Alameda County, CA “2 Percent for Art” Ordinance

Type: County Code
Status: Adopted via ordinance
Source File: http://www.acgov.org/arts/pdfs/Alameda%20County_Public%20Art%20Ordinance_Chapter%2013.28%202.pdf
Text:
Chapter 13.28 PUBLIC ART PROGRAM
13.28.010 Public art allocation.
An amount equal to two percent of each county capital project budget (construction or
renovation) shall be allocated for the acquisition, design, creation, installation and maintenance
of public art and for related administrative costs.
13.28.020 Responsibilities.
The art commission shall be responsible for the administration of the public art program, the
appointment of the public art advisory committee, and the development of the public art program
regulations. The program’s regulations and all revisions thereto implementing, defining, and
interpreting this chapter shall be approved by the board of supervisors upon recommendation of
the Alameda County art commission. The art commission shall be responsible for reviewing the
annual public art plan, approving public art project budgets, selecting artists for recommendation
to the board of supervisors, negotiating artist contracts, appointing project art selection panels,
and ensuring the ongoing maintenance of the county art collection.
13.28.030 Funding.
A. Appropriations. All appropriations for county capital projects with budgets over one hundred
thousand dollars ($100,000.00) including all bond projects, grant-funded projects, and all
other capital projects funded from other sources shall include at least the two percent
allocation to be used for artist design services, for the selection, acquisition and display of
artworks, for related education programs, for the maintenance of artworks in the county art
collection, and for the administration of the public art program. Capital projects for which
architectural services for plans, specifications and engineering (PS&E) have been
authorized by the board of supervisors prior to the effective date of this chapter shall be
subject to a minimum allocation of one percent. A department director may make a written
request to the art commission to reduce the two percent allocation but not below one
percent where a two percent allocation would cause an undue burden on the project.
Funds appropriated for a particular capital project deemed unnecessary or inappropriate by
the art commission in whole or in part for art uses or purposes for that project may be
expended on other public an projects approved under the annual public art plan. Unless
restricted by the board of supervisors, local or state law, or the conditions of a granting
authority, monies generated under this chapter may be pooled by the art commission and 
expended for any public art project in the county subject to the approved annual public art plan. There is no general requirement that monies shall be expended on the specific project
that generated the monies.
B. Capital Funding Proposals. All county departments shall, from the effective date of this
chapter, include in all applications to outside granting organizations or public entities for
funding for capital projects an amount equal to two percent of eligible construction costs for
artist design services and/or artworks as specified herein. All capital project bond
ordinances or resolutions approved after the effective date of this chapter shall make
specific reference to the provisions of this chapter.
C. Method of Calculation. The minimum amount to be appropriated for public art shall be the
total estimated eligible construction costs multiplied by 0.02. The minimum amount for
projects for which PS&E services have been authorized prior to adoption of this chapter
shall be the total eligible construction costs multiplied by 0.01. These calculations shall be
made at the time the board of supervisors approves the appropriation for the overall project
and authorizes architectural services for PS&E.
D. Public Art Trust Fund. The auditor-controller shall establish a trust fund account, designated “public art trust fund.” Monies appropriated for the public art program as set forth in
subsection A of this section shall be transferred by the county administrator or his designee
into the public art trust fund subject to any legal or funding source restrictions.
13.28.040 Uses of funds.
The monies appropriated under this chapter may be used for artist design services and the
development of design concepts and models; and for the selection, acquisition, purchase,
commissioning, placement, installation, exhibition and/or display of artworks. Funds may also be
expended for engineering studies or architect’s fees when collaboration is involved. Artworks
may be temporary or permanent, may be integral to the architecture or may be incorporated into
the capital project. Integration of an artist’s 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.
A reasonable percentage of the public art funds as set forth in the regulations may be used for
project administration and community education activities, and for curatorial services and the
preservation and maintenance of artworks in the county art collection.
Category:California
Category:Code
Category:County Governments
Category:Culture