Ordinance 2942CITY OF ALAMEDA ORDINANCE NO. 2942
New .Series
AMENDING THE ALAMEDA MUICIPAL CODE TO CHANGE THE
NAME OF THE PUBLIC ART ADVISORY COMMITTEE TO PUBLIC ART
COMMISSION, TRASFER REPORTING FROM RECREATION & PAR
COMMISSION TO CITY COUNCIL, AND TRANSFER STAFFING FROM
THE RECREATION & PAR . DEPARTMENT TO THE PLANING &
BUILDING DEPARTMENT BY AMENDING SUBSECTIONS 30-65.(CONTRIUTION REQUIREMENTS), 30-65.4 (PUBLIC ART), 30-65.5(ALAMEDA PUBLIC ART FUN), 30-65.7 (PUBLIC ART ADVISORY
COMMITTEE), 30-65.8 (APPLICATION AND APPROVAL PROCEDURS
FOR PLACING PUBLIC ARY ON PRIATE PROPERTY), 30-65.
(GUIDELINS FOR APPROVAL), AND 30-65.11 (APPEAL TO THE CITY
COUNCIL) OF SECTION 30-65 (pUBLIC ART IN NEW COMMERCIA
INUSTRIL, RESIDENTIAL AN MUCIPAL CONSTRUCTION)
BE IT ORDAIND by the City Council of the City of Alameda that:
Section 1.Subsection 30-65.3(f) is hereby amended to read as follows:
f. Subject to the approval of the Public Ar Commission , an owner or developer
may incorporate into the development Public Ar that has a value lower than the
Program Allocation and pay a Public Ar In-Lieu Contribution to the Public
Fund for the balance ofthe Program Allocation.
Section 2 . Subsection 30-65.4(b)(vii)is hereby amended to read as follows:
(vii) Any other form of cultural program determined by the Public Ar
Commission to satisfy the intent of this section.
Section 3.Subsection 30-65.5(d) is hereby amended to read.as follows:
d. The Public Ar Commission shall present annually to the City Council for
approval a Public Ar Plan that recommends the use of Alameda Public Ar Fundmonies consistent with the purpose of this Section. The Public Ar Plan shall be
administered by the Planng & Building Department.
Section 4 . Section 30-65.7 is hereby amended to read as follows:
30-65.7 Public Art Commission.
a. There is hereby established a Public Ar Commission that shall consist of five
members appointed by the City Council , who are knowledgeable about
contemporary visual public art , and capable of engaging effectively in a jury
process.
b. Membership, term of office , and removal of the members of the Public Ar
Commission shall be set by City Council Resolution.
c. The Commission shall make decisions regarding applications for the
installation of Public Ar, the selection of Public Ar and matters pertaining to
the quality, quantity, scope and style of art in public places.
d. The Commission shall make recommendations to the Council regarding the
Public Ar Plan.
e. The Commission shall assist private property owners , as requested, regarding
the selection and installation of Public Ar.
f. The Commission shall review and promote City inventory of meritorious
Public Ar in public view.
Section 5 . Section.30-65.8 is hereby amended as follows:
30-65.8 Application and Approval .Procedures for Placing Public Art on
Private Property.
a. An application for the installation of Public Ar on private property shall be
submitted to the Plannng & Building Departent on forms furnished for that
purose and shall include the following information, as applicable:(i) Landscape and site plans indicating the location and orientation if
the Public Ar and the landscaping and architectural treatment
integrating the piece into. the overall project design;
A sample , model, photograph or drawings of the proposed Public
Ar;
Material samples and finishes if appropriate;
A resume of the proposed arist;
Slides and/or photographs of the proposed artist's past Public Ar
which demonstrates like Public Ar to the proposal;(vi) A wrtten statement by the artist describing any theme or
development of the. Public Ar , as well as a discussion of the
manner in which the proposed Public hi meets the Guidelines
described in section 30-65.10 , and the maner in which the Public
Ar wil be displayed in an area that is visible from a public right-
of-way or public property; or, if an on-site cultural program or art
space or cultual facility,. the means by which the public will gain
access to such programs , spaces , or facilities.
(vii) A written statement by the artist . declaring the valuation of the
Public AA.
(viii) A maintenance plan for the Public AA.
(ix) Any such additional information or material as may be required by
the Planning & Building Director, or designee.
(ii)
(iii)
(iv)
(v)
b. The application submitted pursuant to subparagraph (a) shall be referred to the
Planning & Building Director or his/her designee for preliminary review to
detennine whether the application is complete. The completed application
along with the recommendation of staff and/or consultants shall be forwarded
to the Public AI Commission for review and decision.
c. The Public AI Commission shall review the permit application within sixty
(60) days of receipt ofa complete application. The Public Ar Commission
may make recommendations regarding possible changes , modifications or
additions to the proposal. Foureen (14) days ' prior written notice shall be
provided to the applicant of the time and place of the meeting at which the
application wil be considered.
d. The Public Ar Commission shall approve or deny the application in
accordance with the Guidelines for Approval referenced in section 30-65.10.
The Public Ar Commission may conditionally approve an application subject
to such conditions that the Public Ar Commission deems reasonably
necessary to conform the Public Ar Guidelines for Approval.
e. Failureofthe Public Ar Commission to act on an application and to notify the
applicant within seventy-five (75) calendar days of receipt of a complete
application, or such extended period as may be mutually agreed upon by the
applicant and the Public Ar Commission , shall be deemed a denial of such
application.
f. The application required by this section. shall be made , approval obtained and
the Public Ar installed prior to final building inspection or issuance of
approval of a certificate of occupancy for the new constrction. If installation
prior to the date of occupancy is impracticable, as determined by the Planning
and Building Director or his/her designee, a certificate of occupancy may be
approved for the building or portion thereof. if the application submitted
pursuant to this section. has been approved , the applicant has executed a
written agreement with the City to install the Public Ar, and the applicant has
filed security in an amount and form acceptable to the City Attorney to
guarantee installation ofthe Public AI.
g. The property owner shall maintain , or cause to be maintained , in good
condition the Public Ar continuously after its installation and shall perform
necessary repairs and maintenance to the satisfaction of the City. The
maintenance obligations of the property owner shall be contained in the
covenant and recorded against the property by the applicant. Should the
property owner wish to remove the Public Ar , the City must be notified in
advance. The property owner shall replace the Public Ar with Public Ar
equal or greater value , and consistent with the Californa Preservation of
Works of Ar Act and the Federal Visual Arists ' Rights Act and any other
relevant law.
Section 6.Subsection 30-65.1O(a) is hereby amended to read as follows:
Guidelines for approval and maintenance of Public Ar ("Guidelines for
Approval") shall be adopted by the City Council, upon recommendation
from the.Public Ar Commission. Guidelines shall be adopted within sixty
(60) days ofthe Ordinance codified in this Chapter.
Section 7 . Section 30-65.11 is hereby amended to read as follows:
30-65.11 Appeal to the City Council.
Any.final decision of the Public Ar Commission may be appealed to the City
Council within ten (10) calendar days follo:wng the decision of the Public
Commission. Said appeal shall explain the grounds for the appeaUn writing.
Section 8 . This Ordinance shall be in full force and effect from. and after the
expiration ofthirty (30) days from the date of its fmal passage.
Attest:
LaraWeisiger, City Clerk
City of Alameda
******
, . the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
day of July, 2005 by the following vote to wit:
AYES:Councilmembers Daysog, deHaan, Gilmore , Matarrese
and Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City
this 6 day of July, 2005.
Lara Weisiger, City
City of Alameda