Chapter 12.50
PUBLIC ART

Sections:

12.50.010    Public art enrichment allocation.

12.50.010 Public art enrichment allocation.

A. One percent of the original estimated construction cost of a City of Livermore public works project shall, at the discretion of the arts commission and subject to the approval of the City Council, be set aside and used for acquisition and/or installation of art at, or near, the construction project. The implementation of the acquisition and/or installation of the art as a part of the construction project shall be administered pursuant to LMC 12.51.060 and 12.51.070. In the alternative, such amount may be designated for arts and cultural programming.

B. If the City Council deems the project inappropriate for the installation or display of public art, the sum shall be appropriated to the public art fund. The Livermore public art fund shall be distributed annually as follows: no more than 10 percent of the annual Livermore public art fund shall be used as an administrative fee for processing the public art application, approving the public art, coordinating and developing cultural programs, monitoring, compliance, or any other administrative task related to the implementation of the Livermore public art policy. The balance of the Livermore public art fund generated from City of Livermore public works projects may be used for acquisition and/or installation of art or for arts and cultural programming. Any sums appropriated to the public art fund pursuant to this section shall be administered pursuant to LMC 12.51.060 and 12.51.070.

As used in this section, a “city public works project” means any public works project paid for wholly or in part by the City to construct or remodel any building or above-the-ground structure within the City. However, the following are exempt from the requirements of this section:

1. Pipelines (above and below the ground) and their supports, such as trestles, anchor blocks and saddles; valve lots; power transmission lines and towers; switchyards and substations.

2. Landscape renovation projects including, but not limited to, court resurfacing, landscape renovation or replanting, sewer and water lines, drainage and irrigation systems, wells, erosion control, restrooms, repaving, new paving, stairway repair or replacement, utilities, modifications for disabled access, signage, lighting, and fence replacement or repair.

3. All mechanical, plumbing and electrical system upgrades, structural or seismic upgrades and modifications for disabled access, unless occurring in conjunction with an alteration.

C. The arts commission shall recommend and the City Council shall approve the acquisition and/or installation of public art as required by this section.

D. All art acquired pursuant to this section shall be acquired in the name of the City and title shall vest in the City. (Ord. 2065 § 1(A), 2018; Ord. 1907 § 1, 2010; Ord. 1837 § 1, 2008; Ord. 1733 § 2, 2004)