A. The City will allow the de-accessioning of artwork acquired or commissioned through the Art in Public Places Program only when it is in the public interest and serves as a means of improving the quality of the overall APPP collection;
B. De-accessioning should be considered only after five (5) years following the acceptance of artwork donated to the City or the installation of permanent art commissioned through the APPP. The need for temporary removal from public display does not necessitate de-accession. In instances where the artwork considered for de-accession is on private property, the Cultural Affairs Commission shall make the final decision. When the artwork is installed on public property or is City-owned, the Cultural Affairs Commission shall make a recommendation to the City Council which will make the final decision.
C. After de-accession has been approved by the Cultural Affairs Commission or the City Council, if the artwork is sold, all proceeds from sale of artwork, minus payment to the artist under California Resale Royalties Act, will be used for the exclusive purpose of acquiring replacement artwork for the site or be paid into the Cultural Trust Fund. If the artwork was on private property, the then property owner shall replace the de-accessioned artwork with an artwork of equal or greater value or pay an in-lieu fee equivalent to the cost of the artwork to the Cultural Trust Fund.
D. Circumstances that may cause review of artwork for de-accessioning:
1. The artwork is a threat to public safety, or the condition/security of the work cannot be guaranteed;
2. The owner cannot properly care for the artwork, or the artwork requires an excessive or unreasonable amount of maintenance;
3. The artwork has serious or dangerous faults in design or workmanship, the condition of the artwork requires restoration costs in gross excess of its monetary value or is in such a deteriorated state that restoration is either unfeasible, impractical, or would render the artwork to be false;
4. A similar but superior example exists in the collection;
5. The artwork is a forgery;
6. No suitable site for the artwork is available;
7. A significant adverse reaction to the artwork is documented over five (5) years or more;
8. The artwork is judged to have no aesthetic, historical or cultural value;
9. The owner wishes to replace an artwork with a more appropriate work by the same artist;
10. The artwork can be sold to finance, or can be traded for, an artwork of greater importance;
11. A written request from the artist to remove the artwork from public display has been received and approved by the City;
12. The artwork is not or is rarely displayed; or
13. The artwork is incompatible with the rest of the collection.
(Ord. No. 2013-003 § 1 (part))