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HomeMy WebLinkAbout09-14-2017 - CAC - Agenda PacketCITY OF NEWPORT BEACH CITY ARTS COMMISSION AGENDA Civic Center Council Chambers 100 Civic Center Drive, Newport Beach, CA 92660 Thursday, September 14, 2017 - 5:00 PM City Arts Commission Members: Judy Chang, Chair Arlene Greer, Vice Chair Michelle Bendetti, Secretary Miriam Baker, Commissioner Grace Divine, Commissioner Barbara Glabman, Commissioner Marie Little, Commissioner Staff Members: Tim Hetherton, Library Services Director Francine Jacome, Administrative Support Technician The City Arts Commission meeting is subject to the Ralph M. Brown Act. Among other things, the Brown Act requires that the special meeting City Arts Commission agenda be posted at least seventy-two (72) hours in advance of the meeting and that the public be allowed to comment on agenda items before the Commission and items not on the agenda but are within the subject matter jurisdiction of the City Arts Commission. The Chair may limit public comments to a reasonable amount of time, generally three (3) minutes per person. The City of Newport Beach’s goal is to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, you will need special assistance beyond what is normally provided, we will attempt to accommodate you in every reasonable manner. Please contact Tim Hetherton, Library Services Director, at least forty-eight (48) hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible at (949) 717-3801 or thetherton@newportbeachca.gov. NOTICE REGARDING PRESENTATIONS REQUIRING USE OF CITY EQUIPMENT Any presentation requiring the use of the City of Newport Beach’s equipment must be submitted to the Library Services Department 24 hours prior to the scheduled meeting. I.CALL MEETING TO ORDER II.ROLL CALL III.NOTICE TO THE PUBLIC The City provides a yellow sign-in card to assist in the preparation of the minutes. The completion of the card is not required in order to address the City Arts Commission. If the optional sign-in card has been completed, it should be placed in the tray provided at the podium. The City Arts Commission of Newport Beach welcomes and encourages community participation. Public comments are generally limited to three (3) minutes per person to allow everyone to speak. Written comments are encouraged as well. The City Arts Commission has the discretion to extend or shorten the time limit on agenda or non-agenda items. As a courtesy, please turn cell phones off or set them in the silent mode. IV.PUBLIC COMMENTS Public comments are invited on agenda items. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The City Arts Commission has the discretion to extend or shorten the speakers’ time limit on agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. September 14, 2017 Page 2 City Arts Commission Meeting V.CONSENT CALENDAR All matters listed under CONSENT CALENDAR are considered to be routine and will all be enacted by one motion in the form listed below. City Arts Commissioners have received detailed staff reports on each of the items recommending an action. There will be no separate discussion of these items prior to the time the City Arts Commission votes on the motion unless members of the City Arts Commission request specific items to be discussed and/or removed from the Consent Calendar for separate action. Members of the public who wish to discuss a Consent Calendar item should come forward to the lectern upon invitation by the Chair. A.Approval of Minutes of the August 10, 2017, and August 29, 2017 City Arts Commission Meetings Draft of 08/10/2017 Minutes1. 09-14-2017 - CAC - 01 08-10-2017 Draft Minutes.pdf Draft of 08/29/2017 Minutes2. 09-14-2017 - CAC - 02 08-29-2017 Draft Minutes.pdf B.Consent Calendar Items Financial Report3. Review of financial information. 09-14-2017 - CAC - 03 Financial Report.pdf Cultural Arts Activities4. Monthly review of cultural arts activities from the Library Administrative Office for upcoming Library and City arts events and services. 09-14-2017 - CAC - 04 Cultural Arts Activities for August 2017.pdf VI.CURRENT BUSINESS A.Items for Review and Possible Action Council Policy A-2, Boards, Commissions, & Committees5. Staff recommends that the City Arts Commission determine a project that they wish to raise funds for and justify the exception to City Council. 09-14-2017 - CAC - 05 Staff Report Council Policy A-2, Boards, Commissions, & Committees.pdf 09-14-2017 - CAC - 06 ATTACHMENT A - Council Policy A-2 - Boards, Commissions, and Committees.pdf September 14, 2017 Page 3 City Arts Commission Meeting Date of the 2018 Newport Beach Art Exhibition6. Vice Chair Arlene Greer recommends that the City Arts Commission approve Saturday, June 16, 2018, as the date of the 54th Annual Newport Beach Art Exhibition. 09-14-2017 - CAC - 07 Staff Report Determine Date for 2018 Newport Beach Art Exhibition.pdf Selection of Works for Phase III of the Sculpture in Civic Center Park Exhibition 7. The Sculpture Exhibition Ad Hoc Subcommittee recommends that the City Arts Commission approve nine sculptures and their proposed locations within the Civic Center Park for recommendation to City Council. 09-14-2017 - CAC - 08 Staff Report Sculpture Exhibition Phase III Recommendations.pdf 09-14-2017 - CAC - 09 ATTACHMENT A - Recommended Sculpture in the Civic Center Park Exhibition Phase III.pdf B.Monthly Reports Sculpture Exhibition Ad Hoc Subcommittee8. Commissioner Miriam Baker, Commissioner Grace Divine, Commissioner Arlene Greer VII.CITY ARTS COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) VIII.PUBLIC COMMENTS ON NON-AGENDA ITEMS Public comments are invited and non-agenda items generally considered to be within the subject matter jurisdiction of the City Arts Commission. Speakers must limit comments to three (3) minutes. Before speaking, we invite, but do not require, you to state your name for the record. The City Arts Commission has the discretion to extend or shorten the speakers’ time limit on agenda or non-agenda items, provided the time limit adjustment is applied equally to all speakers. As a courtesy, please turn cell phones off or set them in the silent mode. IX.ADJOURNMENT DRAFT 1 Newport Beach City Arts Commission Special Meeting Minutes Thursday, August 10, 2017 Regular Meeting – 5:00 PM Study Session – 6:00 PM City Council Chambers 100 Civic Center Drive Newport Beach, CA 92660 I. CALL MEETING TO ORDER – 5:02 P.M. II. ROLL CALL Commissioners Present: Judy Chang, Chair Arlene Greer, Vice Chair Michelle Bendetti, Secretary Miriam Baker Grace Divine Barbara Glabman Marie Little Commissioners Absent: NONE Staff Present: Tim Hetherton, Library Services Director Francine Jacome, Administrative Support Technician III. NOTICE TO THE PUBLIC IV. PUBLIC COMMENTS Jim Mosher inquired about the Cows4Camp auction. Chair Chang advised that the silent auction was held during the Arts Exhibition. V. CONSENT CALENDAR A. Approval of Minutes of the July 13, 2017 City Arts Commission Meeting 1. Draft of 07/13/2017 Minutes Vice Chair Greer advised that she did not second the motion by Chair Selich under Item III, Election of Officers, and she voted no on the motion. In addition, Commissioner Divine seconded the nomination of Commissioner Greer for Vice Chair. Motion made by Vice Chair Greer, seconded by Chair Chang, and carried (7-0-0-0) to approve the draft Minutes for the meeting of July 13, 2017 as amended. AYES: Chang, Greer, Bendetti, Baker, Divine, Glabman, Little NOES: None ABSTENTIONS: None ABSENT: None Newport Beach City Arts Commission Regular Meeting Minutes August 10, 2017 Page 2 2 B. Consent Calendar Items 2. Financial Report - Review of financial information. Library Services Director Hetherton noted the financial report indicated a deficit of $1,500. The regular quarterly cleaning of the Ben Carlson statue was moved from July to June in order to accommodate an event planned for the Newport Pier. Finances are on track. Funds were expended to de-install the Cows4Camp exhibit. Funds may need to be expended for minor repairs to the cows. 3. Cultural Arts Activities - Monthly review of cultural arts activities from the Library Administrative Office for upcoming Library and City arts events and services. Library Services Director Hetherton reported large crowds attended the Flashback Heart Attack and Pacific Symphony concerts. The John Wayne exhibit in the Central Library is generating a lot of interest. The Memories in the Making exhibit will open September 3 to coincide with Alzheimer's month. In response to Vice Chair Greer's question, staff indicated a lecture associated with the John Wayne exhibit is scheduled for August 20. In response to Chair Chang's inquiry, Library Services Director Hetherton stated Tijuana Dogs had a higher attendance than the Pacific Symphony. Motion made by Vice Chair Greer, seconded by Commissioner Baker, and carried (7-0-0- 0) to approve the Consent Calendar. AYES: Chang, Greer, Bendetti, Baker, Divine, Glabman, Little NOES: None ABSTENTIONS: None ABSENT: None VI. CURRENT BUSINESS A. Items for Review and Possible Action 4. Cultural Arts Grants 2017/18 – Staff will provide an overview of the Cultural Arts Grants for arts organizations who are based or provide programming in Newport Beach. The sum of $40,000 (Cultural and Arts, City Grants Account #4002-8254) is provided annually for specific cultural or artistic planning or projects as approved by the City Council. The City Arts Commission has the responsibility to review all programs and requests for support from arts groups and make recommendations for funding to the City Council for final approval. Library Services Director Hetherton reported the City provides $40,000 to the City Arts Commission for Cultural Arts Grants. The City Arts Commission will award grants to arts people who hold programs within the City of Newport Beach. Applications are placed on the website and sent to recipients from the prior year, and press releases will be issued to Newport Beach City Arts Commission Regular Meeting Minutes August 10, 2017 Page 3 3 encourage people to apply. In October, the City Arts Commission will review applications and award grants. The prior year recipients submit a completion report showing marketing efforts, expenditures, and attendance. In 2016, the City Arts Commission concentrated on encouraging entities to hold programming within the City. He recommended Commissioners consider marketing and outreach when reviewing applications from prior recipients. In past years, the City Arts Commission has granted funds to itself for its own programming. The City Arts Commission can do this again. Applications are due at the end of September. In October, the City Arts Commission will determine the grant amounts and the recipients, which the City Council must approve. Checks are usually disbursed in November. In response to Chair Chang's inquiry, Library Services Director Hetherton indicated recipients provide photos and promotional materials with the completion report. Vice Chair Greer requested Library Services Director Hetherton encourage recipients to include attendance numbers in their completion reports and to note in promotional materials that funding was provided by a City Cultural Arts Grant. B. Monthly Reports 5. Sculpture Exhibition Ad Hoc Subcommittee -- Commissioner Miriam Baker, Commissioner Grace Divine, Commissioner Arlene Greer Vice Chair Greer requested a report be waived as the Sculpture Exhibition will be the topic of the Study Session. VII. CITY ARTS COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Vice Chair Greer requested a future agenda item regarding selection of artwork for the Sculpture Exhibition. In response to Vice Chair Greer's question, Library Services Director Hetherton indicated subcommittees were sunsetted during the July meeting. Also at the July meeting, subcommittees were appointed for the Sculpture Exhibition and placement of the Ronald Reagan statue. Motion made by Vice Chair Greer, seconded by Commissioner Divine, and carried (7-0-0-0) to sunset the Reagan Sculpture Ad Hoc Subcommittee. AYES: Chang, Greer, Bendetti, Baker, Divine, Glabman, Little NOES: None ABSTENTIONS: None ABSENT: None In reply to Vice Chair Greer's inquiry, Library Services Director Hetherton indicated that the Chair can appoint a subcommittee to review applications for Cultural Arts Grants or the City Arts Commission can review all applications. Vice Chair Greer noted the City Arts Newport Beach City Arts Commission Regular Meeting Minutes August 10, 2017 Page 4 4 Commission made the final decision of which applications to recommend to the City Council. VIII. PUBLIC COMMENTS ON NON-AGENDA ITEMS Heather Gokhman shared the purpose of her business, Muse Me. Muse Me tours are meant to alter one's perception of the art space being observed. Tours are funded through sponsorships and advertisers. From the Muse Me app, individuals can choose a self-guided tour based on location or topic. In response to questions, Commissioners learned that Muse Me is a for-profit business. It is eligible for Cultural Arts Grants if programming occurs in Newport Beach. At Chair Chang's request, Library Services Director Hetherton reported that the City Council recently reviewed Council Policies, including Policy I-13. The Council eliminated Policy I-13 and returned the funds to the General Fund. In response to Chair Chang's inquiries, Assistant City Manager Jacobs advised that the I- 13 fund contained approximately $870,000. Council has not decided what to do with monies already in the I-13 fund. The Council may use the monies for something other than arts. The Council has the right to create a policy and to eliminate a policy. Chair Chang understood earmarking a percentage of funds for the arts is a common practice. She and Vice Chair Greer learned about the Council discussion the day before the meeting. No one alerted Commissioners to the agenda item. In reply to Chair Chang's questions, Library Services Director Hetherton explained that Commissioners could have learned of the agenda item through the posted agenda. He typically emails Boards or Commissions if they have an item on the Council agenda; this item was placed on the agenda by in order to review their own policies. In response to Vice Chair Greer's inquiry, Library Services Director Hetherton agreed to forward the City's Insider Guide to Commissioners. Commissioner Bendetti advised that she had read the Insider's Guide but did not recall it mentioning the possibility of losing I-13 funding. Vice Chair Greer clarified that one had to click on and read the Summary of Changes to learn about the discussion. Chair Chang requested Library Services Director Hetherton notify Commissioners of Council discussions pertaining to the arts. Janis Dinwiddie reported that the Newport Beach Arts Foundation is working on Art in the Park, which is scheduled for October 14. A few spots remain open for artists. Volunteer support will be needed during the event. Vice Chair Greer stated funds raised from Art in the Park directly benefit City Arts Commission programming. Commissioners would be happy to spread the word about Art in the Park. Newport Beach City Arts Commission Regular Meeting Minutes August 10, 2017 Page 5 5 Jim Mosher remarked that Policy I-13 was adopted in 2013 without input from the City Arts Commission. Policy I-9 was also extensively revised without consultation with the City Arts Commission. Mr. Mosher suggested that the City Arts Commission should seek clarity from the City Council in regard to their attitude toward the arts. Vice Chair Greer requested an agenda item regarding Policy I-9 at the next meeting. In reply to Chair Chang's queries, Library Services Director Hetherton advised that the fundraising waiver is still in effect. A previous City Arts Commission sought the waiver as a means to channel donors towards the Arts Foundation rather than to fundraise directly. The City Arts Commission used the waiver to fundraise for the Pacific Symphony concert. Chair Chang should speak to former City Arts Commissioners to determine why more fundraising had not occurred. The City Attorney's Office had expressed concern about the City Arts Commission and the Arts Foundation becoming too closely aligned such that the Arts Foundation could be viewed as a City organization. The email blast was successful in raising funds; however, the perception of the City Arts Commission's role with the Arts Foundation has changed. In response to Chair Chang's question, Assistant City Manager Jacobs explained that the prior City Arts Commission requested a waiver to raise funds. She had no information about the email blast. At some point, Commissioners and the Arts Foundation discussed restructuring the Arts Foundation, which triggered the City Attorney's concern about the City Arts Commission and the Arts Foundation being too closely aligned. If individual Commissioners wish to fundraise, they can do that under the waiver. The City Arts Commission cannot use the Library's email blast to fundraise. Commissioners can raise funds through their personal connections; they cannot use City resources to raise funds. In reply to Commissioner Bendetti's questions, Library Services Director Hetherton reported that an admission fee could not be charged for events. Assistant City Manager Jacobs added that a percentage of food truck sales during an event could be directed to the Arts Foundation. Library Services Director Hetherton could speak with the Finance Department and City Manager to determine whether Art Exhibition registration fees could be directed to the City Arts Commission. Assistant City Manager Jacobs suggested she provide a staff report listing the types of fundraising activities the City Arts Commission can conduct. Vice Chair Greer shared the benefits of having a Council liaison in the past. RECESS – 5:50 P.M. IX. RECONVENE AT 6:00 P.M. FOR STUDY SESSION – 6:09 P.M. X. ROLL CALL – 6:00 P.M. XI. STUDY SESSION 6. Sculpture in Civic Center Park Exhibition – Mr. Rick Stein and Professor Joe Lewis will present the submissions for Phase III of the Sculpture in Civic Center Newport Beach City Arts Commission Regular Meeting Minutes August 10, 2017 Page 6 6 Park Exhibition and provide a forum for public comment in regards to the submitted work. Richard Stein, Arts Orange County, reported that up to nine sculptures will be on temporary display for two years, beginning in October 2017. The objective is to have a diversity of style, scale, and types of sculptures and artists on display. The total budget for artist honorariums is $45,000. Art works are intended to be suitable for all ages and accessible to all. Judges are Vice Chair Greer, Commissioners Baker and Divine, Pat Gomez, and Bob Nicoll. The judging panel will hold a public meeting on August 23 to learn rankings for all the works, discuss the works, and establish a list of finalists and alternates. The list of recommended works will be presented to the City Arts Commission on September 14 for a recommendation to the City Council. The recommendation will be presented to the City Council for approval on September 26. The exhibition opening and reception has been proposed for October 28. Forty-six works were submitted, and 375 members of the public voted online. Event tickets were offered as incentives for the public to vote. Mr. Stein reviewed criteria for selection of pieces; components of the submission package; and each piece of art. In response to Commissioner Baker's questions, Mr. Stein explained that the maximum amount an artist can request is $6,000. The artist's budget includes costs such as transportation, insurance, and the honorarium. Chair Chang departed the meeting at 6:39 p.m. Vice Chair Greer had concerns about the durability of some of the pieces. In response to a Commissioner's inquiry, Mr. Stein explained that the public was encouraged to vote through emails to Arts OC and the City's lists, Facebook posts, Twitter feeds, and media resources. XII. PUBLIC COMMENTS Jim Mosher commented that residents above the Civic Center might object to the illuminated matchstick piece. He too was confused by the artist budget and honorarium. The artists' residences seemed to be missing from the presentation. Voting would have been easier if people could have liked or disliked each piece. The Sculpture Exhibition should contain popular works. Mr. Stein explained that each artist proposed an amount that he would accept to loan the work. That amount includes a loan fee, transportation costs of the work, insurance of the work, and personal transportation costs. The amount will be considered during judging in order to remain within the budget for the project. The amount is not uniform because it reflects the size of the work and the travel distance. In some cases, the entire fee could be required for costs, and the artist would receive no honorarium. Artists may feel exhibiting in Newport Beach is good exposure for the work or exhibiting could lead to purchase of the piece. The public vote provides useful information for the judging panel and the City Arts Commission in making a recommendation. The $45,000 budget covers all artist fees. The Commission can recommend the $45,000 be split evenly among the nine artists such that each artist would receive $5,000. When submitting their artwork, artists could request a maximum of $6,000. If one artist receives $6,000, then another Newport Beach City Arts Commission Regular Meeting Minutes August 10, 2017 Page 7 7 artist would receive $4,000 or less. Judges can consider the artist's budget during the selection process. In response to Commissioner Baker's inquiries, Mr. Stein stated the honorarium is included in the artist's budget. The artist determined the amount of the honorarium. The $6,000 covers both expenses and honorarium. In reply to Vice Chair Greer's question, Mr. Stein confirmed that the call for artists was open to artists nationwide. The artists' residences will be provided in the next presentation. In response to a Commissioner's query, Mr. Stein explained that the program was always intended to be temporary. Nicholas Thurkettle stated he appreciated the opportunity to process the entries, to communicate with the artists, and to feel the artists' enthusiasm and excitement. XIII. ADJOURNMENT – 7:30 P.M. Vice Chair Greer adjourned the meeting at 7:30 p.m. DRAFT 1 Newport Beach City Arts Commission Special Meeting Minutes Thursday, August 29, 2017 Special Meeting – 4:00 PM Civic Center Community Room 100 Civic Center Drive Newport Beach, CA 92660 I. CALL MEETING TO ORDER – 4:06 P.M. II. ROLL CALL Commissioners Present: Judy Chang, Chair Arlene Greer, Vice Chair Michelle Bendetti, Secretary Miriam Baker, Commissioner Grace Divine, Commissioner Barbara Glabman, Commissioner Marie Little, Commissioner Commissioners Absent: none Staff Present: Tim Hetherton, Library Services Director Francine Jacome, Administrative Support Technician III. NOTICE TO THE PUBLIC IV. PUBLIC COMMENTS Michael Magrutsche remarked that, as a consultant body for the City Council, the City Arts Commission should elevate the arts in order to expose the most people possible. The majority of Sculpture Garden funds should be used to benefit artists. V. STUDY SESSION BUSINESS – CITY ARTS COMMISSION 2017 RETREAT 1. Welcome and Introduction 2. City Arts Commission Role as Specified in City Charter 3. Overview of City Arts Commission Programs 4. 2017/18 Budget 5. Newport Beach Arts Foundation 6. Staff Responsibilities 7. Discussion Library Services Director Hetherton explained that Article VII, Section 712 of the City Charter provides the role of the City Arts Commission. The City Arts Commission's roles are to act as an advisory body to the City Council regarding artistic matters; to recommend adoption of rules and ordinances pertaining to art; to actively encourage programs for the cultural enrichment of the community; and to perform other duties related to art. One of the City Arts Commission's main roles is to select art for display in Central Library. The Chair appoints a committee to review applications for exhibits and to recommend exhibits to the City Arts Commission, who makes a final selection. Concerts on the Green is a very successful program that generates a lot of goodwill in the community. Selection of Newport Beach City Arts Commission Special Meeting Minutes August 29, 2017 Page 2 2 performers follows the same process as selection of Library art displays. The signature event of the City Arts Commission is the Newport Beach Art Exhibition, which is a juried art show. The Chair appoints a subcommittee to plan the event, review art work, and select a juror. This is the most hands-on event for Commissioners. The Arts Foundation assists with check-in, handles the sale of art, and receives 30 percent of sales. The Sculpture Exhibition is relatively new. Arts OC, the consultant, assists the City Arts Commission with selecting pieces, reviewing sites, and installing and de-installing pieces. A subcommittee recommends pieces for selection to the City Arts Commission, who then recommends pieces to the City Council for approval. In response to Commissioners' questions, Library Services Director Hetherton reported the consultant is paid a total of $155,000 to handle the de-installation of the current sculptures, the installation of the selected sculptures, the contracts and honorariums for the artists, and a management fee. A Request for Proposals for a consultant is issued, and a contract is awarded by the City Council. Library Services Director Hetherton advised that Commissioners can propose special events to the City Arts Commission. Recent special events include a Rex Brandt Centennial, installation of a plaque at Blue Sky, a Joan Irving Brandt Centennial, and the Cows4Camp exhibition. Funds not allocated for the Newport Beach Art Exhibition or for Concerts on the Green are used to pay for special events. The City Arts Commission budget is comprised of $35,000 for programming, $40,000 for professional and technical services, $40,000 for Cultural Arts Grants, and a miscellaneous amount for administrative services. Programming funds cover the Art Exhibition, Concerts on the Green, and special events. Professional and technical services funds pay for art installations, event coordination, sound engineering, and contracts for services. In reply to Commissioners' inquiries, Library Services Director Hetherton indicated approximately $18,000 is expended for Concerts on the Green and $10,000-$15,000 for the Art Exhibition. In the prior year, the Cows4Camp Exhibit cost approximately $11,000, which impacted funds for the Art Exhibition. De-installation of the Cows4Camp exhibit will cost approximately $3,000, and that amount is included in the current year's budget. The curator will provide a quote for repairs to individual cows. Library Services Director Hetherton explained the purpose of the Cultural Arts Grants. In past years, the City Arts Commission has awarded itself a grant for programs. In general, the grant amount has been approximately $20,000. Vice Chair Greer noted the award was usually half the total amount of Cultural Arts Grants. Chair Chang added that not all the grants were successful. Library Services Director Hetherton felt City Arts Commission programs were usually successful. Because the City Arts Commission and staff can manage program outcomes better than other arts groups, awarding itself grant funds is not a bad idea. In answer to Commissioners' queries, Library Services Director Hetherton explained that the City Arts Commission could utilize all Cultural Arts Grants funding for its own programming, but the City Council has to approve it. Cultural Arts Grants have supported family attendance at OCMA programs, arts programs for schools, the Baroque Music Festival, the Newport Beach Film Festival, and dance programs. The criteria for success include the number of people reached by programs and the quality of outreach to the public. Grant recipients submit a Completion Report that covers attendance, promotion, Newport Beach City Arts Commission Special Meeting Minutes August 29, 2017 Page 3 3 and outcome of the program's mission. Grant recipients partner with the City Arts Commission to provide programs in that the grant amount is usually less than the amount requested. The City Arts Commission can suggest grant recipients hold events on the Civic Green, but events should be different from Recreation Department events. Library Services Director Hetherton explained the nature of administrative costs. Visit Newport Beach funds are designated for cultural activities, beautification projects, and such. These funds are not for the sole use of the City Arts Commission and require City Council approval for expenditure. In 2017/18, the City Council approved use of Visit Newport Beach funds for the Sculpture Exhibition and the Pacific Symphony concert. Balboa Performing Arts Theatre Foundation funds are designated for performing arts programs held on the Balboa Peninsula and require City Council approval for expenditure. In the current fiscal year, the City Arts Commission budget totals $342,500. In response to Commissioners' questions, Library Services Director Hetherton believed Balboa Performing Arts Theatre Foundation funds could be used for a concert in Marina Park. Chair Chang could appoint a committee to develop plans for programming on the Balboa Peninsula. Once the City Arts Commission approves the committee's plans, he can take them to the City Manager and request they be included in the budget. If the City Manager concurs, the plans will be placed in the budget for Council approval. Library Services Director Hetherton did not believe Commissioners need to recuse themselves from voting on specific program plans because they do not represent districts of the City, but he would confirm that with the City Clerk. Library Services Director Hetherton advised that the Newport Beach Arts Foundation is dedicated to raising funds for City Arts Commission programs. In reply to Commissioners' inquiries, Library Services Director Hetherton stated the Arts Foundation's most recent gift totaled $15,000 for the purchase of Sphere 112. The Arts Foundation does not always provide an annual gift to the City Arts Commission. The current Arts Foundation President is addressing the fundraising efforts of the Arts Foundation. Vice Chair Greer added that the Arts Foundation's primary fundraising event is Art in the Park, where the Arts Foundation typically raises $5,000-$7,000. The Arts Foundation has provided funds for specific events and at the request of the City Arts Commission. Library Services Director Hetherton advised that staff responsibilities are to prepare the agenda and staff reports and to present issues, as stated in the Handbook for City Boards, Commissions, and Committees. If staff can fulfill Commission requests, they will do so. Vice Chair Greer reported the Arts Foundation receives 20 percent of art sales at the Newport Beach Art Exhibition. The Arts Foundation then makes those funds available to the City Arts Commission for programming. In response to Commissioners' questions, Library Services Director Hetherton indicated he will provide a copy of the Sculpture Exhibition consultant contract, which should list the various costs and expenses. The City Arts Commission has always paid copyright fees for musical concerts. Pacific Symphony charges all cities a flat fee of $50,000 for the concert. The remaining $10,000 paid for the musical playground, insurance, and other expenses of supporting the concert. The City Arts Commission can access Visit Newport Newport Beach City Arts Commission Special Meeting Minutes August 29, 2017 Page 4 4 Beach funds with Council approval. The City Arts Commission should submit a defined program with estimated costs to the City Council for approval. Any agreement between a nonprofit and the City Arts Commission for a program should include a provision that the City Council will have to approve funding for the City Arts Commission. Library Services Director Hetherton negotiates fees with bands for Concerts on the Green. Typically, the fee is $3,000-$3,250. Programs from highest cost to lowest cost are the Sculpture Exhibition, Pacific Symphony, Newport Beach Art Exhibition, and Concerts on the Green. Concerts, including Pacific Symphony, received the highest attendance of all the programs. Because concerts are publicly funded, fees cannot be charged for perks. A VIP section was allowed for the Pacific Symphony concert because the Council directed the City Arts Commission to raise funds for that specific event. The Council's directive for the City Arts Commission not to be overly involved in Arts Foundation activities seems to indicate VIP sections will not be allowed at concerts. The Arts Foundation can sponsor a concert and charge a fee. Library Services Director Hetherton agreed to consult with the City Attorney's Office regarding admission fees for concerts. Commissioners concurred with obtaining clarification of fundraising at concerts. Vice Chair Greer shared City Arts Commission fundraising efforts for Centennial events. Commissioners discussed the need for more funds to support better programming to increase fundraising and the need to energize the Arts Foundation's fundraising efforts and increase its membership. The Arts Foundation can only fund City Arts Commission programming. The City Arts Commission can suggest programming ideas to the Arts Foundation through a wish list. The City Council also needs to better support the arts. The Sculpture Exhibition should have a fundraising event, such as a gala or food tasting, for the opening of the next phase. Assistant City Manager Carol Jacobs recommended the City Arts Commission spend this year's programming funds well and request additional funds in next year's budget. The City Arts Commission does not have sufficient time to plan a large event for the October opening of the Sculpture Exhibition. In answer to Commissioners' queries, Library Services Director Hetherton suggested Commissioners talk with Council Members regarding reinstating I-13 funds. He was not aware of the Council's reasons for reallocating those funds. Assistant City Manager Jacobs advised that the funds would be used to replace a fire station. She clarified the Council's ability to review Council Policies and to reallocate funds. Library Services Director Hetherton was not aware of any funding allocated for Phase IV of the Sculpture Exhibition. Vice Chair Greer expressed concerns regarding funding for the Sculpture Exhibition. Chair Chang suggested the Arts Foundation use the City's email list to raise funds. In response to Commissioners' inquiries, Library Services Director Hetherton reiterated that the City Arts Commission cannot assist the Arts Foundation in raising funds nor can City assets be used to raise funds for a support group. He interpreted the Council's direction for the Commission to raise funds as raising funds through its designated support group, the Arts Foundation. Ideally, the Arts Foundation should generate its own mailing list. The City Attorney gave him direction for the City Arts Commission to be not so closely involved in the reorganization of the Arts Foundation. Commissioners as residents of Newport Beach City Arts Commission Special Meeting Minutes August 29, 2017 Page 5 5 Newport Beach can discuss matters with Council Members. Staff registered Commissioners for the Insider's Guide, the City's e-blast, the Cultural Arts web blast, and the Library e-blast so they can be informed of City issues. Commissioners can be members of the Arts Foundation, and as members they can suggest fundraising ideas to the Arts Foundation. Commissioners discussed inviting the public to bring their children in Halloween costume to the October 28 opening of the Sculpture Exhibition; setting goals and increasing public awareness of the City Arts Commission; utilizing Cultural Arts Grants for Commission programming to increase awareness; and exploring grant funding. VI. PUBLIC COMMENTS ON NON-AGENDA ITEMS Jim Mosher understood the Taste of Newport Beach event was originally a City Arts Commission fundraising event. The Commission has an obligation to provide arts opportunities throughout the City. The City Attorney seems to have realized that allowing the City Arts Commission to fundraise was a mistake. VIP concertgoers paying the cost of the concert and the public attending without charge should be an acceptable way to fundraise. The City Council appears to be disinclined to fund Phase IV of the Sculpture Exhibition without substantial private funding. It's possible the City Council will not fulfill the contract for Phase III. Mr. Mosher related the origins of the Sculpture Exhibition. Chair Chang noted parking becomes an issue when concerts are held in other locations. VII. ADJOURNMENT – 5:56 P.M. Chair Chang adjourned the meeting at 5:56 p.m. 9/7/2017 ACCT #ACCT NAME BUDGET DATE VENDOR EXPENSES BALANCE NOTES Programming 95,000 07/06 Alliant Insurane 1,885 93,115 Pacific Symphony Concert 07/06 Alliant Insurane 1,715 91,400 Other Summer Concerts 07/06 Jason Weeks 3,500 87,900 Flashback Heart Attack 07/06 Triskelion Events 2,559 85,341 Flashback Heart Attack 07/14 Pacific Symphony 50,000 35,341 Pacific Symphony Concert 08/06 Mauser Matthew 3,250 32,091 Tijuana Dogs 08/06 Triskelion Events 2,559 29,532 Tijuana Dogs 08/04 Signature Party Rental 720 28,812 Chairs 08/11 Lyons Security 293 28,519 Concert Security 08/18 Citrus College 5,000 23,519 Night Shift 08/11 Bungalow Restaurant 750 22,769 Art Exhibition TOTAL 22,769 Professional Services 40,000 07/14 Ross Brian Lloyd 100 39,900 Monthly Storage July 07/24 Display Art 4,605 35,295 Cows4Camp De-Installation 08/04 Dinwiddie Events 1,491 33,804 08/11 TAVD Visual Asst 104 33,700 Minutes TOTAL 33,700 City Grants 40,000 40,000 TOTAL 40,000 Scuplture Garden 100,000 (Contract Art Services)08/22 Arts OC 5,000 95,000 TOTAL 95,000 2017-2018Cultural Arts Division As of Sept 5, 2017 TO: Newport Beach City Arts Commission FROM: Library Services Department Tim Hetherton, Library Services Director 949-717-3810, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton TITLE: Cultural Arts Activities for August 2017 Concert on the Green: The final Concert on the Green of the summer featured Night Shift (the Citrus College pop ensemble) on Sunday, September 3. This high-energy pop rock ensemble performed a selection of classic rock, R & B and contemporary pop music. Meet the Curator: John Wayne Lecture - The Lost Archive of John R. Hamilton: On Sunday, August 20, the City Arts Commissions hosted Amy Shepherd, the curator of the exhibit “John Wayne: On Set with the Duke” on display at the Central Library through September 5. This collection featured rare and never seen images from some of John Wayne’s most famous films including The Searchers, The Man Who Shot Liberty Valance and El Dorado. Ms. Shepherd discussed the curation process, the selection of images, and the extensive restoration that went into bringing the photos back to life. Attendance was estimated at 75 members of the public. 1 of 2 TO: Newport Beach City Arts Commission FROM: Library Services Department Tim Hetherton, Library Services Director 949-717-3810, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton TITLE: Council Policy A-2, Boards, Commissions, & Committees RECOMMENDATION: Staff recommends that the City Arts Commission determine a project that they wish to raise funds for and justify the exception to City Council. DISCUSSION: In January 2016, the City Arts Commission asked City Council for a blanket waiver of Council Policy A-5. Before its integration into Council Policy A-2 in August 2017, Council Policy A-5, “Fund Raising/Contracts by City Boards, Commissions, or Committees” established the policy for fund raising for boards, commissions, or committees. A-5 prohibited these bodies, which have been established by the City Charter or by the City Council, from independently raising and collecting funds on behalf of itself, any other board, commission, committee, or the City. The policy also stipulated that donated funds should be generated by and collected through legally established nonprofit groups and organizations which are independent of the City, such as the Newport Beach Arts Foundation. The policy allowed for an exception, granted by City Council, on a per project basis when circumstances justify the exception. The Commission requested a waiver to allow the City Arts Commission to independently raise and collect funds on behalf of itself for arts programming and projects in the City of Newport Beach. At the August 8, 2017, City Council meeting, Policy A-5, along with many other “A” policies, was integrated into Council Policy A-2, Boards, Commissions, & Committees. The wording pertaining to Fundraising and Contracting in Council Policy A-2 is as follows: A. No Board, Commission, or Committee shall have the authority to independently raise and collect funds on behalf of itself, any other Board, Commission, Committee, or the City. Any such funds shall be generated by and collected through legally established nonprofit groups and organizations which are independent of the City. An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception. B. No Board, Commission or Committee which has been established by the City Charter or by the City Council, shall have the authority to enter into any contract with any agency, group, entity or individual without authorization from the City Council. 2 of 2 In order to focus fund raising activities and work in accordance with established Council Policy, staff recommends that the Chair appoint an Ad Hoc Subcommittee to identify a specific project, compose a well-considered justification for the waiver, and submit it to the City Arts Commission for approval. The City Arts Commission can then formally request an exception to Policy A-2 from City Council. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Arts Commission considers the item). ATTACHMENT A: Council Policy A-2, Boards, Commissions, & Committees A-2 1 BOARDS, COMMISSIONS, & COMMITTEES Service on City Boards, Commissions, and Committees is one of the principal means by which residents participate in the conduct of City government. The City is fortunate to have highly skilled, educated and experienced residents that are willing to selflessly donate their time and resources to positively contribute towards the betterment of our City. This Policy prescribes the rules, guidelines, and ideals that govern our City’s Boards, Commissions, and Committees. Board, Commission, & Committee Formation Process A.Boards and Commissions shall be established by City Charter or ordinance of the City Council. Committees shall be established by a resolution of the City Council in accordance with this policy. B.Boards, Commissions and Committees shall be designated either 1) Permanent; 2) Standing; or 3) Ad Hoc. Boards, Commissions and Committees having a definite termination date may be extended by City Council action. C.With the assistance of the City Attorney, all Boards, Commissions and Committees shall determine the applicability of, and comply with, the Ralph M. Brown Act. D.All Boards, Commission and Committee meetings open to the public shall include an opportunity for public comments and questions. E.Boards and Commissions may be reviewed on or before December 31 of each year consistent with the Maddy Act (Cal. Gov. Code § 54972). Committees may be reviewed in October of each year for any needed additions, changes or deletions by the City Manager and the City Council. Within this review, the City Council shall consider whether the work done by Committees is duplicative of other Committees’ work, and shall consider merging or disbanding committees as appropriate. This provision shall not however prevent such changes at other times of the year. Types of Boards, Commissions, & Committees Boards and Commissions (Permanent) These shall consist of citizens with a staff liaison pursuant to the enabling City Charter section, ordinance or resolution. Appointments are made pursuant to this Policy. ATTACHMENT A A-2 2 City Council Committees (Standing or Ad Hoc) These shall consist of City Council Members and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint the City Council Members subject to confirmation by the full City Council. City Council/Citizens’ Committees (Standing or Ad Hoc) These shall consist of City Council Members, citizens and City staff as prescribed by enabling ordinance or resolution. The Mayor annually shall appoint City Council members to these Committees subject to confirmation by the full City Council. Appointment of citizens and staff members to these Committees shall be addressed in the respective enabling ordinance or resolution. Citizens’ Advisory Committees (Standing or Ad Hoc) These shall be comprised solely of citizens with perhaps City Council or staff liaison. Appointments generally shall be made annually by the Mayor subject to confirmation by the full City Council. However, enabling ordinances or resolutions may provide that appointees represent each of the Council Districts in which case appointments shall be made by individual City Council members for their respective districts subject to confirmation by the full City Council. Joint Governmental Committees (Permanent or Standing) These are committees comprised of representatives from several governmental agencies. Representatives to these committees can be either City Council Members or City staff. Appointment to joint governmental committees shall be made annually by the Mayor subject to confirmation by the full City Council. City Staff Committees (Permanent, Standing, or Ad Hoc) These are comprised of staff members designated by their job title as prescribed by enabling ordinance or resolution. Member Appointment Process Annual Appointment List On or before December 31 of each year, the City Clerk shall, consistent with the Maddy Act (Cal. Gov. § 54972), prepare a list of all appointive terms of Boards, Commissions and Committees which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the A-2 3 necessary qualifications for the position. Also, the City Clerk shall list all Boards, Commissions and Committees whose members serve at the pleasure of the City Council, and the necessary qualifications of each position. The list shall be posted in the City’s normal posting location for agendas, as well as the Newport Beach Public Library located at 1000 Avocado Avenue. Qualifications Appointees to Boards, Commissions and Committees shall be electorates and residents of the City. However, when exceptions are warranted, the reasons shall be so stated in that Boards, Commissions or Committee's enabling ordinance or resolution. The City Clerk shall further maintain a file of Candidates for Board, Commission, and Committee appointments, which shall be reviewed each year by the City Clerk to ensure that those applicants are still available and eligible for appointment. Applications shall be retained in the active file for two (2) full years; thereafter they will be destroyed. Vacancies Approximately two (2) months prior to a scheduled vacancy, the City Clerk shall prepare and submit to a newspaper of general circulation, information relating to the vacancy including meeting dates and times, Board, Commission, or Committee functions, and the method of obtaining and submitting applications and establishing a date prior to June 1 as the last date to submit applications. The City Clerk shall notify each applicant of the receipt of their application. Consistent with the Maddy Act (Cal. Gov. § 54974), within twenty (20) days after an unscheduled vacancy occurs on a Board, Commission or Committee, a special vacancy notice shall be posted in the City Clerk’s office, and other locations as directed by City Council. Additionally, the City Clerk shall prepare and submit information relating to the vacancy including meeting dates and times, and Board, Commission or Committee application procedure. Final appointment (other than emergency appointments) shall not be made for at least ten (10) working days after the posting of the vacancy notice. Pursuant to Charter Section 705, if an unscheduled vacancy occurs within six (6) months from the expiration of the term, the City Council has the discretion to appoint a replacement to serve the balance of the unexpired term plus one (1) full term. Board, Commission, and Committee appointees may be replaced after three (3) consecutive unexcused absences from meetings. Periodically, situations may arise wherein due to the occurrence of a number of simultaneously scheduled Board, Commission or Committee vacancies, it may be A-2 4 appropriate to make certain adjustments in the advertising and recruitment procedures, which are regularly utilized to fill these vacancies. In these cases, the City Council may make the following adjustments by majority vote at a regular public meeting: A. The two (2) month period prior to the occurrence of a scheduled vacancy, which is established for advertising purposes, may be extended to three (3) months. B. The last date to submit applications for a vacancy may be changed from the third Wednesday prior to June, to no sooner than the third Wednesday prior to May 1. C. The period established for the ad-hoc Appointments Committee’s recommendation to the Council of candidates, may be extended from at least two (2) weeks, to at least four (4) weeks prior to the date of appointment. When vacancies occur, the City Council shall make every effort to appoint the best- qualified person to serve the interest of Newport Beach. The City Council shall only appoint persons who have filed an application for appointment with the City Clerk no later than five (5) days prior to the date on which the City Council nominates candidates for positions. The application shall serve as a basis for determining if the person is a qualified elector and resident of the City, has no conflict of interest that would prevent the applicant from serving, and otherwise satisfies the criteria for appointment specified in the City Charter and any relevant ordinance, resolution or City Council Policy. The City Council prefers that members of Boards, Commissions, and Committees represent different geographical areas of the City, but residence is a consideration only when applicants are otherwise equally qualified. Limit on Service To afford the maximum opportunity for citizen service, no person shall be eligible for appointment to any one (1) City Board, Commission, or Committee for more than two (2) consecutive four (4) year terms, exclusive of a prior appointment to fill an unexpired term. Appointees shall serve on only one (1) standing City Board, Commission or Committee at any time. Optional Ad Hoc Appointments Committee Unless an alternative appointment procedure is provided in the formation ordinance or resolution, at such time when an appointment to a Board, Commission or Committee is necessary, the Mayor, at his/her discretion, may establish an ad-hoc Appointments Committee composed of three (3) Council Members. If appointed by the Mayor, the ad- hoc Appointments Committee’s duties are as follows: A-2 5 A. Review all applications for position to City Boards, Commissions and Committees. The ad-hoc Appointments Committee will review applicant answers to all questions contained in the application; B. Conduct any necessary interviews with individual applicants; and C. At least two (2) weeks prior to the date of appointment, recommend to the full City Council at a regular public meeting, two (2) or more candidates, if a sufficient number of candidates are available, for each Board, Commission or Committee vacancy. City Council Members may wish to interview the recommended candidates further prior to final selection by the City Council. By having a goal of two (2) or more candidates for each vacancy, it is the intent of the City Council that at least two (2) separate individuals should be considered for each vacancy (i.e., if there are two (2) vacancies, the City will attempt to have four (4) separate individuals under consideration). The ad-hoc Appointments Committee, in conducting their review of applications and interviews with the individual applicants, if any, shall attempt to determine if there exists a potential conflict of interest, which might interfere with the performance of the applicant’s duties in an impartial manner free from bias. It is generally recognized that from time-to-time it is possible for any individual to have a conflict on any one (1) given issue. The ad-hoc Appointments Committee, however, shall endeavor to avoid recommending appointments of applicants with a substantial conflict of interest, which would require repeated disqualification from voting on issues that are likely to come before the Board, Commission or Committee. If no alternative appointment procedure is provided in the formation ordinance/resolution, and if the Mayor does not form an ad-hoc Appointments Committee, the City Clerk shall review all applications and submit all qualified applicants to the City Council for consideration at an open and noticed meeting. Voting Procedure A. If possible, the City Council shall vote on all appointments and seats on each Board, Commission and Committee simultaneously. The voting will be by paper ballot and the City Clerk will tabulate and announce the results, including the vote tally. B. Each member of the City Council will cast the number of votes as indicated on the paper ballot for each seat from the list of the nominees. In order to be appointed, the nominees must receive at least four (4) votes. A-2 6 C. For Boards, Commissions and Committees with two (2) vacancies, if two (2) of the nominees receive four (4) or more votes, they will be automatically appointed. D. If there is a tie vote, ballots will be distributed to the Council Members to vote for the tying candidates only. E. In the event that no one receives four (4) votes, nominees receiving zero (0) or one (1) vote will be dropped and the City Council will cast two (2) votes from the list of the remaining nominees, and the determination will be made as previously stated. City Clerk Responsibilities The City Clerk shall also be responsible for the following functions associated with Board, Commission and Committee appointments: A. Preparation of letters for the Mayor’s signature notifying successful candidates of their appointment. B. Preparation of letters for the Mayor’s signature notifying unsuccessful candidates for appointment. C. Preparation of letters for the Mayor’s signature thanking outgoing members for their service. If established, once the final appointments are made by the City Council, the ad-hoc Appointments Committee will be dissolved. Business Improvement District Appointments The appointment of Business Improvement District advisory boards or the designation of an owners’ association is exempt from this City Council Policy, but shall be consistent with the California Streets and Highways Code. Decorum and Order Board, Commission and Committee deliberations and actions should be conducted in an atmosphere free from personal animosity and hostility. Each member of a Board, Commission and Committee has the duty to: A-2 7 A. Respect and adhere to the American ideals of government, rule of law, principles of public administration and high ethical conduct in the performance of public duties. B. Represent and work for the common good of the City and not for any private interest. C. Refuse to accept gifts, favors, or promises of future benefits which might compromise or tend to impair independent judgment or action. D. Provide fair and equal treatment for all persons and matters coming before the Board, Commission, or Committee. E. Learn and study the background and purpose of important items of business before voting. F. Faithfully perform all duties of office. G. Refrain from disclosing any information received confidentially concerning the business of the City or received during any closed session of the Board, Commission, or Committee held pursuant to state law. H. Decline any employment incompatible with public duty. I. Refrain from abusive conduct, personal charges or verbal attacks upon the character, motives, ethics or morals of other members of the Board, Commission, or Committee, City staff, or the public, or other personal comments not germane to the issues before the body. Members are to be tolerant of all views expressed at public meetings. J. Listen courteously and attentively to all public discussions at Board, Commission, or Committee meetings and avoid interrupting other speakers, including other members except as permitted by established Rules of Order. K. Faithfully attend all sessions of the Board, Commission, or Committee unless unable to do so for some compelling reason or disability. L. Maintain the highest standards of public conduct by refusing to condone breaches of public trust or improper attempts to influence legislation. If a Board, Commission, or Committee member cannot abide by these provisions, he or she should submit a letter of resignation or be removed from office by action of the Mayor and City Council. A-2 8 Ex Parte Communications Members of Boards, Commissions, or Committees and City employees, agents and representatives shall not engage in any Ex Parte communication with any members of a Board, Commission, or Committee regarding any quasi-judicial matter pending, or reasonably expected to come, before that member’s Board, Commission, or Committee. For purposes of this policy, the term Ex Parte communication shall mean any oral or written communication directed to a member which is intended, or is reasonably calculated, to influence the member's decision on any quasi-judicial matter but does not include communications between members during deliberations preliminary to decision or communications where all interested parties or their representatives are present. The term quasi-judicial matter shall mean the appeal of any discipline imposed on any City employee, the appeal of any grievance filed by a City employee or employee association, or a proceeding to revoke any license, permit or approval granted by the City Council, any Board, Commission, or Committee, or any City employee and which is pending, or is reasonably expected to come, before any City Board, Commission, or Committee. The provisions of this policy do not apply to Ex Parte communications between City employees and any member of a Board, Commission, or Committee regarding a quasi- judicial matter which has been submitted to, or can reasonably be expected to be heard by, the Board, Commission, or Committee when the Ex Parte communication is initiated by the member and requests only background information available to members of the general public. Minutes Written minutes, upon approval of the Board, Commission, or Committee, constitute the official record of its activities. Minutes will be prepared for all public meetings by City support staff and distributed to the entire member body for review prior to official approval. Additions or corrections to the minutes are made at public meetings upon official Board, Commission, or Committee approval. Member requests for inclusion on the record of a specific action or comment shall be recorded at the next publicly-noticed meeting. Recording of Open Meetings A. Open and public meetings of Boards, Commissions and Committees may be audio recorded upon request of the chairperson or pursuant to any procedural rule or by-law adopted by the Board, Commission, or Committee. B. Any person attending an open and public meeting of any Board, Commission, or Committee shall have the right to record the proceedings with an audio or video A-2 9 tape recorder or a still or motion picture camera unless the Board, Commission, or Committee determines, based upon evidence in findings made by the chairperson, that continued recording would create noise, illumination, or view obstruction problems that are disrupting or would disrupt the proceedings. The chairperson may impose conditions on any recordation, which in the absence of the conditions, would disrupt the proceedings. C. Any audio tape or video record of any open and public meeting made by or at the direction of the City of Newport Beach shall be subject to inspection pursuant to the California Public Records Act (Sections 6250 et seq. of the Government Code). Notwithstanding the provisions of Section 34090 of the Government Code, any audio or video recording of any open or public meeting of any BCC may be erased or destroyed one-year after the taping or recordation, excluding Planning Commission as those are kept permanent. Any person may inspect a video or audio recording without charge on a recorder made available by the City of Newport Beach. Conflict of Interest No member of any Board, Commission, or Committee shall, at the time of appointment or during the term of office, hold a position or office in another entity or organization which creates a conflict of interest with respect to the member’s service on the Board, Commission, or Committee. Expression of Official City Position or Policy If members of City Boards, Commissions, or Committees desire that a particular official City position or policy be established or expressed on a given issue, they shall submit their recommendations on said position or policy to the City Council for evaluation and disposition as the City Council sees fit. In their interactions with the media, members of City Boards, Commissions, and Committees shall comply with the media policies in City Council Policy D-1. This policy is not intended to restrict communications between Boards, Commissions and Committees and others on matters exclusively within the purview or responsibility of such Boards, Commissions or Committees, but rather is intended to avoid confusion with regard to the official City position or policy, which is defined as that of the City Council. Fundraising & Contracting A. No Board, Commission, or Committee shall have the authority to independently raise and collect funds on behalf of itself, any other Board, Commission, Committee, or the City. Any such funds shall be generated by and collected through legally established nonprofit groups and organizations which are A-2 10 independent of the City. An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception. B. No Board, Commission or Committee which has been established by the City Charter or by the City Council, shall have the authority to enter into any contract with any agency, group, entity or individual without authorization from the City Council. Use of City Stationary Members of Boards, Commissions, and Committees are authorized to use City stationery when corresponding on matters relating to official City business. Said correspondence shall identify the author of the letter as such. Correspondence from individual Board, Commission, and Committee members must have the approval of their respective Board, Commission, or Committee. Use of City stationery for private personal matters is not permitted. History Adopted A-4 - 6-28-1965 (“Boards and Commission Appointments”) Amended A-4 - 8-15-1966 Amended A-4 – 9-26-1966 Adopted A-6 – 11-13-1967 (“Recording of Council Meetings”) Amended A-4 – 6-10-1968 Reaffirmed A-4 & A-6 – 3-9-1970 Reaffirmed A-4 – 2-14-1972 Adopted A-9 – 5-8-1972 (“City Council Committees”) Amended A-9 – 6-11-1973 Amended A-9 – 5-12-1975 Amended A-9 – 12-8-1975 Amended A-9 – 6-28-1976 Amended A-9 – 8-9-1976 Amended A-4 – 7-12-1976 Amended A-9 – 12-13-1976 Amended A-9 – 1-10-1977 Amended A-9 – 1-24-1977 Amended A-6 – 6-13-1977 Amended A-4 – 9-12-1977 Amended A-6 – 10-25-1977 Amended A-4 – 11-28-1977 Amended A-4 – 12-19-1977 Adopted F-18 – 3-27-1978 (“Fund Raising”) Adopted F-19 – 4-10-1978 (“Contracts”) A-2 11 Amended A-4 – 6-26-1978 Amended A-9 – 9-11-1978 Amended A-4 – 11-27-1978 Adopted A-12 – 1-8-1979 (“BCC Expression of City Position”) Adopted A-13 – 2-12-1979 (“Use of City Stationary”) Amended A-4 - 3-12-1979 Amended A-9 – 10-1-1979 Amended A-9 – 11-12-1979 Amended A-4 – 7-14-1980 Amended A-6 & A-9 – 2-9-1981 Amended A-4 – 7-27-1981 Amended A-4 & A-9 – 11-23-1981 Amended F-18 – 11-14-1983 Amended A-9 – 1-12-1987 Amended A-13 – 1-8-1990 Amended A-9 – 10-22-1990 Amended A-9 – 1-24-1994 Amended A-4 – 1-24-1994 (changed to A-2) Created A-11 – 1-24-1994 (“Recording of City Meeting”) Reaffirmed A-12 – 1-24-1994 (changed to A-7) Amended A-13 – 1-24-1994 (changed to A-8) Created A-5 – 1-24-1994 (“Fund Raising/Contracts”, incorporating F-18 & F-19) Amended A-9 & A-11 – 2-27-1995 Amended A-2 & A-9 – 2-26-1996 Adopted A-13 – 5-28-1996 (“Decorum and Order for BCC’s”) Corrected A-5, A-7 & A-8 – 2-26-1996 Amended A-2 - 8-12-1996 Amended A-2 – 2-24-1997 Adopted A-15 – 11-10-1997 (“Ex Parte Communication”) Amended A-9 – 5-26-1998 Adopted A-16 – 6-22-1998 (“Conflict of Interest Procedures”) Amended A-2 – 3-22-1999 Amended A-2 – 7-12-1999 Amended A-2 – 9-27-1999 Amended A-2 – 3-14-2000 Amended A-2 – 5-8-2001 Amended A-2 – 4-23-2002 Amended A-2 – 5-14-2013 Amended A-11 – 5-13-2014 Amended A-2 & A-9 – 5-12-2015 Amended A-11 – 4-12-2016 Amended A-13 – 1-24-2017 Amended A-2 – 8-8-2017 (incorporating A-5, A-7, A-8, A-9, A-11, A-13, A-15, and A-16) TO: Newport Beach City Arts Commission FROM: Library Services Department Tim Hetherton, Library Services Director 949-717-3810, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton TITLE: Determine Date for 2018 Newport Beach Art Exhibition RECOMMENDATION: Vice Chair Greer recommends Saturday, June 16, 2018, as the date of the 54th Annual Newport Beach Art Exhibition. DISCUSSION: Since 2014, the Newport Beach Art Exhibition has been held in June in the Civic Center Community Room. Saturday, June 16 serves as an appropriate first arts event for the summer, which will include the annual Concerts on the Green series and the Sculpture in Civic Center Park Exhibition, which will be in place throughout 2018 and into 2019. In order to maintain continuity and encourage good attendance numbers, Vice Chair Greer requests that the Commission approve the recommended date. NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Arts Commission considers the item). 1 of 2 TO: Newport Beach City Arts Commission FROM: Library Services Department Tim Hetherton, Library Services Director 949-717-3810, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton TITLE: Sculpture in Civic Center Park Exhibition – Phase III ABSTRACT: The Sculpture Exhibition Ad Hoc Subcommittee, with the assistance of Arts OC and a curatorial panel of arts professionals, has recommended nine artworks and proposed a location for each within the Civic Center Park for the City Arts Commission’s consideration. If approved, the City Arts Commission will recommend the nine sculptures to City Council for display in Civic Center Park for a two-year period. RECOMMENDATION: Approve the nine sculptures and the proposed locations within the Civic Center Park for the temporary sculpture exhibit. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this project. DISCUSSION: In August 2013, the Newport Beach City Council authorized the City Arts Commission and City staff to implement a temporary sculpture exhibit in Civic Center Park. The City Council approved the installation of 10 sculptures in year one of the project and additional 10 in year two. The temporary exhibit would feature public art in locations previously identified by Peter Walker Partners, the landscape architecture firm that designed the 14 -acre Civic Center Park. The City exhibited the pieces installed in year one for two years and were removed and returned the work to the artists in 2016. Those installed in year two, 2015, are scheduled for removal in September 2017. Phase III of the project commenced in April 2017 and the City contracted Arts Orange County (Arts OC) to provide public art coordination and site management services. The project team includes Mr. Richard Stein, President and CEO of Arts OC, Professor Joe S. Lewis, former Dean of the University of California, Irvine’s Claire Trevor School of the Arts, Mr. Nicholas Thurkettle, Program Assistant for Arts OC, and Display Art, a company that specializes in art installation. At the behest of City Council, the City Arts Commission and Arts OC offered increased opportunities for the public to participate in the selection of works. To satisfy this directive, Arts OC arranged an online survey in which the public voted for their favorite submission. At the July meeting of the City Arts Commission, the public were invited to express their preferences for the submitted art prior to panel consideration. On August 23, the City Arts Commission held a public forum with the curatorial selection 2 of 2 panel where the public was invited to express their preferences. The September 14 regular meeting of the City Arts Commission will also provide an opportunity for the public to express their opinion of the panel’s recommendations, as will the September 26 City Council meeting, where the artwork will be presented for final approval. In May 2017, Arts OC issued a “Call for Entries ", inviting artists, private collectors, galleries and museums /nonprofit organizations to submit artworks for consideration for the temporary exhibition in the Civic Center Park. The Call for Entries closed on July 9, and resulted in 46 artworks submitted by artists for consideration. Arts OC assembled a jury panel comprised of: Mr. Robert Nicoll, Dean of Development, Blizzard Academy, and Ms. Pat Gomez, Director, Irvine Fine Arts Center. The jury panel worked in conjunction with the Sculpture Exhibition Ad Hoc Subcommittee consisting of Arlene Greer, Vice Chair, City Arts Commission (Chair of the Sculpture Exhibition Ad Hoc Subcommittee), Grace Divine, Member, City Arts Commission and Miriam Baker, Member, City Arts Commission. The panel individually reviewed all of the submissions. Each panelist scored each piece individually through an online process based on the following criteria: 1.Artistic Merit — the artist has strong professional qualifications and the artwork is of high quality and demonstrates originality and artistic excellence. 2.Durability — the artwork is made of high-quality materials, requires minimal maintenance and can withstand the outdoor elements of coastal Orange County. 3.Practicality — the artwork is appropriate for audiences of all ages and does not exhibit unsafe conditions that may bear on public liability. 4.Site Appropriateness — the scale of the artwork is suitable for the environment and the artwork is suitable for viewing from all angles. The jury panel assembled and held a public forum on August 23 to discuss each of the remaining artworks as a group and vote for the final selections. The panel chose nine artworks and three alternates. The panel then spent time in the Civic Center Park, selecting locations for each piece, generally based upon Peter Walker Partner's Arts Master Plan. An additional site visit, involving the consulting team, City staff members, and the Sculpture Exhibition Ad Hoc Subcommittee will be scheduled to further refine the proposed locations based upon existing site sensitivities such as the need to protect habitat and the public view plane, maintaining clear public access to the entire park's walkways, and maintaining the aesthetics of the new park. The selected works will be presented by the consultants and are submitted for City Arts Commission approval (see ATTACHMENT A, “Recommended Sculpture in the Civic Center Park Exhibition Phase III”). NOTICING: This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Arts Commission considers the item). ATTACHMENT A: Recommended Sculpture in the Civic Center Park Exhibition Phase III 2 0 1 7 S c u l p t u r e i n C i v i c C e n t e r P a r k E x h i b i t i o n F i n a l i s t s a n d P r o p o s e d P l a c e m e n t A T T A C H M E N T A 1 o f 1 8 K a r l U n n a s c h B u r n t M a t c h s t i c k ( h e a d d e t a i l ) s t e e l , s t a i n e d g l a s s , c l e a r a c r y l i c , L E D l i g h t i n g 4 0 ’ x 3 ’ x 3 ’ P r i c e : $ 7 0 , 0 0 0 Y e a r : 2 0 1 5 B $ 6 , 0 0 0 H $ 6 0 0 P C # 2 ( 4 0 ) C h a t f i e l d , M N 2 o f 1 8 O l e g L o b y k i n N o S w i m m i n g G F R C o v e r F o a m w i t h A l u m i n u m L e a f 1 2 ’ x 1 4 ’ x 5 ’ P r i c e : $ 5 0 , 0 0 0 Y e a r : 2 0 0 8 B $ 6 , 0 0 0 H $ 1 , 0 0 0 P C # 6 ( 1 6 ) P r e v i o u s a p p l i c a n t N s E a s t P a l o A l t o , C A 3 o f 1 8 4 o f 1 8 C i n d y D e b o l d L i f e i s a B a l a n c i n g A c t B r o n z e , L i m i t e d E d i t i o n o f 1 1 6 0 " x 5 2 " x 3 8 " P r i c e : $ 1 7 , 0 0 0 Y e a r : 2 0 0 9 P C # 5 ( 1 8 ) B $ 4 , 5 0 0 H $ 2 , 0 0 0 L a g o V i s t a , T X 5 o f 1 8 P a t r i c i a V a d e r C O S M I C G L I N T S f r o n t v i e w ( b a c k i s t h e s a m e ) s t e e l a n d a l u m i n u m k i n e t i c s c u l p t u r e 1 2 ’ x 6 ’ x 2 ’ P r i c e : $ 1 6 , 0 0 0 Y e a r : 2 0 1 7 B $ 6 , 0 0 0 H $ 1 , 4 0 0 P C # 8 ( 1 5 ) O f f i c i a l s e l e c t i o n “ S u n f l o w e r ” 2 0 1 5 N o t s e l e c t e d 2 0 1 4 M a r t i n e z , C A 6 o f 1 8 7 o f 1 8 D a v i d B o y e r G e t t i n g Y o u r B e a r i n g s K i n e t i c W i n d S c u l p t u r e 1 2 . 5 ’ x 1 5 ’ x 1 3 ’ P r i c e : $ 6 5 , 0 0 0 Y e a r : 2 0 1 4 P C # 3 ( 3 5 ) B $ 3 , 3 5 0 H $ 3 , 0 0 0 R e n o , N V 8 o f 1 8 J o h n M e r i g i a n B e S t i l l a n d K n o w W e l d e d C o r t e n 1 3 ’ x 4 ’ x 5 ’ P r i c e : $ 9 , 5 0 0 Y e a r : 2 0 1 1 B $ 3 , 5 0 0 H $ 1 , 5 0 0 P C # 7 ( 1 6 ) ? N e w t o n , K S 9 o f 1 8 J o h n M e r i g i a n ( l ) R e f l e c t i v e J o u r n e y W e l d e d C o r t e n 1 3 ’ x 4 ’ x 5 ’ P r i c e : $ 9 , 5 0 0 Y e a r : 2 0 1 1 ( r ) C o n t e n d e r W e l d e d C o r t e n 8 . 5 ’ x 4 ’ x 5 ’ B e S t i l l a n d K n o w 1 0 o f 1 8 S t e v e n R i e m a n F l i g h t - f r o n t S t a i n l e s s s t e e l a n d b r o n z e f a b r i c a t i o n m o u n t e d o n a b o u l d e r 5 ’ x 5 ’ x 5 ’ P r i c e : $ 1 4 , 8 0 0 Y e a r : 2 0 0 6 B $ 3 , 2 8 2 H $ 2 , 5 0 0 P C # 1 2 ( 1 3 ) P r e v i o u s a p p l i c a n t n s Y u c c a V a l l e y , C A 1 1 o f 1 8 C r a i g G r a y P o p s i c l e s S t e e l , W o o d , S t u c c o 1 0 8 " x 6 0 " x 6 0 " P r i c e : $ 2 5 , 0 0 0 Y e a r : 2 0 1 6 B $ 5 , 5 0 0 H $ 2 , 0 0 0 P C # 1 ( 5 1 ) K e y W e s t , F l o r i d a 1 2 o f 1 8 1 3 o f 1 8 B r u n i v o B u t t a r e l l i I n A f f i o r a m e n t o p i n k V e r o n a m a r b l e , s t a i n l e s s s t e e l 2 8 5 c m x 2 5 0 c m x 1 0 0 0 c m ( 9 ’ 4 ” x 8 ’ 2 ” x 3 2 ’ 9 ” ) P r i c e : $ 3 5 , 0 0 0 Y e a r : 2 0 1 1 P C # 9 ( 1 4 ) B $ 6 , 0 0 0 H $ 2 , 5 0 0 C a s a l m a g g i o r e C R , I t a l y 1 4 o f 1 8 A l t e r n a t e s 1 5 o f 1 8 J a c o b B u r m o o d D e p t h o f F o r m C o l d - c a s t a l u m i n u m 9 0 " x 3 6 " x 4 5 " P r i c e : $ 1 5 , 0 0 0 Y e a r : 2 0 1 5 P C # 1 8 ( 5 ) B $ 4 , 3 0 0 H $ 3 , 0 0 0 L o u i s b u r g , K S 1 6 o f 1 8 S u e Q u i n l a n C u l t u r a l P e d e s t r i a n s c o n c r e t e a n d S t e e l 7 2 " x 7 " x 6 " P r i c e : $ 1 5 , 0 0 0 Y e a r : 2 0 1 7 B $ 6 , 0 0 0 H $ 2 , 0 0 0 P C # 1 1 ( 1 3 ) P r e v i o u s a p p l i c a n t N s B o u l d e r , C O 1 7 o f 1 8 1 8 o f 1 8