HomeMy WebLinkAbout11-14-2019 - CAC - Approved MinutesNewport Beach City Arts Commission Meeting Minutes
Thursday, November 14, 2019
Regular Meeting – 5:00 PM
Newport Beach Civic Center Council Chambers
100 Civic Center Drive
Newport Beach, CA 92660
I. CALL MEETING TO ORDER – 5:03 P.M.
II. ROLL CALL
Commissioners Present: Arlene Greer, Chair
Marie Little, Vice Chair
Michelle Bendetti, Secretary
Maureen Flanagan, Commissioner
Ritch LeGrand, Commissioner
Commissioners Absent: Miriam Baker, Commissioner
Wayan Kaufman, Commissioner
Staff Present: Tim Hetherton, Library Services Director
Francine Jacome, Administrative Support Technician
III. NOTICE TO THE PUBLIC
[The City Arts Commission heard Items V.B.2, V.A.1, and V.B.3 before receiving public
comments.]
IV. PUBLIC COMMENTS
Pat Jorgensen, Newport Beach Arts Foundation President, advised that the Arts
Foundation will be planning future events and developing a budget for the upcoming year
at its meeting on November 19. Commissioners are invited to an art exhibit on Sunday.
Jim Mosher suggested the City Arts Commission place Metalfor near the bridge in Civic
Center Park rather than in front of the building. Burnt Matchstick is not coastal and does
not represent Newport Beach; therefore, he opposed the purchase of it.
Joy Brenner recommended relocating Burnt Matchstick if the Arts Foundation purchases
it. The public has complained that it is near and above the American flag.
V. CONSENT CALENDAR
A. Approval of Minutes of the October 10, 2019 City Arts Commission Meeting
1. Draft of 10/10/2019 Minutes
Motion made by Commissioner Flanagan, seconded by Commissioner Bendetti, and
carried (5-0-0-2) to approve the Minutes of the October 10, 2019 City Arts Commission
meeting as presented.
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November 14, 2019
Page 2
AYES: Greer, Little, Bendetti, Flanagan, LeGrand
NOES: None
ABSTENTIONS: None
ABSENT: Baker, Kaufman
B. Consent Calendar Items
2. Financial Report – Review of financial information
Library Services Director Tim Hetherton reported the Programming Budget contains
approximately $30,000. The contract with Arts Orange County (ArtsOC) for Phase V of
the Sculpture Garden has been finalized, and payments from the Sculpture Garden
Budget will begin in December. The overall budget is on track.
In answer to Commissioners' questions, Library Services Director Hetherton explained
that funds for artist honoraria are encumbered and do not return to the General Fund at
the end of the fiscal year. The second half of honoraria for four sculptures retained through
January 2020 will be paid in January from funds encumbered for Phase III. Encumbered
funds are not shown in the Budget. Once contracts for Cultural Arts Grants are executed,
the funds will be paid. The payments could be made prior to the December meeting.
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 indicated he is working with the City Attorney's Office
to finalize the contract for the California State Department of Parks and Recreation grant
for the Sculpture Exhibition. Destination Art by Sherry Marger is on exhibit in the Central
Library gallery.
Motion made by Commissioner Bendetti, seconded by Commissioner Flanagan, and
carried (5-0-0-2) to approve the Consent Calendar.
AYES: Greer, Little, Bendetti, Flanagan, LeGrand
NOES: None
ABSTENTIONS: None
ABSENT: Baker, Kaufman
VI. CURRENT BUSINESS
A. Items for Review and Possible Action
4. Conducting Effective Public Meetings – The City Attorney's Office will
be conducting a general training on the rules applicable to public meetings
including rules of order, agenda requirements, the discussion of non-
agenda items, the public's place on the agenda, and other requirements
under the Brown Act.
City Attorney Aaron Harp shared the background and intent of the Brown Act. Criminal
penalties and civil costs can be imposed for violating the Brown Act. Commissioners
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November 14, 2019
Page 3
should be cautious when using email to communicate with other Commissioners. Robert's
Rules of Order govern the meeting process. The Brown Act allows a brief response and/or
referral to staff regarding public comments. The Brown Act requires the body to allow
public comment for all agenda items. City Attorney Harp explained the handling of
motions, amended motions, and substitute motions. Commissioners should disclose ex
parte communications and conflicts of interest. An ad hoc committee has a limited
duration, is limited to a specific subject, and makes a recommendation to the main body.
In response to inquiries, City Attorney Harp advised Commissioners to provide the name
of the party with whom they spoke and the topic of the conversation when disclosing ex
parte communications. The absence of members does not affect an ad hoc committee's
ability to report or provide a recommendation to the main body if the topic has been
properly noticed as an agenda item. Robert's Rules of Order call for a motion prior to
discussion of a topic, but that process is not effective for government business.
Jim Mosher clarified that an emergency meeting is held in response to a natural disaster
or similar event. Special meetings require a 24-hour notice. Ex parte disclosures should
include some detail of communications so that the accuracy of the conversation can be
determined. The City Arts Commission's ad hoc committees may be standing committees
as they don't appear to have a limited duration. In addition, Commissioners serve on more
than one committee and may inadvertently discuss topics outside a public meeting.
Perhaps Commissioners should discuss engaging the community in order to have more
effective meetings.
City Attorney Harp added that the City Arts Commission can request a future agenda item
for a topic raised in public comment. Also, Commissioners should not feel compelled to
respond to public comment.
5. Restoration and Relocation of Metalfor Sculpture – The Metalfor Ad
Hoc Subcommittee recommends that the City Arts Commission:
a) Accept the quote from Hector Dominguez for $4,800 to restore
Metalfor;
b) Determine a site location for Metalfor in Civic Center Park.
Library Services Director Hetherton related the history of Metalfor in Newport Beach. The
artist, Bret Price, has achieved acclaim since the City acquired Metalfor, and Mr. Price's
works are typically displayed prominently. Metalfor must be relocated because the City
will construct a pedestrian bridge on the site. Construction is tentatively scheduled to
begin in mid-2020. Hector Dominguez has submitted a quote of $4,800 to restore
Metalfor.
Chair Greer reported the subcommittee is composed of Commissioners LeGrand and
Baker and herself. The subcommittee has identified possible locations in Civic Center
Park for Metalfor. Metalfor is in poor condition, and the City is required to maintain its
public art.
Pat Jorgensen suggested the subcommittee explore locations for Metalfor in other parts
of the City as the Sculpture Exhibit is located in Civic Center Park and other parks have
no art.
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November 14, 2019
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Chair Greer explained that the schedule for rotating sculptures through Civic Center Park
sometimes leaves the park virtually bare of artwork. Metalfor is a quality sculpture.
Joy Brenner concurred with Ms. Jorgensen's comment.
Library Services Director Hetherton advised that artwork is currently on display in one
other City park. Public comment should always be accepted on City activities. The Board
or Commission responsible for parks may have to approve locating the sculpture in a park.
Metalfor can be stored while the subcommittee explores locations.
Vice Chair Little commented regarding her appreciation for the sculpture and wish for it to
return to West Newport. Metalfor has not garnered attention in its deteriorated state, but
once it is restored it will be noticed.
Commissioner LeGrand recalled Commissioner Baker's stories about the difficulties of
finding a location and moving Metalfor in 1994 and reiterated that sculptures are lost in
Civic Center Park when there is not a full complement of sculptures. Metalfor will appear
to be new artwork in either of the proposed locations in Civic Center Park because it will
stand out in the park and provide structure to the park.
Commissioner Flanagan preferred the subcommittee investigate other areas of the City.
Chair Greer stated the City Arts Commission could continue the item and seek public input
regarding a location for Metalfor. However, Metalfor comports beautifully with Civic Center
Park.
Commissioner Bendetti expressed concern that Civic Center Park could become the home
for wayward sculpture with the addition of the Ronald Reagan statute and Metalfor. The
Sculpture Garden was developed on the concept of rotating artwork. Public art should be
located across the City. Metalfor should be returned to West Newport if an appropriate
site can be found.
Motion made by Chair Greer, seconded by Vice Chair Little, and carried (5-0-0-2) to accept
Hector Dominguez's quote for restoration of Metalfor, to proceed with the restoration work
immediately, and to return the site location to the subcommittee for further consideration.
AYES: Greer, Little, Bendetti, Flanagan, LeGrand
NOES: None
ABSTENTIONS: None
ABSENT: Baker, Kaufman
Chair Greer requested staff publicize the City Arts Commission's search for a site for
Metalfor.
6. Acquisition of Burnt Matchstick – Staff will present the protocol of
making a funding request to the Newport Beach Arts Foundation. The City
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November 14, 2019
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Arts Commission will consider making a funding request to the Newport
Beach Arts Foundation for the purchase of Burnt Matchstick.
Library Services Director Hetherton reported the City Arts Commission may prepare a
request for funding and present it to the Arts Foundation. Fred Page of Page Art has
appraised Burnt Matchstick and indicated the sculpture is an excellent value at a cost of
$50,000. The artist has suggested the annual maintenance cost could range from $500
to $1,500.
Pat Jorgensen, Newport Beach Arts Foundation President, advised that the Arts
Foundation is willing to entertain a request for funding, but the request needs to provide
details such as the total amount requested, the site location, and plans for fundraising.
The Arts Foundation cannot fund the total purchase price at the current time.
Chair Greer noted Burnt Matchstick is scheduled to be de-installed in January. The City
Arts Commission can raise funds because the Council has granted a waiver of Policy A-
5. The City Arts Commission will have to recommend the City Council approve the
donation of Burnt Matchstick, and the City Council will have to schedule an agenda item
for the donation. The Council has one meeting scheduled in December for a ceremonial
matter.
Library Services Director Hetherton added that a site will have to be determined for the
sculpture prior to the Council approving the donation. Karl Unnasch, the sculptor, may be
amenable to a payment schedule; however, the Council may not approve a payment
schedule.
Chair Greer proposed the City Arts Commission engage the public to learn of their interest
in the City acquiring Burnt Matchstick.
Commissioner Bendetti indicated the issue of Burnt Matchstick competing with the
American flag should be resolved first. If it cannot be resolved, an alternative site will have
to be found for Burnt Matchstick.
Library Services Director Hetherton advised that the current location of Burnt Matchstick
does not violate flag etiquette; however, the landscape architect designed the area
specifically for the flags and the monuments of the fallen soldiers. Relocating Burnt
Matchstick would be a good idea. Mr. Unnasch may be willing to extend the agreement
for the sculpture to remain in Newport Beach while fundraising occurs.
Vice Chair Little supported acquiring Burnt Matchstick and liked the current location but
would not oppose relocating it.
Chair Greer preferred the sculpture remain at the Civic Center.
Commissioner Flanagan concurred with retaining it at the Civic Center and extending the
de-installation if possible.
Commissioner LeGrand expressed ambivalence about acquiring Burnt Matchstick. The
concern is raising the required funds in a short timeframe. He suggested the City Arts
Commission obtain a funding commitment from the Arts Foundation prior to contacting the
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November 14, 2019
Page 6
sculptor to request an extension of the agreement to display the artwork. A commitment
could persuade the sculptor to work with the City Arts Commission.
Motion made by Commissioner LeGrand, seconded by Vice Chair Little, and carried (5-0-
0-2) to prepare a funding request to the Newport Beach Arts Foundation for the purchase
of Burnt Matchstick and to direct Chair Greer and Vice Chair Little to present the request
to the Arts Foundation at its meeting scheduled for November 19, 2019.
AYES: Greer, Little, Bendetti, Flanagan, LeGrand
NOES: None
ABSTENTIONS: None
ABSENT: Baker, Kaufman
7. Central Library Gallery Exhibits – The Art in Public Places Library Gallery
Ad Hoc Subcommittee recommends that the City Arts Commission approve
exhibitions by Cindy English Gillis and Michael Crook in the gallery space
in the central Library lobby.
Chair Greer reported Ms. Gillis participated in the Newport Beach Art Exhibition and Art in
the Park.
Motion made by Chair Greer, seconded by Vice Chair Little, and carried (5-0-0-2) to
approve exhibitions by Cindy English Gillis and Michael Crook in the gallery space in the
Central Library lobby.
AYES: Greer, Little, Bendetti, Flanagan, LeGrand
NOES: None
ABSTENTIONS: None
ABSENT: Baker, Kaufman
B. Monthly Reports
8. Art in Public Places Library Gallery Ad Hoc Subcommittee –
Commissioner Arlene Greer, Commissioner Miriam Baker
See Item VI.A.7
9. Cultural Arts Grants/Youth Programming Ad Hoc Subcommittee –
Commissioner Wayan Kaufman, Commissioner Arlene Greer
Chair Greer advised that awards are planned for the December 12 meeting.
10. Metalfor Relocation Ad Hoc Subcommittee – Commissioner Arlene
Greer, Commissioner Miriam Baker, Commissioner Ritch LeGrand
See Item VI.A.5
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November 14, 2019
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11. Newport Beach Art Exhibition Ad Hoc Subcommittee – Commissioner
Arlene Greer, Commissioner Marie Little, Commissioner Maureen
Flanagan
Chair Greer reported the subcommittee held its first meeting and will meet again to
formulate a plan for the Art Exhibition and to discuss a call for artists. The goal is to
increase attendance through more engaging artists and more artwork. The entry fees will
remain at $30 for one entry and $40 for two entries.
12. Newport Beach Arts Foundation Liaison Ad Hoc Subcommittee –
Commissioner Maureen Flanagan, Commissioner Arlene Greer,
Commissioner Marie Little
See Item IV
13. Performing Arts for Balboa Peninsula Ad Hoc Subcommittee –
Commissioner Marie Little, Commissioner Michelle Bendetti,
Commissioner Ritch LeGrand
No report
14. Performing Arts for Concerts on the Green Ad Hoc Subcommittee –
Commissioner Michelle Bendetti, Commissioner Arlene Greer,
Commissioner Wayan Kaufman
Commissioner Bendetti indicated the deadline for acts to submit material is December 31
or January 1.
15. Publicity Liaison Ad Hoc Subcommittee – Commissioner Arlene Greer,
Commissioner Marie Little, Commissioner Michelle Bendetti
No report
16. Sculpture Exhibition in Civic Center Park Phases IV and V
Development Ad Hoc Subcommittee – Commissioner Arlene Greer,
Commissioner Marie Little
Library Services Director Hetherton reported Rick Stein of ArtsOC will address the City
Arts Commission in December.
VII. CITY ARTS COMMISSION ANNOUNCEMENTS OR MATTERS WHICH MEMBERS
WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR
REPORT (NON-DISCUSSION ITEM)
Chair Greer requested agenda items regarding a public forum, Burnt Matchstick, award of
Cultural Arts Grants, and an update from ArtsOC.
VIII. PUBLIC COMMENTS ON NON-AGENDA ITEMS
None
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November 14, 2019
Page 8
IX. ADJOURNMENT – 6:53 P.M.
Chair Greer adjourned the meeting at 6:53 p.m.
Approved by: