To: Board of Supervisors
From: Internal Operations Committee
Report Title: Proposed Contra Costa County Public Art Policy
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
1. ADOPT the proposed Contra Costa County Public Art Policy. (Attachment A)
2. PROVIDE direction on the development and implementation of a Public Art Program for Contra Costa County.
FISCAL IMPACT:
There is no fiscal impact from the adoption of a Public Art Policy. However, the development of a public art program for the County would have a fiscal impact should the Board decide to allocate County funds to support program implementation activities.
BACKGROUND:
The Arts and Culture Commission of Contra Costa County (AC5) was established in 1994 to advise the Board of Supervisors in matters and issues relevant to Arts and Culture; to advance the arts in a way that promoted communication, education, appreciation and collaboration throughout Contra Costa County; to preserve, celebrate, and share the arts and culture of the many diverse ethnic groups who live in Contra Costa County; to create partnerships with business and government; and to increase communications and understanding between all citizens through art.
At their meeting of March 29, 2022, the Board of Supervisors voted to dissolve the Arts and Culture Commission of Contra Costa and further directed the establishment of a public-private partnership arts council for Contra Costa County, serving as the County’s State-Local Partner with the California Arts Council.
After an extensive planning and procurement process, the Board of Supervisors awarded a 5-year contract to Independent Arts and Media, as the fiscal sponsor of ARTSCCC, on December 12, 2023 for the provision of arts council services for the period January 1, 2024 through December 31, 2028. This contract is funded through the County’s Measure X allocation dedicated to arts and culture ($268,800 for FY 24-25).
An Arts and Culture Vision was identified in the Board’s adopted 2023 Arts & Culture Master
Plan for Contra Costa County as articulated below.
“Contra Costa County will be a place where:
• arts and culture are integrated deeply into daily community life of all 19 of its cities
and unincorporated communities
• arts and culture reflect and celebrate the diversity of the County’s people, including
those that have been historically underrepresented
• arts and culture are accessible equitably to all, regardless of socio-economic status
• arts and culture contribute positively to the health and well-being of all
• arts participation is robust
• arts education is fundamental and is well-supported financially
• artists can live fulfilling and prosperous lives
• public art can be seen everywhere
• arts and culture build bridges between generations
• arts and culture create civic cohesion.”
With regard to its own public art, County departments periodically receive inquiries about the placement of murals or the addition of public art works on County retaining walls (or other locations that may be within the public right of way), or on County land or buildings. While Departments can provide advice on such requests for possible encroachment permits or long-term maintenance discussions, departments have been unable to advise upon the merit of, or content included, in any specific piece of art for these facilities and have been uncertain about their role in the public art approval and authorization process.
On February 6, 2024, the Board of Supervisors referred to the Internal Operations Committee (IOC) the development and recommendation of policy and procedures governing placement of art on County property and in public rights-of-way. On March 11, 2024, Senior Deputy Lara DeLaney of the County Administrator’s Office provided a proposed scope of work, timeline, and estimated costs for the policy development process and requested input and direction from IOC.
After receiving IOC direction in March, the County Administrator’s Office conducted a procurement process and retained a public art policy consultant, Arts Orange County, led by CEO Richard Stein and Patricia Gomez. A small working group was then established, composed of representatives from the Health Services, Employment and Human Services, Public Works, Conservation and Development, and Library departments, as well as from the CAO, County Counsel, and the Arts Council of Contra Costa County (ARTSCCC), to prepare a draft policy and procedures document.
Attached, for the Board’s consideration and discussion, are the proposed Contra Costa County Public Art Policy (PAP) prepared by Arts Orange County based on the input and contributions from the IOC and the working group, review of local public art policies, and Arts Orange County’s experience with development and implementation of policies in other jurisdictions throughout California. (See Attachment A.)
The proposed Public Art Policy addresses the considerations identified in the March 11 staff report and distinguishes between permanent and temporary art installations, public art donations, as well as defining the policy scope and definition of terms for better clarity and understanding. The Policy is intended to be flexible, providing a framework and process should the County receive donated art, community-funded art, or decide to sponsor or allocate County funds toward public art.
At their September 9, 2024 meeting, the Internal Operations Committee requested additional information/data related to the impact of public art on graffiti abatement and vandalism. (See Attachment B.)
The IOC suggested the County consider starting with Utility Box Art, which has been implemented widely by other jurisdictions. The IOC requested additional information about the benefits and costs of painting versus vinyl wrapping of utility boxes. (See Attachment C.) IOC also requested additional information from Public Works about the number of County-owned utility boxes within each unincorporated community and the staff and budgetary resources to implement a utility box art program. IOC also requested information about how much funds were allocated by other jurisdictions for their utility box art programs. (See Attachment B and Appendix B.)
IOC recommended that policy questions requiring Board of Supervisors input for implementation of the proposed PAP accompany the draft Public Art Policy presentation to the Board.
Policy Questions for Board of Supervisors’ Direction
1. Budget Allocation for a County Public Art Program
a. To provide artist and panelist stipends/awards and cover ancillary costs (e.g. administration, installation, inspection, maintenance) of a Public Art Program, a budget allocation is required.
b. What is the funding source for the Public Art Program allocation? Possible sources include:
i. Measure X
ii. Community benefit funds (mostly administered by Department of Conservation & Development and specific to certain communities)
iii. Park dedication fees
iv. Livable communities trust (balances differ by District)
v. Keller-Community beautification category (District V only)
vi. Crockett Co-Generation Property Tax Allocation (District V only)
vii. Set aside 1%-2% of County's current & future capital improvement projects budgets for public art at County-owned sites suitable for placement of art
viii. Bank 1%-2% of current & future capital improvement projects budgets for sites not considered suitable for public art to be used at other County-owned properties
ix. Adopt a voluntary public art in private development program, based upon 1%-2% of project costs, for placement of art at such sites with option of in lieu contribution to County for public art on County-owned property
x. Apply for funding from State of California Arts in California Parks grant (due in Spring 2025)
xi. Public or community donations.
c. Is this ongoing or one-time funding?
d. Are sponsorships allowed and actively sought to supplement or offset costs?
i. If sponsorships will be possible, are there restrictions/limitations on the kinds of sponsors or the messages that could be displayed?
e. Is the allocation to be divided evenly by 5 supervisorial jurisdictions?
f. Timing of the allocation: Budget year 2025-26?
2. Implementation
a. What element of a County Public Art Program does the Board want to pursue and what is the timeline?
i. Utility Box Art Program
1. Is there a Board-adopted “theme” for the art?
2. Is there a Board preference for art painted directly on box surfaces or art transferred to vinyl wrapping? (See Attachment of pros and cons of each method.)
ii. Mural Program
1. Is there a Board-adopted “theme” or criteria for mural content?
iii. Other Arts and Culture (e.g., Sculpture, Painting, Big Belly container art)
b. Administration
i. Are costs for administration to be charged against the Budget Allocation for the Program or absorbed by the Department?
ii. Will the Arts Council (ARTSCCC) be asked to play a role in administration? As this is not part of the contracted scope of work, this will require additional compensation.
3. Public Art in County Construction
a. Will there be a Mandatory or Voluntary allocation for Public Art in County Construction projects?
b. 1-2% of total project cost is the industry benchmark. Does the Board wish to establish a Public Art fee/budget allocation or decide on a project-by-project basis what it should be?
c. Is this applicable to new construction only or would it include major remodels/renovations?
i. Is there a threshold for the size of the project it would apply to?
d. Does the Board want to adopt a voluntary program for private development?
Bay Area Counties - Public Art Programs
Alameda
Through Alameda County’s “2% for Art” Ordinance, the Public Art Program provides for public art elements connected to capital improvement projects undertaken by Alameda County. The unique artworks are created by professional artists and are integrated into the design of the structure or landscaping, or are in proximity to the project, in any number of treatments and media. Artwork is purchased or commissioned through an open competitive process. A separate call for artists is issued for each project. The Arts Commission administers the Public Art Program with guidance from the Public Art Advisory Committee, a body of nine citizens appointed by the Arts Commission.
San Francisco (City and County)
Art Enrichment Ordinance (the 2%-for-art program) ensures that two percent of the gross construction cost of civic buildings, transportation improvement projects, new parks, and other above-ground structures such as bridges, be allocated for public art.
San Francisco also has a “1%-for-art program” that requires that large projects in the Downtown and nearby neighborhoods provide public art that equals at least 1% of the total construction cost. This program was established by the 1985 Downtown Plan and is governed by Section 429 of the Planning Code and is overseen by the San Francisco Planning Department. Since May 2012, some projects may choose to dedicate a portion of their 1% art requirement to the City’s Public Art Trust, which can be used for a variety of purposes including restoration of artworks in the Civic Art Collection, nonprofit capital projects and temporary public art programming.
San Mateo County
Public art policy adopted in 2022. Two mural projects in 2024 ($30,000 and $25,000 artist fees.)
Santa Clara County
At minimum, one percent (1%) of the budget for each new County capital construction project shall be allocated for works of art that are accessible by the public. Where funding restrictions partially preclude the allocation to artwork, the allocation for art shall be made from the portion of the funds unrestricted for this purpose, if any, and shall constitute at least one percent (1%) of the unrestricted portion. For new County capital construction projects that total less than $1 million, County art funding required by this Policy may be aggregated for public art at other publicly accessible County facilities. Any public art funds that remain unexpended from an applicable County capital construction project will be aggregated for use on public art at other publicly accessible County facilities.
Sonoma County
Public Art Plan currently in development.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not have an adopted policy for public art.