public Art Allocation Funds in Lieu of Installing Artwork
• Contribution of any outstanding amount (if applicable) of the confirmed public
art allocation amount to Tustin's Art Fund
VII. WHAT EXPENSES ARE ALLOWED FROM THE PUBLIC ART
ALLOCATION?
Only expenses directly related to the design, fabrication, and installation of artwork are
permitted to be paid from the public art allocation. No credit will be given for the value of the
public art should it be appraised at more than the amount paid bythe owner. The appraised value
of public art cannot be used in lieu of the contract amount paid to the artist for the commission
or sale of the artwork to meet the minimum required public art allocation.
A. Allowable Expenses from the Public Art Allocation
• Artist fees
• Materials
• Fabrication of the artwork
• Transportation of the artwork
• Base, mounting, or pedestal for the artwork (if applicable)
• Engineering for the artwork
• Building permits for installation of the artwork
• Identification plaque for the art
• Lighting instruments specifically lighting the artwork (if applicable)
• Installation of the art
• Motors or subterranean equipment directly necessary for installation of the art
• Water related costs for artwork that includes artist designed water features
(restrictions apply, see page 16) not to exceed 30 percent of the public art
allocation
• Art consultant fees (if applicable) not to exceed a maximum of 20 percent of public
art allocation (developers may negotiate an hourly rate for an art consultant's
services)
• Any fees paid to public art experts (e.g. art conservators, qualified appraisers, etc.)
required by the City or Commission (if applicable)
B. Expenses Not Allowed from the Public Art Allocation
• Expenses to locate the artist (e.g. airfare for artist interviews, etc.)
• Architect, landscape architect, or other design professional fees
• Public Art site preparation (e.g. grading, demolition, or removal of other
E?
items/structures, running electrical to public art site, etc.)
• Landscaping around the artwork
• Items around the artwork not conceptualized, designed, and fabricated by a
qualified artist, including, but not limited to:
• Prefabricated water features
• Ornamental or decorative items in the area around the public art
• Hardscape and seating
• Utility fees associated with activating electronic or water generated artwork
• Lighting elements not integral to the illumination of the artwork
• Publicity, public relations, photographs, educational materials, business letterhead,
or logos bearing the artist's image
• Dedication ceremonies, including artwork unveilings or grand openings
C. Verification of Exl2enses
Developers shall submit a final budget with Part 3 of the Public Art Application. Public
art expenses must meet or exceed the required minimum public art allocation. The City
may request submittal of copies of financial records in a form acceptable to the City
that document allowable artwork expenses paid from the public art allocation.
VIII. WHAT ARE THE REQUIREMENTS FOR SELECTING AN ARTIST?
Developers select artists for their projects, which they may do independently or with the
assistance of an art consultant. The City does not maintain a list of approved artists. Selected
artists must meet the City's qualification requirements described below. Artists' past public art
commissions, including the contract amount paid to the artist, will be verified by the City as part
of the artist approval process.
A. Artist Qualifications
An artist must be recognized by critics and peers as a professional practitioner of the
visual arts. To assess the qualifications of an artist the Commission will consider the
following:
• Artist's body of work
• Educational background
• Formal training
• Past and current large scale (5 feet or larger) outdoor public art commissions
• Sales of work
• Exhibition records
• Publications
Artists must also have experience in the following areas:
• Successfully collaborating with design teams, architects, art consultants,
developers, engineers, fabricators, and landscape architects
• Meeting scheduled deadlines
• Negotiating and contracting their work responsibly
• Conceptualizing, designing, fabricating, and installing large-scale outdoor art
work similar in scope to the. proposed public art
a
• The ability to demonstrate long-term outdoor durability of selected materials
Artists shall have the experience and expertise to create site-specific public art after
consideration of contextual issues related to the development project site, including:
• Architectural style
• Future use and users of the development project
• The community
• The proposed art work in terms of its placement within APP Collection
1. Verification of Artist's Past Public Art Commissions
Artists must be able to verify the value of the proposed artwork based on
previous and current public commissions. A list of past comparable
commissions or artwork sold (e.g. similar in scope, materials, size, etc. to the
proposed artwork) shall be submitted with Part 1 of the Public Art Application.
The list of past commissions shall document amounts paid for similar artwork
by the artist that progressively increases toward or exceeds the commission
amount for the proposed art.
Current contact information for past commissions is required for value
verification. Incomplete or inaccurate information may cause delays in the
approval process. The City may request additional records documenting past
commission amounts paid, including but not limited to, sales contracts,
invoices, and cancelled checks. Gallery list prices or asking prices of works are
not necessarily comparable. Therefore, gallery list prices and asking prices are
not acceptable for value verification of the proposed artwork.
If the value of the proposed artwork cannot be verified based on the
information submitted, the City may choose, at its sole discretion, to have the
artist's proposal and/or other completed works appraised by a qualified art
appraiser. This expenditure shall be counted toward the total public art
allocation and shall be borne by the developer. The appraised value of artwork
cannot be used in lieu of the contract amount paid to the artist for the
commission or sale of artwork to meet the minimum required public art
allocation. Please see What Expenses are Allowed from the Public Art
Allocation? on page 8 for more information.
2. Contracts
Developers shall submit an unsigned copy of the contract with the artist with
Part 1 of the Public Art Application. Developers and artists may choose to
modify their contracts following feedback received after review by the City. The
final contract with the artist shall include the Comprehensive Maintenance Plan
(page 15). Following approval by the City, the developer shall submit a copy of
the final signed contract with Part 2 of the Public Art Application.
10
IX. WHAT ARE THE REQUIREMENTS FOR SELECTING AN ART
CONSULTANT?
Developers have the option of hiring a qualified, experienced public art consultant to facilitate
artist selection, manage the Public Art Application process, manage artwork installation, and
ensure all APP requirements have been satisfied. Submittal of an art consultant's current resume
is required with Part 1 of the application. Only fees paid to qualified art consultants will be
allowed. Developers may negotiate an hourly rate with art consultants. Art consultant fees are
not to exceed 20 percent of the public art allocation.
Selected art consultants must meet the following qualification requirements:
• Recognition as a professional in the field of public art by peers and other design
professionals
• Educational background and training in public art
• Paid experience consulting for public art projects similar in scope to the proposed
artwork
• Expertise about public artists, installation requirements, public art approval processes,
and management of the artwork installation process
• Experience responsibly negotiating their work, the work of artists, and artist's
contractors
X. WHAT DO I NEED TO CONSIDER WHEN SELECTING A PUBLIC
ART SITE?
Every development site is different, so selecting a location for public art will vary based on the
design, use, and other features of the project site. Developers shall determine the location for
the artwork that is most appropriate for their project. There are, however, several requirements
that must be satisfied when selecting the location.
A. Visibility
One of the goals of the program is to ensure the artwork is visually accessible to every
member of the community. Therefore, visibility to the general public is a key criterion
in approval of artwork location. The location of the public art is to be indicated on the
project's site plan.
Public Art is to be:
• Located outdoors at the project site
• Easily visible to both motorists and pedestrians
• Not greater than 50 feet from a public street
• Artwork may not be placed near: signage (temporary or permanent—see
details below), sign walls, bus benches, utility boxes, electrical/telephone poles,
mail boxes, or items (either on or off the property) that may impede the public's
view or diminish the aesthetic value of the artwork
Exceptions will be considered by the City for large open or enclosed high -traffic public
areas, such as shopping malls, which may request to place their artwork(s) in an interior
public location. Submittal of a written request for an exception to the requirement is
11
required. The request shall be submitted with Part 1 of the Public Art Application and
include a description of how an interior placement of artwork meets the spirit and
intent of the program.
B. Signage
Lettering, symbols, and/or signage are not permitted upon the artwork or its
foundation except as intended by the artist. Permanent or temporary signage of any
type is not permissible on or within proximity of the artwork. This includes the
foreground, background, or adjacent areas of the art. Signage should not distract or
diminish the aesthetics of the art when the public views the work from the most
accessible vantage points (e.g. intersections, entryways). The Committee will review
signage plans with Part 1 of the application and may ask the applicant to provide
alternative locations should the signage interrupt the public's view.
Exceptions for signage within proximity of public art for certain development projects,
such as in -fill and mixed use, will be considered by the City on a case by case basis. If
such an exemption is needed for the project, please contact staff as early as possible
in the development process to discuss the specifics of the project. Submittal of a
written request for an exception to the requirement is required. The request shall be
submitted with Part 1 of the application.
C. Landscaaing
The artwork and any base shall be well integrated with the surrounding soft scape and
hardscape. The artist shall collaborate with the landscape architect to develop a
landscape plan suitable for the area surrounding the public art, as well as areas
approachingthe art to ensure a clearview of the artwork. Long-term maintenance (e.g.
avoiding trees/shrubs that attract birds that leave guano, dripping sap, present/future
height impacting view of artwork, etc.) should be considered when selecting plant
material. Native and drought resistant plants are encouraged. Please contact the City's
Planning Division (page 2) for additional landscaping requirements.
The Commission will review all landscape and irrigation plans and ask the applicant to
provide alternatives should the landscaping interrupt the public's view or negatively
impact the long term maintenance of the public art. A landscape plan shall be included
with Part 2 of the application.
D. Irri action
All sprinklers and irrigation devices shall be directed away from the artwork to prevent
damage. An irrigation plan shall be included with Part 2 of the application.
E. Easements/Encroachments
The developer is responsible for ensuring the proposed public art site is available and
appropriate for permanent installation of a large scale public art. Any permission
needed due to Orange County Transit Authority (OCTA), County, or City easements or
encroachments must be arranged prior to submittal of the proposed artwork site with
Part 1 of the application.
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XI. WHAT ARE THE REQUIREMENTS FOR PUBLIC ART?
Public art is conceptualized and designed by qualified artists. The following requirements and
related art application submittals were developed to help ensure proposed art meets the goals of
the program.
A. Artistic Exaression and Innovation
Artists shall demonstrate how proposed art will effectively engage the public and invite
a "second look." Works engaging to the public are often described as thought
provoking, inspiring, entertaining, clever, whimsical, powerful, reflective, or symbolic.
Innovation and originality are encouraged and expected. The proposed artwork should
contribute to the diversity of the existing APP Collection.
Public art shall be well integrated with the architecture or style of the development
project. Future use and users of the project shall also be considered. Artwork should
be appropriate in scale, material, form, and content to the social and physical
environments.
The Committee takes interest in the artist's creative thought process in relationship to
the specific development project. Therefore, existing works are not encouraged. The
following will be considered by the Committee:
• Expressive properties (mood, feeling, message, symbolism)
• Formal properties (balance, emphasis/dominance, repetition/rhythm, unity,
form/shape, texture, color)
• Relation of the proposed artwork to the artist's body of work
• Context (response to site, architectural style, use of project, community, APP
Collection)
• Artist's collaboration (when applicable) with other design professionals, the art
consultant(s), the developer(s), and any resulting impact on the
conceptualization and design of the proposed art
B. Scale and Content
Art must be monumental in scale. Monumental is defined as 5 feet or larger in one
dimension. Below are examples of types of artwork that would not be approved by the
Committee. This list is not comprehensive, but is provided for illustrative purposes.
1. Examples of Unacceptable Artwork
• Decorative or ornamental pieces that are not conceptualized, designed, and
fabricated by a qualified artist, such as: "off the shelf" decorative items, like
garden artwork; historical markers or bells; bell towers; obelisks; architectural
ornamentation or enhancements; art as advertisements or commercial signage
mixed with imagery; and busts or statuary memorials are generally not
encouraged and will be subject to additional review criteria (see page 30,
Donations of Artwork to the City).
• Mass produced reproductions or replicas of original works of art. Exceptions
are signed artwork by the original artist for reproduction (edition limit: five).
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• Functional equipment, which may be considered part of an amenities package
such as benches, chairs, fountains (for water feature requirements, see page
16), etc. except as conceptualized, designed, and fabricated by a qualified artist.
C. Materials
Public art is to be constructed of durable, long-lasting materials that are able to withstand
permanent outdoor display and require low levels of maintenance.
1. Recommended materials:
• Bronze
• Stainless steel
• High-grade aluminum
• Hard stone
• Tile
2. Materials not recommended:
• Cor -ten steel
• Wood
• Soft stone (e.g. alabaster)
• Resins/Composites
• Fiberglass
• Rebar will not be acceptable for internal support of artwork
If applicants opt to submit a proposal for a public art made from materials listed as "not
recommended," the applicant must demonstrate the long-term durability and suitability
for permanent outdoor display with a low level of maintenance. Other materials not listed
may be considered if use in permanent outdoor public art can be documented and
durability for permanent outdoor display can be demonstrated.
D. Permanence and Durability
Artists must be able to clearly demonstrate the quality, craftsmanship, and durability of
their art. Substantial consideration shall be given to:
• Permanence and weathering
• Structural and surface integrity and stability
• Resistance against theft and vandalism
• The probability of excessive maintenance and repair costs
Rust proof materials must be used. Artists will be asked to provide a breakdown by
percentage of metal alloys for bronzes. Thickness and grade/quality of steel works will be
reviewed for rust proof durability. Artists shall ensure materials, armature, and connection
points (including nuts, bolts, and other metal fixtures) that will be in contact with each
other do not produce oxidation and rust. Additional documentation verifying the durability
of materials may be requested as part of the approval process.
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E. Maintenance
Artists should consider the cost and feasibility of long-term maintenance for their
artwork and are urged to use the lowest maintenance options available. Art that
includes materials that require frequent upkeep or replacement will not be approved.
1. Comprehensive Maintenance Plan
A Comprehensive Maintenance Plan shall be included in the covenant or
Covenants, Conditions, and Restrictions (CC&Rs) and submitted with Part 2 of
the application. The artist's contract shall specify the timeframe during which
the artist will perform maintenance or repairs (typically one year).
The Comprehensive Maintenance Plan shall include:
• Methods of cleaning, including the type of cleaning agent(s) and tools to be
used (be specific); how to apply cleaning agents, wax, or other materials;
number of coats and drying time; whether the work can be performed by a
general maintenance service or must be performed by a professional art
conservation service
• Frequency and cost estimates (current) for short term and long term
maintenance, including labor, parts, and refinishing/repainting, etc.
• Materials, finishes, sealants, manufacturers' parts cut sheets, brands and
mixes of pigment, color samples, bolts, and other materials
• Lighting plan, lighting instrument cut sheets, manufacturer's
information, wattage and type of bulb, timer cut sheets (if applicable)
• Fabricator, foundry, manufacturer, and subcontractor (as applicable)
contact information, websites/email addresses, and addresses
• Designs/plans (if applicable)
• Availability of molds, replacement parts, motors, etc. (if applicable) and
current costs
• Instructions for removal, crating, and transportation, if necessary, for short
term or long term maintenance (note: removal must be approved by the
City)
• Description of vandal and theft resistance measures
Art shall be cleaned on the property where the public art is permanently installed.
unless otherwise agreed upon by the City. The City prohibits removing artwork from
the site for any reason without explicit authorization (see Temporary Removal of Public
Art, pages 25-27, and Relocation or Permanent Removal of Public Art, pages 27-28). -
Artists are urged to consider the environmental impact of the fabrication of their
artwork and the materials used and seek options with the least impact available.
F. Recordation of Public Art Ownership and Maintenance Obligation
Developers are required to file a covenant, CC&R, or other form reasonably approved
by the City Attorney (as applicable to the project) binding on successors to title to the
subject property. The document shall include:
• Art ownership requirements (pages 24-29)
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• The Comprehensive Maintenance Plan (page 15)
• The source of funding for ongoing maintenance or replacement of the public art
A draft of the document shall be submitted with Part 2 of the application. A copy of the
recorded covenant shall be submitted with Part 3 of the application.
G. Public Liability and Safety
Public art will be displayed along major public streets. Public art must not disrupt traffic
or create unsafe conditions or distractions to motorists and pedestrians that may
expose the City or property owner to liability. Consideration should be given to sharp
or protruding edges that may pose a danger to pedestrians. Attention should also be
given to durability and ability to withstand weight, as property owners are held
responsible for repairs resulting from persons climbing, sitting, or otherwise damaging
the artwork.
H. Artist Warranties of Title and Originality
The artist shall sign the Artist Warranties of Title and Originality (page 38) attesting to
authorship of the artwork, which shall be submitted with Part 3 of the application.
I. Multiple Editions
Public art that is not unique must be an edition of five or fewer. If the proposed art is
one of multiple editions, the applicant shall include the edition number of the piece
and provide the location of all other editions. To maintain the value of the proposed
work, similar editions may not be publicly displayed within a 50 -mile radius of the
Tustin project site without approval of the Art in Public Places Advisory Committee.
J. Water Features and Fountains
Water feature art or art requiring water, must be conceptualized and designed by an
approved, qualified artist in order to be considered. The art must stand on its own
should the water cease to function properly. There must be a demonstrated
collaboration between the artist and the water feature design company.
Water related costs, such as pump and pool construction, will be evaluated by the
Committee for consideration as part of the overall public art allocation. Developers are
welcome to exceed the minimum required allocation to construct a water feature.
However, water features will not be accepted in lieu of the Art in Public Places art
requirement. No more than 30 percent of the total public art allocation may be utilized
for artist designed water -related costs.
K. Kinetic Artwork
Artists must demonstrate that kinetic artwork will move as intended. Artists shall
clearly define the type, degree, and frequency of movement, as well as what to expect
under a variety of conditions (e.g. the amount of wind needed for wind artwork, what
to expect under average wind conditions in Tustin, etc.). Should the artwork cease to
move, the artist must demonstrate that the art will stand on its own. Input from
related experts may be requested by the City and/or Committee to confirm the artist's
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design and selected materials will move as the artist intends.
L. Lighting and Electrical
Artists are to provide a lighting plan indicating the location of lighting instruments, the
type of instrument (manufacturer cut sheets), and wattage and type of bulb with Part
2 of the Public Art Application.
Public art shall be lit from dusk to dawn. Lighting and electronic elements not integral
to the artwork will not be included as part of the public art allocation. Review of lighting
instruments and other electrical components may be required as part of the building
permit process for installation of the artwork.
Artists must select energy efficient lighting instruments, bulbs, and timers.
M. Artwork Base, Structural Engineering. and Building Permits
Proposed artwork may be required to be permanently secured to a base. A licensed
professional engineer must approve and certify the installation plans as structurally
sound, safe, and durable. Installation plans approved by a licensed professional
engineer shall be submitted with Part 2 of the Public Art Application. The base shall
house only the art, identification plaque, and lighting instruments for the artwork. A
building permit is required for the installation of all public art and related lighting
components.
N. Identification Plaaue
Some artwork may be required to be identified by a cast bronze plaque approximately
8 inches x 8 inches. The artist shall designate the plaque location, which shall be
permanently installed, using theft -proof techniques, in a ground location near the art
or on the base and list only the following:
• Artwork title
• Artist's name
• Installation date
The Commission must approve any additional plaques that may be requested.
O. Public Art Expert and Community Input
For some proposed artwork, input by third party experts (e.g. engineers, art
conservators, etc.) may be requested by the City or the Committee. The Committee
may also request input from the community at large. The expense for these services is
to be borne by the developer, and is an allowable expense from the public art
allocation.
P. Unveiling Plans
The developer shall contact the City of Tustin's Parks and Recreation Department
regarding any unveiling or dedication ceremonies for the public art. An unveiling or
dedication is optional. In the event the developer chooses to conduct an unveiling or
dedication, City staff shall, upon request, provide the developer with an invitation list
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of City Council Members, Commissioners, Art in Public Places Advisory Committee
members, and other appropriate guests. City staff shall work with the developer to
promote press opportunities and public interest in the artwork.
�il kill OFF -11 * 0 . 6
Below are descriptions of submittals and approvals required for each step of the approval
process. For the required submittals for developers of projects with a total project
valuation of between $1,500,000 and $3,999,999 who opt to contribute public art
allocation funds in lieu of installing art at the project site, see What are the Steps to
Contribute Public Art Funds in Lieu of Art? on pages 23-24.
A. Meeting with APP Staff
Developers shall contact City staff as early as possible in the development process to
schedule a meeting to discuss Art in Public Places requirements, the application
process, the Committee approval process, and their development project. This meeting
is required prior to submittal of Part 1 of the application and prior to issuance of
building permits.
B. Submittal of Public Art Apalication Materials
The application process includes submittal of a three-part application. Developers are
encouraged to meet with staff to review application materials prior to formal submittal
to ensure all requirements have been met. City staff reviews all materials submitted
and advises the developer of any incomplete items.
Review and approval of each part of the application will take up to 30 working days. If
any items are found incomplete, the review period will not begin until all outstanding
items are received.
1. Public Art Application Part 1: Project Overview and Artist Qualifications
Part 1 of the application requires administrative review and approval by the City
upon receipt of all required materials. Committee review and approval may be
necessary for some development projects, such as phased and master planned
projects or for projects with special circumstances (e.g. Requests for Exceptions to
Public Art Requirements, pages 21-22). Approval is required prior to issuance of
building permits for the project, unless otherwise agreed to by the City.
Submittal of two hardcopies of application materials is required. In the event
Committee review and approval are required, six hardcopies of the application
materials will be required. The Committee review meeting will be scheduled within
30 working days of receipt of a complete application packet. For ease of use, please
include a table of contents, page numbers, and titles for each section of the
application materials.
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A. Required Submittals for Part 1 of the Public Art Application
1. Art in Public Places Application Coversheet (Appendix C, page 36)
2. Developer signed copy of Developer Acknowledgement of APP
Requirement (Appendix B, page 35)
3. Description of the development project, including architectural style, use,
location, architectural renderings, location indicated on a map (e.g. Google
maps)
4. Site plan (to scale) indicating the proposed location of the public art
5. Photographs of proposed artwork site taken from different perspectives
(e.g. approaching site from major streets, ingress/egress of proposed public
art site)
6. Signage plan for area around proposed art site
7. Breakdown of square footage by type of construction and occupancy and
developer's estimate of the public art allocation
8. Artist's current resume
9. Completed Artist's History of Public Art Commissions (page 37) (if contact
information is incomplete or erroneous, the application will be returned as
incomplete)
10. Photos, descriptions, and locations of past works (corresponding
Completed Artist's History of Public Art Commissions; additional works of
similar scope and materials may also be included)
11. Other collateral (reviews, critiques, articles) of artist's pastworks
12. Unsigned copy of the contract with the artist
13. Art consultant's current resume (if applicable)
2. Public Art Application Part 2: Art Plan
Developers must submit all required items for Part 2 of the application and
schedule the Committee review meeting within six months of issuance of building
permits, unless otherwise agreed to by the City. Noncompliance will result in the
issuance of a stop work notice and the project will be subject to administrative
penalties and civil remedies per Tustin City Code, unless otherwise agreed to by the
City.
Developers are encouraged to meet with staff to review application materials prior
to submittal. Submittal of six hard copies of the application materials is required.
For ease of use, please include a table of contents, page numbers, and titles for
each section of the application materials. Approval of Part 2 of the Public Art
Application is required prior to issuance of the building permit for the artwork.
A. Required Submittals for Part 2 of the Public Art Application
1. A copy of the Part 1: Project Overview & Artist Qualifications (above), as
approved
2. Artist Warranties of Title and Originality (page 38), signed by the artist
3. Artist's rendering of proposed artwork
4. Rendering of proposed artwork clearly showing the art in relation to the
site/building, as the public at ground level would see it (additional
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perspectives approaching from major streets, ingresses/egresses are also
helpful)
5. Distance between art and public street
6. Physical description of the proposed artwork, including dimensions,.
materials, and finishes
7. Samples of materials and finishes
8. Artist statements addressing:
a. Concept/vision of the artwork
b. Statement addressing how the proposed artwork fits within the body of
the artist's work
c. Statement addressing the context of the proposed artwork relative to
the development project site, including architectural style, future use
and users of the development project; the community; and the overall
APP Collection
9. Landscape plan and irrigation plan (including placement, direction, and type
of sprinklers)
10. Lighting plan indicating the placement and direction of lighting
11. Lighting instrument cut sheets and type and wattage of bulbs
12. Art installation plan
13. Licensed professional engineer's approval of installation plans (if applicable)
14. Projected Public Art Allocation Budget
15. Signed copy of artist's contract
16. Comprehensive Maintenance Plan (page 15)
17. Draft of the CC&R or other covenant to be filed with the county (whichever
is applicable) describing artwork ownership responsibilities and the
maintenance funding source (the final executed copy should also include
the approved Comprehensive Maintenance Plan provided by the artist)
18. Target date for installation
19. Unveiling or dedication plans (if applicable)
3. Part 3: Inspection and Final Report
Administrative review and approval of Part 3 of the application by the City is
required prior to issuance of Certificates of Occupancy for projects subject to
the APP requirement, unless otherwise agreed to by the City. Submittal of two
hard copies of the application materials is required. Documentation of
allowable public art allocation expenses may be requested by the City as part
of the verification of expenses process (see Verification of Expenses, page 9).
For some development projects, Committee review and approval may
necessary. In those cases, submittal of six hard copies of the application
materials is required.
If the artwork has not been installed and Part 3 of the Public Art Application has
not been submitted and approved prior to the need for the project's Certificate
of Occupancy, the developer has the option of depositing their public art
allocation in trust with the City in order to obtain a temporary Certificate of
Occupancy pending satisfaction of all APP requirements (for Issuance of
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Temporary Certificate of Occupancy and Depositing Public Art Funds in Trust,
pages 7-8). It may take up to 30 working days for approval of the request to
deposit public art funds in trust to obtain a temporary Certificate of Occupancy.
A. Reouired Submittals for Part 3 of the Public Art Application
1. Request for Public Art Inspection
2. Finalized Public Art Allocation Budget
3. Final copy of the CC&R or covenant (whichever . is applicable) as
recorded with County Recorder describing the public art ownership
obligation, maintenance funding source, and approved Comprehensive
Maintenance Plan
C. Art in Public Places Advisory Committee Review
The Art in Public Places Advisory Committee is the formal body responsible for
reviewing and approving proposed public art and ensuring Art in Public Places
proposals meet program requirements. The Committee application review checklist
can be found on page 43-45. Please see pages 30-31 for a full description of the
Committee and its responsibilities.
Developers, along with their art consultants (if applicable), and artists shall present
application materials and be prepared to answer questions at the Committee Public
Art Application review meeting. It is important for the developer to be present at the
meeting to receive the Committee's comments and suggestions should the application
not be approved in full. The Committee retains the right to ask the developer, artist,
and/or art consultant to provide further information or demonstrate how the Public
Art Application meets the review criteria prior to giving their final decision. It may be
necessary to reconvene the meeting at a later date to review a revised application.
1. Scheduling the Committee Review
Following submittal of required application materials (see What Are the Steps for
the Public Art Application and Approval Process? pages 18-22), staff will notify the
developer of the date, time, and location of the Art in Public Places Advisory
Committee review meeting. Committee review and approval is required for Part 2
of the application and may be required for Parts 1 and 3 of the application in some
circumstances, such as requests for exceptions to any APP requirements.
Developers will be advised by staff of whether Parts 1 and 3 will require review and
approval by the Committee. The Committee shall meet within 30 working days of
the date all application materials are submitted in their complete form.
2. Requests for Exceptions to Public Art Requirements
Exceptions to Art in Public Places Program requirements are rarely granted and
when given, are granted for only highly compelling reasons. Developers wishing to
request an exception to an APP requirement are advised to discuss this with staff
as early in the project planning process as possible, as delays in the public art
approval process may affect a project's construction timeframe (see How Do
Approvals Factor into My Construction Schedule? on pages 6-8). All such requests
must be made in writing, must include documentation describing the reason for
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the request, and must address how the proposal still meets the spirit and intent of
the Art in Public Places Program. Requests for exceptions to APP requirements shall
be reviewed and approved by the City and/or Art in Public Places Advisory
Committee, which can take up to 30 working days.
D. Notification and Follow -Up
The developer shall be notified in writing of the Committee's decision within 14
working days of the review meeting. If the artwork is approved, any outstanding items
must be submitted prior to installation of the artwork. If the Public Art Application is
not approved, the reason(s) for denial will be noted, including possible modifications
or additions that could lead to approval. Should the developer and/or artist modify
their Public Art Application, it may be resubmitted to the . Committee for
reconsideration, and the Committee will reconvene to review modified Public Art
Application materials within 30 working days of submittal. Staff will notify the
developer of the date, time, and location of the Committee review meeting.
1. If the Public Art Application Is Not Approved
If one part or all of the application is not approved, developers have the
following options:
• Accept the Committee's recommendations and make the requested
modifications.
• Select a different artist to create a new design and begin the application
process again.
• Appeal the Committee's decision to the Community Services Commission
(see Appeal Process below).
• Submit a final appeal to the Tustin City Council, if the Community Services
Commission does not approve the initial appeal (see Appeal Process below).
2. The Appeal Process
The developer must file a written appeal with the Community Services
Commission within 14 working days of notification of the Art in Public Places
Advisory Committee's decision. The City does not grant an unlimited number of
appeals. All items being appealed should be addressed in the written appeal.
Upon filing an appeal, the Director of Parks and Recreation Services shall set
the hearing date and time and notify the applicant. The Community Services
Commission will receive the original application, written reports, and the
appeal request. The Commission may affirm, reverse, or modify in whole or in
part any Committee decision or requirement. Tustin City Council shall only
review appeals which are denied by the Commission. A written appeal to the
Tustin City Council must be filed with the City Clerk within 14 working days of
the Commission's decision. Tustin City Council's decision shall be final and
conclusive.
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XIII. WHAT ARE THE STEPS FOR CONTRIBUTING TUSTIN ART
FUNDS IN LIEU OF INSTALLING PUBLIC ART?
The option to contribute to Tustin's Art Fund in lieu of installing public art at the project site is
available to projects with a total project building valuation of between $1,500,000 and
$3,999,999. Funds contributed to Tustin's Art Fund will be used for future public art projects on
public lands. This option is voluntary and no interest will be paid on public art allocation funds
contributed that are returned to developers for any reason. Following contribution of the total
public art allocation amount, the APP requirement will be deemed satisfied by the City unless
additional plans increasing the square footage of the project are submitted within one year of
issuance of the Certificate of Occupancy (see Which Development Projects are Subject to the
Public Art Requirement on pages 2-4).
For developers of eligible development projects who wish to exercise this option, steps and
relevant deadlines are described below.
A. Step 1: Notification to Contribute Public Art Allocation Funds
For eligible development projects who wish to contribute public art allocation funds in
lieu of installing artwork, the following items must be submitted prior to issuance of
building permits, unless otherwise agreed to by the City:
1. Developer Acknowledgment of APP Requirement (page 35)
2. Notification to Contribute Public Art Funds in Lieu of On -Site Public Art
Installation
Eligible developers must submit a written notification, signed and dated by the
developer(s) of the project, signifying their wish to contribute the full amount
of the required public art allocation for the project in lieu of installing artwork
at the project site. The notification must include a statement acknowledging
that the public art allocation amount contributed to meet the Art in Public
Places requirement for the project is subject to change should any additional
plans be submitted to the City within one year of issuance of the Certificate of
Occupancy that result in additional square footage for the previously approved
project. The notification must also include a statement acknowledging that no
interest will be paid on public art allocation funds returned for any reason.
B. Step 2: Confirmation of Public Art Allocation Amount
Prior to contributing the total public art allocation amount for a project to Tustin's Art
Fund, developers must confirm the total project building valuation. Requests for
confirmation of the total project building valuation may be submitted following
issuance of building permits for all structures of a project (see Confirmation of the
Public Art Allocation on page 4). Submittal of following items is required:
1. Site plan for the project
2. Breakdown of square footage by type of construction and occupancy for the
project
3. Request to confirm the total project building valuation
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C. Step 3: Contribution of Tustin Art Funds
The items below must be submitted within six months of issuance of building permits,
unless otherwise agreed to by the City. Noncompliance will result in the issuance of a
stop work notice and the project will be subject to administrative penalties and civil
remedies per Tustin City Code.
1. Contribution in an amount equivalent to the total public art allocation for the
project
D. Step 4: Contribution of Outstanding Public Art Allocation Funds (if
applicable)
If, for any reason, the total public art allocation amount has not been contributed to
Tustin's Art Fund within six months of issuance of building permits, any outstanding
amount must be contributed prior to issuance of the Certificate of Occupancy.
XIV.WHO IS RESPONSIBLE FOR PUBLIC ART
MAINTENANCE?
Public art is installed by developers and is to remain on the property in perpetuity. Property
owners and their successors in interest are legally responsible for maintaining their public art in
the condition intended by the artist as approved by the City and are responsible for replacing the
artwork should it be damaged beyond repair, destroyed, or stolen.
The Community Services Commission or its designee shall inspect each art piece for damage or
maintenance concerns. Property owners will be informed of the results of inspections, including
needed maintenance or repair. Property owners will be subject to Code Enforcement action for
failure to comply with the maintenance requirements of this program.
A. Public Art Ownership Responsibilities
Property owners shall complete needed maintenance, restoration, repairs, etc. within
30 days of notification by the City, unless otherwise agreed to by the City. Property
owners shall notify the City when needed maintenance has been completed. Staff will
inspect the artwork to ensure all APP maintenance requirements have been satisfied.
Maintenance not completed within this timeframe is subject to Code Enforcement
action and may delay future issuance of building permits or Certificates of Occupancy,
unless otherwise agreed to by the City.
1. Ongoing Maintenance
Public art shall be maintained according to the artist's instructions provided in the
Comprehensive Maintenance Plan, including, but not limited to recommended
frequencies for:
• Cleaning
• Waxing
• Repainting (if applicable)
• Replacement of parts
The following maintenance conditions must be maintained at all times:
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• Clean and damage free
• Landscape, hardscape, signage (permanent or temporary), etc. do not
interfere with or detract from the view of the artwork
• Sprinkler spray is directed away from artwork
• Water, electronic, and kinetic art are in good working order
• Artwork is lit according to the approved lighting plan during evening and
nighttime hours
• Lighting fixtures used to illuminate public art are in good working condition
and meet all current safety standards
• Public art identification plaques remain in the location designated by the
artist or are replaced according to City requirements if damaged or stolen
• Public art shall be cleaned on the property where the art is permanently
installed, unless agreed upon by the City. The City prohibits removing
artwork from the site for any reason without explicit, written authorization.
a. Funding of Maintenance
Developers and/or property owners are required to establish and maintain
a source of funding to maintain the public art on a routine and permanent
basis. The public art maintenance -funding source is to be described in the
Covenants, Conditions, and Restrictions (CC&R) or covenant filed with the
County (see Recordation of Public Art Ownership and Maintenance
Obligation, pages 15-16).
b. Public Art Insurance
Public art must remain permanently installed at the site as a condition of
project approval, as stated in the CC&R, or in a recordable agreement,
binding on successors to title to the subject property. In the event an art
piece is damaged, destroyed, or stolen, the property owner is legally
responsible for repairing or replacing the artwork (see Replacement of
Public Art, pages 28-29). The City urges public art owners to insure their
artwork for the replacement value, not for the purchase price, as artwork
often increases in value overtime.
2. Repairing or Restoring Damaged Public Art
The property owner is responsible for repairing public art in the event of damage
and/or vandalism. Damaged artwork shall be repaired as closely as possible to the
original approved art. If repair or restoration is needed, the original artist must be
given first refusal on repairs for a reasonable fee. If the original artist is not available
or is unwilling to perform the required repairs for a reasonable fee, the owner shall
make arrangements for repairs with a reputable art conservator or other qualified
professional. Property owners are encouraged to obtain several bids from qualified
professionals.
The owner shall submit, in writing, the plan to repair or restore artwork, which shall
include a description of repairs, timeframe for repairs, and a target date for
completion. Property owners shall. notify the City once repairs and/or restoration
25
are complete. Artwork will be inspected by staff to ensure all APP requirements
have been satisfied. If temporary removal of artwork is necessary to complete
repairs or restoration, please see Temporary Removal of Public Art, page 26, for
additional requirements.
Repairs shall be completed within 60 days unless otherwise agreed to by the City.
Repairs not completed within this timeframe shall be subject to Code Enforcement
action and may delay issuance of future building permits, Certificates of Occupancy,
or other City related approvals.
3. Modification of Public Art
Alteration of artwork affects the artist's rights and has serious legal consequences
for property owners (see Appendix A, Visual Arts Laws for Artists and Public Art
Owners pages 32-34). Artwork owners wishing to modify or alter an art piece may
not do so without legal written consent from the original artist describing specific
changes to which the artist has agreed, who will perform the modification, and any
related changes to the maintenance plan.
Any changes agreed to by the artist must be submitted for consideration and
approval by the Art in Public Places Advisory Committee. Requests for modification
of public art must be made in writing and include an explanation for the changes,
the artist's consent, and a timeframe for completion. If artwork owner is unable to
locate the artist or the artist's estate (if the artist is deceased), owners should
submit an explanation of steps taken to locate the artist and/or the artist's estate,
and submit this with the request for modification of the artwork.
The City may request submittal of additional items depending upon the nature of
the modification. Alteration of public art is only approved for the most compelling
reasons. Requests for the modification of public art may take up to 30 working days
for review and approval by the Committee.
Property owners shall notify the City once approved modifications are complete.
Public art will be inspected by staff to ensure all APP requirements have been
satisfied. Approved artwork modifications must be complete within 60 days of
approval unless otherwise agreed to by the City. Approved modifications not
completed within this timeframe shall be subject to Code Enforcement action and
may delay issuance of future building permits, Certificates of Occupancy, or other
City related approvals.
4. Temporary Removal of Public Art
The temporary removal of a public art requires City approval and is only granted
for compelling reasons, such as restoration or risk of damage to an art piece due to
construction on the property. Requests for temporary removal of public art must
be made in writing and submitted for review and approval by the City, which may
take up to 30 working days. The request shall include the following:
• An explanation for the request
26
• Plan for restoration/repairs (see Repairing or Restoring Damaged Public Art,
page 25)
• A timeframe for reinstallation, including date of removal and date for
reinstallation
• A plan for safe removal and secure storage of the artwork
If approved, artwork must be reinstalled by the date indicated for reinstallation in
the request., Public art owners shall notify the City when the artwork has been
reinstalled. Public art will then be inspected by the City to ensure all APP
requirements have been met. Public art owners who do not reinstall their artwork
within the approved time frame will be subject to Code Enforcement action and
may also delay issuance of future building permits, Certificates of Occupancy, or
other City related approvals, unless otherwise agreed to by the City.
S. Relocation or Permanent Removal of Public Art
The indefinite removal of a public art from permanent display affects the artist's
rights and has serious legal consequences for the property owner (see Appendix A,
Visual Arts Rights Laws for Artists and Public Art Owners, pages 32-34). Public art
owners wishing to relocate or permanently remove artwork may not do so without
legal. written consent from the original artist and approval by the City. The City will
not authorize permanent removal of public artwork except under the most
extenuating circumstances.
Requests must be made in writing, include the artist's written consent, and a plan
with a timeframe for relocation or replacement (see Replacement of Public Art,
page 28). If a public art owner is unable to locate the artist or the artist's estate (if
the artist is deceased), owners should submit an explanation of steps taken to
locate the artist and/or the artist's estate, and submit this with the request for
relocation or removal of the artwork.
Requests for relocation or removal of artwork must be submitted to the Art in
Public Places Advisory Committee for their consideration and approval, which may
take up to 30 working days. Incomplete submittals may delay the approval process.
Below is a list of items to be submitted for Committee consideration of plans for
relocation or permanent removal of public art. As circumstances vary, the City may
request submittal of additional items.
• An explanation for the request
• The artist's written consent, including the artist's approval for permanent
removal or relocation to a new site and any related modifications to the
public art or site as originally approved by the City, such as a new base, new
lighting plan, landscaping, etc.
• If unable to locate the artist or the artist's estate (if deceased), an
explanation of the steps taken to locate the artist and/or estate
• Plans for how the artwork will be removed without damage and plans for
secure storage of the artwork
27
• Current maintenance costs, source of ongoing funding, and future
maintenance costs and funding source (if applicable)
• Draft of amended CC&R or covenant to be filed with the County reflecting
public art ownership and maintenance (see Recordation of Public Art
Ownership and Maintenance Obligation, pages 15-16) should the relocation
of the artwork result in a change in public art ownership and ongoing
maintenance funding (if approved, final executed copy must be submitted
to the City prior to reinstallation)
• Plan and time line for reinstallation
• Budget for reinstallation and unsigned copies of any relevant contracts
(signed copies must be submitted to the City if approved)
• Any Public Art Application items relevant to reinstallation of the artwork in
the new location (e.g. site plan, installation plans approved by a licensed
professional engineer, lighting plans, landscape/irrigation plans, etc.)
If approved, relocated public art must be reinstalled by the date for reinstallation
indicated in the request or shall be subject to Code Enforcement action. Public art
owners shall notify the City when the artwork has been reinstalled. Public art will
be inspected to ensure all APP requirements have been satisfied. Public art owners
who do not reinstall their artwork within the approved time frame will be subject
to Code Enforcement action and may delay issuance of future building permits,
Certificates of Occupancy, or other City related approvals, unless otherwise agreed
to by the City. If approval is given for permanent removal of public art, a new art
piece that meets all current APP requirements must be installed as a replacement
(see Replacement of Public Art below).
6. Replacement of Public Art
In the event the public art is destroyed, damaged beyond repair, stolen, or
otherwise removed from the site, the property owner shall notify the City in writing
as soon after the event as possible. Property owners shall replace the public art
with artwork that complies with all Art in Public Places requirements in effect at
the time of replacement. The property owner shall submit application materials
(see What Are the Steps for the Public Art Application and Approval Process? on
pages 18-22 for more information), along with documentation that the artist or, if
deceased, his or her estate, has been notified about the destruction/theft of his or
her artwork, for review and approval by the Art in Public Places Committee. Review
and approval may take up to 30 working days. Incomplete application packets will
delay the approval process.
The multi -step Public Art Application, approval, and replacement process shall be
completed within one year of artwork removal/theft unless otherwise agreed to by
the City. Property owners who do not replace approved artwork within the 12 -
month timeframe will be subject to Code Enforcement action and may delay future
issuance of Building Permits, Certificates of Occupancy, or other City approvals for
the property.
The minimum required allocation for the replacement artwork can be calculated in
two ways: the fair market appraisal value of the artwork when it was in good
condition prior to damage or destruction as determined by a qualified fine art
appraiser or the public art allocation calculated when the artwork was
commissioned adjusted for inflation, as calculated by the City of Tustin. Art
insurance is highly recommended for public art.
MODIFICATIONS OF PROPERTIES_ ■
PUBLIC ART
A. Construction on Properties with Existina Public Art
Because of the variety of types of construction and possible ways it may impact existing
public art, the City urges property owners with existing public art on their properties
to meet with staff early in the planning process. Art in Public Places staff is available to
discuss artwork requirements as they relate to your proposed project. Even smaller
construction projects such as the addition of permanent signage within proximity of
public art may require City and/or APP Committee review and approval to ensure
changes to the property meet APP requirements.
Property owners should review requirements described in this manual prior to
initiating construction on their property. Depending on the nature of the changes to
your property and potential impact on the public art, approvals by the City may be
required prior to issuance of building permits or Certificates of Occupancy.
For development of properties with existing APP artwork in which existing public art
will be demolished and new construction adds square footage, see Development of
Properties with Existing APP Public Art, page 5.
B. Subdivisions of Properties with an Existing Public Art
Property owners who wish to subdivide a parcel in which an existing Art in Public Places
art piece is located must submit a plan for the public art ownership and maintenance
to the City for review and approval prior to subdivision. The City may request additional
items depending on the nature of the proposed subdivision and possible impact on the
public art. Some requests may require review and approval by the Art in Public Places
Advisory Committee. Review and approval may take up to 30 working days.
The subdivision plan shall include the following:
• The location of the public art, current ownership contact information, and
current artwork maintenance funding source
• A map showing the current parcel and a map showing the proposed subdivision
• Documentation that the current public art owners and new proposed owners
(if applicable) have approved any changes in public art ownership that may
result from the subdivision and any changes in the artwork maintenance
fundingsource
• A draft of new covenant or CC&R (whichever is applicable) reflecting public art
ownership, maintenance obligation, and funding source (see Recordation of
29
Public Art Ownership and Maintenance Obligation, page 15)
• Following approval, the property owner shall submit a copy of the recorded
covenant or CC&R reflecting the addition of requirements for public art
ownership and the artist's maintenance instructions
�• • •IN• •
Individuals, businesses, and/or groups wishing to donate artwork of any style, size, or
medium, with an estimated value over $5,000 shall provide a written request setting forth
their offer to the Art in Public Places Advisory Committee. The Committee shall use
established review criteria to evaluate the proposed work of art, artist, and proposed
location. Other considerations may include costs to the City (e.g. transportation,
installation, insurance, routine maintenance, and long term conservation) and the impact
of the donation on existing art programs (e.g. number of existing donations by the same
artist).
In addition to the established review criteria, donations of memorials shall be reviewed
based on the following:
• Does the memorial represent broad community values?
• Does the significance of the person(s) or event being memorialized have a timeless
quality and make a statement to future generations?
• Is there some specific geographic justification for the memorial being placed at the
proposed location?
If the donation is outdoor artwork or is a proposal to create outdoor artwork for display
on public property (e.g. Orange County Public Library—Tustin Courtyard or City Parks), the
proposal shall first be referred to the Art in Public Places Advisory Committee, then to the
Community Services Commission. Proposals which are denied by the Art in Public Places
Advisory Committee and the Community Services Commission may be appealed to City
Council. Formal gifts presented to the City Council by government contacts and sister cities
shall only be reviewed according to this procedure at the sole discretion of City Council.
XVII. TUSTIN'S ART IN PUBLIC PLACES ADVISORY
COMMITTEE
A. Responsibilities
The Art in Public Places Advisory Committee is the formal body responsible for
reviewing all Public Art Applications in orderto ensure compliance with the Art in Public
Places program criteria, as established. Responsibilities include attending all public art
review meetings, exercising judgment that is fair and consistent with policy guidelines,
advising the Community Services Commission and the City Council on all public art
related issues, and upholding the reputation and integrity of the Art in Public Places
Program and the City of Tustin. The Committee meets on an as needed basis.
The Committee consists of:
30
• A member of the City Planning Commission appointed by the Chair of the
Planning Commission
• A member of the City Community Services Commission appointed by the Chair
of the Community Services Commission
• A City Council appointed representative who has a background in art and is a
Tustin resident
B. General Eligibility Criteria
• Tustin resident
• Enthusiastic commitment to the betterment of the community
• Oriented toward service to people and sensitive to their needs
• Must understand the relationship with the City Council and the Committee's
role as an extension of the Council
• Able to demonstrate education, experience and commitment in the visual arts,
including artwork and other related public art
C. Length of Term
Each member is appointed for a term of two years, commencing with appointment at
the first Commission meeting of the calendar year. Upon term expiration, the
Community Services Commission and Planning Commission will appoint members to
the Art in Public Places Committee, following appointment of new Commission
members. Recruitment for the member -at -large position is posted bi-annually and the
Mayor and City Council review all applications for appointment and reappointment.
There are no limits to the number of terms or number of consecutive terms a member
may serve on the Art in Public Places Advisory Committee.
31
Appendix A
Visual Arts Laws for Artists and Public Art Owners
Several federal and state laws protect the rights of visual artists and art owners. The following
is only a partial listing. For more details, the City recommends that the artist and/or owner
consult a lawyer specializing in visual art and copyright laws. NOTE: The laws and codes cited
in this Appendix are subject to change without prior notice.
I. 1980 California Art Preservation Act
California Civil Code Section 987 et seq. applies to artwork sold or created after 1980. The
Civil Code states that no person except the artist can deface, mutilate, alter or destroy a
piece of art. "...The physical alteration, or destruction of fine art, which is an expression
of the artist's personality, is detrimental to the artist's reputation and therefore have an
interest in protecting their works of fine art against any alteration or destruction."
II. Visual Artists Rights Act of 1990
The Visual Artists Rights Act of 1990 (VARA) 17 USC Sections 101, 106A, 107, 113, 301,
411, 412, 501, 506, amends copyright law providing new rights for visual artists for
artworks sold or created after June 1, 1991. The rights contained in the law extend for the
life of the artist. The legislation creates a uniform, national standard for protecting visual
artists' rights. It provides a mechanism for the visual artist to claim authorship of a work
he or she created, as well as to prevent the use of his or her name on a work he or she
did not create. The bill makes clear that this right includes the right to publish a work
anonymously or under a pseudonym. The artist also has a right to demand that his or her
name be removed from a work in the event of a distortion, mutilation, or other
modification of the work to which the artist has not consented, and is prejudicial to his or
her honor or reputation. In addition, the Act provides for a legal course of action to allow
an artist under specified circumstances to prevent the destruction, distortion, mutilation,
or modification of a work of visual art. In any such action, the artist has the burden of
establishing that the alteration of the work is harmful to his or her professional honor or
reputation.
A. Works Covered
The Visual Artists Rights Act of 1990 is limited only to "work of visual art," defined
as a painting, drawing, print, or artwork existing in a single copy or in a limited
edition of 200 copies or less. The copies of a limited edition must be signed and
consecutively numbered by the artist. In the case of multiple casts, carved or
fabricated artwork, the work must be a limited edition of 200 or less, be
consecutively numbered by the artist, and bear the signature or "other identifying
mark" of the artist.
The destruction of a work of recognized stature by an intentional act or an act of
gross negligence is a violation of the artist's right and would subject the person
destroying the work to suit for damages by the artist.
This law states several exceptions to the artist's rights. First, a modification of a
32
work that is a result of the passage of time or the inherent nature of the materials
is not actionable. Second, the modification of a work that is the result of
conservation or the public presentation of the work including lighting and
placement is not actionable unless the modification of the work is caused by gross
negligence.
If a work was created prior to the effective date, the rights under the statute apply if
title to the work has not been transferred prior to the effective date.
B. Transfer and Waiver
Only the artist has the rights created by VARA 1990. No rights may be transferred under
this Act. Rights may be waived if the artist agrees to waive his/her rights in writing. In
the case of a joint work, a waiver made by one artist waives the rights for all artists of
the joint work. The transfer of ownership of a copy of a work of visual art does not
constitute a waiver of rights.
C. State Law Preemption
The Visual Artists Rights Act attempts to create a uniform national standard with
respect to the rights of integrity and attribution. Therefore, the Act preempts or
extinguishes all legal or equitable rights that are equivalent to the rights conferred by
the Visual Artists Rights Act. This general rule of preemption is subject to three
important exceptions. First, the Act does not preempt rights, which are not equivalent
to the rights contained in the bill; for example, California's resale royalty statute would
not be preempted by this Act. Second, the statutes, which extend rights beyond the
life of the artist, are not preempted by this Act. Finally, this Act does not preempt a
cause of action arising from undertakings commenced before the effective date of the
statute.
D. Remedy
Like copyright infringement, an artist who seeks to assert his or her rights under the
statute may do so by filing a lawsuit in federal court. An artist may seek an injunction
to claim authorship or disclaim false authorship of a work or to prevent distortion,
mutilation or destruction of a work as outlined above. If the distortion, mutilation or
destruction has already occurred, the artist can sue for damages. The artist can either
establish the actual damage to his or her honor or reputation or claim the statutory
damages of up to $10,000. If the artist prevails in court, the judge may also order the
defendant to pay the artist's attorney fees.
E. Removal of Visual Art from Buildings
I If a work of visual art has been incorporated or made part of a building in such a
manner that removal of the work would cause the destruction, distortion,
mutilation or other modification of that work, the rights shall not apply if the artist
consented to the installation of the work in the building before the effective date
of the law. In addition, these rights shall not apply if the artist and the building
owner have executed a written statement that installation of work may subject the work
to destruction, distortion, mutilation, or other modification, by reason of its removal.
2. If the owner of building wishes to remove a work from a building and the work can
be removed without its destruction, distortion, etc., the artist's rights will apply but
33
there are exceptions. The right will not apply if the owner has notified the artist, in
writing, that he or she intends to remove the work, and the artist has failed to
respond to the owner's notice that the artist must either remove the work or pay
for its removal within ninety days after receiving the owner's written notice. The
written notice must be sent by registered mail to the artist at his or her most recent
address. If the work is removed at the artist's expense, title to that copy of the work
belongs to the artist.
3. In order to give the artist the practical opportunity to remove works which have
been incorporated into buildings, the Register of Copyrights has established a
system or records whereby the artist of work that has been incorporated in or made
part of a building can record his or her identity and current address. This system
provides the artist with the opportunity to update his/her personal information. In
addition, the system provides the owners of buildings with the opportunity to
record evidence of their efforts to comply with the law.
F. Relevant Codes
A copy of the law can be found: Federal Code; Visual Rights Act of 1990, 17 USC Sections
101, 106A, 107, 113, 301, 411, 412, 501, 506. Materials written above were excerpted
from "Congress Passes Visual Artists Rights Act," National Artists Equity, autumn 1990.
34
APPENDIX B
City of Tustin Art in Public Places Program
Developer Acknowledgment of APP Requirement
The Art in Public Places (APP) program provides developers a way to make a lasting and visible
contribution to the community to mitigate impacts of development.
APP requirements are described in Tustin's APP Policy Manual. Projects valued at $1,500,000 or more
must allocate 1 percent of the total project building valuation (based on ICC Building Valuation Data tables
in effect at the time building permits are issued) to install permanent outdoor public art by a qualified
artist at the project site. Artwork is to remain on the property in perpetuity, with a covenant approved by
the City, executed and filed with the County of Orange Recorder binding on successors to title of the
subject property, which describes public art ownership responsibilities, the artwork maintenance -funding
source, and includes a copy of the Comprehensive Maintenance Plan provided by the artist. Projects with
a total project building valuation of between $1,500,000 and $3,999,999 have the option of contributing
to the public art allocation to Tustin's Art Fund. Projects with a total building valuation of $4,000,000
million or more must install permanent on-site outdoor artwork designed and fabricated by a qualified
artist selected by the developer and approved by the City.
All requirements are described in Tustin's current APP Manual. Satisfaction of the APP requirement is a
multi -step process with deadlines that should be considered when developing a construction schedule.
As part of the process, developers are required to:
A. Meet with City staff to discuss their project and the public art requirement and satisfy Part 1 of
the application or, for projects with a total building valuation between $1.5 and $3.99 million who
opt to contribute public art allocation funds, submit a Notification to Contribute Public Art Funds,
prior to issuance of Building Permits for their project.
B. Submit Part 2 of the Public Art Application with all required materials and schedule a Committee
review date or, for projects with a total building valuation between $1.5 and $3.99 million who
opt to contribute public art allocation funds, contribute the confirmed public art allocation
amount to Tustin's Art Fund, within 6 months of issuance of building permits. Noncompliance will
result in the issuance of a stop work notice.
C. Install approved public art and related components, satisfy Part 3 of the application, and complete
the public art inspection requirement or, for projects with a total building valuation between $1.5
and $3.99 million who opt to contribute public art allocation funds, contribute any outstanding
public art allocation amount to Tustin's Art Fund, prior to issuance of Certificates of Occupancy
for the project.
Project Name: Project Location:
Developer:
one:
Address: Email:
Estimated Art Allocat
I attest to the fact that I have read and understand, and agree to be bound by, the requirements of
Tustin's Art in Public Places Program as a condition of approval of my Project.
Signatu
35
APPENDIX C
City of Tustin Art in Public Places Program
ART IN PUBLIC PLACES APPLICATION COVERSHEET
Date Submitted:
Estimated Minimum Public Art Allocation:
Total Building Valuation:
Project Name:
Project Location/Address:
Developer:
Contact Person:
Address:
Phone:
Email:
Property Owner:
Address:
Phone:
Email:
Art Consultant:
Address:
Phone:
Email:
Artist:
Address:
Phone:
Email:
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Appendix E
City of Tustin Art in Public Places Program
Artist Warranties of Title and Originality
The City of Tustin's Art in Public Places (APP) Program provides opportunities for artists to
integrate their unique perspectives permanently into the cityscape. Public art is to be
conceptualized, designed, created, fabricated, and installed by qualified artists (see Artists
Qualifications, pages 9-10 of Tustin's APP Policy Manual), their staff, and/or contractors. Public
art is to be original or an edition of five or fewer; similar editions may not be displayed within a
50 -mile radius of the project site without prior approval by the City. Public art requirements are
described in Tustin's Art in Public Places Policy Manual.
A. The Artist represents and warrants that:
• The artwork is solely the result of the artistic effort of the Artist; and
• The Artist has full and complete legal authority to create and transfer complete
ownership of the artwork to the developer; and
• Except as otherwise disclosed in writing to the City and the developer, the artwork is
unique and original, or an edition of five or less, and does not infringe upon any
copyright or other intellectual property right; and
• No similar edition is on display within a 50- mile radius of the project site.
Artist Name:
Title of Artwork:
Project Location:
Developer:
Artist Phone:
Artist Address:
I declare, under penalty of perjury under the laws of the State of California, that all of the above
information is true and accurate, and that if found to be other than true and accurate, I may be
eliminated from current and future consideration for participation in this program.
Signature
Date
38
APPENDIX F
SAMPLE
City of Tustin Art in Public Places
Public Art Allocation Breakdown
Artist Design
$
Materials
$
Fabrication
$
Art Consultant
(If applicable)
$
Transportation of Artwork
$
Base (if applicable)
$
Structural Engineering (if applicable)
$
Lighting/Electrical (for artwork only)
$
Water Related Expenses (if applicable)
$
Art Appraisal (if applicable)
$
Other Expenses (please list)
*TOTAL $
*The total should equal or exceed the minimum public art allocation for the project.
39
APPENDIX G
SAMPLE
City of Tustin Art in Public Places
CONTRACT OF SALE FOR A WORK OF ART
[NOTE: ARTIST AND COLLECTOR MUST OBTAIN THEIR OWN LEGAL ADVICE BEFORE RELYING
ON OR USING THIS FORM OF AGREEMENT]
AGREEMENT made as of the day of in the year between -
_(herein referred to as the Collector) located in
and (herein referred to as the Artist)
located in , with respect to the sale of artwork (herein referred to
as the Work).
and
WHEREAS the Artist has created the Work and has full right, title, and interest therein;
WHEREAS, the Artist wishes to sell the Work; and
WHEREAS, the Collector has viewed the Work and wishes to purchase it.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations,
covenants, and conditions hereinafter set forth, and other valuable considerations, the parties
hereto agree as follows:
A. DESCRIPTION OF THE ARTWORK AND WARRANTY:
[Include title, style, medium, dimensions, weight, year of creation, and any other
description.]
The Artist represents and warrants that:
The Work is solely the result of the artistic effort of the Artist; and
The Artist has full and complete legal authority to create, sell and transfer complete
ownership of the Work to the Collector; and
Except as otherwise disclosed in writing to the City and the Collector, the Work is unique
and original, or an edition of five or less, and does not infringe upon any copyright or other
intellectual property right; and
No similar edition is on display within a 50- mile radius of the project site.
,%
B. SALE AND PAYMENT
The Artist hereby agrees to sell the Work and Collector agrees to purchase the Work for
a purchase price of . Payment shall be made in installments:
a. A deposit of $ ( %) upon the signing of this Agreement.
b. A payment of $ ( %) upon
c. A final payment of $ ( %) upon delivery of the completed
Work.
C. DELIVERY AND'INSTALLATION
[Specify location of delivery and who is responsible for shipping and installation charges.]
D. RISK OF LOSS AND INSURANCE
The risk of loss or damage to the Work shall pass to Collector upon completion of
installation. The provision of any insurance to cover such loss or damage shall be the
responsibility of the Collector upon completion of installation.
E. MAINTENANCE
The Collector agrees to abide by the Maintenance Instructions of the Artist listed below,
as a condition of sale of the Work.
[Artist instructions, including methods, materials, frequency of routine cleaning, and
suggested practices for occasional preservation treatments or conservation.]
F. NON -DESTRUCTION
Collector will not undertake or permit any intentional destruction, damage, or
modification to the Work.
G. RESTORATION
Artist agrees to be responsible for repairs, not arising from intentional damage or
neglect, for up to year(s) (typically one year), without charge to the Collector.
Collector agrees to notify Artist before any restoration is undertaken and the Artist shall
have first opportunity to restore the Work, for a reasonable fee, if beyond the
aforementioned time limit.
H. FUNDING SOURCE
Collector agrees to establish a funding source for necessary on-going maintenance. A
homeowner's association has been designated (if applicable) to fund and care for the
Work on the Collector's behalf, as specified by the Artist in this Agreement.
I. COPYRIGHT AND REPRODUCTION
The Artist reserves all reproduction rights, including the right to claim statutory copyright,
in the Work. All approved reproduction shall bear copyright notice with the Artist's name
and date. Artist agrees that he or she shall not permit more than five (5) editions of the
Work to exist.
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J. MISCELLANEOUS
The Agreement shall be binding upon the parties hereto, their heirs, successors, assigns
and personal representatives. The Agreement constitutes the entire understanding
between the parties; only an instrument in writing assigned by all parties can modify its
terms. A waiver of any breach of any of the provisions of this Agreement shall not be
construed as a continuing waiver of other breeches of the same or other provisions
hereof. The laws of the State of California shall govern this Agreement.
IN WITNESS WHEREOF the parties hereto have signed this Agreement as the date first
set forth above.
ARTIST
COLLECTOR
DATE
DATE
[NOTE: ART CONSULTANT AND HOA ARE NOT PARTIES TO THIS AGREEMENT]
Public Art Maintenance Contact (the City will contact this person for future needs)
Person Name, Title:
Company:
Mailing Address:
Phone/Fax:
E-mail:
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Date:
Art in Public Places Program
ADVISORY COMMITTEE CHECKLIST
Developer:
Project Name: —Project Location: _
Artist: Artwork Title:
Committee Members:
Meets
Criteria Criteria
Experience with public art projects of
similar scope
iArtist Qqalifitations,
Education/training in artwork
Exhibit records F± collections
Commissions/ experience with large scale
permanent outdoor artwork of similar
scope/materials
Verification of past commission amounts
Copy of contract
,III Artwork Site
Clearly visible to motorists Et pedestrians
from a public street
No more than 50 feet from public street
No signage, utility boxes, landscaping, or
other items limiting public view
Appendix H
Comments
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Does not
Meets
Meet
Criteria
Criteria
Criteria
Comments
N. Artwork Concept/Design
Conceptualized and designed by
approved artist
Original and does not infringe upon any
copyright (editions limited to 5)
Artwork is site specific or site
appropriate
Scale: 5' or larger (excluding base)
Considered place in the APP Collection
Proposal demonstrates how work will
engage public interest (e.g. provokes
discussion, intrigues, entertains, etc.)
Is community input/survey requested?
Artistic Content (for discussion only):
• Expressive properties (mood, feeling,
message, symbolism)
• Formal properties (balance,
emphasis, color, repetition/ rhythm,
unity, form/shape, texture)
V. Artwork Materials/Maintenance
Comprehensive maintenance plan
List/samples of materials, finishes,
manufacturer information, fabricator
information, fabrication plans
Permanent, weather, and rust resistant
media, armature, and base; foundry
materials breakdown by percentage
Is art conservator or public art expert
input requested?
Resistant to vandalism and graffiti
Landscape will not pose future visibility
or conservation problems
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Criteria
Meets
Criteria
Does not
Meet
Criteria
Comments
Irrigation plan indicates water spray is
directed away from artwork
Maintenance plan demonstrates the
work is low maintenance
Is art conservator or public art expert
input requested?
Maintenance fund established
VI. Installati on
Base well integrated to landscape
Lighting plan and lighting instruments
Identification plaque location indicated
Installation plans approved by Licensed
Professional Engineer (if applicable)
Poses no liability or safety problems
VII. Forms/Contracts/Documentation
Signed Developer Acknowledgment of
APP Requirement
Signed copy of contract with artist
Signed Artist Warranties of Title Et
Originality
Signed copy of contract with art
consultant (if applicable)
Copy of recorded covenant
Committee requests for input, conditions of approval, etc':
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