HomeMy WebLinkAboutStaff Report 4240
City of Palo Alto (ID # 4240)
City Council Staff Report
Report Type: Action Items Meeting Date: 11/12/2013
City of Palo Alto Page 1
Summary Title: Public Art in Private Development
Title: Policy and Services Committee Recommendation of Adoption of an
Ordinance to Add Chapter 16.61 to the Municipal Code to Establish a Public
Art Program for Private Development; and Policy Direction to Initiate a
Public Art Master Planning Process
From: City Manager
Lead Department: Community Services
Recommendation
The Policy and Services Committee and staff recommend that Council adopt an ordinance
amending the Palo Alto Municipal Code to add Chapter 16.61 (“Public Art for Private
Developments”) for the purpose of establishing a public art requirement for new commercial
and residential developments at the level of 1% of construction valuation. The Committee
further recommends providing policy direction that staff should engage the community in a
Public Art Master Planning Process, and should return to Council at a later date with a staffing
proposal to support enhanced art programs and services.
Executive Summary
In April 2013 pursuant to a Colleagues Memo, Council directed staff to expand the City’s
Percent for Art policy to include private development in Palo Alto. Accordingly, staff researched
and prepared a recommendation that was presented to the Policy and Services Committee
October 8, 2013 in staff report # 4138 (Attachment B). In that report, staff proposed the
following:
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.
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The Policy and Services Committee unanimously referred the Public Art in Private Development
recommendation to Council for adoption (Attachment C) with the following directions:
Update the matrix of percent for art programs to only include public art in private
development and add some budget information where available.
Add examples of transit agencies with percent for art programs
Clarify what costs are not included in the percent for art
The additional research information requested by members of Policy and Services Committee
can be found in Attachment D. Staff is now transmitting the proposed ordinance for public art
in private development for adoption by the Council.
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 public art in private
development chart, Attachment D):
In California alone, approximately 50 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 in such a way to 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. Staff understands the
subjective nature of public art and that there will be a variety of styles and forms of expression
that may occasionally cause controversy. 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.
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The Public Art Program for Private Developments will be supported by Municipal Code
provision (see ordinance, Attachment A), and implementing policies to be drafted to carry out
the Council’s programmatic direction.
Qualifying Projects
The requirement will apply to any new commercial development, addition or reconstruction
requiring Architectural Review Board review that is (a) over 10,000 square feet, and (b) has a
construction valuation of $200,000 or more. Architectural drawings, plans, fees, required
studies and “soft costs” 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
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 issuance. 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.
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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 Department
(See Flow Chart Attachment E). The 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
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 and review 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 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 issuance. 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
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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
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
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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 for Developer commissioned art projects 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.
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 for Developer commissioned and owned art projects:
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. 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 exhibitions of art,
Community based public art events,
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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
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 Department 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 effective entitlement
approvals or 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 over the next three years. 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:
As demonstrated in Attachment F, there has been a significant increase in private development
projects between 2011 and 2013, which would have identified approximately $2.5 Million for
public art for that three year period. It is also important to note that the tenant improvement
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projects, or remodels, are not captured in the future projections, although they are reflected in
the past three years of building permits.
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 plans on returning to Policy and Services with an updated municipal policy in
2014.
Resource Impact
Building Structural Capacity
Like all public art programs, project management demands a significant amount 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 may bring forward
recommendations as part of the FY2015 budget process based on the analysis of spending on
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staff, maintenance, project management, capital improvement needs, and in-lieu art program
revenue estimates. The additional contract managers needed to carry the workload associated
with the public art in private development ordinance is planned to be offset by the project
management fees acquired by the 1% public art allocation.
Approximate Timeline
Fall-Winter 2013 – Ordinance, and basic plan for public art in private development
approved by City Council.
Winter/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. Staff returns to Policy and Services Committee to refine Municipal Percent for
Art Policy and align it with approved Private Ordinance
Fall-Winter 2014 – Public Art Master 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 City 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
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 regarded 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
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total dollar impacts at this time is difficult to accurately predict. 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: Ordinance to Establish a Public Art Program for Private
Development (PDF)
: Attachment B: Report #4138 (DOC)
: Attachment C: 10-08-13 P&S Working Minutes (DOC)
: Attachment D: Pubic Art in Private Development CA 2012-13 (XLS)
: Attachment E: Process Flow Chart (DOCX)
: Attachment F: Budget Based on Last Three years of Building Records (DOCX)
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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. 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, create a sense of
place 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 to authorize the City Manager to establish regulations and guidelines
to effectuate the intent of this Chapter.
SECTION 2. The Palo Alto Municipal Code is amended to add Chapter 16.61
“Public Art for Private Developments”.
SECTION 3. The Palo Alto Municipal Code is amended to add Section 16.61.010
“Definitions”.
16.61.010 Definitions
For the purposes of this Chapter, the following definitions shall apply:
“Affordable Housing Developments” means a project where 100% of the units
are affordable to a “moderate,” “low” or “very low” income household, as those terms are
defined by the California Department of Housing and Community Development, as applicable
to Santa Clara County.
“Art” or “Work of Art” means original artist-designed and produced unique
works in any of a variety of styles and forms.
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“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 (a).
“Historic Renovation” means a Development Project involving preservation of a
historic resource listed on or eligible for listing on the California Register of Historical
Resources, 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 a 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;
(ii) Reproduction, by mechanical or other means, of original works of art,
except as incorporated into film, video, photography, printmaking or
other derivative works as approved by the Public Art Commission;
(iii) Decorative, architectural, or functional elements that are designed by the
building architect or landscape architect as opposed to an artist
commissioned for this purpose; or
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(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 4. The Palo Alto Municipal Code is amended to add Section 16.61.020
“Application”:
16.61.020 Application
(a) This Chapter shall apply to all new commercial developments (including
mixed use projects), including new construction, remodels, additions and reconstruction that (i)
have a floor area of 10,000 square feet or more, and (ii) have a construction 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:
i. Buildings or structures primarily used for religious worship;
ii. Historic renovations;
iii. Affordable housing developments;
iv. Municipal facilities;
v. Repair or reconstruction of structures damaged by flood, fire, wind,
earthquake or other disaster;
vi. Seismic retrofit projects; or
vii. Any project exempted by federal or state law.
(c) In mixed use projects, those portions of projects excluded from
application of this Chapter under subsection (b) shall be subtracted from the project for
purposes of determination of applicability under subsection (a), above, and from construction
valuation under Section 16.61.040 and 16.61.090.
SECTION 5. The Palo Alto Municipal Code is amended to add Section 16.61.030
“Public Art Requirement for Private Developments”:
16.61.030 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 16.61.040, 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 16.61.090.
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SECTION 6. The Palo Alto Municipal Code is amended to add Section 16.61.040
“On-Site Public Art”:
16.61.040 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. For purposes of budgeting and planning for on-site art, an initial
estimate of the art contribution shall be calculated based on estimated construction valuation
at the time of application for entitlements. The arts contribution shall be finally determined
based on the construction valuation determined at the time the building permit is issued.
(b) Beginning in FY 2015 and annually thereafter, the Director of Planning
and Community Development shall adjust the ceiling for 1% valuation as set forth in subsection
(a) above to reflect increases in the Consumer Price Index for All Urban Consumers.
(c) If the market value of the on-site public art is greater than the art
contribution provided in Subsection 16.61.040(a), the City shall have no obligation to refund
the excess amount. If expenditures do not utilize the entire amount provided in 16.61.040(a),
the remainder shall be deposited into the Public Art Fund.
SECTION 7. The Palo Alto Municipal Code is amended to add Section 16.61.050
“Eligible Expenditures for On-Site Public Art Projects”:
16.61.050 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, utilities, insurance and other indirect costs 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 8. The Palo Alto Municipal Code is amended to add Section 16.61.060
“Ineligible Expenditures for On-Site Public Art Projects”:
16.61.060 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.
//
//
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131107 sh 0140096 6
SECTION 9. The Palo Alto Municipal Code is amended to add Section 16.61.070
“Process for Planning and Approval of On-Site Public Art”:
16.61.070 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 staff 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. If the developer elects to
comply with this Chapter by providing on-site art, the developer’s public art plan must be
presented to the Public Art Commission. The plan should include the process by which the art
and artist will be selected while ensuring that no single artist be commissioned for more than 3
public art in private development projects within Palo Alto, 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 staff. The developer shall not enter into contracts or make expenditures
until the Public Arts Commission approves the on-site art plan. In addition, before initiating
fabrication and installation of the on-site art, the developer shall return to the Public Art
Commission for final approval of the artist and the proposed public art. 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 staff. No building permit may issue until the Public Art Commission issues
the approvals required under this subsection.
SECTION 10. The Palo Alto Municipal Code is amended to add Section 16.61.080
“Additional Requirements for On-Site Public Art”:
16.61.080 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.
(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
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131107 sh 0140096 7
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.
(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 Art
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 staff no less 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, the developer may elect to pay fees in lieu of replacing on-site 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
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.
(g) Inspection; Remedies. The City shall have the right to inspect the public
art, on reasonable notice, to ensure compliance with this Chapter. 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
Chapter. 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
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maintenance, or may secure insurance or other needed services, and the costs thereof shall
become a lien against the real property.
SECTION 11. The Palo Alto Municipal Code is amended to add Section 16.61.090
“Developer’s Option to Pay Fees to Public Art Fund In-Lieu of Providing On-Site Art”:
16.61.090 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 the cost of the public art required by Section 16.61.040. 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 12. The Palo Alto Municipal Code is amended to add Section 16.61.100
“Inspection and Final Approval.”
16.61.100 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 staff; 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 16.61.080(f).
SECTION 13. The Palo Alto Municipal Code is amended to add Section 16.61.110
“Public Art Fund”:
16.61.110 Public Art Fund
There shall be a fund entitled “Public Art Fund” to account for in-lieu
contributions made under Section 16.61.090. 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.
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SECTION 14. The Palo Alto Municipal Code is amended to add Section 16.61.120
“Regulations”:
16.61.120 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. 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 16. Implementation. This ordinance shall be effective on the thirty-
first day after the date of its adoption and shall immediately apply to all development projects
that have not yet received final land use entitlements.
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
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.
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.
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
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
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
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.
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
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:
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
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.
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
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”.
POLICY AND SERVICES COMMITTEE
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Special Meeting
October 8, 2013
Chairperson Kniss called the meeting to order at 6:12 P.M. in the Council
Conference Room, 250 Hamilton Avenue, Palo Alto, California.
Present: Holman, Klein, Kniss (Chair), Price
Absent:
Oral Communications
None
Agenda Items
1. (Former Agenda Item Number 2) Provide Direction Regarding
Proposed Public Art Program for Private Developments, Public Art
Master Planning Process, and Staffing Plan to Support Public Art
Programs.
Chair Kniss announced that Agenda Item 2 would be heard first, followed by
Agenda Item 1.
Rhyena Halpern, Assistant Director of Community Services said the intent of
including public art in private development was to reflect the creative and
vibrant community, to enhance the visual landscape of the City, and to
increase identity and civic pride. Staff researched 70 cities with public art
programs to find out how they work with private developers. She noted that
there were 48 cities in California that had a public art policy that included
private development and said that many cities had an ‘in-lieu’ option for
developers, which was to be discussed later.
Elise DeMarzo, Management Specialist for the Community Services
Department said the qualifying projects must have a commercial
development addition or reconstruction over 10,000 square feet, and have a
minimum construction value of $200,000; the data for the projects of the
past three years did not affect non-franchise business owners. Developers
that met the 10,000 square foot requirement and the budget threshold; they
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could choose to either commission the artwork or pay the in-lieu fee for the
art. She said Staff would assist developers by recommending artists,
consultants, and project management assistance, along with advice about
best practices in public art.
Kathleen Kavanaugh, Public Art Commissioner supported the One Percent for
Art Memo. Throughout her career she interviewed developers that spent
their time developing real estate in the construction environment. The
developer and the artist worked very closely, due to important nuances that
needed consideration in art projects. She observed that establishing goals
and guidelines for collaboration beforehand helped the success of the final
artwork.
Chair Kniss asked if the in-lieu option presented a problem.
Ms. Kavanaugh remarked that the artwork was traditionally incorporated
into the projects she worked on; she was not involved in any in-lieu
projects.
Council Member Holman asked about in-lieu funding set-aside for a new
Staff position.
Ms. Halpern recommended up to 20 percent of in-lieu funds to be used for
staffing. Staff intended on coming back to address the Fiscal Year (FY) 2015
Staffing Needs.
Council Member Holman said the economy was good at the time but the
staffing need was ongoing and plans were in place.
Ms. Stump clarified that Staff was recommending reimbursement of actual
costs up to 20 percent. Staff wanted to focus in on acquiring new art with
the use of the fees, along with the project and administrative costs that
were used in association with the actual cost of up to 20 percent. The 20
percent was intended for reimbursement of Staff time actually spent in
association with the acquiring new pieces of art.
Council Member Holman asked if one percent of funds could be used to
restore existing artwork on a site that was not required to be maintained.
Ms. Stump said there was no clear guidance on that area because it included
maintenance on Palo Alto’s existing public art collection. The funds
discussed were not meant for restoring or maintaining existing artwork, they
were attributed to new artwork.
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Council Member Holman clarified that she was discussing the restoration of
private development artwork.
Ms. Stump remarked that the draft Ordinance said if a developer chose to
have artwork on their premises, they would be held responsible for
maintenance. She added that if maintenance was needed on private
premise artwork, there was a process through the Public Art Commission to
receive approval for funding.
Council Member Holman clarified that Ms. Stump was talking about new
artwork.
Ms. Stump said yes and that the drafted Ordinance was prospective. That
meant having the Ordinance drafted so that it limited the City’s ability to
tax. This was an exception to strict rules regarding impact fees, and was not
approved by the people or had not gone through the general proceedings
requirements of the City. She clarified she was talking about artwork that
dealt with regulatory issues, a newly developed site that required artwork.
Developers had the option of paying in-lieu fees; those were funds used to
acquire artwork that the City owned, maintained, and used for project
management and maintenance.
Ms. Halpern added some of the Greg Brown murals were in the Cities
collection. The number one challenge with public artwork was the
maintenance and conservation of artwork, which was an obligation of the
artwork owner.
Council Member Holman clarified there was a Greg Brown mural on a public
building at the Post Office. She said that some definitions in the Staff Report
were not complete. Additionally, in connection with “Finding” and “Purpose”
in the Staff Report, she asked if Staff considered adding a “Sense of Place”
section to the Ordinance.
Ms. Halpern said Staff could add that.
Council Member Price said looking at various examples of artwork showed
how artwork can change a person’s experience, she added that the issue of
a long-term cultural Art Plan was common and showed the basis for a well
done Art Program. She also mentioned the significance of how art should
have an impact. Many cities had artwork that did not make the types of
statements they ought to make. Some of the procedures and techniques
transit authorities used in determining artist eligibility and processes in this
regard were useful. She remarked on the recognition and fluctuation of
resources that came in and how contracting out Staff time and costs were all
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helpful suggestions. She wanted Staff to come back with an overall Staffing
Plan, including financials, and to embed in the Plan how Palo Alto was able to
offer the consulting services to the private sector developer.
Ms. Halpern clarified that Staff could be project managers on those private
projects or, as needed, they could be contractors. If that did not work, Staff
utilized an approved pool of contractors for projects. This allowed the Public
Art Program to grow with the market. She said she would go over the Staff
Report for clarity on that subject.
Council Member Price remarked that she looked forward to the community
process as it moved toward the master planning.
Ms. Halpern thought impact was the reason there was so much success with
the in-lieu option because it was possible to pool funds to make impactful
work. She noted that municipalities did not have construction projects and
thought the recommendations in the Staff Report were a good way to
address that issue in the community.
Council Member Klein thought that at the range of the economic cycle, the
suggestions Staff offered made a lot of sense. The chart in the Staff Report
was useful but the suggestions were limiting because it needed to show the
rates that all of the cities charged with regard to the private development
aspect. His reasoning behind this was some cities charged more or maybe
less than one percent.
Chair Kniss clarified that the Policy and Services Committee (Committee)
was requesting a sub-chart be made showing all the public art in private
development programs before this Item went before the full Council and to
have the percentages separately identified in a chart.
Council Member Klein agreed and suggested showing what cities were
charging on the chart. With regard to exemptions, he was thinking of
entities that were excludable, such as private schools. He said there were
many private schools in Palo Alto and asked if they were subject to the
Ordinance at hand. He asked if Staff wanted to put private schools in a
different category.
Ms. DeMarzo said she did not notice that private schools were called out for
exemptions in her research. She noted that a lot of schools voluntarily
brought artwork into their campuses.
Council Member Klein remarked there were some private schools that were
involved and said there was a lighter touch with regard to private schools.
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He wondered why Palo Alto Unified School District (PAUSD) was mentioned
with regard to exemptions, since the City did not have any control over
them.
Ms. Stump wanted to look into that area some more and restated the
Ordinance was still in the draft format.
Council Member Klein suggested deleting PAUSD from the Ordinance
because it could raise political sensitivities for no good reason.
Ms. Stump said Staff would take look at that.
Council Member Klein asked if, in regard to in-lieu fees, once the developer
paid the money to the City, if the City was limited to using the funds toward
new projects; he wanted to know how that would be tracked.
Ms. Stump said Staff needed to have good accounting on the fund and
thought the funds were limited to new projects. The question of public art
and in-lieu fees was discussed in the California Supreme Court in the Ehrlich
case against Culver City because Culver City was not at one percent; that
was possibly where the one percent came from. The court ruled that one
percent was a permissible general land-use regulation similar to set-back
requirements. The developers challenge was that the fee was an
unsupported impact fee. The question was open until the court determined
an outcome. The fee needed to be available to the developer’s discretion
and needed to be in-lieu to make it closely aligned with the artwork on the
building itself.
Council Member Klein asked if a smaller developer had to pay one percent,
then whatever the City decided to do with that money, like combine it with
other smaller payments, would make it more impactful. If tracking the
money very carefully was needed, he thought it would create an accounting
burden on the Staff. He illustrated an example of a person that spent 1/5 of
an hour working on a project that came from a fund of one percent.
Ms. Halpern said tracking multiple projects was done by assigning a figure
for phases of a project. For example, if there was a $10,000 public artwork
project, and there was a selection phase, a fabrication phase, and an
instillation phase, Staff tracked the hours in phases.
Council Member Klein clarified that he was talking about how a Staff
person’s time was divided up during the day if they were not able to use new
money for the older artwork. Putting artwork in three phases did not apply
to the difference between existing artwork and new artwork.
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Ms. DeMarzo noted that Staff in other cities accounted for public art in
private development by carefully tracking their time.
Ms. Halpern noted Staff was working with Office of Management and Budget
(OMB) to ensure Staff was using proper accountability.
Ms. Stump said Staff was working with Administrative Services Department
as well and there were various standardized methodologies recommended.
Greg Betts, Director of Community Services noted that the Committee was
familiar with contributions given from a number of different grant programs.
Staff assigned different accounting codes per grant so that when the City
was audited, it was possible for anyone to see how Staff’s time was divided
up.
Council Member Klein asked how old the Ehrlich vs. Culver City was.
Ms. Stump said she would have to research for more information.
Council Member Klein asked if one percent was a restriction and if it was a
legal problem if Palo Alto went to 1.25 percent. There was a city listed in
the Staff Report at two percent.
Ms. Stump remarked that there were several cities that were at two percent.
She did not think it was an absolute requirement to stay at one percent and
if Council wanted to add another quarter of a percent, she would look into it.
Ms. Halpern wanted more input from the Committee on incentivizing the in-
lieu option by lowering the one percent to .95 percent.
Council Member Klein said he had seen the idea before, in Below Market
Rate housing for example. He thought a reduction of that size was not much
incentive. He added developers always come in higher than estimated and
that might discourage private developers. He thought incentive needed to a
lot lower to be a good incentive.
Chair Kniss thought One Percent for Art was a good sounding name and
thought comparing cities like Santa Monica could be different because they
do more development than Palo Alto. The in-lieu costs versus the actual
artwork was a balancing act between the like or dislike of a presentation.
Art was always going to be relative, and there was always going to be a
discussion of who chooses the artwork and weighing different variables, like
where the art was going to be situated.
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Council Member Klein thought it would be good for Staff to pick out a
number of cities, like Santa Monica, to see what their budget was. He did
not recommend the City Council be involved in matters of taste. He
advocated for public art to be experimental.
Chair Kniss said there was intentionally not an appeal to the City Council
process woven into this discussion.
Council Member Price wanted to discuss exemptions. She noted some
affordable housing projects that distinguished between elements produced
by an artist, versus art by an architect. She thought it was important to
pursue those kinds of projects because affordable housing projects needed
artistic enhancement. Additionally she questioned the Staff Report portion
that asked developers to assess their level of support; the point that talked
about draft contracts with artists that allowed developers flexibility should
conditions at the site changed was of interest to her. She wanted to know if
it was that there were changes to the site plan, or were there budget
modifications being discussed; she wanted to know if there were any
examples of what draft contracts with artists looked like.
Ms. DeMarzo clarified that developers were considering moving artwork
either within the site or off site; one developer said this offered more
flexibility for him for the future.
Council Member Price wanted clarification on the deaccession, or potential
moving of artwork. For example, if a company were to move in the future,
she asked if the language for the conditions of approval ensured that the
artwork was maintained.
Ms. DeMarzo remarked that the artwork was to remain with the building if
the building was sold. If the developer decided on deaccession of artwork,
the developer needed to notify the City and go through city policies.
Council Member Price suggested that Staff add a few transit agencies before
going to Council.
Ms. Halpern remarked that many transit agencies decided on artwork that
could withstand the public space.
Council Member Holman noted an inconsistency in the Ordinance regarding
the Public Art Requirement for Public Developments and a certificate of
occupancy; but she appreciated that being in the Ordinance. She noted a
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conflict in the Staff Report regarding payment of in-lieu fees prior to the
issuance of building permits.
Ms. Stump said Staff was still working on the details of when the Art
Program would be integrated with the City standard.
Council Member Holman was concerned about art enhancement versus what
was important to the project and how the artwork would be integrated into
the development of the project. She remarked that the in-lieu fee was a
challenging issue and emphasized finding ways to collaborate with the public
because a review process was needed for the success of the program. The
Ordinance listed exclusive architectural design and study, it did mention
permitting fees; she suggested the term “soft costs” be used. She agreed
with Council Member Klein that the 95 percent was not incentive enough for
developers and liked the sound of One Percent for Art, but was happy calling
it Percent for Art.
Chair Kniss remarked that developers offered the same suggestions.
MOTION: Council Member Price moved, seconded by Council Member Klein
to recommend the City Council review and adopt the Staff recommendation:
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.
Council Member Price looked forward to the discussion of this topic at the
Council level.
Council Member Holman asked how Staff was going to decide on the
percentage.
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Ms. Halpern said Staff would eliminate the incentive and keep it at one
percent; the in-lieu option was enough of an incentive.
Council Member Holman remarked that the Committee discussed making the
percentage higher.
Ms. Halpern wanted to table this discussion for when they came back to the
Committee.
Council Member Holman warned that once the percentage was in place, it
would be hard to revise.
Ms. Stump stated that the Committees input was helpful and observed that
the Council and the Committee wanted a few options for the next discussion
in terms of the size of the art contribution. She noted that Staff, the City
Manager, and the Community Services Director needed to think about
presenting some options for next time. She remarked that whatever Council
wanted to do with the private contribution should be mirrored with the Cities
own contribution.
Council Member Holman supported the program and suggested adding to the
Ordinance that art contribute to a safer environment. She noted
collaboration with other communities and wanted that mentioned in the
Ordinance.
Ms. Halpern said Staff had a list of five Agenda Items they wanted to bring
back to the Committee and community collaboration was one of those Items.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to eliminate the .95 percent developer in-lieu fee.
Council Member Klein emphasized these were the Committee’s
recommendations.
INCORPORATED INTO THE MOTION WITH THE CONSENT OF THE
MAKER AND SECONDER to leave it at one percent.
Chair Kniss commented that Staff leave the one percent and not enable an
appeal option for the program. She clarified that the art would be obtained
by the property owner.
MOTION PASSED: 4-0
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Chair Kniss requested this Item not go on the Consent Calendar.
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Agoura Hills pop.
20,330
Planning and
Community
Development, City
Cultural Arts Council
Public and private
development
1. A building with a floor area greater than or equal
to thirty thousand (30,000) square feet.
2. The alteration or repair of fifty (50%) percent or
more of the floor area of such building; 3.
Any building that is part of the development of a
subdivision of forty (40) or more lots.
1. The minimum allocation for art in
public places - 1% of the building
valuation. 2. The Developer can opt to
pay all or a portion of the minimum
allocation into the Art in Public Places
Fund 1.25% of the building valuation.
In both cases building valuation is
computed using the latest building
valuation data as set forth by the
International Conference of Building
Officials (ICBO).
1. The Agoura Hills Code of
Ordinances;
2. All projects shall have (i) either
receive approval from the Art in
Public Places Committee, or (ii) paid
a fee to the Art in Public Places
Fund.
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
Alhambra
pop. 83,089
Development and
Building Depatment,
Arts and Cultural
Events Committee
Staff
Public and private
development
All new residential development of more than five
units, and all commercial, industrial, and public
building development projects, with a building
valuation exceeding $500,000 as well as any
remodeling project with a valuation exceeding
$250,000.00 shall be obligated to contribute to the
city’s Art in Public Places program.
The amount of contribution shall be a
percentage of the total building
valuation for the development which
shall, in most cases, be computed
using the latest building valuation data
as set forth by the International
Conference of Building Officials
(ICBO).
Contribution obligation can be
satisfied in one of the following four
ways:
1. Payment in cash of the
contribution amount directly to the
Art Fund.
2. Donation of an approved art work,
equal to or exceeding the value of
the contribution amount.
3. Installation of an approved art
work, equal to or exceeding the
value of the contribution amount.
4. Design of the development in
such a manner that it satisfies the
contribution obligation pursuant to
Chapter 23.81.140 of the Art in
Public Places Program,
“Architecture as Art.”
12/18/2012 Page 1
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Azusa
pop.
Economic and
Community
Development
Department,
Private development
(no requirement for
public development)
1. Commercial and industrial development or
residential projects of Eight dwelling units or more,
with a total building project valuation of $500,000 or
more, are required to select, purchase and install
permanent outdoor art at the development site,
accessible and visible to the general public from
public streets. 2. All
attached and detached additions to an existing
commercial or industrial building, with a valuation
(for the addition) $500,000 or more shall also comply
with the program.
1% of the total building construction
valuation; The
maximum Art Allocation per project will
be set at $50,000;
1. The developer is responsible for
selecting the artist(s) and artwork,
provided both meet the program
criteria. The Art in Public Places
Advisory Committee shall consider
each artist and proposed artwork on
a case-by-case basis. 2.
The developer may opt to pay the
Art in Public Places fee established
by separate resolution of the city
council. Fees collected shall be
deposited in the art in public places
fund, and will be used to provide art
in public places elsewhere in the
city.
Baldwin Park
pop. 75,390
Planning Division Public and private
development
1. All new residential development of more than four
units, and all commercial, industrial and public
development projects, with a building valuation
exceeding $50,000. 2. All
remodeling of existing residential buildings of more
than four units, existing commercial, industrial and
public buildings when such remodeling has a
valuation exceeding $50,000.00 excluding
earthquake rehabilitation.
1% of the total building valuation for an
applicable project, excluding land
acquisition and off-site improvement
costs.
1. Reviewed by the Cultural Affairs
Commission 2.
Aprovals by the Community
Cevelopment Director
Bellflower
pop. 76,616
Planning Division,
Community
Development
Public and private
development
1. All commercial/industrial development projects
where the project cost exceeds $250,000, and
residential projects of more than 2 lots or units,
including single family residential structures,
condominiums, apartments, townhouses or other
dwelling units, where the project cost exceeds
$500,000.00
1% or more of the project cost by
acquiring and installing art in a public
place or in the vicinity of the project
site, as approved by the City Council;
or
In lieu the developer may make a
contribution in an amount equal 1% of
the project cost to the Public Arts Fund.
1. Revenue and Finance, Chapter
3.32 (Public Arts Ordinance)
12/18/2012 Page 2
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
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)
Over 160 artworks in the
collection. In the past minimun
number of commissions per year -
4; Maximum number of
commissions - 10. Average 1%
contribution per project - $15,000 -
$40,000. amounting to $45,000 -
$120,000 up to $150,000-$400,000
per year.
City of Brea Art in Public Places
Policy Manual (Jan 2013) 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
Calabasas
pop. 23,058
Community Services
Department
Private development
(no requirement for
public development)
1. Any contruction or reconstruction of commercial
buildings within city limits is assessed a fee for
acquisition of artwork based on the total building
valuation.
1% of the total building valuation. The
maximum fee per project is
$150,000.00.
1. Developer can select and submit
artists; 2. Reviews by the Art in
Public Places Advisory Committee;
Approved by the City Council.
12/18/2012 Page 3
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Cathedral City
pop. 51,200
Building Department,
Community
Development
Private development
(no requirement for
public development)
1. All new commercial and industrial use projects
over 15,000 square feet of gross floor area.
2. Remodeling, repair or reconstruction of existing
commercial and industrial use property, interior or
exterior, where the building permit value exceeds
$100,000.00 in changes to the building, excluding
landscaping and “acts of God.”
1% of the total project valuation;
In lieu of acquiring and installing an art
work, applicants may contribute an
amount equal to 1% of 90% of the total
project valuation to the “art in public
places fund”.
Additionally, the Public Art in
Cathedral City has a number of
projects sponsored by the public art
fund as well as private donations.
Cerritos
pop. 49,041
Community
Development
Department
Private development
(no requirement for
public development)
1. All new development projects, including parking
structures, residential developments of four units or
more, and commercial and industrial development
projects with a building valuation or valuations
exceeding $250,000 in the aggregate.
2. Projects involving modifications and additions to
existing nonresidential buildings, including parking
structures or commercial or industrial buildings when
such remodeling has a project valuation exceeding
$250,000.
1. Payment of an art fee in the amount
of 1% of the building permit valuation to
the City’s Art in Public Places program,
not to exceed four hundred fifty
thousand dollars, ($450,000.00);
2. Donation of an art work for art
placement approved by the city council,
and which has a minimum value of 1%
of the value of the proposed project
development, not to exceed $450,000;
or
3. Placement of art work on the
development site approved by the city
council, and which shall have a
minimum value of 1%of the value of
the proposed project development, not
to exceed $450,000; or
4. A combination of the above subject
to the approval of the city council.
Approved by the City Council.
2. On a case-by-case basis
architecture may be considered as
art.
12/18/2012 Page 4
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
Claremont
pop. 34,926
Human Services Public and private
development
1. Public capital improvement projects, except
street, right-of-way, sewer, and rainage projects,
with a building permit valuation of $100,000 or
greater;
2. Private development projects including
subdivisions, development projects, and remodeling
and modifications to existing development projects
The minimum allocation for acquisition
of artwork shall be based on a
percentage ranging from 1/2% to 1% of
the project’s total building permit
valuation of between $100,000 and
$200,000. Applicants for projects for
which there is no minimum allocation
for acquisition of artwork are
encouraged to voluntarily participate in
the program.
Developer selects, purchases and
installs the artwork on its site; or
if using an alternative location the
artwork should be approved by the
Architectural Commission and the
owner of the property on which the
artwork is to be placed.
Culver City
pop. 39,165
Cultural Affairs
1 FT staff as needed
funded by enterprise
fund (transportation)
Public and private
development
For 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
12/18/2012 Page 5
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Downey
pop. 111,772
Community Services
Department
Public and private
development
For Private Development:
1. Commercial buildings with a building valuation of
$500,000 or greater, or residential projects
consisting of more than 4 units with a building
valuation of $500,000 or greater.
1% of total building valuation of
$500,000 or greater. The maximum fee
per project is $150,000.
Where the installation of art is
impractical or inaccessible, the
developer will contribute the
assessed fees to the Art in Public
Places Fund; or
Placement of public art, the value of
which shall be greater than or equal
to the fee, on the project site.
The developer is responsible for
selecting the artist(s) and artwork,
provided
both meet the program criteria. The
City has a list of art
consultants and resource guides
with artist listings available for
developers.
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
El Monte
pop. 115,965
Economic
Development
Department
Private development
(no requirement for
public development)
1. Commercial or industrial projects which incur
project costs totaling more than $500,000, and
2. Development projects involving new construction
of four (4) or more residential dwelling units.
1% of the total project cost
1% in lieu contribution
1. Reviewed by the Art Coordibnator
and the Advisory Committee;
Approved by the City Council.
12/18/2012 Page 6
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Escondido
pop. 143,911
Planning Department Private development
(no requirement for
public development)
1. All commercial and industrial projects which incur
project costs totaling more than $ 500,000; 2.
Development projects involving new constuction of 4
or more residential dwelling units.
Art fee of $0.30/sq.ft of building area
except tenant improvements with no
added building area; the first 1800 sq.
ft. of any structure; residential
additions.
1. Proposals reviewed by the Art
Coordibnator and the public art
partnership panel; Approved by the
City Council.
2. Developer can choose to donate
art approved by the public art
partnership panel and have a
minimum value determined by city
council resolution.
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
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
Glendale
pop. 191,719
Community
Development
Department
Public and private
development
For Private Development projects:
1. New buildings and structures, or to the alteration
or repair of buildings or structures valued at
$500,000 or more as determined by the Building
Official. 2.
Projects located in the commercial and mixed-use
zones. Does
not apply to Industrial or Residential zones.
2% of the project value, or
In-lieu payment equals 1% of the
project value.
1. Approvals by the Design Review
authority upon recommendation
from the Arts and Culture
Commission or other body
designated by City Council.
12/18/2012 Page 7
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Inglewood
pop. 109,673
Parks, Recreation &
Community Services
Private development
(no requirement for
public development)
New nonresidential private structures and/or other
nonresidential projects that equal or exceed
$250,000
1% of total project valuation
1% of total project valuation in lieu
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
12/18/2012 Page 8
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Long Beach
pop. 462,257
The Arts Council for
Long Beach, the
Department of Public
Art & Design
Public and private
development
Construction, land and parking costs, for either
public or private developments beginning at
$250,000
1. All projects between $250,000 and
$10 million deposit the 1% obligation
into the ACLB’s Public Art Fund for
general enhancement of the City’s
public cultural resources in
redevelopment project areas.
2. Projects with a total development
cost in excess of $10 million are
required to allocate 1% of the total
development costs, 85% to on-site
public art programs (which may include
art works, cultural programming, or
cultural facilities), 15% deposited into
the ACLB’s Public Art Fund.
3. Projects that include historically
designated buildings and landmarks
participate based on total development
costs as for other development
projects. Developers’ plans must be
presented to and approved by the
ACLB’s Advisory Committee for Public
Art.
1. Percent for Public Art Program
(2006) for publicly and privately
projects.
Los Angeles
pop. 3,857,799
Department of
Cultural Affairs,
Public Art Division
Public and private
development (the
Public Works
Improvements Arts
Program (PWIAP,
Percent-for-Public-
Art or Public % for
Art), the Private Arts
Development Fee
Program (ADF), the
Murals Program,
and the City’s Art
Collection
For Private Development projects:
Commercial or industrial buildings with the total
value of all construction or work for which the permit
is issued is $500,000 or more is required to pay an
arts fee, the amount of which will be calculated by
the Department of Building & Safety
1. For an office or research and
development building the fee is $1.57
per sq ft.
2. All retail establishments pay an arts
fee of $1.31 per sq. ft. 3.
For a manufacturing building the arts
fee is $ 0.51 per sq. ft. 4. For
a warehouse building the arts fee is
$0.39 per sq. ft.
5. For a hotel building, the arts fee is
$0.52 per sq. ft.
Additionally, the developer may
provide services and community
amenities for cultural and artistic
purposes in proposed development
project which may be credited
against the requirement of the
payment of an Art Development
Fee.
12/18/2012 Page 9
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Lynwood
pop. 69,772
Community
Development
Department, Housing
Services
Public and private
development
Commercial or industrial developments, with a total
project cost in excess of $100,000 and residential
developments, including single-family homes, with a
total project cost in excess of $100,000.
Project applicants may provide an
artwork in a public place on or in the
vicinity of the project site, subject to
approval by at least three-fifths (3/5) of
the entire body of the city council. The
cost or value of such artwork shall not
be less than the amount of the in-lieu
contribution of one and one half
percent (1.5%) that would otherwise be
made. In the event that the 1.5% of the
total project cost exceeds the value or
cost of the artwork, the applicant shall
pay the difference between the artwork
and the 1.5% fee.
In lieu of providing an artwork, project
applicants shall contribute funds to the
art in public place fund equal to 1.5% of
the total project cost, unless otherwise
provided by the city council.
Monrovia
pop. 36,590
Public Places
Committee
Private development
(no requirement for
public development)
Residential development projects involving five or
more dwelling units with a project cost in excess of
$1 million, and commercial, industrial, office or other
non-residential development projects having a
project cost in excess of $1 million
1% of the project cost; At
the option of the developer, 50% of an
in-lieu art fee may be deposited in the
Library Improvement Fund, which shall
be utilized to acquire, construct or
make capital improvements to the
Monrovia pubic library facilities.
Additionally, the developer can
donate a public artwork to the city.
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
12/18/2012 Page 10
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
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
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
12/18/2012 Page 11
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Palm Springs
pop. 44,552
Community and
Economic
Development, Public
Art Division
Private development
(no requirement for
public development)
New commercial and industrial works of
construction, and remodel or construction of existing
commercial or industrial property; New
residential subdivisions or developments of two or
more over $100,000.
1/2% of the building cost for
commercial and industrial construction
projects;
1/4% for new residential subdivisions or
developments of two or more units
Public art requirement may be met
as follows:
Approved placement of artwork in
outdoor areas of the private property
in a manner satisfactory to the
Public Arts Commission valued at
an amount equal to the program
allocation.
Payment of in-lieu art fees to the
City for deposit into the Public Arts
Fund in an amount equal to the
program allocation.
Posting of a financial security in the
amount equal to the acquisition and
installation costs of an approved
artwork, in the form approved by the
City Attorney.
Acceptance by the Public Arts
Commission of a donation of an
approved artwork.
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
12/18/2012 Page 12
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Petaluma
pop. 57,941
Community
Development
Public and private
development
Any private or public construction or reconstruction
projects in the following zoning districts. Mixed Use
(MU1A, MU1B, MU1C, and MU2); Commercial
1(C1); Commercial 2 (C2); Industrial (I); Business
Park (BP); Planned Unit district (PUD) and Planned
Community District (PCD), except residential PUD’s
and PCD’s, but including mixed use; T-5 and T-6
Zones, except projects that are entirely residential,
but including mixed use; and any City Zoning district
for any public construction project.
1% of the construction cost for a
private or public project, including all
administrative costs borne by the City
Payment of the full amount of the
public art in-lieu fee; or,
Written proof to the Community
Development Department of a
contractual agreement to
commission or purchase and install
the required public artwork on the
subject development site and a
written acknowledgement by the
project artist and the owner or
developer, in a form approved by the
City
Pomona
pop. 149,058
Planning Division Public acquisitions,
donations and
private development
For Private Development: 1.
New commercial, institutional, and industrial
development with a building valuation of $750,000 or
more;
2. New residential development with 10 or more
units, whether detached single-family residences,
condominiums, apartments, townhouses or other
dwelling units.
3. Interior and exterior remodeling, repair,
modifications, reconstruction, and additions to
existing commercial and industrial property where
the total building valuation for the project is $750,000
or more;
4. Interior and exterior remodeling, repair
modifications, reconstruction, and additions to
existing residential property of 10 units or more
where the total building valuation is $750,000 or
more.
5. Infrastructure improvements including
telecommunications, natural resource development,
and delivery systems valued at $3 million or more
1% of the construction costs of
projects;
Alternately, an in-lieu fee in the same
amount may be paid to the City for the
proposed project.
Art in Public Places Program
Policies and Guidelines Manual
(2011)
12/18/2012 Page 13
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 Francisco
pop. 825,863
Arts Commission Public and private
development
For Private Development:
Non-Residential Development Projects with:
1. Public open space requirements greater than
1,499 square feet but less than 3,000 square feet
that provide ground floor open space shall provide
on-site public art of a value equivalent to the Public
Art Fee up to a value of $500,000.
2. Public open space requirements greater than or
equal to 3,000 square feet that provide ground floor
open space shall provide on-site public art of a value
equivalent to the Public Art Fee up to a value of
$750,000.
Residential Development Projects:
1. Project sponsor may elect to use 100% of the
Public Art Fee to provide on-site public artwork.
2. As of the effective date of Ordinance No. 62-12,
for a project that has not received its first
construction document, the project sponsor may pay
the Public Art Fee for deposit in the Public Artwork
Trust Fund.
3. As of the effective date of Ordinance No. 62-12,
for a project that has not received its first
construction document, the project sponsor may
elect to expend a portion of the Public Art Fee for the
acquisition of on-site public artwork and deposit the
remaining balance of the Public Art Fee into the
Public Artwork Trust Fund
1% of the construction cost of the
building or addition.
In any case where the Public Art
Fee requirement exceeds the
amount required on-site, the project
sponsor shall elect one of the
following options to fulfill any
requirements imposed as a
condition of approval: a) to expend
the remainder of the Public Art Fee
on-site, b) to deposit the remainder
of the Public Art Fee into the Public
Artwork Trust Fund, or c) to expend
a portion of the remainder on-site
and deposit the rest into the Public
Artwork Trust Fund
12/18/2012 Page 14
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
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 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
12/18/2012 Page 15
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Santa Fe Springs
pop. 16,223
Library and Cultural
Services
Private development
(no requirement for
public development)
1. New residential, commercial, or industrial
development having total project costs of $300,000
or more 2.
Expansion, remodeling of, or tenant improvements
to existing buildings when any such work has a
building permit valuation of $300,000 or more.
1% of the total project costs excluding
land. In-
lieu payment to the Heritage Artwork in
Public Places Fund equals 1% of the
total Project Costs excluding land.
1. The developer acquires and
installs artwork in a public place on
or in the vicinity of the project site as
approved by the City Council.
2. Alternately the developer may
provide artwork in a public place not
on the developer’s property, subject
to approval by the City Council. This
may be permitted if the City Council
and the developer agree that
installing the artwork on the
developer’s property would not
achieve the purposes of the
Heritage Artwork in Public Places
Program.
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
12/18/2012 Page 16
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
Santa Rosa
pop. 167,815
Community
Development
Department
Private development
(no requirement for
public development)
Any commercial development project (excluding
industrial) in excess of $500,000 valuation
1% of value of the project, or
In-lieu payment acceptable.
Ordinanace adopted in 2006.
In lieu contributions:
FY07/08 - $19,355.00
FY08/09 - $112,000.00
FY09/10 - $124,303.00
FY10/11 - $114,105.00
FY11/12 - $83,880.00
FY12/13 - $69,000.00
Art fees total since 2007:
$523,000.00
Art on Site since 2007 - Total
$512,306.00 (17 artwork
commissioned)
Approvals by the Director of
Recreation and ParksSunnyvale
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
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.
Existing buildings that are remodeled with a
construction cost greater than or equal to 50% of the
replacement cost of the building
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
Westlake Village
pop. 8,270
Planning Department Private development
(no requirement for
public development)
Commercial , industrial, office or other nonresidential
development projects with a calculated value of at
least one hundred thousand dollars $100,000
1% of the project value
Payment of an in-lieu are fee in the
amount of 1.25% of the project value
If the value of the public artwork
approved by the City Council is less
than 1% of the project value, then
the difference is paid to the art in
public places fund.
12/18/2012 Page 17
PUBLIC ART SURVEY
City Department Funding Parameters Valuation Notes
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 18
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 Manager of Project and Developer must
meet with Public Art Manager early in entitlement
review process. 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, public art staff must confirm that artwork was
installed as approved by PAC prior to C of O issuance.
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:
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
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