Loading...
HomeMy WebLinkAbout2006-06-07 STAFF REPORTS 5E OF PALM SA C9C(FOR�\P* City Council Staff Report DATE: June 7, 2006 New Business SUBJECT: APPEAL FROM VILLAGEFEST BOARD DENIAL OF APPLICATION FROM: David H. Ready, City Manager BY: Department of Parks and Recreation SUMMARY At its April 25 meeting, the VillageFest Board juried Sara Munro, hereinafter "Applicant," as a general vendor applicant and denied her application to sell hula hoops at VillageFest on the bases that the hoops are commercially available and hand-assembled of commercially-available materials, pursuant to Sections I LA.1. and 2. of the VillageFest Rules and Regulations. In a letter dated May 15 to the Director of Parks and Recreation, Applicant is appealing the decision of the VillageFest Board, pursuant to Section VI.A.3. of the VillageFest Rules and Regulations. RECOMMENDATION: 1) Adopt Minute Order No. upholding the decision of the VilllageFest Board to deny the application of Sara Munro to sell hula hoops at VillageFest. OR 1) Adopt Minute Order No. overruling the decision of the VillageFest Board to deny the application of Sara Munro to sell hula hoops at VillageFest. STAFF ANALYSIS: At the April 25 VillageFest Board meeting, Sara Munro made a presentation and sought approval to sell handmade hula hoops at the street fair. According to the applicant, this product is made from 300-foot spools of extruded plastic pipe or tubing. Unlike the standard hula hoop, her hoops are heavier, larger in diameter, and thicker in distance around the tube and they do not bend, break, snap or fall apart. She cuts, forms, and connects the tubing in the shape of a hula hoop and then decorates the hoops with vibrant-colored, glitter or reflective vinyl tape in various patterns and textures. The selling prices for the hoops range from $23 for a "kid's size" hoop to $40 for a glitter, woven-pattern or prismatic hoop. Item No. J . G. DATE: June 7, 2006 SUBJECT: APPEAL FROM VILLAGEFEST BOARD DENIAL OF APPLICATION PAGE: Two At the February 14 VillageFest Board meeting, Applicant was juried to be a performer at VillageFest and was approved to be a hula hoop dancer and hula hoop fire dancer. Since March, Applicant has been performing at VillageFest and would now like to sell the hula hoops she creates. Like many of the musicians who perform at VillageFest and sell their CDs that are commercially made, Applicant feels that she should be allowed to sell her hula hoops since she is a hula hoop performer. At its April 25 meeting, the VillageFest Board juried Applicant as a general vendor applicant and denied her application, by a unanimous vote of 3/0, to sell hula hoops at VillageFest on the bases that the hoops are commercially available and hand- assembled of commercially-available materials, pursuant to Sections II.A.1. and 2. of the VillageFest Rules and Regulations. Pursuant to Section VI.A.3. of the VillageFest Rules and Regulations, "If the application is denied, an appeal may be made to Palm Springs City Council. The appeal must be filed within fifteen days of the date of denial." Applicant first contacted the VillageFest Coordinator regarding the appeal process on April 27,two days after her application was denied. Due to an oversight by the coordinator, the procedure for filing an appeal was not conveyed to the Applicant until May 11 and, therefore, Applicant missed the 15-day filing requirement. FISCAL IMPACT: Finance Director Approval None. Scott Mikesell, Director Trpm�utzlaff, soiarit City Manager Department of Parks and Recreation AdmirNstrativees David H. Ready, City Attachments: Minute Order (2) MINUTE ORDER NO. UPHOLDING THE DECISION OF THE VILLLAGEFEST BOARD TO DENY THE APPLICATION OF SARA MUNRO TO SELL HULA HOOPS AT VILLAGEFEST. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute order, upholding the decision of the VilllageFest Board to deny the application of Sara Munro to sell hula hoops at VillageFest, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7`h day of June, 2006. James Thompson, City Clerk MINUTE ORDER NO. OVERRULINGTHE DECISION OF THE VILLLAGEFEST BOARD TO DENY THE APPLICATION OF SARA MUNRO TO SELL HULA HOOPS AT VILLAGEFEST. I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that this Minute order, overruling the decision of the VilllageFest Board to deny the application of Sara Munro to sell hula hoops at VillageFest, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7ch day of June, 2006. James Thompson, City Clerk Scott Mikesell Director, Department of Parks and Recreation 401 S. Pavilion Way Palm Springs, CA 92262 May 15, 2006 Dear Mr. Mikesell, I'm writing to you and the Palm Springs City Council to appeal the decision made by the VillageFest Board of Directors to deny my application to vend my custom,hand-made hula hoops at the VillageFest. I made my presentation to the board on April 25,and first contacted the coordinator of the VillageFest for procedural information on the appeal process on April 27. The appeal process protocol was passed along tome on May 11. I believe the rules of vending and the protocols applied to street performers who sell their art has not been accurately applied in my case. Background on participation as an entertainer with VillageFest I first appeared before the VillageFest Board to be considered as a performer in February,2006. They unanimously agreed to accept my fire hoop performance. I first performed on March 2. The VillageFest coordinator also invited me to perform as featured entertainment at the VillageFest 151h Anniversary party. During March and April,I entertained hundreds of street fair visitors and received a tremendous response from the crowd. My performances have been a free offer to VillageFest visitors, as well as a draw that positively influences the other merchants in the area. When I'm not performing, I share several of my hand-made hula hoops with the crowd. Obviously,the kids go nuts,but in addition, the adults who have the nerve to pick up the hoop and spin it around their waist get a charge out of it also. It's not unheard of, or even unusual,to walk by my hooping area and see 10 large hula hoops spinning around,or to see a senior citizen giving the hoop a go. The happy hoopers hoop along with the band or musician with whom I'nn sharing the Tahquitz and Palm Canyon intersection. I believe that what I bring to the VillageFest,both as a performer and as a hoop instigator,offer intrinsic value for participants, as well as economic and marketing value for this venue. Not every street fair has a hoop dancer, let alone a fire hoop dancer. When I applied to participate as a performer,I stated that I would also apply to sell my hoops as a vendor. At that time,I was preparing my materials,making inventory and designing a display system in order to complete the vendor application and submit it for the board's review. I was willing to perform then,for one,because I love what I do, and two, because, it's unique,and I believe that it is inspiring for people to see a well executed, creative performance. Like many of the vendors and entertainers,I do not live in Palm Springs, and participating in the VillageFest costs me time as well as money. My goal was and still is,to sell the vehicle of my art— hand-made dance hoops- in order to pay for my time there and make a profit. (As well as running a fire performance business,Flame Fatale,I also teach hoop dance and sell hoops.) 2 Board response to vending application At first the Board response to my hoop vendor application seemed very positive. Then the comment was made that I was approaching them at a bad time, and it was incumbent on them to stick"to the letter of the law." The president of the board read the following from the V illageFest rules of participation: "Seventy five percent of any craft,jewelry, or wearable accessory time offered for sale (except aromatics) must be handcrafted work of the artist selling the wares at the booth." The board determined that my product did not meet this criterion. It was also stated that I am an "assembler." The president also stated that the hoops were"available commercially." Rationale for Appeal I would like to re-examine this criterion from a slightly different perspective in relationship to my particular and unique offer as an entertainer and potential purveyor of custom made hoops at the VillageFest. First,I will address the process of making the hoop and its materials, and second I will address the art form of hooping, and the creative energy that a hooper brings to the hoop. My aim is to show you that the hoop is much more than what it appears to be on first glance,and that as a performer, the hoop is simply the vehicle and extension of my art form, the same way a CD is the extension of a musician's art, and therefore,that hoops are highly appropriate for sale at the V illageFest. In addition,I will also address this issue of"commercial availability." First,I would like to clearly differentiate my hoops from the traditional`hula hoop' of the 1950s available at local big box super stores. The hoops I make are very different from what most people think of as hula hoops. The obvious similarity between the"commercially available hula hoop"and the hoops I make and sell is the shape.But beyond that,no similarities exist. The materials of which they're made,their construction and performance qualities differ substantially. If you were to hold one of my hoops in your hand,you would understand immediately. My hoops are considerably heavier,larger in diameter, and thicker in distance around the tube. They are hand-made from 250—300 foot spools of extruded tubing. Unlike the standard hula hoop,my hoops are super durable. They do not bend, brake, snap or otherwise fall apart. They will last a life time. As a result of the construction differences,they perform radically differently, and therefore are extremely suitable for dancing and doing tricks.Almost anyone can hoop with one of these hoops. They are not simply a backyard toy, but a tool for artistic expression much like a musical instrument. In addition,you can not purchase these hoops in any store I know of in the Palm Springs area. They are available from me, and a few other hoop artists around the country,the way a piece of art or jewelry is available from the artist or a gallery. Background on hoop production,design and testing After researching materials,I identified what I felt was the best material for hoop making.I purchase that material to make the physical product. That material is "commercially available"—I do not extrude the plastic pipe in my backyard- it is also not made for hula hoops. I made a creative decision to use this material and employ it for the purpose of making hoops,the same way a flute player may pick certain reeds rather than others. I impart a uniqueness to each hoop through applying a variety of different tapes of different colors, textures,and widths. The taping requires measuring distances,working with colors,and manipulating tape to create the correct length of spiral around the hoop and to cross other colors in a particular pattern. You could compare it to weaving colored yarns into a tapestry. The process of making and decorating a 3 hoop is definitely more of a craft than an assemblage. More expensive hoops incorporate five colors of tape in extensive weave patterns and are not simply snapped together in a matter of minutes. The more basic and affordable hoops use two colors and are not as complicated. I have spent four years using and testing hoops: seeking the best connection technique, finding durable materials of just the right weight for ultimate performance characteristics. I've evaluated their behavior tinder various spinning speeds, and forces. I've conferred with fire experts and added wicks and watched the shape of the hoop change to an ellipse as it turns around my body due to the added weight of a fuel soaked wicks. I've brought these hoops to festivals and watched five kids in one hoop at a time,pulling in five different directions;they've been run over by cars, squashed and stored under heavy loads for an entire summer. In addition,tape plays a roll in the hoop's performance. Questions I've asked myself are, how do I create a hoop with a little more friction, so it doesn't slide down slippery clothing? How do I add or subtract friction to make it easier to make the]loop accelerate or slow down.I am confident,that for now,the construction choices I have made are the best that they can be, similar to musician's fine tuning a musical instrument for performance. The sum total of the hoop is much more than meets the eye.They are more than a tubular circle of plastic with taped on it that the Directors of the Board viewed from across the table and determined to include less than 75% of my personal effort,work and creativity. The Hoop as a Vehicle for Artistic Expression The hoop comes alive when you add a critical element—the hooper. Hoop dancing is a new art form. As a hoop dancer, I have performed at weddings, birthdays parties, art and music festivals,renaissance faires, special events, and Fundraisers. I design and hand-make my dance hoops to suit my dancing style and needs. The hoop is my vehicle. The hoop is to me, the dancer, as the guitar or key board is to the instrumentalist who plays it, as the voice is to the singer. What I am offering is a vehicle for artistic expression, not a prefabricated toy or fitness tool. In addition, in my performances, I offer an example of what can be done with the hoop that most people have never seen. People are inspired to try it. The sum total of creative energy in a hoop increases exponentially when the hooper picks it up and goes to work. Only then is the hoop complete. When a person stands in its center and starts to feel it turning rhythmically around their core,they discover its magic. Suddenly things start to happen.Centripetal force, inertia, and gravity act on the hoop as it responds to the movement of the dancer, and a myriad of circular pattenis begin to emerge. Once someone has obtained a hoop,they will choose how to use it. The hoop offers a world of opportunity to that person who brings it home. It's a physically interactive object—it provides an experience felt in the body. It's a vehicle fpr individual creativity and so, it becomes part of a living creative process happening at the moment the hooper and the hoop come together. What else is art but the moment this all comes together and is manifested in something tangible? The performer of the hoop dance is to a hoop,as musician is to a CD Hoops fall into the same category as a musician's CD. How does the Board determine the percentage of hand made elements in a manufactured and assembled CD? Without imagination,that product is zero percent hand crafted. The CD and case are commercially available through a bulk product catalog, are most likely made in China and the musician used 100 percent manufactured drum kits,key boards, electric guitars, amplifiers,editing equipment and mixers to create and record the music. Yet musicians have been selling their CDs at VillageFest for years, and by using a little imagination, one can see that the music on the CD is the artist's creation, and the CD is the vehicle by which the listener experiences the artist's music when they go home. 4 Similarly,the dance of the hoop is my creation,and the hoop the vehicle by which I create. And the offer I would like to make at the VillageFest,is that shoppers can bring a hoop home and have their own unique creative experience. I am unaware of a similar offer being made at the VillageFest. Certainly people can ascend the climbing wall,but they can't bring it home with them. I-Ioops are fun. People love them. They smile when they hoop. I would like the opportunity to let more people smile, to let people experience the satisfying success of working the hoop around their core. I've seen it many times, People say,"I can't.I couldn't."I say, "I think you probably can.You'll be surprised."After we got through that routine a couple of times,they finally give it a whirl, and when they are off and running, a mixture of joy and astonishment crosses their face. And they have experienced a small and simple, but significant and powerful,event. Hoops are a draw. People have yet another reason to go to the street fair, move their bodies to the music and walk away remembering the great time they had at the VillageFest in Palm Springs. And,they do not directly compete with anyone other vendor. In closing, like the musicians at the street fair,I am a performer and artist who entertains VillageFest attendees and wants to participate in the economic exchange with a viable product that meets the criteria of the VillageFest rules and regulations. When you look at the hoop, please look with imagination at the effort,energy and opportunity for creativity and fun that it represents,that is in fact there,waiting to be realized by the lucky person who picks it up. I appreciate your consideration of my case. Thank you for your time. le'ere y, Sa Munro cc Jasmine Waits, VillageFest Coordinator HOOP FIRE DANCER "A TRULY UNIQUE ENTERTAINER" 1 DAZZLE YOUR GUESTS WITH TRULY UNIQUE ENTERTAINMENT. I Hoop dancer Sara Munro Invigorates gatherings with dynamic fire performances. Set to urban grooves, exotic world rhythms and primitive tribal beats, Sara's sparhling fire spinning sets the tone for unforgettable events. i Special events, corporate meetings. sales trainings, birthday parties, weddings, festivals, celebrations, art openings, product launches. Schedule by appointment at 760-366-7338 www.flamefatale,net Photography by Megan Jeremica