PURPOSE

During the July 31, 2007 City Council meeting, Councilmember Golonski requested that staff return with an option to allow a developer who is not interested in meeting his Art in Public Places obligation by installing an on-site art to contribute half of the 1% obligation to go towards the Burbank Unified School District�s �Arts for All� program, with the remaining funds being placed in the Public Art Fund.  Prior to extending significant staff effort, this item has been placed on the agenda as the first step in what is referred to as a one-step, two-step process for additional Council direction and consideration.

BACKGROUND

 The Art in Public Places Ordinance requires that a development project with a construction budget over $500,000 contribute 1% towards an art installation.  A development project is any development which requires a building permit.  Private developers who do not desire to install on-site art must currently contribute their 1% obligation to the Public Art Fund.  There is approximately $385,000 in the fund at this time.  Past public art projects which have received capital support from the Public Art Fund include the Stough Canyon Nature Center, the two art installations on the Chandler Bikeway, and the 5 Points sculpture. 

ANALYSIS

Currently, the Art in Public Places Ordinance, Burbank Municipal Code (BMC) Section 31-114, requires that a development project with a construction budget over $500,000 ($1,500,000 for multi-family residential projects) contribute 1% towards an art installation.  Developers who do not desire to install on-site art must contribute their 1% to the Public Art Fund.  As stated in BMC Section 31-114 (i), �such funds shall be used exclusively for the financing of art projects including, but not limited to, the acquisition, installation, improvement, maintenance, and insurance of art work that will be located at public buildings or on public grounds�.  The necessary action to alter the Ordinance would be to initiate a zone text amendment to expand the in lieu fee to include the option of allocating half of the 1% paid by the developers who do not wish to incorporate art on-site to go towards the �Arts for All� program.

FISCAL IMPACT

As the first step in a two-step process, this item is being presented for discussion and additional Council direction only.  

RECOMMENDATION

Staff recommend�s that City Council have a discussion on the possibility of initiating a zone text amendment to expand the options developers might select if they choose not to incorporate art on-site.