REPORT TO COUNCIL
SUBJECT
Title
Approve Budget Modification No. 1 in the Amount of $79,000 to Supplement Public Art for Plaza del Sol Phase 2
Report
BACKGROUND
Per Council Policy, Phase 2 of the Plaza del Sol project is required to incorporate public art onsite equal in value to $21,000, which is 1% of the project budget. Staff reviewed the project plans and identified potential locations and possible types of art such as artist designed shade structures, benches, sculptures, fence railings and murals (Attachment 1).
However, based on recent installations of similar projects (see table below and Attachment 2), and considering the high visibility and prominent downtown location of the project, staff does not believe $21,000 is sufficient and would not provide public art that will appear substantial or impactful within the overall project. Examples of recent public art expenditures are as follows:
|
Project (Attachment 2) |
1% Public Art Allocation |
Public Art Scope |
|
Fair Oaks Park Renovation |
$140,000 |
5 sculptures in two locations |
|
Washington Community Swim Center |
$135,000 |
2 sculptures and a mosaic wall panel |
|
Civic Center |
$508,966 |
Amphitheater Sculpture: $338,966 City Hall Interior Lobby Niches (4): $100,000 Rotating Sculpture Program (Civic Center grounds along Mathilda Avenue): $70,000 |
In November 2020, City Council adopted the Master Plan for Public Art (RTC No. 20-0865), which increased the contribution to the Public Art Acquisition Fund. This fund consists of developer in-lieu fees designated to support art acquisitions, temporary community art projects and supplemental funds for public art budgets in municipal construction.
Staff is requesting the City Council approve an appropriation of $79,000 from the Public Art Acquisition Fund to supplement the required art expenditure. This supplement will increase the public art commission for Plaza del Sol Phase 2 to $100,000, which will fund artwork that better aligns with the scope and scale of this project, as well as the objectives of the Master Plan for Public Art. The Public Art Acquisition Fund currently has a balance of $692,743.
Once supplemental funding for the public art component is approved, staff will further define the public art and establish a selection committee to begin artist selection. The Arts Commission will review and provide a recommendation, and the City Council will have final approval of the public art for this project. Review is scheduled for spring 2025.
EXISTING POLICY
Master Plan for Public Art - Guiding Principles:
• Increase the visibility of public art throughout Sunnyvale
• Establish identity and community pride through art elements
• Beautify and activate existing public spaces and create new gathering places
Council Policy 6.04.04 Art in Public Places (5F): The public art fund was established to create community art projects or to purchase artwork for installation in public facilities and on public grounds. These funds are established through developer in-lieu fees and may be used to subsidize public art projects that are required through municipal construction projects.
Master Plan for Public Art
ENVIRONMENTAL REVIEW
Approving an allocation from the Public Art Acquisition Fund does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(4) in that is a fiscal activity that does not involve any commitment to any specific project which may result in a potential significant impact on the environment. The Public Works Department completed appropriate CEQA review and determined the project was categorically exempt pursuant to Sections 15301 and 15304 of the CEQA Guidelines, as it involves minor improvements to an existing public facility, involving negligible expansion of the existing use and minor alterations to land, mostly related to new landscaping. Public art was included as a component of the project.
FISCAL IMPACT
Budget Modification No. 1 has been prepared to appropriate Public Art Acquisition funds in the amount of $79,000 to project 830510 - Plaza del Sol Phase II.
Budget Modification No. 1
FY 2024/25
|
|
Current |
Increase/ (Decrease) |
Revised |
|
Source of Funds |
|
|
|
|
Public Art Acquisition Fund |
|
|
|
|
Capital Project |
|
|
|
|
890170 - Public Art Acquisition |
$692,743 |
($79,000) |
$613,743 |
|
|
|
|
|
|
Use of Funds Capital Projects - General Assets Fund |
|
|
|
|
Capital Project |
|
|
|
|
830510 - Plaza del Sol Phase II |
$0 |
$79,000 |
$79,000 |
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
STAFF RECOMMENDATION
Recommendation
Approve Budget Modification No. 1 in the amount of $79,000 to supplement public art for Plaza del Sol Phase 2.
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $250 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
_x_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Kristin Dance, Recreation Coordinator 2
Reviewed by: Trenton Hill, Recreation Manager
Reviewed by: Damon Sparacino, Superintendent of Recreation
Reviewed by: Michelle Perera, Director, Library and Recreation Services
Reviewed by: Dennis Jaw, Interim Director of Finance
Reviewed by: Jaqui Guzmán, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Potential Art Locations
2. Recent Public Art Installations