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.