Ventura Municipal Code § 4.610.100 Severability

17 Editor’s note(s): Ord. No. 99-15, § 1, adopted June 21, 1999, changed the title of Chapter 4.610 from “Art in Public Places Program” to “Public Art Program.”

Cross reference(s) – Arts and culture commission, Chapter 2.470.

The city council of the city of San Buenaventura accepts responsibility for expanding the opportunities for its citizens to experience public art and other projects resulting from the creative expression of artists in public places throughout the city. The city further recognizes the substantial economic benefits to be gained through aesthetic enhancement of its public spaces and consequent retail activity throughout the city. A policy is hereby established to direct the inclusion of works of art in public spaces throughout the city and/or the design services of artists in certain city capital improvement projects. (Code 1971, § 1820.1; Ord. No. 2000-05, § 1, 2-8-00)

The following terms are defined for the purpose of this chapter:

“Annual projects plan” means a prioritized list of arts projects developed by the public art supervisor in conjunction with the appropriate city departments and in consultation with the public art commission to be approved by the city council concurrent with the capital improvement plan and budget.

“Eligible capital improvement project” means any capital improvement paid for wholly or in part by funds appropriated by the city of San Buenaventura to construct or remodel a building, decorative or commemorative structure, park, street, sidewalk, parking facility, or utility or any portion thereof, within the city limits of, or under the jurisdiction of, the city of San Buenaventura. Specifically excluded from this definition are street resurfacing and water and sewer line replacement projects.

“Eligible capital improvement project budget” means project appropriations, including land acquisition, contracted planning and design services, construction, contracted construction management services and capital equipment, but not including legal fees, demolition, soils remediation, and portable equipment of standard manufacture.

“Public art fund” means a fund established for the purpose of tracking the public art program that will consist of specific accounts established according to fund source and can include sources other than the capital improvement plan as may be appropriate.

“Public art projects” involve all necessary tasks associated with the selection of sites for artworks through their design, construction and installation.

“Public art supervisor” means either a contract consultant hired for this purpose, the position of public art supervisor, or the city manager or designee.

“Public artworks” means enduring original works of public art. The art should be integral to both the location and the associated work of other design professionals. They should contribute to a sense of place and enhance the quality of life in the city by contributing to its unique identity. The works of art should be of the highest quality and engage one’s mind and senses. They should be of a lasting nature, but may incorporate such transitory design elements as light, sound, odor and touch. While they are the creation of an artist, the artworks may rely on natural forces and human interaction to be fulfilled. The artworks may be permanently sited or be portable, and may serve as venues for various performing and cultural art forms. (Code 1971, § 1820.2; Ord. No. 99-15, § § 1, 2, 6-21-99; Ord. No. 2000-05, § 1, 2-8-00)

A. Appropriations. As part of the annual capital improvement plan budget, the city council will appropriate within each project two percent of each eligible capital improvement project for public art. Public art monies will be transferred to the public art fund each time a contract for any portion of the overall eligible capital improvement project is approved. The two percent will be based upon the approved contract amount. Further adjustments will not be made if the project’s completion produces a final cost that is different from the council’s initial award of contract.

B. Pooling. Funds appropriated for the public art program through a two percent dedication from any one capital improvement project, but not deemed necessary or appropriate to be expended in total or in part for public art at said project site, may be expended on other projects approved under an annual projects plan when such funds are eligible to be so used.

C. Exclusions. If the source of funding or other applicable law or regulation with respect to any particular capital improvement project or portion thereof prohibits or restricts the use of the two percent dedication of such funds for art in public places, this chapter shall not apply to those funds so prohibited or restricted.

D. Grant Applications. All city departments shall, from the effective date of the ordinance codified in this chapter, include in applications to outside granting authorities for capital improvement projects which will include site-specific artwork, amounts for artists’ services and/or artworks as specified herein, where permitted or unless otherwise waived by the city council. Receipt of such funds shall be administered as part of the city’s public art program.

E. Waiver. The city council may exclude certain capital improvement projects or budgeted portions thereof from the provisions of this chapter by passage of an authorizing motion. (Code 1971, § 1820.3; Ord. No. 99-15, §§ 1, 4 – 6, 6-21-99; Ord. No. 2000-05, § 1, 2-8-00; Ord. No. 2012-015, § 2, 6-18-12; Ord. No. 2014-008, § 2, 7-21-14; Ord. No. 2018-012, § 2, 6-18-18; Ord. No. 2022-008, § 2, 6-27-22)

Editor’s note(s): Section 2 of Ord. No. 2012-015, adopted June 18, 2012, suspended the public arts appropriations, with respect to water and wastewater funds, for a period of two years.

Subsequently, Section 2 of Ord. No. 2014-008, adopted July 21, 2014, suspended the public arts appropriations for a period of four years.

Section 2 of Ord. No. 2018-012, adopted June 18, 2018, suspended the public arts appropriations, with respect to the water and wastewater funds, for an additional period of four years.

Section 2 of Ord. No. 2022-008, adopted June 27, 2022, suspended the public arts appropriations, with respect to the water and wastewater funds, for an additional period of four years.

A. Monies appropriated under this chapter may be used for hiring artists to develop design concepts and for the selection, acquisition, purchase, and commissioning of public artworks. Artist fees may also include the following:

1. Structures which enable the display of artwork(s).

2. Artistic design and fabrication fees.

3. Labor of assistants, materials, and contracted services, including engineering, required for the production and installation of the work of art.

4. Any required permit or certificate fees, business and legal costs directly related to the project.

5. Dealer’s fees of up to 15 percent of the artist’s fee to be paid as a dealer or gallery commission, if necessary and where appropriate.

6. Communication and other indirect costs (insurance, utilities, travel and per diem expenses).

7. Transportation of the work of art to the site.

8. Preparation of site to receive artwork.

9. Installation of the completed work of art.

B. Monies appropriated under this chapter may be used for operating costs of the public art program, but in no event should such costs exceed 20 percent of the public art fund. Eligible costs may include the following:

1. Costs incurred in the process of managing the public art program including staff time, direct costs and overhead.

2. Documentation (color slides and black and white photographs) of the artwork’s fabrication and installation and plaques to identify the artwork.

3. Costs to maintain and refurbish public art when the cost of such maintenance exceeds funds currently available for the maintenance of public property in general.

4. Other expenses which are, or may become, an integral part of the public art program, including community educational activities and public dedications of completed artworks.

C. Monies appropriated under this chapter shall not be used for the following:

1. Directional elements such as supergraphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions.

2. “Art objects” which are mass produced of standard design such as playground equipment or fountains.

3. Reproduction, by mechanical or other means, of original works of art, except in cases of film, video, photographs, printmaking or other media arts.

4. Decorative or functional elements, or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect.

5. Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist. (Code 1971, § 1820.4; Ord. No. 99-15, §§ 1, 5, 6-21-99; Ord. No. 2000-05, § 1, 2-8-00)

A. Funds appropriated to the public art fund within each capital improvement fund, if not expended in any given fiscal year, shall be carried over to the next fiscal year. Funds appropriated from sources placing time restrictions on expenditure of such funds shall be expended according to such restrictions. Funds in the public art fund shall be used solely for the public art program.

B. Disbursements from the public art fund shall be made in accordance with the annual projects plan adopted by the city council as part of the capital improvement program and budget. (Code 1971, § 1820.5; Ord. No. 99-15, §§ 1, 5, 6-21-99; Ord. No. 2000-05, § 1, 2-8-00)

The public art supervisor and appropriate city departments, in consultation with the public art advisory committee, shall review all ongoing and new capital improvement projects from any eligible funds, grants and other sources at least once a year. An annual projects plan, including project descriptions, budgets, locations, and recommended design approaches, will be submitted to the city council for approval and implementation as part of the annual capital improvement program and budget process. (Code 1971, § 1820.6; Ord. No. 99-15, §§ 1, 3 – 5, 6-21-99)

A public art commission will be appointed by and be advisory to the city council. The commission will provide general oversight of the public art program, its projects, the sites, project scopes, artworks, and artists for public art projects. For purposes of this section, the public art commission shall be the city’s arts and culture commission unless otherwise designated by ordinance or resolution of the city council. (Code 1971, § 1820.7; Ord. No. 99-15, § 7, 6-21-99; Ord. No. 2021-014, § 10, 12-13-21)

All art objects acquired by monies appropriated pursuant to this chapter shall be acquired in the name of the city of San Buenaventura and title shall vest in the city of San Buenaventura. (Code 1971, § 1820.8)

This chapter shall apply to all existing and future capital improvement projects that begin construction on or after July 1, 1992. (Code 1971, § 1820.9)

Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter be declared unconstitutional or invalid for any reason, such declaration shall not affect the validity of the remaining portions of this chapter. (Code 1971, § 1820.10)