Chapter 2.26 — VISUAL ART IN PUBLIC PLACES

(a) For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms as used in this chapter are defined as follows:

(1) "Art in public places" means any visual work of art displayed for two weeks or more in an open city-owned area, on the exterior of any city- owned facility, within any city-owned facility in areas designated as public area, lobbies, or public assembly areas, or on non-city property if the work of art is installed or financed, either wholly or in part, with city funds or grants procured by the city.

(2) "Work of art" means and includes, but is not limited to, a sculpture, monument, mural, fresco, relief, painting, fountain, banner, mosaic, ceramic, weaving, carving, and stained glass. "Work of art" normally would not include landscaping, paving, architectural ornamentation, or signs as defined in Chapter 16.20 of this code.

(3) "Permanent installation" means a work of art in a public place intended to remain or remaining for one year or more.

(4) "Temporary installation" means a work of art in a public place intended to remain for less than one year.

(Ord. 2892 § 2 (part), 1975)

(a) Special Reserve Account. The city manager shall establish in the capital improvement fund a special reserve account designated as the "visual art in public places reserve account." Said reserve account shall be credited annually with such funds as determined by the city council and with all funds received by the city for visual art in public places, whether contributed, earned, secured through grants, or otherwise obtained.

(b) Use of Funds. It is intended that funds in the visual art in public places reserve account may be appropriated in the annual budget to obtain and install visual art in public places, to maintain and refurbish visual art in public places when the cost of such maintenance exceeds funds currently available for the maintenance of public property in general, to obtain professional consultants to assist the city and the public art commission in selecting artists and visual art in public places, to preserve meritorious works of art in public places and on private property in public view, and to defray such other capital expenses which are, or may become, an integral part of the visual art in public places program.

(c) Review of Disbursements. Each proposed appropriation for the visual art in public places program and each disbursement from the visual art in public places reserve account shall receive the prior review and advice of the public arts commission.

(d) Additional Funding. The director of arts and culture shall explore on a continuing basis the availability of funds for the visual art in public places program from such organizations as the National Endowment for the Arts, the California Arts Commission, and other public and private agencies.

(Ord. 3930 § 25, 1990: Ord. 3888 §§ 2, 3, 1989: Ord. 3514 § 9, 1984: Ord. 3507 § 9, 1984: Ord. 3219 § 1, 1980: Ord. 2892 § 2 (part), 1975)

(a) The duties of the public art commission with respect to the art in public places program shall be as follows:

(1) To advise the city in matters pertaining to the quality, quantity, scope, and style of art in public places;

(2) To periodically review, at least once a year, the capital improvement program with the director of arts and culture and such other members of the city staff as may be appropriate for inclusion of works of art in various projects;

(3) To devise methods of selecting and commissioning artists with respect to the design, execution, and placement of art in public places and, pursuant to such methods, to advise the director of arts and culture on the selection and commissioning of artists for such purposes;

(4) To advise the city regarding the amounts to be expended on art in public places;

(5) To advise and assist the director of arts and culture in obtaining financial assistance for art in public places from private, corporate, and governmental sources;

(6) To review plans for the installation of art in public places;

(7) To review the inventory of art in public places and to advise the city in matters pertaining to the maintenance, placement, alteration, sale, transfer, ownership, and acceptance or refusal of donations of, and other mailers pertaining to, art in public places;

(8) To recommend the retention of consultants, consistent with the city's consultant selection procedures, to assist the city in making decisions concerning the art in public places program;

(9) To advise the city on such other matters pertaining to the art in public places program as may be appropriate;

(10) To advise and assist private property owners who desire such advice and assistance regarding the selection and installation of works of art to be located on their property in the public view;

(11) To act as a liaison between local artists and private property owners desiring to install works of art on their private property in public view;

(12) To give recognition to, and to maintain, an inventory of meritorious works of art in the public view;

(13) To endeavor to preserve works of art in the public view deemed to be meritorious by the public art commission through agreements with the property owner and/or the artist.

(Ord. 3930 § 26, 1990: Ord. 3888 § 4, 1989: Ord. 3219 § 2, 1980: Ord. 2892 § 2 (part), 1975)

(a) In performing its duties with respect to the art in public places program, the public art commission shall give special attention to the following manners:

(1) Conceptual compatibility of the design with the immediate environment of the site;

(2) Appropriateness of the design to the function of the site;

(3) Compatibility of the design and location within a unified design character or historical character of the site;

(4) Creation of an internal sense of order and a desirable environment for the general community by the design and location of the work of art;

(5) Preservation and integration of natural features with the project;

(6) Appropriateness of the materials, textures, colors, and design to the expression of the design concept;

(7) Representation of a broad variety of tastes within the community and the provision of a balanced inventory of art in public places to insure a variety of style, design, and media throughout the community that will be representative of the eclectic tastes of the community.

(Ord. 3888 § 5, 1989: Ord. 2892 § 2 (part), 1975)

(a) Review of Permanent and Temporary Installations. Permanent installations shall receive the prior review and advice of the public art commission. Temporary installations shall receive the prior review and advice of the director of arts. Extensions of time for temporary installations to remain for one year or more may be granted by the director of arts in consultation with the public art commission. Permanent installations shall not be removed, altered, or changed without the prior review and advice of the public art commission.

(b) Private Sites for Art In Public Places. No work of art financed or installed either wholly or in part with city funds or with grants procured by the city shall be permanently installed on privately owned property without a written agreement between the city and the owner specifying the proprietary interests in the work of art, binding the owner to the general rules for art in public places, and specifying other provisions deemed necessary or desirable by the city attorney. Additionally, such written agreements, except those for murals which shall be exempt from the requirements imposed by this sentence, shall specify that the private property owner shall assure:

(1) That the installation of the work of art will be done in a manner which will protect the work of art and the public;

(2) That the work of art will be maintained in good condition; and

(3) That the insurance and indemnification will be provided as is appropriate.

(c) Consultation with the Artist. Installation, maintenance, alteration, refinishing, and moving of art in public places shall be done in consultation with the artist whenever feasible.

(d) Inventory of Art in Public Places. The director of art and culture shall maintain a detailed record of all art in public places, including site drawings, photographs, designs, names of artists, and names of architects whenever feasible. The director of arts and culture shall attempt to give appropriate recognition to the artists in publicity and promotion regarding art in public places.

(Ord. 3930 § 27, 1990: Ord. 3888 § 6, 1989: Ord. 3118 § 1, 1979: Ord. 2892 § 2 (part), 1975)

(a) Recognizing that professional expertise is necessary and desirable in artistic matters, such as the selection of artists for a project, the selection of particular works of art, and the approval of designs and plans for works of art under the visual art in public places program, it is a policy that:

(1) Decisions on artistic matters will be made by city staff and the public art commission;

(2) The city council will not exercise its independent judgment on artistic matters unless the city council requests that the matter be agendized for its review;

(3) Unless the city council determines to exercise its independent judgment as provided above, sketches, designs, photographs, precise plans, art examples, and similar items on artistic matters will not be transmitted to the city council as a matter of course in conjunction with projects before the city council;

(4) The city council will refer questions, suggestions, requests, complaints, and similar items pertaining to the visual art in public places program to city staff and the public art commission for their review and response.

(Ord. 3888 § 7, 1989: Ord. 2892 § 2 (part), 1975)

(a) It shall be city policy to set aside one percent (1%) of its annual capital improvement program (CIP) budget, as defined in the section, for the purpose of providing for public art. Except as provided in this section, all CIP projects shall be subject to this policy, including but not limited to buildings, shelters, parking garages and lots, restrooms, small structures, parks, medians, landscaping, plazas, gateways, bridges, walls, tunnels, and street and road construction. Salaries and benefits of public employees supporting CIP projects shall not be included in the CIP budget subject to this ordinance.

The following CIP projects are excluded from this policy:

(1) ADA compliance projects (not including projects where ADA compliance is a portion of a larger project).

(2) Road, path and sidewalk repairs, including: traffic signals and upgrades, curb and gutter repairs, sign reflectivity, road and parking signage, resurfacing of roads or other existing hardscape areas.

(3) Emergency repair projects.

(4) Cyclical replacement and repair of trails, outdoor furnishings, or fencing.

(5) Studies.

(6) Roof replacement.

(7) Mechanical, security, A/V equipment, HVAC, and IT installations, upgrades and repairs.

(8) Art in public places CIP.

(9) Utilities projects, except where the project includes construction or reconstruction of a building.

(10) Vehicle repair and replacement.

(11) Seismic upgrades and waterproofing.

(12) Projects where the majority of the cost is allocated to elements located underground.

(13) Projects where prohibited by federal or state law, including projects or portions of projects funded by grants from non-city sources that prohibit expenditure of funds for art.

(b) Nothing in this section is intended to prohibit the city council from adopting an ordinance or resolution establishing a public art contribution for any project otherwise excluded from this policy or setting the public art contribution for any project at greater than one percent of the CIP budget.

(c) Funds shall be deposited into the public art fund. The city manager or designee, in consultation with the public art commission, as appropriate, shall determine public or publically-accessible sites for art funded by the one percent for art policy. Funds may be expended on public art at any appropriate site within the city. Funds from two or more CIP projects may be pooled to fund a single work of art. Funds may be used for permanent or temporary public art. The city manager shall establish procedures to administer this policy, including procedures for selecting sites, artists and art works.

(d) The city manager may adopt administrative regulations to implement this section.

(Ord. 5301, 2015)