DATE:
February 20, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Chadrick Smalley, Community Development Director
SUBJECT:
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute A Professional Services Contract With Charmin Roundtree-Baaqee DBA Art Is Luv For Advancement Of The Art Center Project For An Amount Not To Exceed $298,000.
Recommendation
Staff recommends that the City Council receive an update from staff on the Art Center Project and adopt the attached resolution authorizing the City Manager to execute a Professional Services Contract with Art is Luv for advancement of the Art Center Project in an amount not to exceed $298,000.
Background
In March 2006, the Emeryville Redevelopment Agency (“Agency”) purchased 4060 Hollis Street, a property located immediately south of City Hall, northeast of the Hollis Street and 40th Street intersection. The property is 33,697 square feet and is almost completely occupied by a one-story brick building formerly occupied by the United Stamping Company. The Agency purchased this site for the purpose of adaptive reuse of the existing building to provide space for the annual Emeryville Celebration of the Arts Exhibition as well as year-round performing arts uses.
The Art Center is one of the City Council’s priorities for Fiscal Years (“FY”) 2024-2025, as adopted on May 16, 2023. The Art Center is also prominently supported by the polices of the 2016 Public Art Master Plan and the 2017 Economic Development Strategic Plan.
From 2006 through 2020, several plans were advanced to implement the Art Center project. The most recent attempt culminated in a Lease Disposition and Development Agreement (LDDA) between the City and Orton Development Incorporated (ODI) which was executed in October 2020. The LDDA contained provisions intended to ensure the long-term financial viability of the Art Center, including a provision allowing for the termination of the LDDA if any of the conditions precedent to the lease were impossible to meet. During the course of implementing the LDDA, the City determined that the submittal of a Financing Plan with Development Costs less than $12,900,000, as required by the conditions precedent to lease, was not possible. Accordingly, the City provided notice of termination of the LDDA on October 11, 2022.
On April 4, 2023, Mayor Bauters requested a future City Council study session on options for next steps for the Art Center, which was unanimously approved by the City Council. On July 18, 2023 the City Council held the study session, where staff reviewed the project’s history in detail and presented several options for proceeding.
The City Council provided direction to staff as follows:
The following project objectives were confirmed:
• Minimize City subsidy while ensuring fiscal sustainability of operations • Maximize civic and community arts-based uses of the facility • Expedite completion of the project
• Utilize robust community engagement in developing programming for the facility The following project key elements were confirmed:
• Dedicated space for annual Emeryville Celebration of the Arts • Dedicated and managed gallery space for local artists • Flexible use space suitable for performing arts and other community events The City Council supported implementation of the project through a “hybrid” implementation approach, where the City would contract for the design and construction of a building that met the minimum, immediate need of providing a suitable facility for the Emeryville Celebration of the Arts and to find a private operating partner later. The City Council also urged early and robust engagement of the community to ensure any building constructed through this method is responsive to the community’s needs and not just a building shell, and to advance the discussion on operating models and organizations.
The City Council indicated openness to the potential for the project to utilize new construction rather than adaptive reuse of the existing unreinforced masonry building on the project site if this approach would improve financial feasibility of the project.
The City Council directed staff to assemble a “task force” of individuals to advise staff and the Council on implementation of the project, particularly in the area of operational models.
This staff report serves as an update to the City Council on the Art Center Project and recommends award of a contract for consultant support in advancing the project consistent with the City Council’s direction as outlined above.
Discussion
Art Center Advisory Group
After the July 2023 study session, staff met with various community members that have expressed interest in the Art Center project to assemble the task force requested by the City Council. Potential members were identified across a mix of community members with sustained interest in the project and subject matter experts to form the Art Center Advisory Group (“Advisory Group”). Staff solicited input on the recommended membership from the Public Art Committee on November 16, 2023, and from the Economic Development Advisory Committee on December 11, 2023. Both advisory committees expressed unanimous support for the membership as proposed by staff. On December 18, 2023 the City Manager appointed the following individuals to the Advisory Group:
• Community Member: Jean Goldman
• Emeryville Celebration of the Arts Representative: Sharon Wilchar • Performing Arts Focus: Nancy Karp
• Funding Focus: Frances Phillips
• Art Center Operations Focus: Holly Alonso, Archana Horsting, Jose R. Rivera The Advisory Group will meet with staff and City consultants on an ad-hoc basis to help inform the vision, implementation steps, and feasibility for the project. Biographical information on the members is included as Attachment 1 to this report.
Support Contract
To advance the project consistent with the City Council’s direction to conduct robust community outreach, evaluate operating models and financial feasibility, and evaluate the viability of reuse of the existing building, staff requires consultant support.
On May 2, 2023, the City Council adopted Resolution No. 23-51 authorizing the execution of a Standard Agreement with the California Arts Council (“CAC”) for the CAC’s grant of $671,429 to be used to support the promotion, activities/events, and administration of the Rotten City Cultural District (“RCCD”). The Standard Agreement provides for a variety of uses of the grant funds, primarily relating to marketing, events and promotion of the RCCD but also including support of a feasibility analysis, identification of an operational partner, and development of an Art Center that will complement new and existing programs. The Standard Agreement allocated $50,149 for the Art Center-related work.
To deliver the CAC-funded programs, staff circulated a Request for Expressions of Interest for services in support of the RCCD program on July 6, 2023. Letters of Interest were received from five firms and individuals, which helped inform the development of a request for Cost Proposals. On August 24, 2023, staff released a request for Cost Proposals from those submitting Letters of Interest and other interested parties, due initially September 14, 2023, and extended to September 19, 2023.
On September 19, 2023, the following respondents submitted Cost Proposals:
• ABG Art Group (with subconsultant District Works)
• Art is Luv (with subconsultant Jean Johnstone Consulting) • Vickie Jo Sowell
• San Francisco on the Bay Media
Materials from these four respondents were reviewed for cost effectiveness and programming offerings, with a particular emphasis on direct support of artists. Based on this initial review, an interview panel made up of RCCD Advisory Group members and staff was convened on Oct 13, 3023 to interview the teams from ABG Art Group and Art is Luv.
Based on the interviews, the interview panel recommended engaging ABG Art Group for support of RCCD programs outlined in the Standard Agreement except the Feasibility Study support for the Art Center, for which the panel recommended engaging the Art is Luv team, highlighting the strength of the art center portion of their proposal and their experience with organizational development, arts funding, and outreach. On December 19, 2023, the City Council adopted Resolution No. 23-167 authorizing the execution of the contract with ABG Art Group. The contract with ABG Art Group includes coordination with the City’s selected Art Center feasibility consultant, and the accompanying staff report noted that contract negotiations with Art is Luv were underway at that time.
The proposed contract with Art is Luv includes the following broadly-defined tasks, which are further detailed in the Scope of Work (Exhibit A to the Professional Services Agreement):
Review of background documentation (including prior studies, business plans, pro-forma financial statements, cost estimates, etc.) Conduct robust outreach to update prior visioning exercises and arrive at a current vision for the project that is responsive to community needs Engage and help form agenda topics for Advisory Group discussion, input and advice Evaluate the feasibility of reuse of the existing building through architectural and structural subconsultants to determine the most efficient method of delivering a usable building Analyze operational funding and partnership models
Develop a framework for organizational structure for operations.
The proposed contract with Art Is Luv includes coordination with ABG Art Group to establish reciprocal cooperation and leverage the RCCD activities to further the Art Center project, particularly in the areas of community outreach. In addition to the Advisory Group, staff intends to provide periodic updates to the Economic Development Advisory Committee and Public Art Committee as deliverables are formed and progress made over the course of the contract.
The Advisory Group held its inaugural meeting on January 25, 2024. As part of the meeting, staff introduced Art is Luv principals who provided an overview of the proposed contract scope. The Advisory Group expressed support for the proposed approach to advancing the Art Center project.
Fiscal Impact
The proposed contract amount is not-to-exceed $298,000 and the work is expected to be completed over the course of one to two years. As noted above, the CAC grant includes $50,149 for this work and is appropriated in the Fiscal Year 2023-2024 Budget Grant Fund (Fund 254). The balance of the contract amount, $247,851, is proposed to be funded by General Capital funds (Fund 475) appropriated to the Art Center Project (Project No. 06466107).
Staff Communication with the Public
As noted above, staff engaged with members of the public, the Public Art Committee, and the Economic Development Advisory Committee on the formation of the Advisory Group. Staff also provided the Advisory Group with an overview of the proposed contract on January 25, 2024, and provided a status update to the Public Art Committee on February 8, 2024.
Conclusion
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a Professional Services Contract with Charmin Roundtree-Baaqee dba Art is Luv for advancement of the Art Center Project in an amount not-to-exceed $298,000.
Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Draft Resolution, including Exhibit A: Professional Services Contract with Charmin Roundtree-Baaqee dba Art is Luv Attachment 1 – Art Center Advisory Group biographies
Art Center Update and Advancement Contract
| February 20, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM