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Page 6 of 7 Use of Public Art Contribution In-Lieu Fee Allowable uses of the Public Art In-Lieu Fees would include the following, as defined by PMC Chapter 13.16: • Acquisition • Installation • Maintenance and restoration • Administration of the Public Art program, with no more than 10 percent of the fees allowed to be used for this purpose. Having a broad range of uses for the public art funding will complement the Another H.A.P.P.Y. fund, which is currently dedicated to acquiring art. While extremely beneficial in increasing the amount of public art in Pleasanton, one of the most significant challenges to using the Another H.A.P.P.Y. fund has been identifying funding sources for installation and the long-term maintenance of the new art pieces acquired. Based upon feedback from the City Council on August 20, 2024, the original staff recommendation included education and programming as an allowable use of the public art contribution in lieu of a fee. At the March 3, 2025, Civic Arts Commission meeting, commissioners expressed concern and voted to remove education and programming from the recommendation to the City Council. Concerns included that education and programming were overly vague categories, allowing the funding to be redirected from physical public art pieces and installations, the program's primary focus. Additionally, the Civic Arts Commission requested a fund balance update for the Public Art Contribution In-Lieu Fee to be provided to the commission during both the mid-year and mid-term budget cycles. Next Steps While adopting the Public Art Contribution requirement and establishing the in-lieu fee are essential steps, other actions will help to support the successful implementation of the program over the long term, including: • Developing and implementing a public art plan, with the assistance of the Civic Arts Commission or a Subcommittee, to guide the expansion and management of public art throughout the City • Updating PMC 13.16 to clarify and improve how the City implements and administers its broader public art program. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) This item is exempt from CEQA because: (i) it is not a project within the meaning of Public Resources Code, section 21065 because it has no potential to alter the physical environment; (ii) and pursuant to CEQA Guidelines section 15061(b)(3), the so-called “common sense” exemption, for this same reason. Page 167 of 864