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(a) Recognizing that professional expertise is necessary and desirable in artistic matters, such as the selection of artists for a project, the selection of particular works of art, and the approval of designs and plans for works of art under the visual art in public places program, it is a policy that:
(1) Decisions on artistic matters will be made by city staff and the public art commission;
(2) The city council will not exercise its independent judgment on artistic matters unless the city council requests that the matter be agendized for its review;
(3) Unless the city council determines to exercise its independent judgment as provided above, sketches, designs, photographs, precise plans, art examples, and similar items on artistic matters will not be transmitted to the city council as a matter of course in conjunction with projects before the city council;
(4) The city council will refer questions, suggestions, requests, complaints, and similar items pertaining to the visual art in public places program to city staff and the public art commission for their review and response.
(Ord. 3888 § 7, 1989: Ord. 2892 § 2 (part), 1975)
(a) It shall be city policy to set aside one percent (1%) of its annual capital improvement program (CIP) budget, as defined in the section, for the purpose of providing for public art. Except as provided in this section, all CIP projects shall be subject to this policy, including but not limited to buildings, shelters, parking garages and lots, restrooms, small structures, parks, medians, landscaping, plazas, gateways, bridges, walls, tunnels, and street and road construction. Salaries and benefits of public employees supporting CIP projects shall not be included in the CIP budget subject to this ordinance.
The following CIP projects are excluded from this policy:
(1) ADA compliance projects (not including projects where ADA compliance is a portion of a larger project).
(2) Road, path and sidewalk repairs, including: traffic signals and upgrades, curb and gutter repairs, sign reflectivity, road and parking signage, resurfacing of roads or other existing hardscape areas.
(3) Emergency repair projects.
(4) Cyclical replacement and repair of trails, outdoor furnishings, or fencing.
(5) Studies.
(6) Roof replacement.
(7) Mechanical, security, A/V equipment, HVAC, and IT installations, upgrades and repairs.
(8) Art in public places CIP.
(9) Utilities projects, except where the project includes construction or reconstruction of a building.
(10) Vehicle repair and replacement.
(11) Seismic upgrades and waterproofing.
(12) Projects where the majority of the cost is allocated to elements located underground.
(13) Projects where prohibited by federal or state law, including projects or portions of projects funded by grants from non-city sources that prohibit expenditure of funds for art.
(b) Nothing in this section is intended to prohibit the city council from adopting an ordinance or resolution establishing a public art contribution for any project otherwise excluded from this policy or setting the public art contribution for any project at greater than one percent of the CIP budget.
(c) Funds shall be deposited into the public art fund. The city manager or designee, in consultation with the public art commission, as appropriate, shall determine public or publically-accessible sites for art funded by the one percent for art policy. Funds may be expended on public art at any appropriate site within the city. Funds from two or more CIP projects may be pooled to fund a single work of art. Funds may be used for permanent or temporary public art. The city manager shall establish procedures to administer this policy, including procedures for selecting sites, artists and art works.
(d) The city manager may adopt administrative regulations to implement this section.
(Ord. 5301, 2015)