(A) An application for donation of a public artwork to the city, or for installation of a public artwork on private property, shall be filed with the City Manager prior to the issuance of a grading or building permit for the development project. The application shall be made on a city-provided form and shall contain:
(1) An appraisal by an independent, qualified art appraiser or other evidence of the artwork value satisfactory to the City Manager.
(2) If the proposed public artwork is not listed in the city's public artwork catalogue, then the application shall include the following:
(a) Preliminary sketches, photographs, models or other documentation of sufficient descriptive clarity to indicate the nature of the artwork.
(b) The resume of the artwork's creator.
(3) If the application is for donation, then the application shall include the following:
(a) A City Attorney-approved written statement executed by the artwork's creator waiving such person's rights under the Visual Artists Rights Act of 1990 (17 U.S.C. 101 et seq.), Cal. Civil Code § 1542 and equivalent laws.
(4) If the application is for installation, then the application shall include the following:
(a) Preliminary plans of sufficient descriptive clarity to indicate the compatibility of the artwork with the development project, adjacent parcels and the surrounding neighborhood.
(b) A written statement explaining how the artwork will be publicly accessible.
(5) Any other information requested by the City Manager to enable reasonable evaluation of the application including review by the City's Risk Manager.
(B) Each application for the installation of an artwork on private property shall be reviewed initially by the Committee which shall make a recommendation thereon to the City Council. The Committee shall be an advisory body only, and the City Council shall be the final decision-maker on all applications. The City Council may accept or reject a proposed public artwork in its absolute discretion based on its aesthetic judgment. Notwithstanding the foregoing, if the public artwork proposed to be installed is listed in the city's public artwork catalogue, the City Manager may approve the application, with a right of appeal to the City Council.
(C) Each application for the donation of an artwork to be placed on City property, or for the purchase of an artwork with revenue from the Art in Public Places Fund, shall be reviewed initially by the Committee which shall make a recommendation thereon to the City Council. The Committee shall be an advisory body only, and the City Council shall be the final decision-maker on all applications. The City Council may accept or reject a proposed public artwork in its absolute discretion based on its aesthetic judgment. Notwithstanding the foregoing, if the public artwork proposed to be donated or purchased is listed in the city’s public artwork catalogue, the City Manager may approve the application, with a right of appeal to the City Council.
(D) An approved public artwork shall be delivered to the city or installed on private property prior to issuance of an occupancy permit for the development project.
(E) Prior to installing a public artwork on private property to satisfy the public artwork requirement, the property owner shall execute and record with the County Recorder a City Attorney-approved covenant. Such covenant shall require the property owner and successors thereof to do the following:
(1) Keep the public artwork appropriately maintained.
(2) Allow city representatives to enter upon the property upon reasonable written notice to perform necessary repairs to the public artwork at the property owner's expense when the public artwork is not appropriately maintained.
(3) Indemnify, defend and hold harmless the city, its officers, employees and agents from any claim, demand, damage, liability, loss, cost or expense attributable to the public artwork.
(Ord. 2004-03 § 2 (part), 2004; Ord. 2004-20 § 5, 2004; Ord. 2008-08 § 5, 2008)