HomeMy WebLinkAbout07 APPROVAL OF RESOLUTION 18-17 ESTABLISHING A CITY OF TUSTIN PUBLIC ART POLICYAgenda Item 1
Reviewed.
AGENDAREPORT City Manager
Finance Director
MEETING DATE: MARCH 20, 2018
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: DAVID A. WILSON, DIRECTOR, PARKS AND RECREATION SERVICES
SUBJECT: APPROVAL OF RESOLUTION 18-17 ESTABLISHING A CITY OF
TUSTIN PUBLIC ART POLICY
SUMMARY:
On May 16, 2016, and November 7, 2017, staff presented the City Council Public Art
Policy options for review since the City Council is considering commissioning public art
projects and accepting artwork gifted to the City. Subsequently, the City Council
referred the policy options to the Community Services Commission for review and
recommendation at a future City Council meeting.
RECOMMENDATION:
That the City Council adopt Resolution 18-17 establishing a City of Tustin Public Art
Policy.
FISCAL IMPACT:
General fund expenditures associated with establishing the recommended Public Arts
Policy would require $20,000 annually that includes expenses for commissioning art
projects and Public Art Committee member stipends.
CORRELATION TO THE STRATEGIC PLAN:
A Public Art Policy/Program 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:
In response to the City Council referral, the Community Services Commission formed
an Ad -Hoc Committee, which met on three occasions: November 28, 2017, January 4
and January 29, 2018, to review the art policy options with the intent of presenting a
Preferred Public Art Policy to the Community Services Commission for recommendation
to the City Council.
At their January 17 and February 21, 2018, Community Services Commission meetings,
the Commissioners discussed the public art policy options, reviewed the Ad -Hoc
Committee progress, and received public comments concerning the public art policy
options. Upon completion of the process, the Community Services Commission is
recommending a preferred Public Arts Policy for adoption by the City Council.
The preferred Public Art Policy establishes a Public Arts Committee, appointed by the
City Council, who will administer the Public Art Program and manage a Public Art Fund
for the purposes of strategically commissioning public art projects. The policy also
includes procedures of evaluating artwork proposed to be donated to the City.
Public Art Policy Synopsis
• Five (5) member Public Arts Committee administers program — appointed by City
Council; members serve staggered four (4) year terms
• Public Arts Fund established for public art projects - $15,000 or at the discretion
of the City Council
• Artist selection process for commissioning public art projects
• Site selection criteria for public artwork
• Option to engage Art Consultant to assist with projects/program
• Procedures to evaluate artwork proposed to be donated to the City
• Community Services Commission will review the Public Arts Committee initial
recommendations regarding art projects
• City Council shall have final decision to accept, delay, or reject gifted artwork or
public art projects
• Maintenance and removal procedures for public art
Approval of Resolution 18-17 would establish the City of Tustin Public Art Policy and
allow staff to initiate the process of coordinating the public art program and begin Public
Art Committee activities in 2018.
ectfully submitted,
David A. Wilson
Director, Parks and Recreation Services
Attachments: Preferred Public Art Policy
RESOLUTION NO, 18-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING THE PUBLIC ART POLICY
WHEREAS, to enhance the quality of life in the community, the City of Tustin
intends to commission public art projects; review, accept, or reject public art gifted to
the City, and;
WHEREAS, the Parks and Recreation Services Department has presented a
Preferred Public Art Policy that provides processes and procedures to allow the City of
Tustin to commission art projects and review and evaluate gifted artwork for the
purposes of accepting or rejecting the art piece, and;
WHERAS, the City Council will appoint a five (5) member Public Arts
Committee to administer the Public Art Policy, and;
WHERAS, the City may establish a Public Art Fund for the purposes of
commissioning public art projects for the benefit of the entire community, and;
WHEREAS, the Community Services Commission will review the Public Arts
Committee initial public art recommendations and forward to the City Council for final
decision, and;
WHEREAS, for the purposes of the policy, artwork is considered paintings,
sculptures, mosaics, works, or designs in any media created for the purpose of
expression and public display, and;
WHEREAS, the Public Art Policy also describes procedures regarding
installation, maintenance, and removal of public artwork, and;
WHEREAS, once artwork is accepted and installed by the City of Tustin, it
becomes the City's property.
NOW, THEREFORE, BE IT RESOLVED that the preferred Public Art Policy
presented by the Parks and Recreation Services Department is hereby approved as
the policy for commissioning public art projects and reviewing, accepting, or rejecting,
maintaining, installing, and removing, public art proposed to be gifted to the City of
Tustin.
PASSED AND ADOPTED by the City Council of the City of Tustin at a regular
meeting held on the 20th day of March 2018.
Elwyn A. Murray, Mayor
TUSTiN
HISTORY
BUILDING OUR FUTURE
HONORING OUR PAST
City of Tustin
Preferred Public Art Policy
Preferred 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
Preferred 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 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.
The Public Art Policy will be reviewed by the City Council after one year
2. Public Art Fund (PAF)
The City Council will annually transfer/or at its discretion, $15,000 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 project budget.
• Any fees paid to public art experts (e.g. art conservators, qualified appraisers, etc.) requited by the
Committee or City Council (if applicable)
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Expenses Not Allowed from the Public 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 (PACT:
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 artwork, including
artwork 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 is
encouraged to solicit funding from developers and corporations to assist with funding public art projects.
The Committee will make recommendations to the Community Services Commission and 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:
• Five (5) City Council appointed representatives who may have a background in art and who are
Tustin residents
General Eligibility Criteria:
• Tustin resident
• Collaborative team player
• Commitment to the betterment of the community
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• 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
• Local artists will be considered
Lenath of Term
Each member is appointed for a term of four (4) years with a maximum of two concurrent terms
Pursuant to section 1573 of the Tustin City Code, the term for each member is four years commencing on
the date of appointment for each office. So that the terms of all members do not all expire on the same
year, the initial appointments of the Committee Members will be as follows: three members will be appointed
to serve four year terms and two members will serve an initial two-year term. Thereafter, all members would
be appointed to serve staggered four year terms.
Stipends:
Public Art Committee Members will receive a stipend of $100 per regular planning/evaluation meeting. The
Committee will meet on a project oriented basis with 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
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• Conceptualizing, designing, fabricating, and installing large-scale outdoor art work similar in scope
to the proposed public art
• 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
I. 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.
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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
Donors may solicit letters of support from the community expressing support for the gifted artwork and
associated project.
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: (Also, see #5 Site Selection)
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• 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 Community Services Commission will review the Public Arts Committee initial recommendation and
forward to the City Council for consideration of the gifted artwork and final site location. 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 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
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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.
• 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 back to the Public Art Fund for the future commission of public
art projects.
• 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.
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Date:
Project Name:
Artist:
Committee Members:
Tustin Public Art Program
COMMITTEE CHECKLIST
Project Location:
Artwork Title:
QH
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 &t 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 &t pedestrians
from a public street
No more than 50 feet from public street
No signage, utility boxes, landscaping, or
other items limiting public view
QH
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 PAP 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
10
QH
Appendix C
Committee requests for input, conditions of approval, etc.:
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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.:
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QH
Appendix C
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
Contact First &t Last Name
Organization Name (if
Type of Organization (if
Phone Number
Email Address
Postal Address
Website Address (if relevant)
Describe how the artwork is constructed / made. Support with attachments as listed at the end
application.
How is the artwork to be properly installed? Support with attachments as listed at the end of
application.
Does this piece require plumbing, electrical, or other utility hookups?
If so, describe and support with attachments as listed at the end of this application.
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What is the expected lifetime and staving Dower of the material(s) used in creating the
artwork?
What maintenance will this piece require and how often?
Please identify any specific maintenance procedures and / or equipment and associated costs.
What precautions have been taken to guard against vandalism?
What steps have been taken to insure that the piece will not be a safety hazard?
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 $
When was the piece last appraised? By whom?
What is the value of the piece as currently
What is your timeline? Identify the different stages, steps, and date goals to prepare the piece
donation.
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Are there any covenants, requirements, or restrictions that come with the piece?
What expectations do you have for the City of Tustin in accepting this piece?
Community Involvement
Do you have support from the community in creating this piece?
Do you have the support of the surrounding community for the proposed site?
Please identify who in the community has been contacted, how the community was contacted,
what their response was.
Please attach any letters of support.
❑ An 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)
include a scaled drawing or digital rendering that illustrates the proposed piece sited
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
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
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