Title
Recommendation to Approve an Exemption from the Public Art Requirement for the Alameda Food Bank. (Base Reuse and Economic Development 10061810)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The City of Alameda’s (City’s) Public Art Ordinance (the Ordinance, Exhibit 1, Alameda Municipal Code (AMC) Section 30-98) requires commercial, industrial, and municipal development projects costing $250,000 or more to devote one percent (1%) of building development costs for public art in the City. On August 2, 2024, the Alameda Food Bank (Food Bank) purchased Building 607 and the associated 1.7 acres of land at 677 West Ranger Avenue from the City for $3.06 million to construct a permanent Community Market for the distribution of food to vulnerable households. The Food Bank is making additional investments totaling $5 million, which triggers the Ordinance requirement to either install on-site public art valued at, or pay an in-lieu fee of, $50,000. The Food Bank indicates that the requirement is cost-prohibitive for the non-profit whose primary mission is to serve Alameda’s most vulnerable populations experiencing food insecurity. The Food Bank seeks an exemption so that they can proceed to obtain permits and open their new facility in the near future. Staff recommends that City Council fully exempt the Food Bank from the Public Art requirement pursuant to AMC 30-98.3.b.4.
BACKGROUND
In 2022 the Food Bank, a local nonprofit organization, approached the City to discuss its desire to purchase land for the construction of a permanent, new facility. The Food Bank currently serves approximately eight percent (8%) of Alameda’s residents and approximately 700 families per week. It is open to the public on Monday, Wednesday, and Friday. It has a paid staff of four, supplemented by volunteers. The Food Bank currently provides their services from approximately 18,000 square feet of leased space in Building 92, which is immediately across the street from the new, 1.7-acre site at Building 607, located at 677 West Ranger Avenue. The new, permanent facility will include a similar 18,000 square foot Community Market, providing a grocery store experience for residents seeking food assistance and expanded food storage to prepare for emergencies affecting the larger community.
On November 13, 2023, the Alameda Planning Board held a public hearing at which they reviewed and unanimously approved the Food Bank’s proposed Development Plan and Use Permit for the new site. On March 19, 2024, City Council authorized the City Manager to execute a purchase and sale agreement for Building 607 with the Food Bank. On July 22, 2024, the Planning Board approved the Design Review permit for the new building and site improvements.
On August 2, 2024, the Food Bank purchased this site from the City for $3.06 million. The acquisition of the property, along with additional investments and construction costs to expand and refurbish Building 607, totaling $5 million, is entirely funded by the Food Bank. Based on this total cost of the project, the Ordinance would require a Public Art contribution of $50,000 to the City, either through development of on-site public art installation, or through payment of an in-lieu fee.
DISCUSSION
Given the cost of the Food Bank’s recent expansion investments, the Food Bank indicates that the required public art contribution would be cost-prohibitive to the project and pull resources away from the critical service the Food Bank has provided to Alameda residents and the greater community for nearly fifty years. Furthermore, the expansion and renovation of Building 607 includes the addition of trees, landscaping and other improvements beautifying and rehabilitating Alameda Point’s Historic District.
Under the Public Art Ordinance, AMC Section 30-98.3.b.4, non-profit development projects may be exempted (fully or partially) from the Public Art requirement when the City Council finds that
“based upon the characteristics of the project or the project budget, it is in the best interests of the Alameda community to do so.”
Because the Food Bank is a nonprofit organization, a long-standing pillar of community service, and because they are rehabilitating and investing in the revitalization of Alameda Point’s Historic District, staff recommend the project be fully exempted from its Public Art obligation. The Food Bank’s planned opening in the near future is conditioned upon either satisfying the requirement or obtaining an exemption, as the project is actively pursuing building permits.
ALTERNATIVES
• Approve recommendation to exempt the public art requirement for the Food Bank;
• Do not approve recommendation to exempt the public art requirement; or
• Approve partial exemption of the public art requirement.
FINANCIAL IMPACT
A waiver of the public art requirement would result in the loss of on-site art contribution valued at, or in lieu fee of, $50,000 to the Public Art Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the Public Art Ordinance, AMC Section 30-98.3.b.4 and the City of Alameda Public Art Master Plan. It also supports the City FY 2023-26 Strategic Plan, Projects TIE35a Reuse and renovate buildings in the Alameda Point Historic District and HH5 Coordinate with Alameda Food Bank on their relocation and solicit purchase offers for Building 92.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
Provision of food bank facilities in a mixed use, transit oriented, urban infill location is consistent with and supports the City of Alameda Climate Action Plan and regional and statewide Climate Protection and Greenhouse Gas Emission reduction strategies, including the Bay Area’s Sustainability Strategy: Plan Bay Area.
RECOMMENDATION
Approve an Exemption from the Public Art Requirement for the Alameda Food Bank.
Respectfully Submitted,
Abigail Thorne-Lyman, Base Reuse and Economic Development Director
By,
Jackie Keliiaa, Development Manager
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibit:
1. Public Art Ordinance, AMC Section 30-98