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HomeMy WebLinkAbout16 - Arts & Cultural Activities Proposed Policy���WPORr CITY OF z NEWPORT BEACH oaH'P City Council Staff Report Agenda Item No. 16 March 26, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: 0. Z� TITLE: Proposed Council Policy 1 -13: Public Arts and Cultural Facilities Fund ABSTRACT: The City Council directed staff to prepare and return to Council with a proposal to provide a dedicated funding stream for arts and cultural facilities. Proposed Council Policy 1 -13 would do that, using 2% of unallocated public benefit fees associated with Development Agreements where the fees are received after the date of this proposed Policy's adoption. RECOMMENDATION: Adopt Council Policy 1 -13 relating to Public Arts and Cultural Facilities. FUNDING REQUIREMENTS: Please see the discussion section of this staff report. DISCUSSION: In his State of the City speech on February 8, 2013, Mayor Keith Curry asked that the City consider allocating more resources to public arts and cultural facilities as a part of taking the community to the top of the "For the Love of Cities" pyramid as expressed by author Peter Kageyama. At the top of the pyramid is "Interesting" — suggesting an investment in public arts and cultural facilities that the community has not yet made, despite having the potential to be a world class city in terms of arts and culture. Page 2 Curry said: "All great cities have in common a commitment to public arts. We have an outstanding Arts Commission and tremendously talented people in our community. Our Film Festival, arts shows, drama and concerts in the parks, are the envy of many. In the months ahead, both the Balboa Theater and Explore Ocean will be undertaking major efforts to enhance the cultural offerings of our city. These important investments will be substantially funded by private contributions. But it is not realistic to expect private funds to fully cover all of the capital costs for these new investments. To ensure that new development contributes to the cultural enrichment of our community, I will propose to my colleagues on the city council that we set aside a small percentage of development- related fees to a special arts fund that can only be used for permanent structures or art installations. This will not raise fees one penny from their current levels, but it will establish Newport Beach as a community that respects the arts and invests in assets that will truly create public value for years to come." At the Council's meeting on February 12, 2013, the Council agreed that staff should come back with ideas, concepts, or policies relating to a dedicated funding stream for arts and cultural facilities. A proposed draft policy is attached (Attachment A). The Policy suggests that the City would establish a separate fund entitled the Public Art and Cultural Facilities Fund, which may include: • 2% of unallocated public benefit fees received by the City after the date of adoption of this policy pursuant to Development Agreements approved by the City. The total amount of public benefit fees associated with Development Agreement approved by the City to date that could be allocated to the Public Art and Cultural Facilities Fund by future appropriations to the General Fund is anticipated to about $47.7 million. That will vary depending on other agencies' approvals of some of the development in the calculation, and could be lower. Two percent (2 %) of $47.7 million is $954,000.00; • Grants, donations from private parties or others interested in contributing to arts and cultural facilities in the community, or special appropriations to the fund that the Council may from time to time consider. The Policy defines "Public Art" as "the acquisition and maintenance of permanent art structures and installations in public places throughout the City including support of capital construction programs and cultural facilities." Therefore, moneys in the fund could be used for capital as well as purchasing permanent art pieces. 4 Page 3 The proposed Policy speaks to the role of the City Arts Commission in assisting the Council and City staff in, among other things: 1. Identifying and assessing potential Public Art projects and locations; and 2. Recommending to the City Council funding for the capital construction, expansion or enhancement of permanent arts and cultural facilities, museums, historical sites, theaters or performance spaces (and more). The City Arts Commission's charge is set forth in the City Charter (Section 712) as shown below. The proposed Policy is consistent with Charter Section 712. Section 712 City Arts Commission. There shall be a City Arts Commission with the number of members to be established by ordinance or resolution and it shall have the power and duty to: a) Act in an advisory capacity to the City Council in all matters pertaining to artistic, aesthetic and cultural aspects of the City. b) Recommend to the City Council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts, performing arts, historical, aesthetic and cultural aspects of the community. c) On behalf of the City, actively encourage programs for the cultural enrichment of the community. d) Perform such other duties relating to the Arts as the City Council may require. Other City rules and regulations relating to art are relevant to the proposed Policy and were considered in the drafting of this Policy — should Council adopt the Policy, it may wish to direct staff to review Council Policies 1 -9, 1 -10, and 1 -11 (and possibly B -17) to ensure consistency with the new Policy across the Council Policy Manual. Staff may choose to do this at the once - annual Council Policy Manual review. ENVIRONMENTAL REVIEW: Staff recommends the City Council find that the approval of this Policy is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 7 Page 4 NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: 7h7!� 0,- �� Da iff City Manager Attachments: A — Proposed Council Policy 1 -13 B - Council Policies 1 -9, 1 -10, 1 -11 a Page 5 COUNCIL POLICY 1 -13 (Proposed) PUBLIC ARTS AND CULTURAL FACILITIES FUND A. Purpose: The City of Newport Beach recognizes the importance and desirability of a city -wide public art and cultural facilities program that includes a funding source for the acquisition and maintenance of permanent art structures and installations in public places throughout the City including support of capital construction programs and cultural facilities (collectively referred to herein as "Public Art"). B. Intent: The City Council desires to establish a funding source for the acquisition, installation, management and maintenance of Public Art without adopting or imposing new fees or charges. The City Council therefore hereby establishes the Public Arts and Cultural Facilities Fund and by approval of this policy expresses its intent that Public Art in the City be funded by appropriations and deposits into the Public Art and Cultural Facilities Fund. C. Public Art and Cultural Facilities Fund: The Public Art and Cultural Facilities Fund is the identified funding source for Public Art. With the adoption of this policy, City Council establishes its intent to deposit into the Public Art and Cultural Facilities Fund an amount equal to 2% of the unallocated public benefit fees received by the City after the date of adoption of this policy pursuant to Development Agreements approved by the City. The allocation of Development Agreement revenues shall be confirmed by the City Council concurrent with its approval of the City's annual budget for the fiscal year in which public benefit fees are anticipated to be received. To provide for a future stream of funding, the City Council also desires that a contribution to the Public Art and Cultural Facilities Fund be included as a component of any public benefit fees negotiated pursuant to Chapter 15.45 of the City's Municipal Code (Developer Agreements) and approved by City Council subsequent to the date of adoption of this policy, as the same may be amended from time to time. In addition, all monies earmarked for deposit into the Public Art and Cultural Facilities Fund including, but not limited to, monies received by the City from private individuals, corporate and foundation donations, government grants Page 6 and special appropriations shall be deposited into the Public Art and Cultural Facilities Fund. D. Administration of the Public Art and Cultural Facilities Fund: The Public Art and Cultural Facilities Fund shall be maintained separate from all other City funds. Funds may be withdrawn from the Public Art and Cultural Facilities Fund following the receipt of Development Agreement revenue and deposit into the Public Art and Cultural Facilities Fund. The City Council shall review and approve all expenditures of the Public Art and Cultural Facilities Fund. Prior to approving an expenditure on a work of Public Art, the City Council shall obtain a recommendation from the City's Arts Commission and City staff as to the proposed Public Art's consistency with this policy. In addition, from time to time, City staff and the Arts Commission may: 1. Identify and assess potential Public Art projects and locations; 2. Recommend to the City Council funding for the capital construction, expansion or enhancement of permanent arts and cultural facilities, museums, historical sites, theaters or performance spaces; 3. Confer with other Boards and Commissions that may be impacted by the recommended list of Public Art projects; 4. Make appropriate recommendations to City Council; 5. Participate in the selection of artists for Public Art; 6. Plan and oversee the artistic design process; and 7. Work with appropriate City Departments to ensure correct installation and long -term maintenance and conservation of the Public Art. E. Other Considerations: The following criteria shall be considered prior to approval of a Public Art project or authorization of an expenditure of the Public Art and Cultural Facilities Fund: 1. The aesthetic concept, quality, scale, and form of the work of art, and its appropriateness for the site; 2. A site that is easily visible and /or accessible to the general public; 3. The experience, skill and ability of the artist to produce the work of art; 4. The proper medium for the work of art, considering durability against vandalism, theft and weather, and the safety of the viewer; 5. The cost for the City to acquire, install, insure and maintain the work of art; 6. The degree to which the facility will provide cultural enrichment, historical understanding, educational value, or facilitate performance art; n Page 7 7. The value of the proposed facility in the economic, cultural or neighborhood revitalization of the City and the particular neighborhood of the proposed facility; and 8. The value of the improvement in enhancing Newport Beach as an arts and /or cultural destination. Adopted - , 2013 COUNCIL POLICY 1 -9 ART IN PUBLIC PLACES A. The City of Newport Beach recognizes the importance and desirability of enhancing and beautifying the public places within the City, by acquiring and displaying publicly accessible works of art for the cultural benefit of the City, its citizens and its visitors. B. The City seeks to involve professional artists in City planning and design projects; to integrate artworks in City capital improvement projects; and to commission and /or purchase new artworks for public places. C. Public art can include but is not limited to permanent and temporary sculpture, murals, as well as artist - designed fountains, mosaics and tile work, banners, park benches and other street furniture, water features, bus shelters, streetlights and lanterns, kiosks, retaining walls, and /or hardscape treatments. D. The responsibility of the Arts Commission is to: 1. Identify and assess potential Art in Public Places projects and sites; 2. Confer with other Boards and Commissions that may be impacted by the recommended list of art projects; 3. Make appropriate recommendations to City Council; 4. Participate in the selection of artists for Art in Public Places projects; 5. Plan and oversee the artistic design process; 6. 6 Work with appropriate City Departments to ensure correct installation at the site and long term maintenance and conservation of the art work. E. The Arts Commission shall consider the following criteria in making recommendation for an Art in Public Places project: 1. The aesthetic concept, quality, scale, and form of the work of art, and its appropriateness for the site; 2. A site that is easily visible and /or accessible to the general public; 3. The experience, skill and ability of the artist to produce the work of art; 4. The proper medium for the work of art, considering durability against vandalism, theft and weather, and the safety of the viewer; 5. The cost for the City to acquire, install and maintain the work of art; 0 Page 9 6. No art objects will be considered that are mass - produced from a standard design, are reproductions of original art work, and /or are decorative or functional elements that are designed by an architect as opposed to the project artist. 7. Temporary art may be acquired and placed through the same procedures as permanent works. F. From time to time, the Arts Commission may submit to the City Manager's Office a list of projects with estimated costs. Said list is to be considered in the preparation of the next fiscal year budget. Funding for this program shall be determined by the City Council, and may be derived from the City Art in Public Places Reserve Fund, Arts Commission events, the Newport Beach Arts Foundation, private individual, corporate and foundation donations; government grants, other City funds, and /or voluntary participation by private developers. G. In addition, to maintain the artistic integrity of designated Art in Public Places sites /works, the Arts Commission shall review any future modifications, relocation, repairs, and /or replacement of parts or works at these sites. The Arts Commission shall consult with the original artist if possible or a recognized expert in the field, and shall then make the appropriate recommendation for modification to the City Council. Amended & Reassigned - April 8, 2003 9 Page 10 COUNCIL POLICY 1 -10 FINANCIAL SUPPORT FOR CULTURE AND ARTS The City Council hereby recognizes the importance of promoting culture and the arts within the City of Newport Beach. A number of individuals and groups, such as the Arts Commission and Friends of the Newport Theatre Arts Center, have been organized with the express purpose of developing and promoting culture, theatre and the arts. The City would compliment these efforts by establishing a Reserve Fund for Culture and Arts that can be used for a) developing a master plan for the promotion of culture and arts; b) acquiring land and /or the construction of facilities to promote culture and arts and; c) instituting other cultural promotion projects. The sum of $55,000 shall be provided each year for specific cultural or artistic planning, promotion and /or construction projects as approved by the City Council. It is the policy of the City of Newport Beach that expenditures from the reserve fund should be matched equally by the community in the form of contributions and donations. In regard to the City's roll (sic) in financially sponsoring art and cultural events, the City Arts Commission shall review all programs and requests for support from arts groups. The Commission shall forward its recommendations for funding to the City Council for final approval. Any appropriation shall not exceed 50% of the Arts Commissions' annual budget. For the purpose of this policy, arts groups shall be defined as those involved in visual, musical, theatre, dance, crafts, performing and literary activities. The following priorities shall be considered by the Commission. The order of preference for granting support shall be as follows: A. Local arts groups located within the City and offering programs to City residents; B. Regional arts groups located in Orange County and offering programs to City residents; and C. Arts groups located in California and performing or offering programs to City residents. Groups not offering programs or services to local residents shall not be eligible for support from the City. Reassigned - April 8, 2003 10 Page 11 COUNCIL POLICY 1 -11 DONATION OF ART TO CITY OF NEWPORT BEACH A. The City of Newport Beach believes that art placed in public sites or in public buildings increases the aesthetic appeal and beauty of such public sites and buildings, and of the City in general. B. All proposals for donations of art to the City shall be reviewed by the Arts Commission for recommendation to the City Council. C. The responsibility of the Arts Commission is to: 1. Confer with persons who have offered to donate art to the City, informing them of the donation policy, including criteria for accepting artwork and the scope of the approval process. 2. Advise the City Council of the artistic merit and value of paintings, sculpture, drawings and other art offered to the City as donations. 3. Advise the City Council regarding appropriate public sites or buildings for display of such art, in conjunction with the City Commission and /or Department which has responsibility for planning or maintaining the proposed location. D. The Arts Commission shall consider the following criteria in making a recommendation for accepting a donation of art to the City: 1. The art should be an original creation, and be of the highest quality and level of artistic excellence. 2. The art should add significantly to the balanced inventory of the City's collection, representing a variety of style, design and media. 3. The donor should complete a standardized donation form. 4. The art should be of satisfactory physical condition, be sufficiently durable as to not be easily damaged or destroyed, should not require restoration or extensive long term conservation, and should be of a physical size and weight that it can be managed in storage, transport and public display without difficulty. 11 Page 12 5. The art should be consistent with and relevant to the civic interests and broad variety of tastes within the Newport Beach community. E. A donation of art to the City must have a majority agreement within the Arts Commission prior to making a recommendation to the City Council. F. Art accepted into the City collection is done with the understanding that the Arts Commission reserves the right to place the work on public display on either a permanent or temporary basis, and to store the work when not on display. No gifts will be accepted with the understanding that the art will be displayed in perpetuity. G. Art being considered for donation to the City Art in Public Places Program must conform to the tenets of the approved Art in Public Places Policy. H. The City does not provide valuations or appraisals of art being donated to the City. The value of a work should be presented by the donor to the City at the time of donation. It is the responsibility of the donor to furnish a valuation to the appropriate government tax agency. The City shall assume all intellectual and photographic property rights to art donated to the City. Amended & Reassigned - April 8, 2003 12