Art Installation Chaos

TITLE: Nureyev
MEDIUM: Bronze
ARTIST: Richard MacDonald
SITE: Dawson Cole Fine Art
W/s San Carlos St. between 5th Av. & 6th Av.
Carmel-by-the-Sea, CA.

ABSTRACT: In the absence of the Carmel-by-the-Sea Art Board, the Planning Commission and the Community Activities & Cultural Commission have made decisions regarding the installation of art in public places. A Chronology of Events of important dates and actions by the City Council, Carmel-by-the-Sea Art Board, Community Activities & Cultural Commission and Planning Commission is presented. Comments are made and a Question about the City Council not reconstituting the Carmel-by-the-Sea Art Board in the last 18 months is asked.

“I’m still very torn about my place in choosing the art that goes in these locations,” Strid said, adding that he could not say whether the increasing number of outdoor pieces is good or bad for the town. “I don’t know where control of the proliferation of art in Carmel should be, but I don’t think it should be here in this commission.”
(Planning Commission Chairman Bill Strid, The Carmel Pine Cone, Sculptures, not hamburgers, Mary Brownfield, November 23-29, 2007.)

CHRONOLOGY OF EVENTS:
• September-October 2002: City Council established the former Committee for Art and Public Places (CAPP) as an independent board, The Carmel By-The-Sea Art Board (CAB).

• June 2006: Mass resignations by Carmel-by-the-Sea Art Board Members
“We are treated like school kids and must be chaperoned in case we might make a decision concerning art. In my opinion, a good working committee is needed in Carmel to remind the city and citizens that our heritage is from the early artists. That won’t happen as long as the tight control is in place.”
(Eleen Auvil’s Letter of Resignation from the Carmel Art Board, June 2006)

“I am saddened and frustrated by this stasis,” adding that the city council failed to consult CAB before deciding some art-related matters.
(Margot Petit Nichols’ Letter of Resignation from the Carmel Art Board, June 2006)

With the mass resignations of Carmel Art Board Members Belinda Vidor Holliday, Eleen Auvil and Margot Petit Nichols, the Carmel Art Board was put on “the shelf for the moment.” Alibing her decision to “put the Art Board on the shelf for the moment,” Mayor Sue McCloud cited the city council’s approval of a $90,000 contract for the review of city-owned artwork. She stated that “The results,...will dictate the role of the art board,...”

• June 12, 2007
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
Approved the “concept” of the McDonald Gallery displaying the sculptures in Devendorf Park, 4-0 (AYES: Commission Members Dixon, Jones, Klaumann, Jett; ABSENT, Coniglio)

• July 10, 2007
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
Christie Miller, Community Services Manager announced meeting with Carrie Ann on July 13, 2007 regarding the MacDonald Gallery Exhibit October 12-25, 2007.

• July 11, 2007
PLANNING COMMISSION
Unanimously approved Dawson Cole Fine Art’s application for the installation of a bronze, “Trumpeter,” by Richard MacDonald, outdoors and “visible from the public right of way in the Central Commercial District.” 5-0 (AYES: Commission Members Hewer, Hillyard, Sharp, Wilson, Strid)

• September 11, 2007
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
Christie Miller, Community Services Director, announced MacDonald Gallery Exhibit October 12-15 proceeding as planned in Devendorf Park.

• September 12, 2007
PLANNING COMMISSION
Unanimously approved Carmel Plaza’s application for the installation of “Trumpeter,” by Richard MacDonald, outdoors and visible from the public right of way in the Central Commercial District “for one year with the understanding that Carmel Plaza talk with local artists to discuss the possibility of a rotating art show in this area.” 4-0 (AYES: Commission Members Hewer, Hillyard, Wilson, Strid)

• November 14, 2007
PLANNING COMMISSION
Approved recommendation to city council to “make arrangements for the fair and equitable assessment of the display of sculpture at Carmel Plaza” with no item on site longer than one year and no one artist dominating the location. 3-0 (AYES: Commission Members Hillyard, Wilson, Strid, ABSENT Hewer)

Approved Dawson Cole Find Art’s application for the installation of a 6’10” bronze Rudolf Nureyev, the Russian dancer and choreographer, by Richard MacDonald, outside its gallery on San Carlos St. between 5th Av. & 6th Av.

COMMENTS:
• Previously, the City’s Committee for Art and Public Places (CAPP) and then the Carmel By-The-Sea Art Board (CAB) had among their duties, responsibilities and authority the review of plans for the installation of art in public places. Moreover, according to the Municipal Code, a majority of the Carmel-by-the-Sea Art Board membership shall be comprised of “artists, art educators, art collectors and art scholars or a combination thereof.”

• In June 2007, the Community Activities & Cultural Commission approved the “concept” to utilize Devendorf Park for a display of Richard MacDonald’s sculptures from October 12-15, 2007. Note: For information about Richard MacDonald, click on Post title above or copy, paste and click http://www.richardmacdonald.com/

• In July and September 2007, the Planning Commission approved a “Commercial Design Review application for the installation of an outdoor sculpture visible from the public right of way in the Central Commercial (CC) District” from Dawson Cole Fine Art and the Carmel Plaza, respectively.

• For 18 months, the City has not reconstituted the Carmel-by-the-Sea Art Board. Consequently, the Planning Commission and the Community Activities & Cultural Commission have made decisions about the installation of art in public places despite members of both these commissions not having the requisite expertise or duties, responsibilities and authority to make these decisions with respect to the City’s Municipal Code.

• Mayor Sue McCloud’s assessment that the results of the Art Inventory and Art Appraisal of City-owned artworks by Ellen Osterkamp would dictate the role of the art board is specious given that the Municipal Code delineates many more duties, responsibilities and authority than merely issues having to do with the art inventory. (See REFERENCES, 2.37.060 Duties, Responsibilities and Authority.) Note: The Resolution of the City Council entering into a professional services agreement with Ellen Osterkamp for Art Inventory and Art Appraisal Services in an amount not to exceed $90,000 was approved in May 2006 and per contract supposed to be completed by June 30, 2007.

• Question: Why has the City Council been negligent in not reconstituting the Carmel-by-the-Sea Art Board?

REFERENCES:
Carmel-by-the-Sea
Municipal Code

Title 2
ADMINISTRATION AND PERSONNEL

Chapter 2.37
CARMEL-BY-THE-SEA ART BOARD
Sections:
2.37.010 Establishment of Board.
2.37.020 Membership and Criteria for Appointment.
2.37.030 Appointment Process.
2.37.040 Termination of Members.
2.37.050 Bylaws, Policies, Rules and Procedures.
2.37.060 Duties, Responsibilities and Authority.
2.37.070 Authority to Expend Funds.
2.37.010 Establishment of Board.
There is created and established the Carmel-by-the-Sea Art Board (CAB). (Ord. 2002-07 § 1, 2002).

2.37.020 Membership and Criteria for Appointment.
A. The Carmel-by-the-Sea Art Board shall consist of five members, each of whom shall be appointed to serve a four-year term.
B. A two-thirds majority of the members of the Carmel-by-the-Sea Art Board shall be residents of the City, and the remainder may be residents of the City’s sphere of influence.
C. Membership shall be representative of persons who have an interest in, or familiarity with, the City’s artistic heritage. Artists, art educators, art collectors and art scholars or a combination thereof shall make up a majority of the Carmel-by-the-Sea Art Board membership. (Ord. 2002-07 § 1, 2002).

2.37.030 Appointment Process.
A. Members of the Carmel-by-the-Sea Art Board shall be nominated by the Mayor, whose nomination shall be ratified by at least three of the five members of the City Council.
B. Terms of members shall be staggered so that at least two terms, but no more than three terms, shall expire in any one year. Appointments shall be made, where possible, prior to the beginning of the term of office, in order that the new member(s) shall be able to become familiar with the functions of the Board. Terms of office for new members shall begin at the commencement of the first regular meeting in the month of October of the appropriate year. Terms of outgoing members shall end simultaneously. The newly appointed member(s) shall be sworn in by the City Clerk.
C. In the event an appointment cannot be made in a timely manner, the City Council, with the consent of the incumbent, may extend the incumbent’s term for up to 90 days. (Ord. 2002-07 § 1, 2002).

2.37.040 Termination of Members.
Members of the Carmel-by-the-Sea Art Board shall be terminated only under the following circumstances:
A. The member ceases to be a resident of the City, thereby causing less than a two-thirds majority of the Board to be residents of the City.
B. The member is ill or absent from the City and unable to attend three consecutive regular Board meetings, but fails to so notify either the Chairperson, Vice Chairperson, or the Community and Cultural Director.
C. The member, when neither ill nor absent from the City, fails to attend three regular consecutive Board meetings.
D. The member is terminated by a majority vote of the City Council. (Ord. 2002-07 § 1, 2002).

2.37.050 Bylaws, Policies, Rules and Procedures.
The Carmel-by-the-Sea Art Board shall adopt or maintain bylaws, policies, rules, and procedures governing parliamentary actions, election of officers and formation of committees. The bylaws shall be filed with the City Clerk. (Ord. 2002-07 § 1, 2002).

2.37.060 Duties, Responsibilities and Authority.
The Carmel-by-the-Sea Art Board shall have the following duties, responsibilities and authority:
A. To develop and upgrade the City’s permanent art collection, by advising Council on items which should be acquired or deaccessioned.
B. To direct the Art in Public Places Program, which is any work of art displayed in an open City-owned area, on the exterior of any City-owned facility, within any City-owned facility in areas designated as public areas, lobbies or for public assemblies.
C. To explore on a continuing basis the availability of funds for the Art in Public Places Program from private, corporate and government sources.
D. To review plans for the installation of art in public places.
E. To enrich the public environment for both residents and visitors to the area through their exposure to the visual arts.
F. To nurture, enhance and encourage the City’s artistic community.
G. To increase public access to works of art and to promote understanding and awareness of visual arts in the public environment.
H. To promote diversity of the visual arts through a variety of styles, designs and media.
I. To maintain a current inventory and appropriate appraisals of City-owned visual arts and to advise Council as needed on matters pertaining to the maintenance, placement, alteration, sale, transfer, ownership and acceptance or refusal of donations and other matters pertaining to art in public places. (Ord. 2002-07 § 1, 2002).

2.37.070 Authority to Expend Funds.
Under the supervision and control of the City Administrator, the Board may incur indebtedness or expend funds on behalf of the City in furtherance of its authorized objectives; provided, that the funds therefore are appropriated, approved, or budgeted by the City Council, in advance, for such purpose. (Ord. 2002-07 § 1, 2002).

(Source: http://www.codepublishing.com/CA/carmel.html)

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
MINUTES
JULY 11, 2007

IX. PUBLIC HEARINGS
1. DR 07-14
Dawson Cole Fine Art
W/s San Carlos bt. 5th & 6th
Cottage Row
Block 56, Lot(s) 17 & 19
Commercial Design Review application for the installation of an outdoor sculpture visible from the public right of way in the Central Commercial (CC) District.

Nathan Schmidt, Assistant Planner, presented the staff report. Chairman Strid opened the public hearing at 4:33 p.m. Monte Miller appeared before the Commission. There being no other appearances, the public hearing was closed at 4:34 p.m.

Commissioner HILLYARD moved to approve application as submitted, seconded by SHARP and carried by the following roll call vote:

AYES: COMMISSONERS: Hewer, Hillyard, Sharp, Wilson, Strid
NOES: None
ABSENT: None
ABSTAIN: None

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
MINUTES
SEPTEMBER 12, 2007

IX. PUBLIC HEARINGS
DR 07-21
Carmel Plaza
S/s Ocean bt. Mission & Junipero
Block 78, Lot(s) All
Commercial Design Review application for the installation of an outdoor sculpture visible from the public right of way in the Central Commercial (CC) District.

Nathan Schmidt, Assistant Planner, presented the staff report. Chairman Strid opened the public hearing at 5:07 p.m. Eileen Ovilee, Monte Miller, Shirley Human, Roberta Miller and Carrieann appeared before the Commission. There being no other appearances, the public hearing was closed at 5:20 p.m.

Commissioner WILSON moved to approve application for one (1) year with the understanding that Carmel Plaza talk with local artists to discuss the possibility of a rotating art show in this area, seconded by HEWER and carried by the following roll call vote:

AYES: COMMISSIONERS: Hewer, Hillyard, Wilson, Strid
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None

MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
JUNE 12, 2007

V. ORDERS OF BUSINESS
Request from Richard McDonald Gallery to utilize Devendorf Park for a display of his sculptures from October 12-15, 2007. Receive presentation, discuss and take appropriate action.

Commissioner Klaumann opened the discussion to the public.

Carrie Ann and Michelle McDonald presented their proposal to the Commission for the display of Mr. McDonald’s very large pieces ranging between 8 and 10 sculptures.

After discussion, a motion was made by Commissioner JETT to pursue the concept of the McDonald Gallery displaying the sculptures in Devendorf Park but to return to the July Community Activities & Cultural Commission meeting with a final proposal.

The motion was seconded by Commissioner JONES and carried by the following roll call vote:
AYES: JETT, DIXON, KLAUMANN, JONES
NOES: NONE
ABSENT: CONIGLIO
ABSTAIN: NONE

MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
JULY 10, 2007

VII. ANNOUNCEMENTS FROM THE COMMUNITY SERVICES DIRECTOR
MacDonald Gallery Exhibit October 12-15 – meeting with Carrie Ann on July 13, 2007.

MINUTES
COMMUNITY ACTIVITIES & CULTURAL COMMISSION
CITY OF CARMEL-BY-THE-SEA
SEPTEMBER 11, 2007

VII. ANNOUNCEMENTS FROM THE COMMUNITY SERVICES DIRECTOR

MacDonald Gallery Exhibit October 12-15 proceeding as planned in Devendorf Park.