HomeMy WebLinkAboutCC Public Art Review Board Bylaws Amendment____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: September 3, 2024
Disposition: Resolution 15340
Agenda Item No: 4.c
Meeting Date: September 3, 2024
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Clerk
Prepared by: Lindsay Lara, City Clerk City Manager Approval: ______________
TOPIC: PUBLIC ART REVIEW BOARD BYLAWS AMENDMENT
SUBJECT: RESOLUTION AMENDING THE PUBLIC ART REVIEW BOARD BYLAWS
RECOMMENDATION:
Adopt a resolution amending the Public Art Review Board Bylaws.
BACKGROUND / ANALYSIS:
In May 2022, the City Council established the Public Art Review Board consisting of three community
members, one representative from the Park and Recreation Commission and one representative from
the Design Review Board. On June 17, 2024, the City Council approved an amendment to the Public Art
Review Board Bylaws to include a stipend for serving on the Board. On July 15, 2024, the City Council
adopted an ordinance dissolving the Design Review Board and consolidating it with the Planning
Commission.
Since the Design Review Board function has been consolidated into the Planning Commission, staff
recommends the bylaws of the Public Art Review Board be amended to state that the City Council shall
appoint a member of the Planning Commission, instead of a member of the Design Review Board. The
number of representatives on the Public Art Review Board would remain the same. If approved, the Public
Art Review Board would be comprised of three community members, one representative from the Park
and Recreation Commission and one representative from the Planning Commission.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
OPTIONS:
The City Council has the following options to consider on this matter:
1.Approve the resolution as proposed.
2.Approve the resolution with modifications.
3.Direct staff to return with more information.
4.Take no action.
ATTACHMENTS:
1. Resolution, including Exhibit A: Bylaws of the Public Art Review Board
RESOLUTION NO. 15340
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AMENDING THE PUBLIC ART REVIEW BOARD BYLAWS TO UPDATE THE DESIGN
REVIEW BOARD REPRESENTATIVE TO THE PLANNING COMMISSION REPRESENTATIVE
WHEREAS, the City Council has voted to dissolve the Design Review Board and
consolidate the Design Review Board with the Planning Commission; and
WHEREAS, the Bylaws of the Public Art Review Board require that one member of the
Public Art Review Board be a member of the Design Review Board; and
WHEREAS, the Bylaws of the Public Art Review Board must be updated to require that one
member of the Public Art Review Board be a member of the Planning Commission instead of a
member of the Design Review Board; and
WHEREAS, the bylaws in Exhibit A attached hereto are recommended by staff and include
changing the term “Design Review Board” to “Planning Commission” throughout the Bylaws of the
Public Art Review Board.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby repeals and replaces
the City of San Rafael Bylaws of the Public Art Review Board with the version of the Bylaws attached
hereto and incorporated herein as Exhibit A.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Tuesday, the 3rd day of September 2024, by the following vote, to wit:
AYES: COUNCILMEMBERS: Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Bushey
___
LINDSAY LARA, City Clerk
EXHIBIT A: PUBLIC ART REVIEW BOARD BYLAWS
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 Planning Commission 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 may apply for stipends through
the Stipend Program at $50 per month, not to exceed $600 per year per member..
Section 2.4. Appointment of Committee Members. The representatives from the
Planning Commission and the Park and Recreation Commission will be selected by
the Planning Commission 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 Planning
Commission 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
Planning Commission 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.
Revised September 3, 2024