It is the purpose of this chapter and the policy of this City that each major City construction project shall have an appropriate display of art integrated into the project or a public art fee shall be paid into the Public Art Fund. This chapter shall be administered as provided in the Public Art Master Plan. The City Manager may adopt administrative regulations as needed to implement this chapter.
(§ 1, Ord. 2155, eff. 8/5/2016)
As used in this chapter:
(a) 
Construction Cost
means the estimated construction cost of construction or alteration projects as determined by the City Engineer and proposed for the Capital Budget.
(b) 
Construction
or Alteration means either a new construction project or the rehabilitation, renovation, remodeling or improvement of an existing building.
(c) 
City Construction Project
means new construction of all City buildings, including underground and structured parking facilities, except maintenance or service facilities not normally visited by the public, and the construction of gateways, parks, plazas, medians and other public areas where they did not exist previously.
(d) 
City Alteration Project
means the alteration of City buildings, except maintenance or service facilities not normally visited by the public, where such a project requires the issuance of a building permit by the City of Walnut Creek.
(§ 1, Ord. 2155, eff. 8/5/2016)
(a) 
This chapter does not apply to City alteration projects that involve less than fifty percent (50%) of the gross floor area (as defined in Section 10-2.1.303) of a building.
(b) 
This chapter does not apply to City alteration projects with a construction cost of less than five hundred thousand dollars ($500,000.00).
(§ 1, Ord. 2155, eff. 8/5/2016)
(a) 
Except as provided in Section 7-3.105, one percent (1%) of the construction cost of a City construction project or a City alteration project shall be set aside for the inclusion of public art or paid into the Public Art Fund. The one percent (1%) requirement does not apply to construction costs that will be paid for by funds limited to a specified purpose that does not include public art, or where the terms of a contract, grant, law, or regulation prohibit or restrict the expenditure of funds on works of art.
(b) 
The public art shall be displayed in, upon, adjacent to or in close proximity to the City construction or alteration project. If the Arts and Recreation Director determines that it would be inappropriate to display art at that location, the dedication for art may be used for the acquisition of art for display in, upon, adjacent to or in close proximity to other City property or be paid into the Public Art Fund.
(c) 
The value of the public art includes the cost of the development, acquisition, and installation of the public art, and the administrative costs associated with creating and installing the art.
(d) 
The Public Art Fund shall be administered according to Section 10-10.106. Public art in City projects may be funded by the General Fund, unassigned reserves, an enterprise fund, and the Public Art Fund, consistent with any restrictions established by law or contract for each funding source.
(§ 1, Ord. 2155, eff. 8/5/2016)
For construction or alteration of City underground and structured parking facilities, one-half of one percent (0.5%) of the construction cost shall be set aside for the inclusion of public art on the site or paid into the Public Art Fund.
(§ 1, Ord. 2155, eff. 8/5/2016)
All art acquired pursuant to this chapter shall be acquired in the name of the City of Walnut Creek and title shall vest in the City of Walnut Creek.
(§ 1, Ord. 2155, eff. 8/5/2016)