COMMISSION MEETING

The Arts Commission met in regular session in the Council Chambers, 456 West Olive Avenue, Sunnyvale, California on July 16, 2003, at 7:00 p.m., with Chair Beezley presiding.

FLAG SALUTE

ROLL CALL

Commissioners:

Dane Andrew Beezley

Present:

Dixie Carney

Monica Draganowski Davis

Wallace Harper

Absent:

Susan Buchs

Staff Present:

Ilona Bell, Administrative Aide/ Recording Secretary

Cathy Merrill, Assistant to the Director

CALL TO ORDER

Chair Beezley called the meeting to order at 7:07 p.m.

PUBLIC APPEARANCES

Chair Beezley opened the meeting for Public Appearances. There were none and the Public Appearances were closed.

1. Review of City of Sunnyvale Code of Ethics

The Commissioners individually acknowledged reading and understanding the Sunnyvale Code of Ethics. There were no questions from the Commission.

2. Arts Commission Calendar Review for remainder of 2003

Ms. Merrill reviewed the remainder of the Arts Commission Work Plan Calendar for 2003 and noted that Council eliminated the Study Issue on a Digital Marquee Located at Wolfe and El Camino. Ms. Merrill mentioned that due to recent service level reductions, there would be fewer study issues and a lighter work plan for the remainder of this year and into 2004, as well. During this time, Ms. Merrill encouraged the Commission to suggest items and topics they would like to explore or learn in more detail to become more familiar with the City's arts related programs.

Moved by Commissioner Draganowski Davis, seconded by Vice Chair Carney to adopt the Arts Commissioner Calendar Work Plan for the remainder of 2003.

Motion carried unanimously

3. Update of Potential Study Issues for 2004.

Ms. Merrill stated "Provide a greater Enforcement of Art In Private Development Requirements" is the only pending study issue paper under the purview of the Arts Commission for review this fall. She noted that a study issue can be added by a Commissioner at any time during the year. An idea proposed by a Commissioner is given to staff to draft into a study issue paper which is then sent back to the Commissioner to review to make sure the issue was fully captured. Study Issues for 2004 are ranked by Commissioners in the fall and their recommendations go to Council to rank at the end of the year. Ms. Merrill confirmed that a recommendation on this agendized item was not required.

4. Election of Commission Officers for FY 2003/04

CEM reviewed the steps for the election process.

Chair Beezley announced that nominations were open for Chair and Vice Chair of the Arts Commission for Fiscal Year 2003-04

Commissioner Harper moved to postpone elections to the next meeting of the Arts commission. There was no second.

Commissioner Draganowski Davis nominated Chair Beezley to continue in the role of Arts Commission Chair for FY2003-04. Chair Beezley accepted the nomination and spoke to his goals. There were no further nominations.

Commissioner Draganowski Davis moved, Commissioner Carney seconded Chair Beezley as Chair of the Arts Commission for Fiscal Year 2003-04.

Motion carried unanimously

Commissioner Carney nominated Commissioner Draganowski Davis as Vice Chair of the Arts Commission for FY2003-04. Commissioner Draganowski Davis accepted the nomination and spoke to her goals. There were no further nominations.

Chair Beezley moved, Commissioner Harper seconded Commissioner Draganowski Davis serve as Vice-Chair of the Arts Commission for FY 2003-04.

Motion carried unanimously

5. Toyama Missing Public Artwork (follow-up)

On behalf of the newly appointed Commissioner, Ms. Merrill summarized the matter of the Toyama missing public artwork as follows:

• Toyama met all the criteria required by the Art In Private Development policy [Municipal Code ordinance].

• A tenant of the Toyama building shored up their security with fencing; however, the Sunnyvale Planning Department denied Toyama's request to relocate the sculpture inside the new fence.

• Toyama reported the artwork stolen in January 2001.

• An investigation by the Sunnyvale Department of Public Safety failed to locate the missing sculpture.

• The Arts Commission asked staff what action might be taken to ensure replacement of the artwork.

• The City Attorney reviewed this item with the Arts Commission--the first time an incident of missing public artwork has ever been reported. Thorough examination of the ordinance concluded there was nothing in the existing ordinance to legally enforce replacing missing artwork.

• The Commission asked staff to draft a friendly letter on behalf of the Commission (for Chair's signature) inquiring Toyama's position.

• Toyama responded they would not be replacing the artwork but might consider an in-lieu donation with some of the monies received from their insurance.

• Staff followed-up with Toyama, sending a letter describing the steps to make a donation to the Public Art Fund, a copy of the donation policy and appropriate forms. There was no response from Toyama.

• Recently, staff was unable to directly reach Toyama during a follow-up telephone call, but left a message.

• Since there is nothing legally binding the City might pursue as a remedy, staff considers the matter closed.

Moved by Commissioner Draganowski Davis, seconded by Vice-Chair Carney to contact Toyama regarding the possible donation of funds to the City in-lieu of replacing stolen public artwork.

Chair Beezley made a friendly amendment that this contact be made in the written form of a registered letter and include language that Toyama reply within ten business days.

Commissioner Draganowski Davis accepted the friendly amendment

Commissioner Draganowski Davis restated the motion, seconded by Vice-Chair Carney.

Motion carried unanimously

INFORMATION ONLY ITEMS

Staff Liaison Report

Ms. Merrill said the staff report would stand as submitted and made the following comments:

Ms. Merrill welcomed Commissioner Harper.

Ms. Merrill stated that all the Commissioners are welcomed to attend the new commissioner orientation and reception on July 31 at Council chambers.

In response to Commissioner Draganowski Davis, Ms. Merrill stated she would be sure to include her when scheduling Commissioner Harper's tour of the City's arts facilities.

Other Reports

Memo: "Cancellation of 2003 Digital Marquee Study Issue," June 23, 2003, Nancy Steward, Superintendent of Arts and Recreation (Attachment E)

Memo: "Changes in Outside Group Funding Review Process," June 23, 2003, Nancy Steward, Superintendent of Arts and Recreation (Attachment F)

Communications distributed at the meeting:

Article: "Historical Art Story," Eric Slater, Chicago Time Staff Writer, April 28, 2003

Flyer: "Chris Isaak, A Benefit Concert," Mountain Winery, August 17, 2003, 5:30 p.m. (supports arts in public education)

Commissioners’ packets contained the following communications:

Memo: "Boards and Commissions Reception and Orientation Session," July 31, 2003, 5:30-6 p.m. reception before 6 p.m. orientation, Donna Biles, Deputy City Clerk (Attachment G)

Letter: "Co-Sponsorship Benefits Agreement Letter," June 23, 2003 (Attachment H)

Newsletter: "Between The Lines," Sunnyvale Department of Libraries Newsletter, July/August 2003 Issue (Attachment I) [Commissioners only]

Article: ""Ponder the 'Pyramid'," San Jose Mercury News--The Guide, June 26, 2003 (Attachment J)

Article: "Tune Up: Serenaders Have Been Swinging in Sunnyvale since 1983," Sunnyvale Sun, July 2, 2003 (Attachment K)

Commission Pre-packet Mailing Communications Listing

E-mail/Flyer/Notice: "July 11, 2003 CODE Meeting Cancelled," Community Oriented Design Enhancements (CODE) Committee of Santa Clara Valley Transportation Authority

Flyer/Cards: " Senior Center Grand Opening," Saturday, July 19, 2003

Commissioners’ Comments

Commissioner Harper found the summer solstice sculpture article included in the packet worthwhile and asked staff how the City promotes this event. Ms. Merrill stated she would include a report on this item in the next Commission packet.

Commissioner Carney attended the Japanese Obón Festival that included a beautiful Ikebana (flower making) display.

Commissioner Draganowski Davis shared an article from the San Francisco Chronicle, dated July 13, featuring public artwork recommended by the Arts Commission on the front page of the Real Estate Section. Sunnyvale was nominated for a Golden Nugget Award for achievement in architectural design from the California Building Industry for the wrought iron balcony railings with reflective glass inserts at Belmont Village.

Chair Beezley mentioned a "Fire" Art Show coming to the Bay area.

Moved by Vice Chair Carney, seconded by Commissioner Draganowski Davis, to adjourn the meeting.

Motion carried unanimously

ADJOURNMENT – 8:07 p.m.

Respectfully submitted,

Ilona Bell, Recording Secretary

Reviewed by:

Cathy Merrill, Assistant to the Director