HomeMy WebLinkAbout1998-01-29; Arts Commission; MinutesMINUTES
Public Hearing
Design Review Board/Arts Commission
Thursday, January 29, 1998, 6:00 p.m.
City Council Chambers
Public Hearing called to order at 6:10 p.m.
Present: Arts Commission
Commissioners Wood, Lignante, Kacher, Chartier, Pynes, and Willis
Design Review Board
Board Members Welshons, Savary, and Marquez
Absent: Arts Commission
Commissioner Batter
Design Review Board
Board Members Compas and Scheer
Staff: Connie Beardsley, Arts Manager
Debbie Fountain, Acttng Housing and Redevelopment Director
Mark Steyeart, Parks Development Coordinator
Robert Johnson, Engineering Department
Chairperson Welshons introduced the panel and staff to members of the audience. She
explained the informatton outtined in the handout regarding the meettng, including the
background of Split Pavilion and the procedures to be followed for the hearing process.
Debbie Fountain, Acting Housing and Redevelopment Director, reviewed the
background of Split Pavilion. She explained that the artwork was designed by Andrea
Blum and was installed as part ofthe Village Streetscape Project in 1992. She stated
that it is located at Ocean Street and Carisbad Boulevard and has been a source of
public controversy. Ms. Fountain mentioned that an agreement was negotiated between
the City and the artist with regard to the future ofthe artwork. She stated that the
agreement included that the artwork would remain in tact for at least five years, or untti
August 1998. She added that the agreement required that two public hearings be held
prior to removal of the artwork, and that this evening was the first of the two public
hearings.
Ms. Fountain explained why the Arts Commission and Design Review Board were
selected to participate in the public hearings. She added that after the two public
hearings, the panel would prepare a report to the City Council on the findings ofthe
public hearing. She mentioned that a replacement for the artwork would not be
considered during the two public hearings.
Split Pavilion Public Hearing -2- February 1, 1998
Connie Beardsley, Arts Manager, showed slides which portrayed the area prior to the
artwork being installed. Mrs. Beardsley read from the negotiated agreement as to what
may be removed after August 1998. In addition, she showed drawings of which part of
the artwork can remain, what was there now, and a computer rendering generated to
show what the site would look like if Split Pavilion was removed and grass was placed
on the site.
Mrs. Beardsley added that the Engineering Department esttmated that it would cost
$140,000 to remove Split Pavilion and replace the area with turf. She stated that
$420,000 has been spent on Split Pavilion to date, including cost ofthe artwork, legal
fees, and removing the north walls.
Questtons from the panel included the following:
Chairperson Welshons asked what condition the remaining soil would be in if the
artwork was removed. Mrs. Beardsley responded that some grading would have to be
done.
Chairperson Welshons queried as to the nottcing that was given to the public regarding
the public hearings. Mrs. Beardsley responded that commencing the beginning of
January, notices were sent out which included sending press releases to local
newspapers, public service announcements appearing on television, flyers being
distributed to local stores, and presentattons being made at the merchant's meettng.
Chairperson Welshons asked for a breakdown ofthe $140,000 esttmate to remove Split
Pavilion. Robert Johnson ofthe Engineering Department described each ofthe 13 items
included in the esttmate.
Board Member Marquez asked ifthe sidewalk adjacent to Carisbad Boulevard would be
affected, and Mr. Johnson responded that most ofthe sidewalk should be able to
remain.
Board Member Marquez asked ff the traffic flow in the area would be sustained, and Mr.
Johnson replied that the intent was to sustain it, but ff necessary, It may require traffic
control.
Board Member Marquez asked ff Split Pavilion was removed, how soon could it be
started. Mrs. Beardsley responded that it could not be done unttl August of this year.
Board Member Marquez questioned how long it would take for the demolition, and Mr.
Johnson answered that it would probably take about 30 days or less.
Chairperson Welshons opened the public testtmony at 6:27 p.m. She explained the
procedures for the public testtmony portion ofthe Public Hearing and mentioned that the
panel was not empowered to make binding decisions on the issue. She added that the
panel would listen to the speakers, and then would summarize the information at the
end ofthe meettng.
split Pavilion Public Hearing -3- Febmary 1, 1998
Commissioner Wood asked what the sequence of events would be after the public
hearings, and Mrs. Beardsley explained that the panel will make a report of the findings
after next week's hearing. She added that should the commissioners wish to make a
recommendation, they may do so. The report will go to the City Council, tentattvely set
for February 17, 1998.
Jim Watson, 3283 Lincoln Street, Carisbad, (Remove Split Pavilion) asked Chairperson
Welshons ff she could objectively hear the comments since she made the statement
that a lot of people found it hard to swallow the $140,000 cost of removing Split Pavilion.
He wanted to know who those people were. Another question he had was that no
diagrams were attached to his copy ofthe contract that the city had with Andrea Blum.
He questioned why those diagrams were not made part ofthe public record five years
ago. Mr. Watson added that the pictures shown were nice views ofthe park taken from
the second floor, and not the first floor.
Mr. Watson also wanted to know what was the cost ofthe bars that were removed, and
whether or not the esttmate for removal of the artwork went out to bid or was it just an
estimate from the City. He expressed his concern about the demolition of the arttA/ork
being an "all or nothing" proposition, and questioned whether various City staff deserved
to receive bonuses.
Mr. Watson stated that there was an intention to scare people and questioned whether
the wording on a ballot, ff the issue went to a vote, would be "Yes, Split Pavilion should
be removed," or "Yes, Split Pavilion should be removed at a cost of $140,000." He
added that controversy regarding the project began months and months before the
artwork was completed. He referred to the pools which were not included in the final
project.
Mr. Watson emphasized that he wanted to see Split Pavilion taken down, and that all
members of the community should voice their opinion on the artwork.
Barbara Kendall, 7103 Lantana Terrace, Carisbad, (Remove Split Pavilion)
complimented staff on the streetscape and work done already. She added that she
would like to see Split Pavilion removed, and that neighbors and visitors agreed with
her. Ms. Kendall mentioned that skateboarders had demolished corners of the benches
and walls, and that the area had become rundown. She added that the refiecfing pools
were depressing and totally unnecessary. She stated that the ocean view was very
precious and unique on its own, and that most people wanted the view unobstructed
instead ofthe area looking like a prison yard.
Ms. Kendall said that money would be well spent to remove the bars and showed a
newspaper article that had a rendering of what Split Pavilion would look like prior to
installation ofthe artwork, without any bars.
split Pavilion Public Hearing -4- Febmary 1, 1998
Roger McPherson, 351 Redwood, Carisbad, (Remove Split Pavilion) stated that he felt
Split Pavilion was always a mistake. He mentioned that an eastern artist did not
understand Carisbad or the Carisbad people, and that ff taking down the artwork or
leaving it was an all or nothing option, he would like to see the artwork removed. He
added that he thought plain grass was fine. Mr. McPherson questioned how much it
cost to maintain the artwork, and added that ff the maintenance cost was included, the
cost of removing the artwork would be less scary.
Bill Omera, Carisbad, (Remove Split Pavilion) stated that he was shocked to see the
construction of Split Pavilion and referred the artwork as "Andrea's Fauft." He
emphasized that he was opposed to leaving the artwork.
Cari McWha, 3179 Carisbad Boulevard, (Remove Split Pavilion) stated that he felt Split
Pavilion should be removed. He brought up liability issues regarding the open pools and
improper width for the railings, especially on the north wall. He expressed concern that
a child could get through the rails whereas an aduft could not.
Mr. McWha emphasized that the City should consider the liability cost vs. removing Split
Pavilion. In response to a query by Chairperson Welshons, Mr. McWha explained that a
child could go out to the street if he/she went through the bars while the parent
remained inside the park.
Don Connors, 21 Begonia Court, Carisbad, (Remove Split Pavilion) stated that he was a
native Californian who has been coming to the beach for the past 70 years. He added
that anything that was between the users and the ocean was not warranted. He also
stated that he was disappointed that the cost to remove Split Pavilion was not less than
$140,000.
Craig Munson, 7051 Via Cabana, (Remove Split Pavilion), congratulated the City for
having the courage to open the festering wound on Split Pavilion. He addressed the
financial aspects of removing the artwork and indicated that $140,000 was much too
high. He referred to the past expenses as a sunk cost and added that any more
investment in the project would be foolish. Mr. Munson volunteered to round up
volunteers, including himself, with chain saws to remove Split Pavilion over a weekend.
Mr. Munson mentioned that Split Pavilion controversy was the first major controversy
that he and his wife were exposed to after moving to Carisbad in 1993, and commented
that it obstructed a truly beautiful coast line.
Lorraine Crystal, 3880 Adera Way, Carisbad, (Leave Split Pavilion), said that she
personally finds Spiff Pavilion very pleasant. She added that she did not like the bars
but did like the other areas, particularly the benches. She mentioned that ifthe artwork
was removed, she hoped that benches will be placed in the area.
Split Pavilion Public Hearing -5- Febmary 1, 1998
Jane Sttmmel, 3179 Carisbad Boulevard, Carisbad, (Remove Split Pavilion), questioned
ff there was a reason that the north wall had to remain. She mentioned that tNO year old
children liked to dart through the railings to get to the beach. She also added that the
benches were filthy.
Joan Dederick, 6524 Oceanview, Carisbad, (Remove Split Pavilion), stated that she
loved what the City did with the seawall. She mentioned that she was here in 1993 and
opposed the wall, the bars, and the cement that disturbed full view of the ocean. She
added that she was in favor of demolishing Split Pavilion in August, and that fall was a
good time to remove the artwork. She mentioned that she could see volunteers
participating in the removal since volunteers assisted in 1993 as well.
Ann L'Heureux, 1731 Calava Court, Carisbad, (Ambivalent), mentioned that she would
like to see benches in the location ff Split Pavilion was removed. She stated that she
traveled a lot and enjoyed sitting around. She added that people liked to meet and talk
at the benches. Ms. L'Heureux mentioned that that she was ambivalent about whether
Split Pavilion should be removed or left as is.
Jackie Madison, 814 Sand Bar Way, Carisbad, stated that she was concerned about the
reflective pools because the water in the pools were stagnant. She expressed concern
about disease. Ms. Madison also requested clariflcation on whether to select In Favor
Of or In Opposition on the Request To Speak forms. Chairperson Welshons clarifled
that people should make sure to indicate whether they are in favor of removing or
keeping Split Pavilion on the forms.
Julie Knox, 3080 Madison Street, Carisbad, stated that she worked for a local
newspaper and that she found Carisbad to have a real sense of community. She added
that she did not understand why an artist from New York City was selected since a
person so far away could not have a feeling for the area and people. She indicated that
she was at Split Pavilion that day and would like to see it taken away. Ms. Knox clarified
that she wanted to see the ocean.
Chairperson Welshons closed the Public Testtmony at 7:00 p.m.
Staff responded to the questions raised during the Public Testtmony. Mrs. Beardsley
stated that the diagrams were part ofthe public record and that she would defer the
question to the City Attorney's office for a response. She added that limited staff was
present at the Public Hearing but that research to answer some of the questions raised
but not answered would be done before the next Public Hearing, at which time the
questions would be answered.
Mrs. Beardsley stated that the cost of removing the north bars was $3000. She stated
the $140,000 amount to remove Split Pavilion was an esttmate given by the Engineering
Department, and that the project would probably be sent to bid rather than done by the
City, although she did not know that for sure at this ttme.
Split Pavilion Public Hearing -6- Febmary 1, 1998
Mrs. Beardsley said that the cost of maintaining the exisfing Split Pavilion was about
$5,000 annually and that she did not know how that amount compares with other areas.
Mrs. Bearsley stated that the City Council will decide whether the north wall must stay.
She added that the negottated agreement between the City Council and the artist
included that the north walls may remain, and that this was included to accommodate
the negotiation between the City and the artist.
Mrs. Beardsley menttoned that she did not know how the pools were maintained and ff
the water was stagnant. Mark Steyeart, Park Development Coordinator, added that
there was a chlorinator recirculattng pump to maintain the water quality and kill germs.
He added while the water was germ free, it may sttll be murky. Chairperson Welshons
confirmed that they will get more specific information on the water in the pools.
Mrs. Beardsley explained the process in which Andrea Blum was selected, which
included ten finalists, five of whom were Californians.
Regarding the complaint about the west fence and rails being too far apart, Mrs.
Beardsley mentioned that she heard the complaint before.
Chairperson Welshons asked ail members ofthe audience who did not wish to speak to
fill out a piece of paper indicafing their posifion on Split Pavilion. The Minutes Clerk
advised the panel that all written responses received favored removal of Split Pavilion.
The people who submitted their written opinions are listed as follows. Names preceded
with an asterisk indicate that the person spoke as well.
PERSON ADDRESS PREFERENCE
James/Marilyn Sims 2820 Wilson Street, Carisbad Remove
Comments: Remove the bars.
Martha Nelson 3425 Ann Drive, Carisbad Remove
Comments: I want the enfire thing removed.
*Jackie Madison 814 Sandbar Way, Carisbad Remove
Comments: I am in support of the Split Pavilion being removed in its enttrety.
Patricia Mitchell 3535 Sierra Morena Remove
Comments: Please remove it all.
Judy Snider 853 Samara Way, Carisbad Remove
Comments: I definitely wish to see the Split Pavilion demolished and have the ocean
view returned. Please put my note down as for removal!!
Jim Stachoviak 1664 Basswood, Carisbad Remove
Comments: Carisbad resident for M years. I support the (artwork)? being removed in
its entirety and replaced by grass and trees.
Split Pavilion Public Hearing Febmary 1, 1998
PERSON ADDRESS PREFERENCE
Shiriey Forsch 4396 Horizon Drive, Carisbad Remove
Comments: The Split Pavilion blocks a beautiful view in Carisbad. To keep from
feeling annoyed every ttme 1 walk or drive by, 1 feel strongly that the Split Pavilion
should be completely removed.
Roger Deem 1735 Havens Point Place, Cartsbad Remove
Comments: In favor of removal.
James Bolamperti 3217 Garfield Street, Carlsbad Remove
Comments: Tear it down!
*Joan Dederick 6524 Oceanview, Carisbad Remove
Comments: Removal of all the bars, pool, etc.
Marion Wright 6616 Ocean View Drive, Carisbad Remove
Comments: Our Carisbad is so beautiful. Please let us remove the bars - disgusfing
water pool areas and seagull filled benches. The water area view available while driving
south along the boulevard was so special before the bars—I have lived in Carisbad
since 1963.
Helen Robison 3720 Yvette Way, Carisbad Remove
Comments: Yes, 1 would like to see the bars removed.
ScotTammen 1811 Palisades, Carlsbad Remove
Comments: Please remove the Park.
Barbie Baron 3179 Carisbad Boulevard, Carisbad Remove
Comments: Please remove the Park
Dee McDanieP
Bob McDaniel
George Watson
3075 Valley Street, Carisbad
3075 Valley Street, Carisbad
Remove
Remove
Remove
Bob Boone Painttng Co., Carisbad, Remove Bob Boone/
*Russell Beemer
Comments: Use bars to mount fish, whales and porpoise metal sculptings.
Chairperson Welshons summarized the points raised during the Public Testtmony:
• Concerns about the refiecfing pools being unnecessary
• Obstruction of the ocean view
• Wording of the ballot measure ff It gets that far
Split Pavilion Public Hearing -8- Febmary 1, 1998
• Liability questtons, in particular, relattng to improper width on the west fencing and
the project itself
• Several questions regarding the expense to demolish the project and a willingness
to convene a volunteer group of citizens to demolish the project
• Money to remove the project was throwing good money after bad money but people
still want to see the artwork removed
• Expression to have benches in the area
• Opposition of the amount of cement in general
• If this project is demolished, clarification of when it would occur
• Mr. Watson referred to Chairperson's Welshons comment that people swallowed
hard when they heard about the cost of removing Split Pavilion. Chairperson
Welshons stated that she was objective about the project and had simply used a
poor choice of words.
• How the photos on the future site were reflected in the newspaper
• Rundown condition of the area
• Concern about advertising to the public about the public meetings. Chairperson
Welshons added that was why she asked for clarification at the beginning ofthe
meefing and that the word went out to the Coast News and Union-Tribune.
• Suggesttons from the audience to display informatton about the next public hearing
near Split Pavilion.
Chairperson Welshons stated that she encouraged the public to come and testify at the
next Public Hearing and that staff should get the word out to all parts of Carisbad.
Commissioner Pynes stated that the information was posted at the restaurant next to
the artwork. A member ofthe audience suggested that notification ofthe Public Hearing
be included with the water bill, but Chairperson Welshons pointed out that some
residents of Carisbad were in the Olivenhain Water District and would not receive the
notification.
The Public Testtmony was reopened at 7:15 p.m.
Russell Beamer, Encinitas, mentioned that he was a metal sculptor and artist and that
he envisioned using the bars for another artisfic form, such as fish jumping.
Mr. Watson asked Ms. Fountain about controversy during installafion, not just after, that
he fett was not answered yet. Ms. Fountain responded that she was providing a general
summary and was not trying to reduce the impact. She added that she was aware that
there had been a controversy during installation of Split Pavilion.
Commissioner Wood added that staff tried to renegotiate the agreement with the artist
last year but that the artist would not agree to any change in the negotiated agreement.
Chairperson Welshons closed the Public Testtmony at 7:16 p.m.
Split Pavilion Public Hearing -9- Febmary 1, 1998
Chairperson Welshons mentioned that the commissioners ofthe Art Commission and
the board members on the Design Review Board would be given the opportunity to
share their insights or comments with the audience or wait unfil completton of the next
public hearing.
Commissioner Willis stated that people have complained about blocking the ocean
views. He pointed out that the first slide which showed the area prior to installation of
the artwork included three trucks which also blocked the ocean view. He added that
when there was a parking lot, lots of vehicles blocked the ocean views.
Commissioner Pynes mentioned that she really appreciated all the comments. She
added that as a newcomer to the Arts Commission, she enjoyed listening to the public.
She stated that she applied for membership in the Arts Commission because she was
disappointed with Spiff Pavilion. She pointed out that the public process works, but that
it may take some ttme.
Commissioner Pynes said that the people in the Arts Office were working to see that the
citizens got what they wanted. She menttoned that they were using local artists. She
indicated that there were diagrams attached to the statements and did not know why
Mr. Watson did not receive any.
Commissioner Pynes asked about volunteers and whether there was a liability issue.
She questioned specifically about the volunteers used in 1993. Mrs. Beardsley
responded that volunteers helped with landscaping after the negottated agreement.
Commissioner Chartier commented that Carisbad was a great city which has a great
sense of community. He added that the City Council worked hard to make it such a
great place to live.
Commissioner Lignante stated that people fett the bars should go, and that even at the
cost of $140,000, Split Pavilion should be removed.
Commissioner Wood expressed his hope that the panel did not get into an argument on
how much Split Pavilion cost, that it should either stay or go. He referred to Mr.
Munson's comments about the $420,000 that was spent in sunk money, and clarified
that the only question was whether to keep Split Pavilion or take it down.
Commissioner Wood referred to the comments made about damage by skateboarders
and stated that he hoped this would be resolved when the skateboard park was
constructed in Carisbad.
Commissioner Kacher expressed concern about the state ofthe area, especially since
she felt that some ofthe damage was done in anger. She added that she hoped that
people will be more respectful and careful of property in the future.
Split Pavilion Public Hearing -10- Febmary 1, 1998
Board Member Marquez stated that she was involved in demolition as a general
contractor and that she thought the $140,000 amount was much too high. She added
that there was room for park benches and other amenities, and that even ff it cost
another $400,000 with trees and landscaping, the City should pay it.
Board Member Savary stated that she would like to reserve her remarks unttl all the
information was gathered and that she was glad to be participattng in the panel as part
of the democrafic process.
Chairperson Welshons indicated that she would like to reserve her comments unttl after
the final Public Hearing. She mentioned that a change had been made as a result ofthe
events that occurred in 1993 in that the City has changed the way it negotiates with
artists. She emphasized that lessons were learned and that the process did work.
Chairperson Welshons encouraged everyone to get the word out about the next
meettng.
The Public Hearing was adjourned at 7:27 p.m.