HomeMy WebLinkAboutStaff Report 4138 (2)
City of Palo Alto (ID # 4138)
Policy and Services Committee Staff Report
Report Type: Meeting Date: 10/8/2013
City of Palo Alto Page 1
Summary Title: Public Art Program for Private Developers
Title: Provide Direction Regarding Proposed Public Art Program for Private
Developments, Public Art Master Planning Process, and Staffing Plan to
Support Public Art Programs
From: City Manager
Lead Department: Community Services
Recommendation
Staff recommends that the Policy and Services Committee recommend that Council:
1. Approve a Public Art Program for Private Developments, including adopting an ordinance
establishing art requirements and other key provisions (Attachment C).
2. Direct staff and the Public Arts Commission to engage the public in a Public Art Master Plan
process that will guide public arts acquisitions and programming under the Public Art
Program.
3. Direct staff to evaluate and bring forward recommendations regarding Public Art staffing,
maintenance, project management, capital improvement needs and revenue estimates as
part of the FY 2015 Proposed Budget document.
4. Direct staff to return to the Committee in 2014 with recommendations to update the
municipal percent for art policy that applies to City capital improvement projects.
Executive Summary
In April 2013, Council directed staff to expand the City’s percent for art policy to include private
development in Palo Alto (See Colleagues Memo of April 8, 2013, and Meeting Minutes-
Attachment A). The key objectives outlined in the April Council action were:
Reflect the creative and vibrant community that lives, works, and visits here.
Encourage a variety of art experiences to enhance the visual landscape of our city.
Offset the collection maintenance and public art project management costs to the
general fund, eventually resulting in a more self-sustaining public art program.
City of Palo Alto Page 2
Accordingly, staff proposes in this report:
A recommended public art program for private developments, based on the intersection
of best practices in other similar cities, informed by discussions with local developers.
A draft ordinance establishing the private development art requirement and other key
provisions.
A proposal to increase the capacity of the Public Art program staff in order to
successfully manage its growth and support enhanced programs.
Staff proposes to return to Policy and Services in 2014 with recommendations to update the
policy governing the municipal percent for art program that applies to City capital improvement
projects.
Background
Summary of Research on Public Art Programs for Private Developments
Staff researched the growing national trend of including private developments in public art
ordinances, with special focus on California cities of comparable size and/or proximal
geographic location. Research revealed the following (For full report, see Percent for Art
Programs Grid Attachment B):
In California alone, more than 48 cities have a public art policy for private development.
Some of those in the Bay Area include Sunnyvale, San Mateo, Alameda, Berkeley,
Dublin, Emeryville, Livermore, Walnut Creek, and San Francisco.
Almost all of the cities with private development art programs offer an option for the
developer to pay fees to a Public Art Fund in lieu of providing art on site. Fees are used
for other Public Art acquisitions and programming. Some cities create incentives to
developers to choose the in-lieu fee option, by lowering the dollar amount required.
In most cities, Public Art Commissions exercised review and approval of public art, but
building owners retained the ownership and maintenance responsibilities for the
artwork. When the property is sold, the artwork is sold along with the property.
Most cities recommend that the developer hire an art consultant to guide the art
selection and fabrication process. Some offer these services through Public Art Program
staff at a comparable rate.
Many cities require public art for projects with construction cost of between $200,000
and $500,000 and above.
Some cities have exemptions for houses of worship, nonprofits, low income housing or
hospitals. However, few projects are given exemptions and some cities such as Walnut
Creek and Pasadena offer no exemptions at all.
Most cities refrain from issuing a Certificate of Occupancy until the public art
requirement has been fulfilled.
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Most cities require the artwork be visible or accessible to the public at least 8 hours a
day during the work week.
A majority of cities have a Public Art Master Plan to guide art consultants in choosing
artworks in keeping with the chosen priorities of that community, as well as to assist
staff in the use of Public Art funds.
Staff and Public Art Commissioners have contacted developers in Palo Alto to assess their level
of support for an expanded Public Art program. Private developers appear to have a basic level
of support. Various developers offered the following suggestions:
Ensure that the City articulates and follows a clearly outlined process
Consider capping art expenditures for large projects
Offer an option to pay fees in lieu of providing art on site
Allow developers to have a voice in what is placed on their property
Draft contracts with artists that allow developers flexibility should conditions at the site
change
Emphasize larger and more impactful artwork for off-site art
Consider a broad definition of art that might include artist designed benches, doorways,
drain spouts, and other utilitarian elements.
Discussion
Recommended Elements of a Public Art Program for Private Developments:
Purpose and Goals
Public Art is any large scale work sited in public spaces. Public art can be funded and owned by
the public sector (like the City of Palo Alto) or the private sector (such as commercial property
owners, hospitals and hotels).
The Public Art Program for Private Developments is intended to enhance the built environment
in Palo Alto and create a sense of place and civic pride, enabling the City to physically reflect its
intrinsic creativity and innovative spirit. Adding public art to private development and
supporting a broader public art program will enrich the built environment for residents and
visitors alike, spawn art projects that can enhance a development project or corporation’s
image, and stimulate cultural tourism and economic development. It is expected that the
resulting artworks will be visible from public areas, streets and sidewalks, thus enriching the
diversity of creative expression in Palo Alto.
The Public Art Program for Private Developments will be supported by Municipal Code
provision (see draft ordinance, Attachment C), and implementing policies to be drafted to carry
out the Council’s programmatic direction.
Qualifying Projects
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The requirement will apply to any new commercial development, addition or reconstruction
that is (a) over 10,000 square feet, and (b) has a valuation of $200,000 or more. Architectural
drawings and required studies for a project are not counted in the valuation threshold. The
requirement will also apply to residential projects of five units or more.
Exemptions
The following development projects are exempt from the public art requirement:
Houses of worship
Historic preservation sites
Affordable housing projects
Housing of four units or less
PAUSD projects
Repair or reconstruction of structures damaged by flood, fire, wind, earthquake or other
calamity
Seismic retrofit projects
Clarifications regarding exemptions:
Exempt projects can choose to opt in to the public art program
Stanford property within City limits is not exempt
Hospitals are not exempt
Calculation of the Art Requirement
Projects meeting the program qualifications will be required to set aside 1% of the estimated
Construction Valuation that is submitted at the time of entitlements, as part of the planning
entitlement process, with conditions of approval due prior to building permit application.
Project costs over $100M (with that number subject to adjustment upward through an
inflationary formula) should be assessed at .9%.
Requirements for On-Site Art
Artwork may be commissioned on site. On-site art should be visible or accessible to the public
at least 40 hours per calendar week.
If artwork is being commissioned on site, developers will meet with the Public Art Program
Manager within 60 days of the developers’ initial consultation with the Planning Dept. (See
Flow Chart Attachment D.) This consultation must happen before public hearings with the
Architectural Review Board or Planning and Transportation Commission are held, and prior to
Planning Director or Council approvals of Planning entitlements.
To ensure the best possible coordination and communication, developers choosing to
commission artwork on-site are encouraged to contract with one of the City’s public art project
managers (City staff or City-recommended consultant) to facilitate the entire process of
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commissioning public art, including the artist selection, design proposal, contract and financial
management, fabrication and installation of the artwork. Typically, fees for public art project
management and administration are approximately 20% of the total public art budget. The City
will charge 20% of the public art budget for on-site Public Art Project Management. For on-site
artwork that the City does not project manage, then 5% of the art budget will be allocated to
the Public Art Fund to offset Public Art Administrative costs.
All designs for public art must be reviewed by the Public Art Commission prior to fabrication.
The developer’s Project Manager for the public art (whether contractor or City staff) must work
closely with the City staff to ensure that initial and final reviews by the Public Art Commission
are completed in a timely fashion. The artwork locations and information will be submitted
with the Architectural Review Board submittal documents, but the approval of the artwork will
fall within the jurisdiction of the Public Art Commission.
The artwork must be completely installed and verified by staff prior to issuance of the
certificate of occupancy.
Developer’s Option to Pay Fees in Lieu of Providing Art On-Site
The developer may elect, at his or her option, to pay a fee into the Public Art Fund in lieu of
providing on-site art. The fee will be calculated at .95% of the estimated Construction
Valuation that is submitted at the time of entitlements, as part of the planning entitlement
process, with conditions of approval due prior to building permit application. Projects with a
public art allocation under $15,000 are encouraged to submit the funds to the Public Art Fund.
Should the developer choose to pay into the ‘in-lieu’ Public Art Fund, the in lieu fees will be
transferred to Public Art Fund, which may be aggregated to create larger, more impactful
projects such as gateways and high traffic spaces; community based art projects; rotating
exhibitions of temporary public art; and other creative place-making events.
If the developer chooses the in-lieu option, no initial meeting is required within 60 days of
submission of the application. In-lieu payments for art, however, must be received prior to
issuance of Building Permits.
Criteria for Eligible Art and Artists
Staff anticipates that artworks by a diverse pool of local, regional, national and internationally
renowned artists will contribute to the cultural fabric of Palo Alto. In order to integrate the art
as much as possible into the construction project, it is critical to have the selected artist on
board with the project design team as early in the process as possible. The program is best
supported by artists with demonstrated past experience in successful public art projects that
respond to the site and community. With the assistance of the City’s public art project
manager, developers should review proposed artists based upon their proposed art concept,
but also on education, exhibition history and previous work.
The developer’s Project Manager for the public art (whether contractor or City’s public art
project manager) will work with the Public Art program to devise the best method of artist
City of Palo Alto Page 6
selection for that particular project or site(s) and present the selection methods, budget and all
applicable materials to the City’s Public Art Manager for review by the Public Art Commission.
Selection methods include open competition, limited competition or direct commission of a
specific artist, based on their unique qualifications.
Contracts and payments will be negotiated between the Developer and the artist. Artists’ fees
are typically 15-25% of the overall art budget, with the remainder for the cost of fabricating and
installing the artwork, as well as project management and administration. Developers are
responsible for contractual relationships with selected artists, including provisions relating to
artists’ rights. Copies of the contracts, payment schedules and budgets will need to be
submitted to the Public Art Manager for review prior to the project presentation to the Public
Art Commission.
Ownership/Maintenance/Removal
The artwork is commissioned by the developer and thus is owned and maintained by the
developer. The City will have the right to include the artwork on public art virtual or physical
tours, as long as such a tour would not impede normal business. If the property is sold, the
ownership of the artwork will be transferred with the property, along with the maintenance
responsibilities.
If a building owner wishes to sell, de-accession or remove artwork from a site, the owner must
notify the City a minimum of 90 days before removing the work. The owner must receive prior
approval from the Public Art Commission. The developer will be required to replace the sold or
de-accessioned artwork with an alternative work of equivalent or greater value, as determined
by the Public Art Commission, in current dollars. In the alternative, at the developer’s election,
the developer could choose to pay fees in lieu of replacing on-sight art, at a reasonable rate
equivalent to the cost of replacing the art in current dollars, as determined by the Public Art
Commission.
Eligible Expenses for Public Art Funds
The Public Art program is receptive to a broad range of styles and media in the arts. Only
original, artist-designed and produced unique artworks are considered. Pre-fabricated or mass
produced works are not acceptable. The artist typically may not be an employee or have a
current business interest or be a relative of the architect, project manager, anyone on the art
selection panel, landscape architect or hold that title him/herself.
Eligible expenses include:
Sculpture, painting, new media art, light and sound installation, and other original, site
specific artworks
Artist-designed amenities (such as streetscapes, paving treatments, lighting treatments,
benches, way-finding, water features, etc.)
If artwork is part of a limited edition series, the series must be no larger than 20.
City of Palo Alto Page 7
Structural elements to mount, display or secure the artwork
Professional fees for the artist
Additional labor and contracted services required for the production and installation of
the work.
Any required permit or certificate fees related to the artwork
Artist’s operating expenses related to the project
Transportation and installation costs for the artwork
Identification plaque installed on site (required)
Ineligible Costs:
Mass produced “art objects”, such as play equipment, fountains or statuary objects.
Reproductions, by mechanical or other means, of original works of art, except in the
cases of film, video, photography, printmaking or other media arts.
Decorative, ornamental or functional elements that are designed by the building
architect as opposed to an artist commissioned for this purpose.
Landscape architecture or gardening except where these elements are designed by the
artist or are integral to the work of art.
Services or utilities required to operate or maintain the artwork over time.
The final artwork and identification plaque must be installed and confirmed in accordance to
plan, prior to the issuance of the Certificate of Occupancy may be issued. The plaque must
include, but is not limited to, name of artwork, name of artist, medium, size, City of Palo Alto
and be in compliance with Americans with Disabilities Act regulations.
Use of Public Art Funds and Project Management fees
The Fund shall be used for City-owned art or to support project and/or collection management
efforts of the public art program. The funds may be used for the following types of expenses:
Acquisition and installation of temporary or permanent works of art in public places,
Publicly accessible exhibition of art,
Community based public art events,
Project and collection management expenses associated with the Public Art Program,
limited to 20% of Public Art Funds
Outside of the normal budget process, staff will submit accounting annually to the Council to
report how the funds were spent and the plans to spend them for the following year. Staff will
provide a report evaluating the program to Council within the first two years of the inclusion of
private developers in public art requirement.
Creating Vision and Buy-In Through a Public Art Master Planning Process
City of Palo Alto Page 8
Following best practices in Public Art, a comprehensive Public Art Master Plan is needed to
guide the vision and implementation of the future of public art in Palo Alto. We wish to engage
the community in multiple discussions and design charettes on the vision of art in public places
in Palo Alto and the range of projects that are appropriate and desirable for this community, as
well as relevant issues like conservation, collection management, trends in the fields of
architecture and public art. The Public Art Master Planning process has been very successful in
other communities wishing to grow a responsive and successful public art program. By bridging
the desires of the residents with inspiring artists, the process enriches and highlights the
cultural fabric of a community. The Public Art Master Plan will engage the community in
deciding which types of art opportunities are priorities within Palo Alto in the public realm. The
resulting Public Art Master Plan will be an important resource for the City, art consultants and
private developers. Upon Council approval of the Public Art Program for Private Development,
staff will initiate a Public Art Master Plan process, using a consultant, to work with the public to
create a long-term vision for public art in Palo Alto.
Budgetary Issues
According to internal Planning Dept. data, an approximate forecast of future private
development projects over the next three years total a conservative estimated valuation of
$275,000,000, excluding Tenant Improvement (TI) projects. This figure is based on conservative
estimations from the Planning Department, confirmed at the time of application for a Building
permit. Staff expects to exempt current projects in the pipeline that have received their final
building permits, which will also bring the number down. If many of those projects are realized
and meet the public art requirements, they could bring in as much as $2,000,000 for art
projects. A modest amount of those funds could be used to offset operational costs.
Since ascertaining valuation of future development projects is at best a guestimate at this point
in time, staff has compiled a snapshot of the last three years in order to determine a baseline:
FY2013 EST. PRIVATE DEVELOPMENT PROJECTS ELIGIBLE FOR PUBLIC ART ORDINANCE
Total Job Value Range 1% Percent for Art Budget Range 20% of 1% Ops Fee Range
Est. Commercial Additions:
$12,485,000 $124,850 $24,970
Est. New Mixed Use
Commercial:
$17,325,000 $173,000 $34,600
Est. New Commercial
Buildings:
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Up to $ 154,062,637 Up to $1,500,000 Up to $300,000
Est. Commercial Remodels:
$51,750,000 $517,500 $ 103,500
Total Job Value Range 1% Percent for Art Budget Range 20% of 1% Ops Fee Range
$235,622,637 $2,356,226 $471,245
_____________________________________________________________________________
FY 2012– EST. PRIVATE DEVELOPMENT PROJECTS ELIGIBLE FOR PUBLIC ART ORDINANCE
Total Job Value Range Percent for Art Budget Range Administrative Fee Range
Est. Commercial Additions:
$32,278,000 $322,780 $64,556
Est. New Mixed Use
Commercial:
$8,141,750 $ 81,417 $ 16,283
Est. New Commercial
Buildings:
$ 88,115,400 $881,154 $176,230
Est. Commercial Remodels:
$75,265,500 $752,655 $150,531
Total Job Value Range Percent for Art Budget Range Administrative Fee Range
$ 203,800,650 $2,038,006 $ 407,601
FY 2011– EST. PRIVATE DEVELOPMENT PROJECTS ELIGIBLE FOR PUBLIC ART ORDINANCE
Total Job Value Range Percent for Art Budget Administrative Fee
Est. Commercial Additions:
$2,174,627 $21,746 $ 4,349
Est. New Mixed Use
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Commercial:
$9,818,382 $ 98,100 $ 19,600
New Commercial Buildings:
$ 0 $0 $0
Commercial Remodels:
$21,887,492 $218,866 $43,773
Total Job Value Range Percent for Art Budget Administrative Fee
$ 33,880,501 $338,712 $67,722
As demonstrated above, there has been a huge increase in private development projects
between 2011 and 2013, which would have identified approximately $2.5million for public art
for that three year period. It is also important to note that the tenant improvement projects, or
remodels, are not captured in the future projections below, although they are reflected in the
past three years of building permits above.
Thus, the $275,000,000 estimate for the next three years is low, allowing for unpredictable
economic shifts and the time needed for the public art allocations to accumulate.
We estimate that the new ordinance may generate as much as $2,000,000 for public art in the
first three years of implementation. Of that amount, we estimate that at least $200,000 could
be available to offset operational expenses associated with running the program.
Municipal Ordinance and Public Art Projects
Palo Alto has a municipal percent for art policy, which requires one percent of City capital
improvement projects to be used for public art. In contrast to the resources that can
potentially be generated through a private development percent for art program, the current
projection of municipal percent for art projects in the next three years includes $150,000
divided between six identified projects. The art budgets for these projects range from $1,000
to $81,000. There are currently other potential projects that could add to the public art budget,
but they have not yet earmarked funds for percent for art.
In order for the City’s public art program to foster meaningful creative placemaking -integrating
the work of creative professionals, arts organizations and artists into our public spaces in
collaboration with the community - the City policy should be amended to provide for earlier
identification of municipal percent for art projects and pooling of funds from small projects.
The staff anticipates returning to Policy and Services with an updated municipal policy in 2014.
City of Palo Alto Page 11
Resource Impact
Building Structural Capacity
Like all public art programs, project management demands a lot of staff time- whether CIP
construction projects, conservation or maintenance projects. Those demands mixed with the
need for expertise in visual arts, working with artists and the community selection process, and
the inherent problems associated with public art projects, plus supporting a commission,
require a dedicated leader and manager with a high level of expertise in the field.
Currently the Program is staffed by one half-time employee (management specialist) and one
program support staff member. The Assistant Director of Community Services/ Director of Arts
& Sciences also provides approximately 25% of her time to the program. Due to the demands
of the current workload and the additional staffing resources anticipated to support an
expanded program, staff plans to evaluate staffing needs and bring forward recommendations
as part of the FY2015 budget process based on the analysis of spending on staff, maintenance,
project management, capital improvement needs, and in-lieu art program revenue estimates.
Approximate Timeline
Fall-Winter 2013 – Ordinance, policy, budget and basic plan approved by City Council.
Spring 2014 - Refinement of Documents for Developers, creation of pool of qualified
artists and consultants, projects subject to the policy are identified.
Summer 2014 – RFQ for Strategic Cultural Plan and Public Art Master Plan created and
released
Fall-Winter 2014 – Planning Process begins
Spring-Summer 2015 - Adoption of Public Art Master Plan by PAC, and made available to
public, art consultants and developers. Report back to Council on progress to date,
proposed changes, and evaluation.
Impact
Palo Alto, like our neighboring communities, struggles with land use issues, zoning and
development. It becomes increasingly difficult for each of us to differentiate our City from
another as similar developments move into each community. Finding a balance between our
economic development needs and the soul of our community is a creative challenge. Palo Alto
wants to preserve its sense of its own history and destiny. By implementing percent for art into
our development process now, Palo Alto can ensure that we can preserve our cultural and
artistic heritage and create new ways to express ourselves as a community.
In the first five years of passing this ordinance, Palo Alto will be able to engage the community
in creating a Public Art Master Plan, and begin to see the first qualifying private projects
become implemented and installed. The next five years will see the implementation of
significant, landmark artwork and a steady stream of projects incorporated into private
development. At this stage, the presence of the private development percent for art program
will become visibly apparent and a vibrant sense of place will emerge in its physical and cultural
landscape. More frequent temporary public artworks and related events will become part of
City of Palo Alto Page 12
Palo Alto’s regular cultural programming. By ten to fifteen years from the implementation of
the ordinance, public art will be fully integrated into all areas of the City, from creative bike
racks and wayfinding to destination artworks. Palo Alto will be known for its innovation, its
engaged community, its environmental commitment and its outstanding public art.
The long range implications of expanding the public art policy to include private developments
will need to be evaluated within 24 months in order to gauge the full impacts to the budget,
staffing and maintenance funds. Because it is difficult to determine from the initial permit
process how many projects will actually come to fruition or in what timeframe, estimating the
total dollar impacts at this time is difficult. It is expected that the dollar amounts will ebb and
flow from year to year and need to be managed conservatively.
Policy Implications
The expansion of art exhibitions into the public realm is consistent with Community Services
section policy C-23, “Explore a way to expand the space available in the community for art
exhibitions, classes and other cultural activities.”
This process is consistent with policy G-2 of the Governance section, “Use advisory bodies and
ad hoc committees to assist City Staff and the City Council on policy issues”.
Attachments:
Attachment A: Memo and Minutes (PDF)
Attachment B: Pub Art Survey conducted by Walnut Creek 2012-1 (XLS)
Attachment C - Draft Ordinance (PDF)
Attachment D: Process Flow Chart (DOCX)
Attachment A
Attachment A
Attachment A
Attachment A
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Alameda
pop. 74,774
Community
Development
0 staff currently
Public and private
development
1. Commercial, industrial, municipal or residential
projects that create 5 or more residential units
with building development costs of $250,000 or
more
2. Remodels with construction value equal to or
more than 50% of replacement cost of building
1% of building development costs, or
Program allocation payable in-lieu
1. Public art program on hold
2. Approvals by Public Art
Commission
Berkeley
pop. 113,905
Economic
Development
1 FT staff funded by
general fund
Capital improvement
projects (no
requirement for
private
development)
Eligible capital projects including any
improvement to public property as determined by
the City Manager annually
1% of project budget for art plus
.5% of project budget for
administrative costs excluding land
use planning consultants, feasibility
studies and various costs, fees and
surveys, or
Funds payable to in-lieu
1. Approvals by Civic Arts
Commission
2. City Council may appropriate
general fund money to a project if
necessary
Beverly Hills
pop. 34,358
Community
Services
3 FT staff as
needed funded by
general fund
Private development
(no requirement for
public development)
1. Any new commercial, industrial or mixed use
building
2. Reconstruction within any 12 month period
where exterior changes exceed $5,000 and total
exceeds $500,000
(Renovations exempt if requirement has already
been met)
1% of total construction cost between
$500,000-$1 million
1.5% of total construction cost over $1
million, or
In lieu payment of 90% of the value
acceptable
1. Approvals by Fine Art
Commission; City Council reviews
denials only
2. Admin costs are not tracked
3. Some general fund money may
be used for annual maintenance
Brea
pop. 39,883
Community
Services
1 PT staff (15
hrs/wk) funded by
general fund
Private development
(no requirement for
public development)
1. Improvements to commercial, industrial or
residential structures; or
2. Commercial, industrial or residential projects
with 5 dwellings or more with total building
valuation of $1.5 million
1% of total building valuation
(For projects with multi-level parking
structures, the area of one floor will be
excluded from the total building
valuation)
1. Approvals by Art in Public Places
Committee
2. Admin costs are not tracked
3. No other funding from general
fund
Burbank
pop. 104,092
Park, Recreation &
Community
Services
1 FT + 1 PT staff as
needed funded by
general fund
Public and private
development
1. Commercial or industrial projects with building
valuation higher than $500,000
2. Multifamily residential projects with building
valuation higher than $1.5 million
3. Public capital improvement projects over
$500,000 not exempt by legal restrictions or City
Council
4. Remodels or additions where building valuation
is increased by more than 50%
1% of total project cost for first $15
million, plus (if applicable)
.75% of total project cost for portion
between $15-25 million, plus (if
applicable)
.50% of total project cost for portion
equal to or in excess of $25 million (if
applicable), or
Minimum allocation payable to in-lieu
1. Parking garages excluded from
TPC calculation
2. Approvals by Arts in Public
Places Committee and also City
Council for public projects
3. Admin costs are not tracked
4. No other funding from general
fund
Carlsbad
pop. 106,888
Cultural Arts Office
3 FT staff as
needed funded by
general fund
Capital improvement
projects (no
requirement for
private
development)
Any CIP project (park, fire station, etc.) that is
approved for art by the City Council or City
Manager
1% of total project cost 1. No other funding from general
fund
12/18/2012 Page 1
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Chico
pop. 86,290
City Manager's
Office
1 FT staff @ 25%
funded by general
fund
Public projects
(private
development
projects are
encouraged to
participate in a
voluntary program)
Eligible capital projects with a cost of $200,000 or
more
1% of total project cost, or
Funds payable to in-lieu
1. Approved by a committee and
Arts Commission. Members of the
committee depend on the project
and how it is funded
2. Admin costs are tracked and
billed for capital projects
3. Additional general funds for
Community Organization Funding
program. Artist mini grants of
$2,000 for small projects. Budget
was $83,000 for 2011-12
Concord
pop. 124,055
None Program lost after the "Spirit Poles"
Culver City
pop. 39,165
Cultural Affairs
1 FT staff as
needed funded by
enterprise fund
(transportation)
Public and private
development
1. New residential development of more than 4
units over $500,000
2. Commercial, industrial and public building
development projects over $500,000
3. Rehabilitations/renovations over $250,000
(improvements by new tenants are subject to
requirement if threshold is met)
1% of total building cost, excluding
land acquisition and off-site
improvement costs, or
1% payable to in-lieu, or
1% donation of artwork to the City
1. Building architecture (or
component thereof) can be
considered art to fulfill requirement
with approval
2. Approvals by Cultural Affairs
Commission
3. No other funding from general
fund
Danville
pop. 42,725
None
Dublin
pop. 46,572
Parks & Community
Services
1 FT staff as
needed funded by
general fund
Private development
(no requirement for
public development)
1. New non-residential development
2. New residential development projects over 20
units
(Additions and remodels not included)
.5% of building valuation (excluding
land), or
.5% in-lieu contribution for non-
residential buildings more than 50,000
square feet and residential projects
over 20 units, or
.45% in-lieu contribution for non-
residential buildings less than 50,000
square feet
1. Program run in conjunction with
Dublin Fine Arts Foundation which
commissions pieces with city funds.
More than 50 pieces in city
collection
2. Some CIP projects receive public
art funded by general fund
3. Admin costs are not tracked
Emeryville
pop. 10,214
Economic
Development &
Housing
2 staff as needed
funded by general
fund
Public and private
development
1. Public building developments and public
projects with building costs over $300,000
2. Private building developments and renovations
(including new tenant improvements) with building
costs over $300,000 (not including residential
units)
1.5% of building development cost for
public developments
1% of building development cost for
private developments, or
In-lieu contribution acceptable
1. Approvals by staff for private
development and Public Art
Committee and City Council for
public projects
2. If artwork is less than program
allocation, applicant will pay
difference to the Public Art Fund
3. Admin costs are not tracked
4. No other funding from general
fund
12/18/2012 Page 2
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Fairfield
pop. 106,126
Community
Development
North Cordelia
Overlay District
Any new development within the boundaries
Renovations and remodels not included)
.0025% of the building permit valuation 1. Developer can purchase or
construct art for project or city finds
art for use in the area
2. Approved by CDD staff
Fresno (County
and City)
pop. 501,362
Fresno Arts Council
(County) / Historic
Preservation
Public and private
development
Any new development in county and city (no
triggers)
1% of total project cost using county
valuation. City may offer a 20%
deviation of valuation in exchange for
public art
1. Fresno Arts Council administers
selection with input from city,
property owner and panel jurors
2. FAC totally funded by
developers. No city/county staff time
Fullerton
pop. 137,183
None Program lost with Redevelopment
Irvine
pop. 215,529
None
Laguna Beach
pop. 23,069
Cultural Arts
Department
1 FT staff funded by
general fund
Public and private
development
1. Any new commercial, industrial or residential
developments of more than 4 units/lots
2. Remodeling of existing commercial, industrial
or residential property, over $225,000 in
expenditures (includes new tenant improvements)
3. Parks and public works projects or structures
over $225,000 in expenditures
1% of total project valuation or
1.25% of total project valuation in lieu
1. Approved by Arts Commission
and City Council. If located in the
downtown area, Planning
Commission must approve location
2. Admin costs are not tracked
Livermore
pop. 82,039
Community
Development
(2 FT staff as
needed funded by
general fund)
Public and private
development
1. City public works construction or remodel
projects (does not include pipeline, power line, or
landscape renovation projects or mechanical,
structural or seismic upgrades)
2. New commercial, industrial and residential
development over 4 units including renovations
and remodels (does not include repairs due to
calamity, seismic retrofits, residential remodeling
or commercial alterations)
3. Additions to existing industrial/commercial
buildings with contruction area over 25% of the
original square footage of the building
1% of original estimated construction
cost for public works projects
.33% of construction costs for private
development
1. Approved by Arts Commission
and City Council
2. Urban Mural Art Program, May
Grants, and scholarships for high
school students are paid with in-lieu
funds
3. The public art must remain on the
project site for not less than 30
years. If property is redeveloped,
the new project shall meet all art
requirements or pay in-lieu fee
4. Program sunsets on 10/01/14
unless otherwise extended by City
Council
Long Beach
pop. 465,576
None Program lost with Redevelopment
12/18/2012 Page 3
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Mountain View
pop. 75,235
Community
Development
2 FT staff as
needed funded by
general fund
Public projects and
Precise Plan areas
1. Public projects of $1 million or more (does not
include street overlays, etc)
1% of construction budget for public
projects
1. Admin policy for public projects;
not ordinance
2. Private projects within Precise
Plan areas looked at on a case by
case basis
3. Funding for public art from
general fund for special
circumstances only
4. Admin costs are not tracked
Napa
pop. 77,867
Community
Development
1 FT staff as
needed funded by
general fund
Public and private
development
1. Private, new construction or renovation or
remodel, including new tenant improvements in
any shell building, over $250,000 (tenants of large
commercial projects exempt if art requirement has
already been met)
2. City projects over $250,000 excluding
underground public works projects, utility facilities
with exception of buildings, streets, sidewalks or
tree planting
1% of construction cost, excluding
residential portion of mixed use
projects
1. Private projects approved by
reviewing body with final design
review authority for project
2. City projects approved by Public
Art Steering Committee
3. Admin costs are tracked and
billed to private projects
4. Arts Council of Napa Valley
sponsors Napa ARTwalk, year-long
installations of public sculpture on
First Street
5. Public Art Master Plan underway
Novato
pop. 52,456
Parks, Recreation
& Community
Services (for public
projects)
Community
Development (for
private
development)
2 FT staff as
needed funded by
general fund
Public and private
development
1. Construction or alteration of a nonresidential
building or addition of floor area of an existing
building
2. Residential development of 5 or more units
(Does not apply to accessory dwelling units and
renovations, remodels or additions to existing
residences or residential portion of a mixed use
project less than 4 units or affordable housing
components of residential and nonresidential
projects)
.33% of the construction cost of the
completed development project or
.5% of the construction cost in-lieu for
nonresidential development or
.33% of the construction cost in-lieu for
residential development
(Developer may pay difference
between cost of art installed and the
appropriate percentage of the
construction cost upon approval)
1. Policy for public projects, no
ordinance. Some projects can be
exempted
2. DRC reviews private projects;
Recreation, Cultural & Community
Services Commission reviews
public projects
3. Some admin costs billed to
private projects but none for public
projects
4. Remodels/renovations resulting
in an increase of gross square
footage not exempt even if art
requirement already met
12/18/2012 Page 4
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Oakland
pop. 395,817
Office of
Neighborhood
Investment,
Cultural Arts
Division
2 FT staff funded by
the public art
project account
Capital improvement
projects (no
requirement for
private
development)
Any city capital improvement project or remodel,
excluding sewer repairs
1.5% of total project cost excluding
property acquisition, demolition and
financing costs
1. Approvals by Public Art Advisory
Committee and City Council.
Cultural Affairs Commission
currently on hiatus due to lack of
business
2. Admin costs are billed to
projects, with a 20% ceiling
Orinda
pop. 17,932
Parks & Recreation Park dedication fees
and matching city
funds raised by
community
1. No percent for art program
2. Art in Public Places committee
runs Artspace program, a long-term
on-loan sculptures in Civic Plaza.
Currently working on guidelines for
a matching funding program
Palm Desert
pop. 49,561
Public Art
Department
2 FT staff funded by
Art in Public Places
fund
Public and private
development
1. All individual residential units over $100,000
2. All other residential development including two
or more single family dwellings being built
concurrently in the same tract by the same owner
or contractor
3. All commercial development
4. All public facilities
.25% of total building valuation in
excess of $100,000 for individual
residential units
.25% of total building valuation for all
other residential development
.50% of total valuation for commercial
development excluding land
acquisition and off-site improvement
costs
1% of total building valuation for public
facilities, or
Program allocation payable in-lieu
1. If artwork is less than program
allocation, applicant will also pay
difference to in-lieu fund
2. Approvals by Art in Public Places
Commission and City Council
3. Admin costs are billed to the Art
in Public Places fund
Palo Alto
pop. 65,412
Community
Services
2 PT staff funded
by general fund
Municipal projects
(no requirement for
private
development; see
note 4)
Public buildings, parking garages and lots, transit
centers and projects over $200,000, excluding
underground projects
1% of project construction costs 1. Approvals by Public Art
Commission
2. Public Art Commission also
organizing temporary public art
program to feature works on loan
3. Admin costs are not tracked
4. Public Art Commission currently
working on a plan to assess private
development projects over
$400,000
12/18/2012 Page 5
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Pasadena
pop. 138,101
Cultural Affairs
2 FTE's funded by
general fund and
.75 FTE funded by
public art fund
Public and private
development
1. New construction, renovation (tenant
improvements excluded unless renovation results
in addition of square footage and is over
$500,000), multi-family residential, commercial or
mixed-use projects over $500,000 in the
Downtown Old Pasadena Redevelopment or
Northwest Community Plan areas
2. Industrial development over $500,000 in
Northwest Pasadena
3. New commercial, industrial or mixed use
projects of 25,000 square feet or more within the
City of Pasadena
4. New construction, renovation or remodeling of
municipal buildings and structures over $250,000,
not including exclusively internal projects not
accessible to the public or staff
1% of building valuation for private
development
1% of actual construction cost
excluding architectural, engineering
and admin costs, costs for fees and
permits and indirect costs for CIP
projects, or
Program mandate payable in-lieu
acceptable
1. For private projects over
$500,000 in Old Pasadena and
Downtown Redevelopment Area,
25% of the amount goes to City's
Cultural Trust fund and 75% to the
on site art project. For all other
locations, new private projects
25,000 square feet or larger, 20% of
the amount goes to Cultural Trust
fund and 80% allocated to public art
2. Approvals by Arts & Culture
Commission
3. Admin costs are not tracked
4. No other funding for public art
Pleasant Hill
pop. 33,689
None
Pleasanton
pop. 71,215
Community
Services
1 FT staff as
needed funded by
general fund
Donations No percent for art program. Current
public art program consists of
installation of donations by private
citizens
Richmond
pop. 105,380
Arts & Culture
Division
1 FT staff funded by
general fund
Capital improvement
projects (no
requirement for
private
development)
Any city capital improvement project with a budget
or anticipated costs over $300,000 including any
acquisition, rental, construction or remodeling of
any building, structure, park, utility, street,
sidewalk or parking facility
1.5% of total project cost excluding
property acquisition, demolition and
financing costs
(1% earmarked for artists' fees and
costs and .5% for maintenance and
conservation)
1. Approvals by PA Advisory
Committee, Arts & Culture
Commission and City Council
2. Admin costs are not tracked
3. Neighborhood Public Art Program
($65,000 from general fund) was cut
this year. Hope to reinstate program
next year
4. Currently working on a plan for
1% for private development projects
Sacramento
pop. 472,178
Convention, Culture
& Leisure
Department
City capital
improvement
projects (no
requirement for
private
development)
Eligible capital projects including construction or
remodel of any building, decorative or
commemorative structure, parking facility,
recreational facility or any portion thereof
2% of total construction cost, excluding
soft costs
1. Approvals by Metropolitan Arts
Commission and by City Council for
projects over $100,000
2. Admin costs are tracked and
billed to projects
3. No other funding from general
fund
12/18/2012 Page 6
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
San Diego
pop. 1,326,179
Commission for
Arts & Culture
1FT staff funded by
Transit Occupancy
Tax
Public and private
development
1. Private, non-residential projects over $6 million,
not including churches, hospitals or schools, or
any industrial or commercial development not
accessible to the public due to national security or
safety reasons
2. CIP projects over $250,000 including
construction of any building, park, median, bridge,
trail, parking facility or above-grade utility with
public access or visibility
1% of building permit valuation for
private development, or
Payment of .5% in lieu of art
2% of eligible project funds for CIP
projects
(Only the portion attributed to the
commercial or industrial component
shall be used to calculate the
obligation for mixed-use projects)
1. Council policy for public projects;
not ordinance
2. Approvals by Public Art
Committee and Commission for Arts
and Culture
3. Admin costs are not tracked
4. No other funding from general
fund
San Jose
pop. 967,487
Economic
Development
CIP projects and
some eligible private
developments
City CIP projects 1% of construction cost, including
engineering and design fees, and land
if city acquisition for project
2% for former redevelopment districts
1. Public Art subcommittee
oversees selection, acquisition,
placement and maintenance
2. Update PAMP 2007, Public Art
NEXT!, defines proactive goals
San Luis
Obispo
pop. 45,525
Parks & Recreation
1 FT as needed + 1
PT funded by
general fund
Public and private
development
1. All eligible CIP projects including parks, plazas,
creek improvements, flood protection projects,
bridges, streets, sidewalks, bikeways, trails,
parking facilities or similar public facilities. Does
not include utility or underground projects
2. New non-residential development or remodels
over $100,000, excluding construction, repair or
alterations to meet city mandated seismic
rehabilitation or fire lateral replacement or
individual tenant improvements
1% of project construction cost not
including land acquisition, design,
operation or maintenance costs for
CIP projects
.5% of total construction cost in excess
of $100,000 not to exceed $50,000 for
non-residential development, or
In-lieu payment acceptable
1. Approvals by Cultural Heritage
Committee, Planning Commission
and/or Park & Recreation
Commission or Mass Transportation
Committee as appropriate;
Architectural Review Commission
and City Council
San Mateo
pop. 98,391
Community
Development
1 FT staff as
needed funded by
multiple funds
within CDD
Private development
(no requirement for
public development)
Commercial development and multi-family
projects over $3 million, including reconstruction
projects over 50% of replacement value of
existing building based upon construction costs at
time of project approval
.5% of total building valuation
excluding land acquisition and off-site
improvement costs, or
Program allocation payable in-lieu
1. If artwork is less than program
allocation, applicant will also pay
difference to Art in Public Places
fund
2. Approvals by Civic Arts
Committee. City Council also
approves public projects from in-lieu
funds
3. Admin costs are not tracked
San Rafael
pop. 58,313
None
12/18/2012 Page 7
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
San Ramon
pop. 73,333
Parks & Community
Services
2 FT staff as
needed funded by
general fund
Private development
(no requirement for
public development)
Any new office or commercial development No specific dollar amount; proposed
art should be commensurate with
scope and size of project
1. Condition of approval for permit;
no ordinance
2. $30,000 allocated annually to a
park project funded by the
Beautification Fund (paid by
developers)
3. Approvals by Arts Advisory
Committee and Parks and
Community Services Commission
and by City Council for projects over
$50,000
Santa Barbara
pop. 89,045-
city
426,878-county
Community
Development-city,
Parks Department-
county
2.8 FT staff
supported by
city/county
Public projects Buildings, parks or parking facilities paid wholly or
in part by the county of $100,000 or more
1% of construction project 1. Program hybrid of city and
county. County raises money and
has Arts Commission; city has Arts
Advisory Panel. Both have public art
subcommittees for review
2. Private developers encouraged to
do public art and often do. All
subject to review
3. Former support from
redevelopment district projects with
large budgets
4. Santa Barbara Beautiful, a
private group, funds public art and
sponsors long-term outdoor public
art exhibits and events
Santa Clarita
pop. 177,601
None
Santa Cruz
pop. 60,342
Economic
Development
1 FT staff funded by
general fund
Capital improvement
projects (no
requirement for
private
development)
Capital projects including construction or remodel
of any building, structure, parking facility, park,
highway or arterial, road beautification, bridge or
pedestrian overpass, beach restoration, sidewalk,
bikeway or above-grade utility. Does not include
street resurfacing
2% of total eligible construction costs,
excluding land acquisition, demolition,
soils remediation or hazmat removal
and legal costs
1. Approvals by Arts Commission or
Economic Development staff,
depending on project
2. 15% of allocation set aside for
project support and 10% for
maintenance
3. Some small projects partially
funded by general fund
12/18/2012 Page 8
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Santa Monica
pop. 90,377
Community &
Cultural Services
Department
1 FT staff funded by
general fund
Public and private
development
1. Commercial development with new gross floor
area of 7,500 square feet or more
2. Commercial remodels/tenant improvements of
25,000 square feet or more
3. Residential projects over 4 units
4. Eligible capital project including remodels or
renovations of any building, park, sidewalk, street,
parking facility, utility or decorative structure
2% of average square foot cost of
construction for commercial
development
1% of total budget for capital projects,
or
1% of average square foot cost of
construction in-lieu
1. Approvals by Arts Commission or
Public Art Committee if designated
by Commission.
2. Admin costs are tracked and
billed to projects
3. No other funding from general
fund
Sunnyvale
pop. 142,287
Department of
Library &
Community
Services
1 FT staff as
needed funded by
general fund
Public and private
development
1. Non-residential development or expansion
projects
2. Eligible publicly funded projects over $1 million
or renovation projects over $100,000, excluding
underground or utility projects, streets, sidewalks,
landscaping or traffic improvements
1% of construction cost for private
development
1% of project valuation for public
projects, or
In-lieu payment acceptable
1. Approvals by Arts Commission
and City Council
2. Admin costs are not tracked
3. No other funding for public art
Ventura
pop. 107,514
Parks, Recreation,
Community
Partnerships
City capital
improvement
projects (no
requirement for
private
development)
All projects including construction and remodel of
buildings, parks sidewalks, streets, parking facility
and utility facility
2% of budget placed into public art
fund. Art may be sited at project or
elsewhere
Public Arts Commission oversees
program
West
Hollywood
pop. 34,650
Economic
Development
2 FT staff as
needed + 2 PT
(approx 20
hrs/week) funded
by general fund
Private development
(no requirement for
public development)
New development or alteration/repair that
increases total gross floor area and is over
$200,000
1% of value of the project, or
In-lieu payment acceptable
1. No ordinance but City places
public art in public projects
voluntarily
2. Approvals by Arts & Cultural
Affairs Commission
3. Admin costs are not tracked
Walnut Creek
pop. 66,584
Arts, Recreation &
Community
Services
1 FT + 1 PT staff as
needed funded by
general fund
Public and private
development
All city construction projects more than 15,000
square feet or over $750,000 construction cost
Construction or alteration of a nonresidential
building over 15,000 square feet
1% of construction cost for city
projects
.5% of construction cost for
nonresidential building between
15,000 and 25,000 square feet, or
1% of construction cost for projects
over 25,000 square feet, or
In-lieu payment acceptable
1. Approvals by Arts Commission
and Design Review Commission
2. Admin costs are not tracked
3. No other funding for public art
12/18/2012 Page 9
ATTACHMENT B. PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Other CA Cities
with Percent for
Art in Private
Development
not included
Above:
Alhambra,
Azusa, Baldwin
Park,
Bellflower,Cala
basas,
Cathedral City,
Cerritos,
Claremont,
Downey, El
Monte,
Escondido,
Glendale,
Inglewood,
Laguna Beach,
Los Angeles,
Lynwood,
Manhattan
Beach,
Monrovia,
Norwalk, Palm
Springs,
Paramount,
Petaluma,
Pomona, San
Francisco,
Santa Fe
Springs, Santa
Rosa, Sierra
Madre, South
Gate, West
Covina,
Westlake
12/18/2012 Page 10
NOT YET APPROVED
131002 sh 0140096 1
ORDINANCE NO. _____
Ordinance of the Council of the City of Palo Alto Amending the Municipal Code
to add Chapter 16.61 (Public Art for Private Developments)
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. The Palo Alto Municipal Code is amended to add Chapter 16.61
“Public Art for Private Developments”.
SECTION 2. The Palo Alto Municipal Code is amended to add Section 16.61.010
“Short Title”:
16.61.010 Short Title
This Chapter shall be referred to as “Public Art for Private Developments.”
SECTION 3. The Palo Alto Municipal Code is amended to add Section 16.61.020
“Findings and Purpose”:
16.61.020 Findings and Purpose
The City Council finds and declares that:
(a) A robust public art program fosters economic development, creates vital
public spaces, and promotes general health and welfare by contributing to a more desirable
community in which to live, work and recreate. Well-conceived and executed works of art that
are integrated into their sites and accessible to the public enhance the value of development
projects, create greater interest in leased space, promote cultural tourism and make a lasting a
visible contribution to the intellectual, emotional and creative life of the community at large,
thereby helping to mitigate the impacts of development. The experience of public art makes
public areas of buildings and grounds more inviting and engaging.
(b) To ensure that public art is present and sustained throughout the
community, it is necessary to require that private development projects in the City of Palo Alto
provide public art on site or, alternatively, contribute to a public art fund so that public art can
be established elsewhere in the community.
(c) The purpose of this Chapter is to establish a public art requirement for
private developments, and authorize the City Manager to establish regulations and guidelines
to effectuate the intent of this Chapter.
SECTION 4. The Palo Alto Municipal Code is amended to add Section 16.61.030
“Definitions”:
Attachment C
NOT YET APPROVED
131002 sh 0140096 2
16.61.030 Definitions
For the purposes of this Chapter, the following definitions shall apply:
“Affordable Housing Units” means . . .
“Art” or “Work of Art” means original artist-designed and produced unique
works in any of a variety of styles and forms.
“Artist” means a practitioner of the creative arts, generally recognized as such by
critics and peers, with a body of work including commissions, exhibitions, sales, publications,
and collections. For the purposes of this Chapter, “artist” shall not include: (i) persons primarily
working in the professional fields of architecture, engineering, design or landscaping; (ii) an
employee or relative of the development project architect, landscape architect, engineer or
project manager; (iii) any person with a business interest in a development project or with
respect to individuals or entities serving as project architects, landscape architects, engineers or
project managers; or (iv) a relative of or anyone with a financial interest with respect to an
individual or entity serving on an art selection panel for the development project.
“Developer” means a person or entity that is financially and legally responsible
for the planning, development and construction of any development project covered by this
Chapter. The developer may or may not also be the project owner.
“Development Project” means any commercial or residential development
described in Section 16.61.40.
“Historic Renovation” means a Development Project involving preservation of a
historic resource listed in the California Register of Historical Resources or the City’s ______,
where such preservation follows the Secretary of the Interior’s Standards for the Treatment of
Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstruction
Historic Buildings or the Secretary of the Interior’s Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings.
“Public Art” means any work of art that is visible or accessible to the public for a
minimum of 40 hours per week. Public art is generally large-scale and may include sculpture,
painting, installations, photography, video, works of light or sound, or any other work or project
determined by the Public Art Commission to satisfy the intent of this Chapter, provided,
however, that none of the following shall be considered public art for the purposes of satisfying
the requirements of this Chapter:
(i) Objects that are mass produced of standard design, such as banners,
signs, playground equipment, benches, statuary, street or sidewalk
barriers, or fountains;
Attachment C
NOT YET APPROVED
131002 sh 0140096 3
(ii) Reproduction, by mechanical or other means, of original works of art,
except in cases of film, video, photography, printmaking or other
derivative works as approved by the Public Art Commission;
(iii) Decorative, architectural, or functional elements which are designed by
the building architect or landscape architect as opposed to an artist
commissioned for this purpose; or
(iv) Landscape architecture or gardening, except where these elements are
designed by an artist and are an integral part of a work of art.
“Public Art Commission” means the Commission established by Chapter 2.18 of
the Municipal Code.
SECTION 5. The Palo Alto Municipal Code is amended to add Section 16.61.040
“Application”:
16.61.40 Application
(a) This Chapter shall apply to all new commercial developments, including
new construction, remodels, additions and reconstruction that (i) have a floor area of 10,000
square feet or more, and (ii) have a value of $200,000 or more, exclusive of costs for
architecture, design, engineering and required studies; and all new residential projects of five
or more units.
(b) Notwithstanding subsection (a) above, this Chapter shall not apply to
buildings or structures primarily used for religious worship; historic renovations; affordable
housing units; developments on properties owned by the Palo Alto Unified School District;
municipal facilities; repair or reconstruction of structures damaged by flood, fire, wind,
earthquake or other disaster; seismic retrofit projects; and any project exempted by federal or
state law. In mixed use projects, those portions of projects excluded from application of this
Chapter shall be subtracted from the project for purposes of determination of applicability
under subsection (a), above, and from construction valuation under Section 16.61.060.
SECTION 6. The Palo Alto Municipal Code is amended to add Section 16.61.050
“Public Art Requirement for Private Developments”:
16.61.050 Public Art Requirement for Private Developments
Before a certificate of occupancy is issued for any development project subject
to this Chapter, the developer shall participate in the construction or installation of on-site
public art under Section 16.61.060, or, at the developer’s option, make a contribution to the
Public Art Fund in lieu of providing on-site art, as provided in Section 16.61.110.
Attachment C
NOT YET APPROVED
131002 sh 0140096 4
SECTION 7. The Palo Alto Municipal Code is amended to add Section 16.61.060
“On-Site Public Art”:
16.61.60 On-Site Public Art
(a) A developer may satisfy the requirements of this Chapter by constructing
or installing on-site public art valued at 1% of the first $100 million construction valuation,
adjusted as described in subsection (b) below, and .9% of construction valuation for valuation in
excess of $100 million. The estimated construction valuation submitted at the time of
application for entitlements shall be used to estimate the art contribution, for the purpose of
budgeting and planning for on-site art. The arts contribution shall be finally determined based
on the construction valuation that applies at the time the building permit is issued.
(b) Beginning in FY 2015, the ceiling for 1% valuation as set forth in
subsection (a) above shall be adjusted annually to reflect . . . [insert appropriate inflationary
escalator]
(c) If the actual construction cost or the market value of the on-site public
art is greater than the estimated art contribution provided in Subsection 16.61.060(a), the City
shall have no obligation to pay the excess amount. If expenditures do not utilize the entire
amount provided in 16.61.060(a), the remainder shall be deposited into the Public Art Fund.
SECTION 8. The Palo Alto Municipal Code is amended to add Section 16.61.070
“Eligible Expenditures for On-Site Public Art Projects”:
16.61.070 Eligible Expenditures for On-Site Public Art Projects
The public art contribution for on-site installation may be expended only on
costs associated with the selection, acquisition, purchase, commissioning, design, fabrication,
placement, installation or exhibition of the public art, and project management and
administrative costs not to exceed 20% of the total budget. Eligible expenditures include:
(a) Artist fees;
(b) Labor of assistants, materials, and contracted services required for
design, fabrication, engineering and installation of the public art;
(c) Any required permit or certificate fees and reasonable business and legal
costs directly related to the public art;
(d) Reasonable art consultant fees, as established in regulations or guidelines
approved by the City Manager to implement this Section;
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(e) Communication and other indirect costs, such as insurance, utilities
associated with the creation but not the operation of the public art;
(f) Transportation of the public art to the site;
(g) Preparation of the site specifically required for the public art, such as
fabrication of platforms or pedestals;
(h) Installation of the public art;
(i) Mountings, anchorages, containments or other materials necessary for
installation of the public art;
(j) Public art project management and administration, in an amount not to
exceed 20% of the total art contribution; and
(k) A plaque or plaques identifying the public art.
SECTION 9. The Palo Alto Municipal Code is amended to add Section 16.61.080
“Ineligible Expenditures for On-Site Public Art Projects”:
16.61.080 Ineligible Expenditures for On-Site Public Art Projects
Expenditures that are ineligible to be counted toward the on-site public art
contribution include:
(a) Labor of assistants, materials, and contracted services not required for
design, fabrication, engineering and installation of the public art;
(b) Promotional materials or activities for the artist, the public art, the
development project, the developer or other parties involved in the development project;
(c) Opening, dedication or other costs of events for the public art, artist,
developer or development;
(d) Services, materials, utilities or other expenses association with the
ongoing operation or maintenance of the public art; and
(e) Land costs or any other costs associated with the development that are
not part of and solely attributable to the public art.
SECTION 10. The Palo Alto Municipal Code is amended to add Section 16.61.090
“Process for Planning and Approval of On-Site Public Art”:
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16.61.90 Process for Planning and Approval of On-Site Public Art
(a) Application and Planning. Within 60 days of initial application for
permitting or other discretionary approval, the developer shall consult with the Public Art
Program Manager regarding a plan for meeting the requirements of this Chapter. This
consultation must be complete before the development project is calendared for consideration
by a public body, including the Architectural Review Board, Planning & Transportation
Commission or City Council, and before the Director of Planning and Community Environment
issues any approvals with respect to the project.
(b) Public Art Commission Review and Approval. The developer must
present a plan to comply with this Chapter to the Public Art Commission. The plan should
include the process by which the art and artist will be selected, the type of art proposed, a plan
to integrate the art into the site, and a proposed budget and schedule of payments. The Public
Art Commission shall render a decision whether the proposed public art plan conforms to the
requirements and intent of this Chapter within 90 days of submission of a complete application,
as determined by the Director of Planning and Community Environment, in consultation with
the Public Art Program Manager. The developer shall not enter into contracts or make
expenditures until the Public Arts Commission approves the on-site art plan. Before initiating
fabrication and installation of the on-site art, the developer shall obtain final approval of the
artist and the proposed public art from the Public Art Commission. The Public Art Commission
shall render a decision within 60 days of submission of a complete proposal, as determined by
the Director of Planning and Community Environment, in consultation with the Public Art
Program Manager. No building permit may issue until the Public Art Commission issues the
approvals required under this subsection.
(c) Inspection and Final Approval. Before a Certificate of Occupancy is issued
for the development project, the City shall inspect and confirm that either: (i) public art has
been installed as required by the Public Art Commission approvals and to the satisfaction of the
Director of Planning and Community Environment, in consultation with the Public Art Program
Manager; or (ii) in-lieu contributions have been paid in full. In addition, before a Certificate of
Occupancy is issued, the City shall confirm that the developer has executed and recorded a
covenant as required by Section 16.61.100(f).
SECTION 11. The Palo Alto Municipal Code is amended to add Section 16.61.100
“Additional Requirements for On-Site Public Art”:
16.61.100 Additional Requirements for On-Site Public Art
(a) Plaque. The public art shall be identified by a plaque that meets the
standards in use by the City at the time of installation of the public art. The plaque must
include, but is not limited to, the name of artwork, name of artist, medium, size, and the name
of the City of Palo Alto.
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(b) Ownership and Maintenance. All on-site public art shall remain the
property of the property owner or the property owner’s successor in interest. The property
owner shall retain the obligation to provide all necessary maintenance to preserve the public
art in good condition. Immediately upon installation and continuously thereafter, the
developer and the property owner shall maintain the public art and shall promptly perform all
necessary repairs and maintenance to the satisfaction of the City. The obligation to maintain
and preserve the public art includes the obligation to take reasonable steps to protect the
public art against destruction, damage or modification.
The maintenance obligations of the property owner shall be contained in a
covenant that shall be recorded against and run with the property. The City shall have the right
to inspect the public art, on reasonable notice, to ensure compliance with this Section
16.61.100(b).
Failure to maintain the public art as required by this Section is hereby declared
to be a public nuisance. The City may remedy the public nuisance and may pursue additional
remedies to obtain compliance with this Section. In addition to all other remedies provided by
law, in the event the owner fails to maintain the public art, on reasonable notice the City may
perform all necessary repairs and maintenance, or may secure insurance or other needed
services, and the costs thereof shall become a lien against the real property.
(c) Location and Relocation of Public Art. Except as provided herein, the
public art must remain at the development in the location approved by the Public Arts
Commission. A property owner may petition the Public Art Commission to relocate the public
art within the development project.
When and if the development project is sold, the public art must remain at the
development and may not be claimed as the property of the seller or removed from the site. If
the development is to be demolished, the owner must relocate the public art to another
publicly accessible permanent location approved in advance by the Public Art Commission.
(d) Removal and Replacement of Public Art. If the owner desires to
deaccession, sell or remove the art from the site, the owner shall give prior notice to the City by
providing written notice to the Public Art Program Office no later than 90 days before the
intended action. The owner must receive prior approval from the Public Art Commission. The
developer will be required to replace the sold or de-accessioned artwork with an alternative
work of equivalent or greater value, as determined by the Public Art Commission, in current
dollars. In the alternative, at the developer’s election, the developer could choose to pay fees
in lieu of replacing on-sight art, at a reasonable rate equivalent to the cost of replacing the art
in current dollars, as determined by the Public Art Commission.
(e) Statutory and Contractual Rights of Artists. The owner is solely
responsible for complying with all statutory and contractual rights of the artist, including rights
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under the California Preservation of Works of Art Act, the federal Visual Artists’ Rights Act, and
any other applicable law.
(f) Covenant; Recordation. The property owner shall record against the
property a declaration of covenants, conditions and restrictions, in favor of the City, and in a
form approved by the City Attorney. The declaration shall include (i) the owner’s obligation to
provide all necessary maintenance of the public art, including preservation and restoration of
the public art, in good condition, to the reasonable satisfaction of the City, and to protect the
public art against destruction or damage; (ii) the owner’s obligation to ensure that the public
art is accessible to the public as required by this Chapter; and (iii) any other terms reasonably
necessary to implement this Chapter.
SECTION 12. The Palo Alto Municipal Code is amended to add Section 16.61.110
“Developer’s Option to Pay Fees to Public Art Fund In-Lieu of Providing On-Site Art”:
16.61.110 Developer’s Option to Pay Fees to Public Art Fund In-Lieu of
Providing On-Site Art
In lieu of installation of on-site public art, the developer may elect to make a
monetary contribution to the Palo Alto Public Arts Fund. The amount of the contribution shall
be .95% of the cost of the public art required by Section 16.61.060. A developer who elects to
satisfy the requirements of this Chapter through a contribution to the Fund must complete the
payment in-lieu prior to the issuance of any building permit for the development project.
SECTION 13. The Palo Alto Municipal Code is amended to add Section 16.61.120
“Public Art Fund”:
16.61.120 Public Art Fund
There shall be a fund entitled “Public Art Fund” to account for in lieu
contributions made under Section 16.61.110. This fund and the interest thereon shall be
maintained by the Chief Financial Officer according to standard governmental accounting
requirements. The Public Art Fund shall be reserved for the design, acquisition, commission
and installation of new works of art and art experiences in Palo Alto, or for such other
equivalent artistic purposes approved by the Public Art Commission. Funds may be used for
project management and administration costs associated with acquisition of new works, not to
exceed 20% of the project budget, and for the repair, maintenance, conservation and insurance
of those works. Art works acquired through the Public Art Fund shall be owned by the City of
Palo Alto and generally made accessible to the public.
Contracts for public art projects shall be approved according to the procedures in
Chapter _______.
SECTION 14. The Palo Alto Municipal Code is amended to add Section 16.61.130
“Regulations”:
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16.61.130 Regulations
The City Manager, or his or her designee, is authorized to adopt administrative
regulations, procedures or guidelines that are consistent with and that further the terms and
requirements of this Chapter.
SECTION 15. This ordinance shall be effective on the thirty-first day after the
date of its adoption and shall immediately apply to all development projects where a building
permit has not yet issued.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
City Attorney City Manager
___________________________
Director of Community Services
___________________________
Director of Administrative
Services
Attachment C
Process for Percent for Art in Private Development that go through Planning
Initial Entitlement Meeting with Planning
Developer notified of percent for art requirement. An estimated art budget
is calculated based on the estimated construction valuation of the project.
1% of that valuation will provide the initial estimate for the art budget.
If the art budget is over $15,000 and the Developer
chooses to commission art on site: Planning Notifies
Public Art of Project and Developer must meet with
Public Art Manger prior to initial ARB review. In that
meeting, Developer will be given more information
on the process, sample contracts and lists of
approved art consultants.
If Public Art budget is under $15,000 or the
Developer chooses the in lieu option:
Developer pays into Public Art Trust and
receives a letter from the Public Art Office
confirming completion of Percent for Art
requirement. No further action required until
building permit application.
Initial Review by Public Art Commission – Developer must
present the plan to integrate public art into the development,
including the process by which the art will be selected and
types of art that may be suitable on site. Gain input from PAC.
Final Approval by Public Art Commission of the selected
artist and artwork for the site. This must occur prior to
application for Building Permit.
Building Permit Application must show completion of percent for art requirement by
payment to Trust or final approval from PAC. If percent for art value is higher than what
was estimated at Entitlement phase, then the difference in funds will be paid to the Trust.
When final inspection for the Certificate of Occupancy is
completed, staff must confirm that artwork was installed as
approved by PAC prior to C of O issuance.
Attachment D