Article 2

• (a) The purpose of the Public Arts Program is to enrich the built environment of the City. The program will increase the understanding and enjoyment of art by residents and visitors, add to the economic viability of the City, encourage artistic cooperation among various disciplines and invite public interaction with public spaces. The Public Arts Program, among other things, requires that public art be included as part of certain private and public development projects in the City. It represents a partnership between the City, developers and the arts community that serves to enhance Ojai's built environment both now and in the future.

(b) The Council finds and declares as follows:

• (1) Enhancement of the quality of life for City residents, workers and visitors is provided by the development of cultural and artistic resources;

• (2) Development and maintenance of a Public Arts Program improves the quality of the urban environment and increases real property values;

• (3) Nurturing alternative sources for cultural and artistic outlets improves the environment, image and character of the community;

• (4) Those whose developments diminish these resources should make provision for new opportunities for public art in order to preserve and enhance cultural and artistic resources in the City;

• (5) Establishing the Public Arts Program will promote the general welfare by balancing the City's physical growth and revitalization with its cultural and artistic resources.

• (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008; as amended by § 1, Ord. 835, eff. January 10, 2014)

The Commission shall carry out the duties established by this chapter.

(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

For purposes of this article:

"Accession" shall mean the assignment of a basic number to the objects acquired for the permanent art collection. The accession number is composed of two figures, one indicating the year of the receipt and the other the number of the accession within the year. The source of the acquisition is also noted. Numbers are assigned in order of the acquisition and a master list maintained of all acquisitions.

"Acquisition" shall mean inclusion of an artwork in the City's art collection whether by purchase, commissioning or donation.

"Arts consultant" shall mean an arts professional with demonstrated education, experience and training in the development of public art projects.

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-16.203

§ 4-16.204

"Committee to Approve Public Art" (CAPA) shall mean a public body comprised of five members: two members of the Arts Commission (or others appointed by the Arts Commission), one Planning Commission representative appointed by the Planning Commission, and two members of the community with arts knowledge, appointed by the Arts Commission. The Committee shall be responsible for conceptual reviews of artwork covered by this Article, and recommendations to the Arts Commission for final review and approval or denial.

"Covered project" shall mean all new residential development consisting of five or more units, all remodeling, repair or reconstruction of residential housing consisting of five units or more the cost of which is $300,000 or more, and all commercial, manufacturing, institutional recreation, village mixed use (commercial portion only, unless residential portion of such development consists of five or more units) and public/institutional construction, remodeling, repair or reconstruction exceeding $300,000 in value.

"Deaccessioning" shall mean the removal of an artwork from the City art collection, whether by sale or otherwise. Such action shall be taken only on the recommendation of the Arts Commission with the official permission of the Council.

"Public art" shall mean artwork created by artists for spaces accessible to the public for specified time periods. It may include, but is not limited to, works of sculpture, painting, tile work, street furniture, murals and place-making and arts programming. The installations may be either permanent or temporary.

"Public art jury" shall mean a jury comprised of seven members composed of: a representative of the Arts Commission, two arts professionals, at least one with public art experience, a representative of the Planning Commission, a community member-at-large, Representative of the developer (e.g. architect or landscape architect or, if there is no developer for the project, a member selected at the discretion of the Arts Commission), and an artist.

"Responsible party" shall mean the person or entity which is administering or managing a covered project and is the party responsible for complying with the requirements of the Public Arts Program as set forth in this article.

(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 2, Ord. 835, eff. January 10, 2014, § 2, Ord. 908, eff. October 8, 2020, and § 3, Ord. 929, eff. May 12, 2022)

• (a) Creation. There is hereby established the Public Arts Fund into which shall be deposited all funds as may be appropriated by the Council or contributed to the City for expenditures in conjunction with the Public Arts Program.

• (b) Endowments. The Public Arts Fund shall be used as a depository for endowments, bequests, grants, contributions or fees. Such endowments, bequests, grants, contributions or fees may be expended as set forth in subsection (e) and as approved by the Commission.

• (c) Accounting. A Public Arts Fund shall be maintained by the City's Finance Director, with accounting records established to sufficiently identify and control these funds. Expenditures shall be processed through the City's established warrant payment procedure.

• (d) Use of Public Arts Fund. The Public Arts Fund shall be used solely for the Public Arts Program expenses outlined below as subsection (e) Permissible Expenditures.

• (e) Permissible expenditures. The following constitute permissible expenditures of Public Arts

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City of Ojai, CA § 4-16.204

OJAI CODE

§ 4-16.205

Fund moneys:

• (1) The cost of artwork, including artist's fees, and its installation, exhibition or display;

• (2) Any required permit fees and legal and other costs directly related to the project;

• (3) The cost of purchase or lease of art sites;

• (4) Waterworks, landscaping, lighting and other objects which are commissioned from an artist as an integral aspect of a structure or site or which are necessary for the proper aesthetic presentation and structural placement of the artwork;

• (5) Frames, mats, pedestals and other objects which are necessary for the proper presentation of the artwork;

• (6) Expenditures for maintenance and repair of artwork;

• (7) Promotion of art education within the City, either separate from or complementary to art programs of schools, museums or other nonprofit organizations; and

• (8) Costs of administering the Public Arts Program.

• (f) Ineligible expenditures. Public Arts Fund moneys may not be expended on the following:

  • (1) Reproductions of original artwork except an artwork from an artist-signed limited edition unless approved by the Arts Commission;

  • (2) Unlimited editions of original artwork;

  • (3) Mass-produced art objects;

  • (4) Artworks that are decorative, ornamental or functional landscape or architectural elements except when commissioned from an artist or a skilled artisan or craftsperson, as an integral aspect of a structure or site;

  • (5) Architectural rehabilitation of historical buildings; and

  • (6) Expenses not directly related to the purchase, design, fabrication and installation of the artworks, including site construction costs not directly related to the costs of the artwork.

• (g) Replacement. For those artworks that have been purchased with moneys from the Public Arts Fund or contributed to the City, the Council may determine to deaccess existing artworks for replacement artworks. Any funds obtained from the sale of artwork shall be credited to the Public Arts Fund.

• (h) Alteration, replacement or relocation. Permanently installed public works of art may not be modified, altered, relocated or removed without the prior review of the Arts Commission. Any alteration, replacement or relocation of the artwork shall be subject to the California Art Preservation Act and the Federal Visual Arts Rights Act of 1990.

• (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 3, Ord. 835, eff. January 10, 2014)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-16.205

§ 4-16.206

• (a) Requirements. Except as provided below in Section 4-16.205(b), the requirements of this article shall apply to all covered projects.

• (b) Exceptions. The requirements of this article shall not apply to the following:

  • (1) Projects undertaken by any agency of the State, County, the Ojai Unified School District or any governmental entity other than the City;

  • (2) Remodeling, repair or reconstruction of structures to comply with earthquake seismic safety code standards or buildings damages to which have been immediately occasioned by fire, flood, wind, earthquake or other calamity;

  • (3) Nonprofit social service projects;

  • (4) Housing projects for "low to moderate income persons and families" as defined in Health and Safety Code Section 50093;

  • (5) Affordable housing developments receiving City, State or Federal assistance, unless permissible under City, State or Federal regulations;

  • (6) Construction, remodeling, repair or reconstruction of residential projects consisting of four or fewer units whether or not such residential project is a part of a mixed-use development; and

• (7) Architectural rehabilitation or historical preservation of properties which are designated as historic sites by the Council.

• (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 4, Ord. 835, eff. January 10, 2014)

• (a) The responsible party shall be deemed to have satisfied his, her or its obligations under this article through the placement of artwork at the site of a covered project and in a manner consistent with this article.

• (b) Other provisions of this article notwithstanding, the Arts Commission may waive the strict compliance, in whole or in part, in respect to any covered project otherwise subject to the provisions of this article and instead permit the responsible party to meet the intent and purpose of this article through compliance with subsections (1), (2), or (3) of Section 4-16.206(c), below. In authorizing such alternative compliance, the Arts Commission shall make findings on the basis of substantial evidence, that the responsible party achieves the goals and aims of this article in substantially the same manner as strict compliance would. The Arts Commission may also waive the requirements for covered projects which are also City projects when it determines it would be in the public interest to do so.

• (c) Acceptable alternative methods of fulfilling Public Art Requirement, if approved pursuant to subsection (b) above, are as follows:

  • (1) Contribution of approved off-site public artwork;

1. Editor's note—Ord. No. 835, Section 5, effective Jan. 10, 2014, repealed the former Section 4-16.206 and enacted a new section as set out herein. The former Section 4-16.206 pertained to similar subject matter and derived from Section 1, Ord. No. 765, effective May 22, 2003, and Section 2, Ord. 800, effective Aug. 8, 2008.

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City of Ojai, CA § 4-16.206

OJAI CODE

§ 4-16.210

• (2) Donation of an approved artwork to the City Art Collection; or

• (3) Monetary contribution to the Public Art Fund.

• (§ 5, Ord. 835, eff. January 10, 2014, as amended by § 2, Ord. 908, eff. October 8, 2020)

No final City approval, such as final inspection or a certificate of occupancy, for any covered project shall be granted or issued unless and until full compliance with this article is achieved in one of the following ways:

• (a) The approved artwork has been placed in an approved on-site or off-site location in a manner satisfactory to the Arts Commission;

• (b) Donation of an approved artwork to the City Art Collection in a manner approved by the Arts Commission;

• (c) The Public Art Program allocation amount determined in accordance with Section 4-16.208, is credited to the Public Arts Fund to be used as provided herein.

• (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 6, Ord. 835, eff. January 10, 2014)

The Public Art Program allocation, as used in this article, shall be the percentage of the building cost which is set aside for the acquisition and installation of approved artwork and shall be an amount equal to 2% of the first one million dollars ($1,000,000.00) and one percent of any excess over one million dollars ($1,000,000.00) of the total building valuation for a covered project. The total building valuation shall be computed using the latest building valuation data as set forth by the International Code Council (ICC) unless, in the opinion of the Arts Commission, a different valuation measure should be used.

(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 7, Ord. 835, eff. January 10, 2014)

The responsible party shall place artwork equal in value to the applicable program allocation for the project in outdoor areas of the covered project that are accessible to and used by the public. Interior spaces, including lobbies, courtyards, malls, etc., may be eligible if they are accessible to the public a minimum of eight hours per day and visible from the nearest public right-of-way. When selecting the location for art, preference shall be given to libraries, parks, office buildings, sidewalks, traffic islands, etc. Lobbies, plazas, adjacent open spaces or exterior treatment of buildings shall be potential sites, but the offices themselves shall not be considered acceptable sites. Final location of art shall be subject to the approval of the Arts Commission. (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 8, Ord. 835, eff. January 10, 2014)

Eligibility requirements for each project shall be established by the Arts Commission. Specifically excluded are artworks created by students under the supervision of art instructors to satisfy course requirements, and artists who are members of the Arts Commission. The following

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-16.210

§ 4-16.211

criteria shall be considered in the selection of artwork:

• (a) Quality. The quality of the artwork.

• (b) Media. All visual art forms may be considered, subject to limitations set by the Arts Commission.

• (c) Style. Artworks of all schools, styles and tastes should be considered for the City collection.

• (d) Environment. Artworks and art places should be appropriate in scale, material, form and content for the immediate, general, social and physical environments to which they relate.

• (e) Permanence. Other than for temporary installations of artwork, consideration should be given to structural and surface integrity, permanence and protection against theft, vandalism, weathering and excessive maintenance and repair costs.

• (f) Elements of design. Consideration should take into account that public art, in addition to meeting aesthetic requirements, also may serve to establish focal points, terminate areas, modify, enhance or define specific spaces or establish identity.

• (g) Diversity. The Public Arts Program should strive for diversity of style, scale, media, artists and equitable distribution of artworks and art places throughout the City.

• (h) Limitation. Previously commissioned or acquired artists shall not be eligible until three years from the date of the Arts Commission's approval of the project or acquisition.

(i) Murals. Mural applications shall meet the criteria in this Code. (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 9, Ord. 835, eff. January 10, 2014, and § 2, Ord. 908, eff. October 8, 2020)

The following methods may be used to select artwork at the option of the responsible party:

• (a) Direct purchase. A completed work of art may be purchased for a specific project or location.

• (b) Direct commission. An artist may be chosen directly and paid to submit a proposal. Artists will be selected on the basis of their qualifications for a particular project and its probability of successful completion.

• (c) Limited competition. A small number of artists may be invited and paid to submit proposals.

• (d) Open competition. Any artist may apply subject to project specifications. A Public Art Jury shall be called to review applications and qualifications, select an artist, and recommend approval to the Arts Commission. Chosen finalists may be asked to submit project proposals for which a fee is paid. The Public Art Jury shall make a recommendation to the Arts Commission for final approval or denial.

• (e) Recommendation. CAPA, except when a Public Art Jury has been called, will recommend

2. Editor's note—Ord. No. 835, Section 10, effective January 10, 2014, repealed the former Section 4-16.211 and enacted a new section as set out herein. The former Section 4-16.211 pertained to similar subject matter and derived from Section 1, Ord. No. 765, effective May 22, 2003; and Section 2, Ord. No. 800, effective Aug. 8, 2008.

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City of Ojai, CA § 4-16.211

OJAI CODE

§ 4-16.214

private and public development projects to the Arts Commission for final review and approval or disapproval."

(§ 10, Ord. 835, eff. January 10, 2014)

The Community Development Director shall review the artwork and its placement and landscaping elements and may refer the artwork to the Planning Commission for approval pursuant to Section 9-4.07 of the Ojai Municipal Code.

(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008)

• (a) Any artwork placed on private property as part of the Public Arts Program shall be a oneof-a-kind piece conceived by and executed through an artist. The responsible party shall retain the services of a qualified art consultant to manage the art project and present the project to CAPA. The fee for the art consultant is considered a legitimate expense of the public art project allocation. The City shall maintain a list of qualified arts consultants. Early selection of an art consultant is required. The responsible party shall submit an artwork proposal to be reviewed at a public meeting by CAPA (the Committee to Approve Public Art) prior to issuance of a building permit for the project. The Arts Commission shall consider the recommendation of the CAPA and give final approval for the proposed project.

(b) The completed arts application shall include:

• (1) Preliminary sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork, including, but not limited to, artist resume, images of previous artwork, and material samples;

• (2) An appraisal, budget or other evidence of the value of the proposed artwork, including acquisition and installation costs;

• (3) Preliminary plans containing such detailed information to adequately evaluate the location of the artwork in relation to the proposed development, and its compatibility with the proposed including compatibility with the proposed site;

• (4) Evidence that the artwork will be displayed in an open area and accessible to the public in accordance with Section 4-16.209;

(5) Maintenance factors required to ensure its permanence.

(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 11, Ord. 835, eff. January 10, 2014, and § 2, Ord. 908, eff. October 8, 2020)

• (a) The application for the proposed artwork and its inclusion will be considered by CAPA, which shall recommend approval or denial to the Arts Commission. The Community Development Director shall also review the artwork and its placement in relation to architecture and landscaping elements and may refer the application to the Planning Commission for design review approval pursuant to Title 10, Chapter 2, Article 20 of the Ojai Municipal Code. Any changes, questions or recommendations shall be conveyed in

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-16.214

§ 4-16.217

writing to the responsible party. The Arts Commission will review the CAPA recommendation for the approved artwork and approve or disapprove the recommendation. The applicant will be notified in writing.

• (b) If the responsible party proposes significant revisions to the architecture or physical design and layout of the proposed project subsequent to the receipt of the Commission's approval, the application shall, if legally permitted, be returned to the CAPA for further review and recommendation concerning the revised proposal prior to final approval by the Arts Commission.

• (c) If the responsible party has not applied for a building permit within three years of the date of the Arts Commission's approval of the project, the project will be considered null and void and the responsible party must resubmit a public art proposal to the CAPA (Committee to Approve Public Art).

• (d) A contract between the City and the responsible party spelling out all requirements for the artwork, including budget, insurance and maintenance, shall be executed by the Community Development Department prior to the City's formal acceptance of the artwork proposal as approved by the CAPA and the Arts Commission.

• (§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 12, Ord. 835, eff. January 10, 2014, and § 2, Ord. 908, eff. October 8, 2020)

• (a) The prospective donor shall submit to the CAPA:

  • (1) Sketches, photographs or other documentation of sufficient descriptive clarity to indicate the nature of the proposed artwork in relation to the site.

  • (2) Additional samples of the artist's work other than the proposed donation.

  • (3) Background information on the artist who created the proposed donation.

  • (4) Proof of valuation (previous sales receipt or similar) of the Artist's work.

  • (5) The estimated design, site preparation, fabrication and installation costs.

  • (6) Maintenance factors required to ensure its permanence.

• (b) The proposed donation will be considered by the Arts Commission. A personal appearance by the artist may be requested. The Commission will determine when all issues have been addressed and recommend acceptance or rejection of the artwork to the City Council.

• (§ 13, Ord. 835, eff. January 10, 2014)

3. Editor's note—Ord. No. 835, Section 13, effective January 10, 2014, repealed the former Section 4-16.215 and enacted a new section as set out herein. The former Section 4-16.215 pertained to application procedure for contribution of artwork to the City and derived from Section 1, Ord. No. 765, effective May 22, 2003, and Section 2, Ord. No. 800, effective Aug. 8, 2008.

4. Editor's note—Ord. No. 835, Section 14, effective Jan. 10, 2014, repealed Section 4-16.216, which pertained to review and acceptance of artwork contributed to the City and derived from Section 1, Ord. No. 765, effective May 22, 2003, and Section 2, Ord. No. 800, effective Aug. 8, 2008.

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City of Ojai, CA § 4-16.217

OJAI CODE

§ 4-16.217

• (a) Public artwork on public property. Procedures for accession, maintenance and conservation of artworks shall be established by the Arts Commission, as well as a maintenance schedule. Specific instructions for care of each work shall be kept on file as part of the collection management. Maintenance provisions shall be included in the artist's contract stipulating the length of time (typically one year) the artist will be responsible for repairs. The artist shall be required to provide to the City a maintenance manual outlining procedures, methods and products needed to preserve the condition of the artwork. The artist shall be offered a right of first refusal on repair contracts within a fair market rate of remuneration. Regular inspection-for-condition reporting shall be conducted as supervised by designated City personnel so that the collection is maintained in the best possible condition. When necessary, a conservation plan will be established prioritizing the work which is to be done.

• (b) Public artwork on private property. For artwork on private property, the obligation to provide all maintenance necessary to preserve the artwork in good condition shall remain with the owner of the site. Art installed on or integrated into a construction project pursuant to the provisions of this article shall not be removed or altered without the approval of the Commission. If the Public artwork is not integrated into the architecture, landscape or affixed to the property, any future owner of the property may remove artwork will have the option of: (1) replacing the original piece(s) with a new commission of equal fair market value (subject to the approval of the CAPA); or (2) depositing in the Public Art Fund a dollar amount equal to the fair market value of the artwork in which case the owner may remove the artwork.

itecture, landscape or affixed to the property, any future owner of the property may remove artwork will have the option of: (1) replacing the original piece(s) with a new commission of equal fair market value (subject to the approval of the CAPA); or (2) depositing in the Public Art Fund a dollar amount equal to the fair market value of the artwork in which case the owner may remove the artwork.

• (c) Maintenance of artwork. Artwork installed pursuant to this article shall be maintained as specified in the written agreement between the City and the private property owner with regard to that artwork. Maintenance of artwork, as used in this article, shall include, without limitation, preservation of the artwork in good condition to the satisfaction of the City, protection of the artwork against physical defacement, mutilation or alteration and securing and maintaining fire and extended coverage insurance and insurance for coverage of vandalism and other similar acts in an amount to be determined by the City Attorney. Evidence of said insurances shall be provided to the City on an annual basis. Prior to placement of an approved artwork, the responsible party and owner of the site shall execute and record a covenant in a form approved by the City for maintenance of the artwork. Failure to maintain the artwork as provided herein is hereby declared to be a public nuisance. If the artwork is not maintained in the manner prescribed, or is removed or altered without approval of the Commission, in addition to all other remedies provided by law, the City may, upon reasonable notice, perform all necessary repairs, maintenance, secure insurance or take such legal or other action deemed necessary to have the artwork maintained and, if necessary, restored, and the costs therefor shall become a lien against the real property.

(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord. 800, eff. August 8, 2008, as amended by § 15, Ord. 835, eff. January 10, 2014)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-16.301

§ 4-16.303