HomeMy WebLinkAboutStaff Report 8.A 02/23/2004d
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CITY OF PETALUMA, CALIFORNIA
RON
February 23, 2004
AGENDA, HILL
&nda Title. Discussion and Possible Direction Regarding the
Meeting Date: February 23, 2004
stablishment,of 'a Public Arts Fee
Meeting Time: F 3:00 PM
7:00 PM
Category (check one): ❑ Consent Calendar ❑ Public, Hearing N New Business
F Unfinished. Business ❑ Presentation
Department:
Director
r
Contact Per son: r, - Vhone
Number: 778-4301
Finance/Community
Bill Thomas
Mike Moore
Development
Mike Moore
Cost of'Proposal: N/A
Account Number: N/A
Amount Budgeted: N/A
Name offund: N/A
Attachments to Agenda Packet Item
1) "Public Art & Private Development, Report on Program Policies", King County (WA) Public Art
Program
2) City of Calabassas Municipal"Code Chapter 17.24, "'Art in Public Places";
3) City of West Hollywood Municipal, Code Chapter 19.38,,'Urban Art Program"
Summary Statement:
As part ofthe discussion of development impact fees, the City Council directed staff to provide information
on establishing a fee for public art. Although not a development impact fee, a public art fee can be
established through `a number of means, the most common of which is a fee based on a percentage of the
construction valuation for a building permit (for private projects), or the construction estimate of public
capital improvement projects. The attachment from the King Washington Public Art Program
(King County includes Seattle and most. of the Seattle metropolitan area) provides; a concise summary of a
broad sample of existing public art funding mechanisms, many of which are from California. Also attached
are two examples es 'of ordinances that provide for the establishment of a fee and its administration The
Council will I note that many of the communities that have established public art fees and programs also
have some kind. of -advisory committee or commission to develop plans and programs for spending the
collected - fees and select appropriate works of art and their location.
Recommended City C ouncil Action/StiagestedMotion'.
Provide direction'to staff regarding the establishment of a public arts fee and its administration.
Reviewed by,fin'Ance,.Ditector:
Reviewed by Citv Attornev
ADDrovkA bv City Manager:
Date:
7 Date:
day's Dater
Revision # and Date "Revise&
File Code:
February 6, 2004
CTTY OF PETALUMA, CALIFORNIA
FEBRUARy 23,: �: 204
AGENDA REPORY
FOR
Discussion and Possible Direction Regarding the Establishment of a Public Arts Fee
EXECUTIVE SUMMARY
As part of the discussion of development impact fees, the City Council directed staff to provide information on
establishing a fee for public art. Although not a development impact fee, a public art fee can be established
through a number of means; the most common of which is a fee based .on a percentage of the construction
valuation fora building permit (for private projects) or the construction estimate of public capital improvement
projects.
2. BACKGROUND
This matter was raised by a representative of the Petaluma Arts Council during public hearings on the City's
proposed amendments to the development impactfees. The City ,has never established a fee for public art and
g y Municipal there is nothing currentl in the Munici al Code to establish such a fee or. ,provide for its administration. The
1987 -2005 General Plan includes a program (37.1 of the Community Character Chapter) to "encourage a
program of public art in parks, public buildings and public open spaces."
ALTERNATIVES
The Council could choose not to proceed to establish a fee and associated administrative structure, or it may
direct staff to proceed in accordance with the direction provided at "the meeting.
4. FINANCIAL IMPACTS
Unknown at this time; although potential, tosts to the City could result from the establishment of new committee
or commission (staff time necessary for support and liaison responsibilities) and for the administration of the
fee. Some of thesexosts could be wholly or partially covered by the fee, itself.
5: CONCLUSION N/A
6. O UTCOMES OR` MEASUREMENTS THAT WILL IDENTIFY SUCCESSOR COMPLETION:
N/A
7. RE COMMENDATION :
Provide direction to staff regarding;the establishment of a public arts fee and its administration.
49
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I TY U LI ART PROGRAM
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A
KING COUNTY PUBLIC ART PROGRAM.
T
I,
Like many regions throughout the country the Pacific Northwest has experienced the,i of an expanding built
environment. In observing King County's growth, the Public Art Commission asked what public art could do to mitigate the
affects of escalating development in our region. This innovative report examines one possible solution: using public art as
a tool to stimulate private developments thgUare'unique and contribute in a, positive way to establishing a regional sense of
place. Public Art and Private Developments Report on Program Policies collects information from cities, counties and
regional cultural organizations around the country and British Columbia that have legislated public art into private develop-
ment. The results of this study are-offered here for your use. The report researched over 50 public art programs. Of those
contacted approximately 26 have policies regarding public and private partnerships. 19 of the 26 programs are mandated
or legislated programs and 7 are voluntary programs.
The King County Public Art Program recognizesthis list becomes dated as our civic governments add or alter public art
programs. We welcome your.additions and comments. It is our hope'that this research fosters dialogue and the continued
pursuit of improving our built environment.
Prepared by Cynthia. Gould Brown, Senior Project Coordinator.
The King County Public Art Program, with offices in Seattle, Washington, develops permanently sited, portable, or
architecturally integrated public artworks of the highest quality, using funds from 1% of county construction budg-
ets. Since 1973, the mission of the program has been to ensure that the work and thinking of artists is incorporated
into King County buildings, public places and infrastructure.
Public Art Program Staff
Cath Brunner Cynthia Gould Brown Barbara Luecke
Executive Director Senior Project Coordinator Senior Project Coordinator
Ann Friedman Diane Testa
Collection Curator Administration Coordinator
Address.
Office of Cultural Resources FAX 206.296.8692
Smith Tower, 506 Second Avenue, Suite 200 PHONE 206.296:7580
Seattle, Washington 98104-2307 ALTERNATIVE Formats Available /
www.rnetrokc.gov /exec /CLilture /publican TTY 206.296.7580
publicart@metrokc.gov
Cover Page Credits
[Top left image]
Standing: Leaves, Falling Light, Overlake Park and Ride, Redmond, WA C Barbara Grygutis, 2002, all rights reserved. Photo.by Spike Mafford.
Artist. Barbara Grygutis designed•a series of steel sculptures for King County's Overlake Park and Ride that Welcome commuters using the transit
facility and the residents who live above it in 308 -units of moderate' income apartments. The blending-of transportation and housing was created as
aTransit Oriented Development through a join[ initiative of King County, King County Housing Authority, City of Redmond, and the Federal Transit
Administration.
[Upper right image]
Rain Forest Gates, installation of decorative steel band, King Street Center, Seattle, WA C Jean Whitesavage and Nick Lyle, 1999, all rights reserved.
Photo by Chris Bennion. Located in Seattle's Pioneer Square historic district, King Street Center, houses the King County Departments of
Transportation and Natural - Resources and Parks. The project was developed as a partnership between King County,
the building oWher CDP King County III, and the building developer Wright Runstad & Company.
ottom two images]
r idge Between Cultures; Weller Street Pedestrian Bridge Seattle, WA C Fernanda D'Agostino and Valerie Otani, 1999, all rights reserved. Photo by
aM Studio. Weller Street Bridge initiates the first piece in a series of transportation improvements, which will become a hub for local bus, region -
al bus, light rail, commuter rail and inter -city rail services. The bridge links the International District with historic Pioneer Square and the stadiums.
Design, construction and operations funding was jointly supported through King County, Federal Transit Administration, Washington State
Department of Transportation, City of Seattle, Public Stadium Authority and Sound Transit.
Report research examined over 50 public art programs in the United States and Canada.
Of 'those contacted approximately 26 have policies regarding public. and private
partnerships. 19 of the 26 programs are mandated or legislated programs and 7 are
voluntary programs.
Brea, CA
Emeryville, CA
Escondido, CA
Long Beach, CA, Public Corporation for the Arts
Los Angeles, CA
Los Angeles, CA, Community 'Redevelopment Agency
Palm Desert, CA
Palm Springs,, CA
Pasadena, CA
Redevelopment Authority' of the City of 'Philadelphia, PA.
Regional.Arts & Cultural Council, Portland, OR
San Jose, CA
Sarasota, FL
Scottsdale, AZ
Sunnyvale, CA
Tampa, Fl-
Tempe, AZ
Vancouver, BC; Canada
Walnut Creek, CA
I s
Boise, ID
Broward County, Fort Lauderdale, FL
The Arts & Science Council, Public Art Program, Charlotte, NC
Chico, CA
Fremont; CA.
Lincoln,. NE,
Loveland, CO
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:3'�'
KING COU NTY PUBLIC ART' PROG R'A
'6V9
itI � �
pp 55 _ p
® With a few exceptions, most programs transfer the concept of a public % for art program to the developer.
® Most programs. offer a.choice.. Developer,may select .a public art project, contribute to a cultural trust or public art
fund, or some programs split the percentage between an art project and a public art fund.
® Generally, mandated programs require a developer to give % for art monies at the time of the building permit process
and demonstrate that the project is completed prior to the occupancy permit.
® Some programs pool money for a particular neighborhood or region. Pooled funding is then used as "seed money" to
encourage private developers to match or exceed their contribution. A was mentioned to be especially effective with
highly public projects as it encourages developers to engage artists as part of the design team.
• A few programs outline a core area, usually an urban or commercial region, and apply the % for art requirements to
developers working in the zone.
• A majority of the programs participating are located in California. Trend to infuse younger communities with a sense of
culture or civic pride.
® For smaller communities with few municipal or county projects and limited resources, developers may be the only
funding opportunity.'
® Alleviate private sector costs complaints with other incentives such as lower land costs and unrestricted height requirements.
® Once installed developers use the art to say "Look what we did!" Mobilize the media and publicize the project. Create
educational programs focusing on the artwork and encourage the participating developer to talk to others in the private
sector about their positive experience.
® Use established arts agencies to help make the commissioning process easy and helpful. Focus artists on developing
work that supports the developer's and community's goals.
® Put % for art into perspective by comparing it to other fees demonstrating that'the.art % is really quite small. Show
what you get for such a minimal cost and high return to the community.
® Give credit to the artist/artwork selection process and state how the developer will be involved in the selection.
® Use public art experience as a marketing tool. Advertise yourself as the art expert, and the professional who has
researched artists, has project management experience .with artwork installation and fabrication, and can provide media
advice, educational materials, dedications and ceremonies.
® An example of a. successful public /private partnership is the Weller Street Pedestrian Bridge, King County Department
of Transportation, Metro Transit Division.
0 Public /private partnerships provide a link between the support of the arts and a communitys•economic viability. The
region is strengthened by investment in the arts. It demonstrates a long term vitality and competitiveness, and public
art improves the perception of the city, county and region.
El Public art gives a unique visual identity. It defines a place and improves the environment, the image and the character of
the community.
Partnerships balance growth: Building revitalization coincides with the advance of cultural resources.
• Partnerships promote, collaboration rather than conflict through shared decision - making responsibilities.
• Public art provides viable mitigation for large -scale construction projects and'the disruption to communities. r4
KING COUNTY PUBLIC` ART. PROGRAM,
•
Y
P U B I C A R T A N.
k .
PRIVATE DEVELOPMENT
A WS
ORGANIZATION ez r s �� raj YEAR PERCENT NO a0F PROJECTS & CO$T
X ;i e < :fr t. r a `ly�l. - +t ' t �a' FESTi4BLISHED F -,fOR ART �•' i .. ,- ,�`.,, --x .;t
City of`Brea Contact. Emily Keller, 1975 1% 129 artworks,
Art in Public Places Program Manager Revised 199,4, ranging from $8,000 to
Community Services Tel: 714.990.7713 2001 $1;000,000.
Department Fax:
One Civic:Center Circle Email contact:
Brea, CA 92821 -5732 Emilyk@ci.brea.ca.us
Policy: City Ordinance No. 1050
Requires developers of commercial projects, industrial projects and new residential' projects of five.dvvelling units
or more, with a total building valuation of $1,500,000 or more, to select, purchase and install permanent outdoor
sculpture at the development site, accessible;ancl visible to the general public from public streets.. The required .
minimum art allocation shall be 1% of the total building construction valuation (excluding tenant improvements),
which is determined using the ICBO tables in effect.atthe time building permits are issued. All attached and
detached additions to an existing commercial or industrial building, with a valuation (for the =addition) of $1,500,000 .
or more shall also comply'wiih the program. For any custom home development, the art requirement will be based
on an estimate of the homes' market value, based on lot size and existing market. -
Exclusions/Notes: Program excludes churches, schools and individual homes.
5
ING COUNTY PUBLIC ART PR OGRAM
P U It"i L - 1 C A R - A N
IV T E ELEk
A T E P WO, - Ra'+Y QI ,,O, W - S' .
J
ORGANIZATIONF t :''; r mss ar r' fi .: �, :�xa s�
�� { i , { K a u , � YEAR PERCENT, NO OF PROJECTS &COST
ESTABLISHED a -FORTART°
erg �na pn dt. d�, x r.ild Glra. +, {i�' n ab a '.a ^�i }.i. >' -;
V;
Emeryville Contact: 1990 1% 13 completed projects.
Redevelopment Agency Tel: 510:596.4354
Public Art Committee Fax: 510.596.4389 1992 amended
1333 Park Avenue Email contact: Amy Hiestand
Emeryville, CA 94608 ahiestandC ?ci.emeryville.ca.us 1998
adopted new
policy.
Policy: City Ordinance #90 -20
Private building developments with building development costs in excess of $300,000 and subject to design review
approval by the.Emeryvi Ile. Planning Commission shall devote an amount not less than 1% of such costs for acquisition
and installation of publicly - accessible art on the development site. In lieu of on -site public artworks, a developer may make
an equivalent contribution to the Emeryville Public Art Fund.
Requires�that all private, non- residential developments that exceed $2 million in building development costs be required to
contribute at least 40% of the 1% requirement to the Emeryville Public Art Fund with the remaining 60% allowed for on -site
public art.
If the developer does not choose to implement an on -site Art Plan, the full obligation (100% of the 1 %) shall be allocated to
the Emeryville Public Art Fund. Deposit tote made at time of filing the Building Permit Application.
Exclusions/Notes: 10% of any developer's monetary contribution to the Emeryville Public Art Fund will be set aside
in a Maintenance Reserve account for the purpose of ongoing maintenance and upkeep of public art.
Emeryville.is a very small city, approximately 1 square. mile.
6
KING COUNTY PUBLIC ART'PRO.GRAM
PUBLI A
PRIVATE DEVELOPMENT + .
A . A -E D. P R 0G
ORGANIZATION k� as <�
YEA
ESTABLISH _ P- ERCENT y N( ,OF`PROJECT$ &COST F
ED S EDR ARTS >f�a< r bix�ww nz c I; y..
.�: s `
City of Escondido Contact: Susan Pollack 1986 Fee based. 9 projects ranging from
Public Arts Commission Tel: 760.839.4331 $11,,000 to $38;000.
201 N. Broadway Fax: 760.739.7015
Escondido, CA 92025 Email contact:
spot lack@ci.escond ido.ca. us
www.ci.escondido.ca.us
Polic t the
y: time of the application for a Building permit the project developer decides,either to pay the public art fee,
as identified in Section 1074.40 of the Escondido Zoning Code, or in lieu of a fee; work with the Public Art Commission to
purchase an approved, art piece for their development.
Public Art Fee is assessed at $0.15 per square foot for all square footage•of new structures requiring a building permit.
Developers create an art plan, approved by the Commission. Commission recommends that large developments create a
Public Art Master Plan and pool resources necessary to install public art compatible with the overall scale of the entire
project.
The installation of the artwork is required before a Certificate of Occupancy is granted.
Commission requires maintenance guaranteed for the life of the art project. If the project,has not been maintained proper -
ly,the commission requires that the current property owner either repair or maintain the,-art; or, Pay the art fee required by
Section 1074.4 based on the current fee schedule and square footage for which the art was required.
Exclusions/Notes: No fees are required for 1) an individual tenant improvement(s) in a commercial or industrial building
and 2)The`first 1800 sf of any structure. This exception shall' not apply on an individual basis to structures,
which are part of a larger, integrated commercial center. 3) Residential patio covers, gazebos, etc.
The.following non - artistic items do not meet the °in, tent of-this' Reproductions, by mechanical or other means ;,cif
original works of art; decorative, ornamental, or functional elements which are designed by the architect or consultants
engaged by the :architect as opposed to an artist commissioned for this purpose; those elements generally considered to
be components of a landscape architectural design except when elements are designed by the selected project artist and
are an integral part of the project artwork; "art objects" which are mass-produced of standard design; directional or other
functional elements such as signs, color coding, maps, etc.; modification in or improvements to building
surfaces or structural elements of the building. Escondido discourages the use of public.art, which incorporates the specif-
ic likeness of an individual.
_ F
7
1
KI OUI NTY PUBLIC ART PROGRAM
B.11 C. A T A
PRIVATE. DEVELOPMENT
.' ND AT ED P A -0 O V AW S.
ORGANIZA''TION ` ' t ' _ � :s wd r 2 *c, a
YEAR• ;' t .E
PERCENTA
N0� Of PROJECTS &COST ';
yri'rxt ,f a- r k" ,•'y F..., tr ,. . al` �. i +i Q .1 ,; Vi` .y
ESTABLISHED,
fORART F' _,
z�az
Public Corporation for Contact:
1989
1%
15 Redevelopment
the Arts Tel: 562.570.1932
Agency (RDA) projects @
Public Art Program Fax: 562.570.1935
$1.4 million
434 E. Broadway Email contact: Susan Gray
Long Beach, CA 90802 susan @artspca.org
www.artspca.org
Policy: For projects with budgets over $10 million, 1% of total development costs for public and private development
shall be allocated to finance the provision of cultural and artistic features and facilities within the project area. 70% of the
1% obligation shall go towards on- site.art and 30 of that obligation shall be deposited into a Public Art Fund for general
enhancement of the City's public cultural resources. For projects between $250,000 and $10 million, the 1% obligation is
made to the Public Art Fund. Projects less than $250,000 are not required to participate.
Public Art Fund obligation must be met by the developer prior to an issuance of the first permit. On -site art is required to
be installed prior to the Certificate of Occupancy being issued.
Exclusions/Notes: Program excludes low and moderate income housing and adaptive re -use or rehabilitation or tenant
improvements of existing buildings at $500,000 total construction costs or less.
Ineligible costs:
1) Directional elements such as supergraphics, signage or color coding except where these elements are integral parts of
an original work of art.
2) "Art Objects" which are mass produced of standard design such as playground equipment, fountains or statuary
objects.
3) Reproductions and unlimited editions of original artwork
4) Works that are decorative, ornamental or functional landscape or architectural elements except when commissioned
from an artist as an integral aspect of a structure or site; architectural rehabilitation or historical preservation of buildings.
5) Service or utilities necessary to operate or maintain the artwork over time.
In addition to RDA projects, Public Corporation for the Arts provides consulting services to private developers and busi-
nesses as well as city agencies. These additional private projects total seven. The percent for art varies from project to
project.
In addition to RDA `projects, Public Corporation for the Arts provides consulting services to private developers and
sinesses as well as city agencies. These additional private projects total seven. The percent for art varies from
roject to project.
8
s
KING COUNTY PUBLIC ART PROGRA
PUBLIC ART AND
PRIMATE DEVELOPMENT
s.
s
A °ND,A PR®G:RA M S
ORGANIZATION YEAR, s �`A,� PERCENTS ++ NO OFPROJEGTS
k; :• r r fi° z Fr A ESTABLISHED w ;FOR ART
City of Los Angeles Contact: 1980 1% $2;400 FY 1999
Cultural Affairs. Department Tel: 213.473.7700
433 South Spring Street, Fax: 1991,adoptecl $11,092, 450
10th Floor Email contact: Private to date
Los Angeles, CA 90013 Percent for Art
policy
www.cityofla.org7CAD
Policy: City Ordinance #166 =724 and #166 -725
The.Arts Development Fee ordinance provides the users.and communities of new developments with arts programs,
services and amenities. The Arts Development Fee, also referred to as the Private Percent-for-Art, is a citywide program
that has operated since May 1991, and is administered by the Public Arts division of the Cultural Affairs Department.
All private new non- residential development with a total construction value.above $500,000 must comply and pay up to
1% of their building permit valuation. Developers may.satisfy'this fee through a direct deposit into the City's Arts
Development Fee Trust Fund that.is administered by the CulturalAffairs Department, or apply a;'dollarfor dollar credit by
providing an arts amenity or service on the development site.
Eligible projects include, but are,,not limited to; sculpture, murals, portable paintings, earthworks; neon,,mosaics, photo-
graphs, prints, 'film,.sound, v.ideo,,any combinations or forms or media and new genres; standardized fixtures such as
grates, streetlights and other design enhancements as are rendered by an artist for unique or limited editions,, and cultural
and artistic facilities such as public exhibition or performance spaces; Performing Arts (theatre,, dance, music, performance
art),. literary arts, media arts and arts education.
There are two options available for meeting the obligation. It may be paid along with other fees�when the building permit
is issued. The other option is for the developer /builder to do a project or program whereby 1:1 credit.is.given for the dol-
lars spent,. towards the total obligation. In order to receive final approval for an arts project, a developer must provide staff
with a Final Arts Plan and a Final Report.
Exclusions/Notes: Program excludes directional elements such as supergraphics, signage orcolorcoding except where
these elements are integral parts of an original work of art; art objects which are mass produced or of`standard design,
such as playground equipment, fountain or statuary objects; reproductions; decorative, ornamental or functional elements,
which are'designed by the building ; architect as opposed to an artist; cornmissioned for this design, enhancement purpose;
landscape architecture except where designed by the artist; services or utilitie& necessary to operate or maintain the
artwork over time and art consultant fees in excess of 10 % of the art development.
9
r
KING COUNTY PbB LIC ART PR®GRAIW-' :- '
P`O .'B, L 11 G, 'A RT X N 'D
LOPM
y
AM A 7E D
,._.."('1`y, 1 "� $� 1 d 1 r. fd!iy`'A , 'nom :,..+_ - E'.i.} }�:
�s - i�
ORGANIZAPIONk� ly'+ g 4 ,. - -•
d��' `e�4g,;, ,; �aa.4 �b+'µ se t•
"�., ;$
P- YEAR
e't , . :�A' W 5 LI $•}.
3� PERCENTS 4f>
'.�ri� ,.. ': Y J ''x. Y/k. jl
NO OF PROJECTS 8� COST
r'
v.-
�K
_ ,�u
ESTABLISHED,
F
K„•,�9' �-M£ �ry;x= '.� °'i
_ r7u� ,'��.''d a� 35c: ,� � : r!i i » :•• '�� °� `� $i
,nn ^w e��''��
- h- .0 e
,le`". �` r''���„ . .�Y nn 4n_....., -.
Community Contact:
1968
1%
Since 1985 they have
Redevelopment Agency of T6['213.9771600
Updated in
completed approximate
the City Fax:
1985
ly 75 projects, 85% with
of Los Angeles Email contact:
Revised in
developer funding.
354 S. Spring Street
1992
Los Angeles, CA 90013
wvvw.d.la.ca.us[CRA
Policy: Public Art Policy creates 3 poject catego"ri6s Developer Initiated Projects, Cultural Trust Fund Projects and
Community Redevelopment Agency (CRA) Initiatives. All development projects with CRA participation must obligate at
least T% of development cost, exclusive of land and off site improvements; : lto developing a Project Art Plan. *The develop-
er and the CRA will agree.upon the estimated development cost.during negotiation of an OPA (Owner Participation
Agreement) or DDA (Disposition and,DevelopmentAgreement), making adjustments, if necessary, prior to the Permit Date,
should the plans change significantly or should there be a substantial time between final approval and Permit Date. Up to
60% of the obligation may be spent, atthe developer's discretion,, for a public art component on the development site
(Developer - Initiated Projects). At least 40 of the developer obligation must =into the corresponding redevelopment
project area
cultural trust fund. If the developer does not choose to implement an on =site Art Plan, the full obligation (100% of the 1%
obligation) shall be allocated to the corresponding trust fund or may be allocated for a cultural facility.
*All hard and soft costs related to the development of the project, which is subjectto an agreement with the CRA (but not
q usitiori costs, off -site improvements. or any fees °imposed by the City or, pursuant to
including the cost of ° land or other ac i
the agreement with the CRA.) This obligation applies to agreements executed afterthe date of approval of the Policy by
City Council for new commercial development commercial rehabilitation projects. and 'market-rate housing in all redevel-
opment areas; including OwnerParticipation Agreements (OPA), Disposition and 'Development Agreements (DDA), loan
agreements or other CRA agreement:
Exclusions/Motes: N'ew or rehabilitated very low, low and moderate - income housing units are exempt from the art obli-
gation as are projects °with a developmenucost below $250,000 * *.
City of Los Angeles Arts Development Fee. Development projects which: have been negotiated with the
Community RedevelopmentAgency,and are.subject.to an OPA, DDA orother' CRA agreement which includes a CRA
public art requirement may apply to the City's Cultural Affairs Department for credit, dollar for dollar, toward the Los
Angeles'-Arts.Development'Fee. The public art obligation also applies to developmeMprojects where the CRA is the devel-
loper as well as those projects which are jointly'developed bylhe CRA and a municipal department, agency or authority.
' New or rehabilitated'mi xed -i ome housing developments which include both market -rate and affordable housing
*me
units_are subject,to the art ;obligation on that portion of the development which is.market rate.
1®
a
KING 'COUNTY PUBLIC ART P ROGRAM
PIU L� I C Aft T Al, D �
PRIVATE
a
F �m�
ORGANIZATION �x t YEAR PERCENTS NO OF PROJECTS & COST
S -"''°
a 4 ,� °'`." ,�},aaY '.�.,' pE$JABL'ISHED
City of Palm ',Desert_ Contact: 1986 1%
Art in Public Places Program Tel': 760.346:0611 public
73 -510 Fred Waring .Drive Fax:
Palm Desert, CA :92260 Email contact: 1/2%
commercial
1/9 %a
residential
www. pa I m- desert. org
Policy: Requires,that `1/4% of 19/0 of the building cost for'individual residential units for that portion of the total building
valuation in,excess.of $100,000 and for all other residential development beset aside for art.
1/2 % -0f 1%'for commercial development of total'valuatlon, excluding,land acquisition and off =site improvement costs
1% for public facilities the total building valuation. In no event shall the program allocation for residential or commercial
developments exceed $50,000.
In,lieu:of'placement of an approved artwork, the applicant may pay to the Art in Public Places Fund an amount equal to
the program allocation:
Requirement musube met prior to the Building occupancy permit.
EuchisiohONotes: Street and drainage projects are excluded.
KING :COUNTY PUBLIC ART P
PU B, L I C ART "AN -
PRIVAT DEVELOPMENT i
M INDA P P®GR A S
ORGANIZATION '�'` t' JZ 1 ,i +�u £ � r "� J v�� x'M1'` YEAR" , PERCENT'c, IVO OF PROJECTS& COST
ESTABLISHED FOR ART, Y' • t ; f s J rt "4 �.n
City of Palm Springs Contact: 1988 1/4% Over 1600 projects have
Public Arts Commission Tel: 760.778.8408 residential contributed to the fund.
PO Box 2743 Fax: 760 .322.8325
Palm Springs, CA 92262 -2743 Email contact: Diane Morgan 1
DianeMCU)ci. pal m- springs.ca.us commercial
www.ci. palm- springs.ca.us
Policy: Ordinance No.1479. Funding for the: program comes from fees collected for new development and remodel
projects. Should a developer choose not to include artwork as part of a project's aesthetic treatment, a fee may be paid in
lieu of artwork placement. The fee is calculated as a percentage of the building permitvaluation.
The total building valuation shall be computed using the, latest Building'Valuation Data r as set forth by the International
Conference of Building Officials, unless in the opinion of the Building Official, a different valuation measure more accurate-
ly represents the value of the building. Program allocation shall be an amount equal to the percentage of the total building
valuation for an applicable project; as listed: f /o.for new commercial and industrial construction; fi% for remodel or
reconstruction of existing commercial or industrial property; P/o for new residential subdivisions or developments of two or
more units, whether by detached single- family residential structures, condominiums, apartments, duplexes, townhouses
or other dwelling units being built in ° the 'same tract by -the same owner, or developer; F/o for new individual single - family
residential units constructed on a lot located in an existing subdivision for that portion of building permit valuation in
excess of $100,000.
Ordinance applies to all works of construction and rehabilitation for which a building permit is required, including, but not
limited to: New commercial and industrial construction; remodeling or reconstruction of existing commercial or industrial
property; new residential subdivisions or developments or two or more units, Whether by detached single- family residen-
tial structures, condominiums, apartments, duplexes, townhouses or other dwelling units being built in the same tract by
the same owner or developer; new single- family residential units constructed on a lot located in an existing subdivision
whose building permit valuation is'over $100,000. Compliance required prior to certificate of occupancy.
Exclusions/Notes: Excludes land acquisition and off -site improvement costs. Does not apply to public projects undertak-
en by any agency of the City, the State, County, -School District or any other governmental entity; remodeling, repair or
reconstruction or structures to comply with earthquake seismic.safety code standards or which have damaged by fire,
flood, wind, earthquake or residential units; nonprofit social service or cultural institution projects; low to' moderate hous-
ing projects as defined by household income. Health & Safety Code Section 50093; affordable housing developments
receivingCity, State or Federal - assistance; private educational institutions which provide general. education equivalent to the
public school system (K -12); architectural rehabilitation or historical preservation of properties which designated Class 1
Historic Sites by the City Council.
ublic Art Fund ineligible expenditures: reproductions and unlimited editions of. original artwork; mass - produced art
objects; works that are decorative, ornamental or functional landscape or architectural elements except when commis
sioned. from an artist as an integral aspect ofa structure or site; architectural rehabilitation or historical preservation of
buildings. ' 12
KING COUNTY PUBLIC ART PROGRAM
PUDLIC 'ART AND
PRIVATE DEVELOPMENT
a F.
ANDAT PR0GRA S.
ORGANIZATIONS �r',,f E ,r yX "' ° 'c YEAR' �? PERCENT 4 NO OF'PROJECTS &COSTtk
ESTABLISHED , FOR ART.
City of Pasadena- Contact: 1992 1% Currently there are 33
Public Art Program Tel: 626.744.69155 active projects, 22 of
City of Pasadena Fax 1996• these are with private
Planning& Permitting Dept. Email Contact: Rochelle Revisions developers - and , range
175 N. Garfield Avenue. Branch, Public Art approved from $6,000 to,100,000.
Pasadena CA 91101 Coordinator,
rbranchr)ci. pasadena.ca. us
wwrni.ci. pasadena.ca. us
Policy: Public,Art Ordinance #6420. Requires that,at least 1% of.the private development costs-for new commercial,
industrial and mixed use projects over 25,000 square feet of gross floor area shall`be allocated by the developer for a pub-
lic °art component. The Public Art.Program financial requirement shall be based on 1% of the building permit valuation.
The 1% public art,`elernent may be'satisfied by the financing of cultural an d artistic - facilities, program and /or on -site artwork
features, or the developer may elect to deposit 1% or any portion thereof, into the Downtown Cultural Trust Fund account
to be used.for the general enhancement of City cultural resources: •(Ornsiter:cultural pro.,gramming may include: performing
arts; literary arts; media arts; education; special events; artist -in- residence programs) 20% of the 1 % or $1200, whichever is
higher is set aside for fixed costs such as administrative fees.
No certification of occupancy for a project until there has been a written determination by the Arts Commission that there
has been compliance with the Ordinance.
ExclusionslNotes: Land costs and.-off-site improvements, are excluded' from,development costs; Other exemptions
include projectsw thin any redevelopment project area;•projects having a'- fully•exe'cuted' Owner Participation Agreement
(OPA), or Disposition and Development Agreement (D.DA) ora Vesting Tentative Map approved prior to the'effective date of
the Public,Art.:Ordinance. Projects,within .the Northwest Enterprise Zone as the same may be,amended from time to,time;
projects within the boundaries of the master plan or planned development zone change: area approved prior to the effec-
tive.date of the ordinance and ' projects for which a building permit was issued prior to the effective date.
Developers are strongly encouraged to exceed the °.minimum 1% public -art requirement-and develop a public art project
that truly :enhances their development and the surrounding community. Prospective Developers will be notified of the
Public Art,Program requirements:duringthe mandatory PredevelopmentPlan Review.
13
i
KIN COUNTY PUBLIC; ART PROGRAM
B r%
L I C ART AV N
a
PR IVATE DEVEL
r.t
A:19 :93ATED PR
ORGANIZATION' PERCENT,¢ *��J� NO Of PROJECTS &COST-
STABt ED'C
E ISH f.OR ART
Redevelopment Authority Contact: Herbert Wetzel, 1959 1 % Over 300 artworks
of the City of Philadelphia Exec. Dir. installed, with an original
1234 Market St, Tel: 215209:8732 cost over $6,000,000.
16th Floor Fax:
Philadelphia, PA 19107 -3701 Email contact:
wVVW. phiia.gov/sunirnary/r - da
Policy: The redeveloper is requiredto expend an amount equal to 1% of the total construction budget for work(s) of fine
art. The total construction cost budget shall be based on.total construction budget for general, structural, mechanical and
all related interior improvements to the development and the cost of all on -site and; sometimes, off -site improvements.
1% Fine Arts clause shall be contained in contracts with a construction budget $100,000 or more. The Authority
maintains a Fine Art Development Fund, which is used periodically to organize and sponsor competitions for outdoor
works of public,art. Redevelopers with construction budgets of less than $1,000,000 are required to contribute to the Fund.
The 1% contribution shall fulfill the Redevelopers fine arts requirement.
Exclusions/Notes: The 1 % Fine Arts contractual clause shall not be contained in the following: Construction of
residential housing involving public subsidies; construction of certain School District of Philadelphia sites; and construction
of one single family residence, unless the construction budget is $1,000,000 or more.
Redevelopment Authority has worked with a variety of clients including major hotels.
' 14
KING COUNTY PUBLIC AIRY' PROGRAM
PUBLIC A A PRIVATE' DEVELOPMENT
P
M ' A 'NDATED PR0G M .S.
ORGANIZATION YEAR
r , F'ERCENT' NO OF PROJECTS& COST
z f :ESTABLISHED FOR ART
Regional Acts & Cultural Contact: Eloise Damrosch, 1995* 1.33% City 8 Public /Private projects
Council (RACC) 503.823.5400 of Portland within the last 9 years
Public Art Program Tel:, 503.823:5111 *RACC, and ranging from $2,000 to
620 SW Main, Fax: 503.823.5432 formerly known Multnoma $65,000:
Suite 420 Email contact: as the h County;
Portland, OR 97210 edamrosch@racc.org Metropolitan 1% for
Arts Metro.
Commission.
% for art Bonus
wvvw.racc.org
Program initiat-
ed in 1988.
Policy: RACC•is non - profit organization located.in the tri- county Portland metropolitan - region.. Includes City of Portland,
Multnomah County, Washington County and Clackamas County.
Summary: Portland's City Code states that developers can, in some cases, obtain zoning bonuses and exceptions to certain
requirements by incorporating public art into their projects.
Policy: Percent for Art Bonus Program, Central City Plan, Section 33.702.060.4. Percent for Art Bonus Floor Area Ratio
(FA.R.) Development; projects, which commit 1% of their total construction, costs to public art, may receive floor,area ratio
bonus of 1:1. Projects committing more than 1% to public art receive additional bonus floor area ratio of 0.1.1 for each
additional 0.1 % of the project's total construction costs devoted to public art, up to a maximum floor area ratio bonus of 2 :1.
Total construction costs are.the sum of all construction costs,shown on all building perm its. associated with the project. For
projects involving the expansion of buildings, the allocation for pullic•art`will be a percentage of the combined costs of new
construction and the value of improvements to the property-as listed in the county Tax Assessor's records, at the time of
application for Design Review.. Projects utilizing this bonus provision must place at least 25 %of'the project's public art
et into a Central City Public ArtTrust Fund, maintained by RACC. A project's "developer(s) may choose to give the entire
amount of percent for art funds in the Public ArtTrust Fund,
In brief there are 3 options for gaining the FAR bonus:
1) Allocate and spend 75% of 1 -2% of construction costs on a work(s) of art and, contribute the remaining 25% directly to the.Public ArtTrust Fund.
2) Contribute; the full 1 -2% of construction costs to the Public ArtTrust Fund.
3) Contributeran amount greater than 25 % of 1 -2% of,construction costs to the Public Art Trust Fund and dedicate the balance to on -site artworks..
At the,time of the application for a Building Permit the project developer must make the full contribution to the Public ArtTrust Fund and submit a
progress report on the'art,projectao RAM Installation of artwork should be completed before a Certificat&of Occupancy is granted.
Exclusions/Notes: Public art has been so successful that the Port of Portland,Tri -Met and City of Gresham. seek
RACC's help in managing their own voluntary public art programs.
Percent for Art in Portland and Multnomah` County consists of .95% for artwork, .05% for maintenance, and .33% for
administration and public education.
Exemptions: Reproductions of original works of art; decorative, ornamental or functional elements designed by the archi-
tect.or consultants engaged by the.architect; elements generally considered to be components of a landscape architectural
design except where designed by an•artist; art objects which are mass-produced of standard design suchias playground
equipment or fountains; directional or otherfunctional elements such as supergraphics, signs, color coding, maps,
unless. designed by an artist; modifications in or improvements to building surfaces or structural elements of the
building. 1`5
i
OUNTV PUBLBC,/o1
A RT A N D
P.'U
PR y
I T L PMENT.
ORGANIZATION r ���_� 4 �a YEAR�� PERCENT �� °NO OF PROJECTS &`,COST•¢
. `.` nd'�- a� -rs�+� li "k ;.�Tt '' N ..'
ESTABLISHED FOR ARTS d �t raj.
���
City of San Jose Contact: 1984 2 %°
Public Art Program Tel: 408.2778812 Revised in
Office of Cultural Affairs Fax: 408.277.3160
4 North Second Street, Email contact:
Suite 450 Harriet.Traurig@)ci.sj.ca.us
San Jose, CA 95113
www.sarIjoseculture.org
Policy: Any private project clone with a DDA,.or an OPA,. requires private developers to contribute 1% of
monies' spent on -site in publicly- accessible areas or can be pooled for use off -site.
ExclusionsMotes:
16
ICIRIG COUNTY PUBLIC ART PR GRA IM
U. Ll C A R T A =
.r
PRIVATE REVELOPMENT ;.
�'`_ 'NO OF PROJECT -S & GOST.
r
,�� �] r+ a � C ,. � d,.r,. ,. ��.+" � •. S � a3 hfPV �� � �"'`i '��
k 4
�nr T" v^2
1`1 _ Y . ` a
ESTABLISHE CART
City Contact: 1989 1% Since 1994 projects (5
PublicArt Program Tel: 941:954:4195 Revised 2 private, 5 Public-Art
Planning" & Development Fax: 941'.954.4179 Fund)
Dept. Email contact:
lisa arcabella�!.
1565 1 st Street,
Room 302A
Sarasota, FL 34236
Mail: PO Box 1058
www:sarasota= arts:org
Policy: Ordinance No. 00 -4223
Any. property,owneror who applies to the City for a building permitto ; construct •ormake,substantia1, improve-
ments to a non - residential building located in the Community Redevelopment Area ComrrerciakCentral: Business
District (C- C8D)'zone,Theater and Arts District (TAD) zone or a public.,buildin. g,on Governmental (G) zoned property is
required`to make a publicart;contribution.
For buildings less than $1;000;000 total construction valuation of'the building permit, the owner /developer is required to
make a contributionto the PublicArt Fund of .5 %0,(.005) of the construction valuation of the building permit. For buildings
with more than $1,000,000 total construction valuation of the building permit the owner /developer can either make. 6 .5 %
(.005) of the tot- 61 construction valuation of the building permit,contr to'the. Public ArtFundwomhe'owner /developer
can provide public art. 'Public, art is,:subject to.approval by4he Public Art Committee, on the =development site or in,a public
place °off site; of `a value of .5 % (.005) of the total constructiorrvaluation of the building permit. ;(Maximum.required value
$100,000). Options for "providing publican are'to.purchase an existing piece of artwork,or have- a'specific piece of artwork
commissioned. For commissioned work, a deposit with the Building, Zoning Code Enforcement Departrrment.of 115 % .
of the value of;the, public art is required, prior to the issuance of a building Permit.
Prior to the`issuance of a building permit, the Publ_ic Committee will review all documentatiogksubmitted by the proper-
ty owner or developer; as outlined on the Application for Public''Art form. The Director of Building, Zoning and Code
Enforcement will not issue a building. permit unless the public art requirement has been satisfied. by approval by. Public
Art Committee; donation to the Public -Art Fund or a deposit of 115 of the value of the "required public art contribution.
Exclusions /Notes:
' 17
KINGr ZOfl9NTY PUBLIC ARC' PR
IF
A'' R' V ? U TE DE
z .. T Elf
s
RG'ANIZA'TION s ,K; ..`^� w`a� U urns x••.� *� -.a� . to
h `Y ry .,f , �� wF�,a ?b YEAR. w
O P,ERCENT NO OF PROJECTS } & COSTS
,EST "ABLISHED
.. z•.�.';�!1fr t i - � r rn�s"'a ���r � � at .,� � s, �"§.. � �• ! S.. N��r '.� . -f yr� 4�7 sya.
i *. u2` _ n. ,�r1 iv, k a ., e. -.s m, ,, e..• � tii ,.. r�.° _�� '� Ir'�b+MF�, c�"
City `4 Scottsdale Contact; 1985 1%
Public Art Program Tel: 480'.994.2787
C/o Scottsdale Cultural Fax: 1988 Revised
Council Email Contact:
Scottsdale Museum of MargaretB(
Contemporary Art
7380 East 2nd St.
Scottsdale, AZ 85251
www.scottsdalearts.org
Policy: 1% of the amount budgeted for capital improvement pmjects.in the annual budget is appropriated to the fine arts
trust fund. The appropriation shall be made based upon the pro rate share of each fund type budgeted for capital
improvements.
Revision: In a Planned Block Development (PBD)'in the downtown district original works of art costing a minimum of 1%
of the building valuation shall be installed 'and'maintained in accordance with the art in public places program. Artists and
artwork are selected by a) the.developer'may select a visual arts profession, al to act as a consultant or b) the developer
may utilize the resources and services of the Scottsdale Cultural Council. Original artwork is to be placed within the PBD
on a site which takes into account the following: unobstructed public viewing and accessibility; public safety; interior and
exterior use of patterns which are consistent with existing or future architectural and natural features.
The developer may pay an amount equal to 1 % of the building valuation or any portion of the obligation not used on site
into the cultural trust fund, in lieu of installing original artwork in the PBD.
Provision must be met prior to occupancy.
ExcluMbns/Mo es: °This ordinance shall not apply to: Those portions'of a planned block development for which a
building. permit has been issued prior to the effective date; individual tenant improvements or alternations and reconstruc-
tion less:than 30;000 square feet.
18
1CIN G COUNTY PUBLIC ART PROGRAM
P L IRT A ND
L OPM F
a .tis�7� s 2� t. •t i , �,,,,,. • 5 - � a s - 4 r :, .. - C�- t � '�4,�.
ORGANIZATION t• ra 4 `, zs ��, �i ,� YEAR? f #£ PERCENTS <NO OF PROJEis S COST
p
r�
TABLISH �.' �. ,WR• S , F,•',1 4 is r ; r n-sa •.
ESED fORrART
;City 'of Sunnyvale. Contact: 1990 None. 1997 -99; workng'.on or
Arts &Youth, Services Tel: 408.730.7758 Public Art havecornpl_eted 12
550 Remington Dr. Fax 408.730.7726 Policy is cur- projects, rangng°from'
PO Box 3707 Email contact :. rently under $30;000 to $150;000.
Sunnyvale CA 94087 Kristin Dance revision.
kdance � 6.sunnyvale.ca.us
www.sunnyvale,ca.us
Policy; Ordinance # 2312„90,Sectio,n 19.49.. All non - residential ,development;!projects (including hotel.,and motel:deyelop
merits) involving construction of new buildingstor'the;expansion of existing buildings on property subject, to this chapter,
for which a building permit application ,is filed after the adoption of this chapter, shall
pro vide for the installation and ..
maintenance of publicly visible artwork on the;property being developed in accordance with this chapter, Any lot:'having
an area of two acres or more;shall be included. Policy lists specific street intersections where public art must.occur.
regardless of'the lot size. Alsoapplies to buildings where (new or expanded construction) °30 000�square feet , ,or , 10;000
square feet,at speciied intersections.
Requires an artwork permit.
Property owner maintains the artwork.
ExelusionslNotes: Ordinance is;exemptecl from the•California Environmental Quality Act.
Brochurerfor developers.
19
b ING °C;OUNTY P U13L:IC ART PROGRAM' �"
UIB LI C' F
II A
I T
,
ORGANIZATION,.1' x;s, °#A - rte i ,.•F,
n,> Y::r ._ <� ,_.•� F �,:� YEAR °`, =a. I ax n .ar LISHED, FOR ARTa� a� a . x Ah „ "a@� y S , ,ln, -Q ..- 3' �``4
City of Tampa Contact Robin Franklin Nigh 1985 1 %6 Over 200 artworks,
Art in Public Places Tel: '813.274.8531 Revised ranging from $1 to
306 E. Jackson Street Fax: 8132 74,.8080 August, 2 $350,000
4th Floor Email contact:
Tampa, FL 33602 robin.nigh @Ptampagov.net
r
www.tompagov.neUdep _ art _ in_publ ic_ places
Policy: City ordinance no. 2000 -227 and Section 27- 441', City of Tampa Code. City.ofTampa's Public Art Program
maintains two ordinances.. The first is for municipal con struction applicable throughout the City of Tampa. ThoughTampa's
ordinance encourages public art citywide, the second ordinance' is specific to the CBD (Central Business District) and
includes developers, and other separate authorities such as transportation to incorporate public art in their projects.
Developers of new construction projects in the CBD are required to comply as follows: each new development project
shall be assessed at .75% ofthe total project cost with a maximum contribution of $200,000, for ground floor or on -site
publicly accessible art. A developer may pay a fee -in -lieu of .5 %o of the'total project cost, up to $200,000, into the Public Art
Fund.
The ordinance requires a minimum of 75% of the public °,art funds be.spent on artworks that are clearly visible from the
sidewalk of other public space. A maximum,of 25 % of the funds maybe used to.acquire artwork that is placed in publicly
accessible locations indoors. A developer may provide public art on another site that is agreed upon by the City.
Exclusions/Notes' Ineligible °projects include: business logos; directional elements such as super graphics, signage, or
color-,coding,
are or
mass-produced oduced suds as fountains, statuary or p by theprojectartist as aygouind equipment; o most f e development; "art objects"
art podu
wh
coons; landscaping or
hardscape elements that already be associated with the project unless designed by the. artist; services or utilities
necessary to operate or maintain-artworks, and elements designed by the projectarch'itect, landscape architect or engineer.
20
}
KINO COUNTY PUBLIC ART PROGR
P 11C R T A N.
PRIVATE: RE V EL OPM ENT
'D A T SO,
G.' G.'R A IM
ORGANIZATION ai �s'- ' ` R aL`, `aH YEARa` °g.r�, PERCENT,� # NO x OFF'ROJECTS,& COST
a ` � =�'o4s �. , m , d . • , ESTABLISHED 'FOR ART'
• a
City of Tempe Cultural Contact: 199.0 1% 1 .1993 -1999, 3f sprojects
Services Tel: 480.350:5149 completed @
City of Tempe Fax: 480350.5161 Guidelines 7,085 sf.
Public Art Email Contact: under revision.
3340 S. Rural Road Rex Gulbranson
Tempe, AZ 85282 rex'_gulbransonC@tempe.gov
www.tempe.gov /arts
Policy: Tempe's Art in Private Development Ordinance #808:9819 requires,that'a developer building new commercial or,`
office prqjects totaling more than 50,000�square feet is required to,;contribute toward,public art projects: The ordinance
remains in effect „ even'if the commercial. or office space is;a part of projectwhich has,an' industrial; orother usage, or the
building project-is located on land .zoned for industrial usage.
The developer investment is' based on' the amount of square footage of the gross floor. area dedleated t0 - Co
or office use. The (fontributionf is also adjusted by the Consumer Price Index.- 1999 value: $.33 per square: foot:
Nontransferable:.
Before a'Ceriificate of Occupancy is issued, the,developer must,meet the requirements of this ordinance:. 4 choices:
1) Art,Project: Artwork that is: integrated .on the siterof the development. _Artwork completed in compliance with this
ordinance shall,be located on an exterior-site visible to the public•for at Ieast:40 hours each work week.
2), Community:Arts Program: Arts projects and programs that'involJe.ithe, public. The program is approved by both the
developer andthe;Arts Commission.
3) Cultural Space: A,visual or perform ng, arfs” spacer This space could be�a 'rnult -use site.
4) Arts Fund Contribution: Indieu cash contributiontoaheTempe Municipal .Arts Fund, used to fund public art projects
administered by`theTempe Municipal,Aits-Commission.
ExclusionsiNotes: Remodeled older buildings exem.'pt.
Projects not ,eligible include a,business_ logo directional elements such as supergraphics „signa.ge,.or color coding
except,vvhere these elements - are designed by the project artist as part of the; development "Art. Objects''' which are mass
produced, such as fountains statuary or playground ,equipment; most art, reproductions; landscaping °or'hardscape ele-
ments which:would normally be associated with the project; services or utilities necessary to operate or maintain. artworks.
21
KING. COPUT Y ,PUBLOC A RT PR OGRAM
P U B L' I
!�Y
A I 17 �1 •
Aml
RR I VATE! DE V E ORMEN T
0 "
ORGANIZATION' - NOOF
H PR JECTS& COST -
Vancouver Contact: 1990 Approxi- Civic & community
Office of Cultural Affairs Tel: 604.871: mately $1 projects are funded
Public Art Program Fax: million per through the Public Art
City Hall Email contact: year/ Reserve, which is
453 West 12th Avenue bryan__nevvson P�city.vancouver.bc.ca 3 -5 projects allocated by the ,City
Vancouver, BC per year. Council. It is an interest -
Canada V5Y 1V4 earning City reserve,
which holds funds from
public and private
sources until they are
www.city.bc.ca /publicart allocated to public art
projects.
Policy: Private- sector developments which require major rezonings (change of use or'upgrading the land) that are greater
than 160,000 sf are required, in exchange.for these special considerations, to contribute $.95 per buildable (FSR) foot to
public art. This results in fairly large commissions, which may be in one or several sites. Developers are required to
contract an experienced art consultant to co_ ordinate the competition and jury selection and to abide by public art guide-
lines. The Public Art Committee reviews'the art sites; budget allocations, jury and artist selection procedures.
Developers have 3 options for fulfilling their public.art .commitment:
1) Full participation in the juried public art process. Preferred option.
2) Developer pays 100% of the required'art "budget to the Public Art Reserve for - allocation by the Program
3) 60/40% split whereby the developer can use 60% of the required ;budget to >develop artwork to be sited on the private
development land, the choice is at their discretion, and 40 0 /6 of the budget is:paid to the City's Public Art Reserve.
Though the commissions are sponsored by private developers, they are generally on public land and the title is transferred
to the City upon completion.
Exclusions /Notes:
22
K011 O COUNTY PUBLIC ART PROGRA�1
L1 ART A N'
u ..
PR [VAT E E EL OP E N T
ORGAN aZATIOM , � Ct k YEAR4 ` Y� FERCENT ,q IVO OF } PROJECTS& COST,
„.,� riW r ESTABLISHED ti,
City ^of Walnut,Creeik Contact: 1983; 1
PublicArt Program Tel: 925 Amended
1601 Civic Drive Fax: 1987 & 2000
Walnut Creek, CA 94596 Email contact:
Regina,Almaguer
PublicArt@ci.walnut- creek.ca.us
Policy: Ordinanc-e.No. 1972 and 1973, Resolution_4771
For private developments that are 25,000 or;greater, not less than I %a of construction cost (building permit value ,shall
be allocated for °public'art. For private projects that are between 15,000 24,999,sf, not less than. 5 % "[fi of 1 %].shall be
all
such projects in the ?edestrian'Retail District or the Core Area Development Zone., This °requirement shall also
apply for alteration of more than.50% of the G.S F. gf'an existing structure orarea.
For private projects where public art -would normally be expected,, but..vuhere either the Design Review °,Commission finds
that location, `siting or scale make the provision of public art inappropriate or impossible; or agrees to the applicant's pref
erenceao not integrate a public art element into the project the equivalent public: art funcls should be placed ,in an in4ieu
fund. This fund, upon recommendation of the_ Arts- Commission, will enable enhancements be sited: elsewhere within
the same Public Art Project, Zone.
Exclusions/Notes:
13
� ymmy��''„,, '�ry�p e p e p ®p� " �\__I 14. a AA dyypp�� �ryYp' atl. ® ;'. � r , �-0 s °_II ar # 1r µ. W . 4i, y H .• " , }
?
y
tps 'i r a�
any L, M
.�
k . t a r iv, _ y.._d „ x p, ' �t�. " "�z.a€,,+�.4W�'r. a s �,r
1 . 6 ,NO �,r�rj. ,YEA'R `,f?ERCENT r)NOOFu`P.ROJECTS� &
.''ar;.g{, K ✓. v c J a � .h.. +�F! , w'+ t� <..', TI�v',4�4F i Iy�, 1 .i,�, S�"�.' `�.`:
ESTASLISHED�fORART
Eloise City Public Arts Contam: 1978, 1.4 °/o -In 2002, the program is
Program Tel: 208.336.4936 managing 24 projects,
Boise City Arts Fax:' 208.336:0455 Revised 2002 4 of which are public/
Commission Email am ttoft _private partnerships.
PO Box 500 Karen Bubb,
Boise, ID 83701 -0500 kbubb @city)fboise.org
Summary: Boise's redevelopment agency, Capital City Development Corporation ( CCDC), is in the process of finalizing
a formal, written policy for the inclusion of artists and public art projects `in it's public /private redevelopment projects.The
recommendation of the new policy is to include.in all'CCDC capital projects of at' least- 500,000 a budget equivalent to 1%
of the hard construction cost, up tol a maximum of $200;000, for investment "in cultural infrastructure, which could "be pub -
lic art, cultural facilities, or a contribution to a Cultural'Trust fund„ which'is a new entity for CCDC /Boise.
If, in a single budget year, a series of smaller projects each have a construction cost of less than $500,000 but combined
are over $500,000, an amou 1% of'the.capital budget for that year up to $100,000 will be reserved for
cultural investments in the Trust Fund:
Design teams for each capital projects undertaken by CCDC shall include an,'artist.
Whenever possible, CCDC arts funds will be used to leverage additional contributions from developers, other private
sources, and public or quasipublic entities, but participation by,other entities is not mandatory.
The Boise Cit
Arts Commission (BCAC), a division of'the Mayor's office, manages the selection process of artists and
works of'art for'CCDC,and the City of E;oise.'BCAC also manages maintenance of the collection, education, and develop-
ment of new projects.The funding of Public Art in Boise has steadily increased in the past five years.
Exclusions/Notes: In March of.. ^2001 Boise City CounciVpassed.a. Percent for Arts Ordinance'that requires all City
capital projects to contribute 1.4 °/a of eligible,capital funds for public art (1% for capital costs of"the art, .4,% for selection
process, admin, maintenance, and education).The ordinance does not require other,public or private entities to participate,
but encourages it.
E(1@d9GCOUNT�(� PIJ�LIC A1tY'P� ®3s�A`�1
,' ,_` �' s y3 -'i `.� vt+ �.. � , } fi n. F .� x•. � � • ,. � , . , ,�.. 1.
�P
""'VAT DIVELO`P.I,�'�' T �
1.1", N V '
t.
O.RGANIZA710N a r : � " § � r
,.��� a,PERCENT,'�a pt �
x�r , , OF JECTr� ` OST�'�
ESTA FOR AR7 � s, P
-'�� •a�rnY e.���� �'��. .:e �, - `
Bnaward Cbunty - Contact: 1995 2% 1 project (pending)
Commission Tel: 954 .357 7463 Public /private
Broward. County Fax: 954.3576790 ordinance
Community Services Email contact:
Department: Jody Horne = Leshinsky 1976- public
Cultural, Affairs Division jleshinskyC�broward.ory art program
1005- Andrews Avenue
Fort Lauderdale FL,33301
www; browdrd.org /arts
Policy: Ord inance.'95= 20.states that''pooled'funds may be; used as seed money for artists' fees,, to initiate partnerships
with private and other public entities to,providb,publican and aesthetic enhancements in County pursuant to
written agreement" Funds from eligible construction projects,shall' be�allocated within the Public Art Trust Fund 'for artist
design services and the acquisition or commissioning of artworks for the County, Collection.
Pooled funds for partnership projects can only be generated from General Fund capital projects._ Seed money for artist's
fees may.include a dollar amount up to 15 %0 of the art allocation the-Lapplicant, organization ' set aside, for the project:
(Example: Building X will cost $5 million to construct. $100,000 has been set aside as part;of the.construction project for
artistic enhancement within•that project. The seed money for artist design services, requested from the _county; cannot
exceed $15,000.)
Exclusions/Notes:
IrIel foun o s at ks r ele Obje r 'ma ,'pr into or of standard manufacture, such as playground' equipment,
p o an artwork:,by a project' artist; reproductions,'by mechanical or
other means, Or original works of art, except in the casesof film, video, photography; printmaking or other media arts;
decorative, ornamental, rarchitectural or functional elements which are designed by the building architect; as opposed to
elements created by an artist - commissioned for that purpose; landscape °aediitecture.and`landscaPe gardening except
where these elements are designed ,bya. professional `vis_'ual artist,andlor:are an integral part of the artwork1by the artist;
services or utilities•necessary to operate and maintain an artwork overtime,
32pw
KIN C ®lJIlI'i'1( PUBBL10,AR
r=
.et � .�.P a�• z .- t .�}t a , ,� _ � Y '
4� f i t p�rr +d 7 :. 0 ! t� ra
� �yr � �
PE_RCENT;„�rNO�OFPROJEC.T,S`' &COST:;
ORGANIZATION� t,� -� �.�r z
}
�ESTABL15H
The Arts and Science Contact: 1981 1 Since 1993, 9 projects,
Council Public Art Tel`. 704.372.9667 5 of which are completed
Art Program Fax: 704.372.8210
227 W. Trade Street, Email contact:
Suite 250 Jean Greer
Charlotte, NC 28202 jean .greer<�z)artsandsci(:nce.org
wmmartsaridscience.org
Policy: - Partnerships shall be sought with private developers or privately owned facilities to generate possibilities for pub-
lic art in their public spaces. Partnerships-could involve: combining funds from the developer and /or privately
owned facility with available Public Art, Program funds, or partnerships could'involve sole funding from the private devel-
oper and /or privately owned facility in combination with management, administrative and /or other services provided by
the Public Art Program.
Partnerships shall be sought with the corporate sector to enrich existing public art endeavors and to further Public Art
Program goals.
r
Exelusions/1116fes: Sample private partner'contract available.
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f L�y j ` ME l 'T ,
?':a. e3 ?ti:;?., I. - ,',�' - f �;ar "� T ^: -s 41'., .! �.!° _a rd .+y x 4� "i ?j s,,,f '�X =a �ti °.i,.. g mi l. Sf�C;ie�.. a� s.�,•- +'.'..;2 ,.
ORGANIZATION JE „ ;,. g , .: YEAR S .P.,ERCE,NT :,NO O6p & COSj =
r ;
r �'` f un "� y , F .. 3 . i , T y °,".h ; v -+a t $6 '.
n € re �w. r s v . � i y , ESTABLISFIEO FOR ARTr ,u� �` �� .:
,_.k ._ -�"., i Y 3"? r.n'+� , ..x - "'. � <•.,sm.„,.�c4 § ¢ 7 a x� � t'
AAA
City of Chico Arts Contact: 1990 1%
Commission `Tel: 530:879.3998
Art in Public,Places�Progcam Fax:
411. Main. Street Email ¢m amt:
PO Box 3420 mgardner@ci.chico.ca.us
Chico,,CA 95927
Policy' T of the estimated Net-tax Increment.(TotalTax Increment less mandated
°. transfers: and, administrative
costs) g,enerated in the Chico Merged Redevelopment Project Area and Greater Chico'Urban,Area _Redevelopment
Project Area is allocated to provide a source of funding assistance for public art projects within theAreas.
Private developers are encouraged'to consider a voluntary expenditure of 1 % of the building project valuation on
works of art..or art treatments as part of the project. In•tle alternative; developers may choose to contribute
funds to City_ Art in Public''Places Fund to be utilized for public art projects atsites within the City;, as determined
b the Cormission after consultation g p
y tion vvith contributing developers, in lieu of funding art withiri th "eii own proj-
ects.
Works of art will be installed prior to issuance of a certificate of occupancy or other time frame=specif.ied in the
approved arts plan. r
Exclusions /Notes:
i
Z `!
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1N
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' � Y��Y99� ;�1� ��Yy�L�O/�`��i�
t f i r• P 3 q �' T �
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c*.
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w
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"EV
III Er'T
_10
a
ytis S7En a.gy,�!kf:.0 �'1�'' h• ,:: v� +�' i � a2".x'��� 4`' _ ;� y ., -.; � ..'�` t :;:i:�l r� - �: {'�� 5r.. avD Fa . da�j �u, ; *" O "O is5:rz`' t
ORGANIZATION n h F � � y.Y,EAR �. "i „.; F�PROJ E
CTS & COST r �
y r PERCENTS jj� N H r
ifHS"la y ."'z• �, n,x ,� y i"w �;x "w� ",.wi'.'� „” -*m `S a` ' $ b'F ' a h 7 L v 'Ld ?�.
K.,.aR ESTABLISHED ttO RART > ..�s�
The City °off FMM ont Contact: 1987 1
Art in Public Places Program Tel 510.494.4228
Leisure Services Department Fax:
3350 Capitol Avenue Email contact:
Fremont,, CA 9.4537 Irene Jordahl
ijordz3,hfCwci:fr��rinorit.c:�. r�s
www.ci.fremont.ca. Lis
Policy: 1% is applicable to the construction of every public building and park constructed by the City of Fremont and
other projects designated by the City Council. It shall also be applicable to privateiy financed and owned buildings at the
option of the owner.
Developers interested in involving art in public places will be given the policy.guidelines for reference by the City when
applying for development proposal Private developers may choose to make a cash contribution toward civic - minded
City - planned art in public places projects.
ExclusionsAVotes: Exemptions from the program:
1) Projects 'with''costs -under $500,000, based on the probable construction cost.
2) Publicly assisted rehabilitation of private property.
3) Low or moderate income housing projects when it is not economically feasible to provide the artwork.
28
i
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R ;. , IiVA TE " '
'D - VL O'.P, a
- r
' R r S 3.i »F 4, } �
ORGANIZATION + ^� G s }4$' YEAR "'� -� CT rNOOF�PROJECTS' &COST"„
men - -'—' ,"" " a s2
..vS PER EN
0 1 'v7 ' rt
x��
t. n ESTABLISHED FOR ART .
::!� .����'^"..�
The Lincoln Arts `i ouncil Contact: 1998' None 7 privately funded'
Public:Art Committee Tel: 402.434.2787 projects in progress
Old City Hall Fax: ;(includes both;temporary
920 'O' Street Email Contact: and permanently- sited)
Lincoln, NE. 68508 info@Wartscene.org on public property.
www.artscene.org
Policy: The Lincoln Arts,Council and the City of`Lincoln have a partnership to promote opportunities for art in public
places,
The Lincoln Arts Council PublicArt Action Committee acts as catalyst for the purchasing and commissioning of Public art
by placing artwork on public property, regardless of funding source; by placing,artwork on private.property`to be' publicly
owned and financed through'public and /or private funding. An easementw.ill negotiated with the property owner guar -
anteeing public access;to the art. Artwork placed on private property and financed by the "property owner becomes proper-
ty and responsibility of private owner.
Exclusions/Notes: Projects have involved the University of Nebraska and its State Museum,'National Bank of
Commerce, Lincoln's Woman's Club and the Lincoln Bar Association.
'aC�619�'s C09:D6�Y �ID�I�IC ART PROGRAW�-�
_ „,• ,. �.,.ow ��p ,n 4w. .. .. G'-x r s ,. _,...... t.. ,,z "S.._e� r, '” •"� t' ���NS
fi - . ',la' � '�� a �'V Y - .,C` , u' .� .�•
Ks�-nb N Sti J '
rN g I
_ Fn
,�vr { 777
fi,QRGANIZATION °,':- a d J �� ,� YEAR a iPERCENT NO OF
PROJECTS`& COST��TMS'
s� �n�� �4 a z� ESTABLISWEDFORaARTt F
Z . N"
:n t� ; =�s- • �", -
.City of Loveland Contact: 1985 1 % Over 176 artworks in the
Art in Public Places Program Tel: 907962.2410 collection, 104 of these
Loveland Museum /Gallery Fax: 907.962:2833 were donated. Collection
503 N. Lincoln Avenue Email contact: value of $2.5. million.
Loveland, CO 80537 Susan,lson
IsonS @ci.loveland.caus
wvvvv,ci.loveland.co.us
Policy: City Ordinance #3214 & 3227
1% of the construction cost of each City,project, with costs of $50,000 or more, is placed in a reserve account for the Art in
Public Places Program. A volunteer'citizen commission (Visual'Arts Commission) consisting of seven members, appointed
by the City Council, administers the Art in Public Places Program and oversees the city's art donations and placement.
Selection and placement of a work'of art may be through ;a donation, direct selection or competition and shall receive prior
review and approval of the Commission.
Developers voluntarily participate in the Art in Public Places program. City receives requests from developers and partners
with them to select and install works of art.
ExclusionidNotes: Art in Public Places means, any, visual work of art displayed for two weeks or more in an open
City -owned area, on the exterior of any City -owned facility, inside any City -owned facility in areas designated as public
areas, or on non -City property if the work of art is installed or financed, either wholly or in part, with City funds or grants
procured by the City.
City receives enormous donations and features a summertime outdoor sculpture exhibition.
ity established an Art Public Places Reserve Account, which is used only for acquisition and maintenance of artwork.
pprokimately $10- 12,000 a year is spent on maintenance.
i30'
71724.010 Statement of intent and purpose.
Title 17 LAND USE AND D EVELOPMENT
Chapter 17. 24 ART 'IN PUB'L_I_C_.P
17.24.010 Statement of intent and purpose.
Page 1 of 1
In its awareness of the aesthetic enhancement and `enrichment of community by the inclusion of fine
art throughout the city, the city council adopts this chapter"The goal °of Calabasas' art in public places
program is to provide a collection.of nationally°recbgnized, permanent artwork. The, program is designed
to present the community with a wide range of artwork styles, themes and "media, all of the highest
quality. All pieces must be of monumental: scale in proportion -to the size of the buildings. Balance and
variety are qualities to strive for as thejprogram grows. This program will provide .a collection of public
artworks throughout the city to be- enjoyed,by all. Therefore, an art in public places fee is established on
all applicable building projects within the city. '(Ord. 2000 -153 § 1, 2000)
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17.24.020 Program requirements.
Title 17 LAND USE AND DEVELOPMENT
Chap Ler 17.24 ART IN PUBLIC PLACES*
17.24.020 Program requirements.
A. Any person constructing or reconstructing a comm . ercibi the city;shall,be assessed a
feeJoradquisi iion I ofjairtWork based on the total, building valuation. Where the installatio of aet'i&
impractical or inaccessible the developer Will contribute the ass'ess0df6es to the ei'rt'.in,o
fund. Art purchased - from the fund wilLbe in 816 1 led' with i n-'theciiy at-. I the discretion of the bit , y council.
based on the reco�nmeriddtionof the art in pbblic,,places, advisory . 'committee.
B. The fee-shall be of the buildin g valUbtion computed using the latest building valuation
data as sef%forthi by the In terna t ional , Corifer6rice of Buildin g Official s([C BO). The maximum fee per
project will be set,at,one . hundred fifty'thousand dolleirs,(si&,6 ( Ord. 2000 § 2 2000)
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1724.030 Definitions.
.Title 17 USE AND D
Chapter 17.2 ART 1N PUBLIC
17:24.030 Definitions.
The following definitions are applicable to the provisions of this chapter
Page 1 of 1
"Commercial building" means any_bui_Iding or:structure, all or part of which contain&,ai commercial or light
industrial use. However, commercial structures shall not include any building constructed or
reconstructed for the elderly or handicapped.
"Construction costs" means the.total value of construction or reconstruction work on a commercial
building as determined by the build ing,official in issuing a building permit for construction or
reconstruction.
"Reconstruction" means all alterations or repairs made to a commercial building within any twelve (12)
month period which alterations or repairs exceed fifty (50) percent of the value of an existing commercial
or light industrial structure. Reconstruction necessitated by earthquake damage, other natural disasters,
or acts of God shall be exempt from this chapter. (Ord. 2000 -153 § 3, 2000)
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17.24.040 Art project approval. Page I of I
Title, 17 LAND USE AND DEVELOPMENT
Chapter 17.24 ART IN PUBLIC PLACES*
17.'24.040 Art- project approval...
Prior to issuance,.of any' certificate ofoccupancy.for a commercial structurp,
the artist,and ,art project
in , committee and the artwork installed after e a
p bhc� a ry ) rt
shall be approved. by the art in u i places viso
d
public places adv'isdry committee 'recommendation is approved ,by the city council" orthd appropriate
fees, shall be collected by the city, building and safety'division.. klist'of professional artists w ' ill be
,provided to the dev6lbpert-o assist in the decision' making process, and to 'insure the 'profession�a
of the artwork., The art must be displ'ayed.at the building,, in p1qce,; visible to the public. Thi's
location Will be reviewed by the art in public places advisory committee and approved by city-council
before the art is permanently placed. (Qrd. 2000-1 r§, 4_2000)
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17.24.050 Separate `fund to be established and use of fees collected.
Title, 17 LAND USE AND DEVELOP
Cha V T 4_ART IN PUBLIC _PLACES"'
17.24:050 Separate fund to be established and use of fees collected.
All fees collected under this .chapter shall be held in a separate fund ofithe city. The city manager shall
be responsible for maintaining the records relating to the art in public places fund, and these records .
shall be reviewed and approved by the city- council annuall y.
u
purchased with such funds:�sh property
All fine art p all! bo the of the city,. Monies appropriated under this
chapt may be used for hiring artists to deyelop design concepts and.for.the°selection, acquisition,
purchase and commissioning of public.artworks. Mon ies'appropriated under'this chapter may be used
for operating costs of the art in public places program, including the cost of'public dedications when the
artwork is completed. Funds not expended in any given year shall be carried over into the next year and
shall be used solely for the art in public places program.
Fees collected under this chapter shall not be used for the following:
A. Directional elements such as super graphics, signage „or color cod ing- exceptwhere these elements
are integral parts of the original work of art or executed by artists in unique`or limited editions;
B. Art objects which are mass produced of standard design such as playground equipment or fountains;
C. Decorative or functional elements architectural details, which are.designed solely by the building
architect as opposed to an artist,commissioned for °this purpose working individually or in collaboration
with the building architect;
D. Landscape architecture and landscape gardening except where, th, ese elements are designed by the
rtist and are an integral part of the work of art by`the artist. (Ord. 2000 =153 § 5, 2000)
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17.24.060 Definition of public artworks.
Title 17 LAND USE AND DEVELOPMENT
Chap ter 17.24 ART IN PUBLIC PLACES*
17.24.060 136fiAtidn of public artworks.
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The. works -of, art-are to be enduring original artworks. T-,hPy-,s_hQdId, be of"the
highest,q and
craftsmanship. They, should; engage one's mind-'and senses while enhancing ncing a . nd enriching the , q
pplity of
'life of the city.. The `artworks will be generally permanently.sifed. 1. and an integral .part of the landscaping. and/or architecture of the building. The artwork shall be constructed' i'n scale that is proportional to the
scale of the development. (Ord.,2000'-153 § 6, 2000)
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T7.2 .070 Selection of artworks and creation of advisory committee.
Title 1 LAND USE AND DEV EL OPM ENT
'Cha 1 7.24 ART IN P UBLI C _PLACES*
17.24:070 Selection of artworks and creation of advisory committee.
An art in public places advisory committee shall be approved, by the city council. The committee shall be
,comprised of a parks and recreation commissioner, appointed by the chair, a planning commissioner
appointed by the chair and one at -large member appointed by the city council and the committee shall
be:advisory to the city council. All rriember,'sshall be residents of the city.. This committee shall provide
general oversight of the art in public places program its projects, the sites, scope of project, artworks,
and artists to be selected. The committee shall review and the city council shall approve the developers'
choice of artist and proposed art piece prior to any approval of occupancy by the building and safety
division.
The composition and ultimate responsibilities of the art in public places ,advisory committee shall be
established by the city council in a separate resolution. A comprehensive policy manual will be
developed to outline the program and to assist developers in complying with this chapter. (Ord.
2000 -153 § 7, 2000)
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Docum�nt.
Sections:
19.38.010
19.38.020
19.38.030
19.38.040
Chapter 19.38
URBAN ART PROGRAM
Purpose.
.Applicability.
Art Plan and Installation Requirements.
In -lieu Fee Alternative.
19.38.050 Exemptions.
19.38.060 Procedures, Guidelines, and Requirements.
19.38.070 Appeals.
19.38.080 Maintenance Requirements for Art Installations.
19.38.010 Purpose.
Page 1 of 3
This chapter establishes procedures and minimum standards for provision of.art as part of new
development projects. The Council finds that the environment; image, and character of the city would
be improved by art and that the: impacts associated with new development projects'would be mitigated,
in part, by provision of urban art in compliance with this chapter.
(Ord. 01 -594 § 2 (Exh. A (part)), 2001)
0 19.38.020 Applicability.
A. The provisions of this section apply to new development with a value of two hundred
thousand dollars ($200,000.00) or.more;'and the alteration or repair of a structure, that increases total
gross floor area or otherwise intensifies the use,,if the alteration, intensification, or repair has a value of
two hundred thousand dollars ($200,000:00) or more; where the value is as determined by the Building
Official.
B. Before issuance of a building permit, the applicant shall either comply with Section
19.38.030 (Approval of Urban Art Plan), or pay an in -lieu fee in compliance with Section 19.38.040
(In -Lieu Fee Alternative).
(Ord. 0.1 -594 §.2 (Exh. A (part)), 200 1)
19.38:030 Art 'flan and. Installation Requirements.
Each project thats. subject "to the provisions of this chapter shall comply with the following
requirements.
A. Approval of''Uban Art Plan and Value ofArt. The applicant shall file with and receive
approval from the Fine Arts Commission for an Urban Art Plan for the project site and structures. The
plan shall provide for the installation of public art with a value of at least one percent of the valuation
of the project as determined by the Building Official.
49 B. Installation ofArt. The urban art approved with the Urban Art Plan shall be installed in
compliance with the Urban Art Plan before issuance of a Certificate of Occupancy or Final Inspection.
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C. Large - Screen Video Signs. Art shall be provided in conjunction with a permit for a large-
screen video sign in compliance with Section 1 9 3 4 :080 (H).
(Ord. 01 - 594 § 2 (Exh. A (part)), 2001)
19.38.040 In -Lieu Fee-Alternative,
As an alternative to the art plan and installation requirements of Section. 19. 38.030 the applicant
may choose fo;make a contribution to the West. : Hollywood Public Art and Beautification Furid,in.an
amount equivalent toi.one percent of the value of the project as determined by the Building;Official. If
the valuation of the project changes. during,construction, the. fee shall be adjusted, accordingly. The
balance of the fee if any, shall be paid before issuance of'a-Certificate of Final Occupancy or Final
Inspection.
(Ord. 01 -594 §'2 (Exh. A (part)), 2001)
19.38:050 Exemptions.
The following development activities shall be exempt from the requirements of this chapter:
A. Financed n4ih,Pub1lc'Funds:, Alteration, construction, or repair of'structures to perform
rehabilitation of private property if that rehabilitation is prirriarily financed. with public : funds
B. Residential Structures. Alteration; construction, or, repair of residential structures of one
or two units, or residential developments with more than 25 percent of the units ; available to low= or
moderate- income households as determined' by eligibility requirements and a rental or'sales price,
schedule established annually by the Council;
C. Financed ►with Development Exactions: Alteration, construction, or repair. financed by
funds collected in compliance with the development exactions;
D Capital Improvement Projects. Capital improvement projects performed by the city';
E. Cultural Resources. Cultural ;resource's that., are residential buildings; and
F. Nonprofit Service Providers.-Projects that are intended primarily to.'provide, facilities for
nonprofit. public service providers..
(Ord. 0:1 -594 § 2 (Exh: A (part)) 2001)
19.38.060 Procedures, Guidelines, and,Requirements.
The Council shall establish by resolution, the procedure for city review of a�final arts plan. The
Council shall also establish, by resolution, the requirements and.;guidelines, for, art required by Sections
19.38.020 (Applicability) :and 19.38.030 (Art Plan and Installation. Requirements), :above, and alternative
voluntary contributions to the West Hollywood Public Art and Beautification Fund..
(Ord. 01 =594 § 2 (Exh. A (part)) 2001)
19:38.070 Appeals.
An action of.'the'Fine Arts Commission may be appealed to the Council and
comply with, the provisions ,governing an appeal. of a decision of the Commission, in compliance with
Chapter 19.76 (Appeals). The fee for an appeal shall be as established by the city's .Fee Resolution.
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(Ord': 0 -594 2 (Exh. A (part)), 2001)
19.38.080 Maintenance Requirements for Art Installations.
A. Maintenance oflnstallation.
1. Approved, installed urban art works shall be maintained b the owner of the site for
the life of the project.
2. If approved art includes performance art or art progranunuig, the programming shall
be provided as required.
B. Non - Maintenance' oflnstallation. If the art required by thi's section is altered, removed,
is not maintained in good condition, or is "not provided as required, the city may initiate administrative
remedies in compliance with Section 1.08.010
C. Penalty for Non- Maintenance. If administrative remedies do not result in proper
maintenance, the city may impose a fine equal to the original arts requirement.
(Ord. 01 -594 § 2 (Exh. A (part)), 2001)
•
http : / /nt2.scbbs.com/cgi- bin/om isapi.dll ?clientlp = 485890& hitsperheadin 'g =on &infobase= procod(... 1/30/2004
CITY COUNCIL MEETING
Monday February 23, 2004
•
PERCENTAGE FOR PUBLIC ART PROPOSAL
• Materials included in Racket
a Letter from Petaluma Arts Council
a Why Public Art?
a Descriptions of four private development ordinances (City of
Walnut Creek, Emeryville, Brea and Freemont)
a City of Walnut Creek documents (percent for public art ordinances
and public art master plan)
K"
.. •
•
Post Office Box 750661
Petaluma, CA 94975
Tel: 707.766.5200
www.petalumaartscouncil.org
February 16, 2004
Mayor David Glass
Vice Mayor Mike O'Brien
Council Members:
Pamela Torliatt
Mike Healy
Mike Harris
Bryant Moyhnihan
11 English St.
Petaluma, CA 94952
Dear Mayor and Councilmembers,
It is a time of great opportunity as Petaluma is redefining and redeveloping its central core. It is crucial that
the cultural arts be included in the planning process of every proposal. Dozens of cities in California have
• implemented a percentage of impact use fees to be devoted to public art and consider this a necessary
ingredient in all development and redevelopment approvals.
Arts are an economic engine and return a great yield on the investment. In a recent study by Americans for
the Arts, the arts industry generates 24.4 billion dollars in federal, state and local revenues annually. By
comparison, federal state and local governments spend 3 billion on support for the arts each year yielding a
return of more than eight to one on investments.
The arts also bring in a different kind of tourist. The cultural tourist. is more likely to seek out public art, a
museum or a music festival than a shopping district or a theme park. Cultural tourism is widely recognized
as an effective economic tool - economic studies show that that cultural tourists stay in town longer and
spend up to four times as much as day visitors statewide.
A lot of attention has been paid to "retail. leakage" and Petaluma getting its fair share of sales tax dollars.
Many cities .up and down the.North Bay corridor spend public dollars for sustained arts programming .
Santa Rosa Sonoma, Sebastopol, San Rafael, and Healdsburg are reaping the economic benefits of
increased revenue due to cultural arts tourism, as Petaluma has lagged behind.
Over 400 cities nationally, including Santa Rosa, have adopted Percent for Art programs to fund public art
as a proven strategy to support local economic growth. Petaluma is at a unique moment, and has a
remarkable opportunity. We are about to develop and redevelop a major portion of our downtown corridor.
Streetscape, Water Street, Basin Street, the railroad depot area.and the river front will change the shape of
our urban landscape. By seizing the moment and instituting a percentage of our development and
redevelopment fees we can an enliven our new public spaces and refine our growing identity.
is
• The Petaluma Arts Council requests that the City Council implement a provision so that a percentage of
development impact fees be dedicated to cultural arts projects.
The City Council should recognize the financial and social contributions of public art to the community
and take a leadership role to define Petaluma as a cultural center of Sonoma County.
Attached is a packet of information which includes sample ordinances, policies and a public art master
plan for Percent for Arts programs from similar sized cities in California. The Petaluma Arts Council is
pleased to work with the city of Petaluma and provide additional information and resource materials from
other cities to use as models.
Your interest and consideration is most greatly appreciated on this important issue.
Sincerely,
Alison Marks
Karen Petersen
Gail Wilson
Marilee Ford
Scott Hess
Marjorie Helm
Nora Langon
Karen Ford
Board of Directors
• Petaluma Arts Council
•
_
i
4,
• The Petaluma Arts Council requests that the City Council implement a provision so that a percentage of
development impact fees be dedicated to cultural arts projects.
The City Council should recognize the financial and social contributions of public art to the community
and take a leadership role to define Petaluma as a cultural center of Sonoma County.
Attached is a packet of information which includes sample ordinances, policies and a public art master
plan for Percent for Arts programs from similar sized cities in California. The Petaluma Arts Council is
pleased to work with the city of Petaluma and provide additional information and resource materials from
other cities to use as models.
Your interest and consideration is most greatly appreciated on this important issue.
Sincerely,
Alison Marks
Karen Petersen
Gail Wilson
Marilee Ford
Scott Hess
Marjorie Helm
Nora Langon
Karen Ford
Board of Directors
• Petaluma Arts Council
•
• Why Public tart?
Vision
The arts have the power to transform Petaluma. Public art enhances the quality of life for
citizens by encouraging a heightened sense of place and enlivening the quality of the
urban environment. We envision a city with successful and engaging public spaces,
where residents and visitors alike will encounter works of art that will surprise and
delight them. We envision a city with artwork that celebrates the diversity and history of
our community while pointing to the city's aspiration for the future. We envision a City
where a record of our local and regional artists is permanently marked in the landscape.
We envision a city where public art defines our community identity and promotes the
publics' enjoyment of the city by engaging artists and audiences and celebrating the idea
that a vibrant culture makes a vibrant city.- (excepted from the city of San Diego's.
public art program which has committed a percentage of its development fees for its
public art program.)
Economic Impacts
Arts are an economic engine and return a great yield on the investment. In a recent study
by Americans for the Arts, the arts industry generates 24.4 billion dollars in federal, state
and local revenues annually. By comparison, federal state and local governments spend
• three billion on support for the arts each year (and this was before all the recent cuts). A
return of more than eight to one.
The arts also bring in a different kind of tourist. The cultural tourist is more likely to seek
out public art, a museum or a music festival than a shopping district or a theme park.
While tourism is widely recognized an effective economic tool, economic studies show
that cultural tourists stay in town longer and spend up to four times as much as day
visitors statewide.
A lot of attention has been paid to "retail leakage" and Petaluma getting its fair share of
sales tax dollars. Many cities up and down the north bay corridor have spent public
dollars for sustained arts programining. Santa Rosa, Sonoma., Sebastopol, San Rafael, and
Healdsburg are reaping the economic benefits of increased revenue due to cultural arts
tourism, as Petaluma: has lagged behind.
Over 400 cities nationally, including our neighbor Santa Rosa, have adopted Percent for
Art programs with much economic success. Petaluma is at a unique moment, and has a
remarkable opportunity. We are about to develop and redevelop a major potion of our
downtown corridor. Streetscape, Water Street, Basin Street, the railroad depot area and
the river front will change the shape of our urban landscape. By seizing the moment and
instituting a percentage of our development and redevelopment fees we can an enliven
40 our new public spaces and refine and define our growing identity.
KING C ® Pt:1�9. IC AEtT' PROQ9Rl►6�i
iA �
dE [ -i , t q x:4s ✓' w ti's t' -
pp .I �, , s -
8k ff
`n�6' p" "I' I"k�
t
AT E J ®ma
A :� err y „� s.lr e� ” �: F �,x o-�� s,p� +3�� e�'�.c`r^"� -
ORGANIZATION�� ='� YEARS p� �,P.ERGENT It10`OF';PROJECTS & CO 5T
4ESTliBLISHED r� FOR ART;,
V:,
City of Walnut Creep Contact: 1983 1%
Public Art Program Tel: 925.295.1447 Amended in
1601 Civic Drive Fax: 1987 & 2000
Walnut Creek, CA 94596 Email contact:
Regina Almaguer
Pub IicArt a ci.waInut- creek.ca.us
Policy: Ordinance No. 1972 and 1973, Resolution 4771
For private developments that are 25,000 sf or greater, not less than 1% of construction cost (building permit value) shall
allocated for public art. For private projects that are between 15,000 and 24,999 sf, not less than .5% [fi of 1 %] shall be
ocated for such projects in the Pedestrian Retail District or the Core Area Development Zone. This requirement shall also
apply for alteration of more than 50% of the G.S.F. of an existing structure or area.
For private projects where public art would normally be expected, but where either the Design Review Commission finds
that location, siting or scale make the provision of public art inappropriate or impossible; or agrees to the applicant's pref-
erence to not integrate a public art element into the project, the equivalent public art funds should be placed in an in -lieu
fund. This fund, upon recommendation of the Arts Commission, will enable enhancements to be sited elsewhere within
the same Public Art Project Zone.
Exclusions /Notes:
2�3
K1NG k CGU NTv PUBLIC G�GRAIV
L-11111 RM Tr,
U""! b J1
V A
GAATIOfVf vFll APno �Inr# ate„ R t E� x 'f is z z
4 � YEAR PERCENT
OR NO Of FRQJECT CAST,
,..4 a : ESTA'BLI5MED 5 ,F ARTS -� ` ��
" a=.' ° ^�v _ ��,.��?�
Emeryville Contact: 1990 1% 13 completed projects.
Redevelopment Agency Tel: 510.596.4354
Public Art Committee Fax: 510.596.4389 1992 amended
1333 Park Avenue Email contact: Amy Hiestand
Emeryville, CA 94608 ahiestand , ci.emeryville.ca.us 1998
adopted new
policy.
Policy: City Ordinance #90 -20
Private building developments with building development costs in excess of $300,000 and subject to design review
roval by the Emeryville Planning Commission shall devote an amount not less than 1% of such costs for acquisition
installation of publicly- accessible art on the development site. In lieu of on -site public artworks, a developer may make
an equivalent contribution to the Emeryville Public Art Fund.
Requires that all private, non - residential developments that exceed $2 million in building development costs be required to
contribute at least 40% of the 1% requirement to the Emeryville Public Art Fund with the remaining 60% allowed for on -site
public art.
If the developer does not choose to implement an on -site Art Plan, the full obligation (100% of the 1 %) shall be allocated to
the Emeryville Public Art Fund. Deposit to be made at time of filing the Building Permit Application.
Exclusions/Notes: 10% of any developer's monetary contribution to the Emeryville Public Art Fund will be set aside
in a Maintenance Reserve account for the purpose of ongoing maintenance and upkeep of public art.
Emeryville is a very small city, approximately 1 square mile.
ED 6
City of Brea
Art in Public Places Program
Community Services
Department
One Civic Center Circle
Brea, CA 92821 -5732
Contact: Emily Keller,
Manager
Tel: 714.990.7713
Fax:
Emaif contact:
Emilyk@ci.brea.ca.us
1975 1% 129 artworks,
Revised 1994, ranging from $8,000 to
2001 1 1 $1,000,000.
(policy: City Ordinance No. 1050
quires developers of commercial projects, industrial projects and new residential projects of five dwelling units
more, with a total building valuation of $1,500,000 or more, to select, purchase and install permanent outdoor
sculpture at the development site, accessible and visible to the general public from public streets. The required
minimum art allocation shall be 1% of the total building construction valuation (excluding tenant improvements),
which is determined using the ICBO tables in effect at the time building permits are issued. All attached and
detached additions to an existing commercial or industrial building, with a valuation (for the addition) of $1,500,000
or more shall also comply with the program. For any custom home development, the art requirement will be based
on an estimate of the homes' market value, based on lot size and existing market.
Exclusions/Notes: Program excludes churches, schools and individual homes.
, - n ZA
'L#
4, �CIn1rC
J. s
c ®"dk....' 6 I� I REI wi ...' N�ar��
" "r sYI ak `ray* i�,t p tN;RI +Ai + % 9 i., " —, 'WI R •K r ,fi � v, wry' '",�" "' `� e
,4kI VR�ED E� L�O P E N, T sI
_4 d`'�' r ,'a, s iN .. i._a?m a� .M 04
q
roe' s d '
ORGANIZATIONS a y 5 u YEAR n PERCENT N0 OF PROJECTS:& COST
ESTABLISHED" FORtiARTI' .
#?n d �. ;5 =.'�'.' ;�' a dl' w + a. tvY • ",."� ,",`". x �� Y 6 .,w.. a '*'
City of Escondido Contact: Susan Pollack 1986 Fee based. 9 projects ranging from
Public Arts Commission Tel: 760.839.4331 $11,000 to $38,000.
201 N. Broadway Fax: 760.739.7015
Escondido, CA 92025 Email contact:
spollack @ci.escondido.ca.us
www.ci.escondido "ca.us
Policy: At the time of the application for a Building permit, the project developer decides either to pay the public art fee
as identified in Section 1074.40 of the Escondido Zoning Code, or in lieu of a fee, work with the Public Art Commission to
urchase an approved art piece for their development.
Public Art Fee is assessed at $0.15 per square foot for all square footage of new structures requiring a building permit.
Developers create an art plan, approved by the Commission. Commission recommends that large developments create a
Public Art Master Plan and pool resources necessary to install public art compatible with the overall scale of the entire
project.
The installation of the artwork is required before a Certificate of Occupancy is granted.
Commission requires maintenance guaranteed for the life of the art project. If the project has not been maintained proper-
ly, the commission requires that the current property owner either repair or maintain the art; or, pay the art fee required by
Section 1074.4 based on the current fee schedule and square footage for which the art was required.
Exclusions/Notes: No fees are required for 1) an individual tenant improvement(s) in a commercial or industrial building
and 2)The first 1800 sf of any structure. This exception shall not apply on an individual basis to commercial structures,
which are part of a larger, integrated commercial center. 3) Residential patio covers, gazebos, etc.
The following non- artistic items do not meet the intent of this program: Reproductions, by mechanical or other means, of
original works of art; decorative, ornamental, or functional elements which are designed by the architect or consultants
engaged by the architect as opposed to an artist commissioned for this purpose; those elements generally considered to
be components of a landscape architectural design except when elements are designed by the selected project artist and
are an integral part of the project artwork; "art objects" which are mass - produced of standard design; directional or other
functional elements such as supergraphics, signs, color coding, maps, etc.; modification in or improvements to building
surfaces or structural elements of the building. Escondido discourages the use of public art, which incorporates the specif-
ic likeness of an individual.
ORDINANCE NO. 1972
AN ORDINANCE ADDING CHAPTER 10 TO TITLE 10 OF THE
WALNUT CREEK MUNICIPAL CODE RELATING TO PUBLIC
ART
The City Council of the City Walnut Creek does ordain as follows:
SECTION 1 . Chapter 10 is =hereby added to Title 10 of the Walnut Creek Municipal Code to
read as follows:
CHAPTER 10. PUBLIC ART
Sec 10- 10.100. Purpose and Goals.
The purpose of this ordinance is to implement Policy 5 on page 5 -2 of the Walnut Creek
General Plan. It is premised on'the Public Art Master Plan developed for the City Walnut
Creek in 2000.
Public art helps,make our city more livable and more visually stimulating. The experience
of public art makes the public areas of buildings and their grounds more welcoming,. and it creates
a deeper interaction with the places we visit, and-in which wevork and live.
To achieve .these goals, , the Council believes that public art planning should be :integrated
into project planning at" the earliest possible stage, and the selected artist become a member of the
project's design team early, in the, design process.
Sec. 10- 10.101. Definitions
As used in this chapter:
(a) "Construction cost" shall be determined by the Chief Building Official in accordance
with the most current building valuation data provided by the International Conference of
Building Officials for use as provided in section 223 of the,Californa Building Code.
(b) "Construction or "alt'eration" means new construction.or the rehabilitation, renovation,
remodeling or improvement of more than 50% of the gross square ;footage of an existing building.
(c) "Public art project" means the cost for the development, acquisition, and installation of
the public art required by this chapter. It shall include the administrative costs a developer is
charged for the administration.of this chapter.
•
i�
r
,
Sec..10- 10.102:. Public Art; Requirement.
'
(a ) In the case of construction or alteration of a nonresidential .bu�ldm .. g or the addition of
•, , .
fl to an existing building or more, public anti. hall be installed and
, of 25;000 square feet
Pained as part o the project. The public art cost an amount not less than one
percent of the construction cost of the completed development project.
(b) In the case of construction or alteration of a nonresidential building, or the addition of
floor area to an existing., building in the Pedestrian Retail Zone , or' Core Area Land Use Area, of at
least 15,000 square feet, but less than 25,000 square feet; public art shall be installed and
maintained as part of the project. The public art project shall cost. an amount not less than one-
half of one percent of the construction cost .of the completed development project.
(c) The public art may be located (1) in areas on the site of the building or addition clearly
visible from the public street ,or sidewalk, or (2) on the site of the approved open space feature of
the. project, or (3) upon: the approval of any relevant public agency on-iadjacent public property,
,or (4) in a publicly accessible 'lobby urea of'an office building or hotel.
(d) The u anc ; works art `shall be p ' uance of the first certificate of
rovided however, that; if :the Cultural Sery cess Director concludes that it is not
feasi P Y P � ' � �. lle ,to install the works , �` � of art within the time and adequate assurance :(which the Director
may 'reQuire to be in the'formnof a,letter of credit or bond) is provided that the works will be
installed in a timely manner, the Cultural Services, Director may extend the time for installation
;for ,a period of not more than,12 months. _Public Art may include, sculpture; murals, photography
and original works.of graphic art, waterworks, fiberworks, neon, glass, mosaics, or any
combination of forms of media, furnishing or- fixtures; permanently affixed to the building or its
grounds, , or a combination. thereof, °and may include architectural features of the building. The
creator of public art shall be a practitioner in the visual, arts who is not a member of the project
architect.or landscape- architect firm Public art shall be ° displayed in, a' manner that will enhance
itsenjoyment by the general public.,
(e) The artwork 40 be recommended ry Advisory Council and
The selection criteria may mplud
Eby the Bedford Galle
context artist ce uah med a, ermanerice and ublic safety. The Design not limited mi
PP Y
q y , p _ ° _ p Review Commission
shall approve the scale and location. of the artwork.
Sec: 10- 10.103. In Lieu.Fee.
(a)'In lieu of meeting all or a portion of'the requirement;imposed by Section 10-
1.0.102(a); a developer, with the approvat;of the Design. Review Commission,, may elect to pay to
the City a fee'equal to one percent of the cor struction.cost,, or the difference between the cost of
p ublic art' � installed and one percent- of the construction cost.
(b) In ; lieu of meetmg: all or a portion of requirement imposed by'Section 10-
0.102(b),, a developer, may,. with the approval of the Design Review Commission, elect to pay to
the City a�'fee equal to'one Halfofone percent of the construction cost, or°the difference between
installed,'and one -half of one percent of
the cost of public' art the construction cost.
• (c)'The Design:Reyiew Commission may allow payment of a,nin lieu fee where it finds
that the location, sitirig°or scale makes the provision of public art inappropriate or impossible, or
where for other reasons it'. agrees with the, developer's preference not to integrate a public art
element 'into the project.
IZ
(d) ln- lie , placed in a_: public art fund. The fund shall be for city-owned
city-sponsoredekhibitions. The fund shall be used exclusively to (I) provide sites for
the fund. ad works , of 'art, or (4) support the
works of art, (2)�acquire andinstalliwor art, (3) mairitain
exhibition of art which is p
x41, ?tccessible. In lieufees §hall be 1'expend6d in the Public Art
Z, -were c rrimi§sion,shall ininister,
one from which they co cc Th e Arts
(0) In lieu fees shall be paid prior to the issuance of a building permit.
0
Section 10- 10. 104. Maintenance, and ' Removal of Works of rt
The owner of the real property on which public art is located shall Maintain the public art
installed pursuant to this chapter. No work of-ait be removed unless a replacement work of
public art is approved pursuant to the procedure in Section 10-102(o).
SECTION 2.
This ordinance shaU. apply to every building that receives Design Review Commission
approval on or after September 1;, 2000;
SECTION 3.
This ordinance shall take! I effect on the 31 s` day following its adoption..
PASSED AND ADOPTEP by the .City Council of the, City of Walnut Creek at a regular
meeting thereof on the 19thday of Septernber by the following called vote:
AYES: Councilmembers:
Regalia, Hicks, Rainey, Wolfe, Mayor Abrams
NOES: Councilmembers:
ABSENT: . Councilmembers:
'None
None
Mayor of the City of Walnut Creek
Attest: ,
City Clerk of the City of Walnut Creek
I HEREBY CERTIFY'that4he foregoing t ordinance wasAuly passed and
adopted.by the City'Council of City of Walnut Creek, County of Contra " Costa , State of
California, -at a regular - meeting,of said Council held on the 19th day of September 2000.
City Clerk of the iCiiy,of Walnut Creek
I
`
ORDINANCE NO. 1973
AN ORDINANCE ADDING CHAPTER 3 TO, TITLE 7 OF THE
WALNUT CREEK MUNICIPAL'CODE RELATING TO PUBLIC
WORKS AND PUBLIC ART
The City Council'of the City of Walnut Creek -does ,ordain as follows:
Section 1.
Chapter 3 is hereby added Jo Title 7 of the Walnut Creek.Municipal Code relating to
public art:
CHAPTER 3. PUBLIC ART FOR PUBLI WORKS
Sec. 7- 3.101. Purpose.
It is the purpose of. this chapter and the policy of this city that' each major -city
construction project shall have an appropriate display °of art integrated into the project.
Sec., T- 3.102. Definitions.
As used in this chapter:
a Construction cost means the estimated c nstruction'cost of projects proposed for the
Capital Improvement Mari-
(b) "Construction or aheration" means on, renovation,
ns construction rehabilitation,
remodeling or improvement.
"Cit p j means. all,city'buildings, gateways, parks, plazas, medians,
c Cit construction; ro
and other public areas except; service facilities not normally' visited by the public.
(d) "Major city construction.project" means .a city construction project which involves the
construction of a. city building of 1'5.,000 square feet or mores or the construction or alteration of
a city construction project not the construction of a buildi
involving ng with an estimated
construction costof $750,000 or more.
Sec. 7- 3.103. (Dedication' for Arta
N
One percent of the construction cost of a;major.city construction project that involves the
•' � `' � d'acent t or inclose roxmit t to thelu� ion of public art. The
art shall be dis la ed.m a on, a acilrt ; "shall be set aside for `'
p„Y p J_.
p„ y y facility that is the
construc
of a cit
r .
ma
ion or a e
subject of the protect. If t,would ,be ro riate to ds la ,'
PP P ion, the one percent
Y
q p y p Y djac nt to or;in close.proximity to
art for the dis
other be used for city projects'.e The- ost of the public art shall include the administrative costs in
implementing this chapter.
n "
Sec: 7 3,M. Administration,.
This chapter shall be .a ubsicand administration of the
Art Master Plan. Funds
dmmistered as provided in the P;
eted for public art may be use
bud d for acquisitions installation
„ b p Y
ubl
p is part program. !
Sec. 7- 3.105. Ownership.
All art acquired: pursuant tq this chapter shall be acquired ih the name of the City of
'Walnut Creek and title shall vest in the City of Walnut Creek.
Section 2.
This ordinance shall'take effect on the 31'' day :followingits adoption.
I �
PASSED AND ADOPTED by the City Council of the City of Walnut Creek at a regular
meeting thereof held on the 19th! of-$eptember 2000, by'ihe following called vote:
AYES: Councilmernbers Regalia, Hicks; Rainey, Wolfe; Mayor Abrams
NOES: Councilmembers: None
ABSENT: Couneilmembers: None
Mayor of the City of Walnut Creek
Attest:
City Clerk of the City of Walnut Creek
I HEREBY CERTTFY that the. foregoing ordinance. was duly and regularly passed and
adopted by the Council of,the City ofWalnut.Creek, County ofContraCosta, State of
California, at a regular meeting of said Council held on the 19th day, of September 2000'.
City. Clerk of the City of Walnut Creek
f7;
TIE CITY OF WALNUT CREED
• Researched and. Prepared for the
Walnut Creek Arts Commission
by Lynne Baer
June 23, 2000
• PURLIC ART MASTER PLAN for the City of Walnut Creek
Page
o
Executive Summary
—
♦
Mission and Historical Perspective of Public Art in Walnut Creek
1
o
The Case for Public Art Contributing to the Community's
Identity and Enhancement
1
®
Identification of Six Public Art Project Zones (including maps)
2
• Pedestrian Retail District
• Core Area
• Outside Core Area — Shadelands Business Park and
Shopping& Activity Areas x
• Parks, Trails and Recreation Sites
• Transit, Freeways and Roads
• Gateways
®
Criteria for Public Art
5
• Definition of eligible project elements
• Definition of ineligible project elements
®
Criteria for Selection of Artwork
6
• Context
• Artistic Quality
• Media
• Permanence
• Public Safety
o
Implementation of the Master Plan For Municipal Projects &
Private Development Projects
6
• Municipal Projects: 1% for major city construction projects
• Private projects: 1% for projects of 25,000 sq -.ft.. and greater
• Private projects: '/Z of I% for projects between 15,000- 24,999 sq.ft
• In -Lieu Fund
®
Responsibilities of City Departments and Commissions
8
®
Procedures for Selection of Municipal Public Art
11
• Site specific commissions
• Purchase of completed works
• Rental or loan
• Gifts
®
Procedures for Selection Public Art for Private Developments
14
♦
Priority Sites Identified by Public Art Zones
15
♦
About the Master Plan consultant
18
Lynne Baer, Public Art Master Plan researcher and consultant
Carrie Lederer, Curator of Exhibitions & Programs, Bedford Gallery
Gary F. Schaub, Director of Cultural Services
• PUBLIC ART MASTER PLAN
For the City of Walnut Creek
-- EXECUTIVE SUMMARY --
The Public Art Master Plan, as developed by the Walnut Creek Arts Commission, responds to
a requirement in the Cultural Resources element of the City's General Plan to "Encourage the
inclusion of public art in development projects to insure a continuing investment and
appreciation of the arts in Walnut Creek." The General Plan requires that the City "prepare a
public art ordinance to assure continued public and private participation..." in the public art
z ,
program.
The Public Art Master Plan also responds to Resolution 4771 adopted by the City Council in
1987 calling for revisions to the City's Public Art policies'and regulations as part of a much
broader general plan/zoning study.
The Public Art Master Plan is based on the belief that public art enhances and defines a city's
image. Art makes public spaces more welcoming, and it creates a deeper interaction with our
environment -- the places where we work, live, shop and seek recreation.
The Public Art Master Plan makes these essential points:
o Public Art Zones: The Plan identifies six Public Art Project Zones and the priority sites within
each zone (pp. 2-4; 15 -17).
•
® Commission Involvement: The Design Review Commission will be responsible for requiring
public art in a development project which falls within the Plan's criteria. This commission will also
be responsible for the siting of the public art elements. Approval of the art element is the
responsibility of the Arts Commission. A member of the Arts Commission and/or Bedford Gallery
Advisory Council will serve as a liaison in the design review process when public art is included
(pp. 5 -7).
® Selection of Artwork: The Plan identifies criteria and processes to be used in selection of
artwork. For municipal development projects, the Arts Commission appoints a Selection Panel of
5 -8 members which makes recommendations to the Arts Commission. The Bedford Gallery
Advisory Council normally will serve as the Selection Panel for private development projects. (pp.
5 -7; 11 -14).
Integration of Public Art into Development: Public art planning should be integrated into
development project planning at the earliest possible stage. Public art element(s) for municipal and
private development projects should be commensurate with the scale and visibility of the project,
and should be compatible with its architecture, landscape, and surrounding environment. Artwork
designed for the specific site is encouraged. (pp. 6 -8, 14).
o Involvement of the Artist: The Plan urges that the selected artist become an integral member
of a project's Aesign team early in the process so that art components can be identified early,
thereby maximizing the use of general construction funds (pp. 6, 14.)
® Roles of City Council. and City. agencies: The Plan outlines the respective responsibilities of
the City- Council, the Design Review Commission, the Arts :Commission, the Bedford Gallery
Advisory Council, and appropriate city staff in the overall public art process. The City Council
always has the opportunity to review all municipal public art projects on request. (pp. 8-11).
Public Art in Private Development:. For private developments that are 25,000 sq.ft or greater,
not less than 1% of construction cost (building permit value) shall be allocated for public art. For
private development projects that are between 15,000 and 24,999 sq.ft., not less than '' /z of 1% shall
be allocated for such projects in the Pedestrian Retail District or the Core Area Development Zone.
This requirement shall also apply for alteration of more than 56 % of the G.S.F. of an existing
structure or area. (p. 8). x
® In -L.ieu Fund: For private projects where public art would normally be expected, but where either
the Design Review Commission finds that location, siting or scale make the provision of public art
inappropriate or impossible; or agrees to the applicant's preference to not integrate a public art
element into the project, the equivalent public art funds should be placed in an in -lieu fund. This fund,
upon recommendation ofthe Arts Commission, will enable enhancements to be sited elsewhere
within the same Public Art Project Zone. (p. 6, 8).
o Public Art in Municipal Projects: Not less than I% of the project cost for major city building
projects (or alteration of more than 50% of the G,.S.F. of an existing structure or area) shall be
allocated for public art. Such projects shall be recommended by the Arts Commission. (pp. 6 -7).
® City Capital Improvement Program: In addition to public art budgets for individual major
city building projects and alterations, the Plan recommends that the City's biennial Capital
• Improvement budget should include a separate block of funds dedicated to public art in existing
parks, gateways, medians, city buildings, and other related municipal sites (p. 7).
# ##
ii
•
0
PUBLIC ART MASTER PLAN
For the City of'Walnut Creek
Mission Statement
6/23//00
Public art creates memorable images that enhance civic pride and helps to define the city's
image to the outside world.' The experience of public art makes..a public space seem more
welcoming; it creates a deeper interaction with the places we vi'sit and in which we work and
live: It helps us remember the past, honor an ideal, and express our values and concerns to
future generations. Public art engages us by creating a dialogue between the artist and the
community. It makes our city more livable, more visually stimulating.
Introduction
Walnut Creek has officially encouraged public art projects in the community since 1982, when
the City Council approved.the first public art requirements and guidelines. In 1983 the Walnut
Creek City Council formalized its public art requirements as an adjunct to its Design Review
Ordinance and process. That Ordinance was a result of a joint effort by representatives from
Planning, Design Review, Parks & Recreation and Arts Commissions.
More than forty public art projects — both municipally =owned and privately -owned — have been
• completed since then. There were issues, however, not covered in the original 1983 public art
requirements and guidelines. The original guidelines did not require a specific dollar amount
and the procedures did not require advance planning for public art, nor did they encourage
integration of the artwork into the overall architecture of the' project. In 1987, the City Council
adopted Resolution 4771 to consider revisions to the City's public art policies and regulations
as part of a much broader general plan/zoning study. This new Public Art Master Plan seeks to
deal with most of these issues, and, in the process, to encourage more successful public art
projects in the community.
The City's General Plan (Policy 5 of the Cultural Resources element) requires that the City
"Encourage the inclusion of public art in development projects to insure a continuing
investment and appreciation of the arts in Walnut Creek." The same General Plan element
requires that the City "...prepare a public art ordinance to assure continued public and private
participation._." in the Public Art program.
The goal of this Public Art Master Plan is to respond to the City Council's request to develop
and update the public art guidelines. It is a way of visualizing and coordinating public art
projects in the community that will clarify requirements and procedures, provide guidance to
City departments, to the City Council, to City Commissions, and to private developers. The
Master Plan provides (1) criteria for the selection and prioritizing of potential sites for both
public and private art projects, (2);guidelines for appropriate art responses, and (3)
procedures for review and selection of art.
•
2
The creation of a comprehensive Public Art Master Plan is based on an understanding of the
historical and cultural influences that exist in the City of Walnut Creek, as well as a knowledge
of its natural and built environments. From the first known inhabitants, Bolbone Indians, to
Spanish settlers, Mexican landgrantees, and to its incorporation as a city in 1914, the area that
is now Walnut Creek shares much history with its surrounding Northem California neighbors.
In its current era of growth since the early 1950s, Walnut Creek has become the hub of
commerce and cultural activities in Contra Costa County. � ;. ;,,
The Dean Lesher Regional Center for the Arts and the wide variety of performance events, art
exhibitions, and arts education resources are unique for a city of its size. While the City has
emphasized the economic development of the downtown area, the City and its citizens also
value active neighborhoods, the remaining open spaces, and the City's surrounding natural
beauty. This is evidenced by the preservation of the Ironhorse Trail, and Old Borges Ranch, as
well as Shell Ridge, Lime Ridge, and Sugarloaf Open Spaces.
Taking into consideration the physical layout of the City, as well as the above factors, the
Public Art Master Plan is organized into six Public Art. Project Zones. These zones offer a
cohesive way of thinking about the City and public art. They are starting points for evaluating
and prioritizing existing and potential sites and for identifying future sites. The zones are based
on geographical, philosophical, ,and esthetic considerations as articulated by city staff and
• communitymembers.
In interviews with.Design Review and Arts Commissioners, City staff and community
members, several thoughts about public art were expressed. We were told that a public art
program should:
® Provide a sense of identity at the entrances into the city
® Encompass a variety of scale, media, and styles
® Harmonize with the buildings and streetscapes of the downtown area
® Include artistic themes that are traditional, historic and/or contemporary
In response to this input, each zone includes a number of potential art sites. The boundaries for
each zone are loosely defined and differ from a planning or political district. A zone can
change over time depending on circumstances and the evolution and growth of the city.
PUBLIC ART PROJECT ZONES
(See attached Zone Maps)
1. Pedestrian Retail District This geographical area is defined in the municipal
code generally as the major thoroughfares of Civic Drive (north), California Blvd.
r
(west), Newell Avenue (south), and Broadway (east) and is comprised of major retail,
restaurant, entertainment, and public buildings.
This historic downtown.area encourages pedestrian traffic and includes both public and
private development. When new or renovated projects are proposed that would extend
the pedestrian core of the downtown, they will fall within these guidelines.
This zone provides the opportunity for a variety of public art projects that would
enhance and enrich the. public's experience of the downtown. Artist- designed elements
on the pedestrian level could include benches, planters, or street lights that create
individuality for a particular street or block. Small -scale works integrated into building
fronts or alleyways can provide visual surprises, humor, and/or historical references to
the area. The zone allows for a variety of art responses including from murals, ceramic
tile, and freestanding abstract or representational works. The artwork in this zone
should be of a human scale, rather than monumental.
2. Core Area Development This geographical area is defined in the municipal
code by the thoroughfares of Walden Road (north), I -680 (west) and Civic Drive and
Iron Horse Trail (east) until it joins 1 -680 (south).
•
Criteria for this zone are based on larger -scale projects that include both new
construction and renovations of existing properties that significantly change the public
spaces, thus creating opportunities for highly visible and accessible art statements.
Artists will be part of the design team from the beginning of the design process working
with the architects, landscape architects, and the Planning Department to integrate
artworks such as fountains, large -scale sculpture, or landscape elements into plaza
areas, building exteriors, or streetscapes.
3 Outside Core Area— Shadelands Business Park,and Sho pping and
Activitv Centers: This zone includes the entire City of Walnut Creek outside of the
Core Area and refers to locations where there are high levels of use, traffic, and
development that define the character and identity of non - residential areas of the City.
These locations offer an opportunity to create linkages to the downtown area through
new or renovated municipal facilities such as libraries and gymnasiums (not in parks)
as well as new office buildings and complexes, and shopping centers and plazas. Artists
will be part .of the design team working with the architects, landscape architects, and
the Planning Department at the beginning stages of a project, new construction or -
renovations to ensure integration and appropriateness of the artwork into the plaza
areas, building exteriors, or streetscape.
• 4
4. Parks, Trails, and Recreational: Sites: As Walnut Creek matures and
develops, its parks, trails, and recreational areas are important gathering places.for the
community. Public artworks can enrich people's experiences by providing a historical
context or spiritual connection to the site. In a park geared toward
family activities, artwork can be humorous, interactive, or restful. Temporary
exhibitions of sculpture are always welcomed in downtown parks.
Neighborhood parks also offer the opportunity for nearby residents to be involved in
the selection of artwork. As parks and trails are renovated, or new sites are created,
artists should become part of the design team. The artworks for these outdoor areas can
be functional (such.as water elements, landscaping, play equipment, picnic area, paths,
and benches) or signifying features, such as gateways or historical references. All
works must be durable, safe, and require little maintenance.
5. Transit, >Freeways; and Roads: As a crossroads and major commercial hub of
Contra Costa County, Walnut Creek has a network of roadways and freeways that
increasingly has become the defining experience of residents and visitors partaking of
the City's amenities.
• The BART station is also a major transportation element for access to the City. Bus
stops, benches, underpasses, overpasses, and light posts offer visual opportunities to
enhance the traveler's journey. Artists can design benches, shelters, and light fixtures to
reflect the identity or project images of the surrounding neighborhood and area. Murals
or tile elements can enliven freeway underpasses and painted metal images can replace
barriers on pedestrian bridges and overpasses. As streets are widened, or sidewalks and
streetscapes improved, artist- designed elements can be included.
6. Gateways Entrances to Walnut Creek present an opportunity to define and
announce the character of the community while celebrating connections between the
city, surrounding communities, and the natural setting. This zone should be considered
as one, ongoing cohesive project. A design team consisting of artists, landscape
architects, and community members should be chosen to create an overall concept and
plan for the, approximately six major entrances and exits to the community. For
example, the team might research historical symbols that could be reproduced in
different media and in scale appropriate to the various locations.
0
CRITERIA FOR PUBLIC ART
"Works of art" shall mean all forms of originally created visual art, whether contemporary or
traditional. The creator of the work of art shall be, a practitioner in the visual arts who is
recognized as a professional of serious 'intent and who is not a member of the project architect
or landscape architect firm. The creative vision that apracticing public artist brings to the
project in public art programs around the country elevates the design process beyond
important design and technical. contributions provided by the project architect, landscape
architect or engineers. Having, a professional artist on the design team is what sets public art
projects apart from other artistic embellishments. The inclusion of a public artist on the design
team reflects the national '`best practices" standard for public art programs. The public artist is
also responsible for supervising the fabrication, or actually fabricating the public art element
for the project. The goal for inclusion of the work of professional artists, however, should not
preclude special situations in which competitions are held, or in which public artworks created
as part of an educational process, including students or youth working with practicing
artist/teachers in a municipal setting, are suggested.
Works of public art may include:
• Sculpture: free- standing, wall supported or suspended; kinetic, electronic; in any
appropriate material or combination of materials
• Murals or portable paintings: in any appropriate material or variety of
materials, with or without collage or the addition of non - traditional materials
• or means
® Photography, original works of graphic art, limited edition
prints, works on/of paper, original paintings
• Earthworks, fiberworks, waterworks, neon, glass, mosaics, or any
combination of forms of media including sound, literary elements,
holographic images or hybrids of media and new genres
• Furnishings or fixtures, including but not limited to gates, railings,
streetlights . or seating, if created by artists as unique elements
• Artisde or aesthetic elements of the overall architecture or landscape design if created
by a professional artist or a design team that includes a professional visual artist.
Ineligible Works of Art:
• Directional elements such as supergraphics, signage or color coding except
where these elements are integral parts of an overall design created by a
professional visual artist
• "Art objects" which are mass. produced or of standard manufacture, such as
playground equipment, fountains or statuary elements, unless incorporated
into an artwork by a project artist
® Reproductions by mechanical or other -means, of original works of art
Decorative, ornamental, architectural or functional elements which are
designed by the building architect as opposed to elements created by an artist
commissioned for that purpose.
Landscape architecture and landscape gardening except where these
elements are designed by a professional visual artist and/or are an integral
part of the artwork by the artist.
•
• 6
CRITERIA FOR THE SELECTION OF ARTWORK
Criteria to be used ,in the selection of public artwork, whether by,commission, purchase or gift,
shall include, but not be limited to, the following:
O Context Works of art- :..must be compatible in scale, materials, form and content with their
surrounding. Consideration shall be given to the architectural, historical, geographical, and
social /cultural context of the site. A
® Artistic Quality Works of art must be unique and shall include excellence in craftsmanship,
originality in conception, and integrity of materials.
o Media: All forms of media may be considered. Works. may be portable, permanently
affixed, or incorporated in the design and/or function of a public space. Temporary
exhibits or installations may also be considered for extended periods of time.
® Permanence: For permanently installed works, due consideration shall be given to the
work's structural and surface soundness, and to inherent resistance to theft, vandalism,
weathering, and excessive maintenance or repair costs.
® Public Safetv: All works of art or temporary installations shall be evaluated to ensure their
compliance with public safety requirements.
IMPLEMENTATION OF THE MASTER PLAN FOR
MUNICIPAL PROJECTS & PRIVATE DEVELOPMENT PROJECTS
Implementation of the Public Art Master Plan requires the awareness, cooperation and
involvement of City Departments and Commissions, and the commitment of the developer (or
City) to adequately fund artistic enhancements. This Plan encourages the establishment of
procedures that help identify opportunities for public art at the earliest stage of both municipal
and private development projects, through early identification of public art opportunities.
It is important to recognize that when an artist becomes an integral member of the design team
and public art components are identified early in the process funds :available for art can be
maximized with the use of general construction budgets. Elements such as lighting, - seating
areas, and floor or wall surfaces (i.e. tiles, mosaics, or murals) for buildings can be enriched
with an artist on the design team_ Likewise, outdoor elements such as pedestrian bridges,
overpasses, fountains and water elements, or trail markers are examples of items often included
in a construction budget that can be enhanced as public art with the input of the artist's
experience.
Public Art budget requirements for both municipal and private development projects should be
established at a rate comparable to those in place in other cities with public art programs, as
noted below. The Plan recommends that, in general, public art budgets of not less than I% of
0
7
construction costs (building permit value) be allocated for the public art component — an
amount that is acceptable nationwide as a standard.
The continuing and long -term viability of the public art program also requires the presence of a
public art staff person or project consultant who can establish ongoing relationships with
various City Departments and the public. The continuing presence of such a person will
facilitate the identification, management, and completion of!successful public art projects.
®
Municipal Public Art Projects --
In the City of Walnut Creek, the City Engineer's office is involved in the initial phases of all
public construction projects through the implementation of the Capital Improvement Program
(CIP). The City Engineer's office will refer a draft CIP to the Cultural Services Department for
their recommendation for inclusion of appropriate public art. In this way, public art aspects of
any proposed Capital Improvement Program projects be identified as the projects are being
scoped and funding is allocated, and prior to formal review by the City Council.
Funding for the creation, installation and administration of public art elements in major city
construction projects, either for new projects or for significant renovations are best included in
• the overall construction budget. The public art budget should be I% of the project budget for
new construction (or alteration of more than 50% of the gross square footage (G.S.F.) of an
existing structure or area).
Great opportunities exist in the development of community plazas, parks, and other public
spaces to provide participatory public art elements that can be either functional or
aesthetic. The type of public art in these public spaces should be appropriate in scale to both
the site and to the public use. To enable the provision of public art elements in previously
completed facilities or areas, the City's biennial Capital Improvement Program should include
a separate block of funds dedicated to public art projects in existing parks, gateways, medians,
city buildings, and other' municipal sites. The Capital Improvement Program is a source
of funds for conservation and maintenance artwork, and for public art in areas that presently
lack public art.
Because federal and state funds are available for public art projects included in urban renewal,
parks, open spaces, highways, and transit projects, it is important to involve Cultural Services
Department staff at the conception of these projects in order to take advantage of these
opportunities. The Community Development Department and Cultural Services Department
should take'the lead in applying for outside funding well in advance (six months to one year) of
upcoming projects. It is important to include an opportunity and vehicle for public comment in
all municipal public art projects.
C
0 ® Private Development Public Art Projects --
In the City of Walnut Creek, the Planning .Division and the Design Review Commission are the
agencies involved in the initial phase of private development projects. It is the responsibility of
the Planning Division to inform.private developers of the public art requirement, and to
encourage early input on public art opportunities.
When processing development projects, which fall within this Master Plan, it is also the
responsibility of the Walnut Creek Planning Division and the Design Review Commission to
inform and coordinate with Cultural Services staff, the Arts Commission and the Bedford
Gallery Advisory Council. Projects should be referred to Cultural Services staff early in the
process to enable review, comment and recommendation on what public art opportunities
should be considered by the applicant, planning staff and the Design Review Commission.
As discussed later in this Plan, the scale of art elements in private developments should be
commensurate with the scale of the development and its location. The public art budget for
both municipal and private development projects should also be set at a rate that is comparable
to those in place in other cities with public art programs. The Plan recommends that that this
budget should be I% of the building permit value for new construction (or alteration of more
than 50% of the G.S.F. of an existing structure or area), for all projects of 25,000 sq. ft. or
greater. For projects between 15,000- 24,999 sq. ft. in the Pedestrian Retail District or the Core
Area Development Zone, the public art budget should be '/z of 1 % o.
In private development projects where public art elements would normally be required, but,
where either the Design Review Commission finds that location, siting or scale makes
provision of public art enhancements inappropriate or impossible; or agrees to the applicant's
preference to not . integrate a public art element into the project, the equivalent public art funds
should be placed into an in -lieu fund maintained by the City. Such funds will enable art
enhancements to be sited adjacent to the development or elsewhere within the same Public Art
Project Zone, as recommended by the Arts Commission.
The owner of the project retains responsibility for maintenance and regular upkeep of any
public art enhancements. If, for any reason, the required public art in a project is removed,
destroyed, or has deteriorated, the owner is responsible for replacement with comparable
artwork.
RESPONSIBILITIES OF CITY DEPARTMENTS & COMMISSIONS
City Council
® Provides sustained Capital Improvement Program and other funding for acquisition of
municipal public art projects and supports allocations for public art elements in new and
renovated city facilities:
11
10 • Provides necessary resources and staffing to manage a successful public art program.
• Approves necessary legislation and funding mechanisms for private sector Public Art
requirements..
• Approves the Public Art Master Plan and approves revisions to procedures and guidelines
for its implementation.
• Council Liaisons to Arts Commission and to the Diablo Regional Arts Association Board
are invited to participate in Selection Panel meetings for municipal public art projects
• The City Council always has the prerogative to review all municipal public art projects, if
requested. '
Design Review Commission
• The Design Review Guidelines should be revised to reflect the Public Art Master Plan.
• Provides Design Review findings to insure that the Commission has considered the criteria
for public art prior to approval of entire project.
• Includes appropriate wording in DRC Resolutions when public art is required as a
condition of approval, and refers these projects to Arts Commission and staff to assist the
applicant in selection and implementation.
• Approves the location or placement of public art elements within proposed development
projects, and assures elements are appropriate to both the overall project and its setting.
• Provide findings either when location, siting or scale makes provision of public art
enhancement inappropriate or impossible, or when the applicant prefers not to integrate a
public art element into the project, so that an equivalent in -lieu fee is made.
• Arts Commission member and/or Bedford Gallery Advisory Council member serve as
liaison in the design review process where public art is included.
Planning Division
• Determines whether the development project falls within one of the established Public Art
Master Plan zones.
• Notifies development :applicants of the Public Art Master Plan goals, and requirements
including the utilization of an artist on the design team early in the design process, and
provides a list of public art consultants, if needed.
• Notifies, coordinates and seeks input regarding public art opportunities from the Cultural
Services Department staff for development projects within the established Public Art
Master Plan Project Zones.
Engineering Division
• Sends draft Capital Improvement Program to Cultural Services staff for input on public art
opportunities.
• Includes appropriate budget for public art in select project recommended by the Cultural
Services staff.
• After CI'P approval by City Council, and prior to commencing design work, consults with
Cultural Services Department to incorporate artist into the design team, when appropriate.
• Coordinates with Cultural Services staff in researching and applying for outside funding for
public art projects in public spaces.
•.
it
• o Collaborates with City departments and private developers to coordinate the roles and
responsibilities of the artist, architect, engineers, general contractor, and other professionals
involved in the project from inception to installation of the artwork.
o Assists in preparation of grant requests from outside funding sources, if necessary..
0 Reviews and maintain inventory of the Municipal Public Art collection to evaluate and
make recommendations for maintenance or conservation needs.
PROCEDURES FOR SELECTION OF MUNICIPAL PUBLIC ART
Selection methods for municipal public art include site- specific commissions (open
competitions or invitational), acquisition of already completed works, rental or loan, and gift.
Selection Panels for specific projects will be established' by the Arts Commission following
recommendation by the Cultural Services staff. The role of the Selection Panel is to assist in
selecting qualified artists to be considered for a project. The number of members and the
composition of the committee will depend on the size; location, and complexity of each
project. Normally, the Selection Panel will consist of 5-8 individuals including City Council
liaisons to the arts program, a Design Review Commissioner, an Arts Commission and/or
Advisory Council member, the project architect, a community member, 1 -2 visual arts
professionals, and a representative of the municipal agency where the artwork will be sited.
• In determining the appropriate procedure to use, the Capital Improvement Project list should be
examined and evaluated within the context of the goals for the overall public art program. The
most important criterion for choosing one procedure over another is to decide which one will
result in the best possible work of art for that particular project.
SITE- SPECIFIC COMMISSIONS
o work designed for a particular site with a specific theme or concept
Artist Selection Process:
1. Invitational - artists invited to submit proposals, not open to public
• Appointment of Selection Panel
• Creation of Request for Proposals
• Determination of list of artists to receive RFQ
• Selection of finalists from submitted proposals
• Selection of artist and work
• Final approval of artist and artwork by Arts Commission.
• Schedule for completion and payment
• Approval process and signing of contract
• Fabrication and installation of work
0 Timeline Entire process - approximately 3 months
Selection process: 1 -2 months
12
2. Open Competition - open to all artists, public notice sent
• Appointment of Selection Panel
• Creation of Request for Qualifications or Request for Proposals
• Public notification and mailing of RFQ to professional visual artists
• Selection of finalists from submitted slides
• Public display of maquettes for comments
• Selection of artist and work
• Final approval of artist and artwork by Arts Commission
• Schedule for completion and payment
• Approval process and signing of contract
• Fabrication and installation of work
Timeline Entire process - approximately 6 -8 months
Selection process: 3 - 6 months
PURCHASE OF COMPLETED WORKS
• appropriate for acquisition of two and three- dimensional works for city facilities
• works offered by artist or resident for purchase
Selection Process:
1 Works to be acquired for existing space i.e. City facilities or public areas.
• • Appointment of Selection Panel (Cultural Services staff may act as
selection panel)
• Determine budget, media, subject matter, and scope of work
• Appropriate artists contacted and invited to submit slides of works
(may also conduct a public call for'artists)
• Conduct studio visits or request artists to present works to committee
• Selection of specific works
• Review of selection by Bedford Gallery Advisory Council and
recommendation to Arts Commission for approval
Timeline Entire process — approximately 3 months,
depending on approval process
2. Works offered by artist or residents
• Bedford Gallery Curator and Advisory Council review for artistic merit
• Community and site appropriateness, liability and maintenance issues, and
installation are reviewed through consultation with all appropriate City
Departments and Commissions
Timeline: Immediate written communication to donor expressing either
refusal or pursuit of approval through the given approval process -- the
final decision should be made within 3 months of offer.
0
• RENTAL OR LOAN
• used for temporary installations or to create an ongoing changing
Public Art exhibition program
• used in situations that support temporary installations of sculptural works
or two - dimensional. works of art for long term
also can be used for educational programs or purposes
Selection Process:
13
1. Cultural Services staff determines method appropriate for works for long-
term display! in outdoor setting or indoor public spaces
• Determine budget, duration, media, and scope of project
• Develop the concept and site and select appropriate artists and artworks
F Approval of concept and site by appropriate City Departments
and Commission
• Acceptance of works and approval
• Final approval by Bedford Gallery curator and review by BGAC
• Signing of contract and installation procedures
2. Public Art works or projects advanced by organizations or individuals,
ox organized as a "travelling exhibition" of nationally or internationally
known artists.
• Cultural Services staff reviews scope of project, artistic merit, and
appropriateness to community and site, liability and maintenance issues,
hidden budgetary concerns (i.e.,, installation requirements)
• Approval of concept and site by appropriate City Departments
and Commissions
• Review of contract and installation procedures by appropriate
Departments and Commissions
Timeline Immediate written communication, expressing either refusal or
pursuit of approval through the appropriate approval process --
the final decision should be made within 3 months.
GIFTS FOR;MUNICIPAL PUBLIC ART COLLECTION
61 donated by residents, collectors, artists, corporations, or foreign cities and countries
Approval Process:
1. Gifts or bequests of work already completed
• Cultural services staff reviews for artistic merit, community and site
appropriateness, liability, maintenance, and installation issues, hidden
costs and all documentation
• Consultations with all affected city departments and commissions
• Present recommendation of acceptance to Bedford Gallery Advisory
Council for review and to provide a recommendation to the Arts
Commission
14
• 2. Donations of site - specific commissions
• Review of proposal by Cultural Services staff in consultation with all
affected City
Departments and Commissions
• Presentation to Bedford Gallery Advisory Council for their approval and
recommendation to the Arts Commission
Timeline Immediate written communication to donor expressing
either refusal or pursuit of approval.through the given approval
process -- final decision should be made within 3 months.
PROCEDURES FOR SELECTING PUBLIC ART
FOR PRIVATE DEVELOPMENTS
The most successful public art projects are those that are well integrated into their sites. The
selection and involvement of the artist in the early stages of the design process can help
accomplish this integration. Often works of high quality fail in public situations because they
are out of scale in their location, hidden by an architectural feature, situated in an unused site,
or improperly lighted. Site - specific artworks are encouraged.
• The applicant may use any of the art selection methods discussed previously for municipal
projects. The selection of a site is as important as the selection of the artist. The criteria for the
selection of the artwork and site listed in the Master Plan apply to both municipal and private
development projects.
In order to assure a successful public art project, it would be advantageous for the developer to
include a public art consultant and/or public artist on their design team early in the design
development process. The acquisition of works of public. art under the program requires a
commitment by the developer or owner to preserve, protect and permanently display the work
of art in its original condition at the time of installation. The routine maintenance,
conservation, and preservation of the work of art shall be the responsibility of the facility
owner.
While the choice of the artist and the funding of artwork are the responsibility of the applicant,
the placement is subject to review and approval by the Design Review Commission. The
proposed artwork is reviewed and recommended by the Bedford Gallery Advisory Council
(serving as the Selection Panel) working with the Bedford Gallery staff and curator, and then
approved by the Arts Commission. The DRC will assure art elements are in scale to both the
project and its setting.
The Public Art Zone in which the development is located provides guidelines for the
appropriate public art responses. The artworks shall be commensurate with the scale of the
development in terms of visibility, compatibility with the architecture and landscape, and
impact on the surrounding environment.
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PRIORITY SITES IDENT'IFIED BY PUBLIC N tT ZONES
Prior to recommending a site for a public art project within each zone, Cultural Services
Department staff, in collaboration with appropriate city departments and the Bedford Gallery
Advisory Council, shall evaluate the site for the following criteria:
• Visibility and public access
• Meets the gross square foot priority considerations listed above
• Public safety
• Interior and/or exterior traffic patterns
• Relationship of.art to the site's existing or future architectural or natural features
• Function and uses of the facility or site
• Future development plans for the area which may affect the public art project
• Relationship' of the proposed work to existing works of art or design elements
within the site's vicinity
• Social or cultural content of the proposed artwork relative to the site and its
surrounding environment
1. Pedestrian Retail District
Public Sites
• City Hall Plaza
• City Hall Expansion
• Dean Lesher Regional Center for the Arts
• North Broadway at City Parking Garage: site at possible remodeling of
garage frontage with new retail addition
• North Broadway, at end of Cypress Street
• Creek access location (between Cantina Restaurant and North
Broadway garage entry)
Private Development Sites
• Mount Diablo Blvd, at north end of Broadway Plaza
• North Broadway/Mt. Diablo Blvd. (SE corner, near Safeway)
• North Main at Mount Diablo Blvd. (NW corner)
• Locust St.Bonanza St. (NW corner)
• Locust St/Civic Dr. (retail frontage at SE corner)
2.. Core Area Development
Publi____ c Sites
• South Locust Street Garage expansion
• Development of downtown Library site on North Broadway
0
16
• Private Development Sites
• California Federal Bank site (North California Blvd./Mount Diablo
Blvd/Olympic Blvd./Locust St)
• Locust St/ Mount Diablo Blvd. (Mark Morris tire site)
• Olympic Blvd. /South Calif. Blvd. Area (Simon's Hardware site)
• Newell Ave. between Nursery Lane & South Broadway Extension
(former Navlet site)
• Newell Ave. between Nursery Lane & South Main Street (southern
retail frontage)
• South Broadway/Newell Ave. (NE corner near Newell Plaza)
• Development on the Giamona Street/Locust Street/North Main St.
block
3. _Outside Central Area — Shadelands Business Park an Shopping
and Activitv Centers
Public Sites:
• Civic Arts Education "Shadelands Campus" (Ygnacio Valley
Rd./Wiget Lane)
Private Development Sites
• Ygnacio Valley Rd. /Oak Grove corner (Safeway lot)
• Ygnacio Valley Rd., between North Main Street & North California Blvd.
• (Fidelity block)
• Ygnacio Valley Shopping Plaza (Ygnacio Valley Rd. & San
Carlos Dr.) — retail and frontage areas
• Encina Grande Shopping Center (Ygnacio Valley Rd and Oak Grove) —
retail and frontage areas
• Nob Hill Shopping Center (Oak Grove and Citrus areas — retail and
frontage areas
• Tice Valley Shopping Center and Rossmoor Shopping Centers — retail and
frontage areas
• Developments along North Main St. nr. 1 -680 ramp (Kazabeer
Lane)
• Various residential subdivision entry locations:
• Rancho San Miguel (Ygnacio Valley Rd. & San Carlos
Dr.)
• Woodlands (off Oak Grove Rd.)
• Others
4. Parks Trails and Recreation Sites
Public Sites
• Alma Park entry (city land at Olympic Blvd./North California
Blvd., SW corner)
• Civic Park (walkway pads and park entries)
• Arbolado Park
•
17
• Walden Park
• Larkey Park; Larkey Pool area, Lindsey Wildlife Museum area
• Tice Valley Park
• Heather Farm Park: Clark Pool area, Community Center area,
park entry areas
• Projects in conjunction with Creekrestoration project, including creek
overlook on Broadway nr. Cantina Restaurant)
• Lawn Area, adjoining South Main north!,pf Creekside Drive
• Iron Horse Trail Overcrossing site
Private Development Sites
® John Muir Hospital development: view site on hill, entry areas
5. Transit, Freeway, and Roads
Public Sites
• BART Station area
• San Miguel & Newell Avenue (heavily traveled street from south City &
County)
• Along South Broadway Extension (soundwalls)
® • 1- 680/North Main Street area
6. Gateways
City Entry locations:
• South Main Street entry
• North Main Street entry
• South Broadway/Rudgear Road 0 -680)
• Ygnacio Valley Rd., west of Oak Grove Rd.
• Mount Diablo Blvd. (Hwy 24)
• Along South Broadway Extension (between Rudgear & Newell)
•
18
PUBLIC ARC' MASTER PLAN for the City of Walnut Creek
researched and prepared by Lynne Baer
Lynne Baer has been involved with Art in.Public Places forthe last 10 years. In the
communities of Dublin and Pleasanton, Lynne. assisted in developing their public art programs.
The Dublin Fine Arts Foundation, a private non -profit foundation, acts as a local arts
organization in the community and has, three main areas of concentration: attracting significant
works of art through commissioning, long -term loans, or gifts to the community; temporary
exhibitions in the Civic Center lobby; and art education in the schools. Another ongoing
program is "Art in the Parks, which places permanent works in each of Dublin's eight parks
using concepts developed in collaboration with neighborhood groups.
In Pleasanton, Lynne assisted in the first public art commission, Albus by Diana Pumpelly
Bates, after the approval of its Public Art . Program. She also worked with that City's staff and
Public Art Commission to develop guidelines and procedures for the commissioning and
acquiring of future- works.
The University of California, San Francisco is another ongoing and long -term client where she
has been instrumental in developing the philosophy and implementation of its Public Art
programs. She has also assisted on projects at the San Francisco Arts Commission. Lynne has
also advised corporate and private clients to commission site - specific works as well as the
placement of art.
Lynne graduated from the University of California, Berkeley with honors and received a
Master's Degree in Art History from the University of California, "Davis. She has served on
the board of the Capp Street Project San Francisco and the Judah Magnes Museum, Berkeley
and the Public Art Advisory Commission for the Alameda County Arts Commission.
###
•
ORDINANCE NO. 1972
AN ORDINANCE ADDING CHAPTER 10 TO TITLE 10 OF THE
WALNUT CREEK MUNICIPAL CODE RELATING TO PUBLIC
ART
The City Council of the City of Walnut Creek does ordain as follows:
SECTION 1 . Chapter 10 is hereby added to Title 10 of the W*ut Creek Municipal Code to
read as follows:
CHAPTER 10. PUBLIC ART
Sec. 10- 10.100. Purpose and Goals.
The purpose of this ordinance is to implement Policy 5 on page 5 -2 of the Walnut Creek
General Plan. It is premised on the Public Art Master Plan developed for the City of Walnut
Creek in 2000.
Public art helps make our city more livable and more visually stimulating. The experience
of public art makes the public areas of buildings and their grounds more welcoming, and it creates
a deeper interaction with the places we visit, and in which we work and live.
To achieve these goals, the Council believes that public art planning should be integrated
into project planning at the earliest possible stage, and the selected artist become a member of the
project's design team early in the design process.
Sec. 10- 10.101. Definitions.
As used in this chapter:
(a) "Construction cost" shall be determined by the Chief Building Official in accordance
with the most current building valuation data provided by the International Conference of
Building Officials for use as provided in section 223 of the California Building Code.
(b) "Construction or alteration" means new construction or the rehabilitation, renovation,
remodeling or improvement of more than 50% of the gross square footage of an existing building.
(c) "Public art project means the cost for the development, acquisition, and installation of
the public art required by this chapter. It shall include the administrative costs a developer is
charged for the administration of this chapter.
•
ORDINANCE NO. 1973
AN ORDINANCE ADDING CHAPTER 3 TO "TITLE 7 OF THE
WALNUT CREEK MUNICIPAL CODE RELATING TO PUBLIC
WORKS AND PUBLIC ART
The City Council of the City of Walnut Creek does ordain as follows:
Section 1.
Chapter 3 is hereby added to Title 7 of the Walnut Creek Municipal Code relating to
public art:
CHAPTER 3. PUBLIC ART FOR PUBLIC WORKS
Sec. 7- 3.101. Purpose.
It is the purpose of this chapter and the policy of this city that each major city
construction project shall have an appropriate display of art integrated into the project.
Sec. 7- 3.102. Definitions.
As used in this chapter:
(a) "Construction cost" means the estimated construction cost of projects proposed for the
Capital Improvement Plan
(b) "Construction or alteration" means construction, rehabilitation, renovation,
remodeling or improvement.
(c) "City construction project" means all city buildings, gateways, parks, plazas, medians,
and other public areas except service facilities not normally visited by the public.
(d) "Major city construction project" means a city construction project which involves the
construction of a. city building of 15,000 square feet or more, or the construction or alteration of
a city construction project not,involving the construction of a building with an estimated
construction cost of $750,000 or more.
Sec. 7- 3.103. Dedication for Art.
One percent of the construction cost of a major city construction project that involves the
construction or alteration of a city facility shall be set aside for the inclusion of public art. The
art shall be displayed in, upon, adjacent to or in close proximity to the city facility that is the
subject of the project. If °it would be inappropriate to display art at that location, the one percent
may be used for the acquisition of art for the display in, upon, adjacent to or in close proximity to
other city projects. The cost of the public art shall include the administrative costs in
implementing this chapter.