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HomeMy WebLinkAbout2/20/2008 - STAFF REPORTS - 3.B. ofpALMS,, �2 U N c '9LfFO RN, CITY COUNCIL STAFF REPORT DATE: February 20, 2008 LEGISLATIVE SUBJECT: AMENDMENT OF SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES. From: David H. Ready, City Manager By: Community and Economic Development SUMMARY The action would amend the Palm Springs Municipal Code, Subsection (c) and (d) of Section 3.37,040, relating to the Public Arts Fund permissible expenditures. The amendment will affirm the City's authority and intent to use the Public Arts Fund for contributions to art museums which include a benefit for city residents; and to reaffirm expenditures for maintenance of artwork purchased or acquired with revenues from the fund. RECOMMENDATION: 1. Waive reading of the ordinance text and introduce by title only; and 2. INTRODUCE ON FIRST READING ORDINANCE NO. _ "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND". STAFF ANALYSIS: Provisions of the Palm Springs Municipal Code Section 3.37.040 subsections (c) and (d) are silent on the issue of Public Arts Fund financial contributions to art museums. In the current fiscal year budget, the City Council appropriated $70,000 for a contribution to the Palm Springs Art Museum with an understanding that such expenditure would require a subsequent ordinance modification. Hence, the City Attorney has offered an approach that would make clear that the Public Arts Fund may be used for art museum contributions in addition to reaffirming the provision for maintenance of artwork that has Clty Council Staff Report Page 2, Amendment to the Palm Springs Municipal Cede,Subsection(c)and(d) February 20,2008 Of Section 3.37.040 relating to the Public.Arts Fund been acquired. This action would have the City Council find that it is the intent of the City that the Public Arts Fund may be used for donations to an art museum with the approval of City Council. Additionally, donations will be required to include a benefit to the citizens of the City by the museum or institution receiving the donation. Such benefit might manifest as free admission for residents on specified days or other agreed upon value. The Ordinance modifications were submitted to the Public Arts Commission for consideration and recommendation to the City Council, At their meeting of February 14, 2008, the Commission made and voted an four motions regarding the proposed Ordinance modifications. The first motion made by Commissioner Ciali, seconded by Commissioner Stone, proposed an Ad Hoc Subcommittee to work with the Palm Springs Art Museum, the City, and the Commission to provide Museum funding. That motion failed 2 to 3 with Commissioners' Moore, Stone, and Paquin opposing. The second motion made by Commissioner Stone, seconded by Commissioner Moore, called for the Commission to defer "any re-write" of the Ordinance until the Fair Political Practices Commission completes its investigation of a potential conflict of interest regarding the funding of the Julius Shulman Exhibition. This motion was passed 3 to 2 with Commissioners' Stone, Moore, and Ciali supporting, and Commissioners' Kennedy and Paquin opposing. The adoption of this motion by the Commission has the practical effect of also deferring any recommendations by the Commission to the City Council regarding the Ordinance. The third motion was a motion by Commissioner Ciali, seconded by Commissioner Stone, to form an Ad Hoc Subcommittee of the Commission to liaison with the Palm Springs Art Museum to find ways to help fund the Museum. This motion was adopted 5 to 0. The fourth motion was made by Commissioner Ciali, seconded by Commissioner Stone, and designated the new Ad Hoc Subcommittee members as Commissioners' Ciali, Kennedy, and Moore. This motion was adopted 5 to 0. Attached is a copy of the Commission's meeting minutes. While none of these actions by the Commission regarding the proposed Ordinance specifically approved or denied the proposed changes, it is staffs continuing recommendation to proceed with the introduction and adoption of the Ordinance as requested by the City Council during the 07/08 budget discussions and recommended by the City Attorney. Moreover, any future monetary donations made as a result of this ordinance modification will be solely a function of the City Council budget appropriation process. City Council Staff Report Page 3 Amendment to the Palm Springs Municipal Code,Subsection(c)and(d) February 20,2008 Of Section 3-37-040 relating to the Pubhc AYts Fund FISCAL IMPACT: There will be no additional fiscal impact to the Arts Fund as the current fiscal year budget includes a $70,000 appropriation for a donation to the Palm Springs Art Museum - any future funding will require Council legislative action- Attached is a five year revenue history of the Public Arts Fund. Jennifer e ninPublic s John a o d, Director of Community and Special Projects Co dinator con c Development David H. Ready, City ger Thomas J- Wil , Assistant City Manager Attachment: 1. Ordinance 2. Arts Commission Meeting Summary Minutes 3. Five year Public Arts Fund revenue history ORDINANCE NO. (02.10.2008) AN ORDINANCE OF CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (c) AND (d) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC ARTS FUND PERMISSIBLE EXPENDITURES City Attorne 's Summary This Palm Springs Municipal Code contains an ambiguity regarding the City's authority to use the Public Arts Fund for contributions to local art museums and maintain artwork purchased or acquired with revenues from the fund. This Ordinance amends this Palm Springs Municipal Code to make clear that the Public Arts Fund may be used for contributions to local art museums which include a benefit for Palm Springs residents and rearms that expenditures for maintenance of artwork purchased through the fund is permissible.. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: Section 1. Subsection (c) of Section 3.37.040 of the Palm Springs Municipal Code is amended to read: (c) Use of Fund. The funds shall be used solely for the permanent or temporary acquisition, installation, improvement, display, maintenance, and insurance of artwork to be displayed in the city and the administration of the public arts program. Section 2. Subsection (d) of Section 3.37.040 of the Palm Springs Municipal Code is amended to read: (d) Permissible Expenditures. (1) The cost of artwork and its installation and maintenance; (2) The cost of purchase or lease of art sites; (3) Contributions to local art museums subject to a negotiated benefit for Palm Springs residents as determined by the City; (4) Waterworks, landscaping, lighting, signage, and other objects which are commissioned from an artist as an integral aspect of a structure or site or which are necessary for the proper aesthetic presentation and structural placement of artwork; (5) Frames, mats, pedestals, and other objects which are necessary for the proper presentation of the artwork; (6) Expenditures for maintenance and repair of artworks; 1 Ordinance No. Page 2 (7) Administrative expenses, including legal, to otherwise implement, uphold, or carry out any provision of this Chapter, Section 3. The current provisions of the Palm Springs Municipal Code are silent on the issue of whether donations to local art museums are a permissible or impermissible expenditure of monies in the City's Public Arts Fund_ The City Council finds that it has been and is the intent of the City Council that the Public Arts Fund can be used for contributions to local art museums where there is a defined or negotiated benefit for Palm Springs residents and that this Ordinance is declaratory of existing law. The City Council ratifies and approves any past expenditure that may have been made from the Public Arks Fund for any contribution to a local art museum. Section 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS DAY OF 2008. STEVE POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK APPROVED AS TO FORM DOUGLAS HOLLAND, CITY ATTORNEY Ordinance No. Page 3 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on and adopted at a regular meeting of the City Council held on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California MINUTES PALM SPRINGS PUBLIC ARTS COMMISSION Regular Meeting Thursday, February 14, 2008, 2:00 p.m. Palm Springs City Hall, Large Conference Room 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 CALL TO ORDER The Regular meeting of the City of Palm Springs Public Arts Commission was called to order at 2:08 p.m.by Chair Stern ROLL CALL Present Present FY 2007/2008 FY 2007/2008 This Meeting To Date Excused Absences Unexcused Absences William Butler,Vice Chair 7 2 Charles Ciali x 7 2 James Kennedy x 8 1 Sherry Moore x 1 Susan Jo Paquin x 8 1 Michael Stern, Chair x 8 1 Robert Stone x 8 1 STAFF PRESENT John S. Raymond, Director Community&Economic Development Jennifer Henning, Public Arts Coordinator MOTION: [Paquin/Stone] Nominate Commissioner Ciali as Temporary Chair due to absence of Chair Stern and Vice Chair Butler CARRIED: 510 ACCEPTANCE OF AGENDA MOTION: [Stone/Kennedy] Accept February 14, 2008 Agenda CARRIED: 510 PUBLIC COMMENTS There were no Public Comments. APPROVAL OF MINUTES MOTION: [Stone/Paquin] to approve Regular Meeting Minutes—January 10, 2008 CARRIED: 4/0 (Commissioner Moore not yet on commission) MOTION: [Kennedy/Paquin]to approve Special Meeting Minutes—January 4, 2008 CARRIED. 4/0 (Commissioner Moore not yet on commission) Minutes of December 13, 2007 to be approved at March 13 meeting, pending a quorum. Palm Springs Public Arts Commission J i Regular Meeting Minutes G Pobruanj 14,2t1OII Pege 2 Commissioner Ciali welcomed new Commissioner Sherry Moore to the commission,Commissioner Moore spoke briefly about future possibilities A. PRESENTATIONS 1. None B. UNFINISHED BUSINESS 2. Public Art Ordinance—Discuss Change John S. Raymond, Director Community& Economic Development Commission discussed and/or Commented on. Great idea to include art exhibits and displays as a general function of the Commission. Other CitleS use this model and it can be a great benefit for the community. Questions regarding the number of local art museums, how the ordinance defines local and are the museums for profit or non-profit? How is the public enhanced by monies from the public art fund going to a museum or museums?Why is ordinance becoming retroactive? At the June 2006 City Council meeting a item budget was approved for a$70,000 grant to the museum to fund the Julius Shulman exhibition, The existing public arts ordinance as written did not allow for that. Would like to give support to the museum with funding. Asa commission we need to take this discussion further, is this something that requires a study session. Questions regarding how the public will benefit from public art fund monies supporting this exhibition. Director of Community and Economic Development - The new language in the ordinance has been streamlined. City is not funding the Julius Shulman Exhibit, but rather making a contribution to the museum for a variety of programs. Discussed if it is the intent of the City Council that the public artfund can be used for contributions to local art museums. City has been working on the ordinance since last fall with the city attorney. General concern of the commission Is the amount of money being given to the museum. Is there enough money coming Into the public art fund to support this type of contribution?Can this ordinance change be delayed? MOTION. [CialilStone] Form an ad-hoc subcommittee to work with the Palm Springs Art Museum to find ways for the City and the Commission to help provide funding FAILED: 213 (Moore/Stone/Paquin opposed) Commission agreed to make a recommendation to council to strike the proposed language that states: "The City Council ratifies and approves any past expenditures that may have been made from the public arts fund for any contribution to a local art museum" Palm Svriqgs Puhlic Arts Comnnissien � Rcgufl ar Meetinq Minutes cehruary 14,2008 �S.%/ Page 3 / I MOTION: [Stone/Moore] Defer any re-write of the public arts ordinance until such time as the Fair Political Practices Commission has completed the investigation of a potential conflict of interest regarding the funding of the Julius Shulman exhibition CARRIED: 3/2 (Kennedy/Paquin opposed) MOTION: [Ciali/Stone] Form an ad-hoc subcommittee to be a liaison between the Public Arts Commission and the Palm Springs Art Museum to discuss and find ways to help fund the Museum. CARRIED: 5/0 MOTION: [Ciali/Stone] Ad-hoc subcommittee will consist of Commissioners Ciali, Kennedy and Moore. CARRIED: 5/0 3. Commissioners Two (2) Sites Each for Possible Public Art Installation. No Action Taken—Photographs of sites attached. C. NEW BUSINESS 4. Acquisition of Red Echo from Lennar- Konstantine Dimopoulos, Artist Commission Discussed and/or Commented on: Proposal attached; Lennar project currently on hold; City and developer currently in Reimbursement Agreement; artwork had been purchased by developer and artist compensated for half of$118,000 fee; City has option of paying additional half of fee and owning piece out right; Lennar would not be compensated for their half of fee that has been paid; Mr. Dimopoulos is a significant artist; piece is significant; Lennar has agreed to City purchasing piece; City would enter into an agreementwith the Artist;sculpture currently in Melbourne,Australia;there will be additional costs,i e ,electrical upon installation;installation site needsto be decided;possible purchase by different developer; preparation of budget for installation/maintenance. D, SUBCOMMITTEE REPORTS 5. None COMMISSIONER COMMENTS/REPORTSIREQUESTS Stone—spoke regarding FICA taxes; social security trust funds; congress passing motions in the 40s to take monies from the trust funds, that is what governments do. Reason for this synopsis is to protect the public art fund due to the change in the Public Art Ordinance. Proposed rewrite seems to give Council a blank check to raid the public art fund or do things not permitted by the ordinance, i.e., Julius Shulman Exhibit. These funds need to be spent on large scale installations. Open to temporary installations and donating funds to museum. Has reviewed various cities art ordinances. Paquin —When Clement pieces are de-installed will be desolate at those sites; will miss the pieces; tapping into other City funds to go to public art, possibly part of the energy bill. Need major installation of art in the City. Kennedy—would like to have some control as to how funds are spent. Palm Springs Public ArL. COmem55ion ��•%/ Regular Meeting Minutes ?ebruane 14, 200b Page 4 Gya Ciali — Written statement to be turned into staff, concurs with commissioner Paquin. Would like on Agenda an item to discuss budget for Arts Coordinator to attend Arts in America Conference. Staff: request is in to attend conference, has not heard back on request; did attend last year. Moore— impressed by level of passion of commission; has Masters degree in public art is very big on education;controversy in public square promotes dialogue; loves the fountain when it works, need to take care of it; great that the public is getting involved; a bridge back to the artist. Suggested that commissioners attend Americans forthe Arts Conference in Philadelphia,June 6-10;spoke regarding the conference. REPORTS OF STAFF Jungle Red was installed on January 18 — staff currently working with landscape designer; after revisions are made staff will forward to commissioners. — Maintenance has been completed on eight pieces. — 30 day notice has been received from Busch[an Mowatt to remove two(2)John Clement sculptures. Letter attached. Recommendation to purchase Squeeze will be on February 20 Council Agenda. NEXT MEETING DATE Thursday, March 13, 2008, Palm Springs City Hall, Large Conference Room, 2:00 p.m. ADJOURNMENT MOTION: [Paquin/Kennedy] 2djournmentat4:12p.m, CARRIED: 5/0 Respectfully submitted, �; Jenni er Henni g Public Arts& Special Projects Coordinator t*vepment Program Assistant Public Arts Fund The Arts Fund balance as of 2/18/08 is $651,459. The current year appropriation for acquisition/maintenance has an approximate unencumbered balance of$154,800; and an additional $70,000 appropriated by Council action in the "special events" line item. Fund revenue for the last five years; Fiscal Year 07-08 (to date) $312,254 06-07 458,473 05-06 471,804 04-06 926,718 03-04 602,894 02-03 279,019 Source: Finance Department 3-B. PROPOSED ORDINANCE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND: RECOMMENDATION: 1) Waive reading of the ordinance text and introduce by title only; and 2) Introduce on first reading Ordinance No. "AN ORDINANCE OF THE PALM SPRINGS, CALIFORNIA, AMENDING SUBSECTIONS (C) AND (D) OF SECTION 3.37.040 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO PERMISSIBLE EXPENDITURES OF THE PUBLIC ARTS FUND." MATERIALS TO BE PROVIDED Item No. 3 . B .