public right-of-way and this meets the requirement. and since there is child care, there is not always the public access to the inside. in addition, if there are smaller spaces on the roof top, those create additional challenges. this might be an area where you have a residential building to otherwise require art on site and perhaps allowing it to go into the fund administer by the arts commission for a number of other use and looking at the requirement since we have learned more about the downtown and seen the downtown has expanded beyond the original c3, it seems there is no real good policy reason for why a project of the same size inside the c3 would have the art requirement and a project of the same size

outside the c3 would not have the requirement and the department recommends the environment if they are in the downtown areas. and this is the mixed use district and not the smaller neighborhood commercial district but the real areas where we have seen the downtown expand. further, even though there is large projects coming and will have a large 1% art requirement. this is another area where the city might be able to provide additional flexibility. the recommendation would say put the first $1 million towards public art on the site and really signify the public notice and get a monumental piece and any amount over $1 million will be another opportunity for flexibility and choose whether to put it into the site or the

other option is or other art. there is a lot of detail in the current draft ordinance. i know you heard from the mayor's office and board president chiu. i will stay away from a lot of the details of how the art fund would be implemented and our only recommendation is as long as the fund is administered through the public process of the arts commission t department is confident that will provide sufficient oversight and you are familiar with the oversight in processes. and we are showing the current ordinance shows a discount for if a developer chooses to put a portion into the fund and this even having opportunity to put payment into a fund is an incentive for a developer and

easy to write a check and go through the additional process and we don't see a need for the discount if you choose to provide those. and then in conclusion, we recognize and sympathize with the sufficient funding to upkeep with the existing art work and believe it is important to get additional funding for them and would like to help it look for additional funding sources. and i would like to make a few acknowledgments. first of all, we had an intern that helped in completing the inventory of downtown art work. they couldn't be there today, but taylor and marcel, we appreciate their contributions. also in the audience and perhaps you would like to start with public comment is j.d. beltran, acting executive director of the arts commission and is the

director of strategic initiatives. >> and we will open it up for public comment. >> and this is an exciting moment for the arts commission and working with the department staff, in particular anmarie rogers and i wanted to congratulate on the success of the downtown gallery with the requirement and there are many outstanding works of art and your staff has done great work.

over the past two years in particular, the arts commission has met with san francisco beautiful and the board of san francisco-american institute of architects and the arts club and spoken with the area and working with the mayor's office of economic development and numerous arts organizations and we have gotten a sense they believe there are in ways in addition to permanent public art that a robust and dynamic art environment can activate and enliven the downtown and contribute in the day and in the evening. and the art have been proven as a highly cost effective way of driving economic revitalization

in urban areas and also consulted most recently with land use attorneys on the effect of the legislation. the arts commission is largely in agreement with the planning staff recommendation. there are a couple of things at the end of the testimony where we differ in opinion. proposed change will give more options and not requirements and allow for greater flexibility and this amendment will not yet result in the increase of the 1% requirement. as anmarie mentioned, there are instances where they may not be able to physically income date that and the valuable option with the contribution of monies designated for art purposes.

and basically -- boy, not talking fast enough. president olague: if you're going to be around, we will ask you to come up. for some reason -- >> and i wanted to emphasize the developer option and this decision and the developer drives the decision and three options rather than one. and the to tell you briefly about the proposed uses of the trust and the new permanent and temporary art for public spaces to provide for the preservation and restoration of publicly owned art work in the downtown. and to provide the set aside of funding. president olague: you are with the arts commission and so critical to the piece of legislation f you could finish your comments. >> i will speak fast. president olague: it would be good for us to hear. >> thank you so much. i was saying he would have a set aside to local commissions that may be located outside the downtown or within the c3

district to prevent their work and the ebbing poe sure to the greater audience -- and exposure to the greater audience in the downtown. and it is a well established precedent in los angeles, long beach, washington, and cleveland among other cities and counties. the goals and objective of the trust are to reflect the city's belief that the arts are an essential component of city life. to allocate more dollars dating back to 2004 and to ensure that the public has access to excellence and diversity and to enliven, animate, and activate

the downtown with the cultural facilities. to celebrate through artistic expression and acknowledge the arts as a proven and highly cost effective way of driving economic urbanization and protect the cultural heritage and utilize existing funding forces for the arts in a few way and complement the effort to develop the mid pashth with the arts district city. and to establish guidelines and the trust to identify places where the landmark place making works of art can be placed and identify the criteria to be applied to the fund for cultural facility. the art commission does advocate for creating the half mile

extended benefit zone outside the c3 district to allow for some of the funds to be used in more residential areas and the property values and from areas such as china town and mid market. the proposed descriptions are more in connection there and for the public and previous legislative amendment that allowed the art money to be used for the building of the dome or the architectural dimension of the mint. and they are very enthusiastic about the planning staff's recommendation to expand the requirement city wide. and ask the planning division to handle that portion of planning

staff recommendation and with the approved outreach. and the description to utilize funds from the art enrichment ordinance if i was correct in understanding the ordinance and rer not able to do that. and bond funds have to stay and be used on the bond project so we couldn't use them to manage the trust. and the administrative fee from the art enrichment projects is consumed be i the management of the projects alone. and lastly, i just wanted to state that we do agree with planning recommendations and to stipulate the art organization or which cultural facility will receive the funds but instead that we development very specific criteria that might give special consideration to arts organizations or cultural

facilities located in the vicinity of the building project. and thank you, commissioners, and thank you to director ram and kelly and anmarie. thanks for your consideration. president olague: thank you. >> you're welcome. >> thank you, president olague and commissioners. i served as the art task force that presented to you in 2006 and in that process we looked at the various programs and specifically the 1% art on site program and made recommendations that i believe all of which are included in the recommendations and the amendments from the planning commission. and i want to applaud the

planning department for actually getting the arms around this great program. back in 2006 when we asked to see the benefit of the program and we know what art we have and a program that supports our artists and supports the public in viewing of the art and to make that experience available. and the art task force strongly recommended expanding the program citywide and in the south and why they were not able to have those experiences in their neighborhood and the addition of expanding beyond the c3 district and support a city wide program for any of the large-scale projects will help

ebbing panhandle that areas and especially in residential allowing for the option of the contribution to create art spaces and for performance in the areas where there is large public space to have the not just art and the experience of art. and also this provides an opportunity to support existing organizations that need help with capital elevators up to the second floor performance space and those types of things that are important to making sure that the experience is one that we can city wide appreciate. i think this is a great, great the primary recommendation and

the experience of talking with the development and they are more than happy and it adds development to the neighborhoodses. and i actually think that we have it enough support for this in the arts community and citywide to go forward with the recommendation and let the board of supervisors get the input and make the necessary adjustments. thank you very much for the opportunity. president olague: thank you. next speaker. >> good afternoon. we wholeheartedly support the art requirement for the downtown development in the present form. and that are necessary to divert funds to what would otherwise be

in public art to achieve the certificate which is of great consequence to any project. and to encourage developers to purchase or commission their own art work for installation in the the areas and to activate the public open space and the right conversation. we also agree with the department's analysis that the opportunity for developers there and with the money spent on

public art and the 1% equated to $1.3 million and we actually spent $1.6 million. thank you. >> thank you. >> good afternoon, commissioner. i am here on behalf of several public art. and reaching out to us and specifically we believe that the secondary review and or the work and private projects and the process as a whole has resulted from very high quality public

art. and additional review by the arts commission seems like a solution in search of a problem. and i was hoping that you and the sponsor wills agree with the recommendation to eliminate it. and second, and as a way to enhance the building. and with allowing them to pay an in lieu fee should be an option rather than a requirement. president olague: thank you. >> i am jonathan goldberg and i am representing san francisco beautiful. and the livability of san

francisco and the high quality placement of art. and the public art requirement. and the oversight of the program with greater public access and additionally it grants more developers with the 1% art requirement. and the establishment of the art work trust will beautify the active uses there. and section 1409 is amended san francisco beautiful hopes the arts commission will continue to involve partners and how to spend it and necessary art enhancements. thank you. president olague: thank you.

>> good afternoon, commissioners. i am george williams. as a former member of the planning department staff i was involved in the development of the art work and the open space and i along with ava lieberman did an evaluation of the downtown privately owned accessible spaces and commonly referred to and i am concerned as drafted the proposed legislation will lessen the impact of the existing program in the downtown. and the art commission suffers from severe funding and the administration of the public art works and other programs. and with existing program with no cost to the city and the

private art works and art works that are enjoyed and will be enjoyed for years to come. however w the adoption of the changes recommended in the staff report, all of which i support, plus several additional changes, and the core of the existing program can be retained while broadening the type of art work to satisfy the 1% for art work requirement and to generate the funding needed. and locate on the ground floor be retained, but believe it should be expanded to require art works in areas that are smaller than 3,000 square feet. as indicated in the slide shown in the staff presentation, there are many fine areas that are less than 3,000 square feet that

enliven the downtown, are well used and greatly enhanced by art work integrated into the open space. i also believe the requirement should not be limited to those on the ground floor if open space which is visible from and accessible from the sidewalk with adequate signage are created in the future and should be required to include some art work. and the staff report recommends sponsors of residential buildings will allowed to provide on site art or make a fee payment for the trust. and they recommend the percentages now be prescribed. and i agree with the recommendation with one modification. >> i have one more sentence. >> i have your letter, so we can always refer to that and call you back up for additional comment. and that was just the first bell. it is very confusing. they changed the bell on us. you still have 30 seconds. i'll give you 30 seconds. >> i agree with the

recommendation with one limitation. i believe it's important to continue to require residential buildings you some portion of the required fund for art work at the ground level on or adjacent to the building. any surface or element of the building can successfully be turned into an art piece. how far, i believe it can be done at a cost less than the require 1d% and the unused portion can be paid to the art trust at the project sponsor's option. thank you. president olague: thank you. and just for the public's sake, there are two bells. the first bell is a 30-second reminder. that is all. they changed the bells. it's confusing sometimes. >> not saved by the bell. hello, commissioners, directors, and i really am excited and encourage the adoption of the proposals put forward by the planning department.

this is exciting to expand the program to other much-needed areas within the city and of the groups working on the related proposals at the western soma task force and i hope to see both itch implemented. and residential larger than 50 units and office development of 50,000 square feet and pedestrian levels design and ability. and follows san francisco planning code and products be applied toward the inclusion of publicly displayed art work. and for new developments, 150 thousands square feet and should be set aside for dedicated arts uses as defined in the zoning code and 1% of total construction costs may be made to the neighborhood benefits project for arts-related spaces or public realm improvement. and just to show you there are other areas and groups

considering expansion pangs of related ideas and to move forward on the citywide or eastern neighborhood basis. and i am concerned with the report that public art performance will be best enhanced by returning funding and the hotel fund redirected to the general fund and we have the funding there as the city would spend the money. so please do anything you can to encourage the funding to go where it was intended. and the 1% ideally goes to lasting changes as well. and perhaps go to funds of the stage or cultural facilities that the performances are encouraged and permitted to inform on and the platforms and rotational temporary art in the corporate locations as well. and the return of the funding for the hotel tax fund to augment this. and re-evaluating which projects

contribute. and section 429 with the plan for the c3 district and the respond to the dense neighborhood developments tempered with prop m growth regulations and i was unclear in reading the proposal about where new housing developments were going to be included in the fund and large-scale housing like rincon hill and are some of the examples of large scale projects that would be great to contribute to this. i would like to echo the previous speaker's feedback on the percentage since there's not as much popo space within the areas to be a greater contributor to the general art trust fund created here. and with the exception of the nonpublic arts group, it would be best to maintain control of the funding. and there is a new fire station and please require them to pay the 2% public art fee. all the public wants to see

that. president olague: thank you. is there any additional public comment? >> i have to open up one thing. i am brad paul and i became involve in arts policy and issues in the city in 1975 when i moved into the goodman building and that is a test for how many are old enough to remember where what the goodman building was and about affordable livable and workable space in the downtown. back in 2005 i was invited to the san francisco arts task force to talk about arts issues and i was one of the people who talked about the need to change the 1% art requirement in many