ARTS COMMISSION MEETING February 24, 2022 AT 6:00 PM Austin City Hall, Council Chambers, Room 1001 301 W 2nd Street, Austin, Texas 78701 Some members of the Arts Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register, contact Jesús Pantel at jesus.pantel@austintexas.gov or at 512-974-9315. AGENDA CURRENT BOARD MEMBERS: Michelle Polgar – Chair, Celina Zisman – Vice Chair, Brett Barnes, Jaime Castillo, Lulu Flores, Felipe Garza, Acia Gray, kYmberly Keeton, Amy Mok, Heidi Schmalbach, Rick Van Dyke CALL TO ORDER CITIZEN COMMUNICATION: GENERAL The first 10 speakers who register to speak no later than Noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. 1. APPROVAL OF MINUTES a. Approve the minutes for the regular Arts Commission meeting on: i. January 31, 2022 2. CHAIR’S REPORT a. Updates – equity working group; music commission vote b. Art in Public Places Liaison Report - Commissioner Barnes c. Austin Economic Development Corporation/Cultural Trust Advisory Committee Report – Carl Settles d. Downtown Commission Report – Commissioner Mok 3. SPECIAL PRESENTATION a. Airbnb – Luis Briones, Texas Public Policy and Government Affairs Director b. Austin Community College Nonprofit Center CommunitySpace launch – Barry Silverberg, Executive Director, Center for Nonprofit Studies and Nonprofit Austin at ACC and Chris Servini, Associate Vice Chancellor for Community and Public Affairs 4. STAFF BRIEFINGS a. Intergovernmental Relations update – Brie Franco b. Capital Improvements Projects updates – Laura Esparza, Museums and Cultural Programs Division Manager c. Legal Consideration Related to Equity in Economic Development Department Hotel Occupancy Tax Funded Programs – Neal Falgoust, City of Austin Law Department Attorney d. Fiscal Sponsorship Update – Jesús Pantel, Cultural Funding Supervisor e. Hotel Occupancy Tax Update – Sylnovia Holt-Rabb, Acting Economic Development Department Director f. Cultural Funding Review Process Update – Meghan Wells, Cultural Arts Division Manager 5. OLD BUSINESS a. Discussion and Possible Action on Cultural Funding Review Process b. Discussion and Possible Action on Working Groups and Working Group Updates i. Equity Working Group with Community Arts leaders …
Arts Commission Meeting Short-Term Rental HOT Tax Collection Background ● In 2016, Austin City Council passed an ordinance that would restrict short-term rentals where the owner doesn't live on the property; so-called "Type 2 STRs" would be phased out by 2022. Prior to the 2016 effort, Austin Council had passed their original (2012) ordinance, with further amendments in 2013. ○ The Texas Third Court of Appeals declared this ordinance unconstitutional in 2019 and later denied the City’s motion for reconsideration. ● The City of Austin has issued few Type 2 operating licenses for short-term Rental property owners in the past decade; ○ Unlicensed hosts cannot pay HOT tax without receiving penalties from Austin Code. ● Platforms need an agreement with the City to collect and remit HoT tax. Background (Cont.) ● Austin has grown to be the leading short-term rental market in Texas. ● Short-term rental platforms have taken action to prevent community nuisances and promote safety at listings. ○ Suspended dozens of listings for party violations. ○ ○ Blocked thousands of bookings during holiday weekends for hosts that have violations. ● Short-term rental platforms have entered into many of these agreement with different government Launched a 24/7 neighborhood support portal and a law enforcement portal. entities around Texas: ○ The State of Texas, Comal County, Abilene, Houston, Corpus Christi, Galveston, Glen Rose, Plano, etc. ● There’s momentum with some on council to pass a similar agreement in Austin. Cultural Arts Letter of Support ● Several arts organizations within the Red River Cultural Arts District and Austin Cultural Arts Division have signed onto a letter of support – encouraging City Council to adopt an agreement that requires STR platforms to collect HOT tax on behalf of hosts. Cultural Arts Supporters ZACH Theatre Red River Cultural District The Archive Theater Jarrott Productions KJ Sanchez American Records Rude Mechs The Hidden Room Theatre Penfold Theatre Company ● ● ● ● ● ● ● ● ● ● Ground Floor Theatre Color Arc Productions ● Candyce Lucien Rusk ● ● Gary Thornsberry ● Kirk Lynn (Associate Professor, Univ. of Texas at Austin) ● Gilbert & Sullivan Austin ● Salvage Vanguard ● Southwest Theatre Productions ● Max Langert (Cinnamon Path Theater & Airbnb user) The VORTEX ● The City Theatre Company ● ● Christina J. Moore, ScriptWorks Polling Background ● ● ● A recent survey showed voter support for both Short-Term Rentals in Austin and …
Leverages ACC’s role in the community , providing a critical nonprofit need – physical meeting space – and the unique value proposition of ACC, to create an essential asset to support the area’s nonprofits and to better the Greater Austin community. City of Austin Arts Commission February 24, 2022 Co‐working space Meeting & Conference space Grant Research Center Nonprofit Library KnowHow Mentor Network Intentional community building & connections between nonprofits & ACC & amongst themselves Access to Nonprofit Austin staff, expertise, & services Collaboration, Connection, and Caring Nonprofit Austin at ACC Community Space 5930 Middle Fiskville Road, 78752 Meeting Rooms Collaboration, Connection, and Caring Social Equity Committed to working within a framework that integrates social justice principles while supporting and respecting accountability to advance social equity within the nonprofit community Recognizing historic disparities that limit adherence to generally accepted organizational standards, we strive to address and eliminate such roadblocks in our programs and services. Nonprofit Austin will provide free assistance to those members who are not Texas nonprofit corporations to obtain their Texas nonprofit corporation status, obtain their Employers Identification Number, and draft their bylaws. We will also assist CommunitySpace members to apply for IRS 501(c)(3) determinations for a fee. Collaboration, Connection, and Caring Multi‐Tiered Organizational Membership Connector members receive a physical space to work, connect with other nonprofit organizations and practitioners, and have access to CommunitySpace’s many amenities, benefits, and working areas, including our meeting and event space. They do not have dedicated space, nor can they store anything overnight. Connectors join for a three‐month period at a time. $75 per seat per month Collaborator members receive a dedicated work area with storage. They may receive mail care of CommunitySpace and enjoy greater benefits than Connectors. Collaborators join for a six‐month period at a time. $250 per seat per month Collaboration, Connection, and Caring https://www.nonprofitaustin.org /communityspace/amenities‐ benefits/ https://www.nonprofitaustin.org/communityspace/ Barry Silverberg, Executive Director Nonprofit Austin and Center for Nonprofit Studies at ACC bsilverb@austincc.edu nonprofitaustin.org Collaboration, Connection, and Caring
CULTURAL FACILITIES IMPROVEMENTS UPDATE Laura Esparza, Division Manager, Acting Assistant Director Austin Parks and Recreation Department PROJECTS IN PROGRESS Rehabilitation of the O.Henry Museum (HOT Funded) Elisabeth Ney Museum Restoration (2012 Bond) George Washington Carver Museum & Cultural Center Rehabilitation (2018 Bond) Dougherty Arts Center Replacement (2018 Bond) Emma S. Barrientos Mexican American Cultural Center Phase 2 (2018 Bond) Asian American Resource Center Phase 2 (2018 Bond) O.Henry Museum Rehabilitation Sealed the building envelope Replaced HVAC System Installed Fire Suppression System Installed enhanced security system Improved site lighting Opens late Spring 2022 Brush Square Improvements slated for late 2022 Elisabet Ney Museum Improvements Balcony to be rehabilitated this spring; substantial completion April 15th Restore historic window and doors, seal building envelope Enhance lighting, humidity control, HVAC system, fire suppression system Replace security system, bathroom fixtures and bridge Proposed interpretive plan in partnership with Friends of the Ney Will close for up to two years in early 2023 George Washington Carver Museum and Cultural Center Improvements Roof repaired/replaced HVAC replacement Security system updated Fire Suppression System updated Security gating and fencing added Theater will be renovated with new lighting system, repair of the fly system, additional safety lighting, additional multi-media capabilities in 2022-2024. Dougherty Arts Center Project is in design development phase. Enhanced features include: two theaters, two galleries, two ceramics studios, separate schools for children and adults, three event spaces, outdoor seating spaces, nature play area for children, residency space. Design will be reviewed by Design Commission 3/28/22 and in an online public meeting 4/5/22, 6pm Architects: Studio 8 , Overland Partners, RVi Slated to open 2025 Emma S. Barrientos Mexican American Cultural Center Now entering design development phase. Will double the size of the ESB- MACC with three new buildings Enhanced facilities include new Black Box theater, two galleries, artist residency spaces, two separate schools for children and adults, teaching kitchen, space for a recording studio. Facility will close during construction 2023-2025 to continue programming at East side sites. Architects Miro/Rivera and Tatiana Bilbao Asian American Resource Center Early in the process of confirming the building program through community engagement with multiple language groups and …
Equity Considerations in Contracts and Program Funding Austin Arts Commission February 24, 2022 Neal Falgoust, Assistant City Attorney Purpose • Discuss legal risks associated with using race, gender and protected-class criteria in determining awards of contracts and program funding. 2 Why Now? • Recent federal court decisions that put race-focused programs at risk. • Law Department deliberative process. • Briefing to City Council. 3 Acknowledgement • History of intentional racial segregation – 1928 Master Plan and “Negro District.” • Oppression of BIPOC – 1954 Federal Housing Act, “urban renewal,” and seizing of Black-owned land. • City Council has committed the City to correcting its racist practices. (Resolution 20210304-067) 4 City’s Programs • As part of Project Connect, community members developed displacement mitigation strategies and an equity tool to guide decision making. (“Nothing About Us Without Us”) • EDD also wants an equity focus for the Cultural Arts and Heritage Tourism grant programs. 5 Legal Foundation • 14th Amendment – Equal Protection Clause • No government may “deny to any person within its jurisdiction the equal protection of the laws.” 6 “Tiered Scrutiny” • Strict Scrutiny (Race, National Origin, Religion, Alienage) – Government must demonstrate the policy is narrowly tailored to meet a compelling purpose. • Intermediate Scrutiny (Gender, Sex, Sexual Orientation?) – Government must demonstrate the policy is substantially related to an important purpose. • Rational Basis (Age, Disability, Wealth, Felony Status) – The policy must have a rational connection to a legitimate interest. 7 Strict Scrutiny Any government program that takes race into consideration faces strict scrutiny by the courts. Strict scrutiny is the most rigorous judicial review. Courts start with presumption that policy is invalid and government must prove its interests. 8 Compelling Government Interest The government must demonstrate: • actual discrimination in the relevant market, and • that the government either actively or passively perpetuated the discrimination. 9 Narrowly Tailored The government must demonstrate: • it considered other race-neutral policies; • race-neutral policies failed to achieve the compelling interest. 10 City of Richmond v. J.A. Croson Co. • “Generalized assertions” of past racial discrimination would not justify “rigid” quotas; • 30 percent quota could not be connected to “any injury suffered by anyone;” • Race-neutral measures must be seriously considered. 11 Evidence Acceptable to a Court Disparity studies are conducted to determine if there is discrimination in the studied market and if the government is an active …
Fiscal Sponsorship Update Jesús Pantel Cultural Funding Supervisor Economic Development Department February 24, 2022 C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 1 Historic Use • Mandatory in Core and Cultural Heritage Festivals • Optional in Community Initiatives C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 2 Fiscal Sponsor Requirements • 501(c) located in Austin/ETJ • Salaried Executive Director • $50,000 annual operating budget and 1-year existence • $35,000 annual operating budget and 3-years existence C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 3 Fiscal Sponsorship Fee • Up to 10% of COA award o No dollar limit on max fee o Most charge 10% o Some charge 5% or 8% • Membership fee • Insurance C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 4 Fiscal Sponsor Services • Insurance o Included in Fiscal Sponsorship fee o Reduced cost o Not provided • Fiduciary responsibility o Review and submit application o Review and submit final report o Reimburse City if needed C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 5 Fiscal Sponsorship Statistics • 426 total Cultural Contracts • 228 Sponsored Projects (53.52%) • 35 Fiscal Sponsors o 13 have 1 Sponsored Project (37.14%) o 10 have 2 – 5 Sponsored Projects (28.57%) o 4 have 6 – 10 Sponsored Projects (11.43%) o 5 have 11 – 20 Sponsored Projects (14.29%) o 3 have 20+ Sponsored Projects (8.57%) C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 6 C I T Y O F A U S T I N E C O N O M I C D E V E L …
Hotel Occupancy Tax Update Laura Odegaard, Program Manager III Cultural Arts Division Economic Development Department February 24, 2022 C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 1 Hotel Occupancy Tax – January 2022 Hotel Occupancy Tax Fund Month Ended January 31, 2022 Tfr to Cultural Arts Fund Approved Budget 6,660,189 Amended Budget 6,660,189 January w/Encumb 2,199,416 Year-to-date w/Encumb 4,574,331 Year-End Estimate 6,660,189 Year-End Year-End Variance % Variance Fav(Unfav) Fav(Unfav) 0.0% 0 *HOT YTD collection is $47,898,558 and is 69% of Budget of $ 69,773,408 and 306% over Jan 2021 YTD of $15,652,203 C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 2 C I T Y O F A U S T I N E C O N O M I C D E V E L O P M E N T 3
Cultural Funding Review: What's Next? 1‐2 Months AAC + Community Big Picture Framework 3+ meetings 1‐2 Months AAC Review & Voting Council Briefing 6 Weeks Application live Workshops Technical Assistance Working Group AAC Approval Launch Guidelines Pre‐Launch Contracting 2‐3 Weeks Revised Drafts Public Feedback Alignment with MED/HTD 1‐2 Months Website/Portal Integration Community Navigators Panel Recruit/Training Third Party 2 Months Evaluation/ Panels Council Approval Contracting Invoicing
ARTS COMMISSION MEETING February 24, 2022 AT 6:00 PM Austin City Hall, Council Chambers, Room 1001 301 W 2nd Street, Austin, Texas 78701 Some members of the Arts Commission may be participating by videoconference. The meeting may be viewed online at: http://www.austintexas.gov/page/watch-atxn-live Public comment will be allowed in-person or remotely by telephone. Speakers may only register to speak on an item once either in-person or remotely and will be allowed up to three minutes to provide their comments. Registration no later than noon the day before the meeting is required for remote participation. To register, contact Jesús Pantel at jesus.pantel@austintexas.gov or at 512-974-9315. BOARD MEMBERS IN ATTENDANCE: Celina Zisman – Vice Chair, Brett Barnes, Jaime Castillo, Felipe Garza, Acia Gray, Amy Mok, Heidi Schmalbach, Rick Van Dyke MINUTES CALL TO ORDER – 6:09 PM CITIZEN COMMUNICATION: GENERAL The first 10 speakers who register to speak no later than Noon the day before the meeting will be allowed a three-minute allotment to address their concerns regarding items not posted on the agenda. 1. APPROVAL OF MINUTES a. Approve the minutes for the regular Arts Commission meeting on: i. January 31, 2022 Postponed to next meeting. 2. CHAIR’S REPORT a. Updates – equity working group; music commission vote b. Art in Public Places Liaison Report - Commissioner Barnes c. Austin Economic Development Corporation/Cultural Trust Advisory Committee Report – Carl Settles d. Downtown Commission Report – Commissioner Mok 3. SPECIAL PRESENTATION a. Airbnb – Luis Briones, Texas Public Policy and Government Affairs Director b. Austin Community College Nonprofit Center CommunitySpace launch – Barry Silverberg, Executive Director, Center for Nonprofit Studies and Nonprofit Austin at ACC and Chris Servini, Associate Vice Chancellor for Community and Public Affairs 4. STAFF BRIEFINGS a. Intergovernmental Relations update – Brie Franco b. Capital Improvements Projects updates – Laura Esparza, Museums and Cultural Programs Division Manager c. Legal Consideration Related to Equity in Economic Development Department Hotel Occupancy Tax Funded Programs – Neal Falgoust, City of Austin Law Department Attorney d. Fiscal Sponsorship Update – Jesús Pantel, Cultural Funding Supervisor e. Hotel Occupancy Tax Update – Sylnovia Holt-Rabb, Acting Economic Development Department Director f. Cultural Funding Review Process Update – Meghan Wells, Cultural Arts Division Manager 5. OLD BUSINESS No action taken a. Discussion and Possible Action on Cultural Funding Review Process b. Discussion and Possible Action on Working Groups and Working Group Updates i. Equity Working Group with …
