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2016-10-18 Continued October 4 Regular CC Minutes Continued October 4, 2016 Regular Meeting Alameda City Council October 18, 2016 MINUTES OF THE OCTOBER 4, 2016 CONTINUED REGULAR CITY COUNCIL MEETING TUESDAY- -OCTOBER 18, 2016- -6:00 P.M. Mayor Spencer reconvened the meeting at 6:05 p.m. ROLL CALL - Present: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie and Mayor Spencer – 5. Absent: None. REGULAR ITEM (16-515) Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Facilitate the City's Ability to Disperse Public Art Funds, and Amend the Fiscal Year 2016-17 Public Art Fund Budget by $200,000 and Capital Improvement Projects Fund Budget by $100,000; (16-515A) Supplemental Report Regarding the Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Facilitate the City's Ability to Disperse Public Art Funds, and Amend the Fiscal Year 2016 -17 Public Art Fund Budget by $350,000 and Capital Improvement Projects Fund Budget by $100,000. [The Proposed Amendments are Categorically Exempt from the Requirements of the California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.] The Community Development Director gave a brief presentation on the supplemental report. Mayor Spencer inquired whether there are two separate votes: 1) Introduction of the ordinance amending the Alameda Municipal Code and 2) Amend the Fiscal Year Budget by $350,000. The Community Development Director responded in the affirmative. Mayor Spencer suggested addressing the two issues separately and having two separate votes, to which Council agreed. Stated as a potential public art fund contributor, he would want his donation to be allocated to projects via direction from the Public Art Commission (PAC); urged Council to vote against the current proposal: Marcel Sengul, Alameda. Reviewed the Performing Arts and Learning program (PAL); stated the PAL program serves schools and is run with no financial support from the City; urged the Council not to support the ordinance and develop a fair and transparent process: Laili Goharta. Continued October 4, 2016 Regular Meeting Alameda City Council October 18, 2016 Stated art is important to the health of a community; she advocates for a fair and transparent system to distribute public art funds and allow the community to experience the benefits of public art: Janet Koike, Alameda. Stated neighboring cities have public art ordinances; urged Council to support a fair and transparent system for public art for the residents of Alameda : Elaine Fong. Stated the much needed funds will enhance the legacy of Jean Sw eeney Park; urged Council to approve the $100,000: Jim Sweeney, Jean Sweeney Open Space Park Fund. Stated the funds should go to fund cultural art: Katina Huston, Alameda. Stated having art in public parks makes it available for everyone to enjoy; urged Council to approve the appropriation for Jean Sweeney Park, art installation and cultural art in Alameda: Dorothy Freeman, Alameda. Urged Council to create a fair, transparent and sustainable Request for Proposal (RFP) process for art project funds; stated every artist deserves the chance to apply for funds: Julie Baron, Alameda. Stated the City of Alameda’s art budget is very small; other cities have a larger public art fund; urged Council to develop a fair process: Donna Layburn, Downtown Alameda Business Association. Stated that she would like to see public art throughout the City; there needs to be a transparent funding program; other cities have an easy process for citizens to take part in public arts; Alameda needs to make a commitment to the arts in a fair and equitable way for all organizations: Audrey Lord-Hausman, Alameda. Submitted petitions; stated that she would like to see a fair and equitable process in the distribution of public arts funds; urged Council to amend the current staff recommendation to call for an unbiased process to distribute the City’s art fund: Tina Blaine, Alameda. Expressed support for a fair and open process: Carolyn West. Stated improvement is needed for an open application and a clear RFP process; the real issue is a fair, transparent and equal process to disburse the funds; urged Council to reject the proposal: Corey Hill, Alameda. Stated that he supports public art; there should be a fair and open process; all funding should be directed to the PAC; urged Council to eliminate the developer cap: Amos White. Urged Council to keep the historic requirement: Janet Gibson, Alameda. Continued October 4, 2016 Regular Meeting Alameda City Council October 18, 2016 Vice Mayor Matarrese stated when there was a vote in 2006, he understood the money would be distributed by the PAC; in the two years he has been on Council, not one recommendation has come from PAC on how to distribute the funds; the original intent of the ordinance was derailed; he wants to hear from the PAC on what to do with the money. Councilmember Ezzy Ashcraft stated that she would like to hear from the PAC; it is not staff’s role to decide where the $100,000 should be disbursed; the process needs to be transparent; the decision is not Council’s to make without hearing from the PAC; there is an entire City that is worthy of the placement of public art; the PAC should craft an RFP process; the requirement that public art must be maritime or historically themed should be removed; there needs to be a clear idea of the allowable amount of administrative fees. Councilmember Daysog stated the challenge is that Jean Sweeney Park is a monumental project; the public needs to be involved and give input to the PAC; the PAC needs to be more involved; the PAC should work with the public to identify the elements everyone wants to celebrate. Councilmember Oddie inquired whether there will be two votes: one on the budget allocation and one on the ordinance. Mayor Spencer responded in the affirmative; stated she has not heard from all Councilmembers yet. Councilmember Oddie stated expanding the non -profit organizations is a good idea; he would like to find a way to preserve the culture for future generations to enjoy; he agrees with the lower cap on administrative costs; spending PAC funds on maintenance and repairs is not a good idea; there is an obligation to preserve the maritime history through art; the City made a commitment to Jean Sweeney Park a nd the money should go to the park; there should be an RFP process for any artist that would like to put public art at Jean Sweeney Park. Mayor Spencer stated that she would prefer to have a decision tonight; money has been sitting for years; she wishes the matter had gone through the PAC. The Community Development Director stated the matter went to the PAC on February 18, 2015, then to the Planning Board, then to Council; PAC has reviewed the ordinance, but has not reviewed the RFP process. Mayor Spencer inquired if the Jean Sweeney Park allocation went through the PAC, to which the Community Development Director responded in the negative; stated the allocation of funds did not go through any other advisory body , it came directly to the Council. Continued October 4, 2016 Regular Meeting Alameda City Council October 18, 2016 Mayor Spencer stated her preference would have been to have the allocation of funds go through the PAC, then to Council; inquired whether staff is not looking to raise the percentage to 1.5%; stated 1% is not sufficient; she would prefer to lower administration costs to 10%, rather than 20%. The Community Development Director responded the fee is for third party administrators; if the funds are awarded to an art program or entity, it would be capped at 20%. Mayor Spencer stated that she would like Council to consider a 10% cap on administrative costs; maintenance and repair costs should be a question for staff; she agrees with the division of the 75% for performing arts and 25% for physical arts; it is critical to remove the cap; suggested keeping the historic and maritime traditions since the PAC can approve projects that are not historic or maritime. Councilmember Oddie stated his statements are very c lose to what Mayor Spencer is requesting. The City Manager stated if there are changes that staff and Council can agree on, staff can bring the matter back to the PAC again with direction from Council; staff can make the changes in draft form, take the draft to the PAC, then back to Council for the second meeting in November or December. Councilmember Daysog stated the matter should be brought to the PAC with all the concerns that were raised. Mayor Spencer stated that she cannot support pulling the Jean Sweeney Park out of the process; it is unfortunate that staff made the recommendation; she feels it is critical to be impartial; it is critical that the proposal for Jean Sweeney Park go through the process. Councilmember Daysog stated that he would like to hear what the PAC, the artists and the proponents have to say about Jean Sweeney Park. Councilmember Ezzy Ashcraft suggested directing staff to take the input on amendments Council wants to see for the proposed ordinance. Mayor Spencer inquired if Council could give direction to increase the 1% to 1.5%. Councilmember Ezzy Ashcraft inquired whether the cap could be taken away and keep the 1%; stated there are other items the City might want developers to pay for. Mayor Spencer responded her choice is to have 1.5% and no cap. Councilmember Daysog stated the public is better served by having the PAC decide with all the input from the public and Council. Continued October 4, 2016 Regular Meeting Alameda City Council October 18, 2016 Vice Mayor Matarrese moved approval of having the ordinance go back to the PAC for a full discussion of each of the points raised by Council: the cap, the percentage of developer contributions, the administrative fees, the maintenance fees, the RFP process, making sure the percentage of what is performing arts and what is visual arts is discussed and making clear arts are offered to the general public free of charge ; questions of the proposed allocations should go back to the PAC for their recommendation to the Council. Councilmember Ezzy Ashcraft requested clarification whether the allocations would go back to the PAC; stated she would prefer the PAC come up with an application process and Council would make the final decision. Vice Mayor Matarrese accepted the friendly amendment. Councilmember Daysog stated if staff has viewpoints or recommendations for Jean Sweeney Park, they should come back to Council with recommendations. Vice Mayor Matarrese stated said suggestion is the usual way the process works. Councilmember Oddie seconded the motion. Under discussion, Councilmember Oddie stated he would like to make sure his thoughts regarding the position on the historic and maritime are known to the PAC. On the call for the question, the motion carried by unanimous vote – 5. ADJOURNMENT There being no further business, Mayor Spencer adjourned the continued meeting at 7:23 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.