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HomeMy WebLinkAboutCity Arts Commission 10-12-23 Approved Meeting MinutesCITY OF NEWPORT BEACH CITY ARTS COMMISSION MINUTES Newport Beach Public Library 1000 Avocado Avenue, Newport Beach, CA 92660 Thursday, October 12, 2023 – Regular Meeting City Arts Commission Members: Maureen Flanagan, Chair Leonard Simon, Vice Chair Barbara George, Secretary John Blom, Commissioner Melissa Kandel, Commissioner Wayan Kaufman, Commissioner Marie Little, Commissioner Staff Members: Melissa Hartson, Library Services Director Camille Escareal-Garcia, Cultural Arts Assistant I. CALL MEETING TO ORDER Chair Maureen Flanagan called the City Arts Commission meeting to order at 5:00 P.M. II. ROLL CALL Commissioners Present: Chair Flanagan Commissioner Blom Commissioner Kandel Commissioner Kaufman Commissioner Little Vice Chair Simon (Arrived at 5:04) Commissioners Absent: Secretary George (excused) Staff Present: Melissa Hartson, Library Services Director Francine Jacome, Administrative Support Specialist III. PLEDGE OF ALLEGIANCE Chair Flanagan led the Pledge of Allegiance. IV. NOTICE TO THE PUBLIC - Waived V. PUBLIC COMMENTS None City Arts Commission Meeting October 12, 2023 Page 2 VI. CONSENT CALENDAR A. Approval of Minutes of the September 14, 2023, City Arts Commission Meeting 1. Draft of 09/14/23 Minutes Chair Flanagan requested edits, changes or deletions of the minutes. Chair Flanagan noted the following correction: • Handwritten Page 10 – Paragraph 4, Minutes Page 7 revision: “Chair Flanagan assured her the Commission has talked about that with the majority of City Council.” Commissioner Melissa Kandel noted the following correction: • Handwritten Page 6, Minutes Page 3 revision: “Commissioner Kandel added that if they could see the ads, creative, and costs, they can make a better case for needing a bigger ad expense”. Chair Flanagan opened the item for public comment and there were none. Motion made by Commissioner John Blom, seconded by Commissioner Marie Little, and carried (5-0-0-2 with Vice Chair Simon and Secretary George absent) to approve the minutes of the City Arts Commission (CAC) Regular meeting on September 14, 2023, as revised. B. Consent Calendar Items 2. Financial Report Review of financial information. Library Services Director Melissa Hartson referenced Handwritten Page 12 and reported the financials have not changed much from the prior month. There were entries for the September concerts. The Commission discussed alternate options for savings on the sound and lighting, such as having the sound and lighting equipment kept in house and maintained by City staff. Library Services Director Hartson commented that keeping those in house is not cost effective due to the costs for setting up, breaking down, and storage of the equipment. In addition, they have to be sound sensitive to the neighbors across the street. The current vendor is knowledgeable about the way sound carries on the Civic Green and managing noise control. Chair Flanagan noted that the sound and lighting costs were higher than the cost for the entertainment and inquired about going out to bid for other sound engineers. City Arts Commission Meeting October 12, 2023 Page 3 Commissioner Blom suggested staff request new bids for comparison and possibly seek one sound person for all the concerts, also noting many of the bands have their own sound staff. Library Services Director Hartson advised keeping a consistent sound vendor familiar with the Civic Green worked best for the concerts due to the nature of the venue and the neighbors. Chair Flanagan inquired about the sculpture maintenance expense of $825. Library Services Director Hartson responded that was for the quarterly maintenance for Sphere 112. Chair Flanagan reminded staff they had previously discussed reflecting the totals for each account. Commissioner Blom questioned why the City can’t clean the sculptures. Library Services Director Hartson answered that art within the City is at the expense of the Arts Commission, not the City. It is within the purview of the Arts Commission to maintain and oversee the art within the City. Vice Chair Leonard Simon added that the Commission had been down that road and the answers provided were very simple. First, some of the sculptures owned by the City have to be cleaned professionally in order to preserve the piece; second if it’s not in the CAC’s budget, it would be in a different department’s budget, possibly a department that is not familiar with proper maintenance of art. Last year, the CAC had to tap into the maintenance budget for the installation of PHASE VIII which left the maintenance of the art on the back burner. Commissioner Little asked if the maintenance budget can be increased and suggested requesting additional funds for the maintenance of the sculptures. This is an annual struggle. 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 Hartson reported that during September two concerts were hosted and both were very well attended. She was glad they were able to reschedule Tijuana Dogs, the front of the Green was packed with many people dancing. It was a great way to end the Concert on the Green series. There are watercolors on display in the Central Library Gallery. Library Services Director Hartson stated she made an error on the posting of the upcoming Central Library Gallery exhibit. Artist Sherry Marger will not be on display until October 23, 2023. There will be a week in between exhibits. This information is on the Library’s website. The concert season will be complete following the 4:00 p.m. performance of Tiffany Dennis and Cruise Control on Sunday, October 15 in Marina Park. Chair Flanagan opened the item to public comments. City Arts Commission Meeting October 12, 2023 Page 4 Motion made by Vice Chair Simon, seconded by Commissioner Melissa Kandel, and carried (6-0-0-1 with Secretary George absent) to approve the Consent Calendar. VII. CURRENT BUSINESS A. Items for Review and Possible Action 4. Sculpture Exhibition Phase IX Timeline and Funding The City Arts Commission will review and discuss a proposed timeline and funding for Phase IX of the Sculpture Exhibition in Civic Center Park. Library Services Director Hartson reported that currently there is a budget allocation of $135,000 from the City plus the $10,000 commitment from the Arts Foundation for a total of $145,000. Phases VII and VIII are currently exhibiting in Civic Center Park. The rotational aspect of the phases is the most cost-effective way to display art within the City, without having to own or maintain the works. Arts Orange County (ArtsOC) has successfully managed all previous phases, and their proposal for Phase IX was submitted with no change from their previous proposal for Phase VIII. The total for ten pieces would be $119,000. Each of the artists that participate would receive a $5,000 honorarium which brings the total cost for Phase IX to $169,000. This leaves a shortfall in the budget of $24,000. Chair Flanagan requested staff work with ArtsOC to draft an additional proposal. ArtsOC Chief Executive of Operations (CEO), Richard Stein, returned with a proposal for $145,000 for eight sculptures. Breaking that down, it would be $105,000 for Arts OC, $40,000 for the artist honorariums. This falls within the Arts Commission’s budget for the Fiscal Year (FY). ArtsOC drafted a timeline that still keeps the department on track for the deinstallation of Phase VII and the installation of Phase IX, which is critical for staying within budget. Staff are requesting the Arts Commission to review and discuss both proposals and determine how to proceed forward with Phase IX. The ten sculptures proposal includes a request for City Council to approve an additional $24,000; the eight-sculpture proposal keeps the project within the current budget allocation. Vice Chair Simon inquired when the City would be billed for the removal of Phase VII and since that would happen independently of installing Phase IX, and if it would fall under the current budget. Library Services Director Hartson answered the City would be invoiced at the time of deinstallation. Funds are encumbered for Phase VII, which would not go against the current budget. Vice Chair Simon commented that in his review of both proposals he determined there is a considerable difference in the cost per sculpture between the two. For eight sculptures the cost is $18,125 per sculpture. The cost for ten sculptures is $16,900 per sculpture. They submitted the difference per sculpture to ArtsOC and received a response explaining that the management fee for deinstallation and installation is exactly the same for each sculpture. With an understanding of what goes into managing the sculptures, he believes the amount for eight sculptures is too much and they should consider returning to ArtsOC to see if the amount for eight can be decreased. Commissioner Blom commented that the contingency for eight sculptures is $1,500 more than for ten, and he doesn’t understand that difference. City Arts Commission Meeting October 12, 2023 Page 5 Commissioner Kandel noticed the cost to install eight sculptures is $1,000 more than ten sculptures. Vice Chair Simon stated he believes the conversation would ultimately be more effective breaking down the cost per sculpture rather than dissecting each situation and believes there is still room for more negotiation. Commissioner Blom suggested the Commission consider approaching the Phase VII artists to see if any of them would consider loaning their art for one more year should the proposal for eight sculptures be accepted. Commissioner Little expressed concern for accepting the proposal for eight sculptures with regards to how it would affect the cost of returning to a ten-sculpture display in the future; and commented she is completely against installing only eight and felt they should press harder for more funds. Chair Flanagan reported that when she met with the City Manager, her suggestion was for the CAC to go before City Council and make their case. In the Chair’s experience, City Council always wants to know what Plan B is, and also agreed they should request more funds. Commissioner Blom stated he believed they should accept the proposal for eight sculptures this year and ask City Council for more funds in next year’s budget. Vice Chair Simon inquired if the plan to go before City Council is still scheduled for October 24, and indicated they cannot move forward with either plan until that date. Plan A should be requesting the funds for ten sculptures, Plan B would be moving ahead with eight sculptures, Plan C is moving ahead with eight sculptures with an attempt to keep two items of Phase VII for an additional year. Library Services Director Hartson answered that if the Arts Commission approves requesting additional funds, the October 24 City Council meeting is the goal. Vice Chair Simon asked how that would affect the schedule. Library Services Director Hartson directed the Commission to the timeline explaining if they choose to go before City Council and they missed the October 24 date, the next available dates would be November 14 or November 28. Everything after that point is a very tight schedule. Keeping in mind that after they move forward either with eight or ten, they will have to return to City Council after the call for artists. Vice Chair Simon stated if they are able to make the October 24 City Council Meeting requesting more funding, they would be able to work out the details of the project and be ready to submit it to City Council for approval on November 28; and inquired who would contact the Phase VII artists. Library Services Director Hartson answered the contact with the artists would be carried out by ArtsOC. Chair Flanagan asked for public comment. City Arts Commission Meeting October 12, 2023 Page 6 Jim Mosher, Newport Beach resident, provided public comment stating the schedule seems slightly accelerated. If they go before City Council and City Council requests a study session, the result of the study session would be moved forward through the Consent Calendar. He didn’t believe the presentation needed to be presented separately from the contracts. It’s not impossible to present the contracts and the presentation at the same time. Library Services Director Hartson stated staff may not have Plan C prepared in time to appear before City Council once with both the proposals and contracts. Also noting, should Council not approve the $24,000 additional funding, the Arts Commission would need to be okay with submitting Plan B without first discussing it. Vice Chair Simon asked if it would be possible to reach out to the artists in Phase VII prior to October 24. Library Services Director Hartson added it would need to be done well in advance of October 24 Richard Stein, ArtsOC CEO, commented that there would be a process they would have to follow. It would be unfair to pick two artists and request they stay another year, particularly if all the artists happened to agree to that. They would need to determine how the decision would be made to make the two selections. If there is more polling that would take place, that decision would also have to go before City Council for approval. Several years ago, the delays for an upcoming phase led to a decision by the City to extend the existing sculptures for six months and they were paid an additional 15% of the original honorarium. That was additional funds that had to be approved by City Council. Vice Chair Simon stated the easiest way to proceed would be Plan A and Plan B, and to not include Plan C, and agrees with Commissioner Little that choosing Plan B would be a bad move, adding that he will be out of town for the October 24 City Council Meeting. All Commissioners agreed that there should be a request for more funding from City Council, Commissioner Kaufman believed that while it may make sense to receive more bids, ArtsOC has the experience and knowledge of the program. Chair Flanagan commented that the last time they tried to accept another bid, the bidder didn’t have the knowledge or equipment to follow through. Vice Chair Simon recalled Public Works turned the bid down based on their criteria requirements. Commissioner Kandel suggested it would still be worth going through the bid process to show City Council they tried to lower the cost further. Mr. Stein stated that ArtsOC considers their management fee a fixed component of the bid with all the other components variable. They reconsidered the original bid and after talking to their vendors came up with the second bid for eight sculptures. They would not consider lowering the second bid any further. City Arts Commission Meeting October 12, 2023 Page 7 Motion made by Vice Chair Simon, seconded by Commissioner Little, and carried (6-0-0-1 with Secretary George absent) to present the two proposals from Arts OC to City Council on October 26, 2023, with a request for an additional $24,000. 5. Fiscal Year 2023-24 Cultural Arts Grants Timeline Staff will present an overview of the FY 2023-24 Cultural Arts Grants program and will recommend a timeline. The City Arts Commission will also be asked to approve the due date of the FY 2021-22 Grant Completion Reports. Library Services Director Hartson reported that there is a subcommittee for the Arts Grants and every year the Arts Commission is responsible for reaching out to nonprofit organizations to gain more programming for the community. There is $30,000 budgeted to grants for outside organizations willing to provide arts programming for City residents. There is a priority for grants that include local arts groups located within the City and offering programs to City residents, regional arts groups located within the County and offering programs to City residents, and arts groups located within California and performing or offering programs to City residents. Groups not providing programs to City residents will not be eligible to receive a grant. The timeline is similar to last year’s. They would open the period at the end of October, applications are due at the beginning of the calendar year, the subcommittee will return in February with recommendations for the Arts Commission to approve, with a follow up before City Council at their next meeting after the February CAC meeting. Jim Mosher, Newport Beach resident, provided public comment and referenced an Attachment in the Agenda Packet on Page 22, and suggested staff receive clarity as to the amount allowable within the policy, and why there is no arts reserve fund. Vice Chair Simon inquired if Library Services Director Hartson was aware of the City’s reserve art fund. Library Services Director Hartson answered she didn’t know anything about it but will work with the City’s Finance Director to find out where it is. Vice Chair Simon commented that if there are no reserved art funds, whatever Policy I-10 says has really no effect. Motion made by Commissioner Leonard Simon, seconded by Commissioner Wayan Kaufman, and carried (6-0-0-1 Secretary George absent) to approve the Cultural Arts Grants timeline for Fiscal Year 2023-24. 6. Central Library Gallery Exhibits The Art in Public Spaces Ad Hoc Subcommittee recommends the following artists to exhibit at the Newport Beach Central Library gallery exhibit: Oriana Pointdexter, Lucy Galvin, and Laura Green. Library Services Director Hartson reported the Art in Public Spaces Ad Hoc Subcommittee met to review the applications submitted for display in the Central Library Gallery. The Subcommittee recommended moving forward with three artists: Oriana Pointdexter, Lucy Galvin, and Laura Green. Examples of their works are included in the Agenda Packet as Attachments A, B, and C. City Arts Commission Meeting October 12, 2023 Page 8 Chair Flanagan asked how many applicants were reviewed. Commissioner Little responded it’s an ongoing flow of applicants, so it is always different. In this group there were seven. Motion made by Commissioner John Blom, seconded by Commissioner Marie Little, and carried (6-0-0-1 Secretary George absent) to approve the following artists to exhibit at the Newport Beach Central Library gallery exhibit: Oriana Pointdexter, Lucy Galvin, and Laura Green. 7. Student Art Exhibition Timeline The Student Art Exhibition Ad Hoc Subcommittee recommends a timeline for the 2024 Student Art Exhibition. Library Services Director Hartson reported that it’s that time of year when staff are evaluating another program which happens to involve students (children and teens) within the community. This exhibition has been held for two years, the first year there were ninety submissions, the second year there were 180 submissions. They are looking forward to hosting the exhibition again because they have seen an increase in both submissions and turnout. The subcommittee met and developed a timeline which includes opening the call for entries at the beginning of the calendar year, having a judging period, the winners chosen will return to the Arts Commission for approval, and then be displayed at the Central Library. It’s a great way to extend programming to children. Library Services Manager Rebecca Lightfoot will be working with the Arts Commission and the subcommittee on this project going forward. Chair Flanagan stated that Commissioner George is also on the subcommittee and had indicated she enjoys going to the schools and talking to the head of the art departments to gain more artists and had committed to doing that again this year before the winter holiday vacation. Motion made by Commissioner John Blom, seconded by Commissioner Melissa Kandel, and carried (6-0-0-1 Secretary George absent) to approve the proposed timeline for the 2024 Student Art Exhibition. 8. Revisions to City Council Policies I-9 Through I-12 The City Arts Commission will review the final draft of the Revisions to City Council Policies I-9 through I-12 Ad Hoc Subcommittee’s proposed changes and forward to City Council for review and approval. Library Services Director Hartson reported that in September 2022, City Council initiated a review of the Municipal Code and City Council policies. An ad hoc subcommittee was formed, who in turn requested each Board and Commission form their own ad hoc subcommittee to review the policies within their purview. Council Policies I-9 through I-12 are the policies that fall within the jurisdiction of the City Arts Commission. Each committee was asked to make recommendations for deletions, additions, or language changes. The CAC ad hoc committee is now returning to the CAC for final review of those policies prior to forwarding them to City Council for review and approval. Two policies have recommended changes. The first is I-9, the subcommittee is recommending reinstituting a previous iteration of Council Policy I-9 that is Attachment D in the Agenda Packet. There were small edits to the language of I-11 to clarify information. Staff’s recommendation is City Arts Commission Meeting October 12, 2023 Page 9 to not present the additional language to City Council in this project because City Council has directed subcommittees to delete or reduce language, adding language does not fit within the scope of Council’s direction. Staff recommends submitting the changes made to I-11, and then submitting the additional language to I-9 as a separate agenda item. Vice Chair Simon referenced Handwritten Page 42, second paragraph from the bottom, and inquired clarification of the expiration date mentioned. Library Services Director Hartson explained in the original resolution, the expiration date for Council subcommittee was June 30, 2023. During the April 11, 2023, City Council meeting, Council adopted an extension to that. Director Hartson believed it was extended to June 30, 2024; however, the Council subcommittee is moving forward on this item at an upcoming meeting. Vice Chair Simon commented that City Council Policy I-12 has nothing to do with the Arts Commission. Chair Flanagan agreed, they didn’t feel they needed to comment on that Policy at all. It’s a sister-city item. Vice Chair Simon stated that the Arts Commission is not involved in sister-cities and requested staff inform them of that to avoid any miscommunication. It’s possible it is within the purview of the Library. Also, I-10 needs to be rewritten in today’s environment of reserve funds or no reserve funds. Vice Chair Simon inquired if they have an option not to present any changes. I-9 is the Policy that the Commission wants to add language and staff is recommending they not submit additions at this time. Procedurally, he felt the same should apply to I-9. Library Services Director Hartson responded that if the Commission would also like to revise I-10, because there are no changes to it now, yes that could be submitted to City Council on a future agenda date. Vice Chair Simon indicated that since the final rendition of I-10 is still pending and could possibly end up with a different flavor to the policy. Vice Chair Simon stated there’s a question surrounding the process in which Policies are edited. If I-9 and I-10 are not going to be submitted at this time, that only leaves the minor edits to I-11. Library Services Director Hartson confirmed if that’s what the Commission would like to do there is no problem with submitting only I-11 to the Council. She will ensure they understand that I-11 is the only policy with reductions/deletions per City Council’s direction. The separate items will be submitted to City Council on a future agenda, not the ad hoc committee. Commissioner Blom questioned why the CAC is still meeting when they removed their responsibilities in the 2017 version of the City Council Policies. Library Services Director Hartson explained that the City Arts Commission still has responsibilities that fall under the City Charter. She can bring those back at a future meeting. Library Services Director Hartson added that she was not provided with the information of why the policy was reduced in 2017. City Arts Commission Meeting October 12, 2023 Page 10 Chair Flanagan called for public comment. Jim Mosher, Newport Beach resident, provided public comment stating his recollection when City Council extended the expiration date, there were two separate parts. One was their own Council subcommittee, who he believed will be returning at the November 28 meeting with changes to the entire Municipal Code. Some of what he has seen appears to go against California Code. At a separate charge, some of the Commissions have reviewed some of the policies that were related to them. The way the resolution is read, that’s on an independent track. He doesn’t believe the CAC recommendation goes through City Council’s Policy Review Subcommittee to the Council, and they were asked by June of 2024 to make recommendations about deleting language. Referencing back to the changes in the City Charter made in August 2017, there was no information as to why the changes were made to the policies that are within the CAC’s purview. When he looks at Policy I-11, the policy is about acquisition of art into the City’s art collection. He was looking at Attachment G on Handwritten page 57, and which references Policy I-9 and references art in public places, however I-9 seems to reference outdoor art. The Arts Commission can’t make a recommendation to Council for acquisition of interior art because it doesn’t fit Policy I-9. Consequently, Council put reserved spaces within the policy for the Arts Commission to redo I-9 to make it fit with another policy. In the Charter, the Arts Commission has an ongoing power and duty to make recommendations to the Council anytime to adopt policies that they think are needed for the administration of art in the City. In this effort to reduce words, rather than putting the words back in, the two interact with each other. Saying everything has to be art in public places, and then saying it has to be acquired, doesn’t make sense, when the art in public places seems to refer only to outdoor art. The City doesn’t acquire indoor art, and part of the art inventory is indoor art. The Commission can reduce language at any time. Even with reduced language it doesn’t quite work. Vice Chair Simon read Section 712 of the City Charter listing the responsibilities of the Arts Commission. It’s very broad brush which is why there is a need to create the Policy. The City Charter and the Policies don’t talk with each other. It may be wise to not submit anything, take the time to look at all the policies and redo them according to the responsibilities listed in the City Charter and take that back to City Council for adoption so that they all work with each other. That also requires finding out about the reserve fund. In all of the policies reviewed thus far, some of those components are not present. Also adding that he’s interested in finding out if an ad hoc committee created by the Arts Commission can include a citizen of the city. Library Services Director Hartson responded she would look into that. Motion made by Vice Chair Leonard Simon, seconded by Commissioner Marie Little, and carried (6-0-0-1 Secretary George absent) to not submit a recommendation to City Council/ad hoc committee at this time, redo Policies I-9 and I-11 and submit them to City Council at a later date. B. Monthly Reports 9. Newport Beach Arts Foundation Liaison Chair Flanagan City Arts Commission Meeting October 12, 2023 Page 11 Chair Flanagan reported that the Arts Foundation met and went over how successful Art in the Park was, however, they did not have any financial information. The Arts Foundation discussed plans for next year; and are looking at getting a membership drive going. They will be doing a workshop with an outside consultant on how to work better as a Board. Library Services Director Hartson added that Arts Foundation members Carmen Smith and Pat Jorgenson, who chaired Art in the Park, wanted to extend their thanks to the Commission for their support of Art in the Park. Chair Flanagan reminded everyone to check their emails as that is how they generally correspond with one another. VIII. CITY ARTS COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-DISCUSSION ITEM) Commissioner Kandel announced she was attending the Newport Beach Film Festival and will attend the Mayor’s reception. Requested future Agenda items included: • Commissioner Blom asked to add an item regarding more. publicity for the Sculpture Garden. • Commissioner Flanagan asked to add the nature docent tours in Civic Center Park. The first one is scheduled for November 8. • Commissioner Simon asked to add Council Policy revisions. Vice Chair Simon requested new Commission business cards be ordered for the new Commissioners if possible. Library Services Director Hartson responded she would look into that. Chair Flanagan commented she would also like name badges ordered for the Commissioners as well. IX. PUBLIC COMMENTS ON NON-AGENDA ITEMS None X. ADJOURNMENT – 6:30 p.m. The next meeting for the City Art Commission is scheduled for November 9, 2023. Approved by: Maureen Flanagan