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CAC - ACTION ITEM: 1) Discuss Potential Revisions to Culver City Municipal Code Section 15.06.100 et seq. Relating to the Art in Public Places Program Allocations; and, 2) Provide Recommendations to the City Council As Desired
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Meeting Date: August 20, 2024
Contact Person/Dept: Sally Unsworth / City Manager - Economic and Cultural Development
Phone Number: (310) 253-6003
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification: (E-Mail) Meetings and Agendas - Cultural Affairs Commission (08/15/24)
Department Approval: Jesse Mays, Assistant City Manager (08/15/24)
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RECOMMENDATION
Staff recommends that the Cultural Affairs Commission (CAC) 1) discuss potential revisions to Culver City Municipal Code Section 15.06.100 et seq. relating to the Art in Public Places Program allocations; and, 2) provide recommendations to the City Council as desired.
BACKGROUND & DISCUSSION
Sections 15.06.100 - 15.06.180 of the Culver City Municipal Code (CCMC) outline the requirements of the City’s Art in Public Places Program (APPP). The current APPP guidelines include Ordinance 2013-003 adopted by the City Council on March 26, 2013. Fees collected under the APPP are deposited into the Cultural Trust Fund (CTF) and allocations are currently limited in specific categories by percentage of total fees deposited in the prior fiscal year (1% of total building permit valuation for a development project). Updating the CCMC subchapter pertaining to the Art in Public Places Program is included in the FY 2024-2025 adopted work plan. The previous CAC Public Art Subcommittee (Chair Brenda Williams and Commissioner Ehsaan Mesghali) and the Performing Arts Grant Program Subcommittee (Commissioner Tania Fleischer and Former Commissioner Jeannine Wisnosky Stehlin) met several times to craft revised language for relevant sections.
At its Regular Meeting on December 19, 2023, the Cultural Affairs Commission reviewed and discussed a lengthy list of proposed revisions and updates to the text and procedures, including administrative and programmatic changes. The Staff Report from that meeting (File #24-560) is included as Attachment No. 1. The CAC expressed a desire to modify the APPP guidelines to ensure that CTF allocations would be used to provide cultural programs that meet current community needs and are economically sustainable. Staff from Cultural Affairs and City Attorney’s Office discussed the allocation limitations with CAC, including Culver City’s historical use of CTF funds, prior amendments to the APPP ordinance, ways that other cities administer similar programs, and ongoing evaluation of permissible options for CTF allocations. The CAC expressed a desire to continue discussing the updates to the CCMC related to the potential revisions to CTF allocations.
At the March 19, 2024 CAC meeting, the CAC discussed potential revisions to the Culver City Municipal Code Section 15.06.100 Et Seq. relating to the Art in Public Places Program Allocations. The CAC requested staff return with additional research on how other cities fund performing arts.
Staff researched funding available for the performing arts in Los Angeles County and twelve (12) California cities: City of Los Angeles, West Hollywood, Pasadena, Santa Monica, Alhambra, El Segundo, Glendale, Monrovia, Santa Fe Springs, South Gate, West Covina, and Westlake Village. Each jurisdiction funds performing arts differently.
Los Angeles County - Unincorporated Areas
Los Angeles County adopted Public Art in Private Development Ordinance in 2021. Their ordinance does not have a mandate to go toward any one type of art. As a new program, the fund’s “in-lieu of” fees have been collected, but no funds have been spent. The program is managed by the Department of Arts & Culture and is planning to focus on group sessions with artists and community groups to determine how the fund balance is used. It is anticipated that these sessions will focus on building programming, and an open process for selecting the service providers who will oversee and produce that programming. It is not anticipated that the programming will be determined by a specific arts discipline (visual vs. performing), but rather via a community input process that best meets community interests and needs for programming.
Los Angeles County provides developers with an option to support performing arts programming directly, if they are opting to contribute to a selected organization rather paying the “in-lieu of” fee. The County provides the developer with a list of nonprofit organizations located within a five (5) mile radius of the proposed development. The developer selects a nonprofit from the list, and the County assists with an appropriate connection and a plan for ways that the developer will support that nonprofit. The developer pays their applicable fees directly to the nonprofit once the plan is developed. The County does not take a role in recommending one nonprofit over another.
Of the options available to developers, approximately half pay the “in-lieu of” fee. The other half are evenly split; approximately 50% pay for installation of artwork on-site and 50% pay for a programmatic partnership with an area nonprofit (as described above). There is another option for developers to pay for the conservation of artwork within a five (5) mile radius of the development. As of now, this option has not been utilized. There is also an option for contributing to an arts facility and the County noted one example where a developer applied their fee to the upgrade of a gallery that is municipally owned and operated.
LA County has a granting program funded through their general fund which is a separate program and division that supports nonprofits. They also have a youth arts education program that is a third, separate division that works with community partners who serve as the providers for the program. This program has a separate fundraising mechanism and does not crossover with Cultural Affairs or the public art fund.
City of Los Angeles
The City of Los Angeles collects arts fees from developers through their Arts Development Fee. They do not have language regarding a funding percentage for performing arts in their municipal code. Of note is the below section of their code which stipulates how funding can be spent:
“Any arts fee collected by the Department of Building and Safety shall be deposited in the Arts Development Fee Trust Fund. Any fee paid into this fund may be used only for the purpose of providing cultural and artistic facilities, services and community amenities which will be available to the development project and its future employees. Any cultural and artistic facilities, services and community amenities provided shall comply with the principles and standards set forth in the Cultural Master Plan when adopted.
At or about the time of collection of any fee imposed by this section, the Cultural Affairs Department shall identify the use to which the arts fee is to be put, and if the use is financing public facilities, the facilities shall be identified.”
West Hollywood
West Hollywood has a Cultural Affairs budget of approximately $2.5 million. They employ eight (8) staff, including six full-time employees: a manager, public art specialist, arts grants specialist, general arts/literary specialist, music/theater specialist, an administrator, and two part-time support staff including 1-2 intern positions per year.
West Hollywood has a performing arts grant program with a budget of $220,000 that is drawn entirely from the general fund. Additionally, their Urban Art Ordinance applies to most new development in the city (private and city-initiated). Their ordinance was revised in 2021 after a multi-year process (previous version was from 2001). Owners can choose to pursue an on-site artwork to fulfill the ordinance or pay an in-lieu fee. The amount for the art budget/in-lieu fee is 1% of the project value (not hard costs). The in-lieu fees go to a Public Art and Beautification Fund which supports all artworks in commercial thoroughfares through the Art on the Outside Program (AOTO). AOTO supports temporary art projects with a budget of about $100k a year. The program is about a 60/40 mix of installation/performance art. This translates to about 8-12 installations/performances per year.
West Hollywood receives about three times more requests for funding than can be funded per year (in-general across the various programs managed by the Arts Division).
Santa Monica
Santa Monica Cultural Affairs oversees three facilities including the Miles Playhouse, Camera Obscura, and the Annenberg Community Beach House. Annenberg is staffed by a combination of Recreation and Cultural Affairs staff. There are four (4) full-time Cultural Affairs staff and other part-time staff hired as needed at this location.
Santa Monica has both public and private developer fees (between 1-2%). A portion of the fees can go into maintenance and repair. Public developers can pay into an in-lieu fund or support other public facility improvements.
Santa Monica is considering adding a new Cultural Affairs initiative to oversee public monuments and upkeep and conservation of their monuments.
Santa Monica receives general fund support for its grant programs. These include an Organizational Support Program (OSP) that gives grants to approximately 27 local organizations, a program to attract Latino audiences, various transportation grants, an artist residency program (13-14 weeks for individual artists), and an artist fellowship program.
The Santa Monica Art of Recovery Program has recently grown; it is a grant that promotes economic development. The program seeks to build partnerships with individual businesses, to fund and promote creative projects including performing arts experiences. It was initially envisioned to be like a WPA program. The budget for this program is $350,000 with $250,000 coming from the general fund, and $100,000 from the public art fund. The Santa Monica Planning and Development department is a key partner in this program, which is seen as an economic development initiative, that includes various at-will agreements with cultural producing partners. These producing partners allow for more nimble planning so that artists can be paid directly by the producing partner - allowing events to be planned and executed quickly.
Santa Monica has a separate 501(c)(3) arts foundation that isn’t currently active. They are working on restructuring the foundation. Santa Monica’s Poet Laureate program is overseen by their library.
During the pandemic, over 400 City staff were laid off in Santa Monica which included reducing the Cultural Affairs department to four (4) full-time employees. They have since doubled that, and currently have seven (7) full-time staff members, including a grants manager, public art manager, and other support staff. When staff was laid off, Santa Monica stopped producing events and performances internally. Staff reported that the layoffs helped them to clarify their role as a cultural resource as opposed to a producing agent. This helped allay the worries of other local cultural organizations, who felt they were in competition with the City for audiences and funding.
Santa Monica Cultural Affairs has a yearly budget of approximately $2 million which comes from a combination of their cultural trust and general fund allocations. Their cultural trust is supported entirely by developer fees. Currently, the only new development happening in Santa Monica is for affordable housing, which is exempt from cultural trust fees. Their Transient Occupancy Tax (TOT) goes toward their general fund. Santa Monica is pursuing a merchandise account that will allow them to sell products as a possible revenue source.
Pasadena
Pasadena’s Public Art Fund is governed in their zoning code ordinance rather than their municipal code. Performing arts programming is supported through an annual grant program, that is funded through a combination of general fund and the cultural trust. The current awards breakdown is $134,000 from the cultural trust and $54,455 from the general fund.
El Segundo
El Segundo has not yet established a formal performing arts program, but they do fund programming through their art fund. There is no percentage noted in their municipal code. As a new program with a new art fund ordinance, the spending on performing arts was between $25,000 - $35,000 in its first year of operation.
Glendale
The City of Glendale, and its Arts and Culture Commission, support performing arts through two (2) musical series, for a total of $90,000 annually. The Brand Summer Music Series occurs in late summer and includes eight (8) concerts at the Brand Library and Art Center. The series began in 2014, and the concerts are supported by the Glendale Arts and Culture Commission through funding from the Urban Art Program with support from the Glendale Library, Arts & Culture, Glendale Community Services and Parks, and the Brand Associates. Additionally, the Jewel City Concert Series occurs in late fall and includes five (5) concerts, presented in partnership with Downtown Arts & Entertainment District. The program began in 2017, and concerts are sponsored by the Glendale Arts and Culture Commission through funding from the Urban Art Program and with support from the Glendale Library, Arts & Culture.
Alhambra
Alhambra’s municipal code includes a stipulation for performing arts as an option for how the City Art Fund may be allocated. There is no percentage noted for performing arts specifically. The municipal code notes that all performances must occur in a city facility, or location owned or controlled by the City Redevelopment Agency.
Monrovia
Monrovia does not have a formal Cultural Affairs position or division noted on their website. Monrovia’s Art in Public Places fund is maintained by the Director of Finance and can be utilized to install artwork on city property, offer a performing arts program on city property, or offer art education programming on city property. There is also an option for fees to be paid into their Library Improvement Fund.
Santa Fe Springs
Santa Fe Springs does not have a formal Cultural Affairs position or division noted on their website. Their Heritage Artwork in the Public Places fund is triggered when a development project is equal to or exceeds $2 million. There is no performing arts spending allocation noted. Their municipal code suggests that in-lieu of fees may include supporting youth education programs and events, which could suggest some funding supports performing arts programming of this nature.
South Gate
South Gates does not have a formal Cultural Affairs position or division noted on their website. Their City Art Fund is maintained by their Director of Finance. The municipal code states “An expenditure for the city art fund may be made for the performing arts: provided that the city council, in its sole discretion, approved the expenditure and further provided the performance occurs at the location in the City of South Gate, or owned or controlled by the city of the South Gate redevelopment agency.”
West Covina
West Covina does not have a formal Cultural Affairs position or division noted on their website. While their municipal code does mention and define performing arts, there is no clear language suggesting that their art in public places program directly contributes to performing arts funding, outside of the option for funds to go toward “art education programs and events.”
Westlake Village
Westlake Village does not have a formal Cultural Affairs position or division noted on their website. Their art in public places fund is maintained by the Finance Officer/City Treasurer and can be utilized by “offering of performing arts or art education programs on City property for the community; provided, however, that not more than five (5) percent of the fund’s annual budget shall be used for this purpose.”
Staff Recommendations
Currently, the City of Culver City supports the performing arts in many ways including, but not limited to, a robust performing arts grant program that awarded thirty (30) grants to music, theatre, and dance organizations in 2024; a popular summer concert series; Fiesta La Ballona; an upcoming jazz series; and other initiatives currently in planning stages. City-supported arts and cultural activities are funded in multiple ways, including the CTF (such as the Performing Arts Grant Program), the City’s General Fund (such as music at Fiesta La Ballona, the Summer Concert Series, and upcoming Jazz Series), and grants (such as support for the Summer Concert Series provided by the Culver City Arts Foundation).
Staff recommends using the upcoming Community Arts Equity Plan, intended for developing a long-range strategy supporting the Cultural Affairs Division’s work plan, as an opportunity to survey the Culver City community about its arts and cultural needs and its priorities. This will provide community feedback and generate important data to help determine the appropriate use of the Division budget and how it is allocated for visual and performing arts endeavors. Long-range planning will help the Cultural Affairs Division, and the Cultural Affairs Commission, to prioritize various programs and how they should be supported. Across Los Angeles, funding for municipal arts programming comes from a variety of sources including various public art trusts, general fund support, and outside funders where appropriate. The mix of funding is an essential part of ensuring that programs are not overly dependent on one source. The Community Arts Equity Plan will include recommendations for funding levels and funding sources to support the long-range strategy.
For those cities (including LA County) that employ full-time Cultural Affairs staff, most support the performing arts by leveraging grant programs or partnerships wherein outside nonprofits, agencies or contractors act as service providers for City-supported programming (as opposed to Cultural Affairs staff created and managed programming). As a Division, Culver City Cultural Affairs is currently three (3) full-time staff members. The current work plan and job duties assigned to staff would need to be altered to account for an increase in internal performing arts programmatic initiatives including careful attention to the budget implications of any new programming. Our long-range planning can, and should, consider our current capacity, the needs of the community, and ways in which Culver City can leverage partnerships and service agreements with arts providers to ensure that the cultural interests and needs of the public are met.
Given the urgency of bringing the current CCMC subchapter pertaining to the Art in Public Places Program up to date, and to reflect changes to standard arts language and best practices, Staff recommends proceeding with the previously proposed ordinance updates as outlined in the December 19, 2023 Staff report. Staff recommends that future changes to the Municipal Code, including possible changes to artistic disciplines and funding allocations, should be considered after the Community Arts Equity Plan process has been completed and with a full understanding of budget implications and all potential funding sources.
FISCAL ANALYSIS
Other than staff time, there is currently no fiscal impact associated with this agenda item.
ATTACHMENTS
1. 24-08-20_ATT No. 1_CAC_Staff Report from December 19, 2023 Meeting
2. 24-08-20_ATT No. 2_CAC_Ordinance No. 2013-003 with changes accepted
3. 24-08-20_ATT No. 3_CAC_Ordinance No. 2013-003 with tracked changes
MOTION
That the Cultural Affairs Commission:
Discuss and provide recommendations to the City Council on updates to the CCMC, as desired.