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HomeMy WebLinkAbout1992-03-05; Arts Commission; MinutesMINUTES OF: TIME OF MEETING: DATE OF MEETING: PLACE OF MEETING: ARTS COMMISSION 4:00 p.m. March 5, 1992 Safety & Service Center CALL TO ORDER; Acting Chairman Wrench called the Meeting to order at 4:01 p.m. ROLL CALL: Present: Absent: Commissioners Wrench, Batter, Ladouceur, Portera, Spencer and Straub. None. Staff Members Present: APPROVAL OF MINUTES: Connie Beardsley, Arts Manager, Sherry Freisinger, Secretary Ron Ball, Acting City Attorney On Motion by Commissioner Straub, the Minutes of the Regular Meeting held February 6, 1992, were approved as presented. AYES; Wrench, Batter, Ladouceur, Spencer and Straub ABSTAIN; Portera Review of Process - "Split Pavilion" - Ocean Street Sculpture Connie Beardsley reviewed the process of how this artwork was designed and built, as follows: March 25, 1987 April 20, 1987 May 5, 1987 May 20, 1987 May" 27, 1987 June 8/9, 1987 July 7, 1987 July-Sept.1987 September 1987 Sept. 10, 1987 1987-1988 1987-1991 Announcement/press release of RFQ for artists Artist Selection Committee formed consisting of representative from the community, redevelopment area, Streetscape consultants and Arts Commission - Examples of work from 12 artists reviewed by Selection Committee Selection Committee recommendation of three finalists presented at Arts Commission meeting Selection Committee selected artist Andrea Blum Artist selection presented to Merchants' Design Task Force for approval Artist Andrea Blum visited, site, met with members of the community and discussed project with the Arts Commission, the Housing & Redevelopment Advisory Committee and the Village Merchants Association Contract with Andrea Blum to design artwork at Ocean Street & Carlsbad Boulevard approved by City Council Sculpture Park was designed within parameters set by the City incorporating elements requested by members of the community (benches, water feature, drought-resistant landscaping and trellis for shade) Design reviewed by Arts Commission, Village Merchants Association and Housing & Redevelopment Advisory Committee Design of artwork by artist Andrea Blum approved by Arts Commission Working Drawings completed by Austin, Hansen, Fehlman Articles and pictures describing streetscape and artwork published in local newspapers, the Villager and Carlsbad Art News March 5, 1992 ARTS COMMISSION Page 2 Feb. 2, 1988 Sept.. 8, 1988 1988 1988-1990 Spring 1989 Spring 1990 Housing & Redevelopment Commission approved streetscape design and negative declaration by Planning Director Review and approval of final design by Arts Commission Poster distributed to the public with artwork illustrated Discussion of streetscape/artwork at Housing & Redevelopment Advisory Committee & Merchants Association meetings (10 meetings) Information mailed to every residence describing the Streetscape Program and art to be incorporated into the project Model of design displayed for public review at Main Carlsbad Library and Village Faire Shopping Center Two public forums on Cultural Plan described Ocean Street Sculpture Ms. Beardsley stated that the Housing and Redevelopment Department and community groups worked together to incorporate an arts element into this project. Drinking fountains and restrooms were discussed and not included in the design. Slides of the completed Split Pavilion were shown. Ms. Beardsley explained the changes that had been made as the project progressed in compliance with public input at the many meetings. Acting city Attorney Ron Ball stated he had studied the questions brought up at the February Arts Commission meeting which were what rights and duties does the artist and the City have in the contract? He stated that the contract has been satisfactorily completed. The City has paid everything due under the contract with the artist and the artist has performed all parts of the contract that were contemplated by the document. Mr. Ball stated that the California Art Preservation Act must be read into this contract, as it applies to all artworks in public places in the State of California. He said that the suggestion had been made for the City to pass a ,law to change the interpretation. It cannot be done, because the State has passed the Law—not the City of Carlsbad. If there is a quarrel with that Law, then the State Representatives are the ones to contact and not the City Council. Mr. Ball stated that the participants at this meeting should not be concerned with the legal issues or "what ifs". The Arts Commission is responsible, under the Municipal Code, for making recommendations regarding art matters. Recommendations for any changes, modifications or alterations, should be subject to an agreement with the artist or subject to whatever other legal mechanism or legal proceedings are necessary to comply with the Law. Mr. Ball stated that the artist does retain her rights to the work of art and those rights are not to have it changed, altered or mutilated in any way. Acting Chairman Wrench opened the meeting for public input at 4:28 p.m. Mayor Lewis spoke on the procedure for appointing Commission Members and stated Council will work through this problem with the Commission and the public's help. He asked those present to consider applying for membership on a City Commission or Board. March 5, 1992 ARTS COMMISSION Page 3 Roger Peterson, 180 Cherry Avenue, representing a number of people on Cherry Avenue, spoke in opposition to the park and expressed concern because the public was not informed about the Arts Preservation Act before now. He suggested moving this artwork to another location in Carlsbad or to sell it to another city. He requested that no new art projects of any kind or any contracts be entered into until this controversy has been resolved. He said this was costing the community too much money and it was counter-productive for him and others to be here instead of working. Mr. Peterson suggested spending the money available to pay the artist to allow changes rather than going to litigation, including using money out of the Contingency Fund. Jerri Wolder, 5460 Carlsbad Boulevard, spoke in opposition to Split Pavilion, stating she had not received anything in the mail about this project. She thought the bars were only temporary during construction, and felt the property owners across the street should object to the bars. James A. Watson, 3283 Lincoln Street, a Carlsbad resident for 34 years, stated the group here tonight is different from those at the February 6 meeting, and also from those signing the petition. He said this represents a lot of people, and again stated his opposition to the bars. Mr. Watson asked people to not vandalize the area and not put stickers on stop signs or public buildings, as he does not condone or endorse any such actions. The pictures that appeared in the newsletter and newspaper were misleading to the citizens according to Mr. Watson. He said the City should not have signed a contract with the artist that did not protect the citizens. Mr. Watson displayed a flyer mailed out with a City Hall address and asked about the group sending this out, and said if anyone on the Commission had anything to do with that, they should abstain from voting on this issue. Connie Beardsley stated the flyer was sent out by the Arts Associates, which is a Friends Group, such as Friends of the Library, who support the activities of the Arts Office and the Arts Commission. The Arts0 Associates is a separate non-profit organization. They have a non- profit bulk-mail permit with a return address at the City Hall. Friends groups of City Departments receive that privilege in order to save the expense of a postoffice box. Anna Hopkins, 3020 Blenkarne Drive, spoke in opposition, stating the dirty ice plant should be replaced. She stated she did not like the bars and felt the benches did nothing for the beautiful ocean. R. D. "Doc" Hadad, 2088 Avenue of the Trees, stated there should be some way to repeal the California Arts Preservation Act on a State-wide basis. He asked whether there were any options available to the City. He suggested lowering the fence to two feet and bending it inward to avoid obscuring the views. He recommended eliminating the reflecting ponds altogether due to the maintenance costs and vandalism. Mr. Hadadsuggested having a restroom and a water fountain. The benches are too wide to allow anyone to lean back, and he said they should be narrower to discourage anyone sleeping on them. Also, telephones are needed in the area closer to the ocean to avoid the traffic noise. Mr. Hadad recommended having telescopes to look through and they would also provide income. He suggested a place for mimes and artists to perform and also a kiosk giving history of local flora and fauna. March 5, 1992 ARTS COMMISSION Page 4 Mr. Hadad suggested placing a tile border around the benches to brighten them and depict sea life. Mel Meilach, 2018 Saliente Way, spoke in favor of Split Pavilion, stating that when you sit there and look at the ocean you seem to be isolated from the noise of the Boulevard and the commercial area. As to the ice plant, it is drought-resistant and low maintenance. Since the City has to maintain the area, that was a consideration. Dona Meilach, 2018 Saliente Way, stated that no matter what was put there, it would cause a controversy. She said that the people who are complaining are claiming that they represent everyone's viewpoint, and that is not true. She hopes that everyone is not swayed by that concept. The people in favor of the sculpture don't have the energy and commitment to put the time into it that the people against it have. Mrs. Meilach recommended that when the Arts Commission makes a decision, they go for the test of time. She said when she sits in the park and thinks of it without the bars, it seems kind of nude, and she asked the people to give it a chance. Hope Wrisley, 2080 Basswood Avenue, spoke in favor of the artwork, stating she did not see a disaster, and wondered why 100 feet of bars that you can see through has been escalated to be a wall 10 feet tall that stretches from Oregon to the Mexican border. It is a fact that there is a park that not everyone is thrilled with; however, the design was selected in a competitive process and the citizens were notified. This was discussed at the Village Merchants meetings a number of times and the public was informed. A considerable amount of money was spent constructing this and there is a law that protects the artist once they have submitted a design and the project is completed and signed off. Artists have visions that the public does not have, and you may not like it, but it is that artist's vision. Ms. Wrisley expressed outrage that the suggestion was made to go into the Contingency Fund to buy off the artist, and she said she had heard the meeting on Sunday became a "City Hall bashing". Steve Nelson, 295 Juniper Street, stated he did not like the bars and opposed any recommendation that a decision be delayed for a period of time. He asked whether the Preservation Act had been tested in court and said the bars must come down and the people are ready to push the issue to the ballot. Acting City Attorney Ron Ball stated the Act has been tested in court; however, it did not involve a sculpture such as this. Karina Laewen, 537 Kipling, spoke in opposition, stating this "stupid thing" has nothing to do with art whatsoever. .She stated this ugly thing defaces the site and must go. Jeff Schwartz, 4626 Terraza Circle, San Diego, spoke in opposition, stating he is a candidate for Congress and Mr. Watson had contacted him. He spoke against the bars, stating they are for criminals and animals. Mr. Schwartz said if this is a legal problem, everything possible should be done to resolve it. He said this park belongs to the people but they have no control, and the artist is 3,000 miles away. March 5, 1992 ARTS COMMISSION Page 5 Kenneth Capps, 1175 Hoover Street, spoke in favor of the artwork, stating that Carlsbad should retain the leadership demonstrated the last seven years in providing art for this community in all dimensions. He said the citizens should act responsibly to preserve the integrity and stability of all the arts. Carlsbad is a model and should remain proud of its vision while looking ahead to the next art project. Mr. Capps said this negative reaction toward art is becoming a part of the collective whole sweeping the nation against art. It has become politically correct to oppose art at the national level in this election season and the National Endowment for the Arts is a political football. He said that Carlsbad must not participate in this disregard for art, as culture without art is doomed. He recommended there be no action regarding this matter for five years—since the process took five years. Mr. Capps said he was very impressed with the organizational skills of the negative side and would like to suggest that they use their energy toward San Onofre—which is only fifty minutes away from here and over-capacity. Katie Capps, 1175 Hoover Street, spoke in favor of keeping the Split Pavilion Park. She said that the people who want it down would have to go through the process to accomplish that, but in the meantime they should not be angry with the people who do like it. She asked them to focus their anger on the issue and not on the people. Laurie Masten, (no address given), spoke in favor of the artwork, stating that it would be censorship if it is changed or removed. In order 'to retain its integrity, the piece must remain whole. She stated she believes in art in the City, and there were meetings and an attempt to inform the people about what was to be put in that area. It was stated that the Arts Associates is a 500 member organization that has donated the kiosk by the Library and supported the City of Carlsbad culturally. They are entirely separate from the Arts Office and the Arts Commission. Ms. Masten asked the citizens to allow a cooling-off period—to step back from their anger and hurt and allow a committee to reach a positive resolution. That cooling-off period should be at least six months and everyone should calm down and not be open to cheap tricks and cheap shots as heard here tonight. In response to a question from Mr. Watson about the flyer in question being typed on a City typewriter, Ms. Masten stated that the Arts Associates maintain office space at the Arts Office, the same as the Friends of the Library have at the Library. RECESS; Acting Chairman Wrench declared a Recess at 5:44 p.m., and the Commission re- convened at 5:55 p.m., with all Members present. Split Pavilion Discussion (Continued) Commissioner Batter stated she was concerned that she does not know the views of everyone in Carlsbad regarding this artwork. Art is the future of the community and the world, and if it is censored, there is a risk of losing morality as a culture. She recommended becoming aware of all the people in the community. She said as she spent more time in the park, she found it different each time. She felt the citizens should open their minds, sit in the space and appreciate the space for what it is. March 5, 1992 ARTS COMMISSION Page 6 Split Pavilion Discussion (Continued) Commissioner Straub commented on the questions asked that the Commission cannot answer—as to rights of the City and artist, the price, and moving the artwork. As to the comments about restrooms, water fountains and telephones, those are not in the domain of the Arts Commission. The other comments were that the people felt closed in; the bars blocked the view; they prefer different plants; don't like the benches and want the ponds eliminated. She felt that the suggestions made about entertainers and a kiosk had merit. Commissioner Spencer said the fence ties in with the existing fence and the concrete benches on the bluff tie in to the artwork. The view is not obscured, but the commercial businesses are as seen from inside the pavilion. There is a very limited portion of time when there is a presence of the bars and when sitting inside the park, they provide a sense of serenity that creates a positive aspect. He said that several people felt this particular work did not fit into the area, but Carlsbad is a pluralistic community. Commissioner Ladouceur thanked the audience for their input and said if given a chance of free access to the piece with no harassment by the people against the work, most residents would enjoy the area for its aesthetic beauty. You can view the ocean and contemplate and have private thoughts. The success of the piece lies in its availability to the public, and people have a right to their opinions. She felt this was a gift and not an "eyesore". It is a long process to change the piece, and the artist must be consulted about the issues. Commissioner Ladouceur asked the public to give the piece time to stand on its own, as she wants Carlsbad to have a strong arts program. Acting Chairman Wrench told of all the City Departments involved in the process and said it is not necessary to like something to protect it. He read his proposed recommendation to be approved by the Commission. ACTION; On motion by Commissioner Spencer, the Arts Commission adopted the following recommendation: In response to citizen input, the Arts Commission recommends the following interim course of action in the matter of the Split Pavilion: 1) The Arts Commission will convene a special subcommittee to meet with the artist (in Carlsbad); goals of the meeting(s) will be. . . a) Communicate community response to the artwork b) Seek a re-examination by the artist and the subcommittee of the design and materials of the landscape plantings and other issues. c) Seek the artist's cooperation in defining artistically acceptable changes. 2) The study committee will consist of no more than five persons, three of whom will be members of the Arts Commission, and two of whom will be appointed by the Mayor with the advice and consent of the City Council. a) It will be desirable to have the Council's appointees named within 30 days. March 5, 1992 ARTS COMMISSION Page 7 b) It will be desirable for the subcommittee to complete its meetings with the artist and to present its report to the Commission within 120 days. 3) The Arts Commission will seek to give its final recommendation for further action to the City Council within 180 days. 4) The Commission recommends that the City Council defer any other action on the Split Pavilion matter pending a final report from the Arts Commission. Mayor Pro Tern Kulchin clarified that all appointments to the Boards and Commissions are made by the Mayor with the concurrence of the Council, with the exception of the Planning Commission. She also asked that the subcommittee not be limited to five members, and that the Mayor and Council be allowed to determine the number of people on the subcommittee. The consensus of the Art Commission was to leave the number of members on the subcommittee at five. AYES; Wrench, Batter, Ladouceur, Portera, Spencer and Straub RECESS; Acting Chairman Wrench declared a Recess at 6:45 p.m., and the Commission re- convened at 6:57 p.m., with all Members present. PUBLIC COMMENT; There were no requests to address the Commission on a non-agenda item. REPORTS; Manager's Report Connie Beardsley reported that with the further budget cuts in the City, the Pops Concert may be eliminated. The budget will be reviewed by the City Manager and the Financial Management Director. Ms. Beardsley stated that the first Arts breakfast is to be April 1, at 7:30 a.m., at the Olympic Resort Hotel. The Fieldstone Foundation has donated $5,000 for the 1992 breakfast series on Arts, Economics and the Community. OLD BUSINESS; Acting Chairman Wrench reported that the Carrillo Ranch committee is looking into uses for the Carrillo Ranch, and the meetings are ongoing, with a' workshop held last Friday. The Ranch will be a passive use park. Commissioners Ladouceur and Wrench attended a meeting on Monday of the committee for the re-examination of the Arts Element of the General Plan. Commissioner Straub asked to join with the other two Commissioners on this committee. March 5, 1992 ARTS COMMISSION Page 8 NEW BUSINESS! Resolution for Community Enhancement Funds Request Connie Beardsley stated this is a request for County funds in the amount of $5,000. Usually, less is granted. The request is for the Kite Festival. ACTION; On motion by Commissioner Batter, the Arts Commission approved the Resolution for Community Enhancement Funds Request. (See attached) AYES; Wrench, Batter, Ladouceur, Portera, Spencer and Straub Endorsement of Challenge Grant to California Arts Council Connie Beardsley reported that this application is due March 16, and the amount of money is to be matched with twice the amount from private sources. This grant would be used for the gallery in the new Library, as there are no funds for operations. The request is for $25,000, which means the Arts Commission is committing to raise $50,000, with support from the Arts Associates. ACTION; On motion by Commissioner Ladouceur, the Arts Commission approved the Endorsement of Challenge Grant to California Arts Council. AYES; Wrench, Batter, Ladouceur, Portera, Spencer and Straub 1992 Jazz Series Contract with Producer Connie Beardsley said this year the recommended contract was with Rob Hagey Productions, Inc., San Diego, for 12 jazz concerts this summer. ACTION; On motion by Commissioner Spencer, the Arts Commission approved the 1992 Jazz Series Contract with the Producer, Rob Hagey. ayes; Wrench, Batter, Ladouceur, Portera, Spencer and Straub Election of Arts Commission Chair ACTION; On motion by Commissioner Straub, the Arts Commission unanimously elected Commissioner Ladouceur as Chairperson for the coming year and Commissioner Wrench as Vice Chair. AYES; Wrench, Batter, Ladouceur, Portera, Spencer and Straub ADJOURNMENT ; By proper motion, the Meeting of March 5, 1992, was adjourned at 7:18 p.m. Respectfully submitted, CONNIE BEARDSLEY Arts Manager Harriett Babbitt Minutes Clerk