(a)
The
purpose of the Public Arts Program is to enrich the built environment
of the City. The program will increase the understanding and enjoyment
of art by residents and visitors, add to the economic viability of
the City, encourage artistic cooperation among various disciplines
and invite public interaction with public spaces. The Public Arts
Program, among other things, requires that public art be included
as part of certain private and public development projects in the
City. It represents a partnership between the City, developers and
the arts community that serves to enhance Ojai's built environment
both now and in the future.
(b)
The
Council finds and declares as follows:
(1)
Enhancement of the quality of life for City residents, workers and
visitors is provided by the development of cultural and artistic resources;
(2)
Development and maintenance of a Public Arts Program improves the
quality of the urban environment and increases real property values;
(3)
Nurturing alternative sources for cultural and artistic outlets improves
the environment, image and character of the community;
(4)
Those whose developments diminish these resources should make provision
for new opportunities for public art in order to preserve and enhance
cultural and artistic resources in the City;
(5)
Establishing the Public Arts Program will promote the general welfare
by balancing the City's physical growth and revitalization with its
cultural and artistic resources.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008; as amended by § 1, Ord. 835, eff. January 10, 2014)
The Commission shall carry out the duties established by this
chapter.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008)
For purposes of this article:
shall mean the assignment of a basic number to the objects
acquired for the permanent art collection. The accession number is
composed of two figures, one indicating the year of the receipt and
the other the number of the accession within the year. The source
of the acquisition is also noted. Numbers are assigned in order of
the acquisition and a master list maintained of all acquisitions.
shall mean inclusion of an artwork in the City's art collection
whether by purchase, commissioning or donation.
shall mean an arts professional with demonstrated education,
experience and training in the development of public art projects.
shall mean a public body comprised of five members: two members
of the Arts Commission (or others appointed by the Arts Commission),
one Planning Commission representative appointed by the Planning Commission,
and two members of the community with arts knowledge, appointed by
the Arts Commission. The Committee shall be responsible for conceptual
reviews of artwork covered by this Article, and recommendations to
the Arts Commission for final review and approval or denial.
shall mean all new residential development consisting of
five or more units, all remodeling, repair or reconstruction of residential
housing consisting of five units or more the cost of which is $300,000
or more, and all commercial, manufacturing, institutional recreation,
village mixed use (commercial portion only, unless residential portion
of such development consists of five or more units) and public/institutional
construction, remodeling, repair or reconstruction exceeding $300,000
in value.
shall mean the removal of an artwork from the City art collection,
whether by sale or otherwise. Such action shall be taken only on the
recommendation of the Arts Commission with the official permission
of the Council.
shall mean artwork created by artists for spaces accessible
to the public for specified time periods. It may include, but is not
limited to, works of sculpture, painting, tile work, street furniture,
murals and place-making and arts programming. The installations may
be either permanent or temporary.
shall mean a jury comprised of seven members composed of:
a representative of the Arts Commission, two arts professionals, at
least one with public art experience, a representative of the Planning
Commission, a community member-at-large, Representative of the developer
(e.g. architect or landscape architect or, if there is no developer
for the project, a member selected at the discretion of the Arts Commission),
and an artist.
shall mean the person or entity which is administering or
managing a covered project and is the party responsible for complying
with the requirements of the Public Arts Program as set forth in this
article.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 835, eff. January 10,
2014, § 2, Ord. 908, eff. October 8, 2020, and § 3, Ord. 929, eff. May 12, 2022)
(a)
Creation. There is hereby established the Public Arts Fund
into which shall be deposited all funds as may be appropriated by
the Council or contributed to the City for expenditures in conjunction
with the Public Arts Program.
(b)
Endowments. The Public Arts Fund shall be used as a depository for endowments, bequests, grants, contributions or fees. Such endowments, bequests, grants, contributions or fees may be expended as set forth in subsection (e) and as approved by the Commission.
(c)
Accounting. A Public Arts Fund shall be maintained by the
City's Finance Director, with accounting records established to sufficiently
identify and control these funds. Expenditures shall be processed
through the City's established warrant payment procedure.
(d)
Use of Public Arts Fund. The Public Arts Fund shall be used solely for the Public Arts Program expenses outlined below as subsection (e) Permissible Expenditures.
(e)
Permissible expenditures. The following constitute permissible
expenditures of Public Arts Fund moneys:
(1)
The cost of artwork, including artist's fees, and its installation,
exhibition or display;
(2)
Any required permit fees and legal and other costs directly related
to the project;
(3)
The cost of purchase or lease of art sites;
(4)
Waterworks, landscaping, lighting and other objects which are commissioned
from an artist as an integral aspect of a structure or site or which
are necessary for the proper aesthetic presentation and structural
placement of the artwork;
(5)
Frames, mats, pedestals and other objects which are necessary for
the proper presentation of the artwork;
(6)
Expenditures for maintenance and repair of artwork;
(7)
Promotion of art education within the City, either separate from
or complementary to art programs of schools, museums or other nonprofit
organizations; and
(8)
Costs of administering the Public Arts Program.
(f)
Ineligible expenditures. Public Arts Fund moneys may not
be expended on the following:
(1)
Reproductions of original artwork except an artwork from an artist-signed
limited edition unless approved by the Arts Commission;
(2)
Unlimited editions of original artwork;
(3)
Mass-produced art objects;
(4)
Artworks that are decorative, ornamental or functional landscape
or architectural elements except when commissioned from an artist
or a skilled artisan or craftsperson, as an integral aspect of a structure
or site;
(5)
Architectural rehabilitation of historical buildings; and
(6)
Expenses not directly related to the purchase, design, fabrication
and installation of the artworks, including site construction costs
not directly related to the costs of the artwork.
(g)
Replacement. For those artworks that have been purchased
with moneys from the Public Arts Fund or contributed to the City,
the Council may determine to deaccess existing artworks for replacement
artworks. Any funds obtained from the sale of artwork shall be credited
to the Public Arts Fund.
(h)
Alteration, replacement or relocation. Permanently installed
public works of art may not be modified, altered, relocated or removed
without the prior review of the Arts Commission. Any alteration, replacement
or relocation of the artwork shall be subject to the California Art
Preservation Act and the Federal Visual Arts Rights Act of 1990.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 3, Ord. 835, eff. January 10,
2014)
(a)
Requirements. Except as provided below in Section 4-16.205(b), the requirements of this article shall apply to all covered projects.
(b)
Exceptions. The requirements of this article shall not apply
to the following:
(1)
Projects undertaken by any agency of the State, County, the Ojai
Unified School District or any governmental entity other than the
City;
(2)
Remodeling, repair or reconstruction of structures to comply with
earthquake seismic safety code standards or buildings damages to which
have been immediately occasioned by fire, flood, wind, earthquake
or other calamity;
(3)
Nonprofit social service projects;
(4)
Housing projects for "low to moderate income persons and families"
as defined in Health and Safety Code Section 50093;
(5)
Affordable housing developments receiving City, State or Federal
assistance, unless permissible under City, State or Federal regulations;
(6)
Construction, remodeling, repair or reconstruction of residential
projects consisting of four or fewer units whether or not such residential
project is a part of a mixed-use development; and
(7)
Architectural rehabilitation or historical preservation of properties
which are designated as historic sites by the Council.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 4, Ord. 835, eff. January 10,
2014)
(a)
The
responsible party shall be deemed to have satisfied his, her or its
obligations under this article through the placement of artwork at
the site of a covered project and in a manner consistent with this
article.
(b)
Other provisions of this article notwithstanding, the Arts Commission may waive the strict compliance, in whole or in part, in respect to any covered project otherwise subject to the provisions of this article and instead permit the responsible party to meet the intent and purpose of this article through compliance with subsections (1), (2), or (3) of Section 4-16.206(c), below. In authorizing such alternative compliance, the Arts Commission shall make findings on the basis of substantial evidence, that the responsible party achieves the goals and aims of this article in substantially the same manner as strict compliance would. The Arts Commission may also waive the requirements for covered projects which are also City projects when it determines it would be in the public interest to do so.
(§ 5, Ord. 835, eff. January 10, 2014, as amended by § 2, Ord. 908, eff. October 8, 2020)
[1]
Editor's note—Ord. No. 835, Section 5, effective Jan.
10, 2014, repealed the former Section 4-16.206 and enacted a new section
as set out herein. The former Section 4-16.206 pertained to similar
subject matter and derived from Section 1, Ord. No. 765, effective
May 22, 2003, and Section 2, Ord. 800, effective Aug. 8, 2008.
No final City approval, such as final inspection or a certificate
of occupancy, for any covered project shall be granted or issued unless
and until full compliance with this article is achieved in one of
the following ways:
(a)
The
approved artwork has been placed in an approved on-site or off-site
location in a manner satisfactory to the Arts Commission;
(b)
Donation
of an approved artwork to the City Art Collection in a manner approved
by the Arts Commission;
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 6, Ord. 835, eff. January 10,
2014)
The Public Art Program allocation, as used in this article,
shall be the percentage of the building cost which is set aside for
the acquisition and installation of approved artwork and shall be
an amount equal to 2% of the first one million dollars ($1,000,000.00)
and one percent of any excess over one million dollars ($1,000,000.00)
of the total building valuation for a covered project. The total building
valuation shall be computed using the latest building valuation data
as set forth by the International Code Council (ICC) unless, in the
opinion of the Arts Commission, a different valuation measure should
be used.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 7, Ord. 835, eff. January 10,
2014)
The responsible party shall place artwork equal in value to
the applicable program allocation for the project in outdoor areas
of the covered project that are accessible to and used by the public.
Interior spaces, including lobbies, courtyards, malls, etc., may be
eligible if they are accessible to the public a minimum of eight hours
per day and visible from the nearest public right-of-way. When selecting
the location for art, preference shall be given to libraries, parks,
office buildings, sidewalks, traffic islands, etc. Lobbies, plazas,
adjacent open spaces or exterior treatment of buildings shall be potential
sites, but the offices themselves shall not be considered acceptable
sites. Final location of art shall be subject to the approval of the
Arts Commission.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 8, Ord. 835, eff. January 10,
2014)
Eligibility requirements for each project shall be established
by the Arts Commission. Specifically excluded are artworks created
by students under the supervision of art instructors to satisfy course
requirements, and artists who are members of the Arts Commission.
The following criteria shall be considered in the selection of artwork:
(a)
Quality. The quality of the artwork.
(b)
Media. All visual art forms may be considered, subject to
limitations set by the Arts Commission.
(c)
Style. Artworks of all schools, styles and tastes should
be considered for the City collection.
(d)
Environment. Artworks and art places should be appropriate
in scale, material, form and content for the immediate, general, social
and physical environments to which they relate.
(e)
Permanence. Other than for temporary installations of artwork,
consideration should be given to structural and surface integrity,
permanence and protection against theft, vandalism, weathering and
excessive maintenance and repair costs.
(f)
Elements of design. Consideration should take into account
that public art, in addition to meeting aesthetic requirements, also
may serve to establish focal points, terminate areas, modify, enhance
or define specific spaces or establish identity.
(g)
Diversity. The Public Arts Program should strive for diversity
of style, scale, media, artists and equitable distribution of artworks
and art places throughout the City.
(h)
Limitation. Previously commissioned or acquired artists
shall not be eligible until three years from the date of the Arts
Commission's approval of the project or acquisition.
(i)
Murals. Mural applications shall meet the criteria in this
Code.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 9, Ord. 835, eff. January 10,
2014, and § 2, Ord. 908, eff. October 8, 2020)
The following methods may be used to select artwork at the option
of the responsible party:
(a)
Direct purchase. A completed work of art may be purchased
for a specific project or location.
(b)
Direct commission. An artist may be chosen directly and
paid to submit a proposal. Artists will be selected on the basis of
their qualifications for a particular project and its probability
of successful completion.
(c)
Limited competition. A small number of artists may be invited
and paid to submit proposals.
(d)
Open competition. Any artist may apply subject to project
specifications. A Public Art Jury shall be called to review applications
and qualifications, select an artist, and recommend approval to the
Arts Commission. Chosen finalists may be asked to submit project proposals
for which a fee is paid. The Public Art Jury shall make a recommendation
to the Arts Commission for final approval or denial.
(e)
Recommendation. CAPA, except when a Public Art Jury has
been called, will recommend private and public development projects
to the Arts Commission for final review and approval or disapproval."
(§ 10, Ord. 835, eff. January 10, 2014)
[1]
Editor's note—Ord. No. 835, Section 10, effective January
10, 2014, repealed the former Section 4-16.211 and enacted a new section
as set out herein. The former Section 4-16.211 pertained to similar
subject matter and derived from Section 1, Ord. No. 765, effective
May 22, 2003; and Section 2, Ord. No. 800, effective Aug. 8, 2008.
The Community Development Director shall review the artwork
and its placement and landscaping elements and may refer the artwork
to the Planning Commission for approval pursuant to Section 9-4.07
of the Ojai Municipal Code.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008)
(a)
Any
artwork placed on private property as part of the Public Arts Program
shall be a one-of-a-kind piece conceived by and executed through an
artist. The responsible party shall retain the services of a qualified
art consultant to manage the art project and present the project to
CAPA. The fee for the art consultant is considered a legitimate expense
of the public art project allocation. The City shall maintain a list
of qualified arts consultants. Early selection of an art consultant
is required. The responsible party shall submit an artwork proposal
to be reviewed at a public meeting by CAPA (the Committee to Approve
Public Art) prior to issuance of a building permit for the project.
The Arts Commission shall consider the recommendation of the CAPA
and give final approval for the proposed project.
(b)
The
completed arts application shall include:
(1)
Preliminary sketches, photographs or other documentation of sufficient
descriptive clarity to indicate the nature of the proposed artwork,
including, but not limited to, artist resume, images of previous artwork,
and material samples;
(2)
An appraisal, budget or other evidence of the value of the proposed
artwork, including acquisition and installation costs;
(3)
Preliminary plans containing such detailed information to adequately
evaluate the location of the artwork in relation to the proposed development,
and its compatibility with the proposed including compatibility with
the proposed site;
(4)
Evidence that the artwork will be displayed in an open area and accessible to the public in accordance with Section 4-16.209;
(5)
Maintenance factors required to ensure its permanence.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 11, Ord. 835, eff. January 10,
2014, and § 2, Ord. 908, eff. October 8, 2020)
(a)
The application for the proposed artwork and its inclusion will be considered by CAPA, which shall recommend approval or denial to the Arts Commission. The Community Development Director shall also review the artwork and its placement in relation to architecture and landscaping elements and may refer the application to the Planning Commission for design review approval pursuant to Title 10, Chapter 2, Article 20 of the Ojai Municipal Code. Any changes, questions or recommendations shall be conveyed in writing to the responsible party. The Arts Commission will review the CAPA recommendation for the approved artwork and approve or disapprove the recommendation. The applicant will be notified in writing.
(b)
If
the responsible party proposes significant revisions to the architecture
or physical design and layout of the proposed project subsequent to
the receipt of the Commission's approval, the application shall, if
legally permitted, be returned to the CAPA for further review and
recommendation concerning the revised proposal prior to final approval
by the Arts Commission.
(c)
If
the responsible party has not applied for a building permit within
three years of the date of the Arts Commission's approval of the project,
the project will be considered null and void and the responsible party
must resubmit a public art proposal to the CAPA (Committee to Approve
Public Art).
(d)
A
contract between the City and the responsible party spelling out all
requirements for the artwork, including budget, insurance and maintenance,
shall be executed by the Community Development Department prior to
the City's formal acceptance of the artwork proposal as approved by
the CAPA and the Arts Commission.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 12, Ord. 835, eff. January 10,
2014, and § 2, Ord. 908, eff. October 8, 2020)
(a)
The
prospective donor shall submit to the CAPA:
(1)
Sketches, photographs or other documentation of sufficient descriptive
clarity to indicate the nature of the proposed artwork in relation
to the site.
(2)
Additional samples of the artist's work other than the proposed donation.
(3)
Background information on the artist who created the proposed donation.
(4)
Proof of valuation (previous sales receipt or similar) of the Artist's
work.
(5)
The estimated design, site preparation, fabrication and installation
costs.
(6)
Maintenance factors required to ensure its permanence.
(b)
The
proposed donation will be considered by the Arts Commission. A personal
appearance by the artist may be requested. The Commission will determine
when all issues have been addressed and recommend acceptance or rejection
of the artwork to the City Council.
(§ 13, Ord. 835, eff. January 10, 2014)
[1]
Editor's note—Ord. No. 835, Section 13, effective January
10, 2014, repealed the former Section 4-16.215 and enacted a new section
as set out herein. The former Section 4-16.215 pertained to application
procedure for contribution of artwork to the City and derived from
Section 1, Ord. No. 765, effective May 22, 2003, and Section 2, Ord.
No. 800, effective Aug. 8, 2008.
[1]
Editor's note—Ord. No. 835, Section 14, effective Jan.
10, 2014, repealed Section 4-16.216, which pertained to review and
acceptance of artwork contributed to the City and derived from Section
1, Ord. No. 765, effective May 22, 2003, and Section 2, Ord. No. 800,
effective Aug. 8, 2008.
(a)
Public artwork on public property. Procedures for accession,
maintenance and conservation of artworks shall be established by the
Arts Commission, as well as a maintenance schedule. Specific instructions
for care of each work shall be kept on file as part of the collection
management. Maintenance provisions shall be included in the artist's
contract stipulating the length of time (typically one year) the artist
will be responsible for repairs. The artist shall be required to provide
to the City a maintenance manual outlining procedures, methods and
products needed to preserve the condition of the artwork. The artist
shall be offered a right of first refusal on repair contracts within
a fair market rate of remuneration. Regular inspection-for-condition
reporting shall be conducted as supervised by designated City personnel
so that the collection is maintained in the best possible condition.
When necessary, a conservation plan will be established prioritizing
the work which is to be done.
(b)
Public artwork on private property. For artwork on private
property, the obligation to provide all maintenance necessary to preserve
the artwork in good condition shall remain with the owner of the site.
Art installed on or integrated into a construction project pursuant
to the provisions of this article shall not be removed or altered
without the approval of the Commission. If the Public artwork is not
integrated into the architecture, landscape or affixed to the property,
any future owner of the property may remove artwork will have the
option of: (1) replacing the original piece(s) with a new commission
of equal fair market value (subject to the approval of the CAPA);
or (2) depositing in the Public Art Fund a dollar amount equal to
the fair market value of the artwork in which case the owner may remove
the artwork.
(c)
Maintenance of artwork. Artwork installed pursuant to this
article shall be maintained as specified in the written agreement
between the City and the private property owner with regard to that
artwork. Maintenance of artwork, as used in this article, shall include,
without limitation, preservation of the artwork in good condition
to the satisfaction of the City, protection of the artwork against
physical defacement, mutilation or alteration and securing and maintaining
fire and extended coverage insurance and insurance for coverage of
vandalism and other similar acts in an amount to be determined by
the City Attorney. Evidence of said insurances shall be provided to
the City on an annual basis. Prior to placement of an approved artwork,
the responsible party and owner of the site shall execute and record
a covenant in a form approved by the City for maintenance of the artwork.
Failure to maintain the artwork as provided herein is hereby declared
to be a public nuisance. If the artwork is not maintained in the manner
prescribed, or is removed or altered without approval of the Commission,
in addition to all other remedies provided by law, the City may, upon
reasonable notice, perform all necessary repairs, maintenance, secure
insurance or take such legal or other action deemed necessary to have
the artwork maintained and, if necessary, restored, and the costs
therefor shall become a lien against the real property.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 15, Ord. 835, eff. January 10,
2014)
