CC 07-03-2018 Item No. 22 Cupertino Public Art Ordinance - Written Communication
July 2, 2018
Mayor Darcy Paul
Cupertino City Council
Transmitted by email
RE: Council Agenda 7.2.18, Item #22 Artwork in Public & Private Developments
Dear Mayor and Councilmembers,
The Building Industry Association of the Bay Area (BIA Bay Area) strongly objects to
the 400% fee increase, from .25% to 1% of construction costs, in public art fees on
private residential development. Housing construction costs are at an all-time high; the
City should creat a two tiered fee structure that exempts residential construction from
public art fee increases. Several Silicon Valley cities exempt residential development
from public art fees. Cupertino would be wise to follow suit.
Fee mandates are a contributing factor to the high cost of Bay Area housing. Affordable
housing, parks, schools, libraries, and many other public amenities and contributions
are extracted from housing development. Commissioning more public art might be a
laudable goal, but the primary responsibility to fund it should rest with city
government and taxpayers as a whole, not with the home buyers and renters who will
have to pay more for a place to live in Cupertino.
Mandatory public art funding is yet another government deterrent to the creation of
more housing. As a recent report by the state Legislative Analyst documented, high
construction costs are driven in significant part by expensive government mandates and
regulations on homebuilders.
BIA Bay Area views public art mandates as not only a violation of free speech, but also
as another significant factor in the escalating cost of housing in the Bay Area. We urge
the City Council to exempt residential development from the public ar t fee mandate.
Respectfully,
Dennis Martin
BIA Bay Area Government Affairs