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70 <br />B <br />B. Public Property <br />1. Each year in adopting the City’s annual Capital Improvement <br />Program budget, the City Council shall consider the appropriation <br />of 1% of the total amount budgeted for each Eligible Construction <br />Project to be set aside and identified as funds to be appropriated <br />and expended for acquisition or commissioning of Public Art in <br />accordance with the provisions of this Ordinance. <br />2. Appropriations for purposes of acquiring Public Art in order <br />to carry out the provisions of this Ordinance shall comply with <br />applicable funding source requirements. If the source of funding <br />or other applicable law or regulation with respect to any particular <br />project prohibits or restricts the use of funds for Public Art, the <br />amount of funds so prohibited or restricted shall be excluded in <br />determining the 1%. <br />3. Management of Public Art in municipal development shall be <br />provided by the City Manager or designee or by contracting the <br />services of a professional arts consultant. <br />4. The San Leandro Arts Commission shall be responsible for the <br />selection of artists, the commissioning of Public Art, and/or the <br />purchase of Artwork in compliance with the Arts and Culture <br />Policy Guidelines as defined in this Ordinance. <br />5. Arts and Culture Program staff and/or consultant shall submit to <br />the San Leandro Arts Commission a Concept Public Art Project <br />Plan for on-site artwork, cultural programs, art spaces, or cultural <br />facilities. <br />6. Following approval of the Concept Arts and Culture Project Plan, <br />the Arts and Culture Program staff and/or consultant shall refine <br />the design and submit a Final Arts and Culture Project Plan to the <br />San Leandro Arts Commission. <br />7. The San Leandro Arts Commission shall approve or deny the <br />Concept Arts and Culture Plan and Final Arts and Culture Plan <br />in accordance with the Arts and Culture Policy Guidelines <br />referenced in this Ordinance. The San Leandro Arts Commission <br />may conditionally approve a Concept Arts and Culture Plan and <br />Final Arts and Culture Plan subject to such conditions that the San <br />Leandro Arts Commission deems reasonably necessary to conform <br />the Arts and Culture Policy Guidelines for Approval. <br />8. The San Leandro Arts Commission shall make recommendations <br />to the City Council for approval of Public Art to be located in <br />public places. <br />81