HomeMy WebLinkAbout2015-02-02 Ordinance 5301follows:
ORDINANCE NO. 5301
Ordinance of the Council of the City of Palo Alto Amending the Municipal Code
to add Section 2.26.070 (Public Art for Municipal Projects) to Chapter 2.26
(Visual Art in Public Places)
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as
A. Public art fosters economic development, enhances community vitality and
enriches the quality of life through the City.
B. Since 2005 Palo Alto has had a policy requiring City capital improvement projects
to devote 1 percent of the project's construction budget to public art, and in 2013 extended
this requirement to private developments.
C. The City wishes to confirm and strengthen its municipal public art program to
enhance the funds available for public art and to increase flexibility to provide art experiences
that are timely and re.levant throughout the community.
SECTION 2. The Palo Alto Municipal Code is amended to add Section 2.26.070
"Public Art for Municipal Projects" to Chapter 2.26 (Visual Art in Public Places):
2.26.70 Public Art for Municipal Projects
(a) It shall be City policy to set aside one percent (1%) of its annual Capital
Improvement Program (CIP) budget, as defined in the section, for the purpose of providing for
public art. Except as provided in this section, all CIP projects shall be subject to this policy,
including but not limited to buildings, shelters, parking garages and lots, restrooms, small
structures, parks, medians, landscaping, plazas, gateways, bridges, walls, tunnels, and street
and road construction. Salaries and benefits of public employees supporting CIP projects shall
not be included in the CIP budget subject to this ordinance.
The following CIP projects are excluded from this policy:
(1) ADA Compliance Projects (not including projects where ADA compliance is a
portion of a larger project).
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(2) Road, path and sidewalk repairs, including: traffic signals and upgrades, curb
and gutter repairs, sign reflectivity, road and parking sign age, resurfacing of
roads or other existing hardscape areas.
(3) Emergency repair projects.
(4) Cyclical replacement and repair oftrails, outdoor furnishings, or fencing.
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(5) Studies.
(6) Roof replacement.
(7) Mechanical, security, A/V equipment, HVAC, and IT installations, upgrades
and repairs.
(8) Art in Public Places CIP.
(9) Utilities projects, except where the project includes construction or
reconstruction of a building.
(10} Vehicle repair and replacement.
(11) Seismic upgrades and waterproofing.
(12) Projects where the majority of the cost is allocated to elements located
underground.
(13} Projects where prohibited by federal or state law, including projects or
portions of projects funded by grants from non-City sources that prohibit
expenditure of funds for art.
(b) Nothing in this Section is intended to prohibit the City Council from adopting an
ordinance or resolution establishing a public art contribution for any project otherwise
excluded from this policy or setting the public art contribution for any project at greater than
one percent of the CIP budget.
(c) Funds shall be deposited into the Public Art Fund. The City Manager or
designee, in consultation with the Public Art Commission, as. appropriate, shall determine public
or publically-accessible sites for art funded by the one percent for art policy. Funds may be
expended on public art at any appropriate site within the City. Funds from two or more CIP
projects may be pooled to fund a single work of art. Funds may be used for permanent or
temporary public art. The City Manager shall establish procedures to administer this policy,
including procedures for selecting sites, artists and art works.
(d) The City Manager may adopt administrative regulations to implement this
Section.
SECTION 3. Severability. If any provision, clause, sentence or paragraph of this
ordinance, or the application to any person or circumstances, shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance which can be given effect
without the invalid provision or application and, to this end, the provisions of this Ordinance
are hereby declared to be severable.
SECTION 4. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act ("CEQA"), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the ordinance
will have a significant effect on the environment.
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SECTION 5. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED: January 12, 2015
PASSED: February 2, 2015
AYES: BERMAN, DUBOIS, FILSETH, HOLMAN, KNISS, SCHARFF, SCHMID,
NOES:
ABSENT: BURT, WOLBACH
ABSTENTIONS:
ATTEST: .. /
~JON
~City Clerk
t--c APPROVED
Mayor
APPROVED:
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