HomeMy WebLinkAboutCC Resolution 15072 (Public Art Program and Formation of the Public Art Review Board)
RESOLUTION NO. 15072
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE
FORMATION OF THE PUBLIC ART REVIEW BOARD
WHEREAS, on February 16, 2021, the City Council received a report regarding Public Art
Projects in the Terra Linda and Canal Neighborhoods and a proposed path for reviewing public
arts projects as part of a pilot public arts program; and
WHEREAS, on February 16, 2021, the City Council also adopted an ordinance amending
San Rafael Municipal Code, (SRMC) Section 14.25.040 to provide an avenue for exempting from
Environmental and Design Review, certain types of public art installations that are approved
through a City-established public art program; and
WHEREAS, subsequent to the Council Action, the City began processing two public art
projects: Terra Linda Public Art Project and the Canal Mural Project; and
WHEREAS, the City worked with the two public art projects to pilot a review process and
to develop a streamlined public art review program; and
WHEREAS, staff have gathered lessons learned from the pilot processes, conducted
research on public art programs in other cities, and engaged a consultant that specializes in public
art programs to develop a Public Art Program designed to meet the current needs of the City of
San Rafael; and
WHEREAS, a critical component to the development of a Public Art Program is the
establishment of a Public Art Review Board with clear and transparent criteria for the review of
public art; and
WHEREAS, on May 16, 2022, the City Council held a duly noticed public meeting and
was presented a proposed framework for establishing a permanent public arts program within the
City, and accepted public testimony; and
WHEREAS, the City Council, finds that establishment of a public arts program is
consistent with the Arts and Culture Element of the General Plan including the following policies:
• Policy AC-1.1: Cultural Center of Marin
Continue to promote San Rafael as the hub of arts and culture in Marin County.
• Policy AC-1.2: Arts Programming
Encourage and support an array of cultural arts programs and activities addressing the
needs and interests of the whole community
• Policy AC-1.3: Partnerships
Promote and strengthen partnerships and collaborative arts programming with local
artists, schools and institutions of higher learning, community-based organizations, the
County of Marin, the private sector, and non-profit arts organizations.
• Policy AC-1.4: Inclusive Activities
Encourage activities, entertainment and events that reflect San Rafael’s diverse cultural
heritage and population. Programming should be inclusive of all ages, ethnicities, genders,
abilities, and socioeconomic groups. Participation in the arts should be supported as a
way to promote intercultural understanding, and to bridge differences and forge unity. All
residents should have access to arts and cultural activities.
• Policy AC-1.5: Public Art
Promote a stimulating and engaging environment through the greater display of public art,
including both temporary and permanent works. Locations throughout the city should be
considered.
• Policy AC-1.6: Space for the Arts
Encourage and promote the creation of public and private arts and cultural space in the
city, such as galleries, theaters, indoor and outdoor performance spaces, music venues,
and cultural centers.
• Policy AC-1.9: Arts-Supportive Environment
Create an environment that is supportive to arts professionals.
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San
Rafael hereby establishes the Public Art Review Board and establishes the responsibilities and
duties of the Public Art Review Board members as specifically delineated in Exhibit “A” attached
hereto and incorporated herein.
BE IT FURTHER RESOLVED, the City Manager or their designee is authorized to
approve contracts, waivers, insurance, and other documentation needed to implement the
program.
I, LINDSAY LARA, Clerk of the City of San Rafael, California, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the
Council of the City of San Rafael held on the 16th day of May 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk
PUBLIC ART REVIEW BOARD BYLAWS
ARTICLE I. NAME AND PURPOSE
Section 1.1. Name. The name of this body shall be the City of San Rafael Public Art
Review Board, hereinafter referred to as the "Public Art Review Board," or the “Board.”
Section 1.2. Purpose. The Public Art Review Board’s purpose is to help administer
the public art review process and to advise the City Council on public art installations.
Section 1.3. Committee Responsibility. The Public Art Review Board’s authority
over long-term art proposals (greater than one year) is advisory only and the Board
will issue a recommendation to City Council to approve or reject a proposal. For short-
term art proposals, the Public Art Review Board has the authority to approve
exhibitions. At staff’s discretion, certain short-term projects may be required to obtain
City Council approval, depending on project impact.
The Public Art Advisory Committee’s responsibilities shall be in accord with these
Bylaws, as amended from time-to-time by the City Council.
The responsibilities and duties of the Public Art Review Board shall be as follows:
1. Work with Staff in the review and approval of public art projects.
2. Review all proposals for public art and recommend select projects to City
Council for approval.
3. Monitor the overall development of public art projects, encouraging balance
over time with respect to background, gender, and other identities of artists
selected and also with respect to styles of expression, media, and genre.
4. Provide opportunities for community input and resident participation.
5. To use the following Public Art Review Criteria in evaluating all public art
proposals:
a. Project Readiness: Projects can demonstrate readiness through
completeness of design, skill/experience of the artist(s) or project
manager(s), secured funding for art piece and cost of installation,
successful community engagement, identification of an appropriate site,
and proposed schedule. The Public Art Review Board may encourage
an applicant to reapply, if they deny a proposal as not sufficiently ready
but with specific promise to demonstrate future readiness.
b. Qualifications: Artists, artist teams, or project manager must be able to
demonstrate, through past work – as evidenced in a resume, portfolio,
and reference – their ability to create quality artwork and act with the
utmost professionalism. In most cases, artists have considerable
training and experience working professionally at and have been
compensated for their art. For certain projects, the City will consider
emerging or non-professional artists, who are working under the
guidance of a professional mentor or art teacher.
c. Funding: Projects should have a funding source identified and project
implementation will be contingent upon receipt of full funding for the
project. The City does not provide project funding for public art.
d. Community Engagement: Proposed projects that have completed their
own public engagement process will be prioritized.
i. For long-term projects (installation planned for more than one (1)
year): A minimum of one (1) public meeting and three (3) letters
of support are recommended. Successful public meetings might
involve the local homeowner’s association (HOA), neighborhood
associations, or business owners. The Public Art Review Board
must be informed of these meetings ahead of time and allowed
to opportunity to attend.
ii. For short-term projects that are viewable within the public right-
of-way: A minimum of two (2) letters of support is recommended.
iii. In both instances, it is recommended that one of the letters of
support be from the local homeowners’ association (HOA) or
neighborhood association, if applicable.
iv. Short-term projects inside a public facility are not required to
conduct community engagement, outside of that undertaken
through the Public Art Review Board process.
e. Maintenance: Works of art will have reasonable maintenance
requirements and these requirements shall be compatible with routine
City maintenance procedures. For projects that require more
maintenance than current City budgets and staffing allow or a specific
expertise, the project must set aside sufficient maintenance funding for
the duration of the project and must develop an agreement for
maintenance to be performed by private parties, as approved by City
staff.
f. Design: Works of art will be designed in consideration of the relevance
and appropriateness of the work to the context of the site and in
alignment with public safety and decency.
i. The artwork will not portray themes that may be interpreted as
derogatory as to race, religion, sexual orientation, natural origin,
or physical or mental disability. The artwork will not contain
content, signage, names, logos, or subject matter that could be
construed as advertising or as religious or sexual in nature nor
will it promote a political candidate or include political text. Any
content considered obscene or indecent by community
standards will be denied.
ii. The design of the artworks will take into consideration issues
associated with public spaces such as security, theft, vandalism,
etc.
iii. The design of the artworks will consider the specific needs and
use patterns of the public space in which they will be located. For
example, in parks, works of art will not block critical view corridors
or impede public usage of key open space.
g. Diversity: Artists and the City's public art collection should reflect the
diversity of San Rafael’s community. The Public Art Review Board shall
monitor the overall development of public art projects, encouraging
balance in the City’s collection over time with respect to background,
gender, and other identities of artists selected and also with respect to
styles of expression, media, and genre.
ARTICLE II. MEMBERSHIP
Section 2.1. Number of Members. The Public Art Review Board shall consist of five
(5) voting members as follows: three (3) at-large members, one (1) representative
from the Design Review Board, and one (1) representative from the Park and
Recreation Commission. The Councilmember in whose district the public art is
proposed will participate as a non-voting liaison to the City Council as part of the
selection process.
Section 2.2. Eligibility. Members of the Committee shall be at least 18 years of age
and reside within the City limits. The three (3) at-large members shall reflect the
diversity of San Rafael, with professional qualifications in the visual arts and/or civic
design, such as artists, architects, landscape architects, arts educators, arts
administrators, urban designers, urban planners, or owners/managers of a creative
business.
Section 2.3. Compensation. Committee members serve without compensation.
Section 2.4. Appointment of Committee Members. The representatives from the
Design Review Board and the Park and Recreation Commission will be selected by
the Design Review Board and the Park and Recreation Commission, respectively, on
a biannual basis. The at-large members will be selected by the City Council.
Section 2.5. Terms of Appointment. The at-large Board members will serve a
maximum of two (2) four (4) year terms. The representatives from the Design Review
Board and the Park and Recreation Commission shall serve a term of two (2) years,
but not more than two consecutive terms. However, if there is a vacancy, the Design
Review Board and the Park and Recreation Commission have the authority to extend
the current representative’s term at their discretion. Board Members serve at will and
are subject to appointment and/or removal at the discretion of City Council.
Section 2.6. Absence and Removal. An unexcused absence from two (2)
consecutive Committee meetings without notification to the Staff Liaison, or six
absences (whether excused or unexcused) in any term, shall be considered a
voluntary resignation from the Committee. Committee members who had previously
resigned may be eligible for reappointment to the Committee.
Section 2.7. Conflict of Interest. A member of the Board who has a financial,
business, familial or romantic relationship regarding a matter coming before the Board
shall disqualify themself from all participation in that matter.
ARTICLE III. MEETINGS
Section 3.1. Time and date of Regular Meeting. Notification of meeting place,
date, and time shall be rendered to the public through posting on the City of San
Rafael website. Public meetings shall be held a minimum of four (4) times per year
but may meet more frequently or on an ad hoc basis, as needed. Quarterly meetings
shall be scheduled annually with the quarterly meeting schedule for the upcoming
year will be set by November of the previous year.