Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Modify Public Art Requirements, as Recommended by the Planning Board. (Community Development 24062814)
Body
To: Honorable Mayor and Members of the City Council
EXECUTIVE SUMMARY
Alameda Municipal Code (AMC) Section 30-98 Public Art in New Commercial, Industrial, Residential and Municipal Construction (Ordinance) requires that certain development projects contribute a minimum of 1% of building development costs for on-site public art. The Ordinance also allows an applicant to contribute an equivalent amount into the Public Art Fund (Fund) in lieu of providing the art on-site. The Ordinance states that revenues in the Fund can only be used for specified purposes to provide or support public art. The Public Art Commission (PAC) is recommending the following five revisions to the Ordinance:
• Require developers to declare their intent to install artwork on-site or contribute to the Fund earlier in the process;
• Clarify language around required maintenance;
• Remove the limitation that cultural arts grants can only be awarded to non-profit organizations;
• Specify that City Council approval is only needed for Fund expenditures beyond the City Manager’s purchase authority; and
• Allow the Fund to be used for the maintenance, deaccession, and conservation of public artwork.
Additional detail on these items is included in the Background and Discussion sections of this report.
BACKGROUND
In 2017, the City Council approved an amendment to the Ordinance, which included revisions to three major items, among other changes:
• Removal of the $150,000 cap on the maximum public art allocation;
• Removal of the requirement that public art focus on Alameda’s historic and maritime traditions; and
• Removal of staff administrative and maintenance costs as an allowable use of the Fund.
Over the past year, the PAC has conducted numerous public meetings to consider additional amendments to the Ordinance, and is recommending the following changes be adopted by the City Council:
• Require developers to declare their intent to install on-site artwork or contribute to the Fund prior to receiving planning approvals, and clarify that, after on-site artwork is reviewed and approved by the PAC, any change in location will require PAC approval.
• Clarify that a maintenance plan must be approved by City of Alameda (City) staff and included in the conditions of approval, and that the maintenance plan and conditions of approval must be recorded against the property prior to the issuance of the first certificate of occupancy.
• Remove the limitation that cultural arts grants can only be awarded to non-profit arts/cultural organizations.
• Specify that City Council approval is only required for Fund expenditures that exceed the purchase authority of the City Manager.
• Allow the Fund to be used for conservation, maintenance and deaccession of public art.
In April of 2021, the Planning Board held a public hearing, reviewed the proposed changes, and provided the following comments:
• Clarify the language requiring developers to declare their intent to install public art on-site or contribute to the Public Art in-lieu fund prior to Planning Design Review approval of the development project.
• Clarify that maintenance, deaccession, and conservation funding are prioritized for public art on public property.
• Clarify that all public art fund expenditures are subject to the approval authorizations in the City’s purchasing policy.
Staff incorporated these comments into the proposed Ordinance revisions, and in May of 2021 the Planning Board voted to recommend that City Council adopt the proposed changes to the Ordinance. At that meeting, the Planning Board also discussed concerns about the Ordinance’s current exemption for 100% affordable housing. Specifically, the Planning Board was concerned that this might result in less public art in affordable housing projects, and therefore inequitable outcomes for residents of affordable housing projects. The Planning Board asked the City Council to consider this concern regarding equity and inclusion as part of its review.
DISCUSSION
Staff has prepared text amendments to the AMC to modify the existing Public Art Ordinance (Exhibit 1).
1) Require developers to declare their intention to install on-site artwork or contribute to the Fund prior to receiving planning approvals. The current Ordinance requires developers to complete the public art application and approval process prior to final building inspection, or issuance of the first certificate of occupancy. Requiring developers to decide whether they plan to acquire and install on-site public art or make an in-lieu contribution to the Fund earlier in the process will encourage a more thoughtful and integrated approach to on-site artwork.
2) Clarify that the maintenance agreement must be reflected in the conditions of approval and recorded against the property prior to the issuance of the first certificate of occupancy. This revision modifies language in the current Ordinance that is unclear and ensures that maintenance responsibilities for the artwork will run with the land.
3) Remove the limitation that cultural arts grants can only be awarded to non-profit organizations. The purpose of this revision is to allow more flexibility in the issuance of grants to individual performers and artists - particularly for the Public Art Small Grants program. Currently, artists receiving grants as small as $500 are required to have non-profit status, which can be a barrier for emerging artists. For larger grants (above $2,000), the PAC intends to continue its practice of only providing such grants to non-profit organizations.
4) Specify that City Council approval is only required for Fund expenditures that exceed the purchase authority of the City Manager. Currently, Fund expenditures of any size require approval from City Council. This revision would allow the PAC to approve Fund expenditures below the purchase authority of the City Manager ($75,000), thereby providing the PAC with more flexibility and efficiency in approving small changes to arts grants, as well as implementing smaller grants and grant programs. City Council budget appropriation approval will continue to be required.
5) Allow the Fund to be used for conservation, maintenance, and deaccession of public art. After a review of best practices in other Bay Area cities (Exhibit 2), the PAC recommends that maintenance be added back as an allowable use of the Fund, in addition to conservation and deaccession. This would allow the Fund to be used not just for the installation of new public art, but also as needed to maintain the integrity of the City’s public art collection throughout its lifetime. Regular maintenance of public art is critical to ensuring the longevity and safety of the works, and to avoiding significant and unanticipated restoration and/or deaccession costs. The Ordinance requires private property owners to maintain public artwork installed on-site, and public artwork installed on public property is typically maintained by the department that oversees that property, so the Fund would only be used for maintenance on an as-needed basis.
ALTERNATIVES
• Adopt the draft Ordinance revisions as proposed.
• Adopt the draft Ordinance revisions, including a revision to section 30-98.3b as follows:
b) The following shall be exempt from the provisions of this article:
1) Affordable housing development projects in which one hundred (100%) percent of the units qualify as units affordable to very low-, low- or moderate-income households, only if inclusion of the art is an economic impediment to project development.
• Adopt the draft Ordinance revisions as proposed, and direct the Public Art Commission to consider proximity to affordable housing and/or other equity measures when selecting new locations for public art.
• Do not adopt the draft Ordinance revisions as proposed, and direct staff to return with different and/or new revisions.
• Do not adopt the draft Ordinance revisions.
FINANCIAL IMPACT
There is no financial impact from the adoption of the proposed revisions. However, regular maintenance and conservation of public artwork is likely to decrease the cost and frequency of future artwork restoration and deaccession.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed amendments are consistent with the City’s General Plan polices to ensure high quality architectural and creative design in all new development and to support and enhance the cultural resources of the community.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) (where it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment) and 15303 (new construction or conversion of small structures), each of which provides a separate and independent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance.
CLIMATE IMPACT
The proposed Ordinance revisions will positively impact climate change by facilitating the ongoing maintenance and preservation of public art, thereby reducing the waste associated with the deaccession of public art.
RECOMMENDATION
Adopt the proposed citywide text amendments to the City of Alameda Zoning Ordinance (AMC Chapter 30) to modify public art requirements.
CITY MANAGER RECOMMENDATION
The City Manager recommends adoption of the proposed citywide text amendments to the City of Alameda Zoning Ordinance to modify public art requirements.
Respectfully submitted,
Lisa Maxwell, Community Development Director
By,
Amanda Gehrke, Development Manager
Financial Impact section reviewed,
Annie To, Finance Director
Exhibits:
1. Public Art Ordinance Revisions - Clean
2. Summary of Public Art Requirements
cc: Eric Levitt, City Manager