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HomeMy WebLinkAbout19 - Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park�EWPR CITY OF T - z NEWPORT BEACH <,FoR�P City Council Staff Report August 9, 2016 Agenda Item No. 19 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tim Hetherton, Library Services Director - 949-717-3801, thetherton@newportbeachca.gov PREPARED BY: Tim Hetherton, Library Services Director, thetherton@newportbeachca.gov PHONE: 949-717-3810 TITLE: Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park ABSTRACT: The Arts Commission has drafted a proposal to stage Phases III and IV of the Sculpture Exhibition in Civic Center Park. This plan, if approved by City Council, will utilize funds from the Public Art and Cultural Facilities Fund (Council Policy 1-13) to fund the exhibition. The City Arts Commission hopes to leverage the Sculpture Exhibition in Civic Center Park's status as the City's signature public art program to raise private money, expand the membership of the Newport Beach Arts Foundation, and provide an opportunity for the community to invest in City arts programming and to reduce the reliance on the General Fund for arts programs. The City Arts Commission approved this draft plan at their July 14, 2016 regular meeting. RECOMMENDATION: a) Determine that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a physical change to the environment, directly or indirectly; and b) Authorize Phases III and IV of the Civic Center Sculpture Garden exhibition, as suggested by the City Arts Commission. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for this purchase. Pending Council approval, it will be expensed from the Public Art and Cultural Facilities Fund to the Services, Professional & Technical account in the Cultural Arts Division, Library Services Department, 51403-811008. 19-1 Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park August 9, 2016 Page 2 DISCUSSION: The Sculpture Exhibition in Civic Center Park is an integral feature of the Newport Beach Civic Center project. Civic Center Park, which turned nearly half a million square feet of undeveloped land into a new public park, was designed by renowned landscape architectural firm Peter Walker and Partners (PWP). PWP developed a master plan for art in the park, and identified various spots in the park where art, particularly sculpture, could be exhibited. The Arts Commission determined that a rotating exhibition was an optimal approach to bring sculpture to the City in a cost-efficient manner. In August 2013, the Newport Beach City Council authorized the City Arts Commission to implement an inaugural rotational sculpture exhibit in Civic Center Park. The acquisition program that the Arts Commission developed for the exhibition created a model in which pieces are loaned for a 2 -year period. Sculptors of works chosen for the exhibition are provided with a small honorarium to loan their work to the City. The City is responsible for installing the art, while sculptors are responsible for the maintenance and repair of their work. Admission is free and the exhibition continues to be enjoyed by a wide demographic, including schoolchildren, the local community and visitors from Southern California and beyond. In essence, the exhibition has become a "museum without walls" that offers the temporary display of public art that allows the City to avoid the obligation and expense of owning public art. The City sought to have a well-balanced representation of public art that would appeal to a diverse audience of all ages, while including artistic merit, durability, practicality and site responsiveness as criteria in the selection. The rotational nature of the exhibit ensures that residents and guests can experience a variety of art. The City Arts Commission asserts that the exhibition is a valuable asset to the community and the local economy. A temporary/rotational exhibit of this nature is a first for Orange County. The exhibit has proved to be a popular amenity that has garnered significant favorable media coverage (including a cover story in COAST Magazine and coverage by the Orange County Register and Daily Pilot) and has become an integral element to the enjoyment of the park by residents and guests. In 2015, the Sculpture Exhibition in Civic Center Park was awarded "Best Public Art" from OC Weekly for the second consecutive year and the "museum without walls" has become a favored destination for residents and guests interested in quality public art. The Newport Mesa School District uses the Sculpture Exhibition to supplement the arts curriculum and routinely buses student to the site for field trips. Guests to the park are encouraged to download the free Sculpture Exhibition in Civic Center Park app to take a roughly 30 -minute guided tour through the 14 -acre park. Since the grand opening in 2014, the app has been downloaded over 600 times. Anecdotally, the sight of both groups and individuals strolling through the park and enjoying the exhibition has become common. The exhibition promotes cultural tourism that is a key component in encouraging economic growth within the City. As the draft Master Plan for Arts and Culture states, "It is well-documented that the arts contribute not only to the quality of life of a community, but to its economic health as well. A variety of respected entities regularly measure the 19-2 Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park August 9, 2016 Page 3 economic impact of the arts—locally, regionally and nationally—and the data about Newport Beach underscore the economic value of having a healthy arts sector." A review of the federal tax returns of Newport Beach's largest nonprofit arts and cultural organizations shows that these entities generate an economic impact of more than $57 million in the form of direct expenditures, indirect expenditures and audience expenditures. The total is based upon their Form 990 reportable income and industry - standard multipliers utilized by Chapman University's A. Gary Anderson Center for Economic Research in the most recent Economic Impact of the Nonprofit Arts in Orange County report. ANNUAL ECONOMIC IMPACT OF NEWPORT NONPROFIT ARTS & CULTURE ORGANIZATIONS, BEACH 2012 Organization Income Baroque Music Festival $88,647 ExplorOcean $2,372,362 Friends of Newport Beach Library $205,758 Hutchins Consort $127,757 Musical Theatre Academy of Orange County $527,287 Newport Beach Film Festival $3,458,590 Newport Beach Arts Foundation $3,496 Newport Beach Library Foundation $1,100,063 Newport Beach Sister Cities $4,652 Newport Theatre Arts Center $143,706 Orange County Museum of Art $5,839,303 Sherman Library & Gardens $1,264,649 Southern California Children's Chorus $729,166 Total Direct Spending $15,865,436 Indirect Spending (x 1.89) $30,759,795 Audience Spending $10,026,229 Total Economic Impact $57,061,048 Source: The Economic Impact of the Nonprofit Arts on Orange County 2012 (For the Orange County Business Committee for the Arts). Notes: • Income figures were derived from organizations' latest Form 990 posted on Guidestar.org. • An "indirect spending" multiplier of 1.89% is used by the A. Gary Anderson Center for Economic Research at Chapman University in past Economic Impact of the Arts reports. • Audience spending: due to lack of admissions detail in the Form 990, Arts OC has conservatively estimated admissions income to be only 1/3 of total income and used that figure with Chapman University's recommended multiplier. 19-3 Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park August 9, 2016 Page 4 BUDGET PROPOSAL Staff estimates the cost of the project at $125,000.00 per phase. This estimate is based on the cost breakdown of the two previous phases. The Arts Commission intends to use these funds to hire a project coordinator, initiate an online call -for -entry, provide honorariums for a curatorial selection panel that will include a landscape architect, hire an installation firm, and provide honorariums for the 10 artists selected to display their work The following table details estimated costs: PROPOSED FUNDING SOURCE: In May 2016, the City Arts Commission prepared a proposal in which up to $250,000 in funds from the Public Art and Cultural Facilities Fund (Council Policy 1-13), be used to finance Phase III of the Sculpture Exhibition in Civic Center Park for fiscal year 2016/17 and Phase IV for fiscal year 2017/18. After reviewing Council Policy 1-13, the Arts Commission suggests that the use of the Public Art and Cultural Facilities Fund is an appropriate source to finance Phases III and IV of the Sculpture Exhibition in Civic Center Park. While the Sculpture Exhibition in Civic Center Park is a rotating exhibition, also a specific and permanent art project (thus the "museum without walls" reference and can be supported through the Public Art and Cultural Facilities Fund. Council Policy 1-13 refers to money provided by Development Agreements ("DAs"), which are contracts between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property, as well as to describe and typically fund certain public benefits agreed to by the parties should the development progress. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of the DA's approval. In March 2013, the City Council adopted Council Policy 1-13, establishing a Public Art and Cultural Facilities Fund, and a funding source for the acquisition, installation, management and maintenance of Public Art. The goal of the Policy was to fund art without adopting or imposing new fees or charges. With the adoption of the policy, the Council authorized the deposit of two percent (2%) of the unallocated public benefit fees 19-4 DESCRIPTIONTASK • Site Preparation Landscaping/Concrete Bases $13,000 Installation of Phase 3 Sculptures 10 Sculptures $19,000 Project Management $35,000 Contingency $5,000 Artist Honorariums Not to exceed $5k per artist $50,000 Panelist Honorariums Not to exceed $250.00 per consultant $1,000 Call For Entry software application $2,000 TOTAL: $125,000 PROPOSED FUNDING SOURCE: In May 2016, the City Arts Commission prepared a proposal in which up to $250,000 in funds from the Public Art and Cultural Facilities Fund (Council Policy 1-13), be used to finance Phase III of the Sculpture Exhibition in Civic Center Park for fiscal year 2016/17 and Phase IV for fiscal year 2017/18. After reviewing Council Policy 1-13, the Arts Commission suggests that the use of the Public Art and Cultural Facilities Fund is an appropriate source to finance Phases III and IV of the Sculpture Exhibition in Civic Center Park. While the Sculpture Exhibition in Civic Center Park is a rotating exhibition, also a specific and permanent art project (thus the "museum without walls" reference and can be supported through the Public Art and Cultural Facilities Fund. Council Policy 1-13 refers to money provided by Development Agreements ("DAs"), which are contracts between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property, as well as to describe and typically fund certain public benefits agreed to by the parties should the development progress. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of the DA's approval. In March 2013, the City Council adopted Council Policy 1-13, establishing a Public Art and Cultural Facilities Fund, and a funding source for the acquisition, installation, management and maintenance of Public Art. The goal of the Policy was to fund art without adopting or imposing new fees or charges. With the adoption of the policy, the Council authorized the deposit of two percent (2%) of the unallocated public benefit fees 19-4 Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park August 9, 2016 Page 5 received by the City from development agreements into the Public Arts and Cultural Facilities Fund. These funds are intended to acquire and maintain permanent art structures and installations as identified in the Newport Beach Master Arts and Culture Plan. The first year of implementation of this program was fiscal year 2014-15. During the fiscal year, the fund received $433,495. There are time commitments on funds secured by development agreements. Per California Government Code §66001(d), for the fifth fiscal year following the first deposit into the account or fund and every five years thereafter, the City shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. After reviewing Council Policy 1-13 and discussing this issue with the Council at a Study Session on May 24, 2016, the Arts Commission believes that the use of the Public Art and Cultural Facilities Fund is an appropriate source to finance Phases III and IV of the Sculpture Exhibition in Civic Center Park. The Sculpture Exhibition in Civic Center Park can be identified as a specific and permanent art project that can be supported through the Public Art and Cultural Facilities Fund. The Commission proposes appropriating $250,000 from the Public Art and Cultural Facilities Fund for Phases III ($125,000) and IV ($125,000) respectively. If private fundraising by the Arts Foundation is successful or another support group, the Council may direct that these private funds may supplant all or portions of the Phase IV amount. PRIVATE SUPPORT: During Phases III and IV, the City Arts Commission envisions that the Newport Beach Arts Foundation (NBAF) or another privately funded arts support group undertake a fundraising effort to finance a portion of the Sculpture Exhibition, with an even greater share for Phases V and beyond, should those phases be desired by the Commission and City Council. The City Arts Commission hopes to leverage the Sculpture Exhibition in Civic Center Park's status as the signature public art program of the City Arts Commission to raise private money, expand the membership of the NBAF or another support group, and provide an opportunity for the community to invest in City arts programming. The following elements are critical in developing private support for the project: • Use the Sculpture Exhibition in Civic Center Park as the primary focus of arts fundraising in the City. • Provide sponsorship opportunities and opportunities for community advocacy for the sculptures in the Exhibition and encourage business, corporate and individual sponsorship for each of the 20 works of art. • Continue to use the rotation art into the Sculpture Exhibition in Civic Center Park as a means to promote cultural tourism as a source of revenue. 19-5 Proposal for Phases III and IV of the Sculpture Exhibition in Civic Center Park August 9, 2016 Page 6 • Make the Sculpture Exhibition in Civic Center Park available for public events to engender the financial support of the Sculpture Exhibition, as a Civic Center amenity/attraction for private local events that generate revenue for the City. • Create a mechanism in which private funds are matched with Council Policy 1-13 funds for subsequent phases of the exhibition. COMMUNITY INPUT After the first 2 phases of the exhibition, the project received some criticism in that there were limited opportunities for the public to weigh in on the merits of specific pieces of art. In response, the Arts Commission proposes to increase public engagement in the project by offering residents opportunities to become part of the selection process. This will be accomplished by integrating these elements into the process: • Hold one regular Arts Commission study session meeting where the public will be invited to express their preferences for the submitted art prior to panel consideration; • Hold one curatorial selection panel meeting where public can express their preferences; • Devote one Arts Commission meeting for the public to express their opinion of the panel's recommendations; • Publicize opportunities for public participation in the entire process to the maximum extent feasible. The City Arts Commission is committed to taking this new public input into consideration in Phases III and IV of the Sculpture Garden, with a specific goal of adding elements that engendered the most public support. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (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. 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). ATTACHMENTS: Attachment A - Council Policy 1-13, Public Art and Cultural Facilities Fund 19-6 ATTACHMENT A I-13 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 and 19-7 I-13 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; 19-8 I-13 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; 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 - March 26, 2013 19-9