CITY OF SUNNYVALE

ARTS COMMISSION

Wednesday, November 20, 2002

Council Chambers

 

MINUTES

 

COMMISSION MEETING

 

The Arts Commission met in regular session in the City Council Chambers, 456 West Olive Avenue, Sunnyvale, California on November 20, 2002, at 7 p.m., with Chair Beezley presiding.

ROLL CALL

 

Commissioners Present:

Dane Andrew Beezley

 

Susan Buchs

 

Dixie Carney

 

Jeanne DiLeo

Absent:

 

 

 

Staff Present:

Valerie Armento, City Attorney

Ilona Bell, Administrative Aide/Recording Secretary

 

Kristin Dance, Visual Arts Coordinator

 

Cathy Merrill, Assistant to the Director

 

Rebecca Moon, Assistant City Attorney

 

Nancy Steward, Superintendent of Arts and Youth Services

 

Robert Walker, Director

Commissioner Buchs stated her business-related absence from the October 16, 2002 Arts Commission meeting was unexcused.

CALL TO ORDER

Chair Beezley called the meeting to order at 7:05p.m.

Approval of Minutes

Moved by Commissioner DiLeo seconded by Commissioner Carney, to approve the minutes of the Arts Commission meeting of October 16, 2002.

Discussion followed regarding the table on page 7, Item C. The motion was restated.

Moved by Commissioner DiLeo seconded by Commissioner Carney, to approve the minutes of the Arts Commission meeting of October 16, 2002, with a correction to the table on page 7 to delete the following verbiage preceding Item C:

"--not previously ranked by the Commission."

Motion carried 3-1

Commissioner Buchs abstained

PUBLIC APPEARANCES

Chair Beezley opened the meeting for Public Hearing. No appearances were made and the Public Hearing was closed.

 

GENERAL BUSINESS (PUBLIC HEARING ITEMS)

Review Final Proposal for Public Art at the Downtown Plaza.

Ms. Steward, Superintendent of Arts and Youth Services, presented the staff report. Ms. Steward noted the Commission ranked the fruit-capped pedestals as their only choice of the three conceptual art designs presented at the October 16, 2002 meeting. The Commission directed staff to ask the artist to work with fruit local to Sunnyvale’s agricultural history.

Ms. Steward introduced Ms. Dance, Visual Arts Coordinator, to further explain the final design proposal. Ms. Dance stated the posted diagram displayed six pedestals, labeled A through F. Each pedestal cap features a different fruit from Sunnyvale’s agricultural history--apple, apricot, cherry, nectarine, pear and plum. The capped fruit, cast from brushed aluminum, painted with auto paint and then powder coated for added protection from the elements, will range 16 - 36 inches in height. The artist, Gerald Heffernon, will use the existing designed caps as the base for the fruit sculptures. Although some of the pedestals may not be accessible to physically touch, their varying heights would make the fruit sculptures highly visible.

Chair Beezley opened the meeting for Public Hearing. No appearances were made and the Public Hearing was closed.

Moved by Commissioner Beezley seconded by Commissioner Buchs, to recommend the artwork as presented in the staff report for the Downtown Plaza with the exception of the Cherry sculpture.

Commissioner DiLeo made a friendly amendment to have the cherry sculpture depict a pair of cherries.

Discussion followed regarding the cherry sculpture and changing the existing stainless pedestal caps to depict plates. Ms. Steward commented that the allocated budget may not cover the changes under discussion. Chair Beezley did not accept the friendly amendment because two separate motions would be made to address the Commission's recommendations. Chair Beezley restated the motion.

Moved by Commissioner Beezley seconded by Commissioner Buchs, to recommend the artwork as presented in the staff report for the Downtown Plaza with the exception of the Cherry sculpture.

Motion carried unanimously

Moved by Commissioner Beezley seconded by Commissioner DiLeo, to recommend the Cherry sculpture be altered to scale--proportionately smaller, with longer, thinner stems--and depicted as a pair of cherries.

Motion carried unanimously

Ms. Steward thanked the Commission.

Assistant City Attorney Response to Commission Questions

 

Ms. Merrill introduced City Attorney Valerie Armento and Assistant City Attorney Rebecca Moon to answer the Commission's questions regarding the Art in Private Development Program.

 

Ms. Moon stated her understanding of the nature of the questions involved recent developments with the art at the companies of Yahoo!! and Toyama. She stated that the City's Planning Department approved the recent security fence installation at Yahoo!! While the artwork is still visible through the security fencing, physical access to it can be arranged for those cleared through their security kiosk. In the situation with Toyama, the art piece was moved outside the security fence for better visibility. It was from that location the sculpture was reported missing.

Ms. Moon next reviewed several municipal code ordinances pertaining to the Art in Private Development Program. She stated the City has the power to require artwork be installed as part of the permit process. Ms. Moon explained what remedies the City might have available when installed artwork is no longer accessible to the public. She noted the ordinance requires public visibility but does not require accessibility. Ms. Moon continued stating that statutory interpretation must be clear in what is required. If an ordinance is vague, then it cannot be enforced. The intent of an ordinance can generally be argued to both sides of the same issue.

Discussion followed and staff answered the Commissioners' questions to their satisfaction.

Ms. Armento stated that two common City remedies for an infraction of an ordinance would require action by the City Council:

  1. City Council could act to try to revoke a permit that has been issued.

  2. City Council could act to file a lawsuit.

However, both of these measures would have substantial monetary and political ramifications.

Ms. Steward clarified that to date, only informal discussion has occurred between City staff and Toyama regarding the missing artwork.

Discussion followed.  Director Walker suggested staff set up a study session with the Arts Commission to explore City remedies for infraction of ordinances.

Discussion followed. Ms. Armento stated the ordinance was not clear regarding theft of an installed art piece.

 

Ms. Merrill suggested a study issue might be warranted to develop clear and precise criteria defining infractions in the enforcement of ordinances pertaining to the Art in Private Development Program.

Discussion followed. Ms. Armento stated it was appropriate for the Arts Commission to direct staff to draft a letter from the Commission to Toyama regarding the stolen art piece. The letter could be prepared for either the Chair's signature or all Commission members' signatures.

Discussion followed and staff answered the Commissioners' questions to their satisfaction.

Chair Beezley opened the meeting for Public Hearing. No appearances were made and the Public Hearing was closed.

Moved by Commissioner DiLeo, seconded by Commissioner Buchs to have staff draft a friendly letter to Toyama from the Arts Commission, expressing deep concern over the loss of the missing art piece.

Chair Beezley made a friendly amendment to include language from the Art in Private Development City ordinances and to ask Toyama's intention regarding replacement.

Discussion followed regarding the tone of the letter. Commissioner DiLeo did not accept the friendly amendment. Commissioner DiLeo restated the motion on the floor.

The motion carried unanimously

Discussion followed. Ms. Armento clarified that the Office of the City Attorney works with numerous City departments and staff when developing specifications and precise language regarding enforcement of an ordinance. Discussion followed. Ms. Merrill commented that this type of involved topic should be agendized for discussion and open to the public for input as well.

Arts Commission representation at November 26, 2002 Council Meeting

 

The Commission Chair will represent the Arts Commission and speak before the Council at the November 26, 2002 meeting.

INFORMATION ONLY ITEMS

 

Staff Liaison Report

 

Ms. Merrill discussed the revised staff report she distributed as follows:

  • November 26, 2002, is the date of the Council Public Hearing on proposed study issues. Council will rank Study Issues at the December 12, 2002 Study Issue Workshop.

  • A listing of completed Art In Private Development projects was distributed at the meeting per the request of Commissioner Carney.

  • Ms. Merrill concluded her report stating that the Police Report on the stolen art piece from Toyama, requested by Commissioner Carney, would be mailed to the Commission upon receipt.

Other Reports

  • In response to a request by Chair Beezley for information regarding the selection of artists for public art projects, Ms. Steward distributed and reviewed a memo describing the strategies used by staff to create and maintain a reference list of artists. The report also addressed three methods the City uses to secure artwork: Direct Purchase, Limited Competition and Open Competition.

Communications

 

Communications distributed at the meeting:

  • Report: "Revised Staff Report," Cathy Merrill, November 20, 2002

  • Document: "Completed Art in Private Development Listing 1990-1992"

  • Minutes: "Recap of 2nd roundtable meeting of Chairs, Vice Chairs, Mayor and Vice Mayor, 10/28/02"

  • Update: "Downtown Sunnyvale," October 18, 2002

  • Memo: Board and Commission Roundtable Action Items, Mayor, November 19, 2002

  • Article: "Gallery Displays Recycled Art," Sunnyvale Sun, November 20, 2002

  • Memo: "Artist Selection," Ms. Nancy Steward, November 20, 2002

Commissioners’ packets contained the following communications:

  • Flyer: "Picking Up the Pieces," Euphrat Museum of Art, DeAnza College, October 1- November 27, 2002 (Attachment C)

  • News Release: "Arts Council Awards Funds for Arts Groups," California Arts Council, September 25, 2002 (Attachment D)

  • Article: "Design Raises Ire of Residents," Sunnyvale Sun, October 2, 2002, (Attachment E)

Commission Pre-packet Mailing Communications Listing

  • Letter: Items requested by Commissioner Carney

  • Update: "Downtown Sunnyvale," Community Development, October 23, 2002

  • Flyer: "SJSU Concert Choir and Chorale," San Jose State University, October-May

  • Article: "Swan Song?" San Jose Mercury News, October 17, 2002

  • Brochure: "An Evening of Cultural Arts," January - April 2003, Sunnyvale Community Theatre, 550 E. Remington Drive

  • Brochure: "An Evening of Cultural Arts Events Listing," Sunnyvale Community Theatre, 550 E. Remington Drive

  • Brochure: "An Evening of Cultural Arts January Events," Sunnyvale Community Theatre, 550 E. Remington Drive

  • Brochure: "An Evening of Cultural Arts February Events," Sunnyvale Community Theatre, 550 E. Remington Drive

  • Brochure: "An Evening of Cultural Arts March Events," Sunnyvale Community Theatre, 550 E. Remington Drive

  • Brochure: "An Evening of Cultural Arts April Events," Sunnyvale Community Theatre, 550 E. Remington Drive

  • News Release: California Arts Council Meets in Berkeley, California Arts Council, November 4, 2002.

  • Flyer: " California Arts Council Teleconference Public Meeting," Aurora Theatre Company, 2081 Addison Street, Berkeley, November 14, 1 p.m.

  • News Release: "Bay Area Arts Administrator Named to Arts Marketing Institute," California Arts Council, October 29, 2002

  • Update: "Senior Center Construction Update News," City of Sunnyvale, November 2002

  • Newsletter: "P&R PR" Sunnyvale Parks and Recreation Department Newsletter, November, 2002

OTHER ITEMS (INFORMATION ONLY)

 

Commissioners’ Comments

 

Commissioner Carney mentioned attending a multi-cultural dance program.

Commissioner Buchs passed

Commissioner DiLeo passed.

Chair Beezley stated December 14 is the date of a small Christmas Parade in Lakewood. Staff will lend the Arts Commission Banner and Chair Beezley will provide the convertible. Chair Beezley will coordinate with Commissioners to attend the parade.

Ms. Merrill clarified that the Commission could still function with 4 members should there be no successful applicants.

Director Walker confirmed there is no official word of a delay with the Downtown Development project and stated the Commission would be notified of any such notice.

Chair Beezley and Vice-Chair Carney discussed their recent Boards and Commissions Meetings with Council as summarized in a memo from Mayor Fowler distributed earlier in the meeting.

Chair Beezley mentioned that Council is now requiring an annual presentation by each Board and Commission.

Ms. Merrill suggested the topic raised in Mayor Fowler's memo be agendized to discuss more thoroughly in a study session with staff to better determine what options might be available.

Moved by Commissioner Buchs seconded by Commissioner DiLeo, to adjourn the meeting.

Motion carried unanimously

ADJOURNMENT – 8:25 p.m.

 

Respectfully submitted,

Ilona Bell

Recording Secretary

 

Reviewed by:

Cathy E. Merrill, Assistant to the Director

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