Guidelines for the approval and maintenance of artworks shall include but are not limited to the following criteria:
(A) Location of the artwork shall be in an area on public or private property that is publicly accessible, allowing unobstructed and unrestricted access to the artwork.
(B) The artwork shall be constructed of permanent materials requiring a low level of maintenance.
(C) The following do not meet the criteria to be considered as an art piece in the Heritage Artwork in Public Places Program and, therefore, are unacceptable:
(1) “Art objects” which are mass produced or of standard design, such as functional equipment, fountains, or statuary objects.
(2) Reproductions or replicas, by mechanical or other means, of original works of art except in the cases of film, video, photography, printmaking or other media arts.
(3) The architecture of the building or facility, or any portion thereof, including decorative, ornamental, or functional elements unless designed by a qualified artist specifically commissioned for this purpose.
(4) Landscape architecture and landscape gardening, except where these elements are designed by an artist specifically commissioned.
(5) Directional elements such as super graphics, signage, or color coding.
(6) Services or utilities necessary to operate or maintain the public art over time.
(D) Expressions of obvious bad taste or profanity, which would likely be offensive to the general public, are unacceptable.
(E) The artwork shall be in substantial compliance with any Heritage Artwork in Public Places policies, implementation procedures, and developer guidelines adopted by the HAAC and City Council.
(F) The continued maintenance of the artwork shall be the responsibility of the developer or its successors throughout the lifetime of the artwork, unless otherwise negotiated and approved by the City Council.
(1) The developer shall enter into a covenant obligating the developer or successors in interest to maintain the artwork over the life of the artwork unless otherwise negotiated and approved by the City Council.
(2) In the event the developer of the property wishes to remove on-site art work, the city must be notified in writing prior to its removal. The developer shall be required to replace the artwork with an artwork of equal value to the acquisition value or current value as determined by an independent art appraiser, whichever is greater. The replacement artwork shall be subject to the same artwork selection process as the original artwork. The developer shall be required to notify the artist prior to removal pursuant to the requirements of the California Preservation of Works of Art Act and the Federal Visual Artists Rights Act (VARA).
(3) If the artwork is removed, stolen or destroyed beyond repair, the owner shall be responsible for the replacement of the artwork or must pay an amount equivalent to the original requirement into the Fund.
(G) The HAAC shall ensure the regular review of all artwork in the collection. The Committee shall ensure the inspection of the condition of each piece for any damage and maintenance problems, including lighting and landscaping of the piece. Current property owners shall be informed of the Committee’s findings and recommendations.
(Ord. 909, passed 4-27-00; Am. Ord. 1018, passed 10-28-10; Am. Ord. 1054, passed 3-13-14)