REGULAR MEETING MINUTES
March 24, 2004 at 7:00 p.m.
Brentwood Business & Technology Center
101 Sand Creek Road, B
Brentwood, CA 94513
CALL TO ORDER: Chairperson Joe Trebino called the meeting to order at 7:05 p.m.
PLEDGE OF ALLEGIANCE: All stood for the Pledge of Allegiance.
ROLL CALL: Commissioners present at roll call were Chairperson Joe Trebino, Ron Beatty, Saunie Fridley, Helen Myers, Chris Robinson, and Barbara Guise. Absent at roll call were Commissioners Sandra Gill, Patrick McCarran, Jim Bryant, and Clayton Woolley. Commissioner Barbara Guise reported that Commissioner McCarran will be late and Chairperson Trebino said Commissioner Bryant was excused.
Susan Dutra from the Brentwood Week of the Young Child event.
Ms. Dutra was not present so this item was moved until later in the agenda.
Chairperson Trebino said that some items on the agenda needed to be moved. Item 4 under Old Business was moved to Item 3, and Item 11 under New Business was moved to Item 4. Commissioner Robinson moved to make the above changes and Commissioner Guise seconded the motion. Motion carried unanimously.
CITIZEN COMMENTS: None
1. Approval of minutes of regular meeting of February 25, 2004.
2. Accept monthly budget report and motions for purchases. (P. Scherff/A. DiNicola)
Commissioner Chris Robinson moved the acceptance of the Consent Calendar. Commissioner Ron Beatty seconded the motion and motion carried unanimously.
CITIZENS COMMENTS: None
4. Update on Shakespeare Festival. (J. Melloni)
Jan Melloni passed out the posters advertising the Shakespeare Festival, which will be held April 3rd and 4th at the Allan E. Jones Performing Arts Center at Liberty High School. This event will be free to the public and will be the Romeo and Juliet Shakespeare play. The play is being performed by the San Francisco Shakespeare Festival and sponsored by the Arts Commission. There are advertising posters around the community and articles will be in the local papers this week as well as next week. The checks have been mailed to the San Francisco Shakespeare Festival and they have toured the site. She needs volunteers to assist in ushering the public. All Commissioners have volunteered, but may need more for the performances. The facility will seat 565 people and standing room can be accommodated if necessary. She requested those who can volunteer others to notify Poldina Scherff. Ms. Melloni added that she has sent emails to the middle school and the high school and other local schools. It will be also advertised on Liberty High School’s scrolling marquee. Some posters have been distributed in Discovery Bay as well as other downtown businesses.
Vice Mayor Annette Beckstrand presented Jan Melloni with a plaque on behalf of the Arts Commission and the City of Brentwood for appreciation for her years of hard work and dedication to the Arts Commission.
At this time the agenda had been changed to present Item 4 under New Business.
4. Consideration of proposal from Vineyards at Marsh Creek development toward satisfaction of the public art ordinance (C. Bronzan/Blackhawk Development).
Director Craig Bronzan introduced Dennis Beougher, City Attorney, who is present to answer or define any legalities of the issue. The Vineyards at Marsh Creek is proposing to satisfy the art requirements by proposed architectural enhancements to the development. If approved by the Arts Commission, it would be the responsibility of the City Attorney to put the agreement into writing to be presented to the City Council. Director Bronzan then introduced Steve Beinke of the Blackhawk-Nunn Development. Mr. Beinke then introduced others representing the project as follows: Ron Nunn, partner, Earl Callison, Doug Dahlin and Lisa Keidel of Carlson, Barbie and & Gibson. He introduced Doug Dahlin with information on his background who then proceeded to give a complete overview of the project with PowerPoint and also maps of the area to be developed. He described the various elements of the project that he felt artistically enhanced the development, such as the olive groves, vineyards, amphitheater and water features, etc. He described the various areas, such as the senior citizen area, estate homes, vineyards, restaurant and tasting rooms and keeping the green spaces as required and blending the architecture with the John Marsh House. Improved roads and new bridge to be built also described with decorative gated entrances. He discussed the winery, and the theme of the development being very Mediterranean in design. The amphitheater for the performing arts will seat 2500 and will be available to the public and could accommodate large concerts or events of any type. He felt this a very significant contribution to the community of Brentwood. Detailed description of the senior center and its amenities given to the Commissioners. The Village Green, Bed and Breakfast, enhanced water retention lake were all described also in detail, and the developers feeling that these features culturally enhanced the project. Mr. Dahlin felt that one of the key things the development group had planned is the extra separate lanes for the bridge, with bike lanes and split with two bridges, rather than one with two-way traffic. This adds additional cost, but they felt adds to the character of the entry to the area.
Commissioner Sandra Gill arrived during the presentation at 7:38 p.m.
Mr. Dahlin continued describing the special enhancements of the entire development to the Commissioners. He then turned the presentation back to Steve Beinke, who said that he felt that what the project would contribute over the life of the project would be approximately 1 to 1.3 million dollars. He would like to propose to the Art Commission, because of the things they are doing, such as the amphitheater at a cost of about 3 million dollars over the cost of the land be considered as satisfaction of the public art ordinance. He also felt the monumentation to the neighborhoods, the bridge, etc. would add to the ambiance of the community. They would like this credit for the additional amenities in the form of satisfying the public art ordinance requirements. Mr. Beinke said that they would also like to fund the Day in the Park for five years for $20,000 per year. He also mentioned other amenities they are planning for the development. The amphitheater will be a gift to the City with a nominal cost of less than $100. Director Bronzan stated that the fee which is charged under the art ordinance, 80% goes to art and 20% to administration of the funds. He said that the developers have agreed to pay the 20% administrative as they pull the building permits. The executive homes will pay the fee home, by home as they are sold.
Ms. Beckstrand questioned the figure of building permits off the homes bringing in 1 to 1.3 million, and asked if that was the full 100%? There was some further discussion regarding the gated areas and public areas. Commissioner Guise asked for clarification regarding who owned the amphitheater and who will build and maintain it. Attorney Beougher explained that the City will be responsible for building and maintaining the amphitheater. He also explained his understanding of how the 1 to 1.3 million dollar figure is arrived at for in- lieu fees. The developers are requesting a recommendation from the Arts Commission and that then Attorney Beougher would write into the development agreement that would then be given for approval by the City Council. Chairperson Trebino questioned the aspects of this proposal. Vice Mayor Beckstrand then commented on the proposal. She commented on how this type of project comes in to the City and said that the amphitheater will truly be an asset to the City. However, that in itself satisfies developer fee credits, it is part of their project. The bridge needs to be done anyway and she did not feel that should fall under an artistic category. She would like to see more in character enhancements to the bridge other than what was shown in the presentation. Gateways and monuments are great, but not added art element. She feels the Arts Commission should stop and consider what the long term goals are and felt that the sponsorship of the Day in the Park easily satisfies the $100,000 towards their art fees. She wanted the Art Commission to look into the future as to what could really be done with this project. She suggested the Art Commission may want to take the cash and invest it into other projects in town where there aren’t going to be any future development projects to enhance the city. She felt the Arts Commission needs to look at whether they might want to take the $200,000 and look at art ordinance with actual cash money. There was further discussion and questions from other Commissioners on the proposal. Vice Mayor Beckstrand explained the process where each new developer has environmental and agricultural mitigation, and depending on the acreage for residential, has to contribute to parks and open space. This project meets those requirements; however, the Arts Commission Public Art Ordinance goes above and beyond those basic requirements to bring more art to the community. She felt the project is great and is artistic in itself, but for the most part is the project. The Arts Commission needs to be careful not to be shortsighted, viewing that other projects coming after this will hold how this is handled as the standard of how you should deal with these new projects as well. It will be setting a precedent. The winery, bridge, vines and trees all would be done anyway. She proposed that every project that comes before the City is truly giving an increase in the ability to bring art to the community the way you envisioned it in the first place. Timelines were discussed for the needed response to the developers if the decision was not made at this meeting. Director Bronzan explained some of the issues in making a decision tonight. Some of the Commissioners would be willing to move ahead with an agreement to go project by project and some wanted more time to discuss the issue. Commissioner Gill suggested an emergency meeting prior to the April 13 deadline for the developers. Chairperson Trebino had some suggestions also. Commissioner Guise commented on various types of methods of dealing with the question. Commissioner Guise moved that a Special Meeting be held by the Arts Commission on March 31st at 7:00 p.m. at the Technology Center. The agenda item will be the Vineyards. Motion seconded by Commissioner Beatty and motion carried unanimously.
Susan Dutra of the Brentwood Women’s Club, will talk about the upcoming Week of the Young Child event.
Ms. Dutra apologized for being late, but said that she is representing the Brentwood Women’s Club with the East County Regional Group which is putting on the Week of the Young Child Early Literacy Fair. The event will be held April 17 and have about 30 different organizations or businesses participating. The focus group is families with children under the age of five. She described the event and presented the flyers describing the event. She said that the Arts Commission had indicated a desire to participate by funding an activity. She made some suggestions such as providing easels, paint pots (non-spill), brushes, etc. She also had some catalogs and showed items and costs that would be acceptable. They are expecting around 400 families and are promising free gifts to the first 250 attending. So she was requesting at least 250 items if they decide to fund paint sets at 33 cents apiece. Commissioner Guise asked that since this was a presentation only and not an agendized item, could they vote tonight. Director Bronzan said no, but could be added to their special meeting on March 31 if they wished. In a previous meeting in January it was agreed to donate funds to this event. Minutes showed that this was to be an agenda item for the February meeting, but was not. Director Bronzan then said this item could be put on the Special Meeting on March 31, and Ms. Dutra said she would like to have the Commissioners consider an amount of $300.
RETURN TO OLD BUSINESS:
5. Arts Commission Committee Matrix review. (A. DiNicola)
Ms. DiNicola said this item was on the agenda due to some changes in the Commission’s members. She also was not sure if some committees still need to be on the matrix. Changes were as follows: Art for Art’s Sake should have Commissioner Beatty as Chairperson and include Commissioners Sandra Gill, Clayton Woolley, Barbara Guise, and Saunie Fridley. Subcommittee for Historian should be changed to staff, Angela DiNicola and Commissioner Beatty. Commissioners Guise and Robinson to be removed from this committee. Artist Panel removed from matrix. Portable stage to remain the same. Day in the Park to remain the same, as well as the Website Committee. Brighton Station Review Committee removed Balfour Road Park Committee to remain and committee to place farmer statue to remain, Community Horse Project Committee to be tabled. Subcommittee to Review Placement of Public Art to remain. Ad Hoc Committee for $80,000 Distribution of Funds -- remove Jan Melloni, retain Commissioners Patrick McCarran, Saunie Fridley, Joe Trebino, and Ron Beatty.
6. Update on Student Art Show. (M. Hannigan/B. Weber)
As Commissioner Hannigan resigned, Curator Weber reported that they are receiving 15 paintings from each school and to be delivered Thursday, April 29th, prior to the show. He has made up a poster which was shown to the Commissioners. Coordination of the show, framing, etc. was discussed. Commissioner Beatty has the frames in his garage. Commissioner Gill said that the schools will handle all the framing at Brentwood Elementary School. Chairperson Trebino asked Commissioner Gill to find out when they will be done so that frames can be delivered. Commissioner Guise said she has the truck and workers that can do this when they give her a date for it to be done. She may be able to arrange storage also. Mr. Weber also showed the poster for the next art show following the student show. He requested permission to get the postcards printed. He would like to get them done as soon as possible so they could be handed out at the Student Art Show. Commissioner Guise moved that funding not to exceed $250 be allocated for the postcards for Mr. Weber. Commissioner Beatty seconded the motion and motion carried unanimously.
Commissioner Patrick McCarran arrived at 8:45 p.m.
7. Review of standard response to artist submitting controversial art work and revised loan agreement. (B. Weber/A. DiNicola).
Vice Mayor Beckstrand suggested the following changes to the statement of standard response as follows: line two change “doesn’t” to “does not”, and instead of “but” use the word “however”, and again on line 6 again change the contraction “we’re to “we are”. Commissioner Guise moved to accept the statement as amended to insert the word does not and omitting the we’re, adding however, and deleting but, and omitting we’re and adding we are. Motion seconded by Commissioner Fridley, motion carried unanimously.
Discussion of loan agreement. Ms. DiNicola had discussed the matter with Karen Diaz regarding the insurance and the way it is stated originally. As a result of the conversation, she revised the part that previously stated that the City would carry the insurance. She changed the wording to ask the artist, if they did carry insurance, and that the City would insure under the current risk management policy. Just a small revision to let the artist know that if the artist does carry insurance they would like the name of the insurer and policy number. Also a blurb at the bottom regarding the type of gallery. Director Bronzan commented that with two claims and now from loss at the gallery, there well may be an increase in the insurance cost. He recommended that they take this amended loan agreement to the City for a final look from a legal standpoint. He felt there will be a recommendation that the artist’s insure their own work. Discussion of whether this would also apply to featured artists. Director Bronzan said there should be a separate discussion of featured artists. Mr. Weber reported along with Commissioner Beatty that at Blackhawk and Danville art galleries the artists insure their own work. Commissioner Guise felt that is the way it should be at this gallery. Vice Mayor Beckstrand said due to the openness of the building with several other businesses, that artists should insure their own work. Commissioners felt the attorney for the City should look over the amended loan agreement or direct staff to write in that artists carry their own insurance and a waiver that the Arts Commission does not carry insurance, but on major shows will negotiate with the artist on a show-by-show basis. Commissioner Beatty moved that the Loan Agreement be given back to the staff to revise. Motion seconded by Commissioner Guise and motion carried unanimously. The agreement will then go back to the City Attorney and will then be rewritten by the staff and that the insurance requirement will be on the artist. Vice Mayor asked if Mr. Weber could get a copy of the agreement that Blackhawk has and Commissioner Beatty will get one from Danville. These could then be reviewed by staff for use in writing the new agreement.
8. Review of Art Commission Budget. (T. Clark)
Ms. Clark said that she understood there were questions last month of the budget and distributed a current budget for information and discussion. They discussed transfers and the $100,000 from the general fund. She explained this was a transfer the previous year to get the Art Commission solvent. She explained the roll over of funds and explained what is coming in from general fund next year, plus the $80,000 which is still in another fund and will need to be transferred to the Arts Commission. She will be meeting with the Finance Director, Pam Ehler and will need to tell Finance Department what they want done with the $80,000. Some of the funds have already been spent and recorded in previous meetings minutes. Ms. Clark said that a motion with those minutes attached supporting a memo should be given to Ms. Ehler that requests the entire balance of the $80,000 into the Arts Commission’s budget. There was a discussion of how to revise the budget that tells the Commissioners how money was spent, which category and balance in each category. Director Bronzan suggested that when the Arts Manager is hired, one of the responsibilities would be to track the budget and expenditures so that Commissioners would know where they are at on all accounts at all times. Commissioners would like a summary budget and this could come from the Arts Manager on a monthly basis. Commissioner Beatty moved that staff be directed to request the remaining funds from the $80,000 be transferred to the Arts Commission budget. Motion seconded by Commissioner Guise and carried unanimously.
9. Update on signage for Art Gallery and Reception openings (J. Trebino).
Chairperson Trebino requested a motion to pay for the signs, one on the street and one at the door stating that “Art Exhibit Open Here” with arrows and a flip side that says “Reception Tonight”. Cost is approximately $250. Bids were received and this was the lowest bid. Chairperson Trebino moved that a check for the sign, not to exceed $300, be paid. Motion seconded by Commissioner McCarran and carried with one abstention by Commissioner Guise.
10. Update on Art for Art’s Sake (R. Beatty).
Commissioner Beatty passed around copies of flyer with guidelines and entry forms for Art for Art’s Sake. The event will be Saturday, May 1, 2004 from 10 a.m. to 3 p.m. on the sidewalks of Brentwood. He also requested money for advertising and thought no more than $500. Commissioner Guise moved that there be approved a budget for advertising of the Art for Art’s Sake of not to exceed $500. Commissioner Gill seconded the motion and motion carried unanimously. Vice Mayor Beckstrand asked where the advertising was going to be. Commissioner said local papers and he is hoping for a feature story of a local artist. She also said to make sure the Brentwood News does an article also. Commissioner Beatty also requested volunteer help for the event on May 1st.
11. Recommendation to donate $900 to the Art Docent School Program. (R. Beatty).
Commissioner Beatty said this subject had been discussed at a previous meeting and although the Commission had agreed to assist, no action was taken at that time. They still need funds for this program for art supplies. Vice Mayor asked what category the fund would come from and balance in that fund, another reason for budget to be revised. Ms. Poldina Scherff and Director Bronzan assured the Commission that they had adequate funds for a donation to the program. Commissioner Guise moved that the Commission donate $500 for the Art Docent School Program. Motion seconded by Commissioner Myers and carried unanimously.
12. Recommendation to City Council to appoint Kermit Sveen and Richard Koscher to Commission
Chairperson Trebino said that Richard Koscher has not been interviewed as yet, but will be soon, so he removed his name from the request, but requested the Commission to make a motion to recommend Kermit Sveen to the City Council for approval. Commissioner Gill moved that Kermit Sveen be recommended by the Arts Commission to the City Council for approval as a member of the Arts Commission. Motion was seconded by Commissioner McCarran and carried unanimously.
13. Appointment of Public Art Committee members (C. Bronzan).
Director Bronzan said this committee should have three Arts Commission members, two artists, an architect and then either a community member or historian. This would be a seven person committee and requested that the Arts Commission decide tonight who they wanted to represent them on the committee. A local community member or someone in an area being involved in the decision could also be appointed at a later date. He wants this filled as soon as possible as there are developers that want to bring proposals to the committee. Commissioner McCarran said he would like to serve on this committee. Chairperson Trebino said Commissioners Bryant and Beatty had expressed a desire to serve. Chairperson Trebino also read a résumé from a Richard Myers, who Commissioner Bryant would like to recommend as an artist for the appointment to the committee. Bill Weber was also suggested for the committee and Tom Wernholm has also requested to serve on the committee (request through Commissioner Beatty). It was then suggested that those wishing to serve on the committee should submit a résumé or fill out an application and be interviewed by the Commission. Director Bronzan said that ideally they should fill out the Commission application, even though they are volunteers and they should be interviewed. The decision was to start with the three Commissioners plus Bill Weber which would start the committee with four members, and then interview the others who have requested to be on the committee. This could be put on the agenda of the Special Meeting on March 31, 2004. Commissioner McCarran moved to start the Public Art Committee with Commissioners McCarran, Beatty, Bryant and Curator Bill Weber. Motion seconded by Commissioner Beatty and motion carried unanimously. Other applicants should be brought into the Special Meeting on March 31st.
Commissioner Guise expressed a desire to see some women serving on this committee.
14. Explore possible options on forming a subcommittee for Performing Arts/Music. (C. Woolley).
Commissioner Woolley was not present. Commissioner Beatty said that it is still in the preliminary stages and will bring back to next meeting. Motion by Commissioner Beatty that this item be continued until the next meeting. Motion seconded by Commissioner Gill and carried unanimously.
15. Review of Farmer Statue quotes. (J. Trebino)
Chairperson Trebino asked about the difference in the three quotes. One is for 7-foot and other for 6-foot statue. Commissioners agreed that they would prefer the 7-foot statue. Director Bronzan said that there needs to be a Professional Services Agreement and this should be done by staff negotiating with Mr. Weber. This should then be brought back to the next meeting. Commissioner Beatty moved that staff be directed to negotiate with Bill Weber for a Professional Services Agreement for the Farmer Statue. Commissioner Guise seconded the motion and motion carried unanimously.
16. Discussion on purchasing surveillance cameras for the Tech Center (P. Scherff).
Ms. Scherff introduced Mike Merizon, Facilities Manager for the Parks and Recreation Department. Mr. Merizon was asked to get bids on surveillance cameras for the Technology Center because of the recent robbery of a statue at the gallery. Two quotes were received. One was from the City of Brentwood for $6,000 and one from Bay Alarm for $1,125 for a lease of cameras. These options were discussed by the Commission. The cameras would be one at the front door and one at the back door and would be on a motion detector that would activate the cameras by the motions. It would be digital recording. It could be set for 24 hours a day or set for specific times. Questions asked about how much would be needed, if the 80GB would be adequate. Mr. Merizon will check into the length of time the 80GB will last and bring back to the April meeting. Discussion of whether this information could be available by the Special Meeting. Commissioner McCarran asked about funding and was assured there was money in the budget to cover this expense. Consideration of whether or not this coverage could be charged to other tenants in coming year maintenance agreement. Vice Mayor Beckstrand said she felt the cost should be built into the Technology Center tenancy agreement. Director Bronzan said to budget to Arts Commission for this year and make the request for this to be added to other tenants in 2004-2005. Consideration of lease rather than purchase. Chairperson Trebino then said that this item will be put on the agenda for March 31, just for clarification of ability of 80GB camera. Director Bronzan said it should be on Consent Calendar. Mr. Merizon also suggested 24 hour Bay Alarm signs around building.
17. Recommendation to subscribe to the Art Calendar magazine. (R. Beatty)
Commissioner Beatty showed the Commissioners an Art Calendar magazine that he subscribes to and gave subscription prices to the Commission. He felt this might be a good tool for the Arts Manager to have as it has valuable information on the arts and associated subjects. One year’s subscription price is $33.00, two years would be $59.00. This would cover subjects such as art law, grants and what other art associations are doing. Commissioner Guise moved that the Commission subscribe to the Art Calendar for 2 years at a cost of $59.00. Motion seconded by Commissioner Myers, motion carried unanimously.
18. Discussion of the Canvas Newsletter. (P. Scherff/A. DiNicola)
Ms. Scherff passed around a copy of a previous Canvas Newsletter and asked the Commissioners if they felt this would be a good idea to do again. Ms. DiNicola said that they had discussed doing this in the winter, but there was not that much scheduled, but felt that now in the spring with many activities planned it would be a good idea to publish it again. This would be a Summer/Fall issue. This was inserted in the water bill the previous time and was suggested that this would be the way to distribute it again. The subject was discussed briefly. Commissioner Guise moved that the publication be issued again and inserted in the water bill. Commissioner Beatty seconded the motion and motion carried unanimously.
CITY COUNCIL UPDATE:
Vice Mayor Beckstrand presented the certificate of reappointment for Commissioner Myers and thanked her for her work on the Commission. Her term will extend until 2006. She also mentioned a concert by Gregory Taboloff on Saturday May 8th which will be performed at the Liberty Performing Arts Center to benefit the 80 Volts Liberty Choir. She said the most important items coming before the City Council recently have been the Vineyards at Marsh Creek that was presented to the Commission earlier in the evening.
CITIZENS COMMENTS: None
Commissioner Guise commented on the new City Hall and demolition of the current building. Director Bronzan said that the Art Commission will benefit from this new project with the 1% for art of the construction costs.
Director Bronzan reported that they have received an incredible amount of excellent applicants for the Art Manager position. The first round of interviews will involve eleven candidates next Monday, March 29, 2004. From this session they will identify a group and then will ask Chairperson Trebino to participate and also to appoint one or two other Commissioners for the next interviews. Chairperson said he would appoint Commissioners Bryant and Guise to assist in the interviews. He clarified that this would be himself and Commissioner Bryant, with Commissioner Guise as the alternate. These will take place either the second or third week of April. Director Bronzan also said that the City Attorney brought to his attention the building does not meet ADA requirements and has directed Mr. Bronzan to move the monthly meetings to the City Council Chambers or other approved facility. There was further discussion and Director Bronzan said he will work with the Commission on this issue.
REQUEST FOR AGENDA ITEMS:
Special meeting agenda:
Vineyards at Marsh Creek
Week of the Young Child
Approve applicants for Public Art Committee
Regular Meeting Agenda:
Stipend for Curator
ADJOURNMENT: The meeting was adjourned at 10:00 p.m. by Chairperson