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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: October 14, 2003

Subject/Title: Revising development fees to establish a Public Art Fee and amend the City’s Master Fee Resolution No. 2969

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

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution to establish the percent for arts fee to implement the Public Art Program.

PREVIOUS ACTION
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 resolution 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.

City Council waived the second reading and approved Ordinance #760 Chapter 2.44 Arts Commission to amend officers, poet laureate, and Public Art Program on September 23, 2003.

BACKGROUND
In order to implement the Public Art Program that was approved by City Council on September 23, 2003, approval of the percent for arts fee is recommended by the Arts Commission.

As a short overview of the Public Art Program recommendations:

• 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.

The Brentwood Arts Commission is recommending amending the City Master Fee Program as follows:

• Public Developments - 1% of Construction Cost
• Residential Developments - 4/10ths of 1 percent of Project
Valuation
• Public/Residential Development;
Remodeling, repair or reconstruction
with a project valuation over $250,000 - 4/10ths of 1 percent of Project
Valuation
• In-Lieu Contribution - 1.25% of Cost

FISCAL IMPACT
City Council approved the Public Art ordinance on September 23, 2003. This action will establish the fees necessary to implement the program.

The Arts Commission is 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 is 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 project valuation $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.

Attachments:
Resolution

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ESTABLISHING A PUBLIC ART FEE AND AMENDING RESOLUTION NO. 2969
TO REVISE THE MASTER FEE PROGRAM

WHEREAS, the City Council has adopted ordinances and resolutions establishing and revising fees as part of an exercise of its police power; and

WHEREAS, Brentwood Municipal Code Chapter 2.44 provides for the establishment of public art fees; and

WHEREAS, additional analysis and update of the impact of future development and the desire for public art in the City of Brentwood has been completed by the City’s Parks and Recreation Department; and

WHEREAS, City Council has adopted Chapter 2.44 (Public Art) of the Municipal Code, wherein payment of a Public Art Fee may be substituted for constructing public art that a developer would otherwise be required to construct; and

WHEREAS, Chapter 2.44 establishes that the amount of the Public Art Fee shall be as set forth by resolution of the City Council and should be changed when conditions in the City and the region warrant the change in the Public Art Fee; and

WHEREAS, Section 2.44.184 provides that a Municipal Art Fund shall be created and all funds generated by the Public Art Fee shall be deposited into this fund; and

WHEREAS, Brentwood’s Public Art Program is not an exaction of the kind subject to the Mitigation Fee Act as the requirement to provide art or a cash equivalent thereof is more akin to traditional land use regulations imposing minimal building setbacks, parking and lighting conditions, landscaping requirements, and other design conditions such as color schemes, building materials and architectural amenities; and

WHEREAS, the requirement of providing art in an area of a project reasonably accessible to the public is like other design and landscaping requirements, an aesthetic control within the City’s police powers to impose; and

WHEREAS, a public hearing has been noticed and held; and

WHEREAS, the City Council has considered the information provided to it by those testifying, and has reviewed and considered the information provided in the staff report and staff presentation and has read and considered all of the documents, staff reports, information, and reports related to the City of Brentwood Public Art Program and Public Art Fee calculations.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE AS FOLLOWS:

Section 1. Fees Imposed:

A. As provided in Chapter 2.44 of the Municipal Code, development subject to the Public Art Fee in the City of Brentwood shall pay Public Art Fees as set forth in this Resolution or provide art work as provided in Chapter 2.44. Fees shall be charged and paid in amounts existing at the time of commencement of the project or upon issuance of the applicable City permit.

B. In the use of any inconsistency between the text of this Resolution and the text of Chapter 2.44 of the Municipal Code, the provisions of this Resolution shall control.

Section 2. Collection of Fees:

A. The applicable Public Art Fee shall be determined on the basis of the fee schedule in effect at the time the building permit, or other applicable permit is issued. If no permit is required, then the fees are payable in the amounts in effect at the commencement of the project. The City Manager or other official designated by the City Manager shall determine the amount of the fee in accordance with the standards set forth in this Resolution or Chapter 2.44 of the Brentwood Municipal Code.

B. The Public Art Fee shall also be paid as a condition of an extension or renewal of a permit issued after passage of this Resolution if a Public Art Fee has not been paid previously and exemption or provision of public art by the developer has been approved pursuant to Chapter 2.44 of the Brentwood Municipal Code.

Section 3. Exemptions.

A. Those exemptions provided for in Municipal Code Chapter 2.44 shall apply to the Public Art Fee.

Section 4. Exceptional Fee Circumstances:

A. A developer of projects which do not squarely fit within the development categories listed in Chapter 2.44 shall be subject to the fees imposed pursuant to determination by the City Manager or designee using the criteria set forth in the Chapter 2.44 of the Brentwood Municipal Code.

B. Nothing in this Resolution shall be construed to affect the City’s discretion, upon proper application to adjust the Public Art Fee.

Section 5. Use of Fee Revenues:

The revenues raised by payment of these fees shall be segregated into separate Municipal Art Fund accounts and the revenues, along with any interest earnings on such fund, shall be used at the discretion of the City Council for the purpose of assisting in the installation, maintenance, or construction of public art or helping with other public art opportunities. The Finance Director is authorized to utilize up to 20% of these funds annually for City public art administrative costs, reasonable costs of outside consultant studies related thereto, costs of program development, ongoing administration of the Public Art Fee program, including legal costs, and any applicable reimbursement obligations.

Section 6. Effective Date of Revised Fees:

The fees provided in this Resolution shall be effective on November 13, 2003, which is thirty (30) days after the adoption of this Resolution.
Section 7. Severability:

Each component of the Public Art Fee and all portions of this Resolution are severable. Should any individual component of the fee or other provision of this Resolution be adjudged to be invalid and unenforceable, the remaining provisions shall be and continue to be fully effective, and the fee shall be fully effective except as to that portion that has been judged to be invalid.

Section 8. Exemption from California Environmental Quality Act (CEQA):

The City Council finds that CEQA does not apply to the adoption of this Resolution, pursuant to Sections 15061 and 15273 of the State CEQA Guidelines.

Section 9. Public Art Fee

The Public Art Fee shall be as follows:

• Public Developments 1% of Construction Cost.

• Residential Developments 4/10ths of 1 percent of Project
Valuation as set forth in City’s
Building Permit.

• Public/Residential Development Remodeling, repair or reconstruction
with a project valuation over
$250,000. 4/10ths of 1 percent of Project Valuation.

• In-Lieu Contribution 1.25% of Cost.

Section 10. Amend Master Fee Resolution:

The City’s Master Fee Resolution No.2969 is hereby amended to add the Public Art Fee adopted by this Resolution, as set forth in Exhibit A, attached hereto.

PASSED, APPROVED AND ADOPTED this 14th day of October, 2003 by the following vote:

Exhibit A

The Public Art Fee shall be as follows:

• Public Developments 1% of Construction Cost.

• Residential Developments 4/10ths of 1 percent of Project
Valuation as set forth in City’s
Building Permit.

• Public/Residential Development Remodeling, repair or reconstruction
with a project valuation over
$250,000. 4/10ths of 1 percent of
Project Valuation.

• In-Lieu Contribution 1.25% of Cost.
 

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