COUNCIL POLICY MANUAL
6.4.4 – Page 1
Policy 6.4.4 Art i n Public Places
POLICY PURPOSE
The pu
rpose of this po licy is to ensure un iform guidelines and pro cedures for the inclusion o f publicly accessible art on public properties, and t o establish uniformity between the requirement for art in munici pal con struction p rojects with the requirement for art in p rivate development projects. Additiona lly, this poli cy w ill al so provide unif orm p rocedures and guide lines f or th e permanent removal or deaccession of a city-owned public art piece.
POLICY STATEMENT
In 2002, the C ity Council reviewed the stat us, intent and effec tiveness of pub lic art poli cy in Sunnyvale and approved a po licy to r equire art i n pub lic construction projects und er ce rtain circumstances.
In 2012, the Council agai n reviewed the e ffectiveness of existing public art poli cy and voted to amend the current policies to include a deaccessioning policy for the City’s Permanent Ar t Collection, as well as to fu rther define project eligibility for subsidies from the Ctiy’s Public Art Fund.
DEFINITIONS
1. A rt: The
consci ous use of sk ill and crea tive imagination in the pr oduction of a esthetic objects.
2. Public Art: A rtwork that is publicly accessible and that allows an unobstructed view of the artwork. The artwork can be located on either public properties or private properties.
3. Public Areas: Any public gathering place including, but not limited to; public pl azas, the library, parks and par k buildings, police and fire stations, community, neighborhood and seni or c ent
ers, public transportation centers, and civic centers.
4. Publicly Funded Projects: All construction funded by public or taxpayer funds.
5. Public Art Fund: A fund established to create community art projects or to purch ase artw or k for ins
tallation on the interior or exterior of public buildings, or other such public property, such as p arks, th e grounds of publi c facilities, or communit y gateways. T he Public Art Fund is administered by the Department of Library and Community Se rvices and receives funding through in-lieu fees for art. Public Art Funds may be used to support eligible projects:
A. Cr eate community art projects for installation on public property.
B. Install public art on pub lic property such as parks or the grounds of publi c facilities such as the Community Center and Civic Center.
C. Install public art in the inte rior of public buildings that are d eemed to be ar eas of concentrated public ac tivity such as the lobbies and public areas of the Library , City Hall buildings and Community Center buildings.
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D. Install public art at City gateways and focal points or other high profile locations identified in the Master Plan for Public Art.
E. Install temporary or rotating art ex hibits on public property.
F. Subsidize pub lic art projects r equired through municipal construc tion proj ects and located on public property.
6. Proje ct Valuation: The City’s building permit valuation formula as set forth in T itle 16 of the Municipal Code will be used as the basis for calculating the required expenditure for public art. The formula i s based on t he building standards published by the International Conference of Building O fficials. In the case of park and open space projects, the on e percent (1%) r equirement will be calculated based on the total project budget, excludi ng administrative costs.
7. Requir ed Expenditure Valuation: When determining whether or not the 1% requir ed expenditure has been met, the following costs can be included:
A. T he purchase price of the artwork
B. Art consu ltant fees
C. Trav el costs for the artist
D. Transportati on of the artwork to the site
E. Insta llation of the artwork
F. S ite preparation costs directly associated with installation of the artwork G. Landsc aping that is integral to the artwork
H. Pedestals or display costs
I. Lighting for the artwor k and utility fees associated with installation and/or operation of the artwork
J. Ide ntification plaque
I
neligible costs include:
A. Land ac quisition
B. S ite preparation
C. Ar chitect fees
D. Fees a ssociated w ith d edication ceremonie s, publicity, or educational components
E. Maintenance fees and repairs
8. Public Art Coll ection: The collection of artwork either donated to the City, or purchased through public funds, which is ow ned and maintained, in trust for the public, by the City of Sunnyvale.
9. Deaccession: The process to permanently remove an artwork from the City’s Public Art Coll ection.
10. Disposal: Any method used to tr ansfer ownership of the deaccessioned piece to another entity, either through sale, donation, trade or destruction.
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11. Conservation: Th e broad concept of care nec essary to maintain an artwork in good condition.
12. Pr eservation: Actions taken to prevent deterioration of damage in artworks.
13. R estoration: The treatment of deteriorat ed or damaged artwork to approximate as nearl y as possible its original (or artist-intended) form, design, color and function.
ART IN MUNICIPAL CONSTRUCTION PROJECTS
Eligible municipal construction projects are requir ed to integrate public art. The a rtwork shall be located in publicly visible areas either inside a public building or on public property. The artwork shall be valued at an amount equal to 1% of the project valuation within a variance of ten percent.
PROJECT ELIGIBILITY
Eligible Projects:
A. All aboveground publicly funded buildings or public open space proj ects within City jurisdiction with a construction valuation of $1,000,000 or more. This includes the development or renova tion of all public faciliti es, as well as; parks, street medians, City gateways, public plazas and any other locations identified in the Master Plan for Public Art developed in accordance with Council direction.
B. All construction or renovation projects of $100,000 or more in faciliti es such as:
• Sunnyv ale Community Center
• Sunnyv ale Civi c Cente r complex includi ng Libr ary and Public Safety Building
• F ire Stations
• Columbia Neighborhood C enter
• Neighborhood Park Buildings
• Water Pollution Control Plant and SMART Station
• Focal points and gateways into the community
• Any future C ity buildings that are comparable in nature
Exempt Project s: All undergr ound projects, util ity (including water) projects, s treets an d sidewalks, trees and l andscaping, uti lity relocation, seismic upgrades, mechanical and electrica l work, traffic improvements (such as traffic lights, crosswalks and traf fic calming measures), and construction due to fire or other natural calamities.
ASSIGNMENT OF RESPONSIBILITIES
The D irector of Public Works and the D irector of Librar y and Community Servi ces, or thei r designees shall be responsible for identifying municipal construction and renovation projects that meet the conditions of this policy and will be required to provide public art.
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The Director of Librar y and Community Se rvices, or his/h er designee shall be responsible fo r initiating public art proj ects th at are not r equired through municip al construction, but that hav e been designated as eligible for funding from the Public Art Fund, in ac cordance with the City’s approved Master Plan for Art.
1. Review Process for Art in Public Places:
A. Project review Committee: This committee will coordinate the public art component of an eligible municipal construc tion project, and shall consist of staff from the Departments of Public Work s, Library and Community Services, and Communit y Development, a s appropriate.
B. Location and Artwor k Review: Possible locati ons for the artwor k and the type of artwork to be consider ed for the pro ject shall be identifi ed with input fr om the Projec t Review Comm ittee, the Sunnyvale A rts Commi ssion, per tinent city s taff, interest ed citizens and proj ect ar chitects. B ased upon this inf ormation, proposals will be solicited from qualified artists.
C. Short List of Artists: The Project Review Committee will be responsible for reviewing all art pr oposals and/or qualifica tions of artist applications. A short li st of 2-5 artist s and/or pr oposals will be established by the Comm ittee. The short li st shall have a minimum of two artists and/or proposals for consideration.
2. Approval Process:
A. Report to Council (RTC): A draft RTC out lining the project and the short list of artist s will be forwarded to the Arts Commi ssion for review and recommendation prior to going to City Council for action.
B. Council Approval: Following Council approval of a specific art proposal, t he Director of Library and Community Services, or the Dir ector’s designee(s), shall be responsibl e for coordinating the inte gration of the public a rtwork into the municipal construction project.
3. In-Lieu Fee Alternative:
A. The in- lieu f ee alternativ e ava ilable to privat e developer s applies to public construction projects at the discretion of the Director of Public Works.
B. If the in-lieu option is exercised, the funds will be placed in the Public Art Fund for acquisition and installation of art on public property or in public buildings at a lat er date.
PERMANENT ART COLLECTION
Artwork approved f or pur chase or commission by the City Council shall become part of th e City’s Permanent Art Co llection. All artwork in the collection will be documented in the C ity’s Public Art Inventory and identified with a metal plaque. Oversight and maintenance of the Public Art Collection is the responsibility of the Department of Library and Community Services.
DE-ACCESSIONING PLAN
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Artworks in t he City’s Public Art Collecti on are meant to remain on public di splay. However, circumstances may deem it necessary to permanently remove works of art fr om the City’s Public Art Collection.
1. E ligible Circumstances for De-accessioning:
A. Security: The se curity or conti nued good conditi on of an artwork cannot be reasonably guaranteed in its current location. Arts staff will attempt to relocate any artwork deemed at risk for security purposes; but in the event a suitable, se cure lo cation cannot be found, the it em may be de- accessioned from the collection.
B. Public Safety: The a rtwork is a danger to the gener al public be cause it i s naturally deteriorating, or it has been altered through vanda lism, unforeseen man-made circumstances or a natural disaster.
C. Inauthenti c: The artwork is discovered to be inauthentic or fraudulent.
D. Stol en Art: The a rtwork is discovered to be stolen, and therefore, is retur ned to its legal owner.
E. Theft: The artwork is illega lly removed from its place of public display and cannot be located.
F. Damage Beyond Repa ir: The a rtwork has been severely damaged and deemed “beyond repair” by a profession al art conse rvationist, or t he artist , and it cannot be restor ed to the artist’s original intended condition for a price less than is considered prohibitive.
G. C hange in the Public Art Coll ection’s Mission: The artwork no long er meets the mission of t he Public Ar t Collection due to a form al change in the Collection’s Mission Statement.
H. Loss of Site (Site Alteration or Sale of Site): T he a rtwork can no long er reside in its o riginal location beca use the o riginal location is alter ed due t o construction, a change of site usage, or sale of the site. Arts staff will attempt to relocate the artwork to a suitable site; however, l ack of a suitable sit e, either now or in the foresee able future, or if there is not suitable storage until a site in the foreseeable future is available, could merit deaccessioning.
For site-specific artwork, or permanently-affixed artwork, deaccessioning may be warranted without any attempt to relocat e the artwork. It is d eemed that the a rtwork cannot be moved without causing irreparable damage or th e cost of relocating the artwork is considered prohibitive.
I. Temporary Acquisi tion: The artwork is inten ded to be a temporary di splay and the City’s obligation to display the artwork is complete.
J. Excessive Representation: The artwork is deemed as duplicative or excessive in representation of work of that type or of that artist.
K. A esthetic Value: The artwork has not withstood the test of time and has been professionally determined to l ack aesthetic value to justify its continued upkeep and/or storage.
L. Content: Once the Artwork has been accessioned into t he City’s Public Art Collection, it ma y not be de- accessioned solel y on the basis of content or personal preference of any staff member, commission or board member, or member of the public.
2. Assignment of De-accessioning Responsibilities:
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A. No c ity department shall remove any work of art from the site for whi ch it was selected, nor remove it from display, without prior consent of the Director of Library and Community Services, or the Director’s designees(s).
B. T he D irector of Librar y and Community Services, or the Director’ s designee(s), is responsible for determining whether or not the artwork m eets any of the above criteria for removal or de-accessioning.
C. T he D irector of Librar y and Community Services, or the Director’ s designee(s), shall be responsible for oversight of the de-accessioning process.
D. The D ire ctor of Librar y and Community Services, or the Director’s designee(s), shall make ever y e ffort to contact the a rtist of the a rtwork recommended for de- accession, or the artist’s heir s, us ing cu rrent cont act information. The artist, or the artist’s he irs, shall be given the opportun ity to purchase the a rtwork, or its part s, before the disposa l or destruc tion of t he artwork.
E. The D irector of Librar y and Communit y Services, or t he Director’ s designee(s), shall determine t he purchase price of a de-accessioned artwork, based on current market value.
F. In the event that the de-accessioned artwork is sold, the Department of Library and Community Services will deposit the pr oceeds of such sale into the Public
Art Fund of the City.
G. In the event th at the de-accessioned artwork is sold or donated, the removal of the artwork from city property shall be the responsibility of the purc haser or recipient of the donation and shall be of no cost to the City.
H. De- accessioning and di sposal of an artwork must be conduct ed publicly and formally w ith adequat e docum entation. I t must also comply w ith all applicab le local, state and feder al laws.
I. No current, or former, member of the Art Commi ssion, City Council or City staff member shall be allowed t o b id and/or purc hase a d e-accessioned artwork.
J. A permanent record of the artwork’s inclusion in the City’s Public Art Collection, and re asons for its removal, shall be maintained in a Public Art Collection database by the Department of Library and
Community Services.
3. Proce ss for De-accessioning Artwork:
A. If an artwork is subject to any of the above conditions and deemed eligible for de- accessioning, the A rts staff will p repare a r eport for revi ew a nd evaluation by the C ity’s A rts Comm ission, which w ill pre pare a form al recommendation to the City Council for action on the de-accession.
B. The Staff Report shall include:
a)
Reasons for the suggested de-accession
b) Original accession method(s) and cost of artwork
c) Estimated current market value of the artwork
d) Proposed de-accession method(s) and c ost for each propos ed method, including the sale price if applicable
e) When appropriate, photo docum entation of the site conditions and/or current condition of the artwork in question
f) O fficial Police Report (if applicable)
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(Adopted: RTC 02-136 (5/7/2002); Updat ed for a ccuracy (10/28/09); Amended: RTC 12-187 (8/14/2012); Clerical update (9/30/14); Clerical update (12/3/14))
Lead Department: Department of Library and Community Services
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