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CITY COUNCIL AGENDA ITEM NO. 5


Meeting Date: June 24, 2008

Subject/Title: Approve recommendation of the Arts Commission to allow Discovery Builders to pay In-Lieu Contributions for public art requirements at Prewett Ranch, Subdivision #8954.

Prepared by: Poldina Scherff, Recreation Manager

Submitted by: Craig Bronzan, Director of Parks and Recreation


RECOMMENDATION
Approve recommendation of the Arts Commission to allow Discovery Builders to pay In-Lieu Contributions for public art requirements at Prewett Ranch, Subdivision #8954.

PREVIOUS ACTION
September 9, 2003, City Council approved Section 2.44.180 Public Art.

On September 23, 2003, City Council approved the fee schedule committing one percent of the cost of capital investment projects to art and four tenths of one percent for housing development which became effective on July 1, 2004.

City Council approved the public art designs and concepts by Eric Powell for public art elements in the primary entry park at Prewett Ranch, Subdivision #8954 at the December 12, 2006 meeting.

BACKGROUND
With City Council approval for the public art designs and concepts by Eric Powell for public art elements in the primary entry park at Prewett Ranch, Subdivision #8954 City staff facilitated a competition for artists for a public art element for the Suncrest Homes development. The Arts Commission made a recommendation for Eric Powell’s public art project to City Council. City Council approved the public art design for Suncrest Homes and it was the responsibility of Suncrest Homes to oversee the project for final City acceptance. Discovery Builders acquired the Suncrest Homes development and with it the responsibility of the public art project. The City does not have any direct relationship with Eric Powell, the artist on this project, as the public art requirement is between the City and the developer.

Discovery Builders is requiring the artist to provide a contractor’s license which the artist is not prepared to acquire, or to hire a professional for the service needed. The artist has been unable to comply and as a result, Discovery Builders cannot get the artist under contract for the work.

Discovery Builders has made a final request to be relieved of their public art requirement by paying an In-Lieu Contribution at 125% of their obligation. This permitted option would allow the money to be deposited in the Municipal Art Fund, and is provided for in the City’s Municipal Code and defined in the 2007/2008 Cost Allocation Plan & Schedule of Fees.

On May 21, 2008, the Arts Commission approved Discovery Builders In-Lieu request and is recommending approval by City Council. Discovery Builders has started to do mass grading of the site, which includes grading for the park in which the public art was expected to be placed. By paying out the public art requirement, a redesign of the park entry will be necessary to provide appropriate park amenities. This work is currently on the critical path for the project to move forward. If approved, Discovery Builders will work with staff on a redesign of the park areas for approval by the Park and Recreation Commission.

FISCAL IMPACT
The developer will pay 5/10ths of 1 percent of the project valuation as set forth in the City’s building permit at the time each building permit is pulled. The In-Lieu fees collected will be deposited in the Municipal Art Fund and be utilized for public art projects throughout the City of Brentwood.

Attachments:
Discovery Builders letters


 
City Administration
City of Brentwood City Council
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Brentwood, CA 94513
(925) 516-5440
Fax (925) 516-5441
E-mail allcouncil@brentwoodca.gov