HomeMy WebLinkAbout2016-45 CC Reso - Establishing a Public Art PolicyRESOLUTION NO. 2016-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH ESTABLISHING A PUBLIC
ART POLICY
WHEREAS, public art creates a unique sense of place and communicates a strong civic identity
for the City of Ukiah ("City"), and;
WHEREAS, the City encourages the placement of artwork in public places and recognizes that
art provides social, cultural and economic benefits for residents and visitors, and;
WHEREAS, the installation of art in public places should be compatible with the location,
design, historical character, and infrastructure of the site, and;
WHEREAS, public places include City -owned parks, open spaces, right-of-ways, pathways or
trails, buildings and parcels, and;
NOW, THEREFORE, BE IT RESOLVED that a Public Art Policy has been developed to support
and facilitate the installation of public art (Exhibit A).
PASSED AND ADOPTED on July 20, 2016 by the following Roll Call Vote:
AYES: Councilmember Crane, Doble, Brown, and Mayor Scalmanini
NOES: None
ABSTAIN: None
ABSENT: Councilmember Mulheren
Stephen G. Scalmanini, Mayor
ATTEST:
Kristine Lawler, City Clerk
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City of Ukiah
Public Art Policy
I. Purpose
Exhibit A
Public art creates a unique sense of place and communicates a strong civic identity for the City
of Ukiah ("City"). The City encourages the placement of artwork in Public Places and recognizes
that art provides cultural and economic benefits for residents and visitors. Therefore, it is
important that procedures and policies be established and implemented to support and
facilitate the acquisition of Public Art.
The purpose of the Public Art Policy ("Policy") is to provide guidelines for Public
Artwork, including:
1. Review Criteria for Proposed Artwork
2. Site Selection Criteria
3. Artistic Freedom of Expression and Non -Discrimination
4. Collection Maintenance
Proposals for public artwork will be reviewed by the Design Review Board. A recommendation
will be forwarded to the Planning Commission for final approval.
II. Definitions
Artist
1. One who works in, is skilled in, or conceptually creates in any area of the fine arts,
such as painting, drawing, sculpture, etc., including mixed -media.
2. A "professional artist" is any person who, by virtue of professional training, exhibition,
history and/or critical review, is recognized by critics and peers as skilled in creating
works of art.
3. A person who has a reputation of artistic excellence, as judged by peers, through a
record of exhibitions, public commissions, sale of works, educational attainment, or
other means.
4. A person who is a working professional making the majority of their income from
creating artworks.
5. An educator who teaches studio art classes.
Art/Artwork
Any artwork that is intended to enrich the public environment for both City residents and
visitors. Artwork shall include, but not be limited to, sculptures, murals, paintings, graphic arts,
mosaics, photography, crafts, mixed media and environmental works.
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Exhibit A
1 Donor/Donate
2 The terms "donor", "donate" and all derivations thereof (e.g. donation, donated, etc.) shall
3 refer to the act of, and/or person responsible for, submitting proposal(s) for placement of
4 Public Artwork in a Public Place, pursuant to this Policy and includes any form of proposal,
5 including without limitation a proposed loan, license, gift, bequest, assignment or consignment,
6 or as may otherwise be applicable for a given proposal.
7
8 Public Art/Artwork
9 1. Artwork created by an Artist, Artists, and/or a collaboration of Artists and design
10 professionals, for a Public Place for the public to experience, or for a public purpose.
11 2. Art that is designed specifically for a public context or place which, through a public
12 process, influences that context or place in a meaningful way.
13 3. Artwork that is publicly visible and accessible during regular operating hours of the
14 City.
15
16 Public Place
17 Any structure or open space that is visible or accessible from a public right of way, such as a
18 sidewalk, streetscape, plaza, park, building, bridge, waterway, parking garage, or sports and
19 recreational facility. This Policy shall govern Artwork and/or Public Artwork in the following
20 Public Places:
21 1. City -owned park
22 2. City -owned open space or public right of way
23 3. City -owned pathway or trail system
24 4. City -owned buildings
25 5. City owned parcels
26
27 III. Review of Offers of Public Artwork; Recommendations to Planning
28 Commission
29
30 1. Documentation for Offers of Public Artwork
31
32 Written offers to place Artwork in a Public Place shall be made to the Planning Department and
33 forwarded to the appropriate City department for review and comment, and to the appropriate
34 commission and/or organization.
35
36 a. Drawings, photos or written descriptions of the Artwork(s) to be placed (including
37 size, colors, weight, materials and any information to establish that the Artwork has
38 the requisite physical integrity to withstand public display and exposure to the
39 natural elements). Acceptable forms might include photographic images of existing
40 work to be installed, computer-generated simulations, line drawings, color
41 renderings, or other means of graphic representation of the proposed installation
42 that adequately conveys the nature of the artist's proposal;
43 b. A written description of the background/historical information associated with any
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Exhibit A
art item, including but not limited to information about the creation of the Artwork(s)
and the artist (if applicable) who created it;
c. Artist biography;
d. A warrant of originality (if applicable);
e. The estimated value of each Artwork (including appraisals of the Artwork(s) if
available);
f. The anticipated date for the placement to occur and the length of time proposed for
public display. All surfaces must be restored to their previous state upon removal of
Artwork;
g. A site plan indicating the location of the location of the proposed Artwork.
h. The anticipated life of displaying the Artwork(s) in a Public Place;
L Environmental effects of the Artwork(s);
j. Proposed site and method of display (including any necessary hardscaping,
landscaping, buildings, utilities, security devices, anchoring or other information
necessary to insure public safety);
k. Signage proposed for the Artwork, including size, lettering and material. Signage shall
be limited to the artist's name, title, and date of work and, where appropriate, a
dedication with the name of the donor or lender
I. Estimates of the costs of installing the Artwork(s) for public display, including but not
limited to: physical anchoring of structures for public display, retrofit of existing
buildings or improvements, landscaping, lighting, security and maintenance, and
description of responsible party.
m. Plan for maintenance of the Artwork
A failure to provide the information outlined above may result in the City rejecting the offer to
place Artwork in a Public Place as insufficiently documented to warrant City staff time to
evaluate the offer.
All information provided is a public record and will be available for review at the Planning
Department during regular business hours.
2. Process for Review by Appropriate Commission and Planning Commission
Before making a recommendation to the Planning Commission, the Design Review Board will
consider the criteria for Artwork selection, Artwork location and site selection(s), and
documentation for placement of Artwork.
Then the Planning Commission must complete a review and approval for the Artwork proposal.
The following factors may be used by the DRB and Planning Commission when considering the
selection of Artwork for installation in Public Places:
a. Qualifications—Artists may be selected based on their qualifications as demonstrated
by past work, and the appropriateness of their concepts to the particular project.
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Exhibit A
1 b. Quality—Of highest priority are the design capabilities of the Artist and the inherent
2 quality of the Artwork.
3 c. Artistic Value—Public Artwork shall have a recognized aesthetic value.
4 d. Media—All forms of visual arts should be considered.
5 e. Appropriateness to Site—Artwork designs shall be appropriate in scale, material, form
6 and content to their immediate social and physical environments.
7 f. Size and Weight for Outdoor Artwork—Public Artwork located in an outdoor Public
8 Place shall be of appropriate and suitable weight to sustain interaction with the
9 public.
10 g. Size and Weight for Indoor Artwork—Public Artwork located in an indoor Public Place
11 shall not interfere with any activities the public would normally use in the public
12 facility.
13 h. Appropriateness to City's Public Art Purpose—Artworks should address a
14 commitment to enhancing Public Places, creating a sense of place and giving
15 character to neighborhoods.
16 i. Permanence—Consideration shall be given to structural and surface integrity,
17 permanence and protection of the proposed artwork against theft, vandalism,
18 weather, and excessive maintenance and repair costs.
19 j. Public Liability—Safety conditions or factors that may bear on public liability must be
20 considered in selecting an Artist or Public Artwork.
21 k. Diversity—Public Artwork shall strive for diversity of style, scale, media and artists,
22 including ethnicity and gender of Artists selected.
23 I. Communication—The ability of the Public Artwork to effectively communicate should
24 be taken into consideration.
25 m. Maintenance— The installation shall be kept in good repair. Any deterioration,
26 vandalism and other maintenance issues shall be addressed in a timely manner by
27 the Artist and/or sponsoring organization. Failure to properly maintain the
28 installation will result in notification for removal.
29
30 3. Artwork Location and Site Selection
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32 Artwork shall be located in a Public Place appropriate for such a purpose. Installation of the
33 Artwork shall be planned and implemented to enhance the work and allow for unobstructed
34 public viewing from as many points of view as possible. The responsibility and method of
35 installation shall be described in a Memorandum of Understanding ("MOU") between the City
36 and the donor and/or artist. Potential obstruction of growing trees, vegetation, shrubbery or
37 future construction shall be taken into account.
38
39 When selecting Artwork for Public Places, the Design Review Board and Planning Commission
40 and responsible department(s) shall consider:
41
42 a. Installation—The Artwork shall be able to be properly installed in a Public Place where
43 it can be viewed by the public in a safe manner.
44 b. Location—The Artwork shall be compatible with the design and location of the Public
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Exhibit A
1 Place. The Artwork shall also be compatible with the historical character of the site,
2 as well as the preservation and integration of the natural features of the Artwork.
3 c. Site Infrastructure—The Artwork shall be compatible with the site infrastructure
4 including, but not limited to, landscaping, drainage, grading, lighting and seating.
5 d. Impacts—The Artwork shall be compatible with adjacent property owners' views and
6 uses of their property and City operations. Consideration shall be given to noise,
7 sounds and light created by the Artwork. The Artwork and accessories shall not
8 present an attractive hazard to the public, or be positioned so as to create a "blind
9 spot" where illegal activity might take place. e. Accessibility—The Artwork shall
10 comply with Americans with Disabilities Act (ADA) requirements in addition to related
11 federal, state and local codes.
12
13 IV. Artistic Freedom of Expression
14
15 The City recognizes that free expression is crucial to making of works of Artwork of enduring
16 quality. At the same time, Artwork must be responsible to its immediate site in community
17 settings, relatively permanent in nature and funding sources. It is the policy of the City to
18 encourage free expression by artists consistent with due consideration of the value, aspirations
19 and goods of the City.
20
21 V. Non -Discrimination
22
23 The City recognizes that cultural and ethnic diversity is essential in programs sponsored by the
24 City, and seeks to be inclusive in all aspects. The City will not discriminate against any artist or
25 donor based on race, gender, ethnicity, age, socio-economic class, religion, sexual orientation,
26 abilities and politics, among other qualities.
27
28 VI. Compliance with Laws
29
30 The City reserves the right to require that placement of Artwork in a Public Place comply with
31 all applicable laws and ordinates of City of Ukiah, California and the United States of America.
32
33 VII. Indemnification
34 The City has no obligation to accept, display, or maintain any offer to place Artwork in a Public
35 Place. The City has the right to determine, at its sole and absolute discretion, what Artwork(s)
36 offered to it for public display will be accepted, displayed, or maintained by the City. If the City
37 elects to accept, display and/or maintain Artwork, it may require the following information as
38 conditions of acceptance:
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Exhibit A
1 1. Proper documentation indemnifying and holding the City harmless to any liability as it -H
2 relates to the Artwork, including documentation that the City will not be held liable to any
3 damage incurred to the Artwork;
4 2. Written explanation of legal issues, including but not limited to identifying the current
5 legal owner of the items, the existence of any copyrights, patents or other title rights in or
6 to the Artwork(s), such as any interests to remain with the artist or designer of the
7 Artwork(s), and an explanation of conditions or limitations on the item(s) and whether the
8 City or the donor will pay for such costs;
9 3. Any additional information the City deems necessary or appropriate to analyze the
10 offer.
11 4. Each owner of the artwork provides written proof of insurance to the level the City
12 feels is adequate.
13
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15
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