Hemet Municipal Code Art. XLIV City-Initiated Art in Public Places

Footnotes:

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Editor's note— Ord. No. 1900, § 2, adopted April 14, 2015, repealed former Art. XLIV, §§ 90-1531—1547, which pertained to conditional use permits and derived from Ord. No. 621; 1984 Code §§ 25300—25315; Ord. No. 1506, adopted December 27, 1994; and Ord. No. 1762, adopted June 13, 2006. The user's attention is directed to § 90-42.

The purpose of this article is to establish a systematic and defensible process for the selection, acquisition, and placement of public art on city-owned property or within the public right-of-way. This article ensures that public art projects are managed with fiscal responsibility and aesthetic integrity, and that artwork reflects the history, heritage and cultural character of the San Jacinto Valley where appropriate

(Ord. No. 2073, § 3, 3-24-26)

Public art projects initiated by the city shall be classified into two categories based on the total project budget (inclusive of design, fabrication, and installation):

(1) Signature public art projects are those with a total cost exceeding $10,000.00.

a. Approval authority. Final approval rests with the city council.

b. Selection process. For each signature project, the mayor shall appoint a project ad-hoc committee.

1. Ad-hoc committee composition. The committee shall consist of two members of the city council advised by the city manager, or his or her designee. The committee may invite a qualified artist or a member of the local arts community to serve as a non-voting technical advisor.

2. Role of the committee. The committee shall review artist portfolios/proposals, select a finalist, and provide a formal recommendation to the full city council for contract award. The committee may give priority consideration to local community organizations for mural installations and artist selection, particularly for projects along Florida Avenue and in the downtown area.

(2) Minor public art projects are those with a total cost of $10,000.00 or less.

a. Approval authority. The city manager is authorized to approve the selection, location, and installation of minor projects, including small-scale community art projects such as painted utility boxes, fire hydrants and similar public amenities.

b. Reporting. The city manager shall provide a quarterly information report to the city council summarizing any minor projects approved under this authority.

(Ord. No. 2073, § 3, 3-24-26)

To ensure transparency and legal defensibility in the expenditure of public funds, the city shall utilize one of the following selection methods:

(1) Open call (request for qualifications/proposals). A broad solicitation to all artists. The city may give priority consideration to local community organizations and local artists in the selection process.

(2) Limited invitational. A solicitation sent to a pre-qualified list of artists with specific expertise.

(3) Direct purchase. The purchase of an existing, completed artwork from a gallery or artist, provided it meets the "minor project" threshold or is approved as a "signature project."

(4) Community partnership programs. Collaborative programs with local community organizations, schools, and youth groups to create public art, including high school mural programs and community art initiatives.

(Ord. No. 2073, § 3, 3-24-26)

Regardless of the approval path, all city-initiated art must undergo a technical review by the public works and community development departments to ensure:

(1) Public safety. No interference with traffic lines of sight, pedestrian clearance (ADA compliance), or emergency access. Installations utilizing hologram art, digital media, or other visually dynamic elements shall be located away from high-traffic streets and arterials, and instead sited in parks, plazas, or lower-traffic pedestrian areas.

(2) Structural integrity. Engineering review for any large-scale sculptures or installations requiring footings.

(3) Materials appropriate to location. Review to ensure materials are appropriate to site conditions, including use of non-flammable materials in high fire severity zones and materials suitable for scenic highway corridors.

(4) Maintenance sustainability. Analysis of long-term cleaning, anti-graffiti, and repair costs.

(5) Cultural appropriateness. Review to ensure artwork reflects or complements the history, heritage, and cultural character of the San Jacinto Valley where appropriate, and is consistent with general plan goals for community character.

(Ord. No. 2073, § 3, 3-24-26)

Every city-initiated project shall be governed by a written professional services agreement approved as to form by the city attorney. The agreement must address:

(1) Work for hire/copyright. Definition of the city's ownership and copyright.

(2) VARA waiver. A specific waiver of the artist's "moral rights" under the Visual Artists Rights Act (VARA) and the California Art Preservation Act (CAPA) to the extent necessary for the city to repair, relocate, or remove the artwork if it becomes a threat to public safety or an undue maintenance burden.

(3) Warranties. A minimum warranty against defects in workmanship and materials.

(Ord. No. 2073, § 3, 3-24-26)

The city shall reserve the right to "deaccession" (permanently remove or sell) public art.

(1) Signature projects. Deaccessioning requires city council approval following a public hearing.

(2) Minor projects. Deaccessioning may be authorized by the city manager if the work is damaged beyond repair or poses a safety hazard.

(Ord. No. 2073, § 3, 3-24-26)