Title
Recommendation to Consider and Provide Feedback on Proposed Amendments to the Public Art Ordinance
Body
To: Honorable Chair and Members of the Public Art Commission
BACKGROUND
Alameda Municipal Code Section 30-98 Public Art in New Commercial, Industrial, Residential and Municipal Construction (Ordinance) requires that major development projects dedicate 1% of development costs to on-site public art. The Ordinance also allows an applicant to pay an equivalent amount in lieu of providing the art on-site. Any in-lieu fees collected are deposited in the dedicated Public Art Fund (Fund). The Fund can then only be used by the City to provide or support public art.
In 2017, City Council approved an amendment to the Ordinance, which included the removal of:
• the $150,000 cap on the maximum public art allocation,
• the requirement for public art to focus on Alameda’s historic and maritime traditions, and
• the removal of staff administrative and maintenance costs as an allowable use for the Public Art Fund, among other changes.
In April of 2019, the Public Art Commission (PAC) identified increasing the balance of the Fund as one of its top priorities, with the goal of increasing funding opportunities for public art in Alameda.
DISCUSSION
Based on input from the PAC, staff review of the Ordinance, and a review of public art ordinances in other East Bay cities (Exhibit 1), staff is putting forth the following changes to the Ordinance for consideration (also reflected as line edits to the Ordinance in Exhibit 2). Please note that additional or alternative changes may be suggested by the PAC as part of tonight’s discussion:
1. Remove the requirement that cultural arts grants can only go to non-profit organizations.
2. Reduce the required in-lieu fund contribution from 1% to .8% of development costs. Currently, developers have the option of contributing 1% of building development costs to the acquisition and installation of on-site artwork, or of depositing an equivalent amount in the Fund. Changing the required contribution to the Fund from 1% to .8% of building development costs may encourage developers to deposit their required public art contribution into the Fund.
This proposed change is loosely based on the City of Berkeley’s public art ordinance, which currently uses a similar tiered requirement (1.75% for onsite, and .8% for in-lieu) to encourage deposits into its public art fund. Berkeley staff report that this approach has been successful.
3. Require developers to declare their intention to install on-site artwork or contribute to the Fund prior to receiving planning approvals. This would require developers to consider on-site artwork during the design phase, so that it can be better integrated into the design of their final project. Developers who do not meet this deadline, and declare their intention to contribute to the Fund after receiving planning approvals, would be required to contribute the full 1% of development costs.
4. Revise the language to clarify that the maintenance agreement shall be reflected in the conditions of approval and recorded against the property prior to the issuance of the first certificate of occupancy.
5. Allow the Fund to be used for conservation and maintenance of public art. Long-term public artwork requires routine maintenance and continued conservation efforts in order to ensure that the artwork remains in good condition. Nearby cities such as Emeryville, Albany, Oakland, Livermore and Walnut Creek all explicitly indicate maintenance as an allowed use for their public art in-lieu funds.
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6. Specify that City Council approval is needed only for Fund expenditures that exceed the purchase authority of the City Manager (currently $75,000).
Based on input from the PAC, staff will return at a future PAC meeting with a proposed final draft ordinance. Once approved by the PAC, the proposed revised Ordinance will also require Planning Board and City Council approval.
FINANCIAL IMPACT
The proposed Ordinance changes would have no impact on the General Fund.
RECOMMENDATION
Consider and provide feedback on proposed amendments to the Public Art Ordinance.
Respectfully submitted,
Lois Butler, Economic Development Manager
By,
Amanda Gehrke, Development Manager
Exhibits:
1. Summary of Public Art Requirements, Select Bay Area Cities
2. Proposed revisions to the Public Art Ordinance (Redline)