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Ordinance No. 2298 <br />Page 6 of 7 <br /> <br /> <br />a. Quality. The foremost consideration will be the quality of the proposed <br />artwork as assessed by the critical review of the Commission. The reputation <br />and/or promise of the artist may also be key considerations. <br />b. Relationship to the collection and to the community. The proposed artwork <br />will be analyzed for its potential relationship to the city’s present collection <br />and the requirements of this chapter. <br />c. Compatibility. Conceptual compatibility and appropriateness of the proposed <br />artwork to the surrounding built and/or natural environment will be factors <br />for consideration, and will include scale, form, content, and design. <br />d. Materials, fabrication and installation. The Commission shall evaluate the <br />existing artwork’s material or the artist’s proposed materials and their <br />appropriateness as regards to structural and surface integrity, protection <br />against theft, vandalism, public safety, weathering, and an analysis of long- <br />term maintenance needs. The Commission will also evaluate the proposed <br />method of installation and an evaluation of safety and structural factors <br />involved in the installation. <br />C. Agreement. Prior to issuance of a building permit, the applicant shall enter into an <br />agreement with the city to either install the approved public art or pay the in-lieu fee. Applicants <br />are required to either pay the in-lieu fee or install the public art project prior to the issuance of a <br />certificate of occupancy. <br /> <br />D. Deaccession. The alteration or removal of public art or public art that was <br />installed as a requirement of this chapter will be subject to the provisions of 13.20.070 <br />(Deaccession). <br />§13.20.070 Deaccession. <br />A. Public art on private property. Public art that was installed as a requirement of this <br />chapter will not be removed or altered unless the replacement or alteration is reviewed by the <br />commission and approved by the city council pursuant to this chapter <br /> <br />Public art in the City collection. In accepting an artwork into its collection, the city will <br />not be bound by any agreement with a project applicant or donor of artwork that restricts the <br />city’s ability to act in the city’s best interests. Nothing in the acceptance of an artwork will <br />prevent the city from approving subsequent disposal (removal, relocation, and/or appropriate <br />sale) of such artwork if it serves the city’s best interest to do so. When disposal is proposed, the <br />committee will review the proposal and make a recommendation to the city council for final <br />action. The city will deaccession and sell or otherwise dispose of artworks in its collection in <br />accordance with the limitations of the California Preservation Act (Civil Code 987) and the <br />Visual Rights Act of 1990 (17 USC 106A and 113(d)). <br /> <br /> <br /> <br />Page 83 of 264