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06/27/2016 13. Projects where prohibited by federal or state law, including projects or portions of projects funded by grants from non-city sources that prohibit expenditure of funds for art. B. Nothing in this section is intended to prohibit the City Council from adopting an ordinance or resolution establishing a public art contribution for any project otherwise excluded from this policy or setting the public art contribution for any project at greater than one (1) percent of the Capital Outlay Fund budget. C. The City Manager or designee, in consultation with the Civic Cultural Commission, as appropriate, shall determine public or publicly-accessible sites for art funded by the one (1) percent for art policy. Funds may be expended on public art at any appropriate site within the City pursuant to the approval procedures set forth in Section 45.050 above. Funds from finro or more capital projects may be pooled to fund a single work of art. Funds may be used for permanent or temporary public art. D. City staff may use reasonable efforts to obtain appropriate approvals from any funding source for any capital improvement project to allow use of one (1) percent of such funds for the acquisition of public art as provided in this title. Such efforts may include, without limitation, identifying public art in grant applications for capital improvement projects, efforts to include expenditures for public art in developer funded infrastructure projects, and efforts to include public art in developer-constructed infrastructure and public facilities. E. If the terms of a contract, federal or state grant, law, rule or regulation prohibit or restrict the collection or use of funds in connection with a city capital improvement project for expenditures upon public art, or if the eligible uses of the funding are limited and specified and do not include public art, then the amount equal to one (1) percent of the funding from such source shall be subtracted from the one (1) percent total allocated from the Capital Outlay Fund to the Art in Public Places Fund, so as to exclude from the Art in Public Places Fund any funds that are so prohibited or restricted. For example and without limitation, the one (1) percent total allocated from the Capital Outlay Fund to the Art in Public Places Fund shall not include any money collected by the City as a Mitigation Fee on private development subject to the Mitigation Fee Act (Government Code Section 66000 et seq.). Sec. 45.090 Provision of Publicly Visible Art By Certain Private Developments. A. Provision of Art. New commercial developments that have a gross floor area of 50,000 square feet or more, including office and retail uses, all industrial or light industrial uses, and any commercial portions of any new mixed use development, shall provide publicly visible art on-site that is equal in value to at least one (1) percent of the project's construction valuation. In some instances the cost of artwork may not equate precisely to one (1) percent of the construction valuation. If the developer does not spend the entire one (1) percent on public art, the remaining amount shall be contributed to the Art in Public Places Fund. Page 8 of 13 ATTY/ORD.429/PUBLIC ART FUND AND PROVISION OF PUBLIC ART BY PRIVATE DEVELOPERS ORD.N0.2424 REV:06-17-16 JS MUFF N0.301