Rev 1.17.25 Page 12 of 19
IN WITNESS WHEREOF, VTA and RECIPIENT have caused their undersigned, duly authorized signatories to execute this AMENDED AND RESTATED FUNDING AGREEMENT as of the EFFECTIVE DATE.
SANTA CLARA VALLEY
TRANSPORTATION AUTHORITY
CITY OF MILPITAS
Carolyn M. Gonot Deanna J. Santana
General Manager/CEO Interim City Manager
Date Date
Approved as to Form Approve as to Form
Name
VTA Legal
Christopher Creech
Acting City Attorney
Date Date
Rev 1.17.25 Page 13 of 19
ATTACHMENT A
Example Evaluation Requirement Metrics
Evaluation metrics include, but are not limited to, the ones used below. • Project reach - A metric measuring the total number of people or entities that participated in the activity or received a physical item provided by the program. o Hypothetical Example: Online media safety campaign had 10,000 unique views, resulting in 2,000 people taking the “I will drive, walk, and bike safely and responsibly” pledge. • Mode shift - A metric measuring the change in the number or percentage of people who replaced another mode of transportation with walking or biking. o Hypothetical Example: At the end of the school year, 200 bicycles were counted in the bike cage, an increase of 20% over the number of bicycles counted at the beginning of the year.
• Behavior change - A metric measuring the change in the number or percentage of people who changed their travel habits, including but not limited to frequency of walking or biking. o Hypothetical Example: Individualized marketing packets were provided to 1,200 households. 200 households requested additional information. Before and after surveys showed that 5% of households that requested additional information switched to biking, walking, or taking transit more.
• Safety improvements – A metric measuring the change in risky/safe behavior or the change in crashes.
o Hypothetical Example: After the crosswalk sting, motorists were observed yielding to pedestrians 8 out of 10 times, an increase of 10% over the yielding rate before the crosswalk sting. However, these rates decreased over time, suggesting that continued events or infrastructure changes are needed to permanently improve driver behavior. • Community Engagement – A metric measuring the number or percentage of people who become involved in a program on an ongoing basis.
o Hypothetical Example: At the end of five Train the Trainer events, of the 25 trainees, ten agree to lead Safe Routes to School activities at their schools.
Rev 1.17.25 Page 14 of 19
ATTATCHMENT B
LOW POP CITES ALLOCATION SCHEDULE
Cities that would receive less than $10,000 as a result of the allocation calculations are instead allocated $10,000 minimum per fiscal year. The minimum $10,000 allocation will continue through fiscal year 2028. Following fiscal year 2028, the minimum allocated to LOW POP CITIES will increase every biennial budget cycle.
The allocation schedule starting fiscal year 2028 is as follows:
Fiscal Year (FY) Allocation Amount to LOW POP CITIES
FY 2028 $12,000
FY 2029 $12,000
FY 2030 $12,000
FY 2031 $12,000
FY 2032 $12,000
FY 2033 $12,000
FY 2034 $14,000
FY 2035 $14,000
FY 2036 $14,000
FY 2037 $14,000
FY 2038 $14,000
FY 2039 $14,000
FY 2040 $16,000
FY 2041 $16,000
FY 2042 $16,000
FY 2043 $16,000
FY 2044 $16,000
FY 2045 $16,000
FY 2046 $18,000
FY 2047 $18,000
Rev 1.17.25 Page 15 of 19
ATTACHMENT C
INSURANCE REQUIREMENTS
RECIPIENT’S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT
IS HIGHLY RECOMMENDED THAT RECIPIENT CONFER WITH THEIR INSURANCE
CARRIERS OR BROKERS IN ADVANCE OF PROPOSAL SUBMISSION TO DETERMINE THE
AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS REQUIRED BY THIS AGREEMENT.
INSURANCE
Without limiting RECIPIENT’s obligation to indemnify and hold harmless VTA, RECIPIENT must procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by RECIPIENT, its agents, representatives, or employees, or subcontractors. The cost of such insurance must be included in AGREEMENT price. In the event of any material change in the AGREEMENT Scope of Services, VTA reserves the right to change the insurance requirements set forth herein. RECIPIENT must furnish complete copies of all insurance policies, within three (3) business days of any request for such by VTA.
A. Liability and Workers’ Compensation Insurance
1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. Insurance Services Office General Liability coverage (“occurrence” form CG 0001).
General Liability insurance written on a “claims made” basis is not acceptable. b. Insurance Services Office Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-made” basis is not acceptable.
c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and Employer’s Liability insurance.
d. Professional Liability, including limited contractual liability coverage, covering liability arising out of any negligent act, error, mistake or omission in the performance of RECIPIENT’s services under this AGREEMENT. This coverage must be continuously maintained for a minimum of two (2) years following completion of this AGREEMENT.
This coverage may be written on a “claims made” basis, if so, please see special provisions in Section B.
2. Minimum Limits of Insurance
RECIPIENT must maintain limits no less than:
Rev 1.17.25 Page 16 of 19
a. General Liability (including Umbrella/Excess insurance): $2,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If a General Liability or other form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. This requirement may be satisfied by a combination of General Liability insurance with Excess or Umbrella policies, but in no event may the General Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down”.
b. Automobile Liability $1,000,000 limit per accident for bodily injury and property damage.
c. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits and Employer’s Liability limits of $1,000,000 per accident. d. Professional Liability: $2,000,000 each occurrence/aggregate minimum limit per claim. This requirement may be satisfied by a combination of Professional Liability insurance with Excess or Umbrella policies, but in no event may the Professional Liability primary policy limit per occurrence be less than $2,000,000, unless Umbrella/Excess policies feature inception and expiration dates concurrent with the underlying policy, “Follow Form” coverage, and a “Drop Down” provision.
3. Self-Insured Retention
The certificate of insurance must disclose the actual amount of any deductible or selfinsured retention, or lack thereof, for all coverages required herein. Any self-insured retention or deductible in excess of $50,000 ($100,000 if RECIPIENT is a publiclytraded company) must be declared to and approved by VTA. If RECIPIENT is a governmental authority such as a state, municipality or special district, self-insurance is permitted. To apply for approval for a level of retention or deductible in excess of $50,000, RECIPIENT must provide a current financial report including balance sheets and income statements for the past three years, so that VTA can assess RECIPIENT’s ability to pay claims falling within the self-insured retention or deductible. Upon review of the financial report, if deemed necessary by VTA in its sole discretion, VTA may elect one of the following options: to accept the existing self-insured retention or deductible; require the insurer to reduce or eliminate the self-insured retention or deductible as respects VTA, its directors, officers, officials, employees and volunteers; or to require RECIPIENT to procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Applicable costs resulting therefrom will be borne solely by RECIPIENT. RECIPIENT may request execution of a nondisclosure agreement prior to submission of financial reports.
B. Claims Made Provisions (not applicable to General Liability or Automobile Liability) Claims-made coverage is never acceptable for General Liability or Auto Liability. Claimsmade may be considered for Professional, Environmental/Pollution, or Cyber Liability. If coverage is written on a claims-made basis, the Certificate of Insurance must clearly state so. In addition to all other coverage requirements, such policy must provide that:
Rev 1.17.25 Page 17 of 19
1. The policy must be in effect as of the date of this AGREEMENT and the retroactive date must be no later than the date of this AGREEMENT.
2. If any policy is not renewed or the retroactive date of such policy is to be changed, RECIPIENT must obtain or cause to be obtained the broadest extended reporting period coverage available in the commercial insurance market. This extended reporting provision must cover at least two (2) years.
3. No prior acts exclusion may be added to the policy during the contract period.
4. The policy allows for reporting of circumstances or incidents that might give rise to future claims.
C. Other Provisions
The policies must contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability
a. VTA, its directors, officers, officials, employees and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of RECIPIENT, including VTA’s general supervision of RECIPIENT; products and completed operations of RECIPIENT and its subcontractors; premises owned, occupied or used by RECIPIENT; or automobiles owned, leased, hired or borrowed by RECIPIENT. The coverage must contain no special limitations on the scope of protection afforded to VTA, its directors, officers, officials, employees, or volunteers. Additional Insured endorsements must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01.
b. Any failure to comply with reporting provisions of the policies may not affect coverage provided to VTA, its directors, officers, officials, employees, or volunteers.
c. RECIPIENT’s insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
d. The General Liability General Aggregate limit must apply per project, not per policy.
e. The General Liability policy must be endorsed to remove the exclusion for railroad liabilities, with coverage at least as broad as afforded by ISO CG 24 17.
2. All Coverages
a. The insurer must agree to waive all rights of subrogation against VTA, its directors, officers, officials, employees, and volunteers for losses arising from work performed by RECIPIENT and its subcontractors for VTA.
Rev 1.17.25 Page 18 of 19
b. RECIPIENT’s insurance coverage must be primary insurance as respects VTA, its directors, officers, officials, employees, and volunteers. Self-insurance or insurance that may be maintained by VTA, its directors, officers, officials, employees, or volunteers may apply only as excess to RECIPIENT’s insurance.
RECIPIENT’s insurance must not seek contribution from VTA’s insurance program.
3. Other Insurance Provisions
a. The Certificate must disclose the actual amount of the Deductible or Self-Insured Retention
b. If any coverage forms or endorsements required by this AGREEMENT are updated by their publishers, whether they be the insurance carrier(s), the Insurance Services office, or the American Association of Insurance Services, during the duration of this AGREEMENT, VTA reserves the rights to require RECIPIENT to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle.
D. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A VII (financial strength rating of no less than A and financial size category of no less than VII), unless specific prior written approval has been granted by VTA.
E. Certificates of Insurance
RECIPIENT must furnish VTA with a Certificate of Insurance. The certificates for each insurance policy are to be signed by an authorized representative of that insurer. The certificates must be issued on a standard ACORD Form. The RECIPIENT must instruct their insurance broker/agent to submit all insurance certificates and required notices electronically in PDF format to [email protected]. All endorsements must be attached to the ACORD certificate in a single PDF document.
The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the SIRs/deductibles or lack thereof and the policy term, (2) include copies of all the actual policy endorsements required herewith, and (3) in the “Certificate Holder” box include:
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the VTA Contract number must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be listed, Certificate Holder must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed to all policies as stated in the Contract Documents.
Rev 1.17.25 Page 19 of 19
It is a condition precedent to award of this AGREEMENT that all insurance certificates and endorsements be received and approved by VTA before AGREEMENT execution. No work may be performed until insurance is in full compliance. VTA reserves the rights to require complete, certified copies of all required insurance policies, at any time.
If RECIPIENT receives notice that any of the insurance policies required by this Exhibit may be cancelled or coverage reduced for any reason whatsoever, RECIPIENT must immediately provide written notice to VTA that such insurance policy required by this Exhibit is canceled or coverage is reduced.
F. Maintenance of Insurance
If RECIPIENT fails to maintain insurance as required herein, VTA, at its option, may suspend payment for work performed and/or may order RECIPIENT to suspend work at RECIPIENT’s expense until a new policy of insurance is in effect.
Ed. Rev. 10-1-19
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update on the Security Improvements at the McCarthy Ranch Sewer Lift Station (Main Lift) and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/6/2025
Recommendation: (1) Receive an update on the security improvements at the McCarthy Ranch Sewer Lift Station; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
BACKGROUND:
Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.
Consistent with applicable State law and Council Resolution, on July 30, 2024, the Public Works Director declared an emergency and authorized the City to contract with Trofholz Technologies and Diamond Fencing to implement various security and access control improvements to the McCarthy Ranch Sewer Lift Station (Main Lift). Further, within the required timeframe the Public Works Director informed the City Council via Information Memorandum on July 31, 2024, regarding the emergency authorization, the reasons for the authorization, and the cost for repair in a not to exceed amount of $700,000.
PROJECT/STATUS UPDATE:
Security system enhancements to include cameras, card readers, and motion sensor alarms are complete.
The perimeter fence installation has also been completed. Gates were supposed to be installed in late April, however there has been a slight delay. The Gates should be installed in early May and the project is expected to be completed by the end of May.
FISCAL IMPACT:
Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget. CIP Project 6124 – Sewer Pump Station Rehabilitation Project will fund the installation of security cameras, card readers, and motion sensors. The funding source of this CIP project is Sewer Infrastructure Fund. The available balance as of 01/07/2025 is $1,277,987.
CIP 6130 – Main Lift Odor Emission Control Project will fund the removal and replacement of the perimeter fencing. The funding source of this CIP Project are Sewer Infrastructure Fund, and Sewer Treatment Fund.
The available balance as of 01/07/2025 is $14,852.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
RECOMMENDATION:
(1) Receive an update on the security improvements at the McCarthy Ranch Sewer Lift Station. (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
ATTACHMENT(S):
None.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution to Adopt the Public Art Master Plan (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/6/2025
Recommendation: Adopt a resolution to adopt the Public Art Master Plan.
BACKGROUND:
The City of Milpitas Public Art Program has been part of the City's broader effort to foster cultural expression and enrich the community environment. Milpitas formally established its Public Art Program in the early 2000s and incorporated art into public spaces, such as parks, libraries, and City buildings via public projects.
To ensure the program's continued success, the City of Milpitas established the Milpitas Arts Commission in 2003. The Commission is responsible for reviewing and recommending public art installations and advising on arts-related policies. In 2014, the City of Milpitas adopted a Public Art Requirement for Private Development Ordinance, which requires that certain new private developments install publicly accessible works of art onsite or deposit in the Public Art Fund an amount equal to at least one-half of one percent of the project’s development costs for the acquisition and placement of public art throughout the City.
In FY 2022-23, City Council approved funding to develop a Public Art Master Plan as part of the Public Art Capital Improvement Program (CIP) project budget and approved the Arts Commission annual work plan, which included working with staff on developing a formal Public Art Master Plan, including an assessment of the existing collection, maintenance recommendations, and public art policies.
In April 2024, following a formal Request for Proposals, the City engaged the services of a consultant, Designing Local, to develop a Public Art Master Plan for Milpitas tailored to the community’s vision and incorporating best practices in the field.
Designing Local conducted extensive community outreach to seek public impressions about the current perception of public art in Milpitas and what the community hopes to see going forward. Additionally, they contracted ACT Art Conservation to make a condition assessment of 28 pieces in the current collection and with the Roth Art Group to provide an appraisal report of the replacement value of the current pieces. This information informs Designing Local’s Master Plan recommendations.
Community Engagement
Community engagement began in June 2024 and was conducted via City-wide surveys, stakeholder interviews, and onsite community engagement with interactive community art-making activities offered in conjunction with the onsite engagements. Comprehensive surveys were distributed in English, Spanish, Simplified Chinese and Vietnamese, with more than 150 people responding. One-on-one stakeholder conversations were conducted with 25 people including commissioners, artists, and City staff. On-site engagement was conducted at the Milpitas Library, Barbara Lee Senior Center, Milpitas Sports Center, Milpitas Teen Center, and Milpitas Community Center. The first series of on-site engagements occurred in September 2024 and included community artmaking at the Lantern Festival.
The second series of engagements to review the draft master plan recommendations began in February 2025.
In-person community meetings to review the draft plan along with artmaking at various locations such as the
Community Center and Milpitas José Esteves Library, were held. Artwork created through these engagements was unveiled at the March 2025 Holi Festival.
Additional feedback to the draft master plan was also provided through an online survey.
Community Feedback
Respondents see Milpitas as a culturally-expansive, family-oriented City with a genuine small-town feel. They seek artwork that is vibrant, inclusive, meaningful, uplifting and invites curiosity. Survey and stakeholder responses to the current collection revealed that the concept of public art is generally misunderstood, for example, confusing art enhancements with public art projects. Additionally, respondents felt the current collection lacks continuity and the pieces are not representative of the diverse community. The types of art that were most desired are functional art, murals and sculptures.
Feedback received from the plan review were very positive, with members of the public excited about potential themes and locations, and pleased the City is making efforts to create a formal Public Art Master Plan.
City Council received a presentation on the draft Public Art Master Plan at its regular meeting on April 15, 2025. Three members of the public spoke in support of the item. The Council overall was in support of the Public Art Master Plan vision, strategic plan recommendations, potential project locations, suggested themes, and strategic recommendations. Feedback from the City Council was received regarding their appreciation of the plan, the importance of murals, the importance of art in areas such as Hidden Lake Park and Jacklin Road, as well as support for a potential increase in the percentage required for private development to contribute towards public art. No potential amendments or concerns were raised by City Council.
ANALYSIS:
The Public Art Master Plan (Attachment A) is the guiding document that establishes policy guidelines to ensure a consistent decision-making process related to the acceptance, placement, display, and long-term maintenance of public art funded in full or in part by the City and/or public and installed on City-owned property. The final Plan includes an assessment of the existing public art collection including valuation, recommendations for maintenance and deaccession, plan implementation, and funding strategies. The following key strategies will be used to provide a high-quality public art program for the Milpitas community.
Vision Statement for Public Art
Milpitas will be a city where public art is a dynamic and inclusive force that fosters belonging among all, reflects Milpitas’ diverse population, and deepens the quality of life for all residents.
Strategic Plan Recommendations
1. Make this collection community-centric, inclusive and accessible. This includes bilingual interpretive material, QR codes linking to additional information, and a Public Art Field Guide.
2. Operate within the regional context of larger cities San Francisco and San José, with Milpitas’ emphasizing its community pride through public art on a local scale.
3. Strategically place artwork in high traffic areas and gathering places.
4. Collaborate with other City departments, the community, local businesses, schools, and cultural organizations.
5. Balance tradition and innovation, using different mediums to engage a wider audience and promote creative wellness in a STEM-centric community.
6. Establish sustainable funding mechanisms.
Project Locations
1. Engraved or inlaid paths (i.e. sidewalks, streets)
2. Expanded Utility Box Program
3. Functional art and social spaces
4. Hetch-Hetchy Trail Interventions
5. Hidden Lake Park Staircase Mural
6. Hillside Intervention
7. Media projects along Jacklin, Abel and North Milpitas
8. Placemaking Public Art at key intersections
9. Rotating 2-D art on digital billboards
10. Skatepark Public Art Enhancement
11. Utility pole activations
Themes
1. Always in Motion
2. A Common Language
3. The Gathering House
4. Land of Sunshine, Fruit, and Flowers
Strategic Recommendations
1. Policy Updates including a Collection Management Policy, Acquisition Policy and formalizing duties of the Public Art Administrator.
2. Audit of collection and appropriate maintenance, including considerations of deaccession, on-call maintenance, emergency plan, and a five-year maintenance plan.
3. Expand funding, including increase to 1.5% for art and define which projects are eligible.
4. Relationship building, including partnerships with VTA, BART, Caltrans, and Milpitas Office of Economic Development and Planning Departments, explore mural easements with local businesses, consider matching grants for murals on private property, collaborate with local businesses on private installations, providing courtesy reviews of installation proposals.
5. Increase accessibility, including installing consistent signage that is bilingual and has a QR code link for more information, publish a field guide with new editions every 5-10 years, and add online public art map.
POLICY ALTERNATIVE(S):
Alternative: Do not adopt the Resolution adopting Public Art Master Plan.
Pros: None
Cons: Significant City resources have been expended to gather public input, assess the existing public art collection, and benchmark against neighboring cities and national best practices to develop a plan tailored for this community’s needs and desires. Adoption of a Public Art Master Plan costs the City nothing, while providing the Arts Commission, City Council and City staff valuable information to guide decision-making, including best practices, regional trends, and a summary of public sentiment.
Reason not recommended: As a community Milpitas has a decades-long commitment to Public Art. Even absent a Public Art Master Plan, it is likely to continue to invest City resources in public art. However, without a roadmap, it is subject to making uninformed decisions that could cost City resources and fail to maximize the positive impacts public art can provide.
FISCAL IMPACT:
There is no fiscal impact associated with adopting the Public Art Master Plan. After adoption, the Public Art Fund will be the primary source of funding for public art projects and initiatives. The current balance in the Public Art Fund is $998,702. The current balance of the Public Art CIP project is $558,888.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
This action is continuing administrative activity related to overall policy and procedure making and is not a project pursuant to Cal. Code Regs., tit. 14, § 15378. The project has no potential for resulting in either a direct physical change in the environment, or reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub. Resources Code, § 21065 and Cal. Code Regs., tit. 14, § 15378. The
project entails the operation and minor alterations of existing public structures, facilities, or topographical features, involving negligible or no expansion of existing or former use and is exempt from CEQA pursuant to Cal. Code Regs., tit. 14, § 15301.
RECOMMENDATION:
Adopt a resolution to adopt the Public Art Master Plan.
ATTACHMENT(S):
(a) Draft Public Art Master Plan
(b) Resolution
MILPITAS
PUBLIC ART MASTER PLAN
CONTENTS
INTRODUCTION.............................4
Executive Summary 6
Why Explore a Public Art Plan Now? 7
COMMUNITY IDENTITY+
BACKGROUND...............................8
Legacy + History of the Program 10
Current Collection, Placement + Context 11
Engagement + Outreach Summary 13
Survey Graphics 14
Stakeholder Report 20
PUBLIC ART VISION + GUIDING
PRINCIPLES: AN EVERYONECENTERED APPROACH................20 Vision for the Public Art Master Plan 25
Public Art Guiding Principles 26
Public Art Typologies 28
MILPITAS-SPECIFIC LOCATIONS +
THEMES FOR PUBLIC ART............38
Locations for Public Art Placement 40
Themes For Public Art 62
STRATEGIC
RECOMMENDATIONS..................68
Program + Administrative Recommendations 70
Summary of Strategic Recommendations 72
APPENDIX.....................................74
ACT Conservation Collection Assessment
Roth Art Group Collection Appraisal Report
Percent for Art Case Studies
Percent for Art Ordinance Recommended Draft
Updates
Public Art Policy Recommended Draft Updates
EXECUTIVE SUMMARY
WHY EXPLORE A PUBLIC ART PLAN NOW? 01 INTRODUCTIONC
H
A
P
TER
O
NE
Vickie Jo Sowell,
Legends of Milpitas
EXECUTIVE
SUMMARY
PLANNING PROCESS
The Milpitas Public Art Master Plan is informed by community engagement, stakeholder feedback, and national best practices.
Chapter 1 provides an overview of the Plan, and offers a vision for public art in Milpitas over the next decade. This chapter also addresses how the Plan connects with existing City initiatives to support growth, livability, and existing resources.
Chapter 2 outlines the City’s current public art collection and program history through a present-day lens. This Plan’s stakeholder report captures data, feedback, and community input about the current collection, as well as opportunities for its growth. Taking into account everything we heard from the community.
Chapter 3 offers a comprehensive suite of public art projects and placemaking ideas that align with this Plan’s vision statement. In addition to specific project recommendations, this chapter also provides an overview of public art typologies, which are designed to introduce public art concepts to
audiences (including developers or other prospective partners) who may be less familiar with the benefits and possibilities of public art.
Finally, Chapter 4 evaluates current administrative practices, and offers recommendations to maximize the facilitation and care of public art in Milpitas. General recommendations for the public art program and the role of public art in Milpitas are also presented in this chapter.
WHY EXPLORE A PUBLIC ART
PLAN NOW?
Public art reveals a community’s identity, in addition to creating a sense of place. Survey respondents and stakeholders repeatedly described Milpitas as a culturally-expansive, family-oriented City with a strong park system and proximity to Bay Area destinations.
With a largely tech-driven workforce in the heart of Silicon Valley, Milpitas has attracted residents from across the world, resulting in a vibrant, highly diverse community, with a genuine smalltown feel. This Public Art Master Plan aims to identify strategies for public art placement, typologies, and themes that enhance Milpitas’ livability and quality of life, while supporting the City’s goals for continued growth.
As it looks to the future, Milpitas is also in a distinct moment in its history. The City’s population has become increasingly diverse with each generation, and will continue to embrace neighbors from around the world. Public art is not only a powerful mechanism for bridging the past and the future, but also it is an essential part of connecting residents with each other across language or cultural divides. Through its beloved parks, civic amenities, and other public spaces, Milpitas’ public art will convey that all are welcome—and belong.
Milpitas offers its over 80,000 residents a high quality of life through its community facilities, access to multiple public transit systems, diverse population, proximity to San Francisco, and picturesque location along the Diablo Range. As the City anticipates new development and growth, the Milpitas 2040 General Plan seeks to maximize livability while ensuring fiscal sustainability. Milpitas’ population increased nearly 13% between 2012 and 2022, correlating with the rapid rise of the tech industry, yet many residents voiced that the City has retained a small-town feel, largely attributed to its close-knit neighborhoods, ample parks, and amenities.
Joe Bologna, Patricia Vader,
Kicker Kid
James Dinh,
Circle of Time
INTRODUCTION 7
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5 CHAPTER 2
LEGACY + HISTORY OF THE PROGRAM
CURRENT COLLECTION, PLACEMENT, AND CONTEXT
ENGAGEMENT + OUTREACH SUMMARY
SURVEY GRAPHICS
CSTAKEHOLDER REPORT H
A
P
TER
T
W
O
02 COMMUNITY IDENTITY
+ BACKGROUND
Adrian Susnea-Litman,
Birds of Paradise
LEGACY + HISTORY OF THE PROGRAM
Milpitas has a long history with public art and reflects the community’s long-standing desire for arts to be integrated into daily life.
Public art in Milpitas emerged from a community-led,
grant-funded “Art in Your Park” project to enliven the
City’s neighborhood parks and represent the community.
Project ideas and artwork selections were the result
of resident input, and artworks reflected individual
CURRENT COLLECTION,
PLACEMENT + CONTEXT
Milpitas’ current collection comprises 28 objects in an impressive range of styles, including traditional bronzes, contemporary murals, and kinetic sculpture. The collection is primarily focused on the City’s history, and threedimensional sculpture is the most represented public art typology in the collection.
As part of the Public Art Master Plan, the City has
commissioned its first collection assessment, performed and developed by ACT Art Conservation. This assessment
provides detailed information about each object’s overall condition, outlines any recommended maintenance
treatments, and proposes strategies for long-term object care.
The current collection has provided a foundation for public art in Milpitas, and many stakeholders expressed gratitude for the neighborhood-centered approach to the growth
of its collection. The program’s future should consider the following goals:
1. Clarifying public art approaches, typologies, and
strategies:
Among community members, there is a desire to clarify
the differences between public art, decoration, and
artistic amenities. While public art can manifest in a
number of ways throughout any community, setting
a consistent tone for the display of the collection can distinguish Milpitas’ public art collection from other
features of public spaces.
2. Widening its community representation:
Public Art in Milpitas should embrace the community’s
many cultures and backgrounds. Many stakeholders
expressed a desire for the City’s public art collection to expand its storytelling, representation, and engagement with its diverse community.
Thematically, the current collection addresses local
histories, community art making, and celebrates Milpitas’ parks and green spaces. The public art program’s origins emphasize the collection’s placement and context, and
the community has embraced the presence of art in
these public spaces for decades. Taking this background into account, a key recommendation of the plan is to
strategically place future art in locations that will yield positive, frequent engagement with the public, while also identifying non-traditional opportunities for public art placement.
Scott Donahue,
Watching You
neighborhoods. Two decades later, Milpitas’ beloved
public spaces feature 28 artworks ranging from sculpture to functional mosaic benches.
As the program has evolved, the City has implemented
artworks around Milpitas and in its civic facilities. In 2014, the City’s public art ordinance was adopted, which formalized the program, the Arts Commission, and the
City’s one-half of one percent for art policy.
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
Adrian Susnea Litman, Thriving Legacy
“This mural commemorates and celebrates members of our community who had a significant contribution to the development of the City of Milpitas.” CHAPTER 2
LEGACY + HISTORY OF THE PROGRAM | 11
ENGAGEMENT + OUTREACH SUMMARY
Community Engagement for this Plan occurred between July 2024 and March 2025. During this time, the project team… • Created and distributed public art surveys in English, Spanish, Simplified Chinese, and Vietnamese
• Gathered more than 150 survey responses • Facilitated 25 one-on-one stakeholder conversations • Conducted on-site community engagement at the Milpitas Library, Barbara Lee Senior Center, Milpitas Sports Center, and Milpitas Teen Center
• Managed two interactive community art-making activities: the first occurred in September 2024 during the Lantern Festival and was facilitated by artist Edi Hsu, and the second coincided with the March 2025 Holi Festival and was led by Saranya Chandrasekaran.
Individual conversations took place with City staff, regional arts leaders, current and former Arts Commission members, local business owners, and elected officials.
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
CHAPTER 2
ENGAGEMENT + OUTREACH SUMMARY | 13
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
CHAPTER 2
ENGAGEMENT + OUTREACH SUMMARY | 15
SURVEY GRAPHICS
WHERE DO YOU RECALL SEEING PUBLIC ART IN
MILPITAS?
IF THERE WAS MORE PUBLIC ART IN MILPITAS,
WOULD MILPITAS BE A BETTER PLACE TO LIVE?
HOW WOULD YOU RATE THE OVERALL QUALITY
OF PUBLIC ART IN MILPITAS? RESPONSES
City Hall Library Bart Station Parks Electrical
Boxes
Community
Center
0 10
20 30
40 50
0 25
50 75
100
32 avg.
RESPONSES
WHERE DO PEOPLE GATHER IN MILPITAS?
Other Public Spaces
11.5%
22.0%
18.3%
17.9%
17.9%
12.4%
Parks & Trails
Restaurants
Local Businesses or
Shopping Districts
School Events
Homes
and Neighborhoods
WHAT IS YOUR RELATIONSHIP TO MILPITAS?
Live in Milpitas
Live & Work in Milpitas
Work in Milpitas
Regularly Visit Milpitas For
Shopping, Recreation and
Socialization
0 25 50 75 100
RESPONSES
0 5.2 10
STRONGLY AGREE NEUTRAL STRONGLY DISAGREE
WHAT WORDS OR PHRASES WOULD YOU USE TO
DESCRIBE MILPITAS?
WHAT OTHER CITIES HAVE GOOD PUBLIC ART, IN
YOUR OPINION? RESPONSES
0 10
20 30
San Jose San Francisco Palo Alto Oakland
WHAT IS YOUR FAVORITE PUBLIC ART IN
MILPITAS?
#2
#1
#3
#4
#5
Minuteman Statue
Art At Murphy Park
Murals At The Library
Children Sculptures
Ceramic Tower
WHAT IMAGE COMES TO MIND WHEN YOU
THINK ABOUT PUBLIC ART IN MILPITAS?
5 9
7 12
STATUES 18
MURALS
SCULPTURES
THE
MINUTEMAN
NATURE
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND SURVEY GRAPHICS | 17
CHAPTER 2
WHAT TYPES OF PUBLIC ART WOULD YOU LIKE TO SEE
MORE OF IN MILPITAS?
Functional Art 75%
Interactive Installations 56%
Temporary Installations 52%
Light Installations 48%
Architectural Elements 42%
Multimedia 22%
Other 4%
Murals 74%
Sculptural 72%
DO YOU FEEL LIKE EXISTING PUBLIC ART IN MILPITAS
REFLECTS YOUR VALUES?
0 5.3 10
STRONGLY AGREE NEUTRAL STRONGLY DISAGREE
DO YOU FEEL LIKE EXISTING PUBLIC ART IN MILPITAS
REFLECTS YOUR IDENTITIES?
0 5.5 10
STRONGLY AGREE NEUTRAL STRONGLY DISAGREE
DO YOU FEEL LIKE PUBLIC ART IN MILPITAS REFLECTS
THE MILPITAS COMMUNITY?
0 5.1 10
STRONGLY AGREE NEUTRAL STRONGLY DISAGREE
WELCOMING COLORFUL INSPIRING INCLUSIVE VIBRANT
PUBLIC ART IN MILPITAS SHOULD FEEL:
WHAT IMPACT SHOULD PUBLIC ART HAVE IN MILPITAS?
63 105
95 76
68 111
57 75
66 109
47 40
64 28
40 52
48 24
57 51
53 27
39 64
14 9
7 13
21 8
25 12
20 3
51 34
HONORS THE HISTORY OF MILPITAS
CELEBRATES THE DIVERSITY OF MILPITAS
STRENGTHENS THE IDENTITY OF MILPITAS
ANCHORS PLACES WHERE PEOPLE GATHER
CREATES WHIMSICAL SURPRISES FOR PEDESTRIANS
BUILDS PRIDE IN THE CITY
SPARKS CONVERSATION
ENHANCES THE BUILT ENVIRONMENT
CREATES AN OPPORTUNITY FOR REFLECTION AND MEDITATION
BEAUTIFIES MILPITAS’S BUILDINGS, STREETS, AND CITY-OWNED FACILITIES
CREATES SELFIE SPOTS
IDENTIFIES SPECIFIC NEIGHBORHOODS THROUGHOUT MILPITAS
HIGH PRIORITY MEDIUM PRIORITY LOW PRIORITY
WHAT ARE SOME CHARACTERISTICS OF A PLACE IN
MILPITAS THAT MAKE YOU FEEL A SENSE OF BELONGING?
MIDTOWN AREA
GATEWAYS
MILPITAS METRO AREA
GOVERNMENT BUILDINGS
MAJOR INTERSECTIONS
MIXED-USE DEVELOPMENTS
#1 PARKS
#2
#3
#4
#5
#6
#7
WHERE WOULD YOU LIKE TO SEE MORE
PUBLIC ART IN MILPITAS?
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND
CHAPTER 2
SURVEY GRAPHICS | 19
STAKEHOLDER REPORT
MILPITAS PUBLIC ART MASTER PLAN
The following questions were asked to
each stakeholder:
1. What is your relationship with/
connection to public art in Milpitas?
2. Do you feel that the current public
art landscape and/or collection is
reflective of the identity of Milpitas?
Why or why not?
3. What are the most successful
examples of public art in Milpitas and
why?
4. What are the least successful
examples of public art in Milpitas and
why?
5. What is your vision for public art in
Milpitas and its impact?
6. Where would you like to see more
public art in Milpitas?
Following is a summary of feedback
heard during individual interviews. The
information is divided into small sections
to provide a snapshot of themes from
the stakeholders.
WHAT IS THE CURRENT PERCEPTION OF
PUBLIC ART IN MILPITAS?
• Public Art is misunderstood: Among
community members, there are
misconceptions about the differences
between public art, decoration, and
artistic amenities.
• Administrative hurdles: Processes
for public art are complex and
slow-moving, leading to fewer
annual opportunities for project
implementation.
• Unclear vision: Varying priorities and
shifting program goals have made
it difficult to unite the collection’s
identity.
• Not representative of Milpitas’
diverse community: Public Art
in Milpitas should embrace the
community’s many cultures and
backgrounds, but according
to survey results, half of the
community does not feel that the
collection fosters belonging
WHAT IS THE IDENTITY OF MILPITAS?
Survey respondents and stakeholders
repeatedly described Milpitas as a
culturally-expansive, family-oriented
City with a strong park system and
proximity to Bay Area destinations.
With a largely tech-driven workforce
in the heart of Silicon Valley, Milpitas
has attracted residents from across
the world, resulting in a vibrant, highly
diverse community, with a genuine
small-town feel.
WHAT TRAITS DOES MILPITAS WANT
TO SEE IN FUTURE PUBLIC ART?
• Visually vibrant: Colorful, inspiring,
fun
• Curious: Interactive, stimulating,
thought-provoking, transformative
• Inclusive: Diverse, representative
of the community, welcoming to all
• Meaningful: Historic,
contemplative, tells a story
• Positive: Happy, joyful, uplifting,
peaceful
VISION STATEMENT FOR THE
MILPITAS PUBLIC ART MASTER PLAN
Milpitas will be a city where public
art is a dynamic and inclusive force
that fosters belonging among all,
reflects Milpitas’ diverse population,
and deepens the quality of life for all
residents.
STRATEGIC RECOMMENDATIONS
The following recommendations in
the Public Art Master Plan will offer
strategies to support the Vision:
• Community-centric, Inclusive,
and Accessible: Public art
should resonate with the diverse
community, especially younger
demographics. The collection
should be more accessible,
which can be addressed through
bilingual interpretive materials,
contextualizing QR codes, and
a Public Art Field Guide. The
process of creating public art
should involve residents in
decision-making, from concept to
installation.
• Regional context: Among larger,
regional cities (such as San
Francisco and San Jose), Milpitas’
public art and cultural resources
are well-sized to meet needs of
the community, which supports
a continued desire to emphasize
community pride through Milpitas’
public art on a local scale.
• Strategic placement: Art should be
strategically placed to maximize
its impact, such as in high-traffic
areas and community gathering
spaces to strengthen the bond
between the community and
public art.
• Collaboration: A collaborative
approach between City
Departments (including Planning,
Recreation & Community Services,
and Economic Development)
and the Community (developers,
artists, neighborhood groups, etc.)
is crucial for successful public art
initiatives. The Public Art Program
should also seek collaboration
with businesses, schools, and
cultural organizations to expand
the reach of public art.
• Balancing Tradition and
Innovation: Milpitas should strike
a meaningful balance between
traditional forms of expression and
innovative mediums to engage a
wider audience and stay relevant
in Silicon Valley. The City is poised
to be an example of how public
art can support creative wellness
within a STEM-centric community.
• Sustainable funding mechanisms:
While the existing Percent
for Art ordinance provides
substantial funding support for
public art acquisition in Milpitas,
stakeholders expressed a desire
for clear forms of support for
long-term collection care and
maintenance. The City should
consider increasing the half
percent developer fee to one
percent, or greater.
MaryAnn. Baker, Happy Hats Bench
CHAPTER 1 CHAPTER 3 CHAPTER 4 CHAPTER 5
COMMUNITY IDENTITY + BACKGROUND STAKEHOLDER REPORT | 21 CHAPTER 2
C
H
A
P
TER
T
H
REE
03 VISION FOR THE PUBLIC ART MASTER PLAN
PUBLIC ART GUIDING PRINCIPLES
PUBLIC ART TYPOLOGIES
PUBLIC ART VISION +
GUIDING PRINCIPLES: AN
EVERYONE-CENTERED
APPROACH
Cork Marcheschi,
Fertile Ground
Milpitas will be a city
where public art is a
dynamic and inclusive
force that fosters
belonging among all,
reflects Milpitas’ diverse
population, and deepens
the quality of life for all
residents.
CHAPTER 1 CHAPTER 2 CHAPTER 4 CHAPTER 5
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH CHAPTER 3
VISION FOR THE PUBLIC ART MASTER PLAN | 25
PUBLIC ART
GUIDING
PRINCIPLES
Building on the vision for Public Art in Milpitas, a set of guiding principles for future public art projects and programs will ensure that community feedback from the Public Art Master Plan process is at the heart of decision-making. The following principles are synthesized from community and survey input, and illuminate the traits that the public would like to see in future public art:
Visually Vibrant
Colorful, inspiring, fun
Sparks Curiosity
Interactive, stimulating, thought-provoking, transformative Inclusive
Diverse, representative of the community, welcoming to all Meaningful
Historic, contemplative, tells a story
Positive
Happy, joyful, uplifting, peaceful
Shannon More-Jervis, Marcia Smith,
Hand in Hand Around the Park
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH CHAPTER 1 CHAPTER 2 CHAPTER 4 CHAPTER 5 CHAPTER 3
PUBLIC ART GUIDING PRINCIPLES | 27
PUBLIC ART
TYPOLOGIES
Public art projects can have a range of positive, impactful outcomes in public spaces and communities. This section outlines some different types of public art interventions, engaging opportunities for public involvement in art, and strategies to select public art sites.
SCULPTURES
Sculptures are three-dimensional original artworks that can be made of any material that offers structural stability and durability. Sculptures are scaled to their surroundings and typically do not move from the location in which they are installed. Whether contemporary, whimsical, traditional or something more, sculptures are often the focal points of civic art. Sculptures may commemorate and celebrate
our history, express civic pride, or be established as
culturally-defining showpieces for the town.
Sculptures can take on many shapes and sizes and often
fit well when created in or alongside gateways, parks,
gathering spaces, and community centers. Because
communities can celebrate and enhance their civic
identity, they are especially appropriate in parks and
downtown settings.
ENVIRONMENTAL ART
Environmental art is any kind of outdoor public art
that uses materials with a direct connection to nature, landscaping, or organic materials. Environmental art
can be temporary or permanent, and its scale can vary.
Its thematic context addresses environmentalism and
sustainability.
Matthew Mazzotta, Cloud House,
Springfield, Missouri (2016)
Patrick Dougherty, Summer Palace
Morris Arboretum, Philadelphia, PA (2009)
PUBLIC ART MEDIA
Carla Moss,
Little Alviso Water Tower
CHAPTER 1 CHAPTER 2 CHAPTER 4 CHAPTER 5
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH CHAPTER 3
PUBLIC ART TYPOLOGIES | 29
FIBER
Fiber art is any kind of artwork that uses natural or
synthetic fiber materials as the primary component of
its overall composition. Fiber art can take the form of wall hangings, tree wraps, suspended sculptures, and
beyond. Examples of fiber materials include fabric, yarn, polyurethane materials (like tarp), and mesh.
FUNCTIONAL ART
Functional Art is ordinary infrastructure that has been reimagined and designed by an artist. Integrating unique designs into infrastructure may be an affordable and
efficient way to create a major visual impact. Some
possible options for functional art installations include bike racks, benches, play equipment, medians, subdivision walls, trash cans, transit stops, storm drains, manholes, monument signage, sidewalk treatments and more.
Sui Park, Summer Vibe (2021)
Riverside Park, New York City
Beatriz Mayorca, Evolve (2019)
Oklahoma City, OK
MURALS
Murals are large-scale, two-dimensional compositions
that can be: 1) painted onto the surface 2) graphic
reproductions printed onto vinyl that is adhered to a
surface, or 3) painted onto a panel that is affixed to
the building. Environmental conditions, artwork display duration, artist ability, timeline, and budget are all
considerations for which mural application style is suitable for a project. While curating permanent works of art as part of the collection is important, ephemeral works such as murals allow for the exposure of many artists over a short period of time rather than a few artists over a long period of time.
LIGHT INSTALLATIONS
Artists use lighting in creative and interesting ways in order to manipulate the built environment with limited
physical impacts. Light installations may be used on
existing buildings, in parks on substantial landscape
features, or as part of a larger installation of sculpture.
They may be especially useful and impactful when used in infrastructure projects.
Maria Sengle, Wild Tracks (2024)
Jackson Hole, Wyoming
Mina Cheon, Diamond Sculpture
(Series of 15) 2015
CHAPTER 1 CHAPTER 2 CHAPTER 4 CHAPTER 5
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH CHAPTER 3
PUBLIC ART GUIDING PRINCIPLES | 31
MOSAICS
Mosaics come in many shapes and sizes and include glass or ceramics. The relative flexibility of the application of mosaics responds well to many art contexts. Mosaics
can be inlaid for flooring or wall elements, or they may be a component of a sculpture. Terrazzo floors can be
considered as a kind of mosaic installation.
MULTIMEDIA
Multimedia installations may combine many other art
types in ways that expand the imagination. Video, lighting, sculpture, murals, and more can be combined to make
multimedia installations. Multimedia installations are
especially useful for temporary or pop-up installations.
Kerstin Brätsch, Fossil Psychic Stone Mimicry
(Palladiana, Mosaico_Bench I), 2024–2025
Allegory, Flux Cocoon
Lausanne
SITE-SPECIFIC ART
Site-specific art is artwork that is aesthetically,
conceptually, and/or thematically connected to the unique circumstances, culture, history, and environment of a
particular site. Site-specific art can take many forms, and may be permanent or temporary. In this approach to
art-making, artists extensively research the place, site, or area where the site-specific artwork will be placed.
Site-specific art tells the story of a place through its surroundings, enriching the experience of the place itself.
PERFORMING ARTS
Dance, theater, and spoken word are common types
of public performance. The scale and scope of these
artforms may vary, as well as their performance spaces.
Performing arts are not typically a permitted expenditure for public art funds.
Meg White, Muse of Discovery
Lake Eola Park, Orlando, FL
City of Vacaville, CA 2024 Día de los Muertos
celebration at Andrews Park & CreekWalk Plaza
CHAPTER 1 CHAPTER 2 CHAPTER 4 CHAPTER 5
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH PUBLIC ART GUIDING PRINCIPLES | 33 CHAPTER 3
TIME-BASED MEDIA
Time-based Media is art that is created using
photography, video, film, and/or audio whose composition transpired over a period of time. Time-based media
artwork has clearly-defined beginning and ending points.
This kind of artwork may run on a loop and is suitable
for environments whose conditions are not suitable for
traditional artwork materials. Time-based media typically assumes the form of projection mapping onto buildings, or sound-based artworks.
ITERATIVE PUBLIC ART PROJECTS
An iterative project is one that has many parts united by the same theme. For example, a park may commission
an artist to create a series of sculptures placed in various locations around the park, united by the theme “Larger
Than Life Flowers.” Another example could be a recurring design motif or symbol placed in a range of sites around a town center, such as the famous San Francisco hearts, which take many iconic forms across the city. Iterative projects establish a “trail” for the community to follow across a predetermined area, making them a great option for retail areas, parks, or historic town centers.
PUBLIC ART PLACEMENT STRATEGIES
SINGLE-PRESENTATION PUBLIC ART
PROJECTS
Single-presentation public art projects are those that do not repeat in multiple locations and their compositions are limited to one site. Examples of these kinds of
projects include, a large-scale sculpture commissioned
for a city hall lawn; a unique mural on the facade of a community center; or light installation that is engineered to complement the detailed architecture of a historic
building. Single-presentation projects may be temporary, or long-term, and they are primarily characterized by their function as a landmark in public space.
ART TRAIL + TRANSIT
Taking inspiration from the format of Iterative Public Art Programs, art that is placed along trails or integrated into a Public Transit system can shape transportation routes and provide a captivating, continuous experience for
travelers. The benefits of art integrated into the mass transit experience includes increased ridership, enhanced system identity, and vandalism deterrence, in addition to an overall stimulating and engaging rider experience.
LUMA Festival 2023,
Binghamton, NY
William Crite, Mosaic Tile Mural,
Pasadena, CA (1995)
Hearts in San Francisco, Union Square,
San Francisco, California (2012). Image by Carol Highsmith.
Cecilia Lueza, A Timeless Journey,
Jacksonville, Florida (2017)
CHAPTER 1 CHAPTER 2 CHAPTER 4 CHAPTER 5
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH PUBLIC ART GUIDING PRINCIPLES | 35 CHAPTER 3
PUBLIC PERFORMANCES
Dance, theater, spoken word, or another type of public
performance is an ideal opportunity to be staged in public space or alongside public art. These displays have a
particular relevance when staged at the unveiling of public artworks.
POP-UP + TEMPORARY ART
Pop-up and Temporary Art are public art opportunities
that exist in a community between one day and two
years. Though temporary art is not intended to live for a generation, it can have a lasting impact on a community by creating a sense of surprise and joy in unexpected places.
Some ideal locations for temporary installations include construction sites, sidewalks, alleyways, parks, and
temporarily empty spaces and storefronts. Photography,
chalk art, and artworks made using natural materials are ideal mediums for temporary, rotating experiences.
ENGAGING PUBLIC ART OPPORTUNITIES
COMMUNITY PARTICIPATORY ART
Participatory art involves the community or a public group in the process of art-making, as guided by an artist.
Artwork that emerges from a participatory experience
enhances and celebrates its process and participants
over short or long periods of time. Collaborative art pieces engage people to generate feelings of community pride
and ownership. Milpitas has done a number of community
participatory art projects in conjunction with special
events, and are often a highlight of these programs.
People in Milpitas
most want to
see Functional
Art, Murals, and
Sculptures.
Teddy Adams Band,
Savannah, Georgia
Open Air Studio,
Gahanna, Ohio
Community art in Milpitas, CA.
CHAPTER 1 CHAPTER 2 CHAPTER 5
PUBLIC ART VISION + GUIDING PRINCIPLES: AN EVERYONE-CENTERED APPROACH PUBLIC ART GUIDING PRINCIPLES. | 37 CHAPTER 3 CHAPTER 4
C
H
A
P
TER FO
U
R
LOCATIONS FOR PUBLIC ART PLACEMENT
THEMES FOR PUBLIC ART PROJECTS 04
MILPITAS-SPECIFIC
LOCATIONS + THEMES FOR
PUBLIC ART
Vickie Jo Sowell,
Legends of Milpitas
STAIR MURAL +
MOSAIC AT HIDDEN
LAKE PARK
Hidden Lake Park is a true hidden gem in the center of
Milpitas, but it does not yet have a prominent public art piece to anchor its sense of place.
This park provides pedestrian access to the Berryessa
Creek Trail and multiple neighborhoods. Activating this site’s highly visible staircases through a series of mosaic or mural treatments would emphasize Hidden Lake Park as a node for outdoor recreation and connectivity.
COST
$25,000 - $50,000 (Mural)
$100,000 (Mosaic)
SPECIAL
CONSIDERATIONS
None
IMPLEMENTATION
TIMELINE
12 months
Potential Project Placement
Ashley Corbello
Roeland Park, KS
Tori Shao
Issaquah, WA
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 5
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 41 CHAPTER 4
HILLSIDE INTERVENTION
Milpitas’ picturesque hills have shaped the City’s footprint, culture, and history for centuries. Public art could celebrate the landscape’s history through a combination of temporary and permanent interventions, and offer an experience that is unique to Milpitas.
Although parts of the hillside may not have public access, public art can enhance the natural wonder and beauty of this majestic landscape, inspiring a strong sense of city-wide pride and sense of place.
COST $25,000 - $200,000+
SPECIAL
CONSIDERATIONS
Partnerships with private,
county, and/or state entities
would need consideration.
Both temporary and
permanent activations
should withstand the
regional rainy and fire
seasons (November-March).
Local ecological and/or
environmental partners may
be a helpful resource to
implement projects that are
sustainable and compliant
with local and state laws.
IMPLEMENTATION
TIMELINE
12- 18 months
Christo and Jeanne Claude, The Umbrellas
1991 (Los Angeles County)
Kelsi Anderson, Birds of Paradise
2024 Santa Rosa, CA Bruce Munro, Sensorio
Paso Robles, CA
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 43 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
PUBLIC ART AND
PLACEMAKING AT KEY
INTERSECTIONS
Survey respondents selected Midtown Milpitas (near Main Street and Calaveras) as the place where they would most like to see public art in Milpitas. Implementing strategic public art projects along Main Street— specifically at the intersections with Weller (north end of Milpitas Library) and Serra (in front of Central Plaza)—offers a creative approach to defining Milpitas’ intended public gathering areas. These nodes bookend Milpitas’ downtown area, but could be better defined by crosswalk murals, gateway projects, or iterative treatments in walkways or on lightpoles.
It will be key to integrate public art at these sites in flexible ways: not only should public art enliven Main Street, but also it should define these intersections as primary sites for gathering, activities, and events.
Paver compositions or murals would designate these intersections as centerpieces of the community.
COST $25,000 - $200,000+
SPECIAL
CONSIDERATIONS
Partnerships with private, county,
and/or state entities would need
consideration, based on right-ofway jurisdiction. Both temporary and permanent interventions
should be considered and aligned
with seasonal activities.
IMPLEMENTATION
TIMELINE
6-18 months
Richard Nickel, VIBE District Crosswalk
Virginia Beach, VA
Potential Project Placement Cecilia Lueza, Summertime, 2021 Clearwater, Florida
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 45 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
ROTATING
2-DIMENSIONAL ART ON
DIGITAL BILLBOARDS
The City has previously been given access to two digital billboards on Interstates 237 and 880. These sites are ideal for two-dimensional digital art opportunities that could rotate on a regular basis, but would require that the City enter into easement agreements with the billboard owners.
The digital billboard in front of City Hall would be an ideal opportunity for community-created artwork, or projects by local and emerging artists. Implementation for these projects is similar to mural processes, but because artists’ work would be digital, this opportunity could offer emerging public artists hands-on experience with municipal art practices.
COST
$5,000 - $10,000 per project,
before ongoing maintenance
costs
SPECIAL
CONSIDERATIONS
Partnerships with private,
county, and/or state entities
would need consideration,
based on right-of-way
jurisdiction. Both temporary
and permanent interventions
should be considered and
aligned with seasonal
activities.
IMPLEMENTATION
TIMELINE
6 months
Pelle Cass, Pink Dancers, 2023
Override Billboard Project, Chicago, Illinois
Wendy Toogood, Loop, 1982
Calgary Art Collection Elaina Dyke, Petals, 2021
Art in The Open, Hannibal Arts Council
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 5
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART
CHAPTER 4
LOCATIONS FOR PUBLIC ART PLACEMENT | 47
COST $25,000 - $200,000+
POSSIBLE
PARTNERS County and State agencies
SPECIAL
CONSIDERATIONS
Aim to site these works on
City-controlled property and
City-managed Rights-of Way.
Aspirational projects along
Calaveras/237 would require
partnership with CalTrans.
IMPLEMENTATION
TIMELINE
18-24 months
Potential Project Placement
MEDIAN PROJECTS
ALONG JACKLIN, ABEL,
AND N. MILPITAS BLVD.
Public art strategically located at primary entrance points into Midtown Milpitas and along major thoroughfares will welcome all into the city with unexpected whimsy, presence, and personality. Using infrastructure as a canvas, public art at these sites could be painted murals or structural enhancements designed by artists.
These interventions not only add character and visual
interest to the area, but also provide opportunities for traffic calming and enhanced safety. Temporary and permanent
interventions should be explored to maximize visual interest.
Papel Picado
Elizabeth Carrington
Melissa Martinez, Take Flight, 2014
Tempe, Arizona
CHAPTER 1 CHAPTER 2 CHAPTER 3
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART
CHAPTER 4 CHAPTER 5
LOCATIONS FOR PUBLIC ART PLACEMENT | 49
ENGRAVED OR INLAID
PATHS
Milpitas’ parks are already beautiful spaces for connection and recreation. Walking is both a popular pastime and
transportation modality for residents of all ages. An
ongoing series of engraved or invalid walking paths provide opportunities to enhance and enrich pedestrian experiences, while also elevating the City’s infrastructure and public spaces.
These artist-designed projects could celebrate the
many journeys of Milpitas’ diverse community and the
City’s multilingual population through a series of words, phrases, and languages. The Hetch-Hetchy Trail is an ideal opportunity for this intervention, given its gravel paths and high visitorship.
COST $25,000 - $100,000+
SPECIAL
CONSIDERATIONS
Neighborhood groups, cultural
organizations
IMPLEMENTATION
TIMELINE
12 - 18 months
Potential Project Placement
Esther Shalev-Gerz, The Shadow, 2018
University of British Columbia, Vancouver, Canada
Ryah Christensen, Reflections on the Brazos, 2015
Austin, TX
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 5
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART
CHAPTER 4
LOCATIONS FOR PUBLIC ART PLACEMENT | 51
HETCH-HETCHY TRAIL
INTERVENTIONS
Despite being part of a larger trail system, Milpitas’ HetchHetchy Trail locations are integrated into the City’s urban fabric. These could be ideal locations for pop-up experiences and temporary projects, which would not require permanent placement, structural engineering, or invasive installation.
Similar pop-up experiences could occur in any of Milpitas’ larger parks as well.
Additionally, the water tanks located in these parks are ideal opportunities for murals to enliven the trail experience.
ARTWORK $5,000 - $25,000+
SPECIAL
CONSIDERATIONS
An easement or MOU with the
National Park Service will likely
be required for all projects.
IMPLEMENTATION
TIMELINE
12- 18 months
Chiaozza, Lawn Lumps Photo by Daniel Avila
NYC Parks
Fional Clarke
POTENTIAL
LOCATIONS FOR
HETCH-HETCHY
TRAIL LOCATIONS
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 53 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
EXPANDED UTILITY BOX
PROGRAM
Utility Box art remains one of the most high-impact, costeffective approaches to public art and placemaking. There are 77 city-owned utility boxes that are prime opportunities for public art. Milpitas has implemented painted utility boxes in the past, but vinyl projects offer a greater range of project possibilities, as artists’ work is digitally transformed into the vinyl wrap. This option also offers straightforward maintenance, and can be replaced every 3-5 years.
The structure of the Utility Box program could be expanded to the restroom facilities and service buildings at Milpitas’ many parks.
COST $1,500 - $5,000+
SPECIAL
CONSIDERATIONS
None
IMPLEMENTATION
TIMELINE
3-6 months
John Thurston, Hillcrest, CA
Unknown Utility Box
POTENTIAL
LOCATIONS FOR
UTILITY BOX
PROGRAMING
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 55 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
FUNCTIONAL ART AND
SOCIAL SPACES
Milpitas’ parks are a beloved community asset, in addition to serving as the catalyst for the City’s public art program over two decades ago. Artist-designed social spaces feature unique, visionary elements that foster interaction and connection.
Additionally, functional features enhance the site through otherwise ordinary elements of public spaces. The City already features a number of artist-designed benches in its collection, which could continue to grow through newly-commissioned waste receptacles, bike racks, shade structures, and other standard fixtures.
Incorporating such features around Milpitas bolsters neighborhood engagement and enhances park spaces through whimsical, yet highly practical artist-design features.
ARTWORK
$100,000 - $2 million,
depending on size and scope
of project
SPECIAL
CONSIDERATIONS
Placement in hightraffic settings, material
maintenance, seasonality of
installations
IMPLEMENTATION
TIMELINE
3 months for readymade
pieces to 18 months for
commissioned projects
RE-site, Nested Hive, 2021
Charlotte, NC
Randy Purcell,
Bee Cycle, 2016, Nashville, TN
Yang Chi Lee,
The Wings, 2012, Phoenix
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
LOCATIONS FOR PUBLIC ART PLACEMENT | 57
MILPITAS SKATE PARK
PUBLIC ART ENHANCEMENT
This 20,000 square foot canvas is an unparalleled opportunity to celebrate Milpitas’ vibrancy in a recreational setting.
A series of murals at the Milpitas Skate Park could expand over time, centering around cultural celebration, feature bold and bright colors, and express the very best of Milpitas’ diverse community.
ARTWORK $45-$55 per square foot of
artist-painted surface
SPECIAL
CONSIDERATIONS
Ensuring that appropriate
materials are used for
painting the surface to
ensure public safety, wear
and tear, and artwork
maintenance.
IMPLEMENTATION
TIMELINE
6-10 months, but murals
could develop over many
years, rather than be
installed at one time.
Ian Tilmann Skatepark, Safety Harbor, FL,
Beth Warmath and Heather Richardson
Andrew Schoultz,
Wynwood, Miami
POTENTIAL SKATE
PARK PROJECT
PLACEMENT
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 59 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
UTILITY POLE ACTIVATIONS
Utility poles around feature spaces for standard banners, which are currently utilized for local event advertising and other marketing purposes.
Light poles along Calavares Blvd., in particular, feature spaces for banners, but are currently vacant.
These spaces could also be used for public art in an approach similar to that for utility cabinets and bus stations. If advertising space is a priority for the utility poles, then the program could explore smaller-scaled sculpture installations on the poles, creating a surprising public art trail above walkways and roads.
Claudia Ravaschiere and Michael Moss’ Street
Cathedral Boston
Ai, Summer Connections, 2022. Photography by Tori
Lambermont, Mississauga
POTENTIAL
UTILITY POLE
ACTIVATIONS
LOCATIONS
Any city-owned utility or light poles;
any poles on state-owned roads may
require CalTrans approval.
IMPLEMENTATION
COSTS
Banner: $1,000 artist honorarium +
$1,000 printing and installation fees
Sculpture: up to $20,000 for a multi-site
sculpture installation
SPECIAL
CONSIDERATIONS
Projects should rotate every 8-10
months
IMPLEMENTATION
TIMELINE
The overall project will require 3-4
months for selection and planning, but
installation should require no more
than a few days to a week. This is an-
other prime opportunity for working
with community organizations, emerg-
ing artists, and local youth artists.
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART LOCATIONS FOR PUBLIC ART PLACEMENT | 61 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
THEMES FOR
PUBLIC ART
PROJECTS
The community observed that future public art in Milpitas should strengthen the City’s identity, celebrate the
diversity of Milpitas, and beautify the City’s buildings, streets, and city-owned facilities.
While honoring the City’s history was not identified as a top priority for public art, proposed themes for future projects take inspiration from Milpitas’ history, which can be recontextualized through different lenses to reveal
the City’s unique identity and align with the vision for the Public Art Plan.
ALWAYS IN MOTION
From its early days along the Transcontinental and Western Pacific Railroad, to its present-day VTA and BART services, Milpitas is always in motion. In the 1950s, Ford’s Milpitas plant was known for manufacturing the iconic Mustang, Falcon, and Maverick. Even the modern-day sport of hang gliding has roots in Milpitas: the first successful foot-launch of a hang glider happened over Santa Clara County’s Ed R. Levin County Park.
Today, Milpitas is within Silicon Valley and the Bay Area’s mass transit system, and the City’s stations feature works of public art that celebrate Milpitas’ diversity and natural beauty. The idea that Milpitas is always in motion could be articulated through a number of public art typologies, including a kinetic project (not unlike the always popular Kicker Kid at Cardoza Park), or a series of functional artworks. Such projects should take a nuanced approach to Milpitas’ history with progress, transportation, and motion, and offer neutral imagery and an abstract perspective that serves as a playful, unexpected conversation starter.
LI-sculp-Runners-2002
Bill Gould,
Green Tree
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART THEMES FOR PUBLIC ART PROJECTS | 63 CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 5
A COMMON LANGUAGE
Diverse communities and cultures have shaped Milpitas for centuries, and it continues to be a place where all are welcome. Public art should inspire inclusivity, belonging, and representation, yet half of survey respondents indicated that the current public art collection does not achieve these goals.
Future public art should embrace themes of cross-cultural connection and shared values, but could also highlight the distinct contributions of ethnic and cultural groups to the community. As mentioned above, an artist-designed engraved or inlaid walking path spanning a walkable distance could feature welcoming words in multiple languages. A communitycentered project could include temporary photography displays in Milpitas’ parks featuring original artwork by neighborhood residents, showcasing traditions, places, and customs of the many backgrounds that comprise Milpitas’ rich cultural fabric. The City could also support annual light projections on City-owned buildings, featuring time-based artworks that represent stories, sensations, and experiences of Milpitas’ many communities.
Verse,
Ann Hamilton
Shadows of Meaning
Urban Rock Design, Dreiser
Urban Rock Design, Vortex
THE GATHERING HOUSE
The Gathering House is a proposed large-scale, permanent public art project for placement in one of Milpitas’ main parks or public spaces. This structure functions as a place for connection, sharing, safety, and shelter, and its open structure invites all into its space. Inspired by the legacy of housing integration in the Sunnyhills neighborhood, this project emphasizes shared experiences with neighbors and coming together across our shared needs and values. The potential for community impact through this project is high, as it responds to the community’s need for public art that fosters belonging, celebrates diversity, and honors Milpitas’ history through a nuanced, recontextualization of Sunnyhills’ revolutionary place in American history.
Urban Rock Design
Cloud House,
Matthew Mazzotta
Mili Romano with Studio Ciorra and Sabrina Torelli,
Light Path
I have a story to tell you…,
Pepón Osorio’s
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 5
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART
CHAPTER 4
THEMES FOR PUBLIC ART PROJECTS | 65
LAND OF SUNSHINE, FRUIT, AND FLOWERS
Milpitas is known for its fertile landscape and diverse plants and crops, but the City’s workforce and professional industries have expanded over time. Today, references to its agricultural history are present everywhere, including in its public art. Going beyond realistic representations of this legacy, Milpitas could embrace its identity as the land of sunshine, fruit, and flowers through whimsical, unexpected projects, such as larger-than-life acorn sculptures, fig leafinspired roadway enhancements, and a vibrant, graphic mural at Main and Serra displaying a cornucopia of Milpitas’ historic crops.
Other projects could take a more nuanced approach, including a subtle, artist-designed light installation responding to seasonal daylight cycles, or a series of mosaics that converge themes of development, childhood, and community.
Growth is at the heart of Milpitas’s identity and will continue to foster its future.
Erik and Israel Nordin, The Seed, (2017)
Sterling Heights, MI.
RE-site Chromatic Harvest Arvada Ridge Commuter
Rail Station, Arvada CO 2017
Matthew Mazzotta, Wrapped in Sunbeams, 2021,
LA, California
We Are Fairtrade, Isaac Tapia and Rodrigo Alvarez,
Lawrence, KS
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 5
MILPITAS-SPECIFIC LOCATIONS + THEMES FOR PUBLIC ART
CHAPTER 4
THEMES FOR PUBLIC ART PROJECTS | 67
C
H
A
P
TER
05 FIVE
STRATEGIC
RECOMMENDATIONS
PROGRAM + ADMINISTATIVE RECOMMENDATIONS
SUMMARY OF STRATEGIC RECOMMENDATIONS
Adrian Susnea-Litman,
Garden Fantasy
members of the above transportation
agencies’ art boards and decisionmaking groups.
4.2. Deepen collaboration with the
City’s Economic Development and
Planning departments to encourage
private developers to install public
artworks on their properties when
appropriate, and create literature to
support these efforts.
4.3. Work with local businesses to
explore mural easements through
the City’s existing mural program to
create opportunities for pedestrian
friendly-enhancements to transit
stations and crosswalks, which would
support public safety and traffic
calming goals.
4.3.1. Consider proposing a matching
grant that the City administers to
property owners who indicate interest
in placing murals on their property
within this designated area.
4.3.2. Collaborate with local
businesses on private installations,
and provide courtesy reviews of
installation proposals.
5. INCREASE ACCESSIBILITY TO THE
PUBLIC ART COLLECTION.
5.1. Consistent artwork signage,
possibly in multiple languages, is
needed across the City’s collection
1. POLICY UPDATES
1.1. Expand the Public Art
Program’s current policy to include
a Collection Management policy,
which includes processes for loaned
art, donations, maintenance, and
deaccession. The proposed policy
can be found on p. -.
1.2. Expand the Public Art
Program’s current policy to include
an Acquisition policy, which outlines
processes for purchasing existing
artwork and commission artwork
for addition to the collection. The
proposed policy can be found on p. _.
1.3. Formalize the duties and
responsibilities of a Public Art
Administrator, who may be a parttime staff or consultant position.
2. AUDIT CURRENT COLLECTION AND
EXPLORE APPROPRIATE MAINTENANCE
TREATMENTS
2.1. Consult updated Public
Art Policy document for updated
deaccession and maintenance
processes.
2.2. Determine which pieces, if any,
should be candidates for deaccession
by reviewing the Collection
Assessment report.
2.3. Explore annual cost of an
on-call Conservation Firm for
conservation consultation, treatment
services, preventative conservation
support, and creating an emergency
plan for the collection.
2.4. Develop a five-year
maintenance plan for the collection,
based on the Collection Assessment
report.
3. EXPAND PUBLIC ART FUNDING
3.1. Milpitas should increase its
public art assessment fees for private
development from one-half (.5)
percent to at least one and a half
(1.5%), if not greater to be in line with
surrounding communities and their
commitment to public art in private
development.
3.2. Milpitas should specify that the
private development in-lieu fee is an
amount equal to the assessed 1.5%
3.3. Specify definition of projects
that are eligible (public and private)
4. COLLABORATE WITH PUBLIC AND
PRIVATE ENTITIES
4.1. Strengthen partnerships with
VTA, BART, and CalTrans around
public art opportunities on their
properties and infrastructure. Discuss
partnerships for possible public art
projects on transit infrastructure,
including the Montague elevated
tracks, and the Calaveras Blvd.
medians.
4.4.1. Consider hosting a workshop
for Milpitas’ Arts Commission and
in order to establish the collection’s
identity and presence around
town. Signage should include the
following content: Title of work, artist
name, medium, year installed, artist
statement (If applicable). Interactive
QR codes or other contextual
strategy could be implemented at
each artwork to provide additional
information about each work in the
collection.
5.2. A published Public Art Field
Guide could elevate the City’s pride
in the collection. Updating the guide
and printing new editions would be
recommended every 5-10 years.
5.3. The Collection’s current online
presence could be enhanced with
an online public art map that could
double as a collection management
system for the collection. If this
option is pursued, the collection
should be professionally
photographed, as not all artworks
have been formally documented.
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4
PROGRAM + ADMINISTRATION RECOMMENDATIONS
CHAPTER 5
71
The Plan specifically addresses recommendations for public art projects, themes, placement, and program strategies to ensure an expanded public art program that reflects Milpitas for generations to come. The following broadly summarizes the Plan’s approach to its strategic recommendations, based on community feedback about:
• Community-centric, Inclusive, and Accessible: Public art should resonate with the diverse community, especially younger demographics. The collection should be more accessible, which can be addressed through bilingual interpretive materials, contextualizing QR codes, and a Public Art Field Guide. The process of creating public art should involve residents in decision-making, from concept to installation. Additionally, the City should explore opportunities for Community Art-making, led by local artists. As outlined in the Recommendations above, these projects should be funded separately from the Public Art Fund. • Regional context: Among larger, regional cities (such as San Francisco and San Jose), Milpitas’ public art and cultural resources are well-sized to meet needs of the community, which supports a continued desire to emphasize community pride through Milpitas’ public art on a local scale. • Strategic placement: Art should be strategically placed to maximize its impact, such as in high-traffic areas and community gathering spaces to strengthen the bond between the community and public art. • Collaboration: A collaborative approach between City Departments (including Planning, Recreation & Community Services, and Economic Development) and the Community (developers, artists, neighborhood groups, etc.) is crucial for successful public art initiatives. The Public Art Program should also seek collaboration with businesses, schools, private entities, and cultural organizations to expand the reach of public art.
• Balancing Tradition and Innovation: Milpitas should strike a meaningful balance between traditional forms of expression and innovative mediums to engage a wider audience and stay relevant in Silicon Valley. The City is poised to be an example of how public art can support creative wellness within a STEM-centric community.
• Sustainable funding mechanisms: While the existing Percent for Art ordinance provides substantial funding support for public art acquisition in Milpitas, stakeholders expressed a desire for clear forms of support for long-term collection care and maintenance. The City should consider increasing the one-half percent developer fee to one and one-half percent, or greater.
SUMMARY OF STRATEGIC
RECOMMENDATIONS
Ryan Petersen,
Together We Are More
CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4
SUMMARY OF STRATEGIC RECOMMENDATIONS
CHAPTER 5
73
CHAPTER SIX
ACT CONSERVATION COLLECTION ASSESSMENT
ROTH ART GROUP COLLECTION APPRAISAL REPORT
PERCENT FOR ART CASE STUDIES
PERCENT FOR ART ORDINANCE RECOMMENDED DRAFT UPDATES
PUBLIC ART POLICY RECOMMENDED DRAFT UPDATES
APPENDIX
Laurel True,
Starscape Bench
Fine Art Conservation
ACT Art Conservation
7489ٮ634ٮ415
San Mateo, Calif
studio۬actartconservationِcom
wwwِactartconservationِcom
AQQa TaOaULcR
DeVLgQLQg LRcaO
20 E BURad SW. VXLWe 1010,
CROXPbXV, OH 43215
DeaU AQQa,
TKaQN \RX VR PXcK fRU WKe RSSRUWXQLW\ WR ZRUN ZLWK DeVLgQLQg LRcaO RQ WKe CRQVeUYaWLRQ AVVeVVPeQW Rf 26 SXbOLc aUWZRUNV WKaW cRPSULVe WKe SXbOLc aUW cROOecWLRQ Rf WKe CLW\ Rf MLOSLWaV, CA.
EQcORVed LQ WKLV UeSRUW LV WKe fROORZLQg LQfRUPaWLRQ:
CRQdLWLRQ AVVeVVPeQW Rf eacK Rf WKe 26 aUWZRUNV
TUeaWPeQW PURSRVaO fRU eacK Rf WKe 26 aUWZRUNV
TKe TUeaWPeQW PURSRVaO LV fRU a WKRURXgK WUeaWPeQW WKaW ZRXOd bULQg WKe aUWZRUNV bacN WR VWabOe cRQdLWLRQ afWeU \eaUV Rf QRW UeceLYLQg aQ\ PaLQWeQaQce. AOWKRXgK WKe cROOecWLRQ LV dRLQg ZeOO fRU KaYLQg QRW beeQ PaLQWaLQed, WKeUe aUe VeYeUaO aUWZRUNV ZKLcK UeTXLUe PRUe LQYaVLYe WUeaWPeQW WR UeacK a VWabOe cRQdLWLRQ aQd PRVW SLeceV ZLOO UeTXLUe aW OeaVW a feZ PRUe KRXUV be\RQd VWaQdaUd PaLQWeQaQce fRU WKLV LQLWLaO WUeaWPeQW.
EVWLPaWe UaQge fRU WKe SURSRVed WUeaWPeQWV
TKe eVWLPaWeV aUe SUeVeQWed ZLWK a PLQLPXP aQd Pa[LPXP fRU bRWK WKe eVWLPaWed KRXUV aQd cRVW.
EVWLPaWed MaWeULaOV CRVW
TKe PaWeULaOV LQcOXde VSecLaOL]ed WUeaWPeQW VXSSOLeV aV ZeOO aV OLfW UeQWaOV ZKeQ QeceVVaU\.
EVWLPaWe fRU WKe SWaQdaUd MaLQWeQaQce fRU eacK Rf WKe 26 aUWZRUNV TKeVe eVWLPaWeV aUe aOVR SUeVeQWed ZLWK a PLQLPXP aQd Pa[LPXP fRU bRWK WKe eVWLPaWed KRXUV aQd SULce.
A SWaQdaUd MaLQWeQaQce eVWLPaWe dLffeUV fURP WKe TUeaWPeQW PURSRVaO LQ WKaW LW UeSUeVeQWV PaLQWeQaQce cRVWV afWeU WKe LQLWLaO, WKRURXgK WUeaWPeQW WKaW ZRXOd bULQg WKe aUWZRUN bacN WR VWabOe cRQdLWLRQ. TKeVe eVWLPaWeV SURYLde a PRUe accXUaWe UeSUeVeQWaWLRQ Rf WKe cRVW Rf aQQXaO PaLQWeQaQce fRU WKe cROOecWLRQ PRYLQg fRUZaUd. AV LV UecRPPeQded fRU PRVW RXWdRRU VcXOSWXUe aUWZRUNV, Ze UecRPPeQded WKaW WKe RbMecWV be PaLQWaLQed RQce a \eaU. TKe cRQdLWLRQ Rf WKe aUWZRUNV ZRXOd be UeaVVeVVed dXULQg eacK PaLQWeQaQce WUeaWPeQW, aQd UecRPPeQdaWLRQV WR eLWKeU OeQgWKeQ RU VKRUWeQ WKe WLPe beWZeeQ WUeaWPeQW ZRXOd be Pade accRUdLQgO\.
CRQWeQWV LQ RUdeU:
CROOecWLRQ MaQLfeVW LQcOXdLQg CRQdLWLRQ AVVeVVPeQWV, TUeaWPeQW PURSRVaOV, EVWLPaWed CRVW, EVWLPaWed MaWeULaOV CRVW, EVWLPaWed SWaQdaUd MaLQWeQaQce.
1. JRbV LLVW LQcOXdLQg JRb NXPbeU, AUWZRUN LRcaWLRQ, EVWLPaWed TUeaWPeQW HRXUV aQd CRVW, EVWLPaWed SWaQdaUd MaLQWeQaQce HRXUV aQd CRVW, EVWLPaWed MaWeULaOV CRVW.
2. NRYePbeU 12, 2024
Fine Art Conservation
ACT Art Conservation
7489ٮ634ٮ415
San Mateo, Calif
studio۬actartconservationِcom
wwwِactartconservationِcom
ImageV, inclXding oYerall imageV, deWail imageV depicWing condiWion concernV, and annoWaWed imageV are proYided in a DropBo[ folder for \oXr conYenience. FolloZ Whe link here.
All of Whe informaWion WhaW ZaV collecWed and recorded aboXW Whe arWZorkV dXring WhiV aVVeVVmenW iV VWored in a File Maker daWabaVe dedicaWed Wo Whe collecWion. ThiV daWabaVe iV onl\ acceVVible b\ ACT ArW ConVerYaWion VWaff, hoZeYer indiYidXal reporWV or collecWionV liVWV can be emailed Xpon reqXeVW.
The EVWimaWeV proYided for boWh Whe TreaWmenW PropoValV and for Whe SWandard MainWenanceV are inWended Wo aVViVW ZiWh bXdgeWing and are noW a final qXoWe for Whe Zork. DXe Wo changeV in coVWV for eqXipmenW renWalV, maWerialV and labor, neZ eVWimaWeV ZoXld be generaWed if ACT ArW ConVerYaWion iV conWracWed Wo compleWe Whe WreaWmenW of Whe collecWion. We anWicipaWe WhaW Where ZoXld be minimal change in Whe eVWimaWed coVWV, bXW dXe Wo Whe XnpredicWabiliW\ of fXWXre pricing for eqXipmenW and VXpplieV, pricing confirmaWion Zill be reqXired if and Zhen WreaWmenW iV VchedXled.
Sincerel\,
Eȅilɵ Reɿeɀ
SeȇiȒȸ ObjecɎɀ CȒȇɀeȸɮaɎȒȸ
ACT AȸɎ CȒȇɀeȸɮaɎiȒȇ LLC
ȒbjecɎɀ۬acɎaȸɎcȒȇɀeȸɮaɎiȒȇِcȒȅ
mily%u,ezes
ACT Art Conservation, LLC
Fine art conservation of paintings, objects and works on paper 1033 S. Claremont St, San Mateo, CA 94402
Phone: 415.634.7489
E-Mail: [email protected] Web: www.actartconservation.com Client Name Anna Talarico
Designing Local
20 E Broad St. suite 1010,
Columbus, OH 43215
Total Estimate Minimum: $176,350
Total Estimate Maximum: $254,000
Amount Due
Additional Expenses:
Estimated Materials: $18,200
Materials Include: equipment rentals and
specialized treatment materials
Object Condition / Treatment Proposal Conservation Estimate 2024-172-1
Overall soil and dust accumulation
Organic debris
Bird droppings
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Minimum: $1,000
Maximum: $1,500
Condition
Proposed Treatment :
Estimated Materials: $150
James Dinh
Circle of Time
2024
Granite, concrete, paint
Minimum Maintenance: $1,000
Maximum Maintenance: $1,500
Standard Annual
Maintenance Estimates:
Location: Jose Higuera Park
Act Art Conservation, LLC Page No. 1
Object Condition / Treatment Proposal Conservation Estimate 2024-172-2
Overall soil and dust accumulation
Organic debris
Cobwebs
Blue/green copper corrosion
Copper corrosion due to prolonged contact with water
Orange ferrous corrosion found in discrete point around the chin of the figure, likely from and internal steel armature
Bird droppings and associated copper corrosion
Mineral deposits
Wax wear and loss
Bronze appears “dry” due to wax loss
Minor patina loss in green clothing with brown patina exposed underneath
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Patina integration using appropriate methods and materials Hot wax application
Cold wax application
Minimum: $5,400
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $300
Carla Moss
Flute Player
NA
Minimum Maintenance: $3,400
Maximum Maintenance: $5,100
Standard Annual
Maintenance Estimates:
Location: Civic Center Plaza
Act Art Conservation, LLC Page No. 2
Object Condition / Treatment Proposal Conservation Estimate 2024-172-3
Overall soil and dust accumulation
Organic debris
Cobwebs
Blue/green copper corrosion
Copper corrosion due to liquid deposit on bench seat
Coating deterioration
Blistered and delaminated coating, appearing as white bubbles concentrated in the bronze that is textured to appear like tree bark on both the tree and the bench
Bronze appears “dry”
Areas of paint loss, concentrated in the gold painted frames that surround the cameos.
Bird droppings and associated corrosion
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Solubility testing was completed on the coating, resulting in minimal solubility in Acetone, Ethanol, and Mineral Spirits. This suggests that the coating has cross-linked, reducing its solubility. Further testing would be completed to determine the best removal method on the day of treatment Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Patina integration using appropriate methods and materials Cold wax application
*Consultation of historic images and communication with artist to determine if the areas of paint loss should be inpainted.
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:
Estimated Materials: $500
MaryAnn Baker
Cameo Bench
2009
Bronze, exterior grade acrylic
Minimum Maintenance: $3,400
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Barbara Lee Senior Center
Act Art Conservation, LLC Page No. 3
Object Condition / Treatment Proposal Conservation Estimate 2024-172-4
Overall soil and dust accumulation
Organic debris
Cobwebs
Copper corrosion due to prolonged contact with water around the feet of the bench
Copper corrosion due to liquid deposit and run-off
Bird droppings and associated corrosion
Areas of coating loss
Bronze appears “dry”
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Cold wax application
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $500
MaryAnn Baker
Happy Hats Bench
2009
Bronze, exterior grade acrylic paint
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Senior Center Patio
2024-172-5
Overall soil and dust accumulation
Organic debris
Cobwebs
Copper corrosion and minor mineral deposits on the back of the bench due to water runoff
Copper corrosion due to liquid deposit on the seat of the bench Significant blue/green copper corrosion due to prolonged contact with water around the feet. The bench is bolted to the concrete, increasing water retention at the interface between the bronze and the concrete Bird droppings and associated corrosion
Minor cracking the the paint film found in the tight curves in the flowers and leaves
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Cold wax application
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $500
MaryAnn Baker
Tulips Bench
2009
Bronze, exterior grade acrylic paint
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Senior Center Patio
Act Art Conservation, LLC Page No. 4
Object Condition / Treatment Proposal Conservation Estimate 2024-172-6
Overall soil and dust accumulation
Organic debris
Cobwebs
Several feet are partially embedded in the the grass and soil Bright blue/green copper corrosion on the feet due to prolonged contact with water, soil and grass
Salt efflorescence on the legs of the bench due to water and salt migration up from the soil
Combination of copper corrosion and salts could lead to the development of bronze disease if left untreated
Copper corrosion due to prolonged contact with water on the seat of the bench
Bird droppings
Cracking in paint, concentrated in tight curves
Fading of paint film
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Treatment of bronze disease using appropriate methods and materials Consolidation and stabilization of paint
Cold wax application
*Recommend that the bench be moved or that a new concrete pad be poured in the current location to eliminate contact between the bench and the soil
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:
Estimated Materials: $500
MaryAnn Baker
Let's Dance Bench
2009
Bronze, exterior grade acrylic paint
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Cesar Chavez Plaza, Barbara
Lee Senior Center
Act Art Conservation, LLC Page No. 5
Object Condition / Treatment Proposal Conservation Estimate 2024-172-7
Overall soil and dust accumulation
Organic debris
Coating deterioration
Blistered and delaminated coating
Areas of coating loss
Areas where the coating was never applied ("Holidays") where brushstrokes in the coating are visible next to bare and dry looking bronze
Areas of preferential copper corrosion due to the difference in exposure to the elements between coated and uncoated areas
Bird droppings
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of deteriorated coating using appropriate chemical and/or mechanical methods
Solubility testing was completed on the coating resulting in minimal solubility in acetone, ethanol and mineral spirits. This suggests that the coating has cross-linked, reducing its solubility. Further testing would be completed to determine the best removal method on the day of treatment Cold wax application or application of acrylic coating depending on the results of the coating removal
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:
Estimated Materials: $300
MaryAnn Baker
Veterans Memorial Bench
NA
Bronze, exterior grade acrylic
coating
Minimum Maintenance: $1,700
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Civic Center Plaza
Act Art Conservation, LLC Page No. 6
Object Condition / Treatment Proposal Conservation Estimate 2024-172-8
Overall soil and dust accumulation concentrated on horizontal surfaces Minor scuffs and scratches in the clear coat
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth Polish with appropriate methods to reduce scuffs and scratches Minimum: $2,000
Maximum: $4,000
Condition
Proposed Treatment :
Estimated Materials: $200
Adrian Susnea-Litman
Four Seasons
2010
Sheet metal, metal wire, paint, clear
coat
Minimum Maintenance: $1,000
Maximum Maintenance: $2,000
Standard Annual
Maintenance Estimates:
Location: Hallway wall, Barbara Lee
Senior Center
Act Art Conservation, LLC Page No. 7
Object Condition / Treatment Proposal Conservation Estimate 2024-172-9
Overall soil and dust accumulation
Thin layer of grime overall
Minor losses in some of the tiles
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Overall surface cleaning with appropriate methods and materials Fill and inpaint small losses
Minimum: $2,000
Maximum: $4,000
Condition
Proposed Treatment :
Estimated Materials: $200
Adrian Susnea-Litman
Garden Fantasy
2010
Tile, mortar, grout, paint
Minimum Maintenance: $2,000
Maximum Maintenance: $4,000
Standard Annual
Maintenance Estimates:
Location: Lobby, Barbara Lee Senior
Center
Act Art Conservation, LLC Page No. 8
Object Condition / Treatment Proposal Conservation Estimate 2024-172-10
Overall soil and dust accumulation
Scratches / abrasions in the acrylic glazing
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth ---
Photodocument
Have the piece reframed if the scuffs are a concern
Minimum: $750
Maximum: $1,000
Condition
Proposed Treatment
:
Estimated Materials: $100
Joanie Popeo
Our View
2021
Acrylic?
Minimum Maintenance: $250
Maximum Maintenance: $250
Standard Annual
Maintenance Estimates:
Location: Barbara Lee Senior Center
Act Art Conservation, LLC Page No. 9
Object Condition / Treatment Proposal Conservation Estimate 2024-172-11
Overall soil and dust accumulation
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth Aqueous clean with appropriate methods and materials
Treatment requires a lift rental
Minimum: $6,000
Maximum: $9,000
Condition
Proposed Treatment :
Estimated Materials: $1,500
Adrian Susnea-Litman
Thriving Legacy
2011
Acrylic mural
Minimum Maintenance: $4,000
Maximum Maintenance: $8,000
Standard Annual
Maintenance Estimates:
Location: Barbara Lee Senior Center
Act Art Conservation, LLC Page No. 10
Object Condition / Treatment Proposal Conservation Estimate 2024-172-12
Overall soil and dust accumulation
Organic debris, heavy pine needle and leaf deposit on bronze base from nearby tree
Cobwebs
Bird droppings and associated corrosion
Wax deterioration
Wax wear and loss
Blue/green copper corrosion
Rising damp with associated minerals, salts and blue/green copper corrosion found along the bottom 1/3 of the bronze base Possible salt efflorescence/mineral deposits from rising damp/water retention at the interface between the bronze and concrete base Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of mineral deposits/salts using appropriate methods and materials
Hot wax application
Cold wax application
Treatment requires a lift rental
Minimum: $10,200
Maximum: $13,600
Condition
Proposed Treatment
:
Estimated Materials: $2,000
David Alan Clark
David Alan Clark
2014
Bronze
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Milpitas City Hall
Act Art Conservation, LLC Page No. 11
Object Condition / Treatment Proposal Conservation Estimate 2024-172-13
Overall soil and dust accumulation
Organic debris - concentrated in pockets between the sheet metal and on the roof of the bus stop
Cobwebs
Bird droppings
Coating deterioration - coating is cloudy and soft, no longer bound to the paint even in areas with no blistering
Blistered and delaminated coating - the coating is easily removed with minimal mechanical action
Areas of coating loss
Color shifting in paint - likely due in large part to deterioration of the clear coat
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of deteriorated coating using appropriate mechanical methods - testing shows that mechanical reduction readily removes the coating and does not damage the underlying paint layer
Minimum: $3,200
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $200
Adrian Susnea-Litman
Birds of Paradise
2011
Sheet metal, acrylic paint, clear coat
Minimum Maintenance: $3,200
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Main & Great Mall Parkway
Bust Stop Roof
Act Art Conservation, LLC Page No. 12
Object Condition / Treatment Proposal Conservation Estimate 2024-172-14
Overall soil and dust accumulation
Organic debris
Biogrowth
Graffiti
Many tiles are cracked and chipped, several appear crushes with small fragments in the crushed area
7 clusters of missing round tiles including: red, orange, teal, purple Several areas of missing glass/mirrored tiles
Large round tiles are 1.5" in diameter
Small round tiles are 0.75" in diameter
Rectangular glass tiles are 2.5-3" long
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Remove graffiti
Reduction of biogrowth using appropriate methods and materials Source tiles
Replace missing tiles using appropriate methods and materials Stabilize any cracks in the grout using appropriate methods and materials
Minimum: $8,500
Maximum: $11,900
Condition
Proposed Treatment
:
Estimated Materials: $500
Laurel True
Starscape Bench
2005 (2007?)
glass tile, ceramic tile, grout,
mortar, concrete, steel frame and
foam, fiberglass mesh
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Starlite Park
Act Art Conservation, LLC Page No. 13
Object Condition / Treatment Proposal Conservation Estimate 2024-172-15
Overall soil and dust accumulation
Organic debris and cobwebs, concentrated in recess
Multiple linear cracks in the concrete panels - the different elements feel stable
There is a crack in the wrist of the large mountain lion. The paw feels stable but if the crack grows, the paw could become detached Chips and small losses in both the tile and concrete elements. An ear is missing from a small mountain lion, revealing the original gray color of the concrete substrate. There is a chip missing from near the hind legs of a deer.
Biogrowth
Bird droppings
Streaking due to water runoff, bird droppings and soil accumulation Mineral deposits and efflorescence due to water retention and evaporation points in concrete
The silicone caulk is pulling away from the concrete is several areas and should be monitored
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of biogrowth using appropriate methods and materials Consolidate and stabilize cracks with injection grout
Fill and inpaint any large cracks, chips and losses in the concrete and tiles with appropriate methods and materials
Refabricate the missing ear from the mountain lion
Inpaint areas of worn and missing mineral paint/colored finish using appropriate methods and materials
Minimum: $8,500
Maximum: $10,200
Condition
Proposed Treatment
:
Estimated Materials: $300
Scott Donahue
Watching You
2015
concrete, mineral paints/colored
surface treatment, ceramic ties,
fiberglass mesh, steel, plastic,
silicone caulk
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Rathbone Park
Act Art Conservation, LLC Page No. 14
Object Condition / Treatment Proposal Conservation Estimate 2024-172-16
Overall soil and dust accumulation
Organic debris
Large and heavily soiled cobwebs cover most of the hanging elements The mild steel components are corroded
The coiled round bar and balls are covered in a dark orange brown layer of ferrous corrosion
There are bird droppings with associated bright orange and yellow ferrous corrosion
The mild steel wires are corroded all the way through and as a result they are very brittle. Approximately 12 connection points between the wire and coiled bar have broken. The corrosion could be exacerbated by the galvanic reaction between the mild steel and stainless steel wires.
The hanging elements are suspended on stainless steel wires which are in good condition
The plastic recycled elements are yellowed, cloudy and brittle with small losses
Some of the glass components are chipped
Approximately 10 of the hanging elements are tangled. Some are horizontal, stuck on several other hanging elements
Approximately 2 hanging elements have fallen off of the sculpture. One is hung on the trunk of the tree
The level of instability in the upper mild steel wires requires attention soon. The brittle wires combined with the flexibility of the sculpture could easily lead to significant losses of the hanging elements in the near future. There is a concern for public safety if the heavier elements fall Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods on the orange ferrous corrosion associated with bird droppings Restringing in parallel to mild steel wire with a plastic coated wire, following the same zig-zag pattern and threading through the loops of the hanging elements. The plastic coating on the new wire would match the brown color of the mild steel and both would be left in-situ. The intent of the new wire would be to catch the hanging elements as the mild steel wire fails. There is no way to stabilize and reinforce the original mild steel wire that would prevent this eventual structural failure.
Minimum: $24,800
Maximum: $30,600
Condition
Proposed Treatment
:
Estimated Materials: $2,500
Bill Gould
Green Tree
2010
Mild steel, mild steel wire, stainless
steel wire, wire crimps, recycled
materials
Minimum Maintenance: $10,200
Maximum Maintenance: $13,600
Standard Annual
Maintenance Estimates:
Location: Pinewood Park
Act Art Conservation, LLC Page No. 15
Object Condition / Treatment Proposal Conservation Estimate Treatment requires a lift rental.
2024-172-17
Overall soil and dust accumulation
Organic debris
Cobwebs
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Treatment requires a lift rental
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment :
Estimated Materials: $1,500
Niles Palmer
Baseball Figures
2000?
Painted Metal
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Milpitas Sports Center,
Baseball Field backdrop
Act Art Conservation, LLC Page No. 16
Object Condition / Treatment Proposal Conservation Estimate 2024-172-18
Overall soil and dust accumulation
Organic debris
Cobwebs
Copper corrosion due to prolonged contact with water, especially seen around the hands of the figures which are in contact with the concrete bases
Bird droppings and associated corrosion
Mineral deposits from nearby sprinklers
On 10/28/24 ACT Art was informed by the city that figure with the pink shirt and socks was vandalized and knocked over, breaking the pin that attached the proper left hand to the concrete base. When the sculpture was assessed, it was determined that the figure with the pink shirt and the figure in the tan shirt shift slightly on their pins when pressure is applied. There was no indication however that the pins were broken or that there was imminent danger of structural failure.
We recommend that the pins/mounting mechanisms be reinforced Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Reduction of mineral deposits using appropriate chemical and/or mechanical methods
Hot wax application
Cold wax application
Minimum: $6,800
Maximum: $10,200
Condition
Proposed Treatment
:
Estimated Materials: $200
Carla Moss
Cartwheels
2004
Bronze
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Milpitas Library
Act Art Conservation, LLC Page No. 17
Object Condition / Treatment Proposal Conservation Estimate 2024-172-19
Overall soil, grime and dust accumulation
Fingerprints - likely from initial installation that have accumulated more dust than surrounding surfaces
Cobwebs
One element appears to be missing with only the strand of mono filament remaining
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Overall surface cleaning with appropriate methods and materials Treatment requires a lift rental
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $1,500
Cork Marcheschi
Fertile Ground
2008
Plastic, dichroic glass, mono
filament
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Milpitas Library
Act Art Conservation, LLC Page No. 18
Object Condition / Treatment Proposal Conservation Estimate 2024-172-20
Overall soil and dust accumulation
Organic debris
Cobwebs
Biogrowth concentrated in the grout
Ferrous corrosion on the painted steel peak, sphere and ribbon with open worked letters
Pitting
Blistered and delaminated paint
Cracking in paint
Areas of paint loss
Approximately 30 cracks in the ceramic tiles
Approximately 4 missing tiles - 4" curved edge and corner black tiles Approximately 2 chipped tiles that expose the ceramic substrate Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Removal of deteriorated paint using appropriate chemical and/or mechanical methods
Corrosion reduction using appropriate chemical and/or mechanical methods
Corrosion conversion to reduce the development of ferrous corrosion Application of black and white direct to metal paint systems to the treated steel
Reduction of biogrowth using appropriate methods and materials Stabilization of cracks in grout and tile using injection grout Source tiles
Remove chipped tiles
Replace all missing tiles
Minimum: $8,500
Maximum: $11,900
Condition
Proposed Treatment
:
Estimated Materials: $400
Shannon Moore-Jervis, Marcia
Smith
Hand in Hand Around the Park
2004
Ceramic tile, mortar, grout, steel
sheet metal, paint
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Hillcrest Park
Act Art Conservation, LLC Page No. 19
Object Condition / Treatment Proposal Conservation Estimate 2024-172-21
The kinetic sculpture does still move. There is some wear on the aluminum rod that suspends the soccer ball due to repeated sliding against the inverted arch
Overall soil and dust accumulation
Organic debris
Cobwebs
The clear coat found on the socks, shoes, shorts, circles in the bicycle wheel and on the unpainted aluminum is deteriorated:
Blistered and delaminated coating
Areas of coating loss
The gold paint is deteriorated:
Blistered and delaminated paint
Cracking in paint
Areas of paint loss
It does not appear that the underlying red paint was prepped, causing the gold paint to crack, blister and peel
The red paint on the shorts and shoes is faded, likely due to UV exposure through the clear coat. The areas of red paint that were protected by the overlaid gold paint are much more vibrant and saturated The gold paint and clear coat on the circles in the bicycle wheel is deteriorated:
The gold paint and the clear coat appear to be incompatible. The clear coat fused to the paint layer but shrunk and discolored over time. The clear coat is insoluble and the exposed gold paint is readily soluble in most solvents
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of deteriorated clear coat using appropriate chemical and/or mechanical methods
Removal of peeling gold paint from the legs and reapplication of gold paint after proper surface prep of the underlying red paint Removal of gold paint and cross-linked clear coat on the circles.
Reapplication of gold paint after proper surface prep of the underlying sheet metal
Cold wax application where necessary
Minimum: $10,200
Maximum: $13,600
Condition
Proposed Treatment
:
Estimated Materials: $2,500
Joe Bologna, Patricia Vader
Joe Bologna, Patricia Vader
2015
Aluminum, steel, paint, clear coat
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Cardoza Park
Act Art Conservation, LLC Page No. 20
Object Condition / Treatment Proposal Conservation Estimate Treatment requires a lift rental
2024-172-22
Overall soil and dust accumulation
Ferrous corrosion on all elements
Pitting concentrated near seams and the ground on the tower elements.
This is likely due to water ingress and retention where steel panels come together and where the steel meets the concrete bases
Blistered and delaminated paint associated with the voluminous ferrous corrosion
Paw prints suggest wildlife interaction that could be exacerbating corrosion and paint loss
The landscaping around the sculptures was soaked during the assessment, suggesting a high moisture level in the steel being maintained by nearby sprinklers
Bird droppings
Photodocument before, during and after treatment
Deinstall top elements to provide access to the inside of the steel towers and allow the tops to be treated in the studio
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Corrosion conversion to reduce the development of ferrous corrosion Backing, filling, resurfacing, and inpainting areas of loss in the steel Filling and inpainting areas of paint loss on the top elements The sprinklers should be relocated away from the artworks. Consider removing all landscaping/plants that require regular watering from the area
The other option is to clean and repair the artworks as much as possible in situ. Without access to the inside of the towers, some of the patches in the steel sheet will not be as robust, however this could option could be a good intermediate choice. A lift would have to be rented in this scenario, increasing the estimated materials cost by $1500-$2500.
Minimum: $18,700
Maximum: $25,500
Condition
Proposed Treatment
:
Estimated Materials: $1,000
Vickie Jo Sowell
Legends of Milpitas
2003
Painted steel
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Murphy Park
Act Art Conservation, LLC Page No. 21
Object Condition / Treatment Proposal Conservation Estimate 2024-172-23
Overall soil and dust accumulation
Organic debris
Graffiti
Ferrous corrosion spots on some of the steel elements
Tea staining (overall thin layer of ferrous corrosion) found on some of the steel elements
Ferrous corrosion staining on the adjacent cement in some areas Minor cracks, chips and losses in the cement
Minor abrasions in the dial
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Stain removal from the cement using appropriate methods and materials Graffiti removal
Minimum: $3,400
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $200
Dan Snyder
The Sundial
2002
Cement, stainless steel
Minimum Maintenance: $2,000
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Sunnyhills Albert Augustine Jr.
Memorial Park
Act Art Conservation, LLC Page No. 22
Object Condition / Treatment Proposal Conservation Estimate 2024-172-24
Overall soil and dust accumulation
Organic debris
Cobwebs
Areas of paint loss on the painted metal frame
Cracking in paint
Cracks, chips and losses on 3 plexiglass panels
Most of the panels are warped to varied degrees of severity Significant fading and color shifting on the printed panels Biogrowth on the shingles
Approximately 20 black pebbles are missing. Pebbles range in size from 1 - 2"
Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Reduction of biogrowth using appropriate methods and materials Touch-in any missing black paint
Replace the three damaged plexiglass panels
Have the discolored printed panels reprinted and installed Source black pebbles
Replace the missing black pebbles
Minimum: $5,000
Maximum: $6,000
Condition
Proposed Treatment
:
Estimated Materials: $200
Carla Moss
Little Alviso Water Tower
2012
Acrylic panels (likely Plexiglass),
printed images, paint, painted steel,
roof shingles, pebbles, grout,
fiberglass mesh, concrete
Minimum Maintenance: $2,000
Maximum Maintenance: $3,400
Standard Annual
Maintenance Estimates:
Location: Alviso Adobe Park
Act Art Conservation, LLC Page No. 23
Object Condition / Treatment Proposal Conservation Estimate 2024-172-25
Overall soil and dust accumulation
Organic debris
Cobwebs
Liquid deposits and staining, likely from surrounding trees Blue/green copper corrosion
Significant fading and wear on the paint overall. Brown top coat appears to be missing from much of the wagon, revealing the underlying green layer
Evidence of pest activity including hollow boards, tunneling, holes and large losses in some boards
Three of the wheels are partially sunk into the mulch
There are holes in the ground surrounding the concrete pad, likely from rodent activity
The concrete pad is partially sunken into the mulch in some areas One steel railing on the proper right side of the platform is loose Photodocument before, during and after treatment
Overall surface cleaning with appropriate methods and materials Corrosion reduction using appropriate chemical and/or mechanical methods
Cold wax application to metal components
Fill loss in wood platform with appropriate materials
Inpaint fills
Realign and secure the unstable railing
Lift the wagon and place stone or concrete pavers under each of the wheels and at the end of the tow bar
After thorough cleaning, assess full extent of paint loss and consider future plans to repaint or inpaint and clear coat or inpaint and wax Minimum: $5,400
Maximum: $6,800
Condition
Proposed Treatment
:
Estimated Materials: $300
Adrian Susnea-Litman
Old Farm Wagon
2012
wood, steel, copper sheeting, paint
Minimum Maintenance: $3,400
Maximum Maintenance: $6,800
Standard Annual
Maintenance Estimates:
Location: Alviso Adobe Park
Act Art Conservation, LLC Page No. 24
Object Condition / Treatment Proposal Conservation Estimate 2024-172-26
Overall soil and dust accumulation
Abrasions and losses to the paint, likely due to movement from site to site and from people walking by.
Fly spots/insect droppings
Photodocument before, during and after treatment
Surface vacuum with HEPA vacuum; recto, verso
Surface clean with dry eraser method / soot sponge / soft cloth Surface clean with AC3%
Inpaint areas of paint loss
*We recommend putting Plexiglas in front of each of the painting to prevent future scratches and abrasions
Minimum: $12,000
Maximum: $16,000
Condition
Proposed Treatment
:
Estimated Materials: $150
Debbie Koppman
Welcome to Milpitas
2021
Acrylic on panel, aluminum
stands/frames
Minimum Maintenance: $8,000
Maximum Maintenance: $12,000
Standard Annual
Maintenance Estimates:
Location: Portable
Total Estimate Minimum $176,350
Total Estimate Maximum $254,000
AUTHORIZATION
The undersigned authorizes Alexandra Thrapp and her studio (hereinafter collectively referred to as "The Studio") to proceed with proposed minimum treatment of the object identified above (hereinafter referred to as 'the object" as described in this report, subject to the conditions listed in the terms and conditions.
AUTHORIZED BY:
DATE:
Please sign and date above and initial and date below
Additional Expenses:
Estimated Materials: $18,200
Estimate Annual Maintenance
Minimum $81,250
Maximum $145,050
Estimated Materials: $18,200
Act Art Conservation, LLC Page No. 25
Job Number ReportDate Client Name
Treatment
Work
Job Status ObjectArtist Title Hours
Treatment
Minimum
Maximum
Materials
Location
Maintenance
Minimum
Maximum
Maintenance
Work
Hours
2024-172-1 1 10/29/2024 Anna Talarico James Dinh Circle of Time $1,000 $1,500
4 - 6 $150 Jose Higuera Park $1,000
$1,500
4 - 6
2024-172-2 1 10/29/2024 Anna Talarico Carla Moss Flute Player $5,400 $6,800
Civic Center Plaza 24 - 32 $3,400 $300
$5,100
16 - 24
2024-172-3 1 10/29/2024 Anna Talarico MaryAnn Baker Cameo Bench $6,800 $10,200
Barbara Lee Senior Center 32 - 48 $3,400 $500
$3,400
16 - 16
2024-172-4 1 10/29/2024 Anna Talarico MaryAnn Baker Happy Hats Bench $3,400 $6,800
Senior Center Patio 16 - 32 $1,700 $500
$3,400
8 - 16
2024-172-5 1 10/29/2024 Anna Talarico MaryAnn Baker Tulips Bench $3,400 $6,800
Senior Center Patio 16 - 32 $1,700 $500
$3,400
8 - 16
2024-172-6 1 10/30/2024 Anna Talarico MaryAnn Baker Let's Dance Bench $6,800 $10,200
Cesar Chavez Plaza, Barbara Lee 32 - 48 $500
Senior Center
$1,700
$3,400
8 - 16
2024-172-7 1 10/30/2024 Anna Talarico MaryAnn Baker Veterans Memorial Bench $6,800 $10,200
Civic Center Plaza 32 - 48 $1,700 $300
$3,400
8 - 16
2024-172-8 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Four Seasons $2,000 $4,000
Hallway wall, Barbara Lee Senior 8 - 16 $200
Center
$1,000
$2,000
4 - 8
2024-172-9 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Garden Fantasy $2,000 $4,000
8 - 16 $200 Lobby, Barbara Lee Senior Center $2,000
$4,000
8 - 16
2024-172-10 1 10/30/2024 Anna Talarico Joanie Popeo Our View $750 $1,000
Barbara Lee Senior Center 3 - 4 $250 $100
$250
1 - 1
2024-172-11 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Thriving Legacy $6,000 $9,000
Barbara Lee Senior Center 24 - 36 $4,000 $1,500
$8,000
16 - 32
2024-172-12 1 10/30/2024 Anna Talarico David Alan Clark Minute Man $10,200 $13,600
Milpitas City Hall 48 - 64 $3,400 $2,000
$6,800
16 - 32
2024-172-13 1 10/30/2024 Anna Talarico Adrian Susnea-Litman Birds of Paradise $3,200 $6,800
Main & Great Mall Parkway Bust Stop 16 - 32 $200
Roof
$3,200
$6,800
16 - 32
2024-172-14 1 10/30/2024 Anna Talarico Laurel True Starscape Bench $8,500 $11,900
Starlite Park 40 - 56 $3,400 $500
$6,800
16 - 32
2024-172-15 1 10/30/2024 Anna Talarico Scott Donahue Watching You $8,500 $10,200
Rathbone Park 40 - 48 $3,400 $300
$6,800
16 - 32
2024-172-16 1 10/30/2024 Anna Talarico Bill Gould Green Tree $24,800 $30,600
Pinewood Park ? - 144 $10,200 $2,500
$13,600
48 - 64
2024-172-17 1 10/30/2024 Anna Talarico Niles Palmer Baseball Figures $3,400 $6,800
Milpitas Sports Center, Baseball Field 16 - 32 $1,500
backdrop
$3,400
$6,800
16 - 32
2024-172-18 1 10/30/2024 Anna Talarico Carla Moss Cartwheels $6,800 $10,200
Milpitas Library 32 - 48 $3,400 $200
$6,800
16 - 32
Job Number ReportDate Client Name
Treatment
Work
Job Status ObjectArtist Title Hours
Treatment
Minimum
Maximum
Materials
Location
Maintenance
Minimum
Maximum
Maintenance
Work
Hours
2024-172-19 1 10/31/2024 Anna Talarico Cork Marcheschi Fertile Ground $3,400 $6,800
Milpitas Library 16 - 32 $3,400 $1,500
$6,800
16 - 32
2024-172-20 10/31/2024 Anna Talarico Shannon Moore-Jervis, Marcia Smith 1 Hand in Hand Around the Park $8,500
$11,900
Hillcrest Park 40 - 56 $3,400 $400
$6,800
16 - 32
2024-172-21 1 10/31/2024 Anna Talarico Joe Bologna, Patricia Vader Kicker Kid $10,200 $13,600
Cardoza Park 48 - 64 $3,400 $2,500
$6,800
16 - 32
2024-172-22 1 10/31/2024 Anna Talarico Vickie Jo Sowell Legends of Milpitas $18,700 $25,500
Murphy Park 88 - 120 $3,400 $3,000
$6,800
16 - 32
2024-172-23 1 10/31/2024 Anna Talarico Dan Snyder The Sundial $3,400 $6,800
Sunnyhills Albert Augustine Jr. 16 - 32 $200
Memorial Park
$2,000
$3,400
8 - 16
2024-172-24 1 10/31/2024 Anna Talarico Carla Moss Little Alviso Water Tower $5,000 $6,000
Alviso Adobe Park 20 - 24 $2,000 $200
$3,400
8 - 16
2024-172-25 1 10/31/2024 Anna Talarico Adrian Susnea-Litman Old Farm Wagon $5,400 $6,800
Alviso Adobe Park 24 - 32 $3,400 $150
$6,800
16 - 32
2024-172-26 1 10/31/2024 Anna Talarico Debbie Koppman Welcome to Milpitas $12,000 $16,000
Portable 48 - 64 $8,000 $150
$12,000
32 - 48
Fine Art Conservation
ACT Art Conservation
415-634-7489
San Mateo, Calif
[email protected]
www.actartconservation.com
Anna Talarico
Designing Local
20 E Broad St. suite 1010,
Columbus, OH 43215
Dear Anna,
The following table ranks the 26 artworks in the Public Art Collection of the City of Milpitas.
Each artwork is given a number from 1 through 26, with 1 being the highest priority and 26 being the least.
Each artwork is also placed in one of four categories: Public Safety Concern, Active Structural Condition Issue, Active Condition Issue, Requires Maintenance. Below are the definitions of each of these categories.
Public Safety Concern:
These artworks pose a potential threat to public safety due to their condition issues. These threats include the potential for falling elements as well as sharp and broken components in areas where the public is intended to interact with a piece.
Active Structural Condition Issue:
These artworks have actively developing condition issues that are already compromising the structural integrity of the artwork.
Active Condition Issue:
These artworks have active condition issues that will continue to develop without intervention.
Requires Maintenance:
These artworks are in stable condition but are soiled or have minor damages that should be treated in order to reduce the risk of more severe condition issues due to weather and/or interaction with the public.
Sincerely,
December 12, 2024
Emily Rezes
Senior Objects Conservator
ACT Art Conservation LLC
[email protected]
EmilyK.Rezes
Primary Image Condition
Priority #
Priority Level Priority Rationale JobNum ObjectArtist Title Materials Cost Estimate
Estimate
Min Hrs
Estimate
Max Hrs
Min
Estimate
Max
Estimate
Projected
Maintenance
Min Hrs
Projected
Maintenance
Max Hrs
Min
Maintenance
Max
Maintenance
Location
1 Public safety concern for falling glass elements; Signs of active deterioration with broken, fallen and missing elements; High traffic area in a park ie. people picnicing nearyby during assessment
2024-172-16 Bill Gould Green Tree $2,500.00 112 144 $24,800.00 $30,600.00 48 64 $10,200.00 $13,600.00 Pinewood Park 2 Public safety concern for stability of heavy bronze sculptures on their mounts; Recent vandalism shows how they can be
damaged by human force; High traffic area in front of the library; Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability 2024-172-18 Carla Moss Cartwheels $200.00 32 48 $6,800.00 $10,200.00 16 32 $3,400.00 $6,800.00 Milpitas Library 3 Public safety concern of sharp broken tiles and exposed concrete and substructure on the seat of the bench; Tile loss; Potential for water ingress where there are cracks; Heavy ferrous corrosion on painted steel elements
2024-172-20 Shannon
Moore-Jervis, Marcia
Smith
Hand in Hand
Around the Park
$400.00 40 56 $8,500.00 $11,900.00 16 32 $3,400.00 $6,800.00 Hillcrest Park 4 Public safety concern of falling acrylic elements - two elements appear to have already fallen based off of dangling
monofilament with no pieces on the ends; Complete stability assessment and reinforcement where possible would be
competed during cleaning
2024-172-19 Cork Marcheschi Fertile Ground $1,500.00 16 32 $3,400.00 $6,800.00 16 32 $3,400.00 $6,800.00 Milpitas Library 5 Public safety concern of sharp broken glass tiles and exposed concrete and substructure on the seat of the bench; Tile loss; Potential for water ingress where there are cracks
2024-172-14 Laurel True Starscape Bench $500.00 40 56 $8,500.00 $11,900.00 16 32 $3,400.00 $6,800.00 Starlite Park 6 Structural condition concern of the corroded and delaminated painted steel towers; Could become structurally unsound and unfit to support the weight of the narrative finials; Heavy corrosion and paint loss on the finials reduces legibility 2024-172-22 Vickie Jo Sowell Legends of
Milpitas
$3,000.00 88 120 $18,700.00 $25,500.00 16 32 $3,400.00 $6,800.00 Murphy Park 7 Structural condtion concern of hairline cracks on concrete and some losses to sculptural elements; Cracks have the potential to grow and cause losses if left on untreated, especially over freeze/thaw cycles
2024-172-15 Scott Donahue Watching You $300.00 40 48 $8,500.00 $10,200.00 16 32 $3,400.00 $6,800.00 Rathbone Park 8 Structural condition concern in the wood due to water exposure and pests; Soft ground support is causing condition issues on the wheels; condition issues will be exacerbated if not treated 2024-172-25 Adrian Susnea-Litman Old Farm Wagon $150.00 24 32 $5,400.00 $6,800.00 16 32 $3,400.00 $6,800.00 Alviso Adobe Park 9 Copper and ferrous corrosion will be exacerbated by water from the fountain if the bronze is not treated; Untreated corrosion can lead to structural instability
2024-172-2 Carla Moss Flute Player $300.00 24 32 $5,400.00 $6,800.00 16 24 $3,400.00 $5,100.00 Civic Center Plaza 10 Heavy copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural
instability
2024-172-6 MaryAnn Baker Let's Dance
Bench
$500.00 32 48 $6,800.00 $10,200.00 8 16 $1,700.00 $3,400.00 Cesar Chavez Plaza, Barbara Lee Senior Center 11 Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability; Gaps in the acrylic coating lead to preferential corrosion of the bronze; Could cause further corrosion and patina shifts if left untreated; Gold acrylic paint on frames is very unstable and is at risk of further loss
2024-172-3 MaryAnn Baker Cameo Bench $500.00 32 48 $6,800.00 $10,200.00 16 16 $3,400.00 $3,400.00 Barbara Lee Senior Center 12 Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability 2024-172-4 MaryAnn Baker Happy Hats
Bench
$500.00 16 32 $3,400.00 $6,800.00 8 16 $1,700.00 $3,400.00 Senior Center Patio 13 Copper corrosion due to prolonged exposure to water on the ground; Untreated corrosion can lead to structural instability 2024-172-5 MaryAnn Baker Tulips Bench $500.00 16 32 $3,400.00 $6,800.00 8 16 $1,700.00 $3,400.00 Senior Center Patio 14 Copper corrosion due to prolonged exposure to water on horizontal surfaces, bird droppings and acidic organic matter; Untreated corrosion can lead to structural instability
2024-172-12 David Alan Clark Minute Man $2,000.00 48 64 $10,200.00 $13,600.00 16 32 $3,400.00 $6,800.00 Milpitas City Hall 15 Gaps in the acyrlic coating lead to preferential corrosion of the bronze; Could cause further corrosion and patina shifts if left untreated
2024-172-7 MaryAnn Baker Veterans
Memorial Bench
$300.00 32 48 $6,800.00 $10,200.00 8 16 $1,700.00 $3,400.00 Civic Center Plaza Public Safety
Concern
Public Safety
Concern
Public Safety
Concern
Public Safety
Concern
Public Safety
Concern
Active
Structural
Condtion Issue
Active
Structural
Condtion Issue
Active
Structural
Condtion Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Primary Image Condition
Priority #
Priority Level Priority Rationale JobNum ObjectArtist Title Materials Cost Estimate
Estimate
Min Hrs
Estimate
Max Hrs
Min
Estimate
Max
Estimate
Projected
Maintenance
Min Hrs
Projected
Maintenance
Max Hrs
Min
Maintenance
Max
Maintenance
Location
16 Deterioration of the acrylic coating causing overall discoloration; Discoloration will continue with UV and weather exposure; Heavy oraganic deposits could lead to corrosion and pest infestation
2024-172-13 Adrian Susnea-Litman Birds of Paradise $200.00 16 32 $3,200.00 $6,800.00 16 32 $3,200.00 $6,800.00 Main & Great Mall Parkway Bust Stop Roof 17 Deterioration, blistering, peeling and signficant loss to paint layers; Deterioration will continue with UV and weather exposure
2024-172-21 Joe Bologna, Patricia
Vader
Kicker Kid $2,500.00 48 64 $10,200.00 $13,600.00 16 32 $3,400.00 $6,800.00 Cardoza Park 18 Discoloration, scratches and loss to the protective acrylic panels; Deterioration will continue with UV and weather exposure 2024-172-24 Carla Moss Little Alviso
Water Tower
$200.00 20 24 $5,000.00 $6,000.00 8 16 $2,000.00 $3,400.00 Alviso Adobe Park 19 Ferrous corrorsion on stainless steel elements; Cracking and minor losses in concrete; Condition issues will continue to develop with weather exposure
2024-172-23 Dan Snyder The Sundial $200.00 16 32 $3,400.00 $6,800.00 8 16 $2,000.00 $3,400.00 Sunnyhills Albert Augustine Jr. Memorial Park 20 Overall soiling and organic debris accumulation; soil and debris will continue to accumulate; full assessment of substrate condition would be completed during cleaning
2024-172-17 Niles Palmer Baseball Figures $1,500.00 16 32 $3,400.00 $6,800.00 16 32 $3,400.00 $6,800.00 Milpitas Sports Center, Baseball Field backdrop 21 New installation with minor soiling and bird droppings; It's important to begin maintenance early to avioid larger condition issues down the road
2024-172-1 James Dinh Circle of Time $150.00 4 6 $1,000.00 $1,500.00 4 6 $1,000.00 $1,500.00 Jose Higuera Park 22 Scratches, abrasions, paint loss. More scratches and losses could develop due to interactions with the public but indoor location protects it from the elements
2024-172-26 Debbie Koppman Welcome to
Milpitas
$150.00 48 64 $12,000.00 $16,000.00 32 48 $8,000.00 $12,000.00 Portable 23 Scuffs and minor abrasions. More scuffs could develop due to interactions with the public but indoor location protects it from the elements
2024-172-8 Adrian Susnea-Litman Four Seasons $200.00 8 16 $2,000.00 $4,000.00 4 8 $1,000.00 $2,000.00 Hallway wall, Barbara Lee Senior Center 24 Minor chips and losses and overall soiling; More losses could develop due to interactions with the public, and dust and grime will continue to accumulate, but indoor location protects it from the elements
2024-172-9 Adrian Susnea-Litman Garden Fantasy $200.00 8 16 $2,000.00 $4,000.00 8 16 $2,000.00 $4,000.00 Lobby, Barbara Lee Senior Center 25 Minor scuffs on the glazing; More scuffs could develop due to interactions with the public but indoor location protects it from the elements
2024-172-10 Joanie Popeo Our View $100.00 3 4 $750.00 $1,000.00 1 1 $250.00 $250.00 Barbara Lee Senior Center 26 Overall dust accumulation and soiling; Dust and grime will continue to accumulate, but indoor location protects it from major weather impacts
2024-172-11 Adrian Susnea-Litman Thriving Legacy $1,500.00 24 36 $6,000.00 $9,000.00 16 32 $4,000.00 $8,000.00 Barbara Lee Senior Center Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Active
Condition Issue
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
Requires
Maintenance
APPRAISAL REPORT
APPRAISAL REFERENCE NUMBER 032032
Type of Value Replacement Value - New
Intended Use Insurance Coverage
Subject Property A collection of public artworks
City of Milpitas Client
C/O Ms. Anna Talarico
Designing Local
20 E. Broad Street
Columbus, OH 43215
Effective Date October 31, 2024
Date of Examination October 29-31, 2024
Report Date March 5, 2025
Appraised by: LIZA HICKEY, ASA
ROTH ART GROUP
P.O. Box 545
Lafayette, CA 94549
ROTH ART GROUP
REF NO. - 032032
Title Page ................................................................................................................................................1 Table of Contents ................................................................................................................................2 Transmittal Letter ...............................................................................................................................3 Subject Property Summary List ....................................................................................................5 Terms and Notes ..................................................................................................................................8 Approaches to Value ...........................................................................................................................9 Limiting Conditions and Liabilities ...........................................................................................10 Privacy Policy Notification ............................................................................................................13 Item Description ................................................................................................................................14 Condition Ranking ............................................................................................................................40 State of the Market ............................................................................................................................41 Valuation Analysis ............................................................................................................................42 Certifications .......................................................................................................................................44 Works and Authorities Consulted ..............................................................................................46 Appraisers Credentials ...................................................................................................................48 Glossary of Terms .............................................................................................................................53
TABLE OF CONTENTS
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
Dear Ms. Talarico:
APPRAISAL REPORT FOR REPLACEMENT VALUE - NEW
We have prepared an appraisal report for a collection of public artworks in order to determine Replacement Value - New for Insurance Coverage as of the effective date of October 31, 2024. The conclusion of Replacement Value - New is $1,445,800.
This report is intended for use in Insurance Coverage only and not for any other use. The definition of Replacement Value - New is the cost to replace a property with an equivalent, or substitute which is new, using modern materials, techniques and standards that satisfy the description or use of the replaced property. It is the present cost of replacing the property with one having the same quality and utility, but in new condition.
This report is intended for use only by you and the relevant representatives of the City of Milpitas, as well as their designated insurance agent or broker. Use of this report by others is not intended by the appraiser. You have declared that the City of Milpitas is the owner of the subject property listed below and that all items are located at public locations throughout the city. We did not conduct any further research on ownership rights of the subject property.
In order to conclude our assignment, the scope of work in this appraisal report included relying on condition reports provided by ACT Conservation. ACT provided identification information, condition assessment, high resolution photographs, in some cases, measurements of the subject properties. As the artworks are custom, site-specific pieces, we determined that the most relevant market in which to replace the subject properties is through the artists' studios. We gathered current pricing information to re-create the works from the artists, or pricing for new comparable pieces by artists of similar stature and reputation in cases where the original artist was unavailable for comment. The detailed results of this analysis are presented in the Item Description and Valuation Analysis portions of the appraisal report.
The subject property was examined by ACT on October 29-31, 2024. In preparing this appraisal, we considered various characteristics of value based on our expertise including but not limited to March 5, 2025
Re: Appraisal No. 032032
City of Milpitas
C/O Ms. Anna Talarico
Designing Local
20 E. Broad Street
Columbus, OH 43215
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
the recognition of the artist and his/her position in the current art market, the subject matter, its rarity, the condition of the property, size, age and provenance.
I certify that I have no present or contemplated future interest in the subject property which might prevent me from making a fair and unbiased appraisal. The compensation to Roth Art Group is not based on a percentage of the appraised value of the subject property.
The appraisal report contains 53 pages and all components must be present for the report to be valid. Any item missing from this report renders it invalid. The report was prepared for intended use in Insurance Coverage and reflects the Replacement Value - New. It is valid only when used for this use and only when used in its entirety. Should you need an appraisal of the subject properties for a different intended use, a new appraisal with a new value conclusion would be required, and this would constitute a new assignment.
This appraisal report conforms to the 2024 edition of the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation and the Code of Ethics of the American Society of Appraisers, an organization dedicated to promoting high standards of the practice within the appraisal profession.
Submission of this report concludes the appraisal assignment. Please review this report carefully.
If you have any further questions, or if I can be of further assistance to you, do not hesitate to call us. It has been our pleasure to work with you on this project.
Sincerely,
Liza Hickey, ASA
Roth Art Group
EIN: 20-2794654
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
Artist Title Medium / Materials
ROTH ART GROUP
Ref No. - 32032
Value
SUBJECT PROPERTY INVENTORY
Item #
Mary Ann Baker Generations Bench Bronze, exterior grade acrylic
1 $30,000
Mary Ann Baker Happy Hats Bench Bronze, exterior grade
acrylic
2 $15,000
Mary Ann Baker Tulips Bench Bronze, exterior grade
acrylic
3 $15,000
Mary Ann Baker Let's Dance Bench Bronze, exterior grade acrylic paint
4 $15,000
5 Mary Ann Baker Veterans Memorial Bench Bronze, wood $8,000 Joe Bologna and Patricia
Vader
6 Kicker Kid Aluminum, steel, and paint $30,000
7 David Alan Clark Milpitas Minute Man Bronze $278,000
8 James Dinh Circle of Time Granite, concrete, paint $45,000 9 Scott Donahue Watching You Concrete, ceramic tile, paint $100,000 10 Bill Gould Green Tree Steel, recycled materials $100,000 Debra Koppman Welcome to Milpitas Acrylic paint on composite aluminum
11 $10,000
Cork Marcheschi Fertile Ground Plastic, dichroic glass, monofilament
12 $140,000
Shannon Moore and
Marcia Smith
Hand in Hand around the
Park
Ceramic mosaic tile, steel,
paint
13 $50,000
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
Artist Title Medium / Materials
ROTH ART GROUP
Ref No. - 32032
Value
SUBJECT PROPERTY INVENTORY
Item #
14 Carla Moss Flute Player Bronze $30,000
15 Carla Moss Cartwheels Bronze $60,000
16 Carla Moss Little Alviso Water Tower Acrylic panels, mixed media $40,000 17 Niles Palmer Baseball Figures Painted metal $75,000
18 Joanie Popeo Our View Pastel $12,000
19 Dan Snyder The Sundial Cement, stainless steel $100,000 20 Vickie Jo Sowell Legends of Milpitas Painted steel $45,000 Adrian Susnea Litman Old Farm Wagon Wood, steel, copper sheeting, paint
21 $52,000
Adrian Susnea-Litman Four Seasons sheet metal, metal wire, paint
22 $40,000
23 Adrian Susnea-Litman Garden Fantasy Ceramic tile $30,000 24 Adrian Susnea-LItman Thriving Legacy acrylic on wood panel $68,800 25 Adrian Susnea-Litman Birds of Paradise Sheet metal, acrylic paint $32,000 Laurel True Starscape Bench Glass and ceramic mosaic
tile, concrete
26 $25,000
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
Artist Title Medium / Materials
ROTH ART GROUP
Ref No. - 32032
Value
SUBJECT PROPERTY INVENTORY
Item #
Total Replacement Value - New: $1,445,800
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
NOTES AND TERMS FOR THE APPRAISAL
Type of Value:
The type of value used in this appraisal document is Replacement Value - New.
Intended Use:
This report is intended only for use in Insurance Coverage. This report is not intended for any other use.
Intended Users:
This report is intended for use by Anna Talarico of Designing Local, relevant representatives of the City of Milpitas, as well as their designated insurance agent or broker. Use of this report by others is not intended by the appraiser.
Definition of Replacement Value - New:
Replacement Value-new is the cost to replace a property with an equivalent, or substitute which is new, using modern materials, techniques and standards that satisfy the description or use of the replaced property. It is the present cost of replacing the property with one having the same quality and utility, but in new condition.
Source: American Society of Appraisers. Monograph 2: Types of Value for Varied Intended Uses, 2012. p. 2-10.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
APPROACHES TO VALUE
The following three approaches to value have been considered in estimating value for the subject property.
Sales Comparison Approach to Value:
A procedure to conclude an opinion of value for a property by comparing it with similar properties that have been sold or are for sale in the relevant marketplace by making adjustments to prices based on marketplace conditions and the properties’ characteristics of value. The sales comparison approach was used for analysis in this appraisal because there are a sufficient number of properties in the relevant marketplace comparable to the subject properties on which to base a credible value conclusion.
Alternative Methodologies Considered:
Cost Approach to Value:
A procedure to estimate the current costs to reproduce or create a property with another of comparable use and marketability. This approach to value was considered; however, the age, maker, and history of the properties in this appraisal contribute to value. Currently produced reproduction properties are not therefore comparable to the subject properties. This approach to value was therefore not used for analysis in this appraisal.
Income Approach to Value:
A procedure to conclude an opinion of present value by calculating the anticipated monetary benefits (such as a stream of income) for an income-producing property. This approach is not relevant in this case since income from the subject property is not contemplated at this time. (Source for definitions: Personal Property Committee of the American Society of Appraisers, Approaches to Value, last modified March 3, 2011, http://appraisers.org/PPHome/PPHome.aspx.) City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
LIMITING CONDITIONS AND LIABILITIES
This document is limited by those conditions that are implicit in the document’s Transmittal Letter.
The type of value of the enclosed appraisal report is Replacement Value - New for the intended use of Insurance Coverage. It is to be used for this specific purpose only.
The opinions of values expressed in this report are the direct result of data and materials researched, organized, and analyzed by the appraisers. The data was obtained from appropriate and reliable sources as stated in the “Works Consulted” section of the report. Provenance information and purchase receipts were provided, either verbally or through direct examination, to the appraisers by the client. The appraisers have relied on information supplied to them by the client, concerning undisputed title to the objects, acquisition history, purchase price, et al. The client, in accepting this report, acknowledges that the information supplied by him/her has been accurately transcribed and utilized by the appraisers. The client, in accepting this report, also acknowledges that no significant information has been withheld from the appraisers which may have caused the appraiser to arrive at a valuation conclusion different from the one(s) stated in this report, had such information been known at the time of the report’s preparation.
The enclosed valuations do not represent the net resale value of the works of art. Definitions of Replacement Value - New, Valuation Approach, and other terms required to be used in this type of report are contained in the body of the report. No opinion is expressed on past or future value of the appraised items.
Roth Art Group assumes no responsibility for changes in market conditions or the inability to locate a potential replacement item for a potential buyer for the items appraised.
The objective of an appraiser is to estimate values for a specific purpose. Appraisers are not authenticators; however, every effort has been made to properly identify the items listed herein by means of reviewing client paperwork and invoices to learn where each item was purchased; and by referencing catalogues raisonné, standard industry source books, auction catalogues, exhibition catalogues, and artist’s monographs. Wherever possible, catalogue raisonné numbers are cited in the Item Description section of the report. This is done to facilitate identification and indicate where further information on the work is available. Roth Art Group cannot be held accountable if a work listed in this appraisal report is not deemed authentic at a future date.
The appraisers have based descriptions of the appraised objects on their professional experience as appraisers in the fields of fine and decorative arts, and on the information supplied by third parties who are named in the report, where appropriate. Consequently, the appraisers believe that the descriptions of the appraised objects are accurate and correct.
However, additional research by scholars in the field, at some point in the future, may cause the appraisers to alter their assessment of the objects described in the report. While every effort has been made by the appraisers to ascertain the accuracy of descriptions of the appraised object(s) and their attribution, this report is not intended to serve as a certificate of authenticity City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
or warranty.
Since condition is an important factor in estimating value, each item was personally inspected by ACT Art Conservation (exceptions are noted). No chemical analysis or black light inspection was made of the subject works; therefore, only condition problems that are easily seen could be noted. Roth Art Group is not responsible for noting prior restorations and damage if not apparent or not disclosed by the client.
The client claimed ownership of the properties appraised. The values estimated in the report are based upon the assumption that the client is entitled to the rights and benefits of 100% ownership of the properties, and that the properties are unencumbered by any notes or partial ownerships. However, the appraiser makes no certification to legal title concerning the items appraised in this report.
This report must be used in its entirety. Neither all nor any part of the contents of this report (especially the conclusions as to the value or the identity of the appraiser) shall be reproduced or disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent and approval of the appraiser.
Measurements are considered approximations. Values provided represent values of the works unframed.
Photographs are taken as simple visual record and are not considered professional photographs.
When appropriate, consultants have been chosen for their specialized expertise and are assumed to be reliable. However, no responsibility is taken for the accuracy of their opinions.
Paintings were not removed from frames. No responsibility will be taken for information gleaned by removal of a work from a frame and any correlated adjustment to monetary value
Items are assumed to be in good condition unless otherwise mentioned.
The appraisers have not been disqualified by the IRS.
The completion and acceptance of this report finalizes the obligation of Roth Art Group as outlined in the scope of the assignment. Any future work related to this assignment will require additional fees if such services are requested.
Roth Art Group shall be held harmless from and against any actions, claims, liabilities or expenses incurred as a result of claims based on or arising from the appraisal by third parties unrelated to the immediate purpose of this appraisal.
Any dispute between the client and appraiser concerning this report which cannot be settled between the two parties will be referred to a neutral third-party mediation service. The cost of City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
such mediation shall be borne equally by both parties. In the event mediation is not successful, the parties will agree to submit the dispute to binding arbitration under the laws of the State of California.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
PRIVACY POLICY NOTIFICATION
Roth Art Group is committed to safeguarding the confidential information of our clients. We hold all of our clients' personal information provided to our appraisal service company in the strictest confidence and in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) and American Society of Appraisers (ASA) Code of Ethics and standards of confidentiality. Our files include information collected from clients in connection with the personal property appraisal services provided by our company. At no time in the past have we ever disclosed information to third parties, except as specifically authorized by our clients, or as required by law, and we do not anticipate doing so in the future. We are prohibited under federal law from changing our policy without first advising a client and obtaining permission. We use the personal property information provided by our clients to help meet their appraisal requests, while guarding against any real or perceived infringements of their rights of privacy.
Our policy with respect to personal information about our clients is as follows:
•We limit employee and agent access to information only to those who have a business or professional reason to know, and only to nonaffiliated parties as required by law. •We maintain a secure office and computer environment to ensure that your information is not placed at unreasonable risk.
•The categories on non-public personal information that we collect from a client depend upon the scope of the client’s appraisal engagement. This includes information about personal property assets, information about tax identification numbers, and other non-public information necessary. Additionally, it may include information about transactions between clients and third parties, and information from third party sources.
•Unaffiliated third parties that require access to our clients’ personal information, such as Federal and State tax regulators, insurance companies, and the like, may only review company records as permitted by law.
•We do not provide client information to mailing list vendors or solicitors for any reason whatsoever.
•Personally identifiable information will be maintained during the time a client is a client of the company and for the appropriate time thereafter that such records are required to be maintained by USPAP, and consistent with the ASA ethics code. After this required period of record retention, all such information will be destroyed in a manner consistent with providing confidentiality to our clients.
________________________________________ 3/5/2025
Andrea Z. Roth, Ph.D., ASA
ROTH ART GROUP
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Generations Bench
Date 2009
Bronze, exterior grade acrylic
Dimensions 80 x 84 inches
A curving, serpentine bench with pierced back composed of cameo depictions of various figures in historical dress, continuing to a slatted seat supported on ten legs joined by arched X-form stretchers, connected on the side to a tall tree issuing multiple branches sprouting green leaves and red apples
Description
Location Barbara Lee Senior Center
Assumed fair; overall soil and dust accumulation, corrosion, coating deterioration
Condition
Medium
Object Type Sculpture
1 Item Number
Replacement Value - New $30,000
MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Happy Hats Bench
Date 2009
Bronze, exterior grade acrylic
Dimensions 40 x 60 x 20 inches
Marks/Inscriptions Stamped on back "09 MABaker"
The bench with pierced colorful back composed of an assortment of hats continuing to slatted seat, with rose blosom cut-outs, flanked by branch form armrests and supported by eight branch form legs joined by arched stretchers
Description
Location Senior Center Patio
Condition Assumed Fair; overall soil and dust accumulation, corrosion Medium
Object Type Sculpture
2 Item Number
Replacement Value - New $15,000
MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Tulips Bench
Date 2009
Bronze, exterior grade acrylic
Dimensions 35 x 60 x 30 inches
The serpentine form bench with backrest composed of colorful frieze of tulips and butterflies, continuing to a slatted seat accented by cutout butterflies, flanked by branch form armrests and supported by eight branch form legs joined by arched stretchers
Description
Location Senior Center Patio
Condition Assumed Fair; overall soil and dust accumulation, corrosion Medium
Object Type Sculpture
3 Item Number
Replacement Value - New $15,000
MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Let's Dance Bench
Date 2009
Bronze, exterior grade acrylic paint
Dimensions 40 x 60 x 30 inches
The semicircular bench with painted, pierced backrest decorated with four registers of gold and red stylized forms, including stars, continuing to slatted seat accented with star-form cutouts, flanked by branch form armrests and supported by eight branch form legs terminating in high heel shoe and boot feet, all joined by arched stretchers
Description
Location Cesar Chavez Plaza, Barbara Lee Senior Center
Assumed Fair; overall soil and dust accumulation, corrosion, salt efflorescence, fading
Condition
Medium
Object Type Sculpture
4 Item Number
Replacement Value - New $15,000
MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Veterans Memorial Bench
Bronze, wood
Dimensions 35 x 60 x 20 inches
The bench with branch framed scene of American flag, soldiers, medals, and eagle amid stylized elements, continuing to slatted wood seat flanked by branch form armrests and supported on four branch form legs Description
Location Civic Center Plaza
Assumed Fair; overall soil and dust accumulation, coating deterioration and areas of loss, areas of corrosion
Condition
Medium
Object Type Sculpture
5 Item Number
Replacement Value - New $8,000
MARY ANN BAKER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Kicker Kid
Date 2015
Aluminum, steel, and paint
Dimensions
A kinetic sculpture in the form of a child in soccer uniform bending over between outstretched legs, with arms extended, a soccer ball below the child's head and a bike wheel above, connected by rods to the soccer ball Description
Location Cardoza Park
Assumed Fair; operational, some wear, overall soil and dust accumulation, areas of coating loss, areas of paint loss
Condition
Medium
Object Type Sculpture
6 Item Number
Replacement Value - New $30,000
JOE BOLOGNA AND PATRICIA VADER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Milpitas Minute Man
Date 2013
Bronze
Dimensions
Signature Incised on base with date
Marks/Inscriptions Informational plaque on plinth
A standing man in Colonial dress wearing a tricorn hat and holding a musket in one hand and resting his hand on a plough with the other, a jacket folded over the plough
Description
Location Milpitas City Hall
Assumed Fair; overall soil and dust accumulation, wax deterioration, corrosion
Condition
Medium
Object Type Sculpture
7 Item Number
Replacement Value - New $278,000
DAVID ALAN CLARK
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032 ITEM DESCRIPTIONS
Circle of Time
Date 2024
Granite, concrete, paint
Dimensions
Marks/Inscriptions Plaque on base, with information about the artwork a circular disc with hollow center, reminiscent of a milestone, engraved with a design of black flowing tule reeds, positioned on a circular podium textured on the sides to evoke the weave of Ohlone baskets Description
Location Jose Higuera Park
Assumed Good; overall soil and dust accumulation, organic debris, bird droppings
Condition
Medium
Object Type Sculpture
8 Item Number
Replacement Value - New $45,000
JAMES DINH
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Watching You
Date 2015
Concrete, ceramic tile, paint
Dimensions 138 x 66 x 66 inches (Overall)
Five tall columnar forms in gray and rose toned concrete separated by veins of orange and red tile, the columns featuring raccoons, eagles, deer, mountain lions, and steel head trout
Description
Location Rathbone Park
Condition Assumed Fair; overall soil and dust accumulation, multiple cracks Medium
Object Type Sculpture
9 Item Number
Replacement Value - New $100,000
SCOTT DONAHUE
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Green Tree
Date 2010
Steel, recycled materials
Dimensions 240 x 144 x 144 inches
A stylized tree anchored by five spherical terminals, with a central cylindrical trunk issuing four arched branches, each ending in a spherical finial, all connected by a series of graduated rings, all hung with assorted ornaments composed of found objects
Description
Location Pinewood Park
Assumed Fair; overall soil and dust accumulation, cobwebs, corrosion, some chips and tangles
Condition
Medium
Object Type Sculpture
10 Item Number
Replacement Value - New $100,000
BILL GOULD
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Welcome to Milpitas
Date 2021
Acrylic paint on composite aluminum
Dimensions 30 x 48 inches (Each)
A five-panel freestanding mural, designed to be portable and flexible, with colorful images inspired by historic photographs of Milpitas, including the Smith's Corner general store, the Southern Pacific train, the Windsor Blacksmith Shop, the Pashote Building, and the Ford Assembly plant Description
Location Variable
Assumed good; overall soil and dust accumulation, abrasions and losses to paint
Condition
Medium
Object Type Painting
11 Item Number
Replacement Value - New $10,000
DEBRA KOPPMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Fertile Ground
Date 2008
Plastic, dichroic glass, monofilament
Dimensions
Marks/Inscriptions Explanatory plaque below installation A mobile installation with a series of objects (glasses, key, rings, airplane, shapes) suspended by monofilament from the ceiling, the objects meant to represent "kernels of thoughts, some have taken form, some have structure, but most float and await the collision that will start the process to form an idea."
Description
Location Milpitas Library
Assumed good; overall soil, grime and dust accumulation, one element appears to be missing
Condition
Medium
Object Type Sculpture
12 Item Number
Replacement Value - New $140,000
CORK MARCHESCHI
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Hand in Hand around the Park
Date 2004
Ceramic mosaic tile, steel, paint
Dimensions 96 x 72 x 72 inches
A central tapered column covered in colorful mosaic tile flowers and vignettes, topped by a sphere surrounded by a pierced metal ring with cutout words and hand prints the lower section with four seats further decorated with tile mosaic scenes and banner of text quoting Anne Frank Description
Location Hillcrest Park
Assumed fair; overall soil and dust accumulation, corrosion to steel, cracking to tiles, some losses
Condition
Medium
Object Type Sculpture
13 Item Number
Replacement Value - New $50,000
SHANNON MOORE AND MARCIA SMITH
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Flute Player
Date 1996
Bronze
Dimensions 60 x 30 x 30 inches
Signature Incised on base, "C. Moss/S. Moss"
Marks/Inscriptions Incised date on base
Description A child seated on a rocky plinth playing a flute Location Civic Center Plaza
Assumed Fair: overall soil and dust accumulation, corrosion, wax wear and loss, patina loss
Condition
Medium
Object Type Sculpture
14 Item Number
Replacement Value - New $30,000
CARLA MOSS
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Cartwheels
Date 2004
Bronze
Dimensions 50 x 50 x 10 inches (Each)
Signature Each with incised signature "C. Moss" and date Three figures of children wearing colorful clothing, each in the act of turning a cartwheel, each figure positioned on a circular concrete base Description
Location Milpitas Library
Condition Assumed fair; overall soil and dust accumulation, corrosion Medium
Object Type Sculpture
15 Item Number
Replacement Value - New $60,000
CARLA MOSS
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Little Alviso Water Tower
Date 2012
Acrylic panels, mixed media
Dimensions 84 x 40 x 40 inches
A four-sided structure set on a aggregate square base, supported by four squared legs, each side set with horizontal panels depicting historical figures/scenes, alternating with friezes of grapes, horses, wagon wheels, cattle, maize, trees, and other elements, capped by a peaked adobe tile roof Description
Location Alviso Adobe Park
Assumed fair; overall soil and dust accumulation, areas of paint loss and cracking
Condition
Medium
Object Type Sculpture
16 Item Number
Replacement Value - New $40,000
CARLA MOSS
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Baseball Figures
Date 2000?
Painted metal
Dimensions
Two baseball players, each composed of gradated blue circular metal discs fitted onto the chain link fence support, one in the act of batting and the other pitching
Description
Location Milpitas Sports Center, Baseball Field
Condition Assumed good; overall soil and dust accumulation Medium
Object Type Sculpture
17 Item Number
Replacement Value - New $75,000
NILES PALMER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Our View
Date 2021
Pastel
Dimensions
The vertical landscape with a dark green field and scattered trees below a central tan hill, dotted with areas of dark green foliage, under an expansive blue sky with scattered clouds
Description
Location Barbara Lee Senior Center
Condition Assumed Good
Medium
Object Type Painting
18 Item Number
Replacement Value - New $12,000
JOANIE POPEO
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
The Sundial
Date 2002
Cement, stainless steel
Dimensions
A curved path inset with angelic figures, musical notes, spirals and stars, leading to a circular surface divided into wedge segments, each further embellished with inlaid spirals, stars and musical notes, centered by a wide disc, with the text "Welcome Home,"supporting an octagonal column, inlaid on sides with directional indicators interspersed with further figural motifs, capped by a circular sundial, composed of Roman numeral dial face with the motto "only sunny hours" and a wave-form gnomon pierced with star and figural cut-outs
Description
Location Sunnyhills, Albert Augustine Jr. Memorial Park Assumed fair; overall soil and dust accumulation, graffiti, corrosion on steel elements, minor cracks and abrasions
Condition
Medium
Object Type Sculpture
19 Item Number
Replacement Value - New $100,000
DAN SNYDER
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Legends of Milpitas
Date 2003
Painted steel
Dimensions 168 x 18 x 18 inches (Each)
Marks/Inscriptions Explanatory plaque below each column Three columns each painted in two-tone color scheme: "Legend One" painted in yellow/green and capped by symbolic elements of a century plant blossom, the Joseph Weller palm, Old Laguna School, a Western Pacific Railroad locomotive, and Half Dome; "Legend Two" painted in light blue/dark blue and capped by symbolic elements of hummingbird sage blossom, a Mission style building, an olive tree and Ohlone Indians; "Legend Three" painted in green/red and capped by symbolic elements of corn, a burrowing owl, a century plant, the Higuera Adobe, a Ford sedan and the Milpitas Hills
Description
Location Murphy Park
Assumed fair; overall soil and dust accumulation, corrosion throughout, pitting near seams
Condition
Medium
Object Type Sculpture
20 Item Number
Replacement Value - New $45,000
VICKIE JO SOWELL
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Old Farm Wagon
Date 2012
Wood, steel, copper sheeting, paint
Dimensions 47 x 221 x 70 inches
A platform wagon with brightly painted blue and red wheels, set with a bench seat at front and continuing to a red and blue painted wagon tongue; the platform of the wagon fitted with metal text, "Jose Maria de Jesus Alviso, Rancho Milpitas, 1837 "and an array of fruits
Description
Location Alviso Adobe Park
Assumed fair; overall soil and dust accumulation, corrosion, significant fading and wear to paint, evidence of pest activity
Condition
Medium
Object Type Sculpture
21 Item Number
Replacement Value - New $52,000
ADRIAN SUSNEA LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Four Seasons
Date 2010
sheet metal, metal wire, paint
Dimensions 48 x 48 x 3 inches (Each)
Marks/Inscriptions Each with applied plaque with artist's name and title Top left, "Winter" - a square composition of geometric silver/gray fields and curving lines
Top right, "Spring" - square composition of diagonals and bright green patination patterns
Bottom left, "Summer" - square composition of matte gold fields, bordered in blue/green patination, a glossy copper background
Bottom right, "Autumn" - square composition of varying tones of red and brown elements and incised curving lines
Description
Location Hallway, Barbara Lee Senior Center
Condition Assumed Good
Medium
Object Type Sculpture
22 Item Number
Replacement Value - New $40,000
ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Garden Fantasy
Date 2010
Ceramic tile
Dimensions 144 x 84 inches
The fireplace surround composed of mosaic flame composition in swirling patterns red and orange, accented by areas of blue and green Description
Location Lobby, Barbara Lee Senior Center
Assumed Good; minor losses to some tiles, overall soil and dust accumulation
Condition
Medium
Object Type Sculpture
23 Item Number
Replacement Value - New $30,000
ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Thriving Legacy
Date 2011 and 2024
acrylic on wood panel
Dimensions
The rectangular four panel mural featuring portraits of numerous figures and the seal of the City of Salinas, all on a bright yellow/orange background, together with two 36" circular portraits, one of a man wearing a fedora and smoking a pipe, and the other of a woman wearing glasses and a blue garment
Description
Location Barbara Lee Senior Center
Condition Assumed Good
Medium
Object Type Painting
24 Item Number
Replacement Value - New $68,800
ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Birds of Paradise
Date 2011
Sheet metal, acrylic paint
Dimensions 30 x 150 x 36 inches
The shelter top consisting of assorted sections of metal, some solid and some mesh, arranged to represent red bird of paradise blossoms amid wide green leaves
Description
Location Main & Great Mall Parkway, Bus Shelter
Assumed Fair; overall soil and dust accumulation, coating deterioration and areas of coating loss
Condition
Medium
Object Type Sculpture
25 Item Number
Replacement Value - New $32,000
ADRIAN SUSNEA-LITMAN
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 32032 ITEM DESCRIPTIONS
Starscape Bench
Date 2007
Glass and ceramic mosaic tile, concrete
Dimensions 42 x 84 x 84 inches
Marks/Inscriptions Plaque on base with title, artist's name and dedication A star shaped bench with domed center covered in colorful mosaic pattern dotted with stars
Description
Location Starlite Park
Assumed Fair: overall soil and dust accumulation, graffiti, cracks and chips to tiles
Condition
Medium
Object Type Sculpture
26 Item Number
Replacement Value - New $25,000
LAUREL TRUE
Title
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
CONDITION RANKING
Excellent: Works are usually contemporary or less than 20 years old. They are flawless without tears, fading, foxing and free of any debris.
Very Good: Used for works are usually older than 20 years and are clean, free of tears or paint chips. There may be some wear or fading that is considered normal and expected by the market due to the age of the work and does not cause a decrease in value.
Good: The work has some minor imperfections or has been restored. Minor imperfections include some debris that can be easily cleaned and brought to the level of “very good” or “excellent.” The work has been restored by a skilled restorer and evidence of damage or restoration is negligible.
Fair: The work is slightly damaged and requires some repair. The canvas has a small tear or has buckled or has some minor paint chips. The work has faded in color. Works on paper have minor tears, some brown discoloration, foxing spots or creases that can be restored.
Poor: The work is highly damaged, often beyond repair or requires a great deal of repair. For example the gap in a tear of the canvas is so large that it requires much alteration by a restorer.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
STATE OF THE MARKET
Art Market End of 2024
In 2024, the global art market witnessed a period of transition, navigating economic challenges while embracing new trends. Overall, the art market experienced a modest contraction, with global sales declining by approximately 4% to $65 billion. This downturn was influenced by high interest rates, inflation, and geopolitical instability, which affected collector confidence and spending. The U.S. market share, although decreased by 10% to $27.2 billion, still represents 42% of the global market.
A notable shift was observed in collector motivations as art buyers showed a more investmentdriven approach to art collecting. Additionally, younger collectors, particularly Millennials and Gen X, demonstrated increased activity, with a growing interest in contemporary and emerging artists. Female artists also gained greater representation, comprising 44% of artworks sold to high-net-worth individual collections, up from 33% in 2018.
The integration of technology continued to reshape the art market. Online-only sales reached $440.3 million, nearly tripling from 2020 levels, reinforcing digital platforms as critical components of the art market. However, sales in art-related NFTs declined sharply, from a peak of $2.9 billion in 2021 to $1.2 billion, reflecting a cooling interest in this segment.
There was significant activity in the market for affordable art, with works priced under $5,000 accounting for 82% of contemporary art sales. This trend highlights a shift toward accessibility and inclusivity, attracting new and younger collectors. The prints and editions sector also gained attention, offering a more accessible entry point into the art market with rising financial returns.
Despite a challenging year, the November 2024 auctions indicated signs of recovery.
Approximately 35% of lots exceeded their mid-estimates, and new artist records were set, reflecting renewed confidence among collectors. However, some high-profile works, including pieces by Matisse and Rousseau, remained unsold, highlighting selective buying patterns.
There is, therefore, resilience in the art market, with significant sales and a cautious yet optimistic collector base.
Looking ahead, experts predict that the art market will stabilize, with more gradual growth following the volatility of recent years. The market may expand by another 5-7% by 2025, with much of this growth coming from younger artists and collectors. Blue-chip works and traditional fine art are expected to remain strong, particularly as a hedge against inflation.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
VALUATION ANALYSIS
Introduction to Our Valuation Analysis of Fine Art:
The most significant characteristic of value in determining value of artwork is the identity of the artist. The artist's skill and career are major factors in appraising a work of art and are the primary drivers of his/her market. An artist who is beginning to exhibit is considered an “emerging artist” and is typically accepted in art centers, universities and small, local galleries only, regardless of the quality of the work. An artist is considered to be “mid-career” when he/she shows their work with established galleries in metropolitan areas and local museums while also entering competitions to obtain commissions and awards. When the artist is juried into shows at larger commercial galleries and museums that span a larger area than just their local region, and is the subject of art reviews or is published in catalogues, the demand generally increases as the work gets exposure to a larger public. An artist at this stage is considered “established.” The extent to which an artist is represented by a reputable gallery or dealer is an indication of the investment a gallery/dealer is willing to make into promoting a promising artist.
The works of mid-career and established artists may also appear at auction. Established artists with a strong market for their work on an international level, may also have a market with the major auction houses including Sotheby’s and Christie’s. Artists whose recognition is limited nationally with representation at galleries that specialize in that particular country and period might also sell at Sotheby’s and Christie’s but are more likely to be sold at other nationally recognized auction houses including Bonhams and Butterfields in California and London, Phillips de Pury in London, Heritage Galleries in Dallas, or Skinner in Boston.
Once the attribution of a work of art has been determined, either through the existence of the artist’s signature or through provenance or expert analysis, the next characteristic of value is the type of work. Some artists have certain periods, styles or genres (subject matter) in their overall output that are more sought after than others. The importance of the specific piece within the artist’s body of work as well as the work’s rarity are taken into consideration in valuing a work of art.
The next characteristic of value is the quality of the work and its medium. A work’s quality of execution, pictorial technique, richness, detail, color palette that appeals to most collectors and critics is assessed. In terms of medium, oils on canvas or board are traditionally the most valuable with watercolors, pastels, charcoal, ink and other drawing techniques on paper taking the next place. Prints and other types of multiples fall into the third category of value since the availability of the work in relationship to the demand influences the price as well. A print or multiple is valued according to type of printing process, its rarity and edition size. A larger edition size is less valuable than a smaller one and works that are out of print and rare on the open market, but popular, have more value.
The next categories determining value are condition and size. Works that are damaged or dirty are rarely sold at fine galleries, but may come up at auction at significantly reduced prices. Size is an important indicator of value as many works of art are often priced according to size; City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
however, in some cases large sizes may be a deficit as large paintings require adequate wall space.
Finally, whether or not a work may have won a prestigious award or have been included in a major museum exhibit, or published in a text book or museum catalogue would also have an impact on its value.
Valuing the City of Milpitas Art Collection:
The City of Milpitas collection consists of commissioned, site-specific installations. In order to arrive at replacement values for the subject properties, we researched the artists who made each piece. The majority of the artists are mid-career, active and working on projects.
Replacement value for the works by these artists is based on their current pricing structure to re-create their commissioned works. In the case of artists who were unavailable to provide this information or appear to be no longer actively working, replacement value is based on pricing for a comparable new work by an artist of similar stature and reputation.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
CERTIFICATION: ANDREA ROTH
I certify that, to the best of my knowledge and belief:
•The statements of fact contained in this report are true and correct. •The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
•I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. •I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
•I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
•My engagement in this assignment was not contingent upon developing or reporting predetermined results.
•My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
•My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. •I have not made a personal inspection of the property that is the subject of this report. •No one provided significant personal property appraisal assistance to the person signing the certification.
_______________________________________________
Andrea Roth, PhD., ASA
Roth Art Group
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
CERTIFICATION: LIZA HICKEY
I certify that, to the best of my knowledge and belief:
•The statements of fact contained in this report are true and correct. •The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions.
•I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. •I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment.
•I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment.
•My engagement in this assignment was not contingent upon developing or reporting predetermined results.
•My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal.
•My analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. •I have not made a personal inspection of the property that is the subject of this report. •No one provided significant personal property appraisal assistance to the person signing the certification.
_______________________________________________
Liza Hickey, ASA
Roth Art Group
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
Printed Sources:
American Society of Appraisers Personal Property Committee, Monographs 1-5, 6,7 and 13 (2017).
Appraisal Standards Board, Uniform Standards of Professional Appraisal Practice.
Washington, D.C.: The Appraisal Foundation, 2024.
Lucie-Smith, Edward, The Thames and Hudson Dictionary of Art Terms, London: Thames and Hudson, Ltd. 1984.
Soucy, Patricia C. and Smyth, Janella N., eds. The Appraisal of Personal Property, Principles, Theories, and Practice Methods for the Professional Appraiser, Washington, D.
C.: American Society of Appraisers, 1994.
Internet Sources:
1stDibs Year in Review Database
Public Art Network
Americans for the Arts
https://www.americansforthearts.org/
Galleries and Dealers Consulted:
Randolph Rose Collection
Yonkers, NY
Xanadu Gallery
Scottsdale, AZ
Artists Consulted:
David Alan Clark James Dinh
Artik Art & Architecture (Bill Gould) Dr. Debbie Koppman City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
Cork Marcheschi Carla Moss
Joanie Popeo Dan Snyder
Vickie Jo Sowell Adrian Susnea Litman
Laurel True Patricia Vader and Joe Bologna
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
APPRAISER'S CREDENTIALS
ANDREA Z. ROTH, PH.D.
EDUCATION
Ph.D., Art History, University of Southern California, 2002 M.A., Art History, University of Southern California, 1995 B.A., Honors, Political Science, University of California, Los Angeles, 1987 American Society of Appraisers (ASA), Accredited Senior Appraiser American Society of Appraisers, Accreditation Program
Introduction to Personal Property Valuation (PP/GJ201), 2004 Personal Property Valuation Methodology, Research and Analysis (PP/GJ202), 2005 Appraisal Methodology: Report Writing (PP/GJ203), Rhode Island School of Design, 2005
Insurance and the Legal Environment (PP/GJ204), U.C. Irvine, 2006 California Art and Design, U.C. Irvine, 2006
Uniform Standards of Professional Appraisal Practice (USPAP), 7-Hour Update, August 8, 2024
EMPLOYMENT
October 2003 – Present
Roth Art Group: Founder & CEO
Independent fine art appraiser specializing in American and European paintings and sculpture from 1800 to contemporary. Prepare appraisal reports for insurance coverage, estate planning and tax, charitable donations, division of property, damage/loss claims, bankruptcy and collateral valuations. Offer art consultation services for sale and purchase, art investment, authentication research, market condition analysis and collection cataloging. May serve as expert witness at trials involving fine art and sculpture disputes.
Certified by California State Board of Education to offer courses for continuing education. Course offered: The Fine Art Appraisal and the Art Market Offer seminars in IRS requirements for estate tax appraisals to estate planners and estate attorneys
Offer seminars in the current state of the art market and appraisal requirements to insurance brokers, estate planning, and family law professionals.
LECTURES & SEMINARS
AAML (American Academy of Matrimonial Lawyers)– Northern California Chapter, “What do we do with all this stuff? Valuations, Distribution and Selling Valuable Objects in Divorce.” January, 17, 2024.
Central Oregon Estate Planning Council, “Protecting the Castle and Treasures: Risk Management for Valuable Items in an Estate.” January, 31, 2024.
American Society of Appraisers, “Jewelry as Art, Art as Jewelry: Blurring the Boundary for the Appraiser,” Webinar, June 2022.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
San Francisco Trusts and Estate Planning Affinity Group, Provisors Trusted Advisors Group, “Digging for Treasure: How to Find and Protect Hidden Art Assets,” March 2021 American Society of Appraisers, “Protecting Your Art: What You Need to Know About Copyright, Restitution, Money Laundering and Other Art Related Transactions,” Webinar October, 2020
Bar Association of San Francisco, “The Art of Planning for Valuable Collections,” July 2020 American Society of Appraisers, “The Value of Fame-Appraising Hollywood and Rock ‘n’ Roll Memorabilia,” Webinar, June 2020
Santa Clara Estate Planning Council, “Case Studies in Complex Fair Market Value Appraisals,” February 2020.
RIMS, Risk Insurance Management Society, San Francisco Chapter, “The Essentials of Art Asset Protection,” January 2018.
Chubb Insurance, San Francisco, “The Fundamentals of Appraising Fine Art,” November 2014.
Diablo Valley Estate Planning Council, Walnut Creek, “Challenging Your Own Value Wizard,” June 2013.
City National Bank, Private Client Group, San Francisco, “Navigating the Current State of the Art Market,” May 2012.
EMPLOYMENT(CONTINUED)
September 1994 - August 1996
The Art Bulletin: Editorial Assistant
Monitored all daily operations of the Art Bulletin, the most prestigious journal in the discipline of art history. Reviewed and evaluated manuscript submissions, occasional editing of manuscripts, performed editorial-related research, extensive record keeping.
January 1992 - August 1993
J. Paul Getty Art History Information Program: Associate Editor Edited all entries for the Thesaurus of Geographic Names (TGN), the first automated source of hierarchically-arranged international geographic data. Participated in strategic planning.
Performed research, and wrote summaries for publishing.
July 1989 - December 1991
Bowles/Sorokko Galleries: Gallery Administrator
Supervised gallery administrative operations. Coordinated exhibitions and auctions.
Maintained gallery archives, performed provenance research, prepared educational material.
Wrote administrative procedures and training manuals. Gained overall familiarity with modern and contemporary art market trends.
TEACHING EXPERIENCE
Visiting Lecturer at the following institutions in the Department of Art History, teaching courses in European 16th and 17th century art:
University of California at Davis, Fall and Spring 2003 Mills College, Winter 2003
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
Santa Clara University, Fall 1999
University of California at Riverside, Spring 1997
FELLOWSHIPS AND HONORS
William J. Fulbright Scholarship for Research in Italy, 1997-98 Gladys Krieble Delmas Foundation, Dissertation Writing Grant, 1999-2000 University of Southern California, Dissertation Writing Award, 2002
PROFESSIONAL AFFILIATIONS
Accredited Senior Appraiser (ASA), American Society of Appraisers ASA NorCal Chapter Vice President, 2020-2022
ASA NorCal Chapter Board Member, 2022- present
ArtTable
J. Paul Getty Research Institute Affiliate
FOREIGN LANGUAGES
Italian, Romanian, Spanish reading ability
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
LIZA HICKEY, A.S.A.
EDUCATION
Master of Philosophy, European Fine & Decorative Art History, University of Glasgow (Christie’s Education) 2002-2003
Bachelor of Arts, Psychology, Minor, Art History, University of California Santa Barbara, 1996 -2000
American Society of Appraisers (ASA), Accredited Senior Appraiser American Society of Appraisers, Accreditation Program
Introduction to Personal Property Valuation (PP/GJ201), 2009 Personal Property Valuation Methodology, Research and Analysis (PP/GJ202), 2010
Appraisal Methodology: Report Writing (PP/GJ203), 2010
Insurance and the Legal Environment (PP/GJ204), 2011
Uniform Standards of Professional Appraisal Practice (USPAP), 7-Hour Update, June 5, 2024
EMPLOYMENT
2024-Present
Roth Art Group: Head of Appraisal Services, Decorative Art & Antiques Appraiser Conduct professional art appraisals for insurance coverage, estate planning and tax, charitable donations, division of property, damage/loss claims, bankruptcy, and collateral valuations.
Offer project management, art market analysis, trend monitoring, and provide informed advice to clients to make strategic decisions within the art market. 2023-2024
Applied Art Appraisals: President and Decorative Art Appraiser Accredited Senior Appraiser, American Society of Appraisers - Appraisal knowledge and expertise to solve valuation problems, with an emphasis on the functional arts, including ceramics, glass, metalwork, and furniture. Applied Art Appraisals offers professional, detailed, thorough and organized valuation reports for insurance coverage, charitable contribution and estate management.
2007-2022
Hobart Associates, Inc.: Associate Appraiser
Responsible for valuation of decorative arts, research, editorial assistance and office administration at small fine art and antique appraisal firm. 2011-2016
Freelance Writer, Editor, Researcher
Worked with Old Master prints and drawings, book specialist. Wrote, edited valuation analyses in collaboration with Fine Art appraiser
2004-2007
ABC-CLIO, Santa Barbara: Writer/Editor
Planned, researched, and produced numerous feature stories on a variety of geographic, political, and cultural topics. Wrote and edited news stories for use on educational web-based database. Collected and managed data on individuals (political leaders and cultural figures) and organizations (political parties, legislatures, cultural groups, et. al.) City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
PROFESSIONAL AFFILIATIONS
Accredited Senior Appraiser (ASA), American Society of Appraisers ASA NorCal Chapter Secretary, 2016-2021
ASA NorCal Chapter Treasurer, 2022-2024
American Decorative Arts Forum, member, 2023-present
San Francisco Ceramics Circle, member, 2024-present
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
ROTH ART GROUP
Ref No. - 032032
GLOSSARY OF TERMS
Appraisal. An unbiased, supportable estimate of a defined value by a person trained in research and analysis, and who is knowledgeable about the property being appraised and its class, and acts with accepted and professed standards of professional practice. Appraisals are written and oral reports which communicate value.
Auction. A scheduled event where works of art are sold at a specific time and place to the highest bidder.
Characteristics of Value. The characteristics of a property significant in the market such as condition, date, subject matter or color. Characteristics of value are primarily questions of fact and have an objective relationship to the marketplace.
Provenance. The listing of the previous ownership of a work of art, forming an essential part of its history. Provenance is usually given in the entries for works of art in scholarly catalogues of a particular collection or entries for works of art in scholarly catalogues of a particular collection or artist’s oeuvre.
City of Milpitas
Liza Hickey, ASA, Appraiser
Effective Date: October 31, 2024
Replacement Value - New
Case Studies
PERCENT FOR ART
PUBLIC CIP/DEVELOPMENT ASSESSMENT
One and one-half (1.5) percent of eligible projects
expenditures within the City’s annual Capital Improvement Projects.
PRIVATE DEVELOPMENT ASSESSMENT
One-half (.5) percent of building development costs for Private nonresidential building developments involving 2,000 square feet or more of new floor area and Private residential building developments of 20 or more new dwelling units.
IN-LIEU CONTRIBUTION
One-half (.5) percent of building development costs.
ANALYSIS AND KEY TAKEAWAYS
Opportunity areas:
• Expanding Private Development assessment for public
art to one and one-half (1.5) percent.
• Expanding the in-lieu contribution to one and one-half (1.5) percent.
• Provide clearer definition for eligibility for both private and public projects.
MILPITAS, CA
Palo Alto
Sunnyvale
Milpitas
Fremont
Emeryville
Morgan
Hill
PUBLIC CIP/DEVELOPMENT ASSESSMENT
One (1) percent of the project valuation within a variance of ten percent
PRIVATE DEVELOPMENT ASSESSMENT
Two (2) percent of project construction valuation
IN-LIEU CONTRIBUTION
Yes. The in-lieu fee shall be 1.1% of the building valuation. The additional .1% assessed is to be reserved in the public art fund for maintenance of the collection.
ANALYSIS AND KEY TAKEAWAYS
A public percent for art fee is not included in the ordinance, but Sunnyvale’s provision of a maintenance assessment
as part of the in-lieu fee is a sustainable approach to ensuring the collection’s ongoing maintenance, especially if Sunnyvale private developers are more frequently opting into the in-lieu fee.
SUNNYVALE, CA
Distance from Milpitas: 10 miles southwest
Population: 155,805
Area: 22.78 miles²
PUBLIC CIP/DEVELOPMENT ASSESSMENT
One (1) percent fee assessed for public projects.
PRIVATE DEVELOPMENT ASSESSMENT
The original 1987 ordinance was expanded in 2016 to include a private development assessment. For specified districts in the City, a fee per square foot of construction is assessed.
As of 2016, the fee was $0.52 per square foot. In Fremont, the amount of the fee shall be based on an amount per
square foot adopted by resolution each year, based on the Consumer Price Index in the San Francisco-Oakland-San
Jose area for the preceding year.
IN-LIEU CONTRIBUTION
Not for all projects, but for private development greater than 100,000 square feet, the developer has the option
to contribute 50% of the assessed fee, if public art is not installed.
ANALYSIS AND KEY TAKEAWAYS
A square footage model is highly desirable for communities anticipating significant private development in coming
years. This approach ensures a more accurate assessment is made.
FREMONT, CA
Distance from Milpitas: 12 miles northwest
Population: 230,504
Area: 88.46 miles²
PUBLIC CIP/DEVELOPMENT ASSESSMENT
One (1) percent of the City’s annual Capital Improvement Program (CIP) budget
PRIVATE DEVELOPMENT ASSESSMENT
One (1) percent of the estimated construction valuation
IN-LIEU CONTRIBUTION
Yes, one (1) percent of the estimated construction valuation
ANALYSIS AND KEY TAKEAWAYS
Palo Alto offers a very comprehensive suite of resources to inform Private Developer’s understanding of the public art fee, their options for the one (1) percent assessed, and how the Palo Alto Art Program can support these processes.
PALO ALTO, CA
Distance from Milpitas: 16 west northwest
Population: 68,572
Area: 26 miles²
PUBLIC AND PRIVATE CIP/DEVELOPMENT ASSESSMENT
Applicable for both private and public projects:
Morgan Hill is exploring adopting a one (1) percent fee for the total construction valuation of new residential building developments of 20 housing units or more; nonresidential development projects of 5,000 square feet or more; and new public buildings and new city parks.
IN-LIEU CONTRIBUTION
Yes. The in-lieu fee shall be equal to the one (1) percent assessment.
ANALYSIS AND KEY TAKEAWAYS
Milpitas’ current ordinance does not specify an in-lieu fee.
It is common for in-lieu fees to be a fraction of the total fee assessed, if art is not selected, but clarifying what this amount should be will ensure consistency from project to project. It is recommended that the maximum amount for
an in-lieu fee should be explored for revision in Milpitas’ ordinance.
MORGAN HILL, CA
Distance from Milpitas: 28 miles southeast
Population: 44,478
Area: 12.94h miles²
PUBLIC CIP/DEVELOPMENT ASSESSMENT
One and one-half (1.5) percent of building costs for public art is assessed for municipal development projects.
PRIVATE DEVELOPMENT ASSESSMENT
One (1) percent of building costs for public art is assessed for private developers of non-residential buildings with building costs in excess of $300,000.
One-half (.5) percent of building costs for public art is assessed for private developers of residential projects over 20 units allocated.
IN-LIEU CONTRIBUTION
Yes, but the amount is unspecified.
ANALYSIS AND KEY TAKEAWAYS
While the public percent for art fee aligns with Milpitas’, Emeryville assesses higher fees in private development.
EMERYVILLE, CA
Distance from Milpitas: 50 miles northeast
Population: 12,732
Area: 2.01 miles²
Title XI - ZONING, PLANNING AND ANNEXATION
Chapter 10 - ZONING
Section 14 Public Art Requirements for Private Development Section 14 Public Art Requirements for Private Development XI-10-14.01 Definitions
"Affordable Housing" is defined in Section XI-10-54.15.D of the Zoning Code.
Artist means an individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner’s body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and/or production of artwork. The members of the architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by these policies shall not be considered artists for the purposes of these policies. "Building Development Costs" means those construction costs as declared on building permit applications, and as accepted by the Building Official. Building permit applications shall include building, plumbing, mechanical and electrical permit applications for the project.
"Developer and/or Owner" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality (other than the City of Milpitas), industry, public or private corporation, or any other entity that undertakes any construction within the City subject to the requirements in this Section 14.
Exterior place means any place, public or private, outdoor and exterior to buildings or structures and exposed to public view, including, but not limited to, buildings, parks, right-of-way medians and open spaces.
Local artist means an artist, as defined in this chapter, who resides in Santa Clara County, California.
Maintenance, with respect to artwork, means the required repairs or cleaning to keep a work of art in its intended condition, including preventative maintenance at scheduled intervals to curtail future deterioration, ordinary repairs or maintenance, including but not limited to, painting, repair, replacement, or installation of mechanical equipment.
Maintenance, with respect to ordinary property maintenance, means ordinary repairs or maintenance of a structure, including but not limited to, painting, roof repair, replacement, or installation of mechanical equipment. "Public Art" is a process which results in the incorporation of original works of art by artists in publicly accessible spaces and which serves a socio-environmental function identifiable with people; is accessible to the mind and the eye; is integral to the site and responds to the concept of place making; is integrated with the work of other design professionals; is of high quality; serves the City by enhancing the quality of life for citizens and contributes to the City's prestige; is unique to its moment in time and place.
Public art master plan means the Public Art Master Plan of the City of Milpitas, California that pertains to public art, as it exists or may be amended. The Plan shall provide a process for the systematic selection and acquisition of pieces of artwork and locations of art to be included in public places. "Public Art Program In-Lieu Contribution" means the percentage of Building Development Costs required herein.
"Public Art Projects" are projects which involve artists working through the public art process that result in the creation of original 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, Milpitas, California, Code of Ordinances Created: 2025-02-28 13:15:03 [EST] (Supp. No. 57)
photographs, drawings, collages, prints, crafts both decorative and utilitarian in clay, fiber, wood, metal, glass, plastics and other materials. Public Art Projects also include artists serving on design and development teams to identify opportunities to incorporate art in publicly accessible space. "Publicly Accessible Art" means art that is accessible to the general public.
Renovation means a project requiring a building permit where fifty percent (50%) or more of the exterior building area is being modified, rebuilt or improved by construction. For purposes of this chapter, "renovation" does not include the following:
1. Repair or reconstruction of structures which have been damaged by fire, flood, wind, earthquake or other casualty.
2. Historic preservation or restoration.
3. Development activity on existing, previously approved developments for the sole purpose of accessibility compliance.
Total construction costs means the total cost of the improvements, excluding land costs, approved for a development project, as indicated on the construction contract(s) for the subject improvements. (Ord. No. 38.821, § 3, 5/19/15)
XI-10-14.02 Purpose and Intent
This Section 14 is intended to promote the aesthetics and arts in the City of Milpitas by requiring the inclusion of a public artwork component in new private development projects in Milpitas. A policy is hereby established to require certain private developments to include Publicly Accessible works of art for placement on the development site or contribute a Public Art Program In-Lieu Contribution as a condition of project approval.
Developers and/or Owners are encouraged to employ Milpitas artists or arts organizations to fulfill the Public Art requirement.
(Ord. No. 38.821, § 3, 5/19/15)
XI-10-14.03 Contribution Requirements
A. Calculation.
a. Nonresidential Building Developments. All Pprivate nonresidential building developments involving 2,000 square feet or more of new floor area shall devote an amount not less than one and one-half of one percent (1.5%) of total construction costsBuilding Development Costs for acquisition and installation of Publicly Accessible Art on the development site. b. Residential Building Developments. All new Pprivate residential building developments of 1020 or more new dwelling units, including new construction, or the renovation or improvement of an existing building where fifty percent (50%) or more of a building is being modified, renovated, expanded, rebuilt or improved by construction, shall devote an amount not less than one and one-half of one percent (1.5%) of total construction costsBuilding Development Costs for acquisition and installation of Publicly Accessible Art on the development site.
B. Public Art Review. All proposed Public Art to be installed on a development site under this Section 14 shall first be reviewed and approved by the Art Commission for its artistic value and appropriateness in light of the size of the development project. The cost of the proposed Public Art shall not be the sole reason for rejecting the proposed Public Art. The Art Commission shall consider the following criteria in recommending approval or disapproval of a work of art:
a. Complies. The proposed art conforms to the definition of art contained in this chapter and will be created by an artist or local artist as defined in this chapter.
Created: 2025-02-28 13:15:03 [EST]
(Supp. No. 57)
b. Master plan. The proposed art meets the qualities described in the public art master plan, if applicable to the project.
c. Visual accessibility. The proposed art will be readily visible to the public and meet the location requirements of this chapter.
d. Quality. The proposed artist is professionally recognized in the medium, and the proposed art is of quality and enduring value.
e. Appropriateness to site. The proposed art is of design, scale, and material appropriate to the site. f. Compatibility. The proposed art is compatible with surrounding neighborhoods. g. Public Welfare. The proposed art is not detrimental to the public welfare and will not constitute a safety hazard.
h. Maintenance.The proposed art will not require extraordinary maintenance. i. Valuation. The proposed art meets or exceeds the public art assessment requirements of this chapter.
j. Location.The proposed location of the art and/or element(s) is in an exterior place and is appropriate to accommodate the size and scale of the proposed art and/or element(s), has or can reasonably accommodate any necessary supporting infrastructure and is in compliance with applicable city code requirements such as visibility triangle. Notwithstanding the foregoing, art purchased with the arts and culture fund or for public construction projects may be located inside publicly owned buildings.
C. Requirements. All private development meeting the applicability requirements of this section must elect one of the following assessment methods within ninety (90) days of the issuance of the first building permit or site work permit for a subdivision plat for any portion of the project: In-Lieu Contribution. a. Option 1: On-Site Artwork. At the discretion of the Developer and/or Owner, in lieu of installing on-site Public Art, the Developer and/or Owner may provide a Public Art Program In-Lieu Contribution to be deposited into the Public Art Fund for acquisition and placement of Public Art throughout the City. The Developer may contribute an amount equal to one and one-half (1.5) percent of the total construction costs for deposit to the public art fund. The public art assessment must be paid in full prior to the issuance of a certificate of occupancy except for subdivision plats which are required to submit the public art assessment in full at the time of recording of the final plat;
b. Option 2: Contribute to Fund.The Art Commission may allow a Developer and/or Owner to satisfy the public art requirement by a combination of installing Publicly Accessible Art on the development site and make a Public Art Program In-Lieu Contribution if the Art Commission determines that the location, siting or scale of the development site makes the installation of Publicly Accessible Art inappropriate or impossible for the purposes of satisfying the one and one-half percent (1.5%) requirement for installing Publicly Accessible Art on the development site.
c. Option 3. On-site Artwork and Contribute to arts and culture fund. Where there are combined uses within a development project or portion thereof, the arts fee shall be the sum of the fee requirements of the various uses listed above.
d. Option 4: Alternative Equivalent Proposal. Submit an alternative equivalent proposal to the Director of Planning.
i. The proposal shall be for the installation of freely accessible work of art on City public right-of-way, on property owned by other public agencies, or on another property under the control or ownership of the developer. The proposal may seek a combination of the public art assessment associated with multiple projects into one larger work of art in lieu of several small works of art.
ii. The proposal shall contain all information and establish all criteria set forth in section ______ of this Chapter, excluding the document required by ______.
Created: 2025-02-28 13:15:03 [EST]
(Supp. No. 57)
iii. The developer must demonstrate that the cost of the proposal will equal the cost of the public art assessment otherwise required under subsection ______ and not create unbudgeted costs for the City.
iv. The City may approve the proposal if it finds that:
1. The alternative equivalent proposal will further the purposes of this chapter as set forth under section ______; and
2. The proposed location of the alternative equivalent proposal is in reasonable proximity to the location of the site(s) generating the work of art requirement, in order to avoid clustering of all public art in one location; and
3. The cost of the proposal will be equal to or greater than the cost of the public art assessment that would otherwise be required under Subsection ______; and
4. The developer has established to the satisfaction of the City that the alternative equivalent proposal will create freely accessible public art in the City to an equal or greater extent than installation of the public art on the individual project site or a contribution to the Fund.
5. In approving a proposal, the City may impose reasonable conditions of approval requiring the developer to enter into agreements with the City or other public agencies or private parties in order to memorialize the legal obligations of all parties involved with the alternative equivalent proposal.
D. The public art assessment for residential development projects will be calculated on a plat by plat basis.
Total construction costs for purposes of calculating the public art assessment will be based on the total construction costs for all property depicted on each plat included within the residential development project.
E. Notwithstanding the foregoing, the public art assessment for any single project, cannot exceed one hundred thousand dollars ($100,000.00).
F. Subsequent Removal of Public Art or Alternative Compliance Space. If the Developer and/or Owner satisfies the Public Art requirement in accordance with subsection (A)(1), (A)(2), above, the Public Art previously installed on the development site may only subsequently be removed if the Developer and/or Owner makes a Public Art Program In-Lieu Contribution equivalent to the original amount to the Public Art Fund.
G. Exclusions. The requirements of this Section 14 shall not apply to:
a. an Affordable Housing development with a minimum of 20 percent Affordable Housing units if the Developer and/or Owner demonstrates to the satisfaction of the City Council that said requirements would cause the development project not to be economically feasible. b. Transitional housing
c. Ordinary property maintenance.
d. Repairs and restoration resulting from fire, flood, windstorm or other casualty or natural disaster, as determined by the building official.
e. Industrial and commercial development that is not open or accessible to the general public due to the storage or use of hazardous, radiological, or infectious materials, national security reasons, or other reasons related to the health, safety, or security of the public. (Ord. No. 38.821, § 3, 5/19/15)
XI-10-14.04 Public Art Fund
Public Art Program In-lieu Contribution shall be placed in the Public Art Fund. The fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Art Commission shall recommend utilization of monies in the Public Art Fund to the City Council.
Created: 2025-02-28 13:15:03 [EST]
(Supp. No. 57)
(Ord. No. 38.821, § 3, 5/19/15)
XI-10-14.05 Compliance
Compliance with the provisions of this Section 14 shall be demonstrated by the Developer and/or Owner at the time of filing the Building Permit application as follows: (a) payment of the full amount of the Public Art Program In-Lieu Contribution, or (b) written proof to the Building Department and the Public Art Program of a contractual agreement to commission or purchase and to install the requested artwork on the development site by a date approved by City. The value of the Publicly Accessible Artwork shall be independently verified by a third party unrelated to the Developer and/or Owner and submitted to the City with the contractual agreement at the sole expense of the Developer and/or Owner. The Developer and/or Owner shall provide the City with proof of installation of the requested artwork on the development site or proof of full payment of the Public Art In-Lieu Contribution before issuance of the certificate of occupancy, unless the City has approved some other method of assuring compliance with the provisions of this Section 14. In the case of installation of Public Art on the development site, the Developer and/or Owner shall maintain said artwork in proper condition on an ongoing basis.
(Ord. No. 38.821, § 3, 5/19/15)
XI-10-14.06 Violations of this Section
In addition to other fines or penalties provided by State or municipal law, the City may revoke or suspend any permit granted to any Developer and/or Owner who violates the provisions of this Section 14. (Ord. No. 38.821, § 3, 5/19/15)
****SECTIONS PROPOSED FOR ADDITION****
1. Sec. ___________. Inclusion of art at private development site.
1. Location. Artwork must be located in an exterior, publicly accessible place.
2. Process. If the developer chooses to provide artwork at the site of the private development, the developer must comply with the following process:
a. Escrow and accounting of funds for artwork. The developer must submit documentation to the city showing a deposit for public art was made with the developer's attorney or escrow agent into an escrow account not more than ninety (90) days after the issuance of the first building permit or site work permit for subdivision plats, in an amount equal to one and one-half percent (1.5%) of the total construction costs.
b. Art consultant. If the developer chooses to provide artwork on site, the developer may utilize up to twelve percent (12%) of the escrowed art deposit to retain an art consultant to assist in the selection and procurement of the required work of art. The art consultant cannot have a financial or other relationship with the artist or developer, or any ownership in the artwork purchased by the developer. The artist is not entitled to the art consultant fee. c. Artist selection. Selection of the artist will be the responsibility of the developer. The selected artist must be an artist as defined in this chapter. The commission of the artist must be by written contract between the developer and artist.
Created: 2025-02-28 13:15:03 [EST]
(Supp. No. 57)
3. Application for approval of proposed art. An application for approval of the work of art must be made to the Art Commission within ninety (90) days of the issuance of the first building permit or site work permit for subdivision plats. The application must include:
a. Artist's qualifications, including resume and portfolio establishing the artist's credentials. b. Detailed description and depiction of the work of art and its location on the site. c. Drawings and renderings of the proposed work of art, in terms of size, scale, color, shape, and materials in sufficient detail to provide a clear understanding of the art. d. Appraisal of the value of the art.
e. Documentation showing that a deposit for public art was made into an escrow account. f. Maintenance program required for the artwork.
g. Proposed restrictive covenant running with the land that binds the property owner's successors and assigns to retain and maintain the artwork in compliance with this chapter, as more specifically described in section ______.
h. Compliance with public accessibility (ADA) requirements.
4. Board review of contribution of art. The Art Commission shall review the proposed artwork based on the criteria established in section ______ and shall recommend to the city council whether to approve, deny, or approve with conditions the selection and location of the artwork with sensitivity to the aesthetic and cultural traditions and the history of the city and to the character of the surrounding neighborhoods.
5. Appraisal. The value of the Publicly Accessible Artwork shall be independently verified by a third party unrelated to the Developer and/or Owner and submitted to the City with the contractual agreement at the sole expense of the Developer and/or Owner. Such appraisal will be paid for by the developer from the escrowed art deposit.
Sec. ___________. Ownership and maintenance of artwork installed on private property.
1. Artwork installed on private property pursuant to the requirements of this chapter is the property of the property owner. Title and ownership of the artwork transfers in whole or in part to any successor in interest of the property. The property owner shall be responsible for maintenance of the artwork in good condition at all times, as determined by the city. The property owner shall be responsible for ensuring that the public's view of the artwork is maintained, and that no vegetation or additional construction obstructs the public's view. Maintenance includes any associated landscaping or related improvements.
2. The owner of any property containing artwork installed in compliance with this chapter must include restrictions by recorded covenant that require retention and maintenance of the artwork in compliance with this chapter to run with the land and be binding on the owner's successors and assigns. The restrictive covenant must be recorded within ten (10) days of the issuance of the certificate of occupancy for the project. Any such restrictive covenant must be approved by the city attorney prior to recordation.
Sec. ___________. Removal or replacement of artwork installed on private property.
1. Artwork installed in accordance with this chapter must remain on site in the approved location and cannot be altered, replaced, or removed except as provided in this chapter, or when deemed to be unsafe by the city building official, or require replacement due to destruction or casualty to the artwork.
2. All replacement art must equal or exceed the value of the original artwork and must not be less than the original public art assessment requirement. If the artwork is to be replaced, the Art Commission shall review the proposed artwork and shall recommend to the city council whether to approve, deny, or approve with conditions the selection of the artwork in accordance with the arts and culture implementation guidelines.
Created: 2025-02-28 13:15:03 [EST]
(Supp. No. 57)
Sec. ___________. Enforcement.
1. Certificate of Occupancy. Unless an alternative deadline is established in a development order, or a time extension is granted by the planning director, no certificate of occupancy for a project subject to the public art assessment pursuant to section ______ will be issued until the artwork is installed and/or the full art assessment has been paid to the city.
2. Other remedies. The provisions of this chapter may also be enforced through any remedy available to the city in law or in equity. Violations may also be enforced through the code enforcement provisions of this code; or the city may institute a civil action in a court of competent jurisdiction to seek injunctive or other relief to enforce compliance with the terms of this chapter or any rule or regulation promulgated under this chapter, to enjoin and prohibit said violation or to compel the performance of actions which will result in compliance with this chapter. These remedies are cumulative, and the use of any appropriate remedy does not constitute an election of remedies by the city. The use of one remedy does not preclude the use of any others.
Created: 2025-02-28 13:15:03 [EST]
(Supp. No. 57)
Milpitas, California
PUBLIC ART PROGRAM POLICY
EFFECTIVE [ ]
Introduction 1
Definitions 1
Roles and Responsibilities 5
Milpitas Mayor & City Council 6
Arts Commission 6
Public Art Administrator 6
City Manager and City Staff 7
Collection Management 8
Donations 8
Donation Requirements 8
Donation Conditions 9
Donation Proposal Procedures and Review Process 9
Ownership 9
Criteria for Evaluation 9
Acceptance and Accession of the Artwork 10
Removal, Relocation, or Deaccession of Donated Artwork 11 Art on Loan or Temporary Display on City-owned Property 11 Collection Maintenance 13
Maintenance Guidelines for Acquiring New Works 13
Deaccession 14
Removal from Public Display 14
Provision for Emergency Removal 15
Criteria for Deaccession 15
Deaccession Application Process 16
Deaccession Application Review Process 16
Collection Management Best Practices 18
Public Art Program Update 19
Use of Funds 20
Uses for Funds 21
Uses for Funds in Mural Projects 21
Public Art Acquisition 22
Goals of the Selection Process 22
Purchasing Procedures 22
Artist Selection Methods for Acquiring Existing Artwork 22 Artist Selection Methods for Commissioning New Artwork 23 Artist Services Procurement 24
A
rtistSelectionProcessforArtworkAcquisition.24
ArtistSelectionProcessandResponsibilities24
ArtistSelectionCommittee25
ProjectImplementationProcessforSite-SpecificArtwork.25
MuralProgramPolicy28
Introduction
The City of Milpitas has adopted Ordinance 271.1, adding the public art policy to the City of Milpitas Municipal Code (Title V, Chapter 20). This Policy includes the following sections: Roles & Responsibilities; Collection Management; Public Art Program Update; Use of Funds; Public Art Acquisition; and Mural Program Policy. Collectively the Policy administers the Public Art Plan and regulates Public Art pursuant to Title V, Chapter 20.
This policy establishes guidelines to ensure a consistent decision-making process related to the acceptance, placement, display, and long-term maintenance of public art funded in-full or in-part by the City, and/or public installed on City-owned property. The following elements have been considered in developing a public art policy for the City:
A. Develop a dynamic, high-quality collection of public artworks for the City and its residents
B. Involve artists of diverse backgrounds, representative of the City’s diverse population C. Provide opportunities for local artists to advance their art practice through temporary and permanent public artwork opportunities
D. Enhance economic development and encourage cultural tourism E. Foster an understanding of public art and encourage public dialogue F. Enhance the aesthetic appeal of Milpitas
Definitions
For these policies, the following terms, phrases, words, and their derivation shall have the meaning given herein:
Accession, when used herein, shall mean a procedure for the acceptance of artwork into the Public Art Collection.
Artist, when used herein, shall mean an individual generally recognized by critics and peers as a professional practitioner of the visual, performing, or literary arts, as judged by the quality of that professional practitioner’s body of work, educational background, experience, public performances, past public commissions, sale of works, exhibition record, publications, and/or production of artwork. The members of the architectural, engineering, design or landscaping firms retained for the design and construction of a development project covered by these policies shall not be considered artists for the purposes of these policies.
Arts Commission, or Commission, when used herein, shall mean the City Council-appointed Commission that advises Council on matters pertaining to the arts in Milpitas, as well as serve as the advisory body for the Public Art Program. The Arts Commission was established by Ordinance 271.1 and is pursuant to MMC V-20-410 and the Arts Commission Bylaws.
City, when used herein, shall mean the City of Milpitas, California.
Creative amenity, when used herein, shall mean non-standardized enhancements made to public places. Community art projects may be categorized as “Creative Amenities,” but not as “Artworks.” These projects are not subject to the Milpitas Public Art Policy.
Commissioned Public Art, when used herein, shall mean artwork whose existence or creation was requested and/or funded by the Milpitas Public Art Program. Such art may be permanent or temporary. Commissioned Public Art may be solicited by the City (such as through a Request for Proposals or Call for Artists) as part of a Council-approved public art program or project or planned as part of another City project (such as a development) and is paid for in whole or in part by City funds or City-obtained grant funding.
Community Art, when used herein, shall mean creative projects that are collaborative, place-based initiatives wherein community members participate in the project’s creation. These projects are not subject to the Milpitas Public Art Policy.
Deaccession, when used herein, shall mean a procedure for the withdrawal of artwork from the collection and the determination of its future disposition.
Donation or Gift, when used herein, shall mean a contribution, from an external source to the City with or without any restriction from the donor, of any of the following: monetary (cash) contribution; endowment; personal property; real property; financial securities; equipment; in-kind goods or services; or any other asset the City accepts and for which the donor has received no goods or services in return, other than private acknowledgement of the donation or gift, if desired by the donor, notation of the gift on a City maintained record, which shall not be publicized but which is a public record, and the placement of a small plaque on the donated item, if desired by the donor. The terms "donations" and "gift" shall be synonymous in the context of this policy.
Donor, when used herein, shall mean the person or legal entity that proposes or provides a donation to the City.
Historic or civic objects, when used herein, shall mean an object that is historically or civically significant.
Lender, when used herein, shall mean an individual, group, organization, or other legal entity that proposes or provides a loan of artwork to the City Life Spans
● Temporary: less than one year and/or is meant to naturally deteriorate ● Short term: 1-10 years
● Medium term 10-25 years
● Long term 25+ years
Loaned Public Art, when used herein, shall mean public art that is loaned to the City by a third party for display on public property for an agreed upon life span.
Local Artist, when used herein, shall mean an Artist having primary residence with the City of Milpitas
Mural, when used herein, means a singular work of Public Art hand-painted, hand-tiled, or digitally printed (with property owner approval) on a building, structure, fence, or other object within public view. Its primary intent is to be artistic in nature, rather than purely information, creative signage and commercial signage. The work shall not contain text, graphics, or symbols which specifically advertise or promote a business, product, or service; and shall not promote a specific political party or candidate.
Public artwork or Public Art means works of art that are meant to be enduring original artworks located on, affixed or applied to City property. They shall be of the highest quality and craftsmanship.
● Public Art shall be permanently sited and an integral part of the landscaping and/or architecture of a building considering the historical, geographical and social/cultural context of the site.
● Public Art shall be constructed to a scale that is proportional to the scale of the building or property it relates to or is sited upon.
● Public artwork shall be displayed in a manner that will enhance enjoyment by the general public.
Public artwork may include
● sculpture, furnishings or fixtures, including but not limited to gates, walls, railings, streetlights or seating.
● water elements or features, environmental art consisting of landforms and artistic landscape composition, or artwork created from natural (non-man made) materials, and walkways if created by an Artist or design team that is led by an Artist. ● murals, photography and original works of graphic art, neon, glass, mosaics, or any combination of forms of media, furnishings or fixtures permanently affixed to a building or its grounds, or a combination thereof, and may include architectural features of buildings, if created by an Artist or design team that is led by an Artist. ● Functional art, such as street furniture
Public artwork does not include the following:
● reproductions by mechanical or other means of original works of art, except for limited editions, controlled by the artist, of original prints, cast sculptures, photographs or other works of art
● Art objects that are mass-produced of standard design such as playground equipment, benches or fountains;
● Decorative or functional elements or architectural details of a building designed solely by the building architect, unless such decorative and functional elements or architectural details are artist commissioned, t;
● Landscape architecture and landscape gardening that are designed by a Landscape Architect or Designer. Directional or wayfinding elements such as super graphics, signage, or color coding, except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions. except where sculptural pieces are used to define gateways in Milpitas
● exhibitions and educational programs related to the work; ● and art that displays slogans, logos, mascots or commercial advertising ● Historical markers except where these are designed by an artist or affixed to and an integral part of an artwork.
The definition for Public Artwork is pursuant to MMC V-20-310.
Public Art Administrator or Administrator, when used herein, shall mean the Public Art Program administrator as determined by the City of Milpitas.
Public Art Collection or Collection, when used herein, shall mean art objects owned by the City of Milpitas, California, its agencies and authorities. Permanent Public Art must be located in a public place with public visibility, accessibility, and impact and shall have a permanence comparable to associated capital projects.
Public Art Fund, when used herein, shall mean the fund established by MMC V-20-610 and used to further the intent and purpose of public art activities in Milpitas and in the administration of the Public Art Policy. Monies in the Public Art Fund shall be used exclusively to (1) provide sites for works of art, (2) acquire and install works of art, (3) maintain works of art, or (4) fund other administrative costs associated with the Public Art Program. The Art Commission shall recommend utilization of monies in the Public Art Fund to the City Council. (Milpitas Municipal Code, Title XI, Chapter 10, Section 14)
Public Art Policy or Policy, when used herein, shall mean the policies recommended by the City Manager and approved by the City Council for the administration of the Public Art Plan.
Public Art Program, when used herein, shall mean the Public Art Program of the City of Milpitas, California. The Public Art Program intends to promote private and public programs to further the development and public awareness of, and interest in, the visual arts and fine crafts and encourage the integration of art into the architecture of municipal structures and commercial development projects in the City.
Public Art Program Master Plan or Plan, when used herein, is the plan developed by The City of Milpitas with input from the public and upon the review, advice and recommendation of the Arts Commission. The Public Art Program Master Plan shall establish and guide the development and implementation of a Milpitas Public Art Policy. The Public Art Program Master Plan shall:
● Survey opportunities throughout the City for suitable sites and areas for the placement of Public Art;
● Provide advice as to the potential priority for Public Art installations; ● Advise as to potential Public Artwork aesthetic themes; ● Advise as to the appropriate cataloging and maintenance of Public Artwork.
The Arts Commission shall recommend to the City Council the adoption of program guidelines, policies and procedures to ensure consistent administration of the Public Art Program.
Public Art Selection Committee means a small group of residents, stakeholders and Public Art Commissioner chosen to review and recommend artwork for a specific project.
Public place, when used herein, shall mean any area or property (public or private) which is accessible or visible to the general public a minimum of 8 hours per business day.
Publicly-owned land, when used herein, shall mean any land open to the public and managed by the City of Milpitas, California.
Public Art Program Update, when used herein, shall mean an annual document that outlines projects that are in-progress and will be initiated in coming fiscal years.
Purchased Public Art, when used herein, shall mean artwork that existed prior to its purchase by the Milpitas Public Art Program. Purchased Public Art is either solicited by the City (such as through a Request for Proposals or Call for Artists) as part of a Council-approved public art program or project or planned as part of another City project (such as a development) and is paid for in whole or in part by City funds or City-obtained grant funding.
Relocation, when used herein, shall mean a procedure for the movement of an artwork from one location to another.
Roles and Responsibilities
The Department of Recreation and Community Services shall administer the City of Milpitas’s Public Art Program, and may require partnership among several City Departments. Day-to-day responsibilities for the program will ultimately reside with the Public Art Administrator, and are outlined below in the Public Art Policy. The Public Art Administrator may be a City staff member or an outside consultant, and has an oversight role for all of the public art projects executed within the City. The Public Art Administrator will collaborate with City staff or outside contractors to execute projects
Milpitas Mayor & City Council
As the community’s elected officials, the Mayor and Council members are ultimately responsible for the outcomes of the Public Art Program. In some cases, the Mayor and Council members serve as the final approving authority for artwork acquisitions, donations, and other activities of the Arts Commission.
Arts Commission
The Milpitas Arts Commission is pursuant to MMC V-20-410 and the Arts Commission Bylaws.
This Commission advises on matters pertaining to the City of Milpitas’s Public Art Collection, wherein the City is funding the creation or acquisition of new artwork in public places, as defined above. The Arts Commission serves as a recommending body to the City Council. General responsibilities include:
● Promote the City’s public art to residents and visitors. ● Propose public art projects for the City to consider. ● Recommend sites for public art projects.
● Review and make recommendations on City-commissioned or purchased artwork, donations, or loan submissions.
● Review and make recommendations for artwork relocation or removal. ● Provide input on public art policies and procedures.
● With guidance from the Public Art Administrator, develop an annual Public Art Program Update, in consultation with the Mayor, City staff, and/or consultants that outlines what projects will be initiated in the coming fiscal year. ● Support duties and activities pertaining to the Milpitas Mural Policy ● Provide a member to serve on Public Art Selection Committees.
Public Art Administrator
The Public Art Administrator serves as a central point of contact and plays a key role in the administration of the City's Public Art Program, and will be overseen by the Recreation and Community Services Department. These duties may be assigned to a staff or consultant who will collaborate with various City departments to ensure the processes outlined in the Public Art Policy are carried out efficiently and appropriately. Their responsibilities encompass various aspects of public art processes, including planning, budget oversight, collaboration, artist selection, project management, and art acquisition, and outreach. Additional staff resources or outside consultants may be required to assist in implementing projects, particularly those of a larger scale. Responsibilities shall include, but are not limited to:
1. Work with various departments to develop potential projects for inclusion in the Public Art Program Update.
2. Coordinate with other City planning efforts.
3. Present the Public Art Program Update as part of the City’s regular budget process to the City Council.
4. Coordinate and manage the Commission and its quarterly meetings
5. Coordinate with Commission to ascertain advice on any matter pertaining to public art, including:
a. preparing and presenting the Public Art Program Update to City Council; b. artist selection juries and process;
c. purchase of artworks;
d. commission and placement of artworks; and
e. public art programming;
6. Maintain a current written record of all works of art included in the Public Art Collection.
7. Ensure various City departments are following the City’s Public Art Policy.
8. Assist with periodically surveying public art to determine if works require maintenance or other attention. Oversee trained art conservators for ongoing artwork maintenance as needed.
City Manager and City Staff
City staff members should look for opportunities to include public art in capital improvement projects (CIP) throughout the City, particularly in locations identified as priorities in this plan.
Pursuant to MMC V-20-610.a.3, the City Manager shall annually notify the Arts Commission of which projects are eligible construction projects within the approved categories for the 1.5% formula application, as well as expenditures for the prior year subject to the 1.5% funding.
Collection Management
The City of Milpitas acquires artworks by purchase, commission, and donation. Processes for these acquisitions are dictated by the Acquisition and Donation sections found in this section.
Artwork acquired through these processes are considered to have been accessioned into the City’s Public Art Collection. They must be cared for in accordance with the policies and Procedure for Maintenance and the Collection Management policies. Artwork in the City’s possession that were acquired outside of or before these policies may not be accessioned pieces of the Public Art Collection and thus may not be subject to the Collection Management policies. The Collection Management policies are intended to maintain the value of the City’s Public Art Collection and guard against the arbitrary disposal of any of its pieces.
Objectives
● Maintain a collection management program that results in a high-quality, City-owned Collection;
● Eliminate artwork that is unsafe, not repairable, or no longer meets the needs of the City of Milpitas;
● Care for loaned artworks with the same standards and policies extended to the City’s Public Art Collection;
● Respect the creative rights of artists; and
● Support an efficient workload for staff.
Donations
Requests to donate artwork to the City may be considered on a case-by-case basis. Pursuant to the City of Milpitas Donation Policy, the City Manager must pre-approve any publicized request(s) for donation, where the Arts Commission has established in advance, and publicized, a need, project, or location in which an art donation may be included. Requests for consideration shall be made to the Public Art Administrator and are ultimately approved by the City Council. The City has no obligation to accept a proposed Donation.
Donation Requirements
The City will consider donations on the following basis:
● The donation contributes to and enhances the City’s Collection; ● The donation meets a high standard of quality and is appropriate and meaningful to the community;
● The donation follows required City procedures, including the submission of a Donation Proposal and a Maintenance Plan. Donation Proposal requirements are included in these policies. The requirements for the Maintenance Plan can be found in Procedure for Maintenance policies below;
● The donation proposal includes a plan to fund and deliver ongoing operations and maintenance – or the resolution accepting the public art must identify how maintenance will be funded; and
● The donation proposal is reviewed and endorsed by the Commission and approved by the City of Milpitas.
● The Public Art donation policy is pursuant to the City of Milpitas donation policy.
Donation Conditions
The City will not accept a donation of artwork until all funds for development, fabrication, siting, and installation have been secured. The City will consider the following types of donation proposals for artworks for City-owned property:
● An already completed artwork; or
● A commissioned artwork by a specific artist or artists to be created especially for City-owned property.
Donation Proposal Procedures and Review Process
Formal requests to donate artwork to the City of Milpitas are made to the Public Art Administrator.
1. The donor shall complete an Art Donation Agreement Application (donor form) and submit the form to the Public Art Administrator.
2. Following a positive initial review by the Public Art Administrator, the City will contact the Arts Commission, which will evaluate the donation request to determine the appropriateness of the donation as measured by approval criteria and provide a written recommendation to the City Council.
3. The City will then determine whether the donation is in the City’s best interest and is consistent with the City’s goals and applicable City laws, policies, Ordinances, and Resolutions.
4. The City will notify the donor in writing, identifying final conditions if approval is granted.
Criteria for Evaluation of Artwork Donation Proposals
The Arts Commission shall review Artwork Donation Proposals using the following criteria:
1. City-owned Property – Donated public artwork must be suitable for public display on City-owned or City-managed property;
2. Relevance and Site Context – Works of art must be appropriate for the proposed location and its surroundings and/or complement the architecture, topography, history, and social dynamic of the location in which it is placed;
3. Artist and Artwork Quality – The artist demonstrates the ability and potential to execute the proposed artwork based on previous artistic achievement and experience.
Duplication of work will also be considered. The artwork must enhance the City’s Collection;
4. Physical Durability – The artwork will be assessed for long term durability against theft, vandalism, and weather;
5. Public Safety and Liability – The artwork will be assessed for any public safety concerns, as well as for any potential liabilities for the City;
6. Sustainability – Consideration will be given to the environmental impact and sustainability of the proposed artwork, including its operations and maintenance requirements/costs; and
7. Legal – Proposed terms of donation, legal title, copyright authenticity, artist's right to reproduce, liability, and other issues as deemed appropriate will be considered.
8. Originality - Works of art should be an original design unless it is decided that the work will enhance and complement the character of the surrounding area.
9. Compliance with Sign Code - Proposed artwork should feature no copy, lettering, symbols, or any references directly promoting any product, business, or service unless such images are discreet and do not detract from the artwork. Sponsor and artist names may be incorporated in murals but should be discreet and not exceed 5% of the design.
10. Supporting Costs - The City's preference is for donors and lenders to provide financial support for public art projects. Donations and loans are an important tool for growing the public arts in Milpitas and they foster civic pride by providing people and businesses the opportunity to shape the public environment. Projects should identify funding sources. All requests for use of City funds for production, siting, installation or ongoing operations and maintenance of the work must be approved by City Council.
11. Equal Opportunity: Every effort shall be made to support the cultural diversity of the community and the artists in the City’s Public Art Collection.
12. Installation and Maintenance - Any applicant for public art should present a reasonable plan to install and remove (or preserve) the work. The maintenance plan agreed upon between the artist, business owner, and/or property owner should adequately make arrangements to preserve and, if necessary, restore the quality of work during its exhibition. Elements of a thorough maintenance plan would include:
a. Lifespan of artwork and prognosis of durability in consideration of that lifespan. b. Routine cleaning protocols, methods, cleaning agents, and frequency. c. Itemization of long-range considerations and care, highlighting maintenance and the anticipated need for periodic conservation treatment or repairs. d. Specifications of materials used in fabrication.
e. Guarantee against failures of workmanship over an agreed upon period of time. f. Assignment of manufacturers or fabricators warranties to the owner of the artwork.
Acceptance and Accession of the Artwork
City staff should refer to City of Milpitas Donation Policy, prior to finalizing the accession process, as proposed donations may require approval by a Department Head, the City Manager, or City Council acceptance. If the proposal is accepted by the City of Milpitas, a formal agreement will be negotiated outlining the responsibilities of each party (the City, the donor(s), the artist, and outside contractors, where applicable).
The agreement will address project funding, insurance, siting, installation, operations and maintenance, project supervision, vandalism, the right of removal or transfer, public safety, and other issues as necessary.
The City of Milpitas will be the owner of the artwork and reserves the right to remove or alter the work to ensure public safety or because of any other City concerns. The City upholds copyright law and the Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)) and the California
Art Preservation Act (Cal. Civil Code §§ 987 and 989). Any changes will be made in consultation with the artist and donor(s) when possible, or notification will be provided.
The completed and installed artwork will be accessioned and added to the City’s inventory list and master database with all accompanying documentation. The Acknowledgement of the Donation will be based on the appraised value of the artwork and pursuant to the City of Milpitas Donation Policy, section 4.2.
Removal, Relocation, or Deaccession of Donated Artwork
Once the City accepts a gift, the City shall be the sole owner of the donated item and will have the right, in its sole and absolute discretion, to deaccession any donated item without providing notice to or obtaining the donor’s consent. In accepting a donation of artwork, the City of Milpitas will not be bound by any agreement with the donor that restricts the City’s ability to act in the best interest of the City of Milpitas. Nothing in the acceptance of a donation of artwork shall prevent the City from approving subsequent removal, relocation, or deaccessioning of such donations if it serves the City’s best interest to do so. The City will deaccession and dispose of works of art in its Collection in accordance with the Collection Management policies.
Art on Loan or Temporary Display on City-owned Property Art on loan, or art on temporary display on City-owned property, must meet the Donation Requirements above, follow the Donation Proposal Procedures 1-11 above, and be reviewed through the Donation Proposal Review Process. Art on loan or art on temporary display on City-owned property must not be accessioned or added to the City’s inventory list and master database. The City shall determine whether an expenditure of City funds, either a direct outlay of City funds or the use of City sources and materials, is associated with or required by acceptance of the loan prior to acceptance. The City may accept loaned public art from organizations and residents outside of the City.
All incoming loans should be documented and monitored in accordance with the same detailed procedures the government objects in Milpitas’s Public Art Collection. Loans must be documented by written loan agreements between the lender and the City, which should be signed by the lender prior to delivery and/or installation of the work to the City.
Upon City approval of a loaned artwork, the lender must sign an Art Loan Agreement with the City. The agreement should include:
● Term of Loans
○ Loan agreements shall be for a minimum of six months and a maximum of two years, with a provision for up to one year extension with written approval from the lender and the City. When determining the duration of a loan and its duration for display, Lenders and the City should consider an object’s material conditions, display location, and display context.
○ At the end of the term of loan, the lender will be granted up to six additional weeks for the removal of the artwork from the site on which it resides. ● Costs
○ The lender will be responsible for all costs associated with the loaned artwork, including but not limited to costs of transportation, installation, maintenance, removal, and repair (if needed).
○ The City will provide site maintenance as well as assistance with installation and removal, under the supervision of the lender or lender’s representative.
The City shall not be held responsible for any damage to the artwork while it is on loan.
● Installation Requirements
● Insurance
○ The City will not assume responsibility for damage or theft of artwork that is on display in accordance with this policy.
○ The lender will acknowledge that a risk of damage, loss, vandalism, or theft is inherent in a public display.
○ The lender must furnish satisfactory evidence of liability insurance by submitting a Certificate of Insurance, Additional Insured Endorsement listing the City, and Waiver of Subrogation. With approval from City Administration, the liability insurance requirement can be waived if the lender signed an Art Loan Release of Liability form.
● Maintenance Terms
○ Any requirements for routine inspections, and procedures for documenting and reporting any damage
○ The Loaned Public Art and surrounding site shall be kept in a clean and orderly condition and in accordance with Collection Management policies and the terms and conditions of the agreement, if one exists, between the lender and the City.
○ The lender or his or her designated representative will be utilized to make recommendations regarding the care and maintenance of the work of art when deemed appropriate by the City. A visual arts specialist or art conservator should be consulted if the artist or designated representative is not available to advise on the necessary care requirements. ○ The Recreation and Community Services Department shall be responsible for carrying out the lender’s advice on such care requirements and for determining such requirements when the artist/donor is unavailable. ○ Prior to accepting the Loaned Public Art, the lender will provide the City with a condition inspection report to be confirmed by the City. ○ Vandalism or other damage to the Loaned Public Art shall be reported to the Milpitas Police Department and/or the Recreation and Community Services Department.
○ The lender shall pay the cost of maintaining the Loaned Public Art, unless otherwise provided in the written agreement between the lender and the City. ● Removal
○ Lenders are required to remove Loaned Public Art by the agreed termination date. The City does not accept responsibility for Loaned Public Art not removed within the designated time frame. Any piece of art that is not removed by the deadline shall be treated as abandoned property ○ Loaned Public Art may be removed from City property in accordance with the Deaccession section of this policy.
Collection Maintenance
The City of Milpitas will administer the maintenance of the City’s Collection with advice from the Public Art Administrator and other outside partners through regular evaluation and planning for the care of the existing Collection. This section addresses:
● Accessioning and inventorying the City’s Collection of public art; ● Conducting a biennial Survey and Condition Assessments of all work in the Collection; ● Preparing a biennial Public Art Maintenance Plan; and ● Overseeing routine maintenance and special conservation treatment of the City’s Collection.
Every five years, the City of Milpitas will assess the condition of all public art with a qualified professional conservator and develop a prioritized list of works in need of conservation or maintenance. This list will be the basis of the Public Art Maintenance Plan. All artwork maintenance, specialized repair, routine care, and/or preventative treatments will be funded by the Public Art Fund.
Maintenance Guidelines for Acquiring New Works
Maintenance Plan
As described in the Acquisition policy, all acquired artworks must have a maintenance plan developed. The Maintenance Plan will be used to:
● Advise the Commission, appropriate City staff, and others who must review and approve design proposals or accept or decline donated artwork; ● Troubleshoot the production of construction drawings, the fabrication of the artwork, and the preparation of the site;
● Follow-up on the artist’s recommendations; and
● Refer to during the post-fabrication/installation inspection to prepare a final report and a punch-list to complete the project.
The City of Milpitas, professional conservators, and artists will strive to address the recommendations in the Maintenance Plan without unduly interfering with the aesthetic intent of the proposed public art.
Post Fabrication/Installation Inspection for Commissioned Artworks.
The Post-Fabrication/Installation Inspection conducted by City staff will be based upon and follow-up on the Maintenance Plan that was developed during the design phase. It will include the following:
● Ensure that recommendations made in the Maintenance Plan and during fabrication were followed;
● Confirm that the artwork is executed as proposed and agreed upon; ● Confirm that there are no missing or incomplete elements; ● Establish that materials quality and stability are acceptable; ● Establish that fabrication quality and stability are acceptable; ● Confirm that installation is stable and secure;
● Confirm that stainless steel is fully and properly “passivated”; ● Confirm that, if required, protective coatings have been applied; ● Ensure that warranties for electronic and other media are submitted as necessary;
● Identify any remaining vulnerabilities;
● Confirm no new damage resulting from installation process; ● Ensure that the maintenance and operations plan is accurate; amend as needed; and
● Confirm that the plaque/public notice meets program policies and is properly installed.
Deaccession
Removal from Public Display
Requests to deaccession artwork to the City may be considered on a case-by-case basis.
Requests for consideration shall be made through the Public Art Administrator to the Commission, based on the deaccession criteria below. The Director of the Recreation and Community Services Department shall have the discretion to determine whether a relocation of art is deemed significant or non-significant based on City policy and legal requirements and subject to the approval of the City Manager or their designee.
If the artwork is removed from public display, and the removal is not an emergency removal, then the City of Milpitas may consider the following options for deaccession:
● Relocation: If the Commission recommends that an artwork must be removed from its original site, and if its condition is such that it can be re-installed, the Commission will attempt to identify another appropriate site. If the artwork was designed for a specific site, the Commission will attempt to relocate the work to a new site consistent with the artist’s intention. If possible, the artist’s assistance will be requested to help make this determination. The City may, as necessary or appropriate, transfer City-owned public art from one public site to another, transfer public art to storage, or make a temporary loan of public art to another agency or organization.
● Store artwork until a new site has been identified or the City decides to deaccession the artwork.
● Sell or trade the artwork after deaccession.
If an artwork’s Agreement specifies terms of deaccession, then the City shall dispose of the work accordingly. Once deaccessioned from the City’s collection, a work may not be installed on City property.
Provision for Emergency Removal
In the event that the structural integrity or condition of an artwork is such that the artwork presents an imminent threat to public safety, the City Manager may authorize immediate removal without the artist’s consent, and have the artwork placed in temporary storage. If the Artist’s agreement with the City has not been waived under the Visual Artists Rights Act of 1990 (17 U.S.C. §§106A and 113(d)) and the California Art Preservation Act (Cal. Civil Code §§ 987 and 989), then the City must notify the artist of this action within 30 days. The City will then consider options for repair, reinstallation, maintenance provisions or deaccessioning. The City is not obligated to repair, reinstall, and/or replace temporary artworks (including but not limited to utility box wraps, murals, etc.) that have been removed either as a result of the Provision for Emergency Removal, or due to inadvertent damage or destruction.
In the event that the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s agreement with the City has not been waived under the Visual Artists Rights Act of 1990 (17 U.S.C §§106A and 113(d)) and the California Art Preservation Act (Cal. Civil Code §§ 987 and 989), the City must attempt to gain written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the City shall proceed according to the advice of the City Attorney.
Criteria for Deaccession
The following may be grounds for the City to deaccession public art from City-owned or controlled property, for one or more of the following reasons:
1. An artwork is not, or is only rarely, on display because of lack of a suitable site.
2. The condition or security of the artwork cannot be reasonably guaranteed.
3. The artwork has been damaged or has deteriorated and repair is impractical or unfeasible.
4. The physical structure of the artwork endangers public safety.
5. The public art was stolen from its location and cannot be retrieved.
6. In the case of site specific artwork, the artwork’s integrity or relationship to the site is altered because of significant changes in the use, character, or design of the site
7. The artwork has been determined to be incompatible within the context of the collection.
8. The City of Milpitas wishes to replace the artwork with work of more significance by the same artist.
9. Maintenance costs are higher than anticipated
10. Faults of design or workmanship make repair or remedy impractical or unfeasible.
11. The City of Milpitas has approved necessary site alterations
12. Written request from the artist or donor.
13. Significant, adverse public reaction has continued unabated over an extended period of time.
14. Over time, the public has widely publicly associated the artwork with racism, sexism, homophobia, xenophobia, acts of assault or violence, or other offensive themes.
15. The City Council has determined that it is in the best interest of the City to remove the public art.
Deaccession Application Process
Preliminary Request
Permanent artworks must be in place for at least five years before deaccession or relocation requests will be considered unless matters of public safety or emergency removal provisions necessitate the removal. Deaccession or relocation requests may be submitted by the public.
Deaccession and Removal Form
Applicants will be required to submit a written request to the Public Art Administrator City staff, or the appropriate for consideration of deaccession or removal of artwork.
Deaccession Application Review Process
In consultation with the Commission, the Public Art Administrator will review requests and decide on either engaging in the process for deaccession review, or work with the City Staff and the Commission to determine appropriate relocation.
Public Meeting
The City may hold a public meeting to gather community feedback on a proposed deaccession or removal, unless the removal is an emergency. The City may also decide to hold additional public meetings or gather community input through other methods. The City may seek additional information regarding the work from the artists, galleries, curators, appraisers, or other professionals before making a recommendation.
Artist Involvement
If deaccession or removal is recommended, the artist (if available) will be contacted and invited to provide input to the City. The artist’s contract and other agreements or pertinent documents will be reviewed and sent to the City Attorney’s Office for final approval.
Recommendation
The Public Art Administrator will prepare a report and consult with the City Attorney, as necessary. City staff’s recommendation may include dismissing the request and/or modifying, relocating, selling, donating, disposing, or storing the artwork.
The Public Art Administrator will provide all relevant correspondence including, but not limited to:
1. Artist’s Name, biographical information, samples of past artwork, and resume.
2. A written description and images of the Artwork.
3. Artist’s Statement about the Artwork named in Deaccession or Relocation Request (if possible)
4. A description of the selection process and all related costs that was implemented at the time the Artwork was selected.
5. A formal appraisal of the Artwork (if possible)
6. Information regarding the origin, history, and past ownership of the Artwork
7. Information about the condition of the Artwork and the estimated cost of its conservation.
8. Information and images of the Artwork’s site
9. Any information gained from the public meeting held about the deaccession and removal of the work.
10. Feedback from the Recreation and Community Services Department responsible for operating and maintaining the Artwork.
11. Detailed budget for all aspects of conservation, maintenance, repair, installation, operation, insurance, storage, and City Staff support.
12. The Artist’s contract with the City.
City staff can recommend one or more of the following methods for an artwork’s deaccession:
1. Sale or Exchange - sale shall comply with the State of California and City of Milpitas laws and policies governing the sale of municipal property. a. Artist, or estate of the artist, will be given the first option to purchase or exchange the artwork(s).
b. Sale may be through auction, gallery resale, direct bidding by individuals, or other forms of sale in compliance with the California of California and City of Milpitas law and policies governing surplus property.
c. Exchange may be through an artist, gallery, museum or other institution for one or more artwork(s) of comparable value by the same artist. d. No works of art shall be traded or given to Commission members or City of Milpitas staff.
e. Proceeds from the sale of artwork shall be placed in the Public Art Fund. Any pre-existing contractual agreements between the artist and the City regarding resale shall be honored. An exception to these provisions may be required if the artwork was originally purchased with funds that carried with them some restriction, for example, bond funds for street and sidewalk improvements, in which case the proceeds shall be placed in an account designated for art allowed under similar restriction(s).
2. Destruction of Artwork – if artwork is deteriorated or damaged beyond repair or deemed of negligible value.
3. If the City of Milpitas is unable to dispose of the artwork in the manner outlined above, the Public Art Administrator may recommend the donation of the artwork to a non-profit organization or another method.
Costs