Chapter 12.80 PUBLIC ART PROGRAM

Chapter 12.80
PUBLIC ART PROGRAM

Sections:

12.80.010 Intent and Purpose.

12.80.040 Public Art Program Administration.

12.80.010 INTENT AND PURPOSE.

The city council of the city of Santa Cruz accepts responsibility for expanding the opportunities for its citizens to experience public art and for the enhancement of the city’s public spaces with works of art. The city further recognizes the substantial economic benefits to be gained through the aesthetic enhancement of its public spaces. A program 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.

(Ord. 98-12 § 1 (part), 1998).

12.80.020 DEFINITIONS.

As used in this chapter the following terms shall have the following definitions:

(a) “Eligible capital improvement project” means any capital improvement paid for wholly or in part by funds appropriated by the city to construct or remodel any building, decorative or commemorative structure, parking facility, park, highway or arterial, road beautification, bridge or pedestrian overpass, beach restoration, sidewalk, bikeway, or above-grade utility. Specifically excluded from this definition are street resurfacing or below-grade utilities. Remodel shall include any projects that are purely maintenance or restoration in nature.

(b) “Eligible construction costs” shall mean the entire project budget, excluding land acquisition, demolition, soils remediation or hazardous materials removal and legal costs.

(c) “Public art” includes original works of art in any medium created for placement in public places, or integrated projects where the artwork is a part of the underlying architecture, landscape design or site. This term does not include items of standard manufacture.

(d) “Annual public art plan” means a prioritized list of public art projects to be approved by the city council concurrent with the adoption of the annual CIP budget, and developed by the public art coordinator in coordination with the various city departments and in consultation with the public art committee.

(e) “Public art committee,” as used in this chapter, means and refers to the city of Santa Cruz arts commission.

(f) “Public art coordinator” shall mean the person responsible for the day-to-day implementation of this chapter. The coordinator may be a contract consultant, a permanent city staff person if authorized by the city council, or the city manager or designee.

(Ord. 2009-06 § 1, 2009: Ord. 2007-06 § 1, 2007: Ord. 2000-02 § 1, 2000: Ord. 98-12 § 1 (part), 1998).

12.80.030 FUNDING.

(a) Appropriations for city capital improvement projects, including eligible bond projects, eligible grant-funded projects and other eligible capital projects funded from other sources, shall include an amount equal to two percent of the total eligible construction costs, to be used for artist design services and for the selection, commission, acquisition and display of artworks, for related education programs, for the maintenance of city artworks, and for the administration of the public art program. Bond funds shall be appropriated and accounted for in the respective bond capital project accounts.

(b) Once appropriated by the city council, public art moneys shall be transferred by the city manager or his or her designee, into a separate account, designated the public art fund. In addition to receiving moneys for city public art, this fund shall also be authorized to accept gifts, grants and donations made to the city for works of art. This fund shall be automatically carried over from year to year unless specifically terminated by the city council. Expenditures from this account shall be made in accordance with the annual public art plan through appropriations approved by council for each public art project.

(c) Funds appropriated for one capital improvement project, but not deemed necessary or appropriate by the arts commission in whole or in part for that project, may be expended on other public art projects approved under the annual public art plan, subject to any legal or grant restrictions. The moneys appropriated under this chapter may be used for artist design services, for the development of design concepts and models, for the selection, acquisition, purchase, commissioning, placement, installation, exhibition, and display of artworks. Artworks may be temporary or permanent, may be integral to the architecture or may be incorporated into the city construction project. Integration of the artists’ design concepts into the project architecture should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the architect or project designer.

(d) In the case of any city capital project which involves the use of grant or city bond proceeds issued after the effective date of this chapter, amounts for artist design services and artworks described in this chapter shall be used for projects and capital purposes consistent with applicable state and federal laws. All capital improvement project bond ordinances, resolutions, or grant applications approved after the effective date of this chapter shall make specific reference to the provisions of this chapter.

(e) Unless restricted by the city council, any applicable bond resolution or ordinance, local, state or federal law, or the conditions of a granting authority, moneys generated under this chapter may be pooled by the council and expended for any public art and design project in the city, subject to inclusion in the annual public art plan. There shall be no general requirement that moneys be expended on the specific projects that generated the moneys. Pooled moneys may be used as seed money for artists’ fees to initiate partnerships with private and other public entities to provide public art and aesthetic enhancements in the city.

(f) All city departments shall, from the effective date of this chapter, include in all applications for funding for capital improvement projects to outstanding granting organizations or governmental agencies, in an amount equal to two percent of eligible construction costs for artist design services and artworks as specified herein, unless the granting agency precludes an application for such funding. Notwithstanding this provision, the director of the redevelopment agency may, after consultation with the arts commission, propose an exemption or reduction in the two percent art requirement, where the imposition of that requirement would impose an unnecessary burden on the redevelopment project. Exemptions or reductions of the two percent requirement shall be reviewed and approved by the city council.

(g) 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.

(h) The minimum amount to be appropriated for artist design services and artworks shall be the total eligible construction costs multiplied by 0.02. This calculation shall be made by the city division or department, in consultation with the public art coordinator, prior to the time of the appropriation for the city’s capital plan.

(i) An amount up to fifteen percent of the eligible public art allocation (which is 0.003 of the total eligible construction costs) may be used for project support and community participation activities. This may include staffing, artist selection-related costs, identifying plaques, insurance, project consultants, design/proposal/maquette costs, documentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program.

(j) An amount up to ten percent of the eligible public art allocation (which is 0.002 of the total eligible construction costs) may be set aside in a separate account within the public art fund for curatorial services and the preservation and maintenance of city artworks. The arts commission may require that any artworks needing extraordinary operations or maintenance costs be reviewed by the appropriate city department director prior to recommendation to the city council. The arts commission may also be responsible for conducting an insurance and maintenance survey, updated at least every five years, of the condition of city artworks. This survey may include a condition report on each work, prioritized recommendations for the restoration or repair and maintenance of artworks, and estimated costs. Such repair and maintenance may comply with any contractual obligations which may have been entered into by the city in the acquisition of the artworks. Expenditures of moneys in the art maintenance and project support accounts may be annually recommended by the arts commission and included in the annual budget submitted to the city council.

(Ord. 98-12 § 1 (part), 1998).

12.80.040 PUBLIC ART PROGRAM ADMINISTRATION.

(a) The public art coordinator shall work with the various city departments to develop the annual public art plan, which shall be created in consultation with the public art committee. In developing this plan, all ongoing and new capital improvement projects shall be reviewed for their appropriateness for public art treatment. The annual public art plan shall describe in detail each proposed public art project for the upcoming year, with proposed budgets, artwork locations, project schedules and recommended design approaches. This plan will be reviewed and amended as appropriate by the arts commission prior to submittal to the city council for final approval. The annual public art plan shall be submitted to the city council concurrently with the annual capital improvement program budget submission to the city council.

(b) The public art committee shall have responsibility for the oversight of the public art program. This committee shall consult in the development of the annual public art plan, develop each public art project including appointing selection panels for public art projects, reviewing recommended artists and artwork proposals, recommending artworks and artists to the arts commission and monitoring the progress of public art projects, working with the public art coordinator.

(Ord. 98-12 § 1 (part), 1998).