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APPMIN 05 29 1996SPECIAL MEETING OF THE ART IN PUBLIC PLACES COMMISSION NORTH CONFERENCE ROOM MAY 29, 1996 11:00 A.M. This special meeting of the Art in Public Places Commission was called to order by Chairman Walling at 10:15 p.m. who asked for the roll call. ROLL CALL: Present: Commissioners Johna Davis, Michelle Klein, Elaine Reynollds, Rosita Shamis. Absent: Commissioners Judi Cothrun and Sharon Kennedy. It was moved and seconded by Commissioners Klein/Shamis to excuse Commissioners Cothrun and Kennedy. Unanimously approved. Staff: Community Development Director Jerry Herman, City Attorney Dawn Honeywell, and Executive Secretary Betty Sawyer. PUBLIC COMMENT: Commissioner Reynolds stated she had spoken with artist Snake Jagger who expressed his apology for not appearing personally, but did want to inform the Commission he would like to participate in a temporary art program if the City were to have one. CONSENT CALENDAR: A. Financial Statement -Staff informed the Commission that the $70,000 appropriated for the Rancho La Quinta project was not reflected in the Statement. Commissioner Kle~iri asked if the art piece at the corner of Highway 111 and Washington Street by artist Louis DeMartino was reflected in the Statement. Staff stated yes, as approved by Council. There being no further questions or changes, it was moved and seconded by Commissioner Klein/Davis to accept the Financial Statement as submitted. BUSINESS ITEMS: A. Temporary Art Prog urun: Chairman Walling stated that one of the reasons for 1:his special meeting was to have a discussion with City Attorney Dawn Honeywell regarding potential problems with a Temporary Art Program. City Attorney Dawn Honeywell stated there was no "legal prohibition" against having a Temporary Art Program. Her concern was the extra exposure that falls on the City by having a program. There were two different issues of primary concern: creating a public forum by providing a space where people are allowed to display their art. Once you establish such a program, it is hard to regulate what is displayed because regulating the artwork could interfere with an artist's right to free speech. APPS-29 Art in Public Places May 29, 1996 2. Chairman Walling asked what in the program triggers the public forum. City Attorney Dawn Honeywell stated the forum was created when you provide a space in the public that is for display of public art. Chairman Walling asked wlhy the City did not have the right to control what was displayed. City Attorney Dawn Honeywell stated that art was an expression of speech and the City cannot prevent someone from speaking once the door is open. If an individual decides to challenge the City, they will argue that the City has denied him a public forum. Chairman Walling asked how museums that are run by cities are able to have such. programs. City Attorney Dawn Honeywell stated that potentially they do have the problem, but they usually have a set of criteria in plane to determine what will be allowed to be displayed. 3. City Attorney Dawn Honeywell stated the second issue she was concerned with was discrimination. In the process of deciding who would be allowed to display, problems occur. Contractual problems that cause the public to say that as a public entity the City did not conduct the process correctly. If someone wants to challenge the program it would be in one, or both, of these issues. Chairman Walling asked if there was a way to minimize the two problem areas. City Attorney Dawn Honeywell stated the best way was to allow the temporary art and minimize the problems. She would want to insulate the City from making the decision of what artwork would be allowed. Some type of leasing procedure where by the City leases an art piece for a temporary purpose. Space is made available for 1:he leasing program. The advantage with leasing is that it eliminates the restrictions, because no public forum is being created. 4. City Attorney Dawn Honeywell asked if people would be allowed to display their artwork for sale. Commissioner Shamir stated that by not being involved in the sale of the artwork, the City would not create a market for the artists to sell their product thereby eliminating a problem for the City. City Attorney Dawn Honeywell stated it lessens the risk where by the City could be challenged if the artist is n.ot allowed to "advertise" the artwork while it is on lease to the City. A program could also be put into place whereby a percentage of the sale price would be paid back into the APP fund if piece were sold while on display. 5. Chairman Walling asked if it would help to limit the space to be used for temporary art, would an individual still be able to accuse the City of discriminatiing against them? City Attorney Dawn Honeywell stated the City could not make a decision based on content. It is difficult to determine an objective criteria whereby artwork is chosen for display. 6. Commissioner Shamir stated she had been very moved by the APP Master Art Plan and while writing the program, the Commission felt strongly about having a Temporary Art Program included in the Plan. City Attorney Dawn Honeywell stated APPS-29 Art in Public Places May 29, 1996 there was no problem with the APP having the program. There just needs to be a method in place whereby the City is not exposed to litigation. She suggested adding a section to the APP Ordinance to allow temporary art displays. 7. Chairman Walling asked if the City owned the art, would the City still be exposing itself to a problem? City Attorney Dawn Honeywell stated the City does not create a public forum by just purchasing art. Chairman Walling asked if the City could purchase the art piece and then offer the artist the opportunity to purchase the piece back at the end of a designated time period. City Attorney Dawn Honeywell stated this was an alternative. 8. Community Development Director Jerry Herman stated the APP needed to structure a program for temporary art using the comments made at this meeting. Staff would research programs from other cities as to how they were structured including the possibility of creating a revenue source. 9. Chairman Walling asked the City Attorney if the program could be anywhere in the City. City Attorney Dawn Honeywell stated it could be any place they wanted. Chairman Walling asked if there were any specific laws the APP should be reviewing. City Attorney Dawn Honeywell stated that if the City Council directed her, she could do another review to further determine the City's exposure. Chairman Walling asked if the APP should ask Council for their direction regarding the program. Following discussion, it was moved and seconded by Commissioners Reynolds/Shamis to recommend to the City Council that a review by the City Attorney be conducted to further review the Temporary Art Program. Unanimously approved. B. Discussion Regarding the Renovation of the Historic Obelisks Landmark Street Siens 1. Council Member Terry Henderson stated that although she was a member o f the City Council she was appearing before the APP as a resident and member of the La Quinta Historical Society to show support for this project. The Historical Society was supporting the program and was requesting the support of the APP as well. 2. Chairman Walling asked if the Historical Society had a list of people who were interested in supporting the program. Ms. Henderson stated she did not have a list, but could get a list of those who had expressed an interest. Chairman Walling stated that contacting those interested in the program would give the APP an impetus to start the program. 3. Commissioner Reynolds stated it was her understanding that the City had a supply of the Obelisks stored at the City yard. She further stated that the City should have either the obelisks or the street sign, but not both. APPS-29 Art in Public Places May 29, 1996 4. Commissioner Shamis asked if the Obelisks were the responsibility of the APP or the Public Works Department. Whose responsibility was it to see that the prol;ram was initiated? 5. Ms. Henderson stated they had no desire to change the Obelisk, but rather to expand their installation to include the entire City, north and south and at the major points for the streets entering the City. She felt there would still be a need for the standard street sign. The Obelisks would only be placed on one corner of an intersection to bring a feeling of unity to the City. The APP may consider having an artist create a design to add to the Obelisk to give them a new look. 6. Chairman Walling asked if there were any legal issues they should consider. City Attorney Dawn Honeywell stated they would need to make a findings that the program fit within the criteria for art. Community Development Director Jerry Herman asked if the program was to just the restoration of the Obelisks or with some artistic enhancement. Chairman Walling stated that with the enhancement it would make the Obelisks more visible. Commissioner Reynolds stated she would like to see local students involved in the program. Chairman Walling asked if the APP would run the program or let the La Quinta Arts Foundation. 8. Commissioner Davis asked if anyone knew what the Historical Society wanted the program to do. Commissioner Reynolds stated she understood they wanted to preserve the Obelisks as a historic feature. 9. Community Development Director Jerry Herman asked if the APP was recommending to the City Council, the expenditure of funds to create a youth program to design and install the Obelisks? Chairman Walling stated the APP needed to decide what they would want the program to consist of and present the whole program to the Council. Local developers should be contacted to determine what financial support is available. A Program needed to be designed anal figures researched as to the costs involved. 10. Chairman Walling asked Commissioner Davis if the Arts Foundation could want to create a youth program around the Obelisks. Commissioner Davis stated she would speak with the Historical Society to see what they are wanting to do. Commissioner Reynolds asked staff to prepare a report as to the number of Obelisks that were left in storage and what was installed on local streets. 11. Commissioner Shamis stated she felt the Public Works Department should be included from onset so they are aware of what is happening. APPS-29 Art in Public Places May 29, 1996 12. Commissioner Klein stated she was not sure the design should be changed as the Obelisks were historic landmarks and should remain as they were originally constmcted. Commissioner Reynolds stated her concern was that the Obelisks were difficult to read. Chairman Walling stated the APP needed to determine how far they would like to take this program. COMMISSIONER ITEMS A. Staff informed the Commission that a location needed to be determined as to where to place this years selection of artwork purchased at the La Quinta Arts Festival. After reviewing different locations within the City Hall, the Commission determined the art piece should be placed on the west wall of the north entrance to the Session Room. The art piece currently on this wall, by artist Lori Slater, would be moved to the north wall on the west side of the south entrance to the Session Room. Following discussion, it was moved and seconded by Commissioners Klein/Davis to recommend this location to the City Council for their consideration. B. The Commission then discussed possible locations to place the entry gate designed by Alber DeMatteis. After viewing the gate where it was on display in the Administration waiting area, the Commission determined to leave it in this location until the park area to the west of City Hall was completed and then install it in the last arch on the west walkway leading to the north parking lot. Fallowing discussion, it was moved and seconded by Commissioners Davis/Reynolds to recommend to the City Council leaving the gate in its present location. ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Klein/F:eynolds to adjourn this special meeting of the Art in Public Places Commission to a regular meeting of the Art in Public Places Commission on June 10, 1996, at 3:00 P.M. Unanimously approved. This special meeting of the Art in Public Places Commission was adjourned at 12:15 P.M. APPS-29