Chapter 3.21 — VISUAL ART IN PUBLIC PLACES

Footnotes: --- (8) ---

Editor's note— Ord. No. 1063 N.S., § 10, adopted Oct. 16, 2018, states "this chapter is currently not in effect, per council policy. No change is recommended, however, as the council may, in the future, bring it back into effect."

This chapter shall be known as the "Visual Art in Public Places Program of the City of El Paso de Robles." The public health, morals, safety and welfare, as well as the popularity and prosperity of the community, are dependent upon and enhanced by visually pleasing and high quality public art. Therefore, the city council declares that in the interest of the public health, morals, safety and welfare, it is the policy of the city to acquire and install public art works as provided in this chapter.

(Ord. 897 N.S. § 1 (part), 2005)

The following words and expressions when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them as follows:

A.

"Visual art in public places" or "public art" means any visual work of art displayed in a publicly visible location in a city-owned area.

B.

"Works of art" include, but are not limited to, ornamental landscaping, sculpture, monument, mural, fresco, bas-relief, mobiles, photography, drawing, handcrafts, painting, fountain, landscape composition, banners, mosaic, ceramic, weaving, carving and stained glass. "Works of art" are the creative result of individual or group effort, and are either

unique or of limited-issue nature, and are normally not mass-produced or intended primarily for a commercial market. "Works of art" do not normally include landscaping, paving, architectural ornamentation or signs.

C.

"Construction project" means any project listed in the city's capital improvement program, and paid for in whole or in part by the city for public benefit. Construction projects include, but are not limited to, building construction, building addition, building remodel, parks, plazas, creek improvements, flood protection projects, bridges, streets, sidewalks, bikeways, trails, other public transportation improvements, parking facilities and similar public facilities as determined by the community development director.

D.

"Construction cost" means the cost in dollars to construct a capital construction project, as approved by the city council or the city administrative officer. "Construction cost" shall not include land acquisition, design or maintenance costs.

E.

"Committee" means the city of El Paso de Robles parks and recreation advisory committee.

(Ord. 897 N.S. § 1 (part), 2005)

A.

All city department heads shall include in all estimates of necessary expenditures and all requests for authorization or appropriations for construction projects, an amount for works of art equal or at least one percent of the total cost of any such construction project as estimated in the capital improvement program for the year in which such estimate or request is made. If the source of funding or other appropriate law with respect to any particular project precludes art as an object of expenditure of funds, the amount of funds so restricted shall be excluded from the total project cost in making the aforesaid calculation.

B.

The city council may make appropriations for works of art to be selected and implemented by the committee in connection with construction projects as provided in this chapter.

C.

For small construction projects, or construction projects in which the city council or city administrative officer determines that it is not feasible or desirable to include works of art due to site limitations or the project's location or design, the city council may appropriate one percent of their construction cost to the "public art fund" established in Section 3.21.050 for works of art to be selected and implemented by the commission as provided in Sections

The following types of projects are exempt from this chapter:

A.

Utility projects, such as public water or sewer system improvements, pumps and wells;

B.

Underground projects, such as storage tanks and storm drains and similar items.

(Ord. 897 N.S. § 1 (part), 2005)

There is established a special fund designated "public art fund" into which funds appropriated pursuant to this chapter shall be deposited. The public art fund shall be maintained by the director of administrative services and shall be used solely for the acquisition, commission, design, installation, improvement, maintenance and insurance of public art.

(Ord. 897 N.S. § 1 (part), 2005)

Guidelines for the approval and maintenance of works of art shall include, but are not limited to, the following criteria:

A.

The works of art shall be clearly visible and easily accessible to the public.

B.

The composition of the works of art shall be of permanent-type materials in order to be durable against vandalism, theft, and weather, and in order to require a low level of maintenance.

C.

The works of art shall be related in terms of scale, material, form, and content to immediate and adjacent buildings and landscaping so that it complements the site and surrounding environment.

D.

The works of art shall be compatible with the unified design character or historical character of the site.

E.

The works of art shall be designed and constructed by persons experienced in the production of such art work and recognized by critics and by his or her peers as one who produces works of art.

F.

The works of art shall be maintained in a neat and orderly manner acceptable to the city.

The following items are not to be considered works of art for the purposes of this chapter:

A.

Art objects which are mass produced from a standard design;

B.

Reproductions of original art works;

C.

Decorative, ornamental or functional elements which are designed by the building architect as opposed to an artist commissioned for the purpose of creating the works of art;

D.

Services or utilities necessary to operate or maintain the works of art.

(Ord. 897 N.S. § 1 (part), 2005)

To carry out its responsibilities hereunder, the committee shall:

A.

At least annually, make recommendations to the city council on the expenditure of funds in the "municipal arts fund."

B.

Determine a method or methods of recommending the selection and commissioning of artists with respect to the design, execution and placement of works of art for which appropriations have been made, and pursuant to such method or methods recommended to the city council selection of artists by contract for such purposes.

C.

Recommend to the city council the specific location and/or amounts to be expended on works of art.

D.

Require that any proposed work of art requiring extraordinary operation or maintenance expenses be brought to the city council's attention.

E.

Recommend the placement of works of art consistent with the provisions of Section 3.21.080.

F.

Prior to payment for works of art, review such works to report on the conformity of the finished work with the approved plans or other documents describing the work of art to be carried out.

(Ord. 897 N.S. § 1 (part), 2005)

Works of art selected and implemented pursuant to the provisions of this article and any amendment thereto may be placed in, on or about any municipal construction project or other municipally owned, leased or rented property. They may be attached or detached within or about such property, and may be either temporary or permanent. Placement of works of art shall be authorized by the city council after a report of the committee.

(Ord. 897 N.S. § 1 (part), 2005)

The city clerk shall schedule the public art program for city council review within one year of the date this chapter goes into effect. At such review, the council may modify or suspend the program.

(Ord. 897 N.S. § 1 (part), 2005)

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Editor's note— At the city council meeting on June 20, 2006, the council moved to designate the visual arts in public places program as a permanent program and to continue to accumulate funds for arts projects. The motion passed by roll call vote.