1 STAFF REPORT
DATE: August 27, 2024
TO: Justin Hess, City Manager
FROM: Marisa Garcia, Park, Recreation, and Community Services Director Patrick Prescott, Community Development Director
BY: Megan Wilke, Administrative Analyst II
Amanda Landry, Principal Planner
SUBJECT: Art in Public Places Program Update
RECOMMENDATION
Note and file.
BACKGROUND
At the January 23, 2024, City Council (Council) meeting, Vice-Mayor Perez requested an update on the Art in Public Places Program (Program).
Established through an Ordinance adopted on May 16, 1992 , the Art in Public Places Program aims to enhance Burbank’s aesthetic quality through public art and promote cultural enrichment within the community. The Program is designed to accomplish the following goals and objectives:
• Enhance the visual attractiveness of the City;
• Increase understanding and enjoyment of art by Burbank residents and visitors; • Encourage artistic collaboration among professional disciplines responsible for urban design; and
• Invite public participation in, and interaction with, public spaces.
The Program encourages the inclusion of permanent art installations in new developments while recognizing that a permanent, on-site art installation may not be feasible or desirable in every location. As a result, developers have the option to pay an in-lieu fee into the Art in Public Places Art Fund (Fund). The intent of this Fund is to exclusively finance permanent public art installations located at City buildings or on public grounds. This allows developers to contribute to the City's cultural enrichment and aesthetic enhancement even if an on-site installation is impractical. A portion of the funds
2 is allocated to maintain City-owned permanent public art installations that fall under the Program’s purview.
DISCUSSION
The Program requires all new commercial, industrial, and public projects over $500,000 in value and new multi-family residential projects over $1,500,000 in value to allocate 1% of total project costs (exclusive of land and parking) to finance a permanent art installation according to the Program’s guidelines. The building valuations are calculated using the latest Building Valuation Data as set forth by the International Code Council. Exemptions to the Burbank Municipal Code § 10-1-1114 (BMC) are included in Attachment 1.
Options for meeting the Program’s requirements are outlined as follows:
1) On-Site Art
a) On-Site Art
• The project developer must present a complete on-site art proposal and obtain approval from the Art in Public Places Committee before receiving building permits.
• The project developer must install the approved art work and provide satisfactory evidence to the Parks and Recreation Department (Department) that the minimum required funds have been spent on on -site artwork before the Certificate of Occupancy for the development project can be issued. b) Deferral Agreement for On-Site Art
• The project developer may enter into a deferral of art covenant agreement with the City, whereby cash, or other security in a form acceptable by the City Attorney, in the amount of the art obligation fee, is deposited into the Fund prior to the issuance of a building permit.
• Under this agreement, the developer must follow the same steps, including obtaining approval from the Art in Public Places Committee, installing the approved art project, and providing satisfactory evidence to the Department that the minimum required funds have been spent on on -site artwork, along with verification of expenses.
• The project developer can receive their Certificate of Occupancy prior to the completion of the artwork however, the art obligation fee will only be refunded upon the completion of the permanent art installation.
• If the artwork costs are less than the minimum allocation for any project, the difference is deposited into the Fund.
2) In-Lieu
a) In-Lieu Fee
• Project developers who opt not to provide on -site artwork may pay an in-lieu fee (the minimum art allocation) to the Art in Public Places Fund to satisfy this development standard.
• Alternatively, developers may recommend allocating up to 50% of their art obligation to the Burbank Arts and Education Foundation (BAE Foundation).
This proposal requires approval by Council.
3 Artwork Ownership and Maintenance
The project developer is responsible for the ownership and maintenance of the artwork in perpetuity, including any related landscaping and lighting, in accordance with the BMC.
Similarly, if the City undertakes a development project that is subject to the Art in Public Places development standard, it must adhere to the same rules and responsibilities as any other project developer.
To date, the Program encompasses a total of 133 public art installations throughout the City, 42 of which are City-owned. Project developers and property owners are required to perform necessary repairs and maintenance to their art installations . City-owned art installations are maintained, with approximately five art installations receiving maintenance each fiscal year. This maintenance schedule is made possible with the support of the Committee, whereas each fiscal year , the City allocates the necessary funds from the Fund to professionally maintain and restore City -owned public art installations. Annual maintenance was determined by the Committee at the APP meeting on September 14, 2020. During this meeting, the Committee decided to set aside 7% of the appraised value of city-owned art, amounting to $231,980, for the maintenance of art pieces on City property.
Prior Zone Text Amendments to the Art in Public Places BMC
1. In 1993, a Zone Text Amendment (ZTA) was made to the Ordinance to introduce a minor revision to the application process, aligning the procedures more closely with the City’s Development Review process.
2. In 2002, the second amendment was made to delete the existing sunset provision, which would have caused the Ordinance to expire on June 1, 2002.
3. In 2008, Council approved a ZTA expanding the in-lieu fee to include the option of allocating up to 50% of the 1% paid by the developer toward art installation programs, funded through the Burbank Arts and Education Foundation.
Since the adoption of the 2008 ZTA, only one developer, Warner Bros., has chosen to contribute half of their art obligation to the Burbank Arts and Education Foundation. To date, Council has approved a total of five allocations of Public Art Funds, totaling $89,454.65.
Funds directed to the BAE Foundation can only be used for durable or permanent art installations or artistic design elements as specified in the Ordinance and approved by the City’s Park, Recreation and Community Services Director. The funds cannot be used for programs, services, music progra ms (including instruments), vehicles, or capital costs.
4. In 2011, the Ordinance was amended to include the Sister City Art Exchange Program as an appropriate use of the Program Fund. That same year, the City participated in an exchange of public art sculptures with Incheon, Korea, in celebration of the 50th anniversary of our Sister City relationship.
4 5. In 2020, the Ordinance was amended to provide editorial changes such as clarifying definitions and updating the list of development projects exempt from the BMC’s requirements. Additional adjustments included updating maintenance standards for public artwork when stolen or damaged, and updating the list of acceptable art projects to comply with the BMC.
6. More recently, on February 6, 2024, Council adopted a ZTA to the BMC, which classified post-security areas of the Hollywood Burbank Airport as eligible places for public art installations under the Program. This was in response to the Glendale-Burbank-Pasadena Airport Authority’s (BGPAA) ongoing development of a replacement terminal at the Hollywood Burbank Airport, also known as Elevate BUR. Elevate BUR is subject to the Art in Public Places development standard , and the ZTA ensured that the BGPAA’s proposed art installations would comply with the spirit of the Program.
Amendment Discussions
On September 13, 2011, former Mayor Talamantes requested that staff bring the Art in Public Places Program to Council for discussion. The desire was to provide developers with the option to increase their allocation from 50% to 100% of the 1% fee paid toward arts-related programs, which would be funded through the BAE Foundation.
The City Attorney’s Office extensively studied the overall Program, considering its original purpose and compliance with Proposition 261. The findings were presented to Council in March 2013 (Attachment 2). Staff concluded that the BAE Foundation’s various art - related school activities, such as purchasing music and art supplies and setting up art rooms, did not enhance the City’s outdoor aesthetics or public life in a lasting way, which was the Program’s intent. The BAE Foundation has previously funded projects in accordance with the Program, such as painting murals on school campuses, and is willing to continue doing so within the necessary guidelines.
Furthermore, staff noted that allowing developers to divert up to 50% of in-lieu fees to the BAE Foundation, adversely impacted the Fund's growth, compromising its ability to provide art for public spaces. Redirecting more funds could lead to significant underfunding, delaying maintenance and new art acquisitions, and undermining the fund’s purpose. Therefore, Council decided not to divert these additional funds from their intended purpose as outlined in the BMC.
As of July 2024 , the Fund has a n account balance of $836,098.18. The balance is comprised of minimum art obligation contributions from new development projects.
However, it is important to note that this is not a sustainable funding source.
If directed by Council, future potential amendments to the Art in Public Places BMC would require comprehensive research, community engagement, and strategic planning
1 Proposition 26 amended the State Constitution by defining a “tax” so that local governments may not circumvent the restrictions on increasing taxes by simply defining new or expanded taxes as “fees.” It lists seven exceptions to the definition of a tax. Under Proposition 26, any government fee must meet one of the enumerated exceptions or the fee will be considered a tax subject to voter approval. 5 necessary to ensure that the eventual recommendations are allowable and reflective of the Council’s priorities.
ENVIRONMENTAL REVIEW
The discussion and requirements of the Program contained in this report are not a project and does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environ ment, and as such, is not a “project” subject to the requirements of the California Environmental Quality Act (CEQA) 14 Cal. Code Regs § 15378.
FISCAL IMPACT
While no immediate fiscal impact is associated with this report, amending the BMC to repurpose Program Funds could negatively impact the Art in Public Places Fund and current Program. Allocating the Fund’s resources to other programs could compromise its financial stability and intended purpose of providing and maintaining art in public spaces. Notably, the Department in partnership with the Burbank Cultural Arts Commission launched a pilot Community Arts Grant Program utilizing the City’s General Fund. These grants will support visual and performing arts projects that promote community-wide arts participation and provide enriching experiences for all individuals.
CONCLUSION
Public art plays a crucial role in increasing the value of development projects, expediting leasing, enhancing corporate images, promoting cultural tourism, and enabling developers to give back to the community. The Program has significantly contributed to shaping the City's image by introducing high-quality public art installations that enhance the City’s landscape.
ATTACHMENTS
Attachment 1 – Burbank Municipal Code § 10-1-1114
Attachment 2 – 2013 Staff Report to Revise APP Ordinance: 1% Allocation to the Foundation