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HomeMy WebLinkAbout1994-01-06; Arts Commission; MinutesMINUTES MEETING OF: ARTS COMMISSION DATE OF MEETING: January 6, 1994 (Regular Meeting) TIME OF MEETING: 4:00 p.m. PLACE OF MEETING: City Council Conference Room CALL TO ORDER: Chairperson Ladouceur called the Meeting to order at 4:02 p.m. ROLL CALL: Present: Commissioners Ladouceur, Batter, Plainer, Willis and Wood. Commissioner Spencer arrived at 4:08 p.m. Absent: Commissioner Portera. APPROVAL OF MINUTES: On motion by Commissioner Wood, the Minutes of the Regular Meeting held December 2, 1993, were approved as amended. AYES: Ladouceur, Batter, Plainer, Willis and Wood COMMfTTEE REPORTS: Chairperson's Report Chairperson Ladouceur lhanked the Arts Associales for ihe Iwo wonderful evenls in December; ihe holiday party at Ann L'Heureux's home and the receplion for Krisli and Theresa. She stated the Arts Newsletter was mailed oui yesterday. Ms. Ladouceur reported that the party for the new location of the Branch Library will be on January 15, 1994, at 1:30 p.m. Ms. Ladouceur reported on openings and events to be held during the month of January that are of interest to the Commissioners. She distributed copies of a newspaper article from the Los Angeles Times entitled "Creativity is a Trump Card for California". Ms. Ladouceur commented that in San Francisco, more money is spent for concerts and theater tickets than for sports events, and she would like to have that happen in this area. Manager's Report Connie Beardsley reported that Gustavo Romero, pianist, will perform on January 16, 1994, and on January 14, he a will be appearing at the junior high school for two performances on an informal basis. He will give a small performance and explain about his art form for the children. Ms. Beardsley said the kites in the Conference Room at the Arts Office will be hung at the Branch Library as part of their opening on January 15. January 6, 1994 ARTS COMMISSION Page 2 Manager's Report (Continued) Ludvik Grigoras, who spearheaded the Czechoslovakia Sister City, is working with Kay Christiansen to drill for the spa and open the well. He wants a statue of Frazier, who dug the well, to be placed there. There is no City money for such a project. Ms. Beardsley said if the Commission was interested, she would bring the project forward. He wants this to be completed by July. He is also interested in bring over the former Mayor as part of the artists in residence. It would cost $20 to $25 thousand dollars for the shipping of a bronze statue. Ms. Beardsley said this is just an update, and no action can be taken. The only way for immediate action to be taken would be for the Historical Society or some other non-profit organization to sponsor this. The statue would be on private property. This will be on next month's agenda. Ms. Beardsley said in reference to the suggestion of joining with the Oceanside Arts Commission for a joint meeting, she has talked with the Oceanside Chairperson. He was interested and suggested a joint meeting be planned in May. Fund-raising Committee Report Commissioner Batter reported on a December 13 meeting, and stated the Committee agreed there is a need to find ways to raise money in order to do the kind of programming they want to do. The first need is to identify specific projects and attach a dollar figure before trying to raise funds. Ms. Batter said a communication package is needed, sending a newsletter to every Carlsbad residence. Another project considered is a brown bag concert in the industrial park area, from noon to 2:00 p.m., sometime in the fall. Another project would be a stage at one or more sites of the jazz concerts. The Committee also expressed a desire to investigate working with the Carlsbad Theatre. Connie Beardsley is working on getting cost figures. Commissioner Willis stated that the Theatre is back to the original ownership. Ms. Beardsley added that her question was whether or not the owner would want to do anything. The Theatre is not for sale and it is not known how receptive the owner would be to work with the City. Commissioner Batter said this is a wish list for the Committee. Commissioner Wood commented that the first three were possible to do. Commissioner Batter said that Connie Beardsley is checking on making one of the jazz concerts a larger event. Ms. Beardsley stated that staff felt strongly that there should be no event planned for Labor Day, if they are going ahead with the Music Scene with the Boys and Girls Club. Ms. Beardsley said that the Commission may want to put this on the agenda for the workshop. She said that February 26 is available for the workshop. Commissioner Wood said that he believed there should not a moderator for the workshop. Ms. Beardsley said that Alan Kumamoto was available and would give them the same price of $350. The workshop would be from 9:00 a.m. to 1:00 p.m. The moderator would merely keep the workshop on track. The Commission decided to use Mr. Kumamoto as the facilitator. ACTION: On motion by Commissioner Wood, the Arts Commission accepted the list of priorities as presented by the Fund-raising Committee. AYES: Ladouceur, Batter, Plainer, Spencer, Willis and Wood January 6, 1994 ARTS COMMISSION Page 3 Facilities Committee Report Chairperson Ladouceur reported on a December meeting, where priorities were identified by the Committee. They looked at the Facilities Task Force report and some of the changes that have occurred since then. One item was the amphitheater. At the time of the report, a private developer was proposing an amphitheater, so it was not addressed. That project did not materialize. The Committee looked at the possibility of Lego putting in some kind of an amphitheater/theatre, with perhaps the City being involved with that. They also identified a small alternative space--a black box. The school district uses the Cultural Arts Center a great deal of the time, and there is a need for another theater. The Carlsbad Theatre was discussed, and that looks more negative at this time. Ms. Ladouceur said the suggestion was made to have the Commission walk through the Theatre. Commissioner Willis said the owner of the Theatre spoke at the Merchants' Meeting on Tuesday, and he is open for suggestions on the recommendations from the City. Chairperson Ladouceur continued, stating this Committee will meet again in January to discuss fund- raising for these items. Rotating Art Exhibit Report llene Mittman reported that the Plaza Paseo Real has donated a store front again and there will be an exhibition ready to go for the Branch Library Opening. She said that seven of Deloss McGraw paintings will be hung in the store front and the Plaza will pay for any materials that are needed. Ms. Mittman said that Kenneth Capps is going to install one of his works at Laguna and Pio Pico. He requested two years. Because of the work involved in installation, the Committee recommended just one year. This piece is 15 feet high. She said that staff will be going out to Sho-en gallery to look at art work and hopefully there will be some other works up prior to the end of January. ACTION: On motion by Commissioner Wood, the Arts Commission accepted the art piece of Kenneth Capps, for one year. AYES: Ladouceur, Batter, Platner, Spencer, Willis and Wood Arts Associates Report Ann L'Heureux reported that the Chamber of Commerce had voted to give Jackie Wrench an award. She is the founder of the Arts Associates. Ann Duncan took on the project of selling art cards this year. Eight hundred seventy dollars was netted, six hundred ten of which goes to the Arts Associates for arts education. Mrs. L'Heureux reported on a new Board member, and stated there will not be a speakers' series this year, but will be taken up next year. There were more than 60 people at the reception for Kristi and Theresa at the Plaza Paseo Real and many of the people gave nice donations. There will be a reception for the next piece of the Temporary Exhibition, but there is nothing definite on that at this time. January 6, 1994 ARTS COMMISSION Page 4 OLD BUSINESS: Phoenix Trip to View Public Art. March 9. 1994 - discussion Copies of a Memo from Connie Beardsley to the Arts Commission were distributed to the commissioners regarding the Phoenix trip. The date of the trip is Wednesday, March 9,1994, with departure at 7:00 a.m., from the San Diego Airport. The return time is 8:55 p.m., with the estimated cost of the trip to be $133. Commissioners Ladouceur, Plainer and Willis indicated they will make the trip. Cliff Lange, llene Mittman and Connie Beardsley will also attend. Ann L'Heureux indicated she might be able to attend. PUBUC COMMENT: There were no requests to address the Commission on a non-agenda item. NEW BUSINESS: Contribution of Artwork - discussion/approval Connie Beardsley stated that Dr. Leonard Rosen would like to contribute a large sculpture to the City of Carlsbad. She presented photographs for the Commissioners to view the work and asked for direction from the Commission. The Commission, if interested, could table the matter to look at the sculpture. If the Commission is not interested, they can reject the offer, or accept it outright. There would be a fair amount of maintenance required for this sculpture and an appropriate site would have to be found. ACTION: On motion by Commissioner Wood, the Arts Commission directed staff to write a letter to Dr. Rosen, stating that his offer to contribute a large sculpture to the City of Carlsbad has been refused. AYES: Ladouceur, Batter, Plainer, Spencer, Willis and Wood Split Pavilion - discussion/approval Chairperson Ladouceur referred to the Council Minutes included in the packet where the request was made for the Arts Commission to discuss the possibility of auctioning off the bars from the Splil Pavilion. She asked for each Commissioner lo express his or her opinion. Commissioner Plainer stated she would nol like lo see any auction. The material should be re-used, if possible, wilh no further publicity, ralher than making sport of it. Commissioner Willis stated he concurred wilh Commissioner Platner. This is galvanized pipe, and he said there could not be much value to it. Connie Beardsley mentioned they are to make a recommendation on whether to have an auciion and what to do with the funds. Commissioner Spencer agreed with the two previous Commissioners, and added that whatever the Public Works people do with other Cily property should apply lo Ihis, such as being put in the yard for future use. He felt standard procedure should be followed by the Cily. January 6, 1994 ARTS COMMISSION Page 5 Split Pavilion (Continued) Commissioner Batter stated she was in agreement with everything that has been said by the other Commissioners. Participating in an auction would be fueling negative momentum and there has been enough for almost two years. The City wants to move forward and Council and the Arts Commission want to move forward, and if they were involved in endorsing negative action like that, it would inhibit the ability to be viewed as a Commission that works with the community on arts projects. Ms. Batter said that maybe it could be designated that any funds gained off of the sale of the raw materials could be designated for arts education or an artists' fund. Commissioner Wood stated he disagreed, as there will be publicity. The Council asked for a recommendation, and there is a political thing involved, and that is a good thing. A lot of people did oppose the bars and they eventually prevailed at the City Council after this Commission recommended something different. The City Council went through the legal process and it should not have been a fight. Mr. Wood said the City tried to reverse the negativity, and he does not feel the public will accept it. Commissioner Batter said that raising money in a negative way has a negative flavor. Commissioner Wood stated there will be publicity when the bars come down. The proceeds of the disposal of the bars should be given to the Boys and Girls Club or arts in the schools, etc. Chairperson Ladouceur stated the Council wants the Commission's recommendation and respects that opinion. She said she has to respect her friends that don't like the piece and didn't understand the process. There is a bigger picture-as the Commission is trying to change its image, and an auction is a negative image of the Arts Commission and of the arts. Council is asking for a recommendation from the Arts Commission-not as any other Commission in the City. The Commission is involved in the arts and this whole process. It is not this Commission's role to be a political body. Commissioner Plainer said it is insulting to the public to ask them to buy something that they disagree with firmly. Commissioner Wood made a motion to have the proceeds from the disposal/or auction of the bars given to the Boys and Girls Club of Carlsbad. The motion died for lack of a second. ACTION: On motion by Commissioner Batter, the Arts Commission recommended that the City dispose of the raw materials from the Split Pavilion bars through normal City procedures. Ladouceur, Batter, Plainer, Spencer and Willis Wood Commissioner Willis stated there were expenses incurred by the City in the settlement of the suit and there will be more expense in taking the bars down. There was a discussion on where the money for the Split Pavilion came from, and the original money came from the Public Art fund. Several suggestions were made with regard to where the proceeds should be placed. January 6, 1994 ARTS COMMISSION Page 6 Split Pavilion (Continued) ACTION: On molion by Commissioner Batter, ihe Arts Commission recommended lhat the revenue generated off of the disposal of the raw materials from ihe bars removed from ihe Splil Pavilion be designaied for one of ihe following oplions: General Fund; Boys and Girls Club arts projecls; Conservalion of public art; or a Communicalions program for the arts. AYES: Ladouceur, Batter, Plainer, Spencer and Willis ABSTAIN: Wood California Arts Council Grant Application - approval ACTION: On motion by Commissioner Wood, ihe Arts Commission recommended lhat the California Arts Council grant application be presenled to City Council for approval. AYES: Ladouceur, Batter, Plainer, Spencer, Willis and Wood 1994 Community Arts Grants - approval Connie Beardsley reported lhal ihe panel declined lo fund four of Ihe groups requesling funds. The Committee discussed the fact lhal all ihe schools are coming lo the Arts Office for money, and il is nol ihe intent of the grants lo lake over or supplemenl ihe schools' responsibility in funding arts. Chairperson Ladouceur requested that a letter of thanks be sent to the Committee for Grants Panel. ACTION: On motion by Commissioner Wood, the Arts Commission accepled ihe grani requesls as submitted by ihe Committee. AYES: Ladouceur, Batter, Plainer, Spencer, Willis and Wood ADJOURNMENT: By proper molion, ihe Regular Meeting of January 6, 19943, was adjourned at 5:26 p.m. Respectfully submitted, CONNIE BEARDSLEY X) Arts Manager Harriett Babbitt Minutes Clerk January 5, 1994 TO: ARTS COMMISSION FROM: Arts Manager /As)J(M^^— PHOENIX "PUBLIC ART" TRIP The Arts Office staff would like to offer members of the Carlsbad Arts Commission the opportunity to view public art works in Phoenix, Arizona. The Phoenix Arts Commission has offered to host our group, providing a van and a guide. There will also be an opportunity for the two groups to meet and exchange information and ideas. Date of trip: Wednesday, March 9, 1994 Departure Time: 7:00 a.m. from San Diego airport Return Time: 8:55 p.m. Estimated cost of trip: $88 - Round-trip air fare, Southwest, 21 day advance purchase, non- refundable,non-changeable. (Fares are subject to change.) 10-Lunch 25 - Dinner 10 - Shuttle back to airport $133* A staff member of the Phoenix Arts Office will pick us up at the airport. We will tour approximately twenty of their 40+ sites, stopping for lunch with members of the Phoenix Arts Commission. After the tour, at about 3:00 p.m., the van will drop us off at Gallery Row and we can visit the galleries (which remain open into the evening on the second Wednesday of the month), have dinner and take the shuttle to the airport for our return flight. If you would like to join us on this trip please send a non-refundable deposit of $50 payable to Connie Beardsley by January 17,1994. (This is not an official city trip.) * Depending upon how you are planning on getting to the San Diego Airport there may be parking costs for the day as well. There is a $9 lot that is quite convenient and if people car pool, that cost will be minimal. December 14, 1993 Page 7 DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 18. AB #12.512 - APPROVAL OF SETTLEMENT AGREEMENT AND CONSENT JUDGMENT - CITY OF CARLSBAD V. ANDREA BLUM. CASE NO. 93-430S(M). Jerri Wolder, 5460 Carlsbad Boulevard, spoke in favor of accepting the agreement. Jane Stimmel, 772 Ann's Way, Vista, representing the Harbor Fish Restaurant, thanked the Council for their work in arriving at a settlement in this matter. Jim Watson, 3283 Lincoln Street, encouraged approval of the settlement and thanked everyone involved for a practical solution to an unfortunate situation. He requested that the City consider auctioning off the bars to raise money for needy organizations. ACTION: On motion by Mayor Pro Tem Stanton, Council approved the Settlement Agreement and directed the City Attorney to execute the Consent Judgment to settle the case of City of Carlsbad v. Andrea Blum. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila The City Attorney explained the need for the Housing and Redevelopment Commission to act on the Agreement. HOUSING AND REDEVELOPMENT COMMISSION: Council adjourned to the Housing and Redevelopment Commission at 9:31 p.m., and re-convened at 9:33 p.m., with all Members present. DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued) 18. (Continued action on this Item) ACTION: On motion by Council Member Finnila, Council requested that the Arts Commission to investigate the possibility of auctioning off the individual bars to be removed from the north end of the Split Pavilion, and to consider uses for the funds, including possibly donating same to a non-profit organization. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 19. AB #12.509 - SENIOR COMMISSION APPOINTMENT. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-337. appointing Mildred West to the Senior Commission. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. CITY OF CARLSBAD — AGENDA BILL AR# MTG OEPT. TITLED Anno/M/Ai f\f TLJE ABTO nccif*CAPPRUVAL Or THE AnTb UrrlUb GRANT APPLICATION TO THE CAUFORNIA ARTS COUNCIL DEPT. HD. r|TY ATTY PJTY MGR. z oz3 Oo approving the Arts Office grant application to RECOMMENDED ACTION: City Council adopt Resolution No. the California Arts Council. ITEM EXPLANATION The Carlsbad Arts Office is requesting approval of its grant application to the California Arts Council (CAC) for an arts program working in cooperation with Youth Enrichment Services, Inc. (YES). The new CAC state program will fund city arts agencies that have completed a community cultural planning process to determine community needs. Each dollar requested must be matched with 1.5 of new private or public funds. Only hard cash is an acceptable match. The Arts Office is requesting $15,000 for eight months of arts programming for Carlsbad youth, developed and presented in collaboration with Carlsbad YES. The YES Board of Directors has agreed to raise the matching funds ($22,500). A part-time coordinator and part-time teachers will be hired to offer programs in visual and performing arts. (see attached grant narrative) FISCAL IMPACT If the California Arts Council awards $15,000 to the Carlsbad Arts Office, it must be matched with $22,500 new private or public funds. Carlsbad YES has agreed to raise $22,500 in new private dollars. Should the matching dollars not be raised, the City may request the CAC to extend the time period required to find the match. EXHIBITS 1. Resolution No. . 2. California Arts Council grant application RESOLUTION NO. 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE ARTS OFFICE 3 GRANT APPLICATION TO THE CALIFORNIA ARTS COUNCIL 4 WHEREAS, the California Arts Council has a new pilot program providing funding 5 for cities who have completed a cultural plan; and 6 WHEREAS, Carlsbad's Cultural Plan calls for 1)increased programming for young people, especially in arts education, 2) outreach to Barrio Carlsbad who represent 1 5% of Q Carlsbad's population, 3) continued development of local partnerships using the arts to 9 address social issues and 4) increased family oriented participatory arts programming; and 10 WHEREAS, Carlsbad YES has identified specific community needs among Latino 11 youth at risk: 1) help family relations, 2) help with school work and 3) provide a safe place 12 to gather for recreation; and 13 WHEREAS, Carlsbad YES is interested in collaborating with the Carlsbad Arts Office 14 and has agreed to raise the required matching funds.lO 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 18 1 . That the above recitations are true and correct. 2. That the City Council approves the Carlsbad Arts Office grant proposal to 19 the California Arts Council for $1 5,000 to provide arts programming in partnership with the Carlsbad YES program. 20 PASSED, APPROVED AND ADOPTED, at a regular meeting of the City Council of the 21 City of Carlsbad, California, held on the _ day of _ , 1 994, by the following vote, to wit: 23 AYES: NOES: 24 ABSENT: 25 CLAUDE A. LEWIS, Mayor 26 ATTEST: 27 28 ALETHA L RAUTENKRANZ, City Clerk J°™<^apie PinnerXame CARLSBAD ARTS OFFICE State-County-City Applicants: Level Three (City Arts Agencies Only) In the space below and on one additional page, answer the following questions. (Also complete Level Two/Three budget form.) 1. Summarize request in two lines. 2. Describe the cultural planning process or other data on which the proposal is based. 3. Describe the request as it relates to the criteria for funding and programmatic accessibility, including your agency's track record of effective programs and services, commitment to cultural diversity, managerial/fiscal competence and the quality of the proposal (the need for the project, the proposed impact and the ability to complete the project). 4. Describe the County Partner collaboration. Summary: The Arts Office, working in partnership with YES, will provide Carlsbad youth at risk for gang involvement with an 8-month arts program, "YES TO ART", led by mentor artists. Planning Process: The Arts Office planning process is ongoing. The recommendations of the 1990 Cultural Plan conducted by The Wolf Organization have been reviewed by Task Forces in Programming, Facilities, Art in Public Places and Arts Education. Input is also obtained from the Arts Round Tables (a group of artists and arts organizations), panel reviews and project evaluations, public testimony before the Arts Commission and continuous outreach, collaboration and consultation with community agencies, service organizations and businesses. Recommendations include: "Increase programming for young people, especially in arts education (#1 priority in the Cultural Plan public survey); "Outreach to the Barrio Carlsbad community, who represent 15% of the population and express a sense of isolation; "Continue to develop local partnerships using the arts to address social issues; "Increase family-oriented participatory arts programming. The Arts Office has partnered with social service organizations in the past. In 1993 the Arts Office funded, sponsored, assisted and documented three programs: the bilingual circus skills and performance project with the Carlsbad Boys & Girls Club; Festejando with Comunidad Carlsbad Para Las Artes and Carlsbad Arts Associates; and the gang intervention Unity Conference and Mural Project with Barrio Arte at the Boys & Girls Club. Carlsbad Youth Enrichment Services (YES) is a new consortium developed to work on gang prevention. YES will provide matching funds of new, private money through corporate/foundation sponsorship. YES surveys have identified specific community needs among Latino youth: (1) Help with family relations; (2) Help with school work; (3) Provide a safe place to gather for recreation. "Carlsbad's major gang activity is centered among Latino youth members of Varrio Carlsbad Locos (VCL), currently in its third generation; "Gang recruitment and gang conflict from neighboring communities like Oceanside pose increasing risks to Carlsbad youth; "More than 60% of Carlsbad's Latino youth fail to complete high school; "The police department projects more than 100 potential participants in the arts-related gang-prevention project for junior high school ages, (12-15) the targeted age group. Proposed Project: YES TO ART provides eight months of arts programming for Carlsbad youth in partnership with YES. The program will offer literary, visual and performing arts components. A Latino administrator will be sought for the ten-month part-time Program Coordinator position (including start-up and evaluation periods). This Coordinator will receive arts management training in the Arts Office. After the initial Program ends, YES will continue the program with the Coordinator, thus providing an arts-trained coordinator working permanently in the community. 18 CARLSBAD ARTS OFFICE The program's success depends in great part upon careful selection of participating artists. The Project Coordinator, in consultation with the Arts Office staff and YES representatives, will identify teaching artists, seeking Latino representation. Organizations such as Centre Cultural de la Raza, San Diego Institute for Arts Education, Teatro Mascera Magica and CSU-San Marcos and individual artists of color are local available resources. Participating artists will receive special training in gang intervention skills. Carlsbad organizations, including Performing Arts Theatre for the Handicapped (PATH), Starmakers Theatre for the Developmental^ Disabled, Carlsbad Children's Theatre, Carlsbad Children's Museum, Carlsbad Dance Centre, Daniels Cablevision, Barrio Arte, Pacific Coast Concert Band and Patrons of the Arts community theatre, may provide cooperative or contracted services for specifically identified projects. The Arts Office's existing Visiting Artists program may be used for workshops and performances in support of the program. Teaching artists will emphasize positive aspects of cultural identity, the collaborative processes used in arts production and presentation, and creative solutions to conflicts. Participants will develop original works on topics of their choice. Programs may include: 1. Creative Writing and Script Development led by artists from the San Diego Playwrights Project and assisted by the Carlsbad Library's Centra de Informacion, located in the Barrio. (Contract for services, 1-2 months) 2. Movement classes incorporating folklorico, stage fight choreography, African, South American and jazz dance. (Resident teaching artist, 6 mos, 1 -2 guest artists) 3. Music choral music, percussion and other musical forms as the interests and abilities of the participants indicate, (teaching artist 8 mos, 2-3 guest artists) 4. Theatre Skills/Theatre Games (teaching artist 8 mos, 1-2 guest artists) 5. Visual Arts and Graphic Design in cooperation with (1 or more): Barrio Arte, a gang- intervention visual arts organization, the Carlsbad Children's Museum and the Barrio Museum. (teaching artist 8 mos, contracted services w/local orgs) Video documentation covering the project will be conducted by Daniels Cablevision cable access production unit through a Community Cable Foundation grant. Sites for the ongoing evening and weekend activities include Harding Community Center (city-owned) and the storefront Barrio Museum. The Boys & Girls Club has a dance studio, arts studio, gym, pool and recreation room available for evening activities. All three facilities are located in Barrio Carlsbad. Programs will take place during evening hours Monday through Saturday and during the days on Saturday, the times when at-risk youth have the largest span of unoccupied time. Friday and Saturday evenings are particularly targeted as requiring mentored activity. Past successful collaborations between the Arts Office and community members of YES include Visiting Artists, Artists in Residence and Community Cultural Grants projects with the Carlsbad School District, St. Patrick's Church and the Boys and Girls Club. As a municipal agency, the Arts Office operates on a zero-based annual budget and reports quarterly to City Council on stated Goals and Objectives achieved. Budget: Level Two/Three Nate: Government funds not new to your budget should be listed under "Other Funds." Job Title/ CAC/SLPP Rate of Pay Grant (1) (2) A. Salaries Administrative (include clerical) Coordinator 4.500 Artistic (include production and technical personnel) Outside Professional Services Subtotal B. Operating Expenses Rental Space Rental Equipment Office Expenses Travel (in-state) Local Other (specify) Arts Materials Subtotal Rcgranting Grand Total $1000 x 10 mos 20 hrs/wk 4 teaching artists 7,000 10 h/w x $15/h r.u*»st Artists 1,500 Gang Relations 300 Specialists 13 300 Rate or CAC/SLPP Expense Grant 1rOOO 300 700 600 25<J/mile 200 600 1.700 Amount 15,000 C Source of Match (identify sources of income in Applicant Match column) Local Government/County Local Government/Cities Foundation/Corporate Contributions Private Contributions (individual) Earned Income In-Kind (applies to counties with less than 150,000 population) rental spaces, P/of.staff time £ supplies represent as estimated $40,000 Other (specify) additiona, contribution to the YES TO ART PROGRAM Applicant Match ' (3) 5.500 11.000 1r700 800 19.000 Applicant Match 700 700 1.300 800 3.500 Applicant Match 22,500 S S S 22,500 S S S no poo s s Total Match 5 K5ROO See guidelines for appropriate definition of new local government funds under "Matching Funds" sections. 19 REQUESTS(O 2" DC ^Z3 2 O«•eft (ARTS OFFICE 19a a DC O OZ uj ^B • ^< £flOUNTUESTED< ° DC REQUESTi-z DC O APPLICANTO oo CD8 £» 0o CDO O 1 Q2n upport for Assistant Director/ChoreoiCO c^ £re CDs: COCO CDH Starmakers Open AtO4en oo CD8 ffi 0o CDO O T-port for Guest Choreographera 5 CD reEre Q "Q .C if •are reO CM0 4en . oi 0o CDOin port for Percussion Instructora 3 CD CD U. C CD CO O mUJ T3 rem "5 Carlsbad High Scho8 * oo CD 8 ft 0o CDO Oft 0 for a series of five faculty workshopsto the Arts in the Community"^ 52 S CD CO ^ TJUJ CO•c 0 "3 5 1 S S •o1 ooo8 for expenses of free ongoingance workshop series•c £ ct I 1 0 S oo CD S> 0O OOin o for annual summer musical productii•c I c^Q To 3o CO CD i CO 1 Q. coO * oo CD 8 s» 0o CDoin "re.9CO "re re ,2 •c 1 £ To Carlsbad Youth The^^ ^^S O O CD8 £ 0O CDOin CO for year-long free performance serie•e 8 w •o reCDr: 8 oO tore8 D. § * O O CD 5» OO OOo * 0) a. i 3 for a 12-week after-school circus trai, 2 community performances & a parC E I Ia i ECDU. "^ O 4?o 00 CO Q* w i S(O CD•C CD re ^o co § * • o 1 0oo 8.for performing and creativejes at ecology festivalc *• 8 ~a> a 1 3 §^Carlsbad Children'so 4OS oo CD 0O CDO &for nine artist-demonstration atmeetings•c .> CO I CD O ^Carlsbad Oceanside£ 4OS i O 0o 0o artist-in-classroom residencyind two assemblies by artists fromDiego Institute for Arts Educatione ™ co t3 rea .2. w co §. 1 | Q .g> .2 1 CM 4OS oo CD 0O CMCM | 8 for art classes in a local elementary•c g CO | tn\Ji f" re CD CD LU O 'CD re tooO re CO 4 o 0 0 8 «• 0oo'ooft c £ ^. 2 2. €for a series of eight interdisciplinaryes for audiences of seniors & schoole « 1 1 CO ° J2 Senior Audiences, li*• 4en o n §CMCM in CO o C.. erx tJ f'<&. - 3^7^ Me bars t-e. - Z -z •? ( H Blade-Citizen Saturday, December 18,1993 The North County Blade-Citizen Views expressed in columns, guest editorials, political car- toons, letters and community forums do not necesswyy repre- sent the opinions of the North County Blade-Citizen. Publisher Thomas F.Misgett Managing Editor W. Russell Harris Human Resources Director Sandy Allen, • Circulation Director Robert Giambelluca Advertising Director Tony Pallotto Classified Advertising Manager Ira Rosenthal , 'Bars' coming down? • THE GOOD happened to Carlsbad residents last week when the city struck a deal with artist Andrea Blum giving the city control over the controver- sial Split Pavilion. The stark bars that destroy the beachside ambience have had residents up in arms since they were first unveiled almost two years ago. The city will pay Blum an addi- tional $20,000, which, when added to the $400,000 the project originally cost taxpay- ers, makes this a rather expensive boondoggle. We hope the city has learned something from this entire ugly episode and waste of money. Still, after all the out- rage the bars cost, the $20,000 is a pretty good investment in meeting the public's desires and is better than letting this drag on any longer. The north- side bars will come down imme- diately, the rest after five years. Hopefully, this puts the Split Pavilion controversy behind Carlsbad. * THE GOOD happened in Oceanside when the City Coun- cil and city officials banded together to raise $5,500 for the winter homeless shelter. The City Council members and department heads served as waiters and waitresses to about 75 members of the public who attended Tuesday's fund-raiser. Other attendees donated extra money to see staff and elected officials embarrass themselves with pies in the face and arm- wrestling matches. The money will be applied toward a 100- bed shelter set to open in late January. Given the sometimes- hostile nature of Oceanside pol- iheWeek ThatWa itics, it was refreshing to see all parties put aside their differ- ences and egos and cooperate for the greater good. • THE BAD happened in Vista when City Councilman Dal Williams moved to abolish the citizens' advisory group, Vista Visions 2000. True, Vista Visions was out of line in attacking another citi- ..-. zens advisory commit- tee, tiie Vista Town Center Association. True, Vista Visions is often cantanker- ous. True, the group's members can be obnoxious and a pain in the neck. So what? Since when is democracy neat and tidy? Whether the City Council agrees with Vista Visions' rec- ommendations is not as impor- tant as the fact that the group gives a lot of citizens the feeling that they have a vehicle for air- ing their grievances. People are a lot less likely to feel disen- franchised from City Hall if they have a way to protest. And make no mistake about it, Vista Visions has a very active con- stituency that will find other ways of raising a ruckus eVen if the group is disbanded. • THE GOOD happened for Encinitas when the California Coastal Commission approved the proposed commuter rail and bus transit center. This important project will help bring Encinitas— and all of North County — up to speed with commuter rail. Mass tran- sit is one of the most effective ways of combating freeway overcrowding and increased air pollution. Want to buy a bit of 'The Bars'? Part of Carlsbad's controversial "Split Pavilion" artwork along the coast is coming down. By Gina Armbrust Staff Writer Now that the "Split Pavilion" bars are coming down — or at least part of them — the city is trying to find a way to turn the bars into money. The Arts Commission will explore the possibility of auc- tioning the bars to those who want a reminder of the costly and controversial artwork. The sculpture lies along the coast near Carlsbad Boulevard and Ocean Street. Carlsbad residents have urged the city to take down the "The Bars" artwork since its unveiling in 1992, saying it is an eyesore. Residents say the sculp- ture — 8-foot-high galvanized metal bars, concrete benches and reflecting ponds — inhibits the ocean view. The city reached agreement last week with artist Andrea Blum of New York to remove bars on the north side of the sculpture and replace some landscaping. The city will pay Blum $20,000 in the settlement. The remaining structure must stand for five more years under the agreement. At that time the city will hold public hearings on whether to remove the remain- ing structure. The city commis- sioned the work at a cost of $400,000 in 1991. Thursday, December 23,1993 - Carlsbad Sun — 5 So much about the good old days, which were not so good at all. Life was hard. Marv Randall See column below a a jgh bad •am !8U8 ton, ife." mas will Jr. bad City officials should reflect on -'Bars' folly A city of Carlsbad press release says the city's new agreement with the artist who designed the Split Pavilion achieves "a historical milestone" in solving controversies over public art. This statement represents a futile effort to put a fig leaf over a major municipal embarrassment. EditorialTo briefly recount the history of the structure overlooking the beach near Carlsbad Boulevard and Ocean Street, the city commis- sioned the work by New York artist Andrea Blum as part of the Street- scape project to beautify the downtown area. However, the concrete and metal structure met justified criticism that it didn't fit the coastal site. Some 15,000 people signed petitions asking that "The Bars" be torn down. The city then sought to alter the artwork but was hampered by laws prohibiting changes in public artwork without the artist's permission. Under the new agreement with Blum, the city will be able to remove 90 feet of metal bars on the north side of the sculpture. In five years, the city will have the right to decide whether to remove the rest of structure. While the agreement may make the best of bad situation, it is hardly a historic victory for the city or its residents. For one thing, when all is said and done, the city will have paid close to ha)jf a ntillion dollars for an artwork widely viewed as an ugly and offensive blot on the seascape. Blum was awarded a $400,000 grant to create the project. The city agreed to pay another $20,000 to Blum as part of the just-concluded agreement. If the city ends up removing the sculpture and replacing it with pave- ment, city officials have estimated that work would cost between $25,000 and $50,000, And these figures leave out the legal costs incurred by the city that are attributable to the artwork controversy. And one more thing, the agreement leaves Carlsbad stuck with most of the Split Pavilion for at least five more years. Then again, this may be for the best. City officials will have five years to look at "The Bars" and reflect on the mistakes in judgment that saddled Carlsbad with a unwanted addition at such a high cost.I Carlsbad elated by 'Split' decision City, artist chisd out agreement on sculpture By OAYNA LYNN FRIED Staff Writer CARLSBAD — In what elated officials called a victory for the rights of the public, the city reached an agreement yesterday with a New York sculptor to tear down part of her "Split Pavilion" art exhibit that has blocked a view of the ocean here for two years. But ultimate victory — razing the entire 7,500-square-foot trian- gular exhibit that has been nick- named "Hibachi Park" and "the Go- rilla Cage" by irate residents — is still five years away under the agreement, City Attorney Ron Ball said yesterday. And the city will pay artist An- drea Blum another $20,000 to cov- er her legal fees in the dispute. The city originally paid Blum $20,000 for her work, and spent $380,000 more for materials used for the exhibit. Ball said the city immediately will be allowed to remove some 90 feet of galvanized metal bars on the north side of the public artwork and replace some dreary, drought-tol- erant plants with colorful landscap- ing. But several hundred feet of the bars will remain along the inland side of the bluff-top sculpture on Carlsbad Boulevard at Pine Street. "It's been a long fight and I'm pleased that it's over," Mayor Bud Lewis said yesterday. "Even though we can't take the whole thing down, at least we can plant some beautiful foliage to ease the pain." Added Blum's attorney, Stephen S. Rohde, of Beverly Hills, "We are very pleased with the settlement and think it fairly accommodates Andrea's moral rights as an artist." "Split Pavilion," commissioned by the city in 1991, has been castigat- ed by residents ever since its un- veiling in 1992. Critics, contending that the work was ugly and blocked their ocean view, collected more See Pavilion on Page B-4 g i* . S 0<u ° •§ >,ta i 0 tJ i! <U B •2 i « -8 <co> 1-1 <v .V 00 £ ~ -• • ^ ~* 1—ti>,™4-i^sC .<»-^ijr^g 1 lES-Sf.s|ji* fi^ S a -S § I -s.tl § j- c .=. o c *-T3 S O MM. .Si ^roui8|s|^ - - ^ ^ .52 -2 wi aj ^ ^ .§" •s «3 <u.2 H3^ « o°•a^gTa^JjSF3"-"!!)m .ti a; 'S H S „ "-! ., « -f3 CITY OF CARLSBAD — AGENDA BILL AB* /«, 5/4- MTG. 12/14/93 nppT CA TITLE:APPROVAL OF SETTLEMENT AGREEMENT AND CONSENT JUDGMENT IN THE CASE CITY OF CARLSBAD V. ANDREA BLUM DEPT. HD. CITY ATTY(HP CITY MGR^v \ ^ RECOMMENDED ACTION: It is recommended that the City Council approve the settlement agreement and authorize the City Attorney to execute the consent judgment to settle the case of City of Carlsbad v. Andrea Blum. ITEM EXPLANATION The City commenced this action for declaratory relief in the Federal District Court on March 18, 1993 in order to determine its rights and duties under both the Federal Visual Artists Rights' Act of 1990 and the California Arts Preservation Act. After the lawsuit was served and filed, settlement negotiations were commenced leading to the attached settlement agreement. Under the terms of the settlement agreement, the City would remove the north bars (pursuant to paragraph 5) and relandscape (pursuant to paragraph 6) the Split Pavilion now giving notice pursuant to paragraph 17. In approximately, five years, the City would hold hearings and decide whether to remove the remaining bars and most of the remaining structure. The city will pay Andrea Blum the sum of $20,000. This settlement agreement achieves a balance between the artist's reasonable expectations for a work of this relatively permanent nature and the City regains the right, after a period of approximately five years, to remove the remaining bars and structure. In the meantime, it is treated like any other public work. The court must approve the settlement agreement as the final step. It is anticipated that the court will do so. The attached agreement sets forth other details in completing the settlement. FISCAL IMPACT A lump sum payment of $20,000 to the artist and routine maintenance costs for landscaping, water, power and other items. An unknown future cost, should the City decide after public hearings, to remove the remaining project. EXHIBIT Settlement Agreement Consent Judgment O O 3OO 13:41 PETER H. KPRLEN flPLC * 6194348367 NO. 517 P14 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 22 23 24 25 20 27 28 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA CITY OP CARLSBAD, a aaaidpBl ) CIVIL ACTION NO. 93-430 SCM) corporatioa established aider taa ) tews of ta* Staia of Califoiala. ) aad HOUSING AND RE- ) DEVELOPMENT COMMISSION OF ) loverasaeat aaaacy established aadar the law* of the State at Califarala. Waiatlfft, ) AND1EA ELUM. Dafeadaat. Taa aartlaa, i 1993, attached ImhUfl.Hftilijj City of Carlsbad COTY*) aad Hoa*ia| tad the City of Carlsbad fAQlNCn, PUiatifft, Dafeadaat, aaviag settled taair dispata nadar af taa SattfeaMat AtraeaaHt of Danemher 15, as E>alU« A <AOmJUMBNTX aad dadriai ta have CT'd 12/-08/33 13:41 PETER H. KflRLEN flPLC - 6194348367 NO.517 515 10 11 12 13 14 16 16 17 ia 19 20 21 22 23 24 26 20 27 28 the teraw ud eeadiUoaa of the Aireeawat catered bercia u a judgment of the Coart. tad for toad cause tpoeeriai therefor. IT IB HSESBY ORDDtBD, DBCBJSCD, AND ADJUDGED ta«C (1) UM term*, «ov««aats, ceawau, vaivon. &«d eoaditiOM of UM AGK2ZMBNT. Md tfat AGKBZMENT ia its catirtty. itell bwoow the judfmeat of thb Cdwt, tad the panics ire ordered to eoapiy vitt til the torn* oottdlUoai. coaaeao, waiven. tad oavoaaatt thcreia; aad (2) acitfacr Plaintiff* oox Drf«ad>at la tab tctioa shall tako aaythiaf by this aetioa other taaa the beaoflti of tao tenaa aad eoaditiaaa of their Senleaeat Asrccacat of December 15> 199), each party to bear it» o*m eoxts aad attoraay1* fee*. IT IS ORDERED that jadfBMat be eatered ««eordiafly. Dated; JUDGE OF THE UNITED STATES DISTRICT COURT CITY by Oaade A. Lewia,Aad by daade A. Lewie, PT'd 12/08/93 13:42 PETER H. KPRLEN flPLC •» 6194348367 SVd "WiOJ. NO. 517 PIS 8 9 10 U 12 13 14 16 16 17 IS 19 20 21 22 23 24 25 2fl 27 28 u to fora: ft«a«M R. BftlU Attorney for CITY tad AGENCY P. Kohde. 4 Vlotoraf f. for BLUM Approved u to fone Nttr H. of NMT H. KarlM AJJLC, for OTY tad AGENCY Ct'-l 12/08/33 13:33 PETER H. KflRLEN flPLC •» 6194348367 NO. 51? 503 35.; P»*g- December 15. 1993. City of Cariebed. with principal offices it of 1200 Carlsbad Vllltfe Drive, Carlsbad. California 92001-1919 ("Cmr); Housing and Redcvelopatat Cosnaimlou of tk« City of Carlsbad. with principal offices at 1200 Carlsbad Villaie Drive. Carttbad, California 9200t-l9t9 CADENCY") (CITY tad AGENCY referred to cottcctJvcty M •CARLSBAD'}: aad Aadrea Blum % Rohdc * Vfetoratt. 1MO Century Park Bast. Suite 411. Lee Angeles, CA 90067 (-ARTIST-). 3. Afsitall. CARLSBAD eoauouaaloaed ARTIST to design a wofk of in entitled •Split Pavilion' (-WORK-) for buttltttiom io the City of Cmrtatad, Coaaty of Sttt Di^to, Stou of Ctliformto Mtr Oeem Street between Oak ted Plat Avcanes usder M tsrammt berwcw CITY ud ARTIST dated July 10, 19S7 CAflREEMENT-), the itnuture embedyiat iMk WORK, beini compkicd on Febnanr U t9M (INSTALLATION DATTT. A diipaw kat tfiaaa betweea ARTIST aad CARLSBAD, ARTIST elaimiai that she au moral rifhts uoder State aad Federal law* to that the Knwtore aunt be preserved, aad CARLSBAD taking the opposite position. CARL1BAD eomaeaeed a eait la the Ualud States District Court for the Southern Dbtrtet of CaUfdnia. C«ae Na 93*430 KM), for deetaiatory relief (-ACTION*). which ACTION h ocadlaa. 4. Pif*^*^. The partiei with to settle their dispute, tod resolve the ACTION by fttreeiaf to t couemt jedsoteat In the form indicated at Ithlhtt A attached hereto ("CONSENT JUDOMSNT)' To do 10, they asree to the following eourus of action and covenants. CARLSBAD may remove the ban on the North side of the structure ("NORTH BARS") at any time but matt leave the concrete will on the North aide of th* stnotate intaet at least for the daratioa of the period set forth at Paniraph ? below. Upon removal of the NORTH BARS, the holts, if any, shafl be patched to natch the tsJttias concrete, and the cut railing will be talvaaised to awteh the end of the rafflae, at tat tenth end aecordlns to the speeifleatloae set forth at Ixhlhlt B attached hereto. la ooasideratioa for the prerogative under this Atfoemeai (but not the obUftdoa) to remove the NORTH BARS (whether or not CARLSBAD excrcuca thai prtronntivtK aad In cootideration of the waiver of calmed metal ri(hts as applied to the NORTH BARS (mentioned below u Puatraph 14). CARLSBAD shall pay ARTIST the sum of 110,000 thirty (30) daya after the date hereof ox en the first day of the reaovtl of the NORTH BARS, whichever IB etrliec. if CARLSBAD electt to exertiae itt rifhta itrtrr Paragraph 5 above by giving notice of neh election to ARTIST, CARLSBAD shall alto alter the foliage within the structure (•LANDSCAPING*) by supplementing some of it aad replacing other parta of it with the foliage identified at Exhibit C attached hereto, according to the planting plea depicted tt Exhibit 0 attached hereto, which shows the LANDSCAPING tt it will appear ftfter CARLSBAD exercises its prerogative aad the existing LANDSCAPING Is supplemented aad replaced. In consideration of the ZB'd <UU^6»S»6T9T 01 12/06/-93 13:34 PETER H. KflRLEN flPLC •» 6194348367 NO. 517 004 prerogative ander this Agreement (but aot the obligation) to auk* the LANDSCAPING changes (whether or aot CARLSBAD exercises that prerogative), tad in considcntlen of the wnlvcr of moral rights lm relation to the LANDSCAPING (mentioned at Paragraph, u below). CARLSBAD shall My ARTIST the sun of $10.000 forty-five (49) days after the date hereof gr. «• th« first day of the removal and attention of U* foliate, whichever ii earlier. la the event that the plann presently teloeted it Exhibit C prove to be incompatible with the site or with eaob other or have difficulty sitrviviai in the environment, CARLSBAD may replace them with other plaits having similar qaalities In terms of heifht and appearance, provided that none of the replacement plants shall be more than three ()) feet In height Moreover, before undertaking any such repineements, CARLSBAD shall smbmit to ARTIST, for her eomments. eritlcauu. and review, eolor illuatrationa or other photographic mamrials showing the now ptaats to be wed along with a oioposed planting plan, and shall rally consult with ARTIST in connection therewith, though ARTIST thall aot have the right to withhold approval. 7. ».yflavml tf futlr* amipyyrp &r Qth«f P**ft Thereof. CARLSBAD may remove the entire structure. Including, without limitation, the walls and eoncrate beaches, anytime after 7S months from the INSTALLATION DATE, leaving no part of the structure intact, except that CARLSBAD than not bo required to remove the North walls, the soil, and the groead-fevcl concrete, all an depleted ia Exhibit B hereto. If CARLSBAD leaves the soil intnct it mast remove all plnats thcTCoa (though it may replant the area), and it must cover all, or substantially all. of the East-West walkway depicted In Exhibit E. Notwithstanding the foregoing, before CARLSBAD taken any action in rctelieo. to removal of the strvetura, other thaa the actions mentioned above with respect to the NORTH BARS aad the LANDSCAPING, CARLSBAD, or at least CITY, shall hold public hearings on the removal aid the impacts thereof to allow dtisaa SapuL Once CARLSBAD exercise* its removal rights it Bay also auka other changes to the site. The West raiUags aad West retaining walla, depleted ia Exhibit E, are aot considered part of the structure aad may be maintained or removed ia CARLSBAD'S discretion, t. Czsdio, ARTIST shall be eatltled to sou-credit as the sole gather of the WORK. CARLSBAD disclaims aay authorship1 U 111 WURK nad will do nothing to Interfere with ARTISTS above-meaUoaed entitlement to credit, though the parties understand thnt CARLSBAD eaaaot prevent other persons from claimiag credit, including, without limitation, the architects. Notwithstanding tie foregoing, if CARLSBAD exercises say of in rights ander Paragraphs 5, ft, or 7 hercaader, it may describe aad publicize in role ia taking such actions. *• PuMtrftir Either party Is free to pablieiae its version of the dispute aad this 10. HijaBinajMuV Uakm aad aattt CARLSBAD excreta* its removal rights under Paragraph 7 above, CITY narces to maintain the structure as it would any other similar wmmloinal structureT saca maiateaaaca ooiiaationa to extend to the entire structaM, inwiudiag the pools of water* lighting. LANDSCAPINO, remaining bars, aad concrete structures. [«*fWtetf\«tthtad.»«S) 13:35 PETH? H. KflRLEN PPLC * 6194348367 . NO. 517 CARLSBAD agrees to fuiiy indemnify AUTIST from against any and all •laims, deaandi, lawsuits, tad aetioas arialag from or connected with the WORK or the structure from the date of this Agreement until suefc time an CARLSBAD exereise* it§ reawval ri|hti nader Paragraph 7 above. such ifldemaifleatioa to eover in .losses, damages, judgmeats. award*, mtUmeau, decrees, art expenses (iaelndlng. without limitation, attorney's feet sad costs) arisini from or connected with »ay snch claim, demand, lawsuit. or action. Notwithstanding the foregoing, taie indemnification shall only extend to third-party elaims Chat aria* from the data of ihJa Afreeaeat vatil CARLSBAD ezereiws iti rifhti oflder Paragraph 7 above 12. gaaMnt indmmtiAt. Upon cxecutia| thii A|reeaieat the parties thall also coaearrcatly eaeeote the CONSENT JUDGMENT tad rabait the MOM to the Com for catrj. . IX Raatrjetioa* a« gAftLSBArm afflaertv rt«hte. DwriM ARTISTS life tad for fifty (50) yean thereafter, CARLSBAD thaU aot take tay aetioa to distort, mutlUte, modify, deface, destroy, or remove the WORK or the structure other than those actions explicitly peraaitted by this Afreesatat. 14. waiw af ftfii*«i e^iit*. ARTIST LANDSCAPINj?. the removy of fhfl WQ UFmure. iT"pWvlded above at Paragraphs 5. 6. sred as distortions, matilntions, medineatiou, alterations, defneemeata, or destroctioaa, in violation of the moral right*, or any other rights, claimed by ARTIST nader existing or future laws. ARTIST agrees not to, directly or indirectly, oppeee CARLSBAD it wowing any accessary permits, permissions, or approvals, if any, in connection with CARLSBAD properly axereiiinft its rights under Paragraphs 5, 6, or 7, above, nor shall ARTIST assist,encourage, sponsor. or finance nay other peraoas in doing so. Additionally. ARTIST warrants that nil persons and entities that have provided her with service*, assistance, or support in connection with the ACTION (Lc, her attorneys and People for the American Way) wilt noc toko nay measures to hinder the proper exercise by CARLSBAD of its rights under Paragraphs 5, 6, and 7 above. A failure of the above warranty shall be deemed a breach of this Agreement on the part of ARTIST. IS. M-»—t »•!•*••* CITY and AGENCY, on behalf of themselves and theti respective successors and assigns, hereby filly release and discharge ARTIST and ARTlSTs sasMSsuis, sasigas, heirs, personal representatives, insurers, licensees, employees, agents, representatives, attorneys, and accountants (hereafter "ARTISTS AFFILIATES*) from and against any and all claims, demands, actions, and causes of action arista! ftom any and all events, conduct, acts, omissions, torts, breaches of contract, blenches of warranties, Indemnity obligations, infringements, or violations ensuring or bappcnis* from the beginning of the world to the ante of thta Agissmeii. indndlag without limitation all claims that were or could have been assorted by CARLSBAD in the ACTION, by claim or coentet-eiaim, or otherwise, ARTIST, en behalf of herself and nor heirs, successors, assigns, sad personal representatives, hereby fvtty releases and discharges AORNCY and CITY, and AQ£NCY*s and CXTYH successors, assigns, lamuers, licensees, employees, agents, representative attorneys, secountnnts. officers, and directors (hereafter •CARLSBAD'S AFFILIATES-) from and atainst any and all claims, demands, actions, and causes of action arising from any and all events, conduct, acts, oai&sioft*. torts, breaches of contract, breaches of warranties, indemnity oMigatioaa, infringements, or violations occurring or happening from the beginning of the world to the date of 12/88/53 13:36 PETER H. KPRLEN flPLC •» 6194348367 NO. 517 B06 this Agreement. Including, without limitation, all claims that were or could hav« been asserted by ARTIST in the ACTION, by dalm or counter •claim, or otherwiie. Eaeh of the parties hereto represents and warrants that it or ihe has not heretofore assigned or transferred, or pvrporud to assign or transfer, to any other person, firm, corporation, or antiry any claim, demand, damage, debt, liability, account, action or cause of aetioa herein released, Each party hereto agrees to indemnify and hold harmless each ether party hereto, u well as that party's AFFILIATES, against aay claim, demand, damage, debt, liability, account, action or cause of action, cost or espenss including any and til attorney's feet paid or incurred, sriaing out of or in connection with any such transfer or assignment or purported or claimed transfer or assignment Eaeh of the parties hereto expressly represents tnd warrants that she or it has the authority to bind any person, firm, corporation or entity which has any right, title or interest ia the claims, demands, damages, debts, liabilities, accounts, tetioa* aad causes of tetioa herein released. Each party hereto agrees to Indemnify tad held harmless each ether party hereto, as well as that party'i AFFILIATES, against aay claim, demand, damage, liability, action, cause of tetioa, cost or oxacase including any and ail attorney** fees paid or incurred, arising out of or ia eoaneetioo with the defense of aay daim, demand, debt, damage, account, liability, tetioa or cause of action herein released which is brought by any such parson, firm, corporttlon, or entity. 16, (a) The geaeral release memtieaed above at Paragraph IS applies to all claims, kaowu or makaowa, taspeetad or aaaaspeeted, baaed apea cvcatt, conduct, aeta, ftmiaaloea. torta, breaehea of ooattaet, traaahes of wirraatiaa, iadeaaity obligations, lafriatemeata, or violatioaa oeearriaf er happeaiaf from the begiaaias of the world to the data of the Agreement Moreover, ike parties specifically waive ail of their rights ttatfef laedea. 1S42 of the California Civil Code aad under timJlar provisions of the laws of nay other jurisdiction. Said Section. 1542 reads u followc Seetleai 1S4S. Cotaia. A general release docs not extend to elsims which the creditor does tot know or suspect to exist in his favor tt the lime of CMsntinf the release, which if known by him must have materially affected his settlement with the debtor. (b) No perry to this Agreement admits liability to the other party, tod CARLSBAD hereby does not admit that ARTIST has any moral rights to the WORK or so the structure; moreover, ARTIST does not admit that such moral rights do not exist. The covenants, releases, permitsions. waivers, aad payments hereuador are for purposes of sertlemeat only. 17: tttttfSffA AH notices between the parties meet bo given in writing and sent by fax or by overnight courier, retunreeeipt reqaested. Fazed notions shall be seat to CAKLSRAD nt «19) 434-1347 and to RLUM tt Rohde aad Vietoroff at (310) 277.14SS. end shall be deemed given on the date of transmission if the party giving notice maintains an electronic jonmel snowing the successful tmncmieiion. Notices sent by courier shall be tent to the parties tt their addresses indicated above at paragraph X and shall bo deemed given two days after the written notice is delivered to the courier. Notion of change of fax number and change of address shall be given with the same formalities. The payments mentioned 12^8^3 13:36 PETER H. KflRLEN flPLC •» 6194348367 NO. 517 507 above at paragraphs 5 tad 6 ihall be ia the form of check* nado out to the Rohde aad VJotoroff CUcat Trut Accouat aad «c« by overaiaht conriar to th« addrea indicated above at paragraph 3. la. ^MtaettL_££BXiftifiaL (a) Tbi* Agrccmeit UaU be goveraed by the lawa of Callforoia aad biad aad beaeflt the heirs, successors, aadgaa, aad peraoaal represeatatives, if aay, of the parties hereto. This Agrceaxat rcpraaeaa the eoiBpleta vadantaadlag between the partlea aa to Ita sabjeet amui aad auperaedes all prior uaderaaadiaga, if aay. aa to itt subjeet autter. No •JOdUleatioa or aamdmeat. aor aay promise, waiver or repreaaatatioa (past, projtat or fatiire) ahall be valid or biadlag ualeas made ia writiag aad slaacd by the party to be boaad thereby, la all legal proeeodlaga berweea the partiea, the prevailiag party •hall be aatitled to ita reaaoaable attoraey't feea aad ootta la addition to aay other relief to which it eiay bo entitled. (b) This Agreeauflt shall bo deemad to have beaa atttkorad aad drafted by all partiea. after eoatultatioa with their respeetive eooaaei, ia aa ana»4cagth traaiacdoa, ao that aay iaterpretatioa thereof shall aot be agaiast aay particwlar party oa the grouada that it was the sole aathor of this (e) Thia Atraamaat auy bo executed in ewatarpara, each of whioh ahall be equally valid aad biadiaf. 19. B«<a»dB«L. Tab AaraaaMat ia cxecatcd at Carlabad» Califoraia oa tha data first wrirtea at Paragraph 1 abova. CITY OF CARLSBAD (CITY) BOUfJNC AND COMMISSION Of THB CITY OF CARLSBAD (AGENCY) By: Claode A. Levia, By: daade A. Lawk, Mayer Caalraua AMDRIA BLUM (ARTIST) 12/a8/"93 13:37 PETER H. KflRLEN flPLC -» 6194348367 ___NO.517 OT8 UNITED STATES DISTRICT COURT FOU THE SOUTHERN DISTRICT OP CALIFORNIA ) CIVIL ACTION NO. 93-430 S(M)CITY OF CARLSBAD. • muaiclptl coraoratloa established mader the laws of the State of California, and HOUSING AND REDEVELOP- MENT COMMISSION OF THE CITY OF CARLSBAD, a localaovcrooMQt ageacy established ua4«r the lawa of tlM State of Califonia, v. ANDRZA BLUM. The partial, City of Cariibad OJITY") aa4 Radavelopmcat ComaUiiion of th« City of Carishad (-AGENCY-), PUJari/ft, aatf Aadna Blua (^LUNf), Defaadaau tattled their dispute under the teras tad coadidoot of the Senlemeat of Deoeaiber IS, 1993. attached hereto as RxhOHt A (AGREEMENT), aad desiring to have the teffltt aad eoadidoas <rf the AGREEMENT eatertd herein as a jvdfaMfll of the Covrt, aad far food eavse appcariaf therefor. IT 0} HEREBY ORDERED, DECREED. AND ADJUDGED thae (1) the terms, eovvaaata, nmiaiata, vai«wn, i«4 eoaditioaa of the AGREEMBNT. and *h* AOmJEZMBNT la Its eatirety, shall heeosae th« jodamMt of thi* Covrt, and the parties ar* ordered to coolly with all the terms, eoaditioos, coaseata, waivcn, sod 12/08/S3 13:38 PETER H. KflRLEN flR-C -» 6194348367 NO. 517 509 eoveaaats thereia; aad (2) aeither Piaiatifft nor Dcfeadaat ia this sctioa shall cak* aaythinf by this setiea other thaa the beaefits of the tenu aad eondiUoaa of the AGREEMENT, eaeh party to boar its owa eocts aad attoraey's fees. IT [3 ORDERED that jadiaeat be entered eeoordlafly. Dated: AJDC2 OF TUB UNITED STAT1S DISTRICT COURT CITY by Claud* A. Lewia, M»yor AGENCY by CUvde A. Lewis, ChaJraua Approved as to f« Rooald R. BalU Attorney for CITY aad AGENCY Approved ai to forac Stephen RoMc. of ftohd* A Vlctorof fAttoraeys lav H.UM Approved afl to forax Peter H. Ktrlea, of Peter H. Karlem AJX.C Attoraeys for CITY aad AGENCY 80"d iZififrS^6t9t Cli 12/08/33 13:38 PETER H. KflRLEN PPLC -» 6194348367 NO. 517 010 Who* the northerly nil it removed wlMrt the ban awei at the east-aorta iatefteetioB, • 6-ioeh aantiltvcr oippto will txMad bcyoad the matt northerly venletl Milfe* u thowm Mow CARLSBAD win out tfct aippte back to the first vertical rail to a eoafismrattoa that oatebe* th4 Other «a4 of that rallias. La, will ««t» wild, and oap finish to matth the Math cad (b). r i (b)rn i J > ««»Ct»tTOT 12/08/S3 13:39 PETER H. KPRLEN flPLC - 6194348367 NO. 517 511 '^53ii5BS3B3iBE355*^~* * ' ' *' •"••••••• ~^-u^ I^:^---Ji?« fSS^SffiBSfpauWl! 1. Poaotftii Gr«« 2. Dw«rf Flu («dtttaa) 4. 9. C 7. Laatfcitbu (Saall Ic**U«t) Sem LavcwUr AiM <Vwm) Bcklw «t»« OT ' 12/08^93 13:39 PETER H. KflfiLEN flPLC * 6194348367 NO.517 512 id IT'-I 12/-08/S3 13:40 PETER H. KflRLEN flPLC -» 6194348367 NO. 517 513 M« LANMCAHNC arm It Thursday, December 16, 1993 THE SAN DIEGO UNION- TRIBUNE OPINIOI NORTH COUNTY VI EDITORIAL Carlsbad's public-art folly City still must live with parts of an ugly sculpture t is tempting, when contemplating Carlsbad's agreement with sculptor Andrea Blum for the eventual dismantling of the ugly Split Pavilion artwork, to say: "Good job. Glad it's over." But it really isn't over, and it wasn't that good a job. Sure, the city does get to tear down immediately some 90 feet of the galvanized metal bars that block the view of the ocean. But several hundred feet of those tall bars will remain standing on the bluff along Carlsbad Boulevard for another five years — a public reminder of the city's folly in venturing into the world of public art. Another, not-so-public reminder: Carlsbad has to pay New Yorker Blum an extra $20,000 in legal fees to acquire the right to demolish the sculpture eventually. That doesn't include the city's own legal costs, or the $20,000 it paid Blum originally, or the $380,000 it paid for materials — which, besides the bars, include cement benches, two reflecting pools and some unattractive ground cover. So, Carlsbad spent $400,000 for artwork that seem- ingly nobody liked, and now it must pay an extra $20,000 to live with it for another five years. Good bargain. All because of a state law that prohibits any change ir public artwork without the artist's permission. But there were alternatives. First, the city might have received help from Sacra mento, where a bill sponsored by Assemblyman Bil Morrow, R-Oceanside, that would have given Garlsba< the right to change the sculpture had cleared the.Assem bly. There was a reasonable chance it would have passec the Senate next year. Then, too, Carlsbad simply might have moved Spli Pavilion on its own, leaving to Blum the onus of any lega challenge. True, there probably would have been one but the city might have won. The artwork law is some thing that should be challenged, and transferring a sculp ture intact to another location — such as a warehouse — certainly doesn't change its design. That might have been risky and eventually could hav cost the city more than $20,000. But, given that roughl 15,000 residents have signed a petition to tear it down,: also would have been a bold move in the public's interes Instead, Carlsbad opted for a wimpy cop-out. CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1989 (619)434-2891 RONALD R. BALL FAX: (619) 434-8367 CITY ATTORNEY KAREN J. HlRATA December 17, 1993 DEPUTY CITY ATTORNEY Editor The San Diego Union-Tribune 350 Camino De La Reina San Diego, California 92108 RE: YOUR EDITORIAL OF THURSDAY, DECEMBER 16, 1993 ENTITLED "CARLSBAD'S PUBLIC ART FOLLY" Dear Editor: I wish you had researched your editorial (Carlsbad's Public-Art Folly) appearing in the Thursday, December 16, 1993 edition more thoroughly before you had published it. Had you contacted me, any of the other attorneys involved in this case, or any attorney knowledgeable in intellectual property laws, you would have discovered that the Split Pavilion was claimed to be protected under both the federal and state laws. Merely changing the state law would not resolve the issue. That is why Carlsbad filed its law suit in federal district court seeking a declaration of its rights and duties under both laws. The City of Carlsbad had considered all of the alternatives and many more set forth in your editorial and determined to do the just and proper thing by resolving this dispute within its understanding of the law. Your opinion urging the City to in effect "take the law into its own hands" is ill-advised and impractical. Split Pavilion is made out of steel and concrete and moving it to a warehouse, even if it could be done, would be a monumental task, costing enormous sums of money and effort. It would also expose the City to a potentially multi-million dollar lawsuit under both state and federal laws. We are a nation of laws and even though 15,000 citizens sign a petition to tear down an unpopular art project, it is not a necessary or sufficient reason to do so if the law protects it. It was the City Council's courage and wisdom in the face of such extraordinary public opinion that allowed this matter to be resolved under the law. Very truly yours, RONALD R. BALL City Attorney afd t at S'J 32: t- 'W & mi-'±. i* 7 » fc a v^ *T 2 S S ^ ^ * 'Xtf *, 75 Sft «l «. V 15