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Meeting Date: September 23, 2003

Subject/Title: Waive second reading of Ordinance #760 amending Chapter 2.44 Arts Commission to amend officers, poet laureate, and Public Art Program.

Submitted by: Craig D. Bronzan, Director of Parks and Recreation

Approved by: John Stevenson, City Manager

Waive the second reading of Ordinance #760 amending Chapter 2.44 Arts Commission to amend officers, poet laureate, and Public Art Program.

City Council approved Chapter 2.44 Arts Commission of the municipal code on September 12, 2000, which established the present Arts Commission.

The Brentwood Arts Commission had a workshop with City Council on June 12, 2001, to discuss their 2001/2002 goals and work plan, which included consideration of a Public Art Program.

The Brentwood Arts Commission met with City Council on October 22, 2002 to discuss their 2003 work plan, which once again, centered around the consideration of a Public Art Program.

The Brentwood Arts Commission and City Council had a joint workshop on November 26, 2002, to discuss the specifics of how a Public Art Program might work.

A proposed ordinance was considered in a public hearing at the August 26, 2003 City Council meeting. After closing the public hearing, City Council discussed the item and directed staff to bring the item back for reconsideration at the September 9, 2003 City Council meeting.

City Council introduced and waived the first reading of Ordinance #760 Chapter 2.44 Arts Commission to amend officers, poet laureate, and Public Art Program on September 9, 2003.

At the September 9, 2003 City Council meeting, the Arts Commission presented a proposed amendment to Chapter 2.44. Arts Commission which made revisions to the section on Officers, created a section for Poet Laureate, and the development of a section for a Public Art Program. As a result of the discussion, City Council introduced and waived the first reading of Ordinance #760 as presented.

To preserve the history of the discussion and action related to this item, staff is including the following as was presented in the September 9, 2003 staff report. However, there is one change in the staff report. It was anticipated that the Master Fee Program would be brought
back for a public hearing to establish the fees for the Public Art Program at the September 23, 2003 City Council meeting. As the fees necessary to implement the program change the Development Fee Program, the posting requirements for a public hearing are longer. As a result, staff will be bringing back a public hearing on the Master Fee Program for the fees to implement the Public Art Program at the October 14, 2003 City Council meeting.


In an attempt to try and simplify the discussion of the proposed amendment, staff has divided the discussion of the proposed changes to Chapter 2.44 Arts Commission into four parts:

• Revisions to section 2.44.60 Officers
• Addition of new section 2.44.190 Poet Laureate
• Development of section 2.44.180 Public Art
• Proposed “Public Art Guidelines”


The Brentwood Arts Commission is in its third year of existence. As the Commission has evolved and increased in both numbers of commissioners and responsibilities as a result of many new programs, the Brentwood Arts Commission is recommending revisions to 2.44.60 Officers by adding the position of past-chairperson. This recommended revision will preserve the experience of the chairperson for a year after they move out of the chairperson position and increases the number of the executive committee from two to three.

The Commission is also recommending that the terms of vice-chairperson, chairperson, and past-chairperson turn over each year automatically. If approved, the Commission would elect a vice-chairperson each year, with the vice-chairperson from the current year automatically moving to the chairperson position, and the chairperson automatically moving to past-chairperson.

A final recommended change would allow the executive committee to authorize expenditures up to $500, by majority vote, between Commission meetings, with final approval by the Commission at the next meeting. The Commission only meets once a month and there are times when a small purchase is necessary for a Commission sponsored program. Currently, the Commission cannot expend funds without the item being voted on and approved at a Commission meeting. With the ongoing programs the Commission is running, this inability to take care of small items when a situation occurs causes problems. This recommendation would allow the executive committee to authorize an expenditure for City staff to process, not to exceed $500, with final approval by the Arts Commission at their next regular meeting.


City Council approved the establishment of the position of Poet Laureate on October 8, 2002. Approval of this recommendation will update the ordinance to include establishment of this position as a new section.


The Brentwood Arts Commission is recommending the development of section 2.44.180 Public Art to move forward with requirements to include public art as it relates to development in Brentwood.
• Move forward with requirements for public art to be included in public projects (Capital Improvement Projects) and residential development as outlined in the proposed ordinance, but remove the requirement as it relates to commercial and industrial projects. The Arts Commission is recommending that City Council refer consideration of public art on commercial and industrial projects to the Economic Development/ Redevelopment subcommittee or another appropriate subcommittee for consideration. As the City is still in its infancy related to commercial development, the Arts Commission feels there is adequate time to consider this item separately, with a recommendation returning for City Council at a later date.
• In researching what other cities do related to remodeling, repair or reconstruction of public or residential, most cities who have percent for art programs make this requirement only on projects that have a remodeling, repair or reconstruction value of over $250,000. As a result, the Arts Commission will be recommending, through approval of the Master Fee Program, that remodeling, repair or reconstruction of a public or residential project only be required to participate if the value is over $250,000.
• Approval of the ordinance will not approve the fees necessary to carry out the program, as there is a requirement to update the Master Fee Program through a public hearing to establish fees. Therefore, the ordinance references the approved Master Fee Program, which will be brought back to City Council for a public hearing on October 14, 2003.

As a short overview of the Public Art Program recommendations, which need to be approved first as an Ordinance (September 9, 2003) with a second reading on September 23, 2003, followed by a revision to the Master Fee Program (October 14, 2003):

• The program would require new public projects (over $100,000) to include one percent (1%) of construction costs toward art as defined
• In-lieu contributions equal to one and one quarter percent (1.25%) of construction costs would be allowed if it was decided that project would not include public art
• Remodeling, repair, or reconstruction of existing public or residential property would be a part of the program if the project is over $250,000 in remodeling, repair, or reconstruction costs
• Residential developments would be required to pay four tenths of one percent (.4%) of construction costs as defined
• A Municipal Arts Fund would be established to track project money
• Upon approval, it is recommended that the program start at 50% of the recommended fee, with the full fee effective July 1, 2004.

If City Council approves the Ordinance, staff will bring back the Master Fee Program for a public hearing on October 14th to approve the fees. Implementation will be for all “new” CIP and residential projects that are approved after the effective date of the Master Fee Program.

As all residential projects in the past year have had a condition of approval to include an art element in conjunction with the Arts Commission, and current CIP projects have already been budgeted, this ordinance and the fee revision should apply only to new projects that are approved after approval for the Ordinance and fee.


The Public Art Guidelines are the “how we will implement” the public art ordinance. As the recommendation at this time is to require art in public (CIP) and residential projects, the guidelines are set up to lay out the ground rules for implementation of the program as it relates to creation of new CIP projects and new residential subdivisions.

The highlights of the guidelines are:

• The Arts Commission will present to City Council for approval, a budget and design approach for each project
• Eighty percent (80%) of the fee shall be used for the art component
• Twenty percent (20%) of the fee shall be used for administration of the projects and program
• Eligible artwork is defined, with an emphasis of professional artwork that is designed as a part of the project from the beginning, which can include decorative, ornamental, functional elements, architecture, and/or landscape gardening when these are included in the design from the beginning with an artist
• The City Council approves all final plans and expenditure of funds and has representation on the Public Art Subcommittee that makes final recommendation for City Council approval
• The Brentwood Arts Commission works with each project to develop recommendations to City Council for approval
• The Brentwood Arts Commission is responsible for set up the artist selection jury as outlined
• The Brentwood Arts Commission will review, at least every ten years, the public art collection and has set guidelines for how to accept gifts or loans of artwork

The action before City Council as it relates to Ordinance Chapter 2.44 Arts Commission, is as follows:

Staff recommends approval of the changes to section 2.44.60 Officers and the addition of section 2.44.190 Poet Laureate for the betterment of the Arts Commission.

Staff recommends approval for section 2.44.180 Public Art and the Public Art Guidelines, and recommends staff to return on October 14, 2003 for consideration of a resolution to revise the Master Fee Program for the implementation of the ordinance.

City Council action to approve the Public Art ordinance will not establish the fees necessary to implement the program. If the ordinance is approved, the Master Fee Program will be brought back as a public hearing item on October 14, 2003 for revision that will establish the fees for the program.

For consideration on October 14th, the Arts Commission will be recommending a 1% for art on public projects and .4% for residential developments. Approval of the Public Art Program fees would provide the funds necessary to implement the program, with 80% of the proposed fee to cover artwork and related expenses as outlined in the Public Art Guidelines and 20% set aside for administration. Additionally, the program requires the Arts Commission to identify the ongoing maintenance costs and how they will be paid for prior to approval of the project by City Council.

Upon approval, implementation will be recommended to start at 50% of the approved fee, with the full fee effective July 1, 2004. It will also be recommended that upon approval, the ordinance and fees only apply to “new” public and residential projects.

In trying to project the possible financial implications of the Public Art Program, staff has deferred to the 2003/2008 City of Brentwood Capital Improvement Program final budget. Though the 2004/05 fiscal year is only a projection and not an approved budget allocation, the following assumptions are utilized:

Residential Projects - proposed at .4%
2004/05 CIP Plan Building Permit Projection 900 (single family units only)
Estimated single-family construction costs $250,000

Revenue in 2004/05 at .4% for residential development
900 units x $250,000 x .4 = $900,000

Applied toward artwork: $900,000 x .80% = $720,000
Applied to administration: $900,000 x .20% = $180,000

Public Projects – proposed at 1%

2004/05 CIP Plan funded projects* – construction costs $14,897,469

Revenue in 2004/05 at 1% for public projects
$14,897,469 x .01 = $148,975

Applied toward artwork: $148,975 x .80% = $119,180
Applied to administration $148,975 x .20% = $ 29,795

* Projects listed in 2004/05 CIP as a new project, construction costs only, over $100,000 in
value, with an identified source of funding.

Public Art Guidelines
Survey of cities that require public art



WHEREAS, the City Council adopted Chapter 2.44 of the Municipal Code for the establishment of an Arts Commission; and

WHEREAS, the Arts Commission’s objective is to encourage, stimulate, promote, and foster programs for the cultural enrichment of the City; and

WHEREAS, the Arts Commission has discussed with City Council the need to encourage public and private development to include public art in their projects; and

WHEREAS, the Arts Commission recommends an amendment to Chapter 2.44 Arts Commission to include a Public Art Program;

NOW, THEREFORE, the City Council of the City of Brentwood does hereby amend Chapter 2.44 Arts Commission as follows:

2.44.010 Commission establishment.
2.44.020 Powers and duties.
2.44.030 Arts Commissioners.
2.44.040 Terms of office.
2.44.050 Vacancies.
2.44.060 Officers.
2.44.070 Compensation.
2.44.080 Budget.
2.44.090 Annual report.
2.44.100 Meetings.
2.44.110 Clerical assistance.
2.44.120 Staff assistance.
2.44.130 Task forces.
2.44.140 Non-profit sector public art projects.
2.44.150 Gifts and loans of public art.
2.44.160 Gifts of state.
2.44.170 Other funding sources.
2.44.180 Public art program.
2.44.181 Purpose.
2.44.182 Definitions.
2.44.183 Requirement to provide artwork or pay in lieu contribution.
2.44.184 Municipal Art Fund.
2.44.185 Commission Authority: to carry out it’s responsibilities hereunder, the Commission shall:
2.44.190 Poet Laureate
2.44.200 Amendments.

2.44.010 Commission establishment.
The city of Brentwood Arts Commission is established with membership, powers, and duties as set forth in this chapter. (Ord. 647 (part), 2000)

2.44.020 Powers and duties.
The Arts Commission shall have the general powers and duties as follows:
A. Encourages, stimulates, promotes and fosters programs for the cultural enrichment of the city and thereby contributes to the quality of life in Brentwood and develops an awareness in the business community, in local government, and in the general public of the value of the arts in Brentwood:
1. Publicize arts opportunities,
2. Encourage talent,
3. Interpreting the community's diverse interests in arts and striving to meet those needs,
4. Coordinating arts resources for the community and the artist,
5. Commissioning and placing of public art,
6. Promote art as a reflection of the historical nature of the community,
7. Elevate the city's commitment to the overall enhancement of its cultural life to co-equal status with recreation, planning, human services, youth, etc.,
8. Provide expertise in the area of public art and in-depth knowledge of the fine and performing arts,
9. Work cooperatively with the organizational structure of the city and department of parks and recreation,
10. Act as a resource in areas related to public art and the arts in general,
11. Serve as a review board for requests for funding from arts-related city-sponsored grants programs,
12. Oversee the development of a city cultural plan;
B. Perform other related functions, which may come before the commission;
C. Initiate, sponsor, or conduct alone or in cooperation with other public or private agencies and/or individuals, programs to further the development and public awareness of, and interest in, the fine and performing arts;
D. Solicit funding from private, state, and federal sources available for the fine and performing arts. (Ord. 647 (part), 2000)

2.44.030 Arts Commissioners.
A. The Arts Commission shall consist of no more than twenty-five members, who shall be residents of the city of Brentwood.
B. The commissioners should represent a cross section and distribution of membership among the major art and cultural fields and at least fifty percent of the members should be active in, but not limited to, one or more of the following art disciplines: architectural arts, dance, art education, fiber arts, literature, music, painting, performing arts, photography, ceramics, sculpture, murals, visual, functional art, and crafts. (Ord. 690 § 2, 2000; Ord. 647 (part), 2000)

2.44.040 Terms of office.
A. The mayor, with consent of the City Council, shall appoint commission members for terms of up to three years. Terms of members shall be staggered so that no more than a majority of the commission expires in any one year. The maximum term for any commissioner is three consecutive terms (not to exceed nine consecutive years). A one-year absence after serving the maximum term is required before being reconsidered for appointment.
B. Members shall be subject to removal by action of the City Council upon recommendation by a majority of Arts Commission members.
C. Each appointee to the commission, unless removed by City Council, shall hold their offices until their successor is appointed.
D. Members shall be subject to removal by action of the City Council without cause, only at a regularly scheduled City Council meeting. (Ord. 647 (part), 2000)

2.44.050 Vacancies.
Vacancies occurring during the term shall be filled for the unexpired portion of the term. Vacancies shall be filled by nomination of the mayor with approval of the City Council. (Ord. 647 (part), 2000)

2.44.060 Officers.
A. The officers of the Arts Commission shall be a chairperson, vice-chairperson, and past-chairperson. They shall perform all duties associated with such offices and will constitute the executive committee of the Arts Commission. The executive committee shall consist of the chairperson, vice-chairperson, and the past-chairperson.
B. Election of officers shall be held no later than the regularly scheduled meeting of the commission in January of each year.
C. A nominations committee will be appointed at the regularly scheduled meeting of the commission in October of each year. This committee will present a name of vice-chairperson for consideration at the regularly scheduled meeting of the commission in November of each year, to be voted on at that meeting. The new officers will take effect at the regularly scheduled meeting in January of the New Year. The vice-chairperson shall automatically succeed to chairperson the year following his/her serving as vice-chairperson. The chairperson shall automatically succeed to past-chairperson the year following his/her service as chairperson. (Ord. 647 (part), 2000)
D. When an issue of urgency occurs between commission meetings, the executive committee, by a majority vote, can authorize expenditures, not to exceed $500 for commission projects or programs. Final approval will occur at the next regularly scheduled commission meeting.

2.44.070 Compensation.
Members of the Arts Commission shall serve without compensation, as such, for their services but may receive reimbursement for necessary travel and other expenses incurred on official duty when such expenditures have received prior authorization by a vote of the commission. (Ord. 647 (part), 2000)

2.44.080 Budget.
The commission shall prepare and submit a proposed budget to the city manager no later than March 1st of each year. (Ord. 647 (part), 2000)

2.44.090 Annual report.
The commission shall prepare and submit an annual report to the City Council by February 15th of each year. (Ord. 647 (part), 2000)

2.44.100 Meetings.
A. Regular meetings of the Arts Commission shall be held on the fourth Wednesday of each month except December when the commission will not have a regular meeting.
B. All scheduled and special meetings of the commission shall be publicly announced, open to the public, and the proceeding of it shall be available to the public. The chairperson may request the attendance at meetings of any officer or employee of the city, in an advisory capacity, to assist the commission in its deliberations.
C. A quorum of transacting business at any regularly scheduled or special meeting shall be fifty-one percent of appointed members of the commission in person. Approval of any business transacted shall require a majority vote of the commissioners in attendance.
D. If a member of the commission is absent without cause from three successive regular meetings of the commission, the commission may request the City Council declare the position vacant. An absence may be excused if it is due to illness or is unavoidable, and the member gives notice to assigned city staff as to the reason. (Ord. 647 (part), 2000)

2.44.110 Clerical assistance.
Clerical assistance shall be provided by the city to assist the commission. Agendas will be provided a minimum of seventy-two hours prior to any regularly scheduled meeting and include any minutes from previous meetings not approved by the commission. (Ord. 647 (part), 2000)

2.44.120 Staff assistance.
The city of Brentwood director of parks and recreation, or designee(s) as appointed by the city manager, will be the staff liaison(s) to the commission. The staff liaison(s) shall work with the commission to effect the goals of the commission. (Ord. 647 (part), 2000)

2.44.130 Task forces.
A. The commission may make a recommendation to the City Council requesting the formation of a task force to address certain specified issues; to function for a limited duration or purpose; and to operate solely in an advisory capacity.
B. The commission’s recommendation shall state:
1. The nature and purpose for forming the task force;
2. The goal(s) of the task force;
3. The reason(s) why the same goal(s) cannot be accomplished by the commission;
4. The duration of time that the task force will function;
5. The budget of the task force including, but not limited to, any monetary and non-monetary resources being sought from the city of Brentwood;
6. The number of individuals to serve on the task force;
7. A proposed list of individuals interested in serving on the task force; and
8. Any other information deemed relevant and appropriate.
C. The City Council may, by a majority vote, authorize and approve the formation of a task force, which shall operate solely in an advisory capacity, and appoint the membership thereon.
D. The City Council may, by a majority vote, de-establish any task force created pursuant to this section. (Ord. 647 (part), 2000)

2.44.140 Non-profit sector public art projects.
This section encourages service organizations to propose, finance, and gift public art projects to the city and provides a review process to ensure quality projects. (Ord. 647 (part), 2000)

2.44.150 Gifts and loans of public art.
This section creates a process for a formal review of the proposed gift by the Arts Commission and its consideration of vital factors including:
1. Artistic quality of the proposed gift;
2. Authenticity;
3. Appropriate site;
4. Maintenance and installation costs and considerations. (Ord. 647 (part), 2000)

2.44.160 Gifts of state.
Gifts From Other Governmental Agencies and Representatives. Gifts of state are those gifts received from other governmental agencies and their representatives. This section calls for the Arts Commission to review proposed gifts in order to recommend appropriate sites, installation techniques, etc. (Ord. 647 (part), 2000)

2.44.170 Other funding sources.
Other Sources of Funding in Addition to Public Funds for Potential City Public Art Projects. This section recognizes that any proposed annual public art plan may well include a variety of funding strategies including, but not limited to:
A. Public funds (as outlined above);
B. Private contributions;
C. Grants;
D. Corporate sponsorships;
E. Matching gifts;
F. Development fees (if allowable and adequate);
G. Outright gifts of actual public art. (Ord. 647 (part), 2000)

2.44.180 Public art program.
This section outlines the city's approach to public art in public and private development. This section encourages public and private developers to include public art in their projects. (Ord. 647 (part), 2000)

2.44.181 Purpose
The City of Brentwood has formed an Arts Commission to encourage, stimulate, promote and foster programs for the cultural enrichment of the City and its inhabitants. The City accepts the responsibility for expanding the experience with visual art. Such art has enabled people in all societies to better understand their communities and individual lives. Therefore, a policy is established to require the inclusion of art in public capital projects and private construction and development projects.

2.44.182 Definitions
A. “Public Art” shall mean artwork that is visually and physically accessible to the public.
B. “Commission” shall mean the Brentwood Arts Commission.
C. “Municipal Art Fund” shall mean a special City fund dedicated to the purchase of Public Art.
D. “Municipal Art Plan” shall mean a plan required by section 2.44.185(A) of this ordinance.
E. “Project Value” shall mean the value of construction costs. For residential subdivisions, “Project Value” shall mean the project valuation as calculated on a City of Brentwood building permit.

2.44.183 Requirement to Provide Art Work or Pay in Lieu Contribution
A. Percent for Public Art: When a project is subject to the provisions of this ordinance, the applicant shall:
1. Acquire and install artwork in public places on or in the vicinity of the project site, as approved by the City Council. The cost or value of such art should be as per the City’s Master Fee Program.
2. In-lieu contribution of acquiring and install an artwork project applicants may contribute to the Brentwood Municipal Art Fund as per the City’s Master Fee Program.
B. Eligible Projects: Residential subdivisions or more than four lots or units of any nature, including the repair and remodeling and renovation of same with a value as per the City’s Master Fee Program. City parks and public works projects such as bridges, viaducts, elevated ways, gates and other structures owned by the City within the City with a value as per the City’s Master Fee Program.
C. Exempt projects: All underground projects, utility projects, seismic upgrades, mechanical and electrical work, traffic improvement, and construction due to fire or other natural causes.
D. Eligible costs: Acquisition of artwork, and staff and consultant costs associated with the acquisition and installation of the artwork, artist and design fees, artist travel and hotel expenses, the transportation and installation of artwork, lighting, landscaping directly associated with the artwork and identification plaques. Plus all costs directly related to utility relocation, site preparation and staff time associated with the installation of the artwork.
E. Non-eligible costs: Landscaping and public works and staff cost not directly associated with the artwork.
F. Method of calculation: The minimum amount to be appropriate to the Municipal Arts Fund shall be the total capital project appropriation including all construction costs as per the City’s Master Fee Program. Excluded are amounts budgeted for real property acquisition, demolition, redemption, architectural and engineering fees, site work (work related to clearing, grubbing, and earthwork), contingency allowances, equipment, finance costs, grant funded costs, publicly assisted residential construction or rehabilitation projects and site survey-related costs.
G. In order to qualify, any artwork on property shall include a maintenance and longevity agreement to the satisfaction of the City Attorney.

2.44.184 Municipal Art Fund
All funds appropriated for Public Art shall be deposited into the account of the Municipal Art Fund. The City Council shall review projects for funding as prescribed in the Public Art Guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriated may be pooled and used for art in other projects. A separate account shall be established within the Municipal Arts Fund to segregate receipts by source, or when so directed by the City Council, for specific works of art. Disbursement of such funds shall be made in connection with projects approved by the commission with the concurrence of the City of Brentwood Finance Department or by such other person as may be directed by ordinance for specific projects. Nothing herein prohibits the Arts Commission or the City from soliciting or receiving grants, donations, bequests or gifts from private or public sources from depositing monies received in the Municipal Art Fund to be expended in a manner consistent with the Public Art Guidelines.

2.44.185 Commission Authority: To carry out its responsibility hereunder, the Commission shall:
A. Prepare, adopt and amend with City Council’s approval “The Public Art Guidelines” which shall implement the City’s Public Art Program which shall include but not be limited to a method or methods of selecting artists or works of art, and the placement of works of art.
B. Authorize the purchase of or commission the design execution or placement of works of art. The commission shall work with the City’s departments responsible for a particular project to review the recommendations regarding the design, execution and/or placement of works of art in connection with the project.
C. If any proposed work of art will require extraordinary operation or maintenance expense, the commission shall receive prior approval of the department head responsible for such operation or maintenance placement of the work of art.
D. The Commission shall promulgate rules and regulations consistent with this ordinance to facilitate the implementation of its responsibilities hereunder.

2.44.190 Poet Laureate
The Arts Commission shall recommend to City Council for approval, the voluntary position of Poet Laureate, to advocate for the appreciation and advancement of arts, particularly poetry in the community. This appointment shall follow the approved guidelines and procedures.

2.44.200 Amendments.
This chapter may be amended in the same manner as originally adopted. (Ord. 647 (part), 2000)

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting.

Public Art Guidelines
City of Brentwood


These guidelines establish procedures for implementing a Public Art Program as adopted by the City of Brentwood City Council.


The City of Brentwood Arts Commission was formed to encourage, stimulate, promote and foster programs for the cultural enrichment of the City, and to contribute to the quality of life in Brentwood and develop an awareness in the business community, in local government and in the general public of the value of arts in Brentwood. The City also recognizes the substantial economic benefits to be gained in the form of increased visitors through enhancement of public places and events and consequent increase in retail activity in the City. These sections establish a program for inclusion of works of art and/or design services of artists in certain capital projects.

The City of Brentwood shall accomplish this purpose by developing a Public Art Program that:

• Reflects Brentwood’s unique and diverse history, people and geography and actively promotes the development of artworks representative of the neighborhoods in which they are sited;
• Supports and advances the urban design and community goals of the City;
• Fosters innovative and artistic excellence;
• Has a broad base of community and institutional support;
• Is institutionalized within City ordinance, policies, plans and procedures to ensure the long-term viability of the program and public art.


A. Annual Public Art Projects Plan:
A plan developed by the Arts Commission, following review of the proposed capital projects, including a prioritized list of visual projects with budgets and recommended inclusion of an art element or a design approach, developed in consultation with the City departments and approved annually by the City Council. The annual Public Art Project will also include a section on key marketing and educational programs for the year.

B. Artists:
A practicing professional, skilled in the design and/or creative production of aesthetic objects whose qualifications is demonstrated by recognition or stature within their field and/or through reputation and/or exhibits.

C. Municipal Art Fund:
A separate fund established by the City to receive monies for the Public Art Program, generated through a percentage for art ordinance and contributions from private and public sectors.
D. Public Art Design Component:
An amount equal to eighty percent (80%) of the monies allocated for public art through the percentage for art ordinance shall be utilized for all costs related to selection, acquisition, placement, installation, display and maintenance of artwork.

E. Public Art Administration Account:
An account to which an annual appropriation of twenty percent (20%) is made from the Municipal Art Fund to a separate account specifically designated for educational activities and administration of the Public Art Program.

F. Public Art Collection: All City owned artworks.

G. Public Places: All spaces, indoor and outdoors, which are generally accessible to the public.


A. Annual Public Art Projects Plan:

1) The Arts Commission, in consultation with appropriate staff from City departments shall develop a Public Art Projects Plan, including budget and recommended design approaches for each project.

2) Funds appropriated for the Municipal Art Fund, but not deemed necessary for artwork at the site of the capital project by the Arts Commission, in total or in part, will be allocated to the Municipal Art Fund to be expended on other projects as deemed appropriate.

3) The Annual Public Art Projects Plan shall be submitted to the City Council for approval.

4) The Arts Commission may from time to time during the course of the year, modify the Public Art Projects Plan. The City Council shall review any significant proposed changes in sites or dollar allocation in the approved Public Art Projects Plan.

B. Exclusions:
That amount budgeted for real property acquisition, demolition, redemption, architectural and engineering fees, site work and contingency allowances, equipment, finance, grant funded, publicly assisted residential construction or rehabilitation projects, and site-survey-related costs shall not be subject to percentage-for-art calculations.


A. Municipal Art Fund:

1) Eighty percent (80%) of the fee shall be directed to the Public Art Component for the following purposes:
i. Artists’ services and fees.
ii. Acquisition of art.
iii Artist selection processes, including jury selection costs and model or design fees.
iv. Identifying plaques.
v. Repair, maintenance, surveys, curatorial services, and other conservation work necessary to keep all artworks in the City collection in standard condition.

2) Twenty percent (20%) of the fee shall be directed to the Public Art Administrative account and may be spent for the following purposes:
i. Project administration – ten percent (10%)
ii. Community education programs, publicity, dedications, and other purposes as deemed necessary by the Arts Commission (10%).

B. Eligible Artworks:

All artworks commissioned or acquired under the Public Art Program shall be designed, or the process facilitated by, professional artists. Such works may include, but are not limited to:

1) Design work provided by the artists to be incorporated into the construction project, including but not limited to:
i. Interior or exterior surfaces, fixtures and functional elements.
ii. Outdoor space design elements in areas such as plazas, arcades and pedestrian passageways.
iii. Artistic design of roadways, parkways, pedestrian or bicycle paths or ways, transit system improvements, water and watershed facilities, solid waste transfer stations and sites with historic, archeological, and unique geological features.

2) Forms of visual art such as, but not limited to:
i. Sculptures, bas-relief, mobile, fountain, environmental, kinetic, electronic, etc. in any material or combination of materials.
ii. Painting all media, including portable and permanently affixed works such as murals and frescoes.
iii. Photography, filmmaking, graphic arts; printmaking; drawing and calligraphy.
iv. Art forms in clay, fiber and textile woods, metal, plastics, glass mosaics and other material; mixed media; any combination or forms of media.

3) Other categories or new technologies that may develop through artistic pursuit such as computer-audio or video-generated work use of lasers, etc.

4) The incremental costs of infrastructure elements such as sound-walls, utility structures, roadway elements and other items designed by an artist or design team that includes artists.

C. Ineligible Artworks:

1) “Art objects” which are mass-produced of standard design such as playground equipment, fountains, or statuary objects, unless incorporated into the artwork by a project artist.

2) Directional elements such as graphics, signage or color-coding except where these elements are integral parts of the original work of art or public art project.

3) Reproductions, by mechanical or other means, of original works of art, except in cases where such reproduction is inherent in the art-making process, such as films, video, photography, printmaking, computer imagery or other media arts.

4) Decorative, ornamental or functional elements or architecture except where these elements are designed by the artist and/or are an integral part of the artwork by the artist or are the results of collaboration among design professionals, including at least one artist.

5) Landscape architecture and landscape gardening except where these elements are designed by the artist and/or are an integral part of the artwork by the artist or are the result of collaboration among design professionals, including an artist.

6) Services or utilities necessary to operate or maintain the artwork in perpetuity.

7) For residential projects, artwork on dwelling units is excluded.


A. The Brentwood City Council shall:

1) Review, modify or approve the annual Public Art Projects Plan, thereby providing funds to the Municipal Art Fund and the Public Art Administration Account, for the City of Brentwood Public Art Program.

2) Appoint members of the Arts Commission.

3) Direct the City Manager or his/her designee to review and concur with the Public Art Projects Plan.

4) Through its authorized Public Art Subcommittee, accept recommendations from the Arts Commission for public art projects for City Council consideration. This subcommittee will be composed of one City Council representative, one City staff member designated by the City Manager, the chairperson of the Arts Commission, and if a residential project, a respective company representative. This subcommittee forwards, after review, the Arts Commission recommendation.

B. The Brentwood Arts Commission shall:

1) Be responsible for the City of Brentwood Public Art Program, including policies and guidelines, project oversight and maintenance of the art collection.

2) Recommend Art Commission members to City Council for appointment.

3) Prepare the Public Art Projects Plan and submit it to City Council for approval.

4) Publicize arts opportunities and encourage local and regional artistic talent in a diverse community. Ensure that due consideration is given to balance ethnicity and gender.

5) Commission and place public art.

6) Promote art as a reflection of the historical nature of the community.

7) Appoint members of the artist-selection jury, and develop concise guidelines for artist selection.

8) Elevate the City’s commitment to the overall enhancement of its cultural life to equal the status of recreation, planning, human services, youth, etc.

9) Initiate, sponsor or conduct alone or in cooperation with other public or private agencies and/or individuals, programs to further the development and public awareness, and interest in fine and performing arts.

10) Solicit funding from private, municipal, state and federal sources available for the fine and performing arts.

11) Select members for the artist jury.

12) Protect key public sites from placement of work that is not of lasting significance to the City.

13) Insure that sufficient funding is identified and available for the on-going maintenance of the artwork through Lighting and Landscape Districts, Community Facility Districts or some other form of funds.


A. Artist Selection Jury shall:

1) Be composed of at least 5 persons from the following categories: (If applicable.)
i. Voting Members of the Arts Commission.
ii. One representative from the neighborhood in which the artwork will be sited.
iii. Two artists, or one artist and one arts professional (designer, curator, collector, art administrator, etc).
iv. The design architect, if selected at this point.
v. The Project Manager from the City department or agency collaborating on the project.
vi. A representative from any organization partnering with the City on a capital project (e.g. government agency, school, or private developer) if applicable.
vii. Upon the discretion of the Arts Commission other non-voting advisors may be selected to assist in the process.

2) Be chaired by the Arts Commission member who will vote only to break a tie.

3) Meet in open session.

4) Develop the project based on the charge from the Arts Commission, including site, medium/media, scope of project, method of artist selection, national or regional significance of the project, the scope or publicity and other considerations.

5) Review credentials, proposals and/or materials submitted by artists.

6) Vote on the selection of the artist or artwork.


A. Eligibility Requirements:

1) Artists will be selected on the basis of their qualifications as demonstrated by past work, appropriateness of the proposal to the particular project and probability of successful completion. Selection will be based on criteria listed below and any additional criteria set forth by the Arts Commission in the Public Art Projects Plan.

2) Specifically excluded are artworks done by: students under the supervision of art instructors or done to satisfy course requirements; the design architect (or other relevant design professional) or member of the design firm(s); City employees and artists who are members of the City of Brentwood Arts Commission.

B. The Artist shall:

1) Submit credentials, proposals, and/or materials as directed for consideration by the Jury.

2) Conduct necessary research, including attending project orientations and touring project sites and meetings with the public, when possible.

3) If selected, execute and complete the work, or transfer title of existing work, in a timely and professional manner.

4) Work closely with the project manager and/or other design professionals on commissioned projects.

5) Submit to the Arts Commission for review and approval any significant change in the scope of the project.

6) Be responsible for all phases of the project as stipulated in the contract.

7) If required by contract, make public presentation and/or, conduct a community education workshop where the artwork will be placed.

C. Criteria for Selection of Artists and Artworks:

1) Quality: of highest priority are design capabilities of the artist and the inherent quality of the artwork.

2) Media: all visual art forms may be considered, subject to limitations set by the selection jury or Arts Commission.

3) Style: artworks of all schools, styles and tastes should be considered for the City’s collection.

4) Nature: artworks should be in good taste, suitable for public viewing, and should be appropriate in scale, material, form and content for the immediate, general, social and physical environments with which they are to relate.

5) Permanence: consideration should be given to structural and surface integrity, and protection against theft, vandalism, weathering, excessive maintenance and repair costs.

6) Elements of design: Consideration should take into account that public art, in addition to it’s aesthetic value, may also serve to establish focal points, modify, enhance or define certain spaces, or establish identity.

7) Public liability: Artworks should be examined for unsafe conditions or factors that may bear on public liability.

8) Diversity: Public art should strive for diversity of style, scale, media, and artists - including ethnicity and gender – and equitable distribution of artworks throughout the City.

9) Artist’s workshop: The Public Art Program encourages artist’s involvement with the community and other design professionals. In general, artists who have experience working successfully on design teams and working with the public are preferred.

D. Criteria for Selecting Artists:

1) Closed Selection: artist(s) chosen directly by jury selection panel. Generally, closed selection will not be employed, except on those projects where the open or limited call process would be impractical due to time constraints.

2) Limited Competition: artists are invited by selection jury to submit proposals.

3) Open Competition: any artist may apply, subject to limitations established by the jury panel or Arts Commission.


A. At least once every ten years, the City art collection should be evaluated whether by the Arts Commission or by an independent agent, for purposes of collection management and in order to assess it’s future. The City shall retain the right to deaccession a work of art accessioned into the City’s collection regardless of funding source for the work.

B. A review shall be established by the Arts Commission to meet the following objectives:

1) Establish a regular procedure for evaluating artwork in the City’s collection.

2) Establish standards for the acquisition of artwork.

3) Insure that the deaccessioning of artwork is governed by careful procedures.

4) Insulate the deaccessioning process from fluctuations in taste.

C. A review process for acquisitions to the City’s art collection shall use the following criteria:

1) Acquisitions should be directed toward artwork of the highest quality.

2) Acquisition of artwork implies a commitment to preservation, protection and maintenance, and display for public benefit.

3) Acquisition of artwork, whatever the source of funds, should imply permanency within the City collection, so long as physical integrity, identity and authenticity are retained, as long as physical settings remain in tact; and so long as they remain useful to the purpose of the people of the City of Brentwood.

4) In general, artworks should be acquired without legal or ethical restrictions as to future use and disposition, except with respect to copyrights and certain clearly defined residual rights that are part of a contract with the artist.

5) The acquisition procedures should insure that the interests of all concerned parties are represented, including the public, the arts community and the receiving agency.

6) A legal instrument of conveyance, transferring title of the artwork and clearly defining the rights and responsibilities of all parties should accompany all acquisitions. Complete acquisition records should be made and maintained for all artwork.

D. Artwork may be considered for review toward deassessing if one or more of the conditions, such as the following apply:

1) The site of the artwork has become inappropriate because the site is no longer accessible to the public or the physical setting is to be destroyed.

2) It has received consistent adverse public reaction from a measurable number of individuals and/or organizations.

3) Deaccessing has been requested by the agency that displays the work.

4) It is found to be fraudulent or not authentic.

5) It possesses faults of design or workmanship.

6) It causes excessive or unreasonable maintenance.

7) It is damaged irreparably, or to an extent where repair is unreasonable or impractical.

8) It represents a physical threat to public safety. .

9) A suitable place for display no longer exists.


A. The Arts Commission shall have the responsibility to accept or decline any artworks donated to the City, and they shall develop a review process to meet the following objectives:

1) Provide uniform procedures for the review and acceptance of gifts and loans of artwork.

2) Be responsible for insuring the management and maintenance of the City’s Public artwork.

3) Maintain high artistic standards in works of art displayed.

4) Provide appropriate recognition of donor’s artwork.

B. The review process shall use the following criteria:

1) Aesthetic considerations, to assure the artwork are of the highest quality. Based on a detailed written proposal, or concept drawing for the project, photographs of the artwork if existing, and any other documentation.

2) Financial considerations are based on cost of implementation, sources of funding, and estimated cost to the City over the life of the artwork.

3) Liability based on susceptibility of the artwork to wear, vandalism, potential danger to the public, theft, and specific insurance requirements.

4) Environmental considerations based on physical appropriateness to the site and scale of the artwork.

C. Exceptions to the review process:

1) Gifts of state presented to the City of Brentwood by foreign governments, municipal, state or national, which may be accepted by the Mayor, the City Council, or the City Manager on behalf of the City.

2) Artwork or exhibitions loaned for display on City property for 60 days or less shall not be subject to the standard review process. However, the subject matter of the artwork will be reviewed to assure public decency for display.

3) Displays at cultural centers and art museums are not subject to review.


The Arts Commission shall have the power to make, alter, amend and repeal portions or all of the Public Art Guidelines by affirmative vote by the majority of the commission at a regular scheduled meeting of the commission; providing a copy of any amendment proposed shall be mailed to all commissioners prior to the date of the meeting set to act, with final approval by City Council.

Attachment to Public Art Program Staff Report
Survey of Cities that Require Private/Public Development to Include Public Art

City Percent Parameters

Alameda 1.5% Value of $250,000+
Antioch TOT tax 3% of the 10% TOT goes to art
Berkeley 1% Public projects
Beverly Hills 1% Public/private projects $500,000+
Brea 1% Private projects $500,000+
Burbank 1% Public/private projects $300,000+
Carlsbad 1% Public projects
Emeryville 1.5% 1% on site/ ½% in-lieu fund
Fairfield 1% Recommended for all developments
Fremont 1% Public/recommended for private
Laguna Beach 1% Private projects $225,000+
Lafayette 1% proposed Currently under consideration
Livermore 1% Public projects
Long Beach 1% Public/private projects
Menlo Park 1% Public/private projects $250,000+
Mountain View 1% Public projects
Oakland 1.5% Public projects
Palm Desert 1% Public redevelopment projects
.5% Commercial projects
.25% Residential projects
Pasadena 1% Public/private projects
Pleasanton 1.5% Private projects
Richmond 1.5% Public projects $300,000+
Sacramento 2% Redevelopment projects
San Francisco 2% Redevelopment projects
San Jose 2% Redevelopment projects
Santa Cruz 2% Public projects
Santa Monica 1% Public projects
Sunnyvale 1% Public projects
Union City Currently under consideration
Walnut Creek 1% Projects 25,000 square feet+, and
$100,000 budget for downtown art
West Hollywood 1% Public/private $200,000+
Whittier .5% Private $250,000+


City Administration
City of Brentwood City Council
150 City Park Way
Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441