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Ordinance No. Page 6 of 7 B. Review. 2. Applications shall be reviewed by the Commission. In reviewing applications, the Commission shall consider the following criteria: a. Quality. The foremost consideration will be the quality of the proposed artwork as assessed by the critical review of the Commission. The reputation and/or promise of the artist may also be key considerations. b. Relationship to the collection and to the community. The proposed artwork will be analyzed for its potential relationship to the city’s present collection and the requirements of this chapter. c. Compatibility. Conceptual compatibility and appropriateness of the proposed artwork to the surrounding built and/or natural environment will be factors for consideration, and will include scale, form, content, and design. d. Materials, fabrication and installation. The Commission shall evaluate the existing artwork’s material or the artist’s proposed materials and their appropriateness as regards to structural and surface integrity, protection against theft, vandalism, public safety, weathering, and an analysis of long-term maintenance needs. The Commission will also evaluate the proposed method of installation and an evaluation of safety and structural factors involved in the installation. C. Agreement. Prior to issuance of a building permit, the applicant shall enter into an agreement with the city to either install the approved public art or pay the in-lieu fee. Applicants are required to either pay the in-lieu fee or install the public art project prior to the issuance of a certificate of occupancy. D. Deaccession. The alteration or removal of public art or public art that was installed as a requirement of this chapter will be subject to the provisions of 13.20.070 (Deaccession). §13.20.070 Deaccession. A. Public art on private property. Public art that was installed as a requirement of this chapter will not be removed or altered unless the replacement or alteration is reviewed by the commission and approved by the city council pursuant to this chapter. Public art in the City collection. In accepting an artwork into its collection, the city will not be bound by any agreement with a project applicant or donor of artwork that restricts the city’s ability to act in the city’s best interests. Nothing in the acceptance of an artwork will prevent the city from approving subsequent disposal (removal, relocation, and/or appropriate sale) of such artwork if it serves the city’s best interest to do so. When disposal is proposed, the committee will review the proposal and make a recommendation to the city council for final action. The city will deaccession and sell or otherwise dispose of artworks in its collection in accordance with the limitations of the California Preservation Act (Civil Code 987) and the Visual Rights Act of 1990 (17 USC 106A and 113(d)). Page 357 of 674