Attachment 1
Public Benefit Assessment for Public Art Research Study
Prepared by The Arts and Culture Commission for the Town of Los Gatos
Final Report: January 2018
Summary
In January 2016, after almost a two-year deliberation, the Arts & Culture Commission of Los Gatos
(ACC) presented a comprehensive Strategic Plan to the Town Council for art and cultural enhancement
in the town. The plan was accepted by the Council who encouraged its implementation. Council also
voted to allot funds to begin implementing the strategic plan. The ACC used those funds to conduct
research on art development and cultural enrichment practices in similar towns and cities in California
and other parts of the country. The goal of the research study was to provide guidance in
recom
that research.
The research study indicates that the majority municipalities surveyed have budgeted specific, annual
amounts of money to support their arts programs. In addition to accepting private contributions,
municipalities have established small development funding models that draw funding from private
construction projects as an essential component of program fundraising.
Conclusion
The ACC believes that the positive experiences of the communities studied will benefit the Town of Los
Gatos in its own quest to promoting arts and cultural enrichment in our town. Establishing a
development funding model for private construction projects will be in line with similar programs in
other communities that we have studied. Establishing a development funding model for private and/or
public construction projects in Los Gatos will be in line with similar programs in other communities that
we have studied. It will also meet the demand on a multi-year basis to fund public art projects.
Recommendation
Town of Los Gatos pass a Public Benefit Assessment for Public Art designating one half of
one percent (.5%) of total construction costs of private development and construction
projects greater than $200k.
1
PUBLIC BENEFIT ASSESSMENT FOR PUBLIC ART
RESEARCH STUDY FINAL REPORT
JANUARY 2018
Cities Evaluated
LARGE (pop> 300k)
SMALL (pop <100k)
MEDIUM (pop 100k-
Page 3
Page 5
300k) Page 4
Denver
Newport Beach
Fremont
Sunnyvale
Chicago
Redwood City
Santa Clara
King County (WA)
Santa Fe, NM
San Mateo
San Jose, CA
Mountain View
San Francisco
Milpitas
Union City
Portland, OR
Palo Alto
Sacramento
Santa Cruz
Pittsburgh, PA
Cupertino
Gilroy
Campbell
2
Cities across the U.S. have developed a variety of programs to fund public art projects in their
communities. This survey of 23 cities has found that the most common ways to fund public art
is through a Public Benefit Assessment for Public Art or a Percent-for-art on
either public or private development, or both.
Further, the survey found that:
In no instances did the ordinances require a public vote.
80% of cities surveyed had a public or private percent-for-art ordinance.
Such ordinances average roughly one percent of project budgets be dedicated to installing
public art.
The intent of such ordinances is to enhance aesthetics and the belief that a well-funded public art
program creates a more desirable community in which to live and work. Public art programs also
help foster local economic development, promote general welfare, and create a more socially
connected community.
The fundraising model fee schedules studied range from cities that do not require a specific
percentage a specific percentage to up to two percent. Many cities calculate the percentage from
all capital improvement projects. The most common fee schedule is using a percentage of the
cost of construction projects. e.g., public and/or private improvement construction projects, to
support public art project funding.
The matrixes below provide a quick overview of how cities, large and small are using public or
private funding models. They are followed by charts that break the cities and funding sources
into categories.
Next, an overview of each city and its funding programs is detailed in the report. They are
descending order of population size.)
###
3
Large Cities (Population over 300,000)
City Population Does the City Are public % used to fund Is there a percent-Private Funding
have a construction public art for-art program Model
percent-for-monies used to assessing private
art program? fund art? development?
Denver 3,077,326 Yes Yes 1% of public No NA
p8 construction
projects over $1
million
Chicago 2,705,000 Yes Yes 1.33% of city No NA
p11 projects affecting >=
50% of building
space
King County 2,117,000 Yes Yes 1% of public No NA
WA construction
p11 budgets
San Jose CA 1,025,000 Yes Yes 1% of public No NA
p16 construction
projects
San 864,816 Yes Yes 2% of public building Yes 1% of new buildings
Francisco projects or additions > 25,000
p18 sq. ft.
Portland, OR 639,863 Yes Yes 2% of projects >= No. NA
p19 $50,000
Sacramento 495,234 Yes Yes 2% of public No NA
p24 construction
projects
Pittsburgh 303,625 Yes Yes 1% of public No. NA
p26 construction
projects
4
Medium-sized Cities (Population 299,000-100,000)
City Population Does the City Are public % used to Is there a Private Funding Model
have a percent-construction fund public percent-for-art
for-art monies used to art program
program? fund art? assessing
private
development?
Fremont 233,126 Yes Yes 1% of Yes $.52 per square foot of
p28public projects in 3 districts
construction
budgets
over $1
million
Sunnyvale 152,771 Yes Yes 1% of of Yes 1% of projects at a major
p29public intersection, lots of two
construction acres or more, and phased
projects projects.
over $1
million
Santa Clara 125,948 No No NA No NA
p31
San Mateo 103,959 Yes No NA Yes 0.5% of projects over $3
p32million
5
Small Cities (Populations under 100,000)
CityPopulation Does the Are CIP or % used to Is there a Private Funding Model
City have public fund public percent-for-art
a percent-construction art program
for-art monies used assessing
program? to fund art? private
development?
Newport Beach 86,688 No No NA No NA
p34
Redwood City 84,950 Yes Yes 1% of capital Yes 1% of projects over 50,000 sq. ft.
p35 outlay fund
Santa Fe 83,875 Yes Yes 2% of public No NA
p36 construction
projects
Mountain View 77,846 Yes Yes 1% of public No NA
p37 construction
projects over
$1 million
Milpitas77,528 Yes No NA Yes 1 Commercial development projects
37 over 2,000 square feet and
residential projects with more than
20 units
Union City 75,322 Yes Yes Yes .33-1% based on cost of project
p38
Palo Alto 67,024 Yes Yes 1% of public Yes 1% of commercial developments
p39 construction 10,000 sq. ft. or more and a
project construction value of $200,000 or
budgets more. Residential projects 5 units or
more.
Santa Cruz64,465 Yes Yes 1% of public No NA
p40 construction
budgets
Cupertino60,643 Yes No Yes
.25 percent .25 percent of the entire private
p41
entire construction valuation with a
private $100,000 cap. Any
construction development > = 50k sq ft
valuation involving construction of new
with a buildings and/or expansion of
$100,000 existing buildings.
cap.
.
6
Gilroyp42 55,069 No No NA No NA
Campbell 40,939 Yes Yes No defined No NA
p43 percentage
7
PERCENTAGE OF CITIES THAT HAVE A
PUBLIC AND/OR PRIVATE ART
FUNDING PROGRAM
20%
Yes
No
80%
FUNDING MODEL TO ACCESS PUBLIC
AND PRIVATE DEVELOPMENT
6
2
1
5
31
11111
The most common percentage used in a percent-for-art program is one percent.
8
Denver, CO
Population: 682,545
How art is funded: 0.1 percent sales tax for arts and culture and 1% for art requirement.
Sales Tax for Arts and Culture
Background: The district was created in 1988 and has been renewed three times. It will not be
voted on again until 2030.
Name of assessment: The measure was called 4b on the ballot.
Who championed it: Citizens for Arts to Zoo campaigned for it.
Did it require a public vote: Yes
Voting Results: 62.8 percent for, 27.2 percent against (886,021 votes)
Fee Schedule: It collects one penny for every $10 spent.
Payment method: Sales tax.
Is the tax applicable to one area or the entire city? -county metro area
Legal Basis:
to Section 32-13-104, C.R.S. and is a governmental subdivision of the State of Colorado.
Breakdown of funds distribution/scope of use: Organizations are grouped into three tiers
according to operational costs, revenue, attendance and access.
Tier I
The five largest regional, flagship organizations: Denver Art Museum, Denver Botanic Gardens,
Denver Center for the Performing Arts, Denver Museum of Nature & Science, Denver Zoo
Tier II
28 mid-size organizations. Funding is disbursed among organizations according to revenue and
attendance.
Tier III
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More than 270 smaller, community-based organizations throughout the 7-county region.
Organizations apply to county-appointed County Cultural Councils for funding. Councils decide
amounts of grants, taking into account organizational capacity and financial viability.
Who distributes the money: Scientific and Cultural Facilities District (SCFD) SCFD is
governed by a board of directors. The SCFD staff works with organizations and the County
Cultural Councils to implement the operations and distribution of funds in accordance with the
SCFD statute.
Tax Revenues: $53.2 million in 2016. It is expected to collect $64.6 million in 2018.
Positive Results: The funds go toward free days at museums, free parking, local arts festivals,
youth orchestras, neighborhood dance studios, nature programs and community theaters.
SCFD-
educational programs.
Lessons: Opponents say the tax discourages citizens from investing in the arts because the
government is already doing it. This has not been verified to be true. The government decides
what is art.
Percent-for-art Ordinance
Emailed program manager
How is public art funded? An order, enacted into Ordinance by Mayor Wellington E. Webb,
directs that 1% of any capital improvement project over $1 million undertaken by the City, be set
aside for the inclusion of art in the design and construction of these projects.
What is the assessment called?
Public Art Program
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
1% of any capital improvement project over $1 million undertaken by the City
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance. It was originally established through Executive Order by the mayor in 1988, then
voted into law by City Council in 1991
Did it require a public vote?
No.
Total money collected?
10
The public art manager currently has 25 active projects with combined total budgets of
approximately $2.5 million.
Timeline for up and running?
Does City Council need to approve the art?
No. It does so only when art is donated.
What scope of use for public art?
Reproductions, directional elements such as signage and landscape gardening are not considered
art. Works of art are located at capital improvement project site.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The money is placed in a separate funded project in each capital fund, per the ordinance. Each
such separate project shall be titled "public art repair and restoration."
Who directs the money? Is the City Manager or under a Department Head with the City?
The public art manager, who works in the department of Arts and Venues.
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Chicago, IL
Population: 2.705 million
When was it established: 1978
Total amount spent on public visual art: 698,249 in 2015.
How is public art funded? Percent-for-art ordinance
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
1.33% of the construction budget for construction or major renovation of a City-owned or City-
financed building or structure is used to commission art on location.
Projects are eligible if the construction or renovation affects 50 percent or more of square
footage of the building and every outdoor site improvement project in which there is public
access. Most of the projects are bond funded which restricts where the money can be spent.
Does this apply to private development: No.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance
Did it require a public vote? No.
What scope of use for public art? Includes all forms of the visual arts conceived in any
medium, material or combination thereof, commissioned or purchased by the city.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
Percent-for-art money is appropriated and deposited into the Public Art Program fund. It is used
solely for the commissioning or purchase of artwork, administration of the Public Art Program,
and maintenance of artwork in the Public Art Program.
No more than 20 percent of the fund allocation for an artwork shall be applied to maintenance of
that artwork and general administrative costs of the Public Art Program.
Who directs the money? Is the City Manager or under a Department Head with the City?
The Department of Cultural Affairs administers the Public Art Program.
King County, Washington (Seattle)
Background: It took over a decade for the state to pass a law that allowed counties to propose a
tax for greater access and education for arts, science, and heritage. Voter fatigue, or at least
12
population earning $25,000 or less is considered one of the five most tax-burdened low-income
1
urban groups.
The city does have a Percent-for-art program which will be discussed later.
Population: 2,117,000
Solution: A sales tax to provide more access to culture, science, and heritage education in all of
2
King County, Washington, including Seattle.
Name of assessment: The assessment did not pass a public vote. It was called King Proposition
Who championed it: King County Executive Dow Constantine announced on March 9, 2017 an
ordinance sent to the King County Council to place the proposition on the August ballot. The
Seattle Art Museum, celebrities such as Bill Nye the Science Guy, and Sen. Reuven Carlyle all
supported the tax.
Did it require a public vote: Yes, on August 1, 2017. It failed to pass, 50.9% to 49.1%. 33.7%
of registered voters participated.
Start Date: Never implemented.
Fee Schedule: Proposed 0.1 percent sales tax. This amounts to one penny for every $10. For a
household with an income of $80,000, that projected as $30 a year.
Payment method: Sales tax.
Goal of assessment: Raise money for over 350 organizations to create greater access and
education for arts, science, and heritage institutions. Their focus was to serve impoverished
-class learning experiences in every county school district,
3
along with providing students with transportation and
Legal Basis: On July 6, 2015, SHB2263 the Cultural Access Washington Program was
signed into law. It allows for the creation of local programs in a city or county that will benefit
cultural and education organizations. The funding mechanism requires approval by a majority of
1
http://www.seattleweekly.com/news/vote-yes-on-king-county-proposition-1-access-for-all/
2
https://www.seattletimes.com/seattle-news/politics/more-than-an-arts-tax-seattle-culture-and-politics-leaders-
on-the-twists-and-turns-of-prop-1/
3
http://www.kingcounty.gov/elected/executive/constantine/news/release/2017/March/09-access-for-all-
ordinance.aspx
13
the voters in the proposed area. The tax can be no higher than a 0.1% sales tax and property tax.
4
In King County, however, only a sales tax could be used.
Examples of what public funding could be used for:
reduced or free admission
expanding opportunities for diverse and underserved populations and communities
increasing public access through technology
5
building capacity of community based organizations including capital need
Breakdown of funds distribution for proposed tax:
20% dedicated to ensuring public school access to in-class programming and
cultural sites that promote art, science, and heritage. This would include transportation.
Low income families and seniors would have received free or subsidized access to almost
40 major arts, science, and heritage organizations.
The rest of the monies would be distributed to community-based and cultural
organizations that match the goals of the tax
Legally allowed funds breakdown per state law:
1.25% to create an agency to administer the funds
10% of remaining funds for public school access
70% of remaining funds for regional cultural (annual revenues over $1.25
million)
o Cannot be more than 15% of organizations annual revenues
o No less than 20% of funds must be allocated to public school access
Approximately 28% to smaller, community based organizations
Up to 8% of remaining funds allocated for the administrative expense of the public
agency handling the money
Who collects the money: King County.
Who directs the money: 4Culture the cultural funding agency for King County would award
the money through public panels and contracts.
4
https://www.culturalaccesswa.org/shb-2263-bill-summary
5
https://www.culturalaccesswa.org/shb-2263-bill-summary
14
Oversight: All recipients would need to provide continuous documentation of meeting
6
benchmarks to 4Culture. These reports would be publicly available.
Tax Revenues: Estimated $67.4 million a year
Lessons:
The regressive tax created a debate not only about the stat
7
tax would hurt low-income individuals the most the exact people it wanted to aid.
While there was no organized public opposition, resistance was not insignificant. Democrat King
County Councilmember Larry Gosset and Republican state Sen. Dino Rossi opposed it.
amidst large cuts to -justice and public-health systems terrible. It also
8
y
9
from taxpayers for big entities for white, middle-
This concern is why at least $1 million would be distributed to smaller organizations in every
district. There was substantial support for the tax though. More than $1.6 million was raised by
The already regressive tax system in King County likely made it more difficult to pass yet
another such tax.
Percent-for-art
6
http://www.kingcounty.gov/elected/executive/constantine/news/release/2017/March/09-access-for-all-
ordinance.aspx
7
https://www.brookings.edu/research/dont-buy-the-sales-tax/
8
https://www.seattletimes.com/opinion/editorials/sales-tax-for-the-arts-not-when-so-many-king-county-services-
are-struggling/
9
https://www.seattletimes.com/seattle-news/politics/more-than-an-arts-tax-seattle-culture-and-politics-leaders-
on-the-twists-and-turns-of-prop-1/?utm_source=RSS&utm_medium=Referral&utm_campaign=RSS_all
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Founded: 1973
Funding: 1% of eligible City capital improvement project funds be set aside for the commission,
purchase and installation of artworks
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
The ordinance states: Any capital project paid wholly or in part by the City to construct or
remodel any building, structure, park, utility, street, sidewalk or parking facility. The Director of
n
the project must result in an improved facility or in increased capacity (so some renovations are
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance. Legislation was enacted by the City Council.
Did it require a public vote? No.
What scope of use for public art?
Artwork projects are typically associated with specific capital projects and the art is a permanent
element of the facility. However, funds can also be used to purchase portable artworks that are
displayed throughout city offices and for temporary projects that reinforce initiatives or work of
the city. Examples include:
temporary artworks along a neighborhood greenway. The episodic artworks require
people to travel at a slower speed walking or biking in order to appreciate the art
performance artwork that explains the intricacies of the storm water system.
Artworks funded by utility funds ratepayer dollars must be on utility property, associated
with construction by the utility, or meet nexus with the mission of the utility. Seattle has also
funded artist residencies within capital departments where the artists survey the work of the
department and create an art plan that outlines how art can be a part of the work that department
does.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The money goes into a Municipal Arts Fund established by the City Treasury.
Who directs the money? Is the City Manager or under a Department Head with the City?
Other arts organizations getting money from the city? Current new media organization?
The Office of Arts and Cultural Affairs asks the City Council for authorization to use funds in
the Municipal Arts Fund. The Office also advises the department responsible for a project of the
sion, regarding the design,
execution, and/or placement of a work of art.
16
Total dollar amount collected each year?
It varies based on capital construction but has been around $3 million the past few years, per the
Public Art Director.
San Jose
Population: 1,025,000
How is public art funded?
Municipal ordinance specifying that 1% of City capital improvement project budgets be set aside
for the commission, purchase, and installation of artworks.
When was the ordinance created: 1984
Fee Schedule: What is this based on?
Budgets for capital improvement projects funded by the city or a financing district. It includes
the city's land acquisition costs, if the property was acquired for the identified capital
improvement projects.
Legal Basis: is it governed by a legal statue, ordinance, or by public policy: Ordinance. Title
22 of the San Jose Municipal Code.
Breakdown of funds: 5-year for CIP funds is $4.6 million. The Director of Public Art stated that
is largely coming from which has ended.
Did it require a public vote? No.
Private development requirement: No.
What scope of use for Public Art?
Appropriations for the acquisition of public art cannot be expended for any of
the following:
Art objects which are mass-produced and of standard design
Decorative or ornamental elements
Expenses related to the ongoing operation of the public art
Each department earmarks the funds that qualify for public art in its capital improvement
account.
Who directs the money? Is it the City Manager, Council or under a Department Head with
the City?
17
The Director of Public Art oversees the 28 accounts which are created within each department
performing capital improvement projects. The final public art acquired is approved by the city
manager or the city council, as appropriate. The recommendations of the arts commission are
taken in account.
Problems
Small stream of CIP projects
o Increase in public-private partnerships, financing districts, and turnkey
arrangements
Funding requirements were determined in an inconsistent way
o City departments made the decision on what projects are eligible to include public
art
Public Art staff was involved too late in projects
The latter two have been addressed per the Public Art Director
Recommendations
Create concrete criteria for which projects require public art funding
o Should not be at the discretion of the departments working on the project
o
funded CIP, a financing district, a grant, or a
Public Art Director needs to be consulted concerning the exemption of projects to the
above requirements
Include design fees, engineering fees and construction costs in the one percent public art
budget
Any project constructed through a Financing District mechanism where a special
assessment is imposed on the properties within the district and approved by owners and
voters within the district requires public art
The same applies for grants, and turnkey projects
Note: All information was taken from Public Art Master Plan in 2007 or the Public
Art Director, Michael Ogilvie
Per a 2015 memorandum, a Private Percent-for-art ordinance, with support from the Transit
Occupancy Tax, is being pursued.
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San Francisco
Population: 864,816
How is public art funded?
It is funded through both public and private percent-for-art ordinances.
Public: Two percent of the gross estimated construction cost of any public building, aboveground
structure, parks and transportation improvement project.
-for-
public art that equals at 1% of total construction costs.
What is this called?
The public percent-for-art
When:
Public: 1969
Private: 1985
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Public: There is no trigger of applicability by size or total value. However, there are seven
exemptions and officers, boards, or commissions may request art is not applicable.
Private: The building construction is either new or an addition of 25,000 square feet or greater in
downtown or in 15 other zoning districts.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance.
Did it require a public vote?
No.
Who directs the money? Is the City Manager or under a Department Head with the City?
Arts Commission controls the expenditure of all funds appropriated for art enrichment.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
Private: Some projects can choose to dedicate a portion of their requirement to the Public Art
Trust.
19
Portland, OR
Background
students attended a K-5 school that had no art, dance, drama or music instruction whatsoever.
10
Regional Arts and Culture Council (RACC)
Population: 639,863
Arts and Culture Funding:
$35 Arts Tax, Percent-for-art
Name of assessment: The Arts Education and Access Income Tax (Arts Tax)
Who championed it: Placed on the ballot by The Creative Advocacy Network
(www.theartscan.org), and championed by then-Mayor Sam Adams.
Did it require a public vote: Yes.
Start Date: 2012
Fee Schedule: Twice a year. It can be paid in full at one time, however.
Payment method: Online, mail-in or in-person
How is charge determined: Flat tax based on age and income.
Late Penalties:
After April 18, 2017: $15 penalty
After October 16, 2017: additional $20 penalty
Goal of assessment: Fund Portland school teachers and art focused non-profit organizations
Who must file: City of Portland residents 18 years or older who have $1,000 or more of
annual income and are in a household above the federal poverty line. Households with annual
income at or below the federal poverty level may request an exemption. If you move in or out of
Portland during 2016, you still must pay the entire $35 tax. Everyone 18 or older must file an
Arts Tax Form or Request an Arts Tax Exemption.
10
https://www.racc.org/about/arts-education-access-fund-frequently-asked-questions-and-other-resources/
20
Who is exempt: Those 70 years old or older, or disabled by December 31 of the requested
starting tax year and:
Household income is below Federal Poverty Line OR
Annual Income is less than $1,000
What if an individual lives in Portland only part time? There is no proration of the $35
tax. They would be subject to the full $35 tax if they were a resident of Portland for any part of
the year.
Collection Rate: The city has averaged 74%
Is the tax deductible? Yes, generally
Is the tax applicable to one area or the entire city? Entire city.
Legal Basis: It was approved by Portland voters in the November 6, 2012 general election
(Ballot Measure 26-146).
It has been upheld as legal by three different courts, including the Oregon Supreme Court. In
Wittemyer v. City of Portland, the Multnomah County Circuit Court ruled on June 21, 2013 that
(2) non-exempt income sources, and (3) income of individuals residing in households with
income above the federal poverty guidelines. The practical effect of the tax is to tax income of
11
Breakdown of funds distribution: Revenue Division (collects revenues
to fund essential services and provides regulatory oversight for protection of the public) collects
the tax and distributes it to six Portland school districts. RACC receives the remaining funds.
Who does RACC distribute money to? It puts the money towards three grants -- General
Operating Support, Project Grants, and Capacity Building Grants for Culturally Specific Arts
Organizations. Volunteers review applications from non-profits and suggest grant amounts to the
RACC Board.
Timeline for up and running?
It was passed in 2012 and implemented in 2013.
Who directs the money? Is it the City Manager, Council or under a Department Head with
the City?
See above.
11
https://web.courts.oregon.gov/records/sccalendar.nsf/b29dd44d01dffea088256c91005b3a5b/b28de860d4bb18
f58825803700000d82/$FILE/SC064205_360or400BRMP.pdf
21
Oversight: The Citizen Oversight Committee a group appointed by the Portland City Council
in 2012 consisting of 20 volunteers is charged with reviewing the expenditures, progress, and
outcomes of the Arts Education & Access Fund and reporting their findings annually to City
Council.
Why a flat tax instead of a property tax? A bill added to the property tax will not know how
many adults live in the household or building.
Tax Revenues:
2015: $9.8 million
C HART FROM RACC.ORG
In 2016-17, RACC was provided $3.3 million in arts tax money, $1.35 million more than 2015.
Positive Results:
All elementary schools have at least one art, music, or dance teacher on staff
o 91 teachers total
Funds one arts specialist for every 500 students
12
has risen from $6 per capita to $9.38
Lessons:
12
http://www.oregonlive.com/opinion/index.ssf/2017/10/portlands_arts_tax_is_a_good_d.html
22
13
Portland has exceeded a voter-mandated 5% cap of collected revenue (averaged over five years)
on administrative expenses. Since 2013, it has averaged 7.7 percent administering the tax. In
more recent years, it is closer to nine percent. Consequently, nearly $1 million was diverted from
2012-2015. Furthermore, RAAC has received between $1.4 million and $2.2 million less than
planned each year.
The issue is further compounded because the city has less money than expected (due to a low
collection rate) to use to convince citizens to pay the tax. This includes mailing reminders.
Furthermore, a rush of last-minute payments caused the website to crash in its first year.
ome
14
There have been suggestions from City Council members to move the administrative cap up to
12 percent, remove it all together, or cover the expenses over five percent with money from the
general fund. That would take money away from other areas, however. Consequently, any city
proposing such a tax needs to project an accurate percentage of how much of the tax will go to
administration/collection of it.
ask the
the frustration with the tax.
An arts tax needs to be administered carefully. Portland is still debating it in the press four years
after its implementation. Its central promise of funding arts teachers for elementary students is
15
Percent-for-art
Name: Public Art Program
How is public art funded? Two percent of the total eligible costs or two percent of the total
eligible funds of all improvement projects (whichever is less) to the selection, acquisition,
13
http://www.portlandmercury.com/news/2017/09/20/19330745/the-arts-tax-is-broken
14
http://www.portlandmercury.com/news/2017/09/20/19330745/the-arts-tax-is-broken
15
http://www.portlandmercury.com/news/2017/09/20/19330745/the-arts-tax-is-broken
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fabrication, installation, maintenance, management, deaccessioning, community education,
documentation and registration of Public Art.
artworks in outdoor public sites to serve as catalysts for conversations about art and/or
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community issue This program is funded through a
contributions through the Floor Area Ratio (FAR) Bonus Program. Developers receive a zoning
bonus in exchange for providing artworks that are accessible to the public.
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Any project in which a participating bunds equals $50,000 or
more for the construction, rehabilitation, remodeling, improvement or purchase for a public use
of any building, structure, park, public utility, street, sidewalk or parking facility.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance.
Did it require a public vote? No.
Timeline for up and running?
When the program was expanded from one percent to two percent in 2006 it took a couple of
years to implement that change per the Director of Public Art.
What scope of use for public art?
The selection criteria are based on artistic quality, context, media, longevity, public safety,
diversity, feasibility and a lack of duplication. It is the intent that site specific artwork remains on
location, however, it can be moved.
Public Art means original artwork which is accessible to the public and/or public employees, and
which has been approved as public art by the Regional Arts and Culture Council (RACC).
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
It goes into a Public Art Trust Fund.
Any City of Portland official or employee acting on behalf of a participating bureau who
authorizes or appropriates expenditures for a CIP disburses to RACC a monetary contribution for
2% of the total eligible costs or 2% of the total eligible funds of the CIP, whichever is less.
Funds go into three categories: (1) artwork acquisition; (2) project management and public
outreach; (3) ongoing care and conservation.
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https://racc.org/public-art/public-art-program-overview/
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Breakdown of expenditures:
2008 1,071,458
2009 814,405
2010 1,154,715
2011 1,161,940
2012 2,130,646
2013 1,801,497
2014 940,401
2015 1,379,314
2016 1,079,245
2017 1,213,726
Breakdown of fund allocations:
63 percent for acquisition, fabrication, and installation of Public Art.
27 percent for selection, project management, community education and registration of
Public Art.
10 percent for the maintenance, conservation and deaccessioning of Public Art.
Who directs the money? Is the City Manager or under a Department Head with the City?
RACC is the nonprofit that administers the program. Within the organization, the Public Art
Advisory Committee oversees the program with final approval from the RACC board.
Sacramento, CA
Population: 495,234
Per Capita: Without considering the funds gained from a percent-for-art ordinance, a minimum
of $650,000 was pledged to arts and culture in 2016-17. The total revenue amount from the
percent-for-arts ordinance was requested but denied because the time it would take to provide
that information was considered too consuming by Sacramento.
How is public art funded? Art and culture are funded several ways.
1. 2% for art city and county ordinance
2. Percentage of a transient occupancy tax (TOT)
3. General fund money from the city and county
City and County ordinances and a Memorandum of Understanding specify 2% of eligible City
and County capital improvement project budgets be set aside for the commission, purchase, and
installation of artworks throughout the City.
There is no similar formal ordinance for private development. However, contract negotiations of
developers using city land often include agreements to fund or place public art on or offsite.
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The county allocated $436,000 from TOT for the following:
1. 2017 CAA Grant Program: $286,000
2. Art in Public Places program: $50,000
3. FY2016/17 Arts Commission administration: $100,000
The Arts Commission re-allocated some of this money to get the following totals:
1. 2017 CAA Grant Program: $450,000
2. FY2016/17 Arts Commission administration: $200,000
3. App: ?
Fee schedule: What is this based on? Building permits, assessor tax base or total value? The
2% city and county ordinance is based on ?. TOT is a 12% tax charged for all people who
exercise occupancy at a hotel in the City of Sacramento
"Eligible Construction Project" means any capital project paid for wholly or in part by the City
of Sacramento or the Parking Authority of the City of Sacramento to construct or remodel any
building, decorative or commemorative structure, parking facility, recreational facility, or any
portion thereof, located on city property within the limits of the City of Sacramento, provided
that the source of funds for such project(s) is not restricted by law or regulation as to its use for
artworks.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
2% for Art Ordinance: City and County ordinances and a Memorandum of Understanding
TOT: City Code
What scope of use for public art?
The APP administrator stated there were no strict guidelines for Art in Public Places, except that
art could not be objectionable and an emphasis was placed on work that could survive outdoors.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The city uses a cost recovery system in which 18% of the revenue from the 2% fee is designated
to be used for administration costs. Dianne Cripe, the Art in Public Places Administrator, does
not suggest this because it limits flexibility particularly as the level of funding differs each year.
Who directs the money? Is the City Manager or under a Department Head with the City?
T
Art in Public Places Committee, a sub-committee of the Sacramento Metropolitan Arts
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Commission approves artist selection and projects. It makes these decisions in conjunction with
other departments, however.
Do capital projects need to be a certain size for the 2% for Art requirement to apply?
I understand a cost recovery system is used. Does that money go into a specific art fund?
After the Arts Commission re-allocated money from the Transient Occupancy Tax, was any
money from it used to fund Art in Public Places?
Pittsburgh (Allegheny County), PA
Pittsburgh population: 303,625
Allegheny County: 1.23 million
How is art and culture funded?
Public Art: Percent-for-art
Arts and Culture: One-half of the 1% Alleghany County Sales and Use Tax
One-half of the 1% Alleghany County Sales and Use Tax
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
One-half of the 1% Alleghany County Sales and Use Tax
Fund breakdown: RAD grants are distributed to civic, cultural and recreational entities,
libraries, parks and sports facilities. Twelve percent goes to arts and culture organizations.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
The Allegheny Regional Asset District (RAD) is a special purpose area-wide unit of local
government that was authorized by an act of the Pennsylvania Legislature (Act 77 of 1993).
Timeline for up and running?
The act was passed in 1993 and implemented in 1995.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
Half goes to the Regional Alleghany Asset District. The other half of the tax is paid directly to
the County and municipal governments by the State Treasurer.
Who directs the money? Is the City Manager or under a Department Head with the City?
RAD grants are distributed to civic, cultural and recreational entities, libraries, parks and sports
facilities. The distribution is made by a Board of Directors composed of four persons appointed
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by the County Chief Executive, two appointed by the Mayor of Pittsburgh and one person
elected by the six appointees.
Pittsburgh Percent-for-art Ordinance
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Total value. One percent of any municipal construction or renovation of public buildings is
reserved for public art. The department in charge of the project, however, decides if public art is
desirable, however.
Private Percent-for-art:
No.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance.
Did it require a public vote?
No.
Timeline for up and running?
The ordinance was passed in 1977.
What scope of use for public art?
Percent fort Paintings, mural decorations, statues, bas-reliefs, sculptures, monuments,
fountains, arches, ornamental gateways and other structures or items of a permanent and fixed
ccording to
the ordinance.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The money is not placed into a separate fund. One percent of the total budgets of projects are
used on art.
Who directs the money? Is the City Manager or under a Department Head with the City?
The Arts Commission and the leader of the City department collaborate to choose what and if
artwork is appropriate. The Mayor makes the final decision if there is a dispute.
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Fremont, CA
Population: 233,136
How is public art funded? Two ways:
Art in Public Places: One percent of the budget for public projects is set aside for public
art.
Public Art in Private Places: Artwork located and financed by private developers
Installation of outdoor art on public property on a temporary basis
o Costs of installation and subsidy to the artist are paid for by business interests
o Coordinated by the city
o At present this private/public support for art in public places has been funded for a
10-year period, with art to be rotated every 2 years.
Date of adoption: 1987
What is this called: Art Fund.
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
For Art in Public Places, one percent of the projected costs of public building and park projects
are allocated for art that are greater than $1,000,000 and are not for low or moderate income
housing projects that are infeasible to provide artwork.
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construction, with options to build art on-site in- Each district
currently pays $0.52 per square foot.
For projects greater than 100,000 square feet, the developer has the option of installing art in-lieu
of paying up to 50 percent of the fee.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
City policy.
Did it require a public vote?
No.
What scope of use for public art?
For Art in Public Places, it means any visual work of art displayed for two weeks or more in a
city-owned area. Artwork includes but is not limited to:
Sculpture
Monument Mural Fountains
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https://fremontcityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1476&MediaPosition=&ID=2
878&CssClass=
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Relief Ceramic Wood
Fresco Weaving
Metal
Carving
Painting
Plastic
Stained-glass
Mosaic
It does not include landscaping, signage, or architectural ornamentation.
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This can include
art, music, dance, literary readings and other events.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The money goes into a public art fund if not art is not created onsite.
Who directs the money? Is the City Manager or under a Department Head with the City?
The public art fund is maintained by the City (who)
Art Review Board is responsible for recommending a selection to the Recreation Commission
who then makes a recommendation to the Fremont City Council. Its decisions are final.
For private projects, the community developer is authorized to approve on-site artwork.
Who maintains the public art fund within the city?
Sunnyvale, CA
Population: 152,771
How is public art funded? Three ways:
1% of capital improvement projects
1% of Art in Private Development designates one percent of development project funds
to support artwork in the community. Private developers can choose to incorporate art
into their projects or contribute to the Public Art Fund.
General fund to support performing arts program
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https://fremontcityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1476&MediaPosition=&ID=287
8&CssClass=
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Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Capital Improvement Projects: Project with a valuation of $1 million or more is subject to the
requirement. Underground, utility, streets, trees, and other projects are excluded.
Private Development: 1% of projects at a major intersection, lots of two acres or more, and
phased projects. Developers can pay an in-lieu at the discretion of the Director of Public Works.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Council policy.
Did it require a public vote?
No.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The money goes into the general fund but it is dedicated to public art. The City has accumulated
approximately $300,000 in the Public Art Fund.
Who directs the money? Is the City Manager or under a Department Head with the City?
The Public Art Fund is administered by the Department of Library and Community Services and
receives funding through in-lieu fees for art. City Council does need to approve specific art
proposals.
What scope of use for public art?
Public Art Funds can be used to support art projects on public property, in public buildings that
are highly trafficked, and at city gateways.
Developers should use one type of art unless the arts commission agrees to more. The art should
not be reminiscent of a corporate logo, be a reproduction, be directional, mass produced, or be
landscaping and gardening.
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Santa Clara, California
How is Public Art funded: City Council approves budget every year for both the Cultural
Commission and the Triton Museum. They are line items from the general fund.
City Population: 125,948
Total Funding Amount: $374,560 (2017-2018)
Cultural Commission: $85,000
Triton Museum: $289,560
Public art funding per capita: $2.97
Who directs the money: Cultural Commission and Triton Museum, respectively, after the City
Council provides their funds.
Distribution of Art Funds By Cultural
Commission (2017-18)
30000
25000
External Groups
20000Public Art
Festivals
15000
Utility Box Art
10000Performing Arts in the Park
Supplies, travel, conferences
5000
0
Breakdown of funds:
Cultural Commission Total: $ 76,465
o Chalk Art: 1,000
o Event Development/International Village: 15,108
o Keep Santa Clara Clean: 1,500
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o Performing Arts: 13,200
o Santa Clara Art in Public Places: 8,000
o Santa Clara Ballet: 10,000
o Santa Clara Players: 5,850
o Santa Clara Chorale: 5,000
o Street Dance: 11,332
o Supplies/Miscellaneous: 1,475
o Conferences: $ 12,514
Triton Museum Total: $289,560 (all general operations)
Legal Basis: is it governed by a legal statue, ordinance, or by public policy: N/A. The
funding amounts are at the discretion of the City Council.
Other notes:
a flat tax to raise money for public art.
San Mateo City, CA
Population: 103,959
How is public art funded? Ordinance establishing the Art in Public Places Program
When: Passed in 2005
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Total value of project. San Mateo's ordinance calls for a .5% building permit fee to be used
directly by the developers to commission and install their own art in publicly accessible places
within projects that are valued at or greater than $3 million, or to provide the City the required
in-lieu fee that then is reserved for City acquisition, installation and maintenance of public art.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy? Ordinance
Did it require a public vote?
No. As part of the Municipal Code, however, it went through standard introduction and approval
public hearings.
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Why: To promote the
What scope of use for public art? All forms of visual art may be considered. Works may either
be portable or permanently attached.
Who directs the money? Is the City Manager or under a Department Head with the City?
The Civic Arts Committee is the City Council advisory body that directs use of funds within the
limits of the ordinance and regular procurement financial procedures, such as City Council
approval for acquisition or expenditures greater than $100,000.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The Art in Public Places Program is set up as a Capital Improvement Project. Therefore, the
funds are deposited into the revenue account for that project. It is not part of the General Fund.
The Community Development Department manages that program and funds working with the
Finance Department.
Results: As of April 2016, the total obligation to public art exceeds $2.8 million through this
program. That includes both $1.8 million directly through the ordinance and the $1 million of
public art support from the Bay Meadows development agreement.
Timeline for up and running?
running!! The reality is that although a committee was formed and appointed rather quickly, for
all intents & purposes, there was no substantial activity for many years due to the recession and
The first two projects included a mural and the payment of in-lieu fees in 2010. Development
projects became more common in 2014 though. The establishment of the program was also
hindered by staff turnover there were four different people who handled the program between
its inception in 2005 and 2014.
Lessons:
obligation amount until the permit or all permits of a larger phased project have been issued.
This can be problematic in tracking and assuring that all projects who are obligated are notified
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Newport Beach, CA
Population: 86,688
How is public art funded? It is not. It used to be funded through unallocated funds from
developer agreements. Since the fund was created in 2013, $650,000 had accumulated.
Now public art is funded primarily through the General Fund and occasionally through Transient
These funds are not necessarily allocated to art; they can be used for parks, beautification efforts,
events, etc. Below is a chart of cultural arts grants awarded in 2016/2017.
Cultural Arts Grants: Nine grants for a total of $40,000
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
The fee schedule was 2% of the unallocated public benefit fees received by the City. Developer
agreements. In August 2017, the Newport Beach City Council removed Council Policy I-13,
funds to other needs in the City.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
City council policy.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The Public Art and Cultural Facilities Fund shall be maintained separate from all other City
funds.
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Who directs the money? Is the City Manager or under a Department Head with the City?
City council also hands out grants to organizations?
The City Council reviewed and approves all expenditures of the Public Art and Cultural
Facilities Fund.
Redwood City, CA
Population: 84,950
Per capita public art funding: Roughly $0.94. This number just includes the percent-for-art
ordinance money collected yearly.
How is public art funded? Percent-for-art
When: Passed by the City Council on June 27, 2016.
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
City contribution:
percentage of the Capital Outlay Fund shall consider any funds earmarked for another purpose
when calculating such percentage.
Commercial contribution: It is based on size. Any commercial development projects over 50,000
square feet are required to provide publicly visible art on-site that is equal in value to at least one
-
lieu fee, which will be deposited in the art in public places fund.
Did it require a public vote?
No.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance. City Council passed the policy. There was no public vote, however, the City had to
publish a public hearing notice.
What scope of use for public art?
Art means and includes most paintings, sculptures, etc. but not elements that are mass produced
such as signage or benches. The art must be visible to the public for at least forty hours a week.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
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The money is pl
Who directs the money? Is the City Manager or under a Department Head with the City?
The Civic Cultural Commission reviews and suggests how the Art in Public Places Fund money
can be used. The City Council approves or denies the acquisition or creation of the public art.
Money collected?
The CIP one percent requirement has provided about $80,000 a year for public art. There have
been no funds yet coming from commercial development.
Timeline for up and running?
conversations gain more momentum as support for public art by numerous stakeholders and
public comments for more funding grew.
Santa Fe, NM
Population: 83,875
Start of public art ordinance: 1985
How is art funded?
It is funded through a two percent-for-art ordinance on capital construction projects and money
The LT is for the marketing and promotion of nonprofit arts activities;
not public art
What is the assessment called?
Cultural Investment Funding Program.
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Lodgers Tax: The tax amount is 7 percent. Ultimately, the Arts Commission received $1,142,857
of that in 2015.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Funding for the Cultural Investment Funding Program is authorized by the City of Santa Fe
Ordinance No. 1987-
How is the tax collected?
Did it require a public vote? No.
What scope of use for public art?
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It does not include reproductions, mass produced items, signage, landscape, decorative, art
exhibitions or educational activities.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
The 2% goes directly into a designated fund that is managed by the Tourism department. The
funds are strictly held there and cannot be moved.
Who directs the money? Is the City Manager or under a Department Head with the City?
Other arts organizations getting money from the city? Current new media organization?
Implementation of the Art in Public Places program is the responsibility of the Santa Fe Arts
Commission, through the Art in Public Places Committee. Arts Commission staff serves as
program liaison and manager for public art projects.
Mountain View, CA
Population: 77,846
How is public art funded? City policy requires that one percent of the budget for all major
public projects ($1 million or more) be devoted to art.
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Total value. Projects that are $1 million or more.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
City policy.
Milpitas, CA
Population: 77,528
Funding per capita:
How is public art funded?
1 percent of private building development costs
Date: 2015
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Size. Commercial development projects over 2,000 square feet and residential projects with more
than 20 units are required. An in-lieu payment can also be made with approval
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance.
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Did it require a public vote?
No, city council vote.
What scope of use for public art?
riginal works in publicly accessible spaces that include but are not limited to paintings, mural
decorations, inscriptions, stained glass, fiber work, statues, reliefs or other sculpture, monuments,
fountains, arches, or other structures intended for ornament or commemoration, carvings,
frescoes, mosaics, mobiles, photographs, drawings, collages, prints, crafts both decorative and
utilitarian in clay, fiber, wood, metal, glass,
ordinance.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
Milpitas Public Art Fund.
Who directs the money? Is the City Manager or under a Department Head with the City?
The Arts Commission makes recommendations to the City Council.
Union City, CA
Population: 77,846
How is public art funded? City and private percent-for-art requirements. Projects where such
art installations are not feasible shall be required to pay an equivalent in-lieu fee into the Public
Art Fund.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
Union City Public Art Fund.
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
Private building developments with costs over $250,000.00 require 1% of the total cost for
acquisition and installation of public art onsite.
Private building developments with costs over $2,000,000 are required to dedicate 33.3% of the
1-% requirement for public art to the Union City Public Art Fund.
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At the discretion of the City Council, and in lieu of developing an on-site public art work, an Art
in Public Places in-lieu contribution may be placed into the Union City Public Art Fund for
acquisition and placement of public art throughout the City.
The Art in Public Places Program obligation does not apply to private developments of fewer
than eight residential units. For purposes of this paragraph, "residential units" includes "live-
work" units.
Public developments
Building developments by the City costing over $250,000 require 1% of costs be used onsite.
Palo Alto, CA
Population: 67,024
How is public art funded? It is funded through two separate sources. One is a 1% CIP
ordinance. The other is a 1 percent requirement for private development to produce art work on
site. Developers can also pay an in-lieu fee.
Founded: CIP 2005. Private 2013.
What is the assessment called?
Fee schedule: What is this based on? Building permits, assessor tax base or total value?
One percent of capital improvement program budget is set aside for public art. All CIP projects
are subject to this policy, except 13 types of projects.
Private Developments:
o Commercial developments that have a floor area 10,000 square feet or more and a
construction value of $200,000 or more.
o All new residential projects of five or more units
o Does not apply to: religious buildings, historic renovations, affordable housing,
municipal facilities, repairs from natural disasters, seismic retrofit projects
Projects that meet the above requirements must pay the in-lieu fee or install onsite public art
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance.
Did it require a public vote? No for both.
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Timeline for up and running?
The private development ordinance was introduced on November 12, 2013 and passed on
December 2, 2013.
What scope of use for public art?
-scale and may include sculpture, painting, installations,
photography, video, works of light or sound, or any other work or project determined by the
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
CIP: Funds are identified during the budget cycle and are allocated to the Public Art Program at
the beginning of the new Fiscal Year. The funds are deposited into the Public Art Fund.
For private development, money that is paid in-lieu goes into the Palo Alto Public Arts Fund.
Who directs the money? Is the City Manager or under a Department Head with the City?
For private development, the fund is maintained by the Chief Financial Officer.
CIP: The City Manager or designee, in consultation with the Public Art Commission, determines
sites. For projects in which art will be integrated on site, the project manager, in consultation
with the public art manager, will determine the final public art plan.
Yearly Funding:
Private: $110,000-351,000 collected a year
CIP: 80,000-120,000 collected a year
Notes: More than 48 cities in California have a percent-for-art requirement for private
developers, said Elise DeMarzo, staff liaison for the Public Art Commission. Santa Monica,
which is similar in population to Palo Alto, recently structured its program to apply to
commercial projects larger than 7,500 square feet, residential developments of five units or more
and remodels larger than 25,000 square feet.
Santa Cruz, CA
Population: 64,465
How is Public Art funded: 1% of capital improvement projects. Annual appropriations for
public art are calculated in retro by averaging the dollar amount spent on capital improvement
projects in the past three years. Consequently, past projects are paying for current public art. The
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It also receives roughly $200,000 a year from economic development through the general fund.
Legal Basis: Is it governed by a legal statue, ordinance or by public policy?
Ordinance
Ordinance Application:
Projects that are not maintenance.
Scope of Public Art: The public art must serve the mission of the fund.
Percent-for-art funds must have a nexus to the source of the appropriated funds. For example, if
the source of the funds is a refuse related project, the art funded by that project must provide
rogram and Art
Selection Guidelines). Public art is considered items not of standard manufacture.
Where does the money from the assessment go? Into the general fund or a separate
account? Through what department or agency at the city?
Once appropriated by the City Council, public art moneys are transferred by the City manager or
his or her designee, into a designated public art fund. An amount up to twenty-five percent of the
public art funding is set aside in a separate account within the public art fund for program
administration activities as deemed appropriate.
Who directs the money?
The arts program manager.
Cupertino, CA
Emailed Catarina
Population: 60,643
How is Public Art funded: An ordinance stating that .25 percent of the entire private
construction valuation with a $100,000 cap.
The minimum expenditure for the artwork, including but not limited to design, fabrication, and
installation, is one-quarter of one percent, with an expenditure cap of one hundred thousand
dollars, or such minimum expenditure and/or expenditure cap that is set forth in the Cupertino
General Plan.
Fee schedules:
Any development of fifty thousand sq. ft. or larger involving construction of new buildings
and/or the expansion of existing buildings.
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Scope of Public Art:
Sculpture:
Painting
Graphic arts
Mosaics;
Functional artwork created by a professional artist, such as benches, tree grates or trash
receptacles
Application Requirements:
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The Fine Arts Commission shall review for approval the public art application and artwork
Public Vote Required:
No.
Is City Council approval needed for a piece of art to implemented?
No.
Does the percent-for-art requirement apply to capital improvement projects as well?
No.
Gilroy, CA
Population: 55,069
How is Public Art funded: Private donations or the City Council allocates funds for a specific
project.
No public art funding is directly or automatically tie
It is decided on a case by case basis. There is not any ordinance or requirement that stipulates
Could this change: City is currently updating its General Plan and that could change soon.
Morgan Hill, CA
Population: 44,155
How is Public Art funded: The City does not have an ongoing mechanism for funding new art.
Art acquisition is opportunity based on and usually coincides with other public infrastructure
project development (parking structure art funded by former RDA proceeds, park art funded by
Park Impact funds, etc.).
How is maintaining public art funded: General fund dollars.
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Campbell, CA
Population: 40,939
How is Public Art Funded: Public art will be required when design and construction of a City
project is on a development site exceeding one acre in size and more than $25,000. The city has
also started a Pilot Grant Beautification Program in which grants between $500 and $5000 are
given to beautify the community. Loans and gifts of artwork can also be accepted.
Capital Improvement Projects
Art Review Requirement: A Public Art Review Committee comprising of staff from the
Departments of Public Works, Recreation and Community Services, and Community
Development will lead the public art review requirement of a capital improvement project or
renovation project. A public art expert should also be a committee member.
Requirements: If the Civic Improvement Commission determines that the proposed installation
of public art would have an impact on the Campbell community, the Commission may hold a
public meeting for community feedback.
Public Art Application: The Civic Improvement Commission is the lead advisory body to the
City Council on reviewing and making recommendations to the Council on proposed public art.
The Council makes the final decision regarding art and location.
Local Preference: Applicant artists from Campbell should receive preferred consideration.
Legal basis? Council Policy.
Public vote? No.
What is the requirement? There is no specific percentage requirement. Public must simply be
included in the project.
Where does the money go? There is no separate fund.
Who directs the money?
Private percent-for-art? No. The City Council considered it but did not want to create an undue
burned on businesses or developers.
"Art Outside the Box" Utility Box Art Program: Costs are 100% funded through
sponsorships and individual donations by residents, businesses, civic and other non-profit
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organizations.
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http://www.cityofcampbell.com/618/Art-Outside-the-Box
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Pilot Beautification Grant
Goal: Provides grant funds to support Campbell neighborhood groups, small businesses and non-
profit organizations (e.g. schools, churches, etc.) in building strong relationships around a
community-driven initiative
All projects must:
Support community goals
Be highly visible from the public realm (i.e. visible from street/curb)
Have a community benefit
Be within city limits
Grant Funding Options: Two grant funding options are available.
1. Level 1 grant valued between $500 and $1,500 (no matching requirement)
2. Level 2 grant valued between $1,501 and $5,000 (1:1 match required)
Matching resources may include the following: Cash, donated or discounted materials or
services
Funding: Money for this pilot program has been appropriated by the Campbell City Council for
FY2016-17.
Application Review and Project Selection Criteria: Applications are selected based on
meeting eligibility criteria used to calculate a weighted score (100 possible points). There are
three additional criteria that can be met to gain 15 bonus points. To be considered for funding,
the project must score a minimum of 60 points.
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Applications will be evaluated based on the following criteria:
Community benefit
Applicant participation
Community Impact and need
Feasibility of project implementation
Support community goals
Be highly visible from the public realm (i.e. visible from street/curb)
Be within city limits
A majority vote by the CIC will approve, deny or table applications. City will issue
reimbursement based on final proof of costs and physical inspection by City staff of completed
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work.
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