§ 36.390

The purpose of the public art program is to promote cultural experiences, increase economic development, and enhance the general welfare and quality of life in the community. The public art program will achieve this purpose through the exhibition of high quality artwork and the creation of programs that promote art to the general public. (Ord. No. 2325 § 1 (part), 2018.)

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

A. “Artwork” means an original creation of physical art by an artist; and includes but is not limited to a fountain, mobile, mosaic, mural, painting, sculpture, or tapestry. Artwork may be realized through media including but not limited to bronze, ceramic tile,

concrete, stained glass, steel, or wood. An artwork shall not include objects that are mass produced with a standard design, signage, or landscape gardening.

B. “Building valuation” means the value computed by the Building Official using the latest building valuation data as set forth by the International Conference of Building Officials.

C. “Development project” means a new residential development of four or more units, a new commercial or industrial building project with a building valuation exceeding $500,000 as determined by the Building Official, any remodeling project of an existing commercial or industrial building, and any residential building of four or more units or complex of four or more units when the nonexempt portion of the remodeling project has a building valuation exceeding $250,000 as determined by the Building Official.

D. “Public art development fee” means a fee paid to the City’s public art fund by a development project applicant in an amount equal to one and one-half percent of the total building valuation for the project excluding land acquisition, off-site improvement expenses, interior improvements, parking facilities, and public facilities.

E. “Public art” means any artwork installed on private property in a publicly accessible location as established by the public art program or artwork displayed on City-owned facilities.

F. “Publicly accessible” means located on an area open to the general public and clearly visible from an adjacent public property such as a sidewalk or street. (Ord. No. 2325 § 1 (part), 2018.)

City-owned facilities that are publicly accessible during regular business hours or that are visible from the public right-of-way are eligible for the display of public artwork. Any art proposed to be donated or installed in or on City-owned facilities will be reviewed by the Public Art Commission. (Ord. No. 2325 § 1 (part), 2018.)

The City’s Finance Director shall establish a depository hereunder for the public art development fee within a designated public art fund specifically for said fees to account for any fees for the public art program paid pursuant to this chapter. The public art fund shall be accounted for separately and shall not be used for general governmental purposes. The public art fund shall be maintained by the City Finance Director, and shall be allocated as follows:

A. Eighty percent solely for project costs, including fees for design, acquisition, commissioning, placement, installation, exhibition, improvement, maintenance, and insurance of public artwork.

B. Twenty percent for administrative costs, including project administration, staff time, artist selection, design, drawing, maquette, community education, insurance, maintenance, curatorial services, identifying plaques, documentation, and publicity. (Ord. No. 2325 § 1 (part), 2018.)

Projects to be funded from the designated public art fund shall consist of artwork placed in public places or incorporated into public buildings, art education programs, public art display programs or performances, or the allocation of space such as a civic gallery or theater space as recommended by the Public Art Commission and approved or accepted by the City Council. (Ord. No. 2325 § 1 (part), 2018.)

The Public Art Commission, as appointed by the City Council, shall review procedures for the selection of locations of public art displays, art to be purchased or commissioned for display, review and approval of proposed public art work, and for the selection of public performers on behalf of the City’s public art program. (Ord. No. 2325 § 1 (part), 2018.)

All artwork purchased or created from the public art fund shall become the property of the City upon acceptance by the City Council. (Ord. No. 2325 § 1 (part), 2018.)

Division 36.395. Public Art Development

Sections:

36.395.010 Percentage for Public Art for Development Projects.

36.395.020 Exempt Developments.

36.395.030 Allocation.

36.395.040 Satisfaction of Requirement.

36.395.050 Public Art Consultant.

36.395.060 Public Art Concept Approval Process.

36.395.070 Public Art Final Approval Process.

36.395.080 Ownership and Maintenance Cost of On-Site Public Art.

36.395.090 Removal or Alteration of Public Artwork on Private Property.