Under the City’s Art in Public Places program, one percent of the construction valuation of the new downtown plaza project was allocated for the acquisition and maintenance of public art. The Arts Commission reviewed and recommended approval to the City Council in November 2002, a public art proposal comprised of a series of six large fruit sculptures. These sculptures were to be installed on six decorative pedestals located at various points throughout the plaza. The City Council approved the sculptures at their regular meeting on December 10, 2002.

The City Council approved the artwork amidst discussions of possible budget cuts, including the omission of several scheduled Capital Improvement Projects (CIP). The downtown plaza project was one of the CIP’s considered for elimination or reduction. Currently, Phase 1 of the plaza project is moving forward; however, a number of the original features in the plaza design have been removed or redesigned.

This report reviews the revised plaza design (Phase I), which includes a reduction in the number of decorative pedestals from six to four, and the Arts Commission’s recommendation to reduce the number of fruit sculptures proportionately.

On December 10, 2002, City Council approved a public art project for the Sunnyvale Downtown Plaza. This action accepted a proposal submitted by artist Gordon Heffernon to create six, larger than life pieces of fruit that would be placed on six decorative pedestals located throughout the plaza.

In light of the current budget crisis, funding levels for the Plaza Project are less than originally identified, and are insufficient to complete the plaza design as it was previously approved by City Council. Staff and project architects were directed by the City Council to identify a phased approach that incorporated all the desired design features identified by the Council and the community. This phased approach would allow the project to be built over an extended period of time as funding permits.

At the March 18, 2003, City Council meeting, staff presented this phased approach for approval. The new design (Phase I) is a scaled-back version of the original plaza design. (Please refer to Attachment A – Revised Approved Plaza Site Plan (pdf file).) One of the most significant changes includes eliminating the "overlook" feature, including two of the six decorative pedestals identified for the placement of public art.

On May 21, 2003, staff provided the Arts Commission with the revised budget for Phase I of the Plaza Project. The public art allocation at that time was determined to be $30,000. At the May meeting, the Arts Commission took action to select four fruit sculptures for recommendation to Council in keeping with the change from six decorative pedestals to four pedestals in the Phase I design. $28,000 was allocated for the artwork and another $2,000 to be set aside for the long-term maintenance of City owned public art.

On July 15, 2003, City Council considered Report to Council #03-246 - Award of Bid #FO205-97 and Budget Modification No. 4 for the Sunnyvale Downtown Plaza. A contract in the amount of $5,003,000 was awarded to Devcon Construction, Inc. This action included a Budget Modification to increase the budget for Phase I of the Plaza Project by $1,906,436. When the Budget Modification was approved the allocation for public art was increased to $43,420 due to the increase in the construction valuation of the project.

Community Design Sub-Element: Policy D.2.c - Encourage public courtyards and plazas to have: comfortable, shady places to sit, protection from automobile noise and fumes, defined boundaries; and, where appropriate, water elements and artwork.

Community Design Sub-Element: Policy D.2.e - Continue to acquire public artworks that contribute to the public identity of outdoor places and provide pleasure and enrichment for Sunnyvale residents.

Community Design Sub-Element: Policy D.2.f - Encourage selection of public artworks that have a broad appeal and capture the aspirations of the social and cultural heritage of the community.

Arts Sub-Element: Policy A.4 - Further a sense of community identity through promotion of the arts.

In May 2002, City Council adopted a policy to require one percent of the construction valuation of eligible capital improvement projects to be set aside for the acquisition and long-term maintenance of City owned public art.

The approved artist for the plaza public art project is sculptor Gerald Heffernon. (Please refer to Attachment B – Artist’s Resume.) Mr. Heffernon is a resident of Davis, California, and has been sculpting for over thirty years. His fine arts expertise includes public commissions for the Sacramento Arts Commission, the City of Davis, the Wisconsin Arts Board, and the United Neighborhood Association of Madison, Wisconsin.

Mr. Heffernon chose to relate the plaza artwork back to the City’s rich agricultural history. The original approved design consisted of six, larger-than-life pieces of fruit that will range in size from 36 inches high to 16 inches high. (Please refer to Attachment C (pdf file) – Computer Rendering of Original Six Fruit Sculptures.) The six types of fruit represented are pear, apple, plum, nectarine, apricot, and cherry. Each fruit sculpture will be cast in aluminum, painted in a realistic style with automotive paint, and powder-coated for UV resistance.

Consistent with the reduced budget for public art, Mr. Heffernon has revised the art proposal to include only four of the six sculptures that were originally planned. The design has also been modified so that the individual sculptures will be slightly larger than the original six.

Staff is recommending that the art project continue to include sculptures of a cherry, apple, apricot, and pear, and that the plum and nectarine sculptures be the two that are eliminated. Staff believes that these four fruits are the most representative of fruits native to the Santa Clara Valley and that the sculpture imagery will be the most aesthetically diverse.

Given that the allocation for public art has increased from the original budget, staff recommends that the balance be placed in the City’s Public Art Fund for use in future development of the plaza or some other eligible City construction project. This action is consistent with the Art in Public Places Administrative Policy adopted by Council in May 2002. (Please refer to Attachment D – Art in Public Places Administrative Policy.)

Phase I calls for one percent expenditure for public art. The current Phase I budget, including Budget Modification No. 4, allocates $43,420 for public art. $28,000 has been budgeted for fruit sculptures in Phase I. Staff recommends that $2,000 be set aside for long-term maintenance of City owned public art and that the remaining $13,420 be set aside in the City’s Public Art Fund for use in future development of the Downtown Plaza or another eligible City construction project. This is consistent with the Art in Public Places Administrative Policy adopted by City Council in May 2002.

As noted earlier in the report, the Arts Commission revisited the approved proposal for public art in the plaza at their regular meeting on May 21, 2003. At that time the Arts Commission voted unanimously to select the cherry, apple, apricot, and pear, and to eliminate the plum and nectarine. The commission believes that this combination of fruit is the most representative of fruits native to the Santa Clara Valley. The Arts Commission also requested that the artist change the cherry into a pair of cherries with a longer stem and to adjust the size of the cherries to the same scale as the rest of the fruit. The artist has agreed to this modification.

Public contact was made through publication and posting of this item for public hearing at the Arts Commission meeting agenda held on May 21, 2003.

Public contact was made through the posting of the Council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s website, publication of the Council agenda in the San Jose Mercury News, and through the availability of the report in the City Clerk’s office, Library, Parks and Recreation Administration, Community Center, and Senior Center.

1. City Council approve a pair of cherries with long stems, apple, apricot, and pear sculptures.
   
2. City Council recommend a different combination of fruit sculptures by excluding one or two of the above listed fruit, and including either the plum or nectarine, or both.
   
3. Other action as determined by Council.

Prepared by:
Diane Moglen
Arts Supervisor, Recreation Division

Reviewed by: 
Robert A. Walker
Director of Parks and Recreation

Mary J. Bradley
Director, Finance

1. Revised Approved Plaza Site Plan (pdf file)
2. Artist’s Resume
3. Computer Rendering of Original Six Fruit Sculptures (pdf file)
4. Art in Public Places Administrative Policy