Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Modify Public Art Requirements, as Recommended by the Planning Board. (Community Development 24062814)
And these are a really good fit for young or emerging artists. Not all of them have are operating under nonprofits. So making this change would give the Public Art Commission more flexibility to fund emerging artists. The park, however, still intends to maintain that nonprofit requirement for grants over $2,000. They would just do that through a series of public art guidelines rather than written into the ordinance. And finally, the current ordinance requires that any expenditure from the Public Art Fund be approved by City Council. The park is recommending that City Council approval only be needed for expenditures above the purchase authority of the city manager, which is $75,000. So this would allow the park to make small changes to public art grants and to implement smaller grants and grant programs in a more flexible and efficient manner. Of course, City Council approval of budget appropriation from the Public Art Fund will continue to be required. The image here shows the fabrication of Palomar, which will be a 12 foot tall bronze squid that will be located at Alameda Point near the heated building. In retrospect, the installation of this artwork this winter or next spring's next. So in April of 2021, the Planning Board also reviewed the proposed changes. They made some excellent recommendations which are listed here. We've incorporated these comments into the draft revised ordinance and in May the Planning Board voted to recommend City Council adopt the proposed changes to the ordinance. There was one concern that the Planning Board actually brings to City Council for consideration. Specifically, they were concerned that the ordinances exemption for 100% affordable housing might result in less public art and affordable housing projects and therefore inequitable outcomes for the folks who live there. One suggestion that the Planning Board made with that was that that exemption only apply if inclusion of the art is an economic impediment to project development. Another way to address this might be to direct the Public Art Commission to consider proximity to affordable housing or other equity measures when selecting public art. And both of these ideas are listed as alternatives in the staff report. Next slide, please. So staff recommendation is that City Council adopts the proposed city wide text amendments to the City of Alameda Zoning Ordinance to modify public art requirements. This image shows a new artwork entitled Beacon by artist Stuart Godfrey that is planned for Waterfront Park at site. Next slide, please. So that concludes my presentation. We're going to end with a piece entitled Title Art by Adrian Segal. This is an 84 foot long concrete sculpture that will be placed at 1951 Harbor Bay Parkway overlooking the bay next winter. And with that, I'd like to thank you for your time and welcome any questions. Thank you. Let's. Are you getting my echo or. Okay, I was. Thank you, Miss Jerky. That was. I love all the visuals in. In your presentation, so thank you for sharing that exciting public art with us. I have one question. What is Deaccession? So the exception is the removal of public art from the city's public art collection. Okay. Okay. Have we done that? We have not done that yet. Generally, there are a variety of ways that you can do that. You can sell the artwork, you can. Unfortunately, sometimes you have to you might have to destroy the artwork if it's degraded to such a point that it that it can't be restored. But there are a few different ways to handle that. But it is a process that's governed by state and federal law and is a lengthy process. Wow. Okay. Thank you for that. And madam, quick, do we have public figures on this item? We do not. Okay. Well, we'll close public comment then on this item and we'll just go straight to council questions, comments, a motion. Councilmember Knox, I think Councilmember de SAC. Thank you for all the great work. To you. I know that it's been a lot of work that's gone into this and to our various boards and commissions. I did want to just make one suggestion. I am prepared to support it. With that, I would like to propose one minor change, which is that while I am in support of being able to move forward within the under the the sorry without council approval onto the city manager's spending, I do think that there should be a requirement that the City Council is notified of what that is and what it looks like, so that if a call for review is needed because the folks who are going to get the calls if something goes in that has a negative impact on our on our community, are going to be the council folks. And it won't be a good look to say, Oh, sorry, we just didn't know about it. I am doubtful that we will get too many calls for review, but I think it might be a way to to balance that that need of just making the council aware at the same time that allowing that the expenditure to move forward quickly without having to delay for council approval. But other than that, great work and I'd be happy to. So I see the city attorney. So I would say, Mr. Sheen, thank you. Thank you for that. Just look at the right side of the screen. I was waiting for Miss Florida State to remind me. Yes. Councilmember, I just have a quick question. Your direction can be implemented two ways. It could be by a council direction, two staff or it could be it could be also done by actually amending the ordinance. That's before you tonight. Do you have a preference on which way you like to proceed? I think if we could move forward with this as a first reading, with that minor adjustment as first reading, I'd like it in the ordinance because I think it's just clear to have it there rather than hoping that somebody remembers that that was the direction, which I'm sure all of you will, but someday you all of you will have found even better jobs. Okay. And would that still constitute a first reading Mr. Show? Yes, it's a minor enough. I just want to make sure we capture it if we're going to modify the ordinance. I always want to make sure we capture the. Juror. Counsel's direction. Councilmember Knox, why, if I may, may I suggest that the modification be in subsection F of 30 dash 98.10. That is the subsection that talks about city manager expenditures. And perhaps we just add a sentence to reflect your direction, which is that any approvals of expenditure by the city manager shall be the city manager shall promptly notify the Council of such expenditure. Does that work for you? As long as. I guess. My only question is if the city manager's approved, the expenditure is there. Has the expenditure been made and therefore isn't called for review? Because my interest is in giving giving future council people the ability to to raise their hand and say, whoa, that is really offensive. I can't believe nobody cut that. I think we should have a discussion about this before it gets spent in and and put up in town. Let's say I'm just using a very hyperbolic example. I'm sure Governor Christie would never do that. But I'm just saying, you know, they did. So I guess my question is, is there a place is there a place before the city manager or is it possible to give the city manager the ability to approve it with a ten day? You know, it doesn't go into effect for ten days or five days. I don't think it has to be like weeks and weeks and weeks of review. I just want an start in it. Let's hear what the city manager has to say. Mr. LEVITT I've done not on public art, but similar type of structure where I have to inform the council ten days. And I don't know if you can put by ordinance or direction. They inform the council ten days prior to approving the purchase, saying I'm intending to approve the purchase. If a council wants to appeal that approval, they can do it within that ten day frame and then it doesn't actually get approved and signed up and it goes straight to council. That would be perfect. It. And this butler. Do you want to hear about minor, minor changes? Like, for example, we came back to council for 15,000, a 1500 dollar increase in to pay for overages on one of the contracts. Do you also want to hear about those? What and. Before? COUNCILMEMBER That's right. Answers I think you're talking about actual installations, aren't you, that things that you would be concerned that neighbors might complain about or. Um, but, you know, to to Ms.. Butler's question, what would you what would you say? I. It might get too complicated to start trying to put together a list of what is and isn't. To me, I'm much more interested from my standpoint on this one. This is approving their work gets approved and it's a $55,000 artwork. I just think that should be alerted rather than he used to come here. I'm just saying give us the heads up that it's coming forward. If it's if it's an overage of within 10% or something like that, and it's still under the thing, you know, I don't think this isn't about is it worth it? It's it's much more about the artwork. So I think that in this Butler's example, no, I wouldn't personally need to see that. I just don't know if it makes it too complicated to try it out. Okay. Let's go back to Mr. Leavitt. Yeah. The way I understood the concern was it's about the artwork, not necessarily the expenditure being five or 10,000. It was artwork and the impact or concerns that could grow in the community. And if that council member wanted to bring up for review, that would do that. And that's what the ten day suggestion was regarding. So if there's a way to phrase that so that it's not change orders and things like that, I think that that would be great. And then just take me one step further. Councilmember Knox Right. So say the someone in the public says, I hate that it comes to the council. What is the council do? I don't think somebody in the well, I mean, somebody the public could say that they hate it. It doesn't go up. So this is this is before the before the city manager has been authorized to make the payment to make the payments. So this is basically right now, the Public Art Commission makes a decision and then comes to the council for our vote of approval. What's proposed is we don't ever see the artwork if it's under the city manager's threshold. I'm saying give us the opportunity to at least see the artwork and have a Oh my gosh, we shouldn't be putting that up then if it's up, it's already been paid for. So we're outside of this process. It's no different than what happens if it happens today. Okay, I see what you're saying. I just like I said, I should have had a really simple way call for review is to counsel people. We have a process for that. And just I think we should just I don't see it getting used very often, but I can see it being the kind of thing that people wish it had existed. And it does become that one problem in 15 years. All right. Other. Councilmember. DE So just maybe two or three points. The first point is it sounds like we're almost creating a whole new animal called public art. A call for review. Maybe I'm reading too much into it. I'm not opposed to it. I'm just saying. I'd be careful about that. The second thing is, do we have a sense if we could sample the number of projects that required public art? Do we have a sense, at least, you know, as to and I'm not asking you to be precise, do we have a sense as to how many were below 75,000 ? Because I kind of want to get how many and what's the universe. So what percentage tends to be below 75,000? Do we do we have a notion about that? Miss Butler. Mr. Key. The the expenditures from the Public Art Fund are typically what we're talking about right now in terms of bringing to council. And we have at this point given $150,000 grant, one $50,000 grant, and I would say the rest were under 75,000. So that includes two or three public art grants and then about 16 small grants between five and 10,000. That's my sense is I got to believe that, you know, where we're giving, you know, kind of small things that are like below. It's just that's just my hunch, which kind of like. Suggests to me that a lot of the I don't know. You know, I think my thing is I sure hate to give up counts of a prerogative as if it was my for good. If I don't want to give it up, it's getting late so that that's just I do sense. And with this because the public art fans are not always going to be spent on an installation of an actual physical art piece. Is that correct? It could also be performance art. So is that something that would come to the council if it's under the city council, a city manager's approval threshold? Councilmember decide. Oh, I just have another question. And so if you wanted to answer. I thought you were going to answer mine. No, no, I'm not. Okay, well, let's go sequentially. Where is is that councilman, is that what you would contemplate any expenditure under? I would have it be any expenditure under the for for a new piece of art, for a newly approved piece of art is how I would say it. So again, back to Miss Butler's example. If the price goes up 1500 dollars, I don't want to have to I don't think we need to be reviewing that type of . That that physical art as opposed to, say, the waterways project. That rhythmic, I. Would say all of it. All of it. Just I don't expect it to be. I'm just saying. Give us the opportunity. Is that kind of Councilmember de point? Yeah, we do. Currently, the buck stops here and I think we're just giving us ourselves the opportunity to raise our hand and say, whoa, whoa, whoa, I've got a problem with that. Whether it's dance or sculpture. I think that the form of the art to me doesn't. Change. That doesn't change that. There could be a concert. To account for her death. So I think my basic question is, has there been any harm in the fact that we know that that the counts I mean, have we somehow slowed up the process? I guess what's what's. Kind of like behind I mean and I don't mean that in a nefarious way, but but what's the source of what I mean? Yeah, I hope you get my question. It's getting late. And I to go with Mr. Leavitt and then this butler. And you're muted, Mr. Levitt. I'll defer to Ms.. Butler first. Okay, Miss Butler. So we've had to come back on change orders. And for small grants like the small grant projects, we couldn't go forward. It was the small grant projects. We were giving out $2,000 grants and we gave out 20 of them for 2000 or less. And so that project could not go forward until we we came to city council and said, we're doing this grant program. We had a 1500 dollars change order that happened. And I. I'm not sure, but I believe it was over the break. I know that the city manager has powers over the break, but we had to wait for that to go forward. We we have another change that we would bring forward to you. A change order that we would bring forward to you. That will take at least a month. It usually takes about six weeks with what the staff reports. I think if anything, it's it's really that change orders that really get get us hold us up. So and and the small grants. It would be nice to do those if if there's a choice. If I can comment on that, my. And thank you, Mrs. Butler. My two comments on that would be. Okay. I could understand change orders because when it comes to change orders, what that means is we have an art that we have adopted and accepted. So it's somewhere or and for whatever reason, you know, they they they are they spent $3,000 more. So I can understand how we don't. But but in terms of. New art, even if it's like. A whole slew of 15, $3,000 each art. I still feel like that's the council prerogative. So I'll just leave it at that. Okay. And the. Mr. Levy, we'll hear from you and then we're going to take a vote, because we do have one more item we're trying to get to before midnight. And this is huge. So, Mr. Levy, then Councilor Spencer. Based on the comments I've heard, I would recommend that maybe you just changed the ordinance to that under 75,000 or let's say 10% for change orders the city manager could approve. But for original art, even small grants that has to come to council that I maintain that. There's a thought councilor for her, Spencer. Though I do have concerns about not having an ability to review proposed projects. However, I think the city manager's comments might very well guess that. Okay. Okay. Let's count through our days, I guess. But I do want to say I hear what Ms.. Butler is saying. So if if they want to come back in one year or two years and say, you know what, this is still a problem, then okay, then let's deal with that. But I do agree. I like with the city manager, it's suggested. Would you like to fashion that into a motion? Oh, you know. Slate will Councilmember Harris does or or Councilmember dogs played fascinated film who. What are the difference time zone. I know. I think I'm kidding. Oh, okay. Okay. Sorry I wasn't clear on that concept. Do we? Okay. We have had a proposal from the city manager. I mean, would you be able to read that back to us? Well, I think it's just an interaction ordinance. Do we need that language specific language city attorney? That's a question. Yeah. Councilman. So I just I haven't heard from either you or the vice mayor about whether you feel that everything does need to come to us for approval. I would not. Kind of. Yeah. I would not bring change back in the thing. I guess we have a public art commission. I think they're pretty confident. I have a lot of faith in staff who works with these issues day in and day out and. You know, I made this proposal, so I. I just worry that we can get down into the weeds and really delay projects. And so, no, I didn't see it as such a compelling need. And, you know, when it comes to art, it's just, you know, it's so subjective. Eye of the. Beholder. What standards are the the council going to to apply? So I. I was comfortable with the staff's proposal. But I, you know, I'm hearing the city manager's proposed modification, which I think is reasonable. So that's where I am. And. Vice Mayor, did you want to add anything? And I'm fine with the city manager's proposal and proposed modification, I should say, rather than proposal. I do get concerned with the amount of things that potentially would be run by the council and can come through here. I think there's a lot of other items that we are dealing with. I do hear Councilmember Knox weigh in his concern relative to the kind of the outlier situations that might exist. But I feel like it's not enough to really convince me to want to legislate around that issue. Or to allow for that issue. And I think that it could ultimately and I guess my concern is that it could ultimately result in a lot of things coming to council as opposed to finding a way for that one issue to get raised and then for us to address things as they actually arise. I don't I just feel like we're kind of ledges that we would be trying to address an issue that hasn't really come up and would be a rarity and potentially could be. Misused, I guess you could say, resulting in kind of more things coming to council than are needed. Councilwoman Maxwell, I see a question. And you're. Just a little confused because currently everything comes to council staff proposal, nothing comes to council. We've got two people saying they want everything to come to council, not YouTube, not sorry, I'm sorry. I'm putting the pictures on the screen. That's terrible. But I hear council member de-stocking her expense, are saying they'd like to have everything come for approval. I'm hearing mayor as the know. Okay. I'm sorry. I was comfortable with what staff was proposing. That all our comes accept change orders. No, under the threshold that is the city manager's. Expenditure authority. Misunderstood him. Sorry. And I saw that the way that the mayors. Reiterating may look back over the the staff report to pull that. Out, waiting for the city manager to jump in. And say, manager, feel free to do that. Are actually Mr. Key and Ms.. Ms.. Butler. I don't want to miss sides. Can I just say, like the City Planning Board, all of our items can be appealed to the city council. So there's a ten day period after approval that they can be approved uphill to the city council. Yes. Okay. It's cancer. It's 25 seconds. Explain something. When I as a council member approve of an art, I kind of feel like Santa Claus. I kind of feel like I'm bequeathing I'm helping bequeath this something that's going to be of artistic benefit. So I just don't want to give up that. That's my point is I just don't want to give that up. And so to me, you know, appealing just doesn't work. I'd like to approve art. Okay, fair enough. Let's take a vote. Where's the emotion? Let's vote on it. Mr. Shannon, did you want to add something before we vote? May I read the wording of the change before you vote so that you know what you're voting on? Or we still need a motion. So maybe. Well, I think we want to hear what it is that the proposed. Yeah. Let's hear from. You. So I think the change will. Now I'll read the whole paragraph. The Alameda City Council shall authorize expenditures from the Alameda Public Arts Fund consistent with the purpose of this article, except that the city manager shall be authorized to approve change orders within the city manager spending authority. All requisitions and purchases shall be authorized consistent with approval authorizations in the City of Alameda Purchasing Policy, the city manager shall notify the Council of any expenditure approved by the City Manager on any change order. Any two council members may call the city manager's decision for review within ten days of the city manager's notification. If no call for review is timely perfected, the city manager's decision shall become final and effective. That's fine. And just to clarify, but that's. Three. Days ago. So that's the change orders. So so we still have authority over everything else? Yeah. Okay, good. Yeah. So. Here, change orders. Okay. Okay. So that's been moved. Maybe we have a second. Councilmember Harry Spencer. Okay. And just so I'm clear. A vote not to approve that proposal would leave the ordinance. With what? With coming back to council for everything. Change orders included. Is that correct, Miss Butler? Status quo. Yes. That part of the ordinance. Unless you don't vote on the ordinance. Okay. Well, I would like us not to get into the weeds that much, so. Okay. We have a motion in seconded. Right. Correct. Remind me who made it again. Any customer based on the motion councilmember. Her sponsor. Seconded. Okay. Vice Mayor. I thought the proposal was to not just have that for the change order, but to have it for for everything. And then to go to the call for review for everything. The I understand that it's only for that one provision. That was my recommended change to what was previously proposed. So I'm consistent. My change proposal was consistent with what the city attorney read. Okay. And this is. Okay. And this is actually you're amending the ordinance to add this language, correct? Yes. Okay. And Mr. Shen directs us again to the provision, the particular section. In subsection F of section 30, dash 98.10. Which is on page nine of 11. I'm sorry. I am not finding that this is in the witch exhibit. It's in the ordinance, which I don't think it has an exhibit. It's not. It's neither exhibit. It's sort of the fifth link down. It just says ordinance. Well, the ordinance is four pages long. Sorry. Sorry. I was on that roll. It just jumped to a different item. Sorry. Sorry. Yes. Okay, let's do nine over 11. Okay. And so. F. Mm hmm. So she has to office expenditures that exceed the purchasing power she managed for the authority of city manager to. So with that. Okay. Our sister. Okay. And we're. Saying. This motion is to remove change. Orders from. Well, the council would be approving. Correct. So maybe I'll just reread the whole paragraph because this motion changes this paragraph completely. A lot of people were nodding and you don't. Okay. Okay. You go ahead. I'll just read the whole paragraph. Some of the council's clear. The Alameda City Council shall authorize expenditures from the Alameda Public Arts Fund consistent with the purchase purpose of this article, comma. Except that the city manager shall be authorized to approve change orders within the City Manager Spending Authority. All requisitions and purchases shall be authorized consistent with the approval authorizations in the City of Alameda Purchasing Policy. The City Manager shall notify the Council of any expenditure approved by the City Manager on any change order. Any two councilmembers may call the city manager's decision for review within ten days of the city manager's notification. If no call for review is timely perfected, the city manager's decision shall be final and effective. Okay. Let's have a vote. Any more questions? Council. No, I was okay. Not fake calls from then by super villain. I'm not sure if I'm going to be trying to decide if I'm going to support this or not, because it's actually the almost the opposite of what I was proposing, which was that we be notified by art but let it go through and not be notified about to change orders. I feel like this is this is reversing the recommendation that I supported when I was just trying to give us a little bit more whatever. And so if we could if there is support of a majority of the council, which I think since shaking heads there is. With, would you like to attempt to find the amendment, actually hold that from the amendment, if possible, from the amendment. Let's hear from Vice Mayor Vella, because you look concerned as well. I actually don't think it's a friendly amendment. I think it's a separate defense. So you don't think so, do you? Okay. That's why I. Think it's a good. Alternative. Substitute motion. Substitute motion, I think because anyways, I well. You you can propose a substitute motion and if it's seconded, that will get voted on first. If I recall policy procedures correctly, if you want to make such a motion council member. That's why. I ah. Advised Mayor Villa because no. No I'd like counsel over, not wait to make the. Determination just as to have specific language. I would just ask if the city attorney is their language. You could quickly just shift to make it so that our word, the notification is for any approvals under the city manager's spending authority. Any art approvals, but not change. Order. Yeah, just change orders are within his authority that we've already approved the art. Those don't need to come to us like that. Thank you. I hope. That is. What I thought I heard. So, Councilmember. I want to be clear so that what I read to you does not allow the city managers to approve any new artwork. What you're saying is that you do want the city manager to produce, which is the staff. Which is the staff recommendation. Okay. All we were trying to do is just give a little like heads up. We've approved this. You got ten days to say, Oh my God, I hate that. Bring it to us. So allow the city manager the authority, but simultaneously bring that notice to the City Council within ten days of the decision being made. Eric had language that I think is needed. Did. Yeah. You know. Mr. Levitt, can you can you restate because I did. I will see if I wrote it down. Could you restate it one more time? Well, I was focused on allowing you to continue to seem to approve the artwork based on what I was hearing and then do what my my recommendation was consistent with what the city attorney read. But it sounds like the majority of the council wants to go a different direction maybe, or some councilmembers a different direction. I think I, I think you may have a three vote majority. Councilmember Knox. Right. For the. The. Art approvals under. Yeah. But the standard for. The. Mediation with notification. So I'm prepared to read something new if that's helpful. And we're prepared to hear. Something is so. Okay. Rebecca, on page nine of 11. So replacing paragraph F again. So right now it. Reads The Alameda City Council shall authorize expenditures from the Public Arts Fund consistent with the purpose of this article, except that the city manager shall be authorized to approve expenditures within the city manager spending authority. All requisitions and purchases shall be authorized consistent with approval authorizations in the City of Alameda Purchasing Policy. The city manager should notify the Council of any expenditure approved by the City Manager for any new artwork or project. Any two council members may call the city manager's decision for review within ten days of the city manager's notification. If no, no call for review is timely perfected, the city manager's decision shall become final effective. Do we need the date by which the city manager notifies the council so that we're not. Time to do the for review. Has it passed? It's ten days from his notification. Okay. It doesn't matter until he. Until he tells us something. It doesn't matter. Got it. Ten days from the notification. Okay. All right. Councilmember Dogfight, is that your emotions? My emotion. Okay. My emotion. That I am. Establishing emotion of my values. Seconding Councilmember De thought. Your hands up. Just a quick comment. I just hate to give up my council prerogative when it comes to approving public art from the Arts Commission. Understood. Thank you. May we have a roll call vote, please. I'm so invitation no or censor my next fight. Hi. Fella. Hi. Mayor. As he Ashcraft. High, that carries 4 to 1. Okay. All right, counselor. It is 1155, which I think is a bit late before midnight to hear the Sunshine Ordinance item. Would you agree? So with that Councilmember Knox way. You're muted. I'm sorry. The long way. A long way across my screen from my mouse. Can I move that? We continue item 60 to a 659 meeting on September 7th. Yes, that we can do that. Correct. Clerk right. There. Yes. You need a second for that motion. Nice for. Villa. Okay. Thank you. May we have a roll covered Annapolis member guy? Oh, hold it. Sorry. Sorry, Mr. Shin. I'm sorry. September 30th of Friday. Council member. He said seven, I think. Oh seven. I'm sorry. I haven't heard you. And I think it's important as a meeting date, but I remember. It. Is getting late, people. Okay, Counselor, it is not. My. Her center. I know it's right. Sorry. As I. I carries by five. Thank you. Well, then. And actually, council and staff. I want to thank all of you. You've done a tremendous amount of work since the beginning of this year. Actually, since the beginning of this pandemic. I kind of feel like we have been doing double duty. We've had a lot of heavy issues coming before us. I feel like we're getting things done and I really we couldn't we couldn't do it without each other. So thank you for the role that staff plays. We have a very hardworking staff and we stretched some really thin and we're so grateful. And so to all of you, enjoy a month off without council meetings, get some well-needed rest and relaxation, come back revitalized because we've got more important work to do. But again, I really we don't always agree and see eye to eye, but it is an honor and a privilege to serve with all of you and to serve with the staff. And so thank you very much and have a great summer. We'll see you in September. Take care of you. Goodnight.