This chapter outlines the city's approach to public art in public and private development. This chapter encourages public and private developers to include public art in their projects.
(Ord. 1023 § 5, 2021)
A.
The city has formed an arts commission to encourage, stimulate, promote and foster programs for the cultural enrichment of the city and its inhabitants. The city accepts the responsibility for expanding the experience with visual art. Such art has enabled people in all societies to better understand their communities and individual lives. Therefore, a policy is established to require the inclusion of art in public capital projects and private construction and development projects.
B.
In the commissioning and approval of public art projects, through the establishment of a city public art collection, and/or in the establishment of a city art gallery, the public art should be in harmony with the city's heritage, vision, and/or opportunity. Public art should strive to say "this is Brentwood."
E.
Relating "opportunity" to public art can mean:
1.
Work that provides interaction with people;
2.
Work that provides interaction with the place it is located;
3.
Work that can be placed in a key location in the community;
4.
Work that has a broad geographic distribution in the city to increase exposure;
5.
Work that is a part of a collection in a city art gallery that encourages local artists from the Brentwood area.
(Ord. 1023 § 5, 2021)
A.
Percent for Public Art. When a project is subject to the provisions of this chapter, the options are as follows:
1.
Acquire and install artwork in public places on or in the vicinity of the project site, as approved by the city council. The cost or value of such art should be as per resolution of the city council.
2.
Pay in-lieu contribution for acquiring and installing an artwork project by contributing to the city municipal art fund as per resolution of the city council.
B.
Eligible Projects. Residential subdivisions or more than four lots or units of any nature, including the repair and remodeling and renovation of same with a value as per resolution of the city council. City capital improvement program such as bridges, viaducts, elevated ways, gates and other structures owned by the city within the city with a value as per resolution of the city council.
C.
Exempt Projects. All underground projects, utility projects, seismic upgrades, mechanical and electrical work, and construction due to fire or other natural causes.
D.
Eligible Costs. Acquisition of artwork and staff and consultant costs associated with the acquisition and installation of the artwork, artist and design fees, artist travel and hotel expenses, the transportation and installation of artwork, lighting, landscaping directly associated with the artwork and identification plaques. Plus all costs directly related to utility relocation, site preparation and repairs and staff time associated with the installation of the artwork.
E.
Non-Eligible Costs. Landscaping and public works and staff costs not directly associated with the artwork.
F.
Method of Calculation. The minimum amount to be appropriated to the municipal arts fund shall be the total capital project appropriation including all construction costs as per resolution of the city council. Excluded are amounts budgeted for real property acquisition, demolition, redemption, architectural and engineering fees, site work (work related to clearing, grubbing, and earthwork), contingency allowances, equipment, finance costs, grant funded costs, publicly assisted residential construction or rehabilitation projects and site survey-related costs.
G.
In order to qualify, any artwork on property shall include a maintenance and longevity agreement written to the satisfaction of the parks and recreation director in consultation with the city attorney.
(Ord. 1023 § 5, 2021)
All funds appropriated for public art shall be deposited into a public art fund. The city council shall authorize projects for funding as prescribed in the public art program guidelines. In circumstances where it is not feasible to incorporate artistic features into a particular project, such money appropriated may be pooled and used for art in other projects. Disbursement of such funds shall be made in connection with projects approved by the city council. Nothing herein prohibits the arts commission or the city from soliciting or receiving grants, donations, bequests or gifts from private or public sources from depositing moneys received in the public art program fund to be expended in a manner consistent with the public art program guidelines.
(Ord. 1023 § 5, 2021)
To carry out its responsibility hereunder, the commission shall:
A.
Prepare, and recommend for city council's approval "The Public Art Program Guidelines" which shall implement the city's public art program which shall include, but not be limited to, a method or methods of selecting artists or works of art, and the placement of works of art.
B.
Recommend to city council for approval the purchase of or commission the design execution or placement of works of art.
C.
The commission shall work with the developer or staff responsible for a particular project to review the recommendations regarding the design, execution and/or placement of works of art in connection with the project.
D.
The commission shall promulgate rules and regulations consistent with this chapter to facilitate the implementation of its responsibilities hereunder.
(Ord. 1023 § 5, 2021)
For the purposes of this chapter, the following terms have the following definitions:
means a practicing professional, skilled in the design and/or creative production of aesthetic objects whose qualifications are demonstrated by recognition or stature within their field and/or through reputation and/or exhibits.
means context of the work as related to its creation, content and form.
means the city of Brentwood, a municipal corporation and general law city organized and existing under the constitution and laws of the state of California.
means the Brentwood arts commission.
means the city council of the city of Brentwood.
means to remove an object from a permanent collection of the city, usually through a sale or trade.
means artwork that is visually and physically accessible to the public and may include performing, musical, visual, cultural, physical, permanent, or temporary works.
means all city-owned artworks.
means the plan required by Section 2.60.050(A) of the Brentwood Municipal Code.
means an amount equal to eighty percent of the moneys allocated for public art through the public art program shall be utilized for all costs related to selection, acquisition, placement, installation, display and maintenance of artwork.
means an amount equal to twenty percent of the moneys allocated for public art through the public art program shall be specifically designated for community education programs, publicity, dedications and administration of the public art program.
means a separate fund established by the city to receive moneys for the public art program, generated through a percentage for art ordinance and contributions from private and public sectors.
means a plan developed by the commission, following review of the proposed capital projects, including a prioritized list of visual projects with budgets and recommended inclusion of an art element or a design approach, developed in consultation with staff and approved annually by the city council. The public art plan may include a section on key marketing and educational programs for the year.
means all city-owned spaces, indoors and outdoors, which are generally accessible to the public.
(Ord. 1023 § 5, 2021)