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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