Item 9 Staff Report Adopt Resolution Authorizing the Interim Town Manager to Execute an Agreement Amendment with Artist Eric Ziemelis Extending the Loan of the "Eolian" Sculpture Through June 2001MEETING DATE: 10/16/00
ITEM NO. ity
COUNCIL AGENDA REPORT
DATE: October 5, 2000
TO: MAYOR AND TOWN COUNCI
FROM: INTERIM TOWN MAN
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE INTERIM TOWN MANAGER TO
EXECUTE AN AGREEMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE
LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 2001
RECOMMENDATION:
Adopt resolution authorizing the Interim Town Manager to execute an agreement with artist Eric Ziemelis extending
the loan of the "Eolian" sculpture through June 2001 (Attachment 1) per the Arts Commission's recommendation.
BACKGROUND:
Resolution 1992-78 concerning long-term loans, gifts, purchases, and commissions of artworks establishes an Art
Selection Panel responsible for advising the Arts Commission on the acceptance of gifts and loans of art to the
Town. The policy requires Council approval of all long-term art installations on Town property. The Ziemelis loan
was approved by Council and has been displayed in the Town since 1991. The initial loan was for five years and
subsequently amended for an additional three years. The current loan agreement has expired and must be renewed
if the Town is to continue to maintain and display the piece.
DISCUSSION:
Both the Art Selection Panel and the Arts Commission recommend extension of the loan. The proposed loan
agreement allows the work to stay through June 2001 and provides for three one year extensions. If Council does
not adopt the resolution then the artist will be asked to remove the sculpture.
ENVIRONMENTAL ASSESSMENTS:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
No additional costs are anticipated as a result of extending the loan agreement with Eric Ziemelis.
PREPARED BY: Regina A. Falkner
Community Servic
•
ctor
N:\csd\tcrptsziemelis.rpt
Reviewed by: /' Attorney Revised: 10/5/00 2:45 PM
Reformatted: 7/14/99
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE AN
AGREEMENT WITH ARTIST ERIC ZIEMELIS
October 5, 2000
Attachments:
1. Draft Resolution Authorizing the Interim Town Manager to Execute an Agreement with Eric Ziemelis
2. Loan Agreement Extending the Ziemelis "Eolian" Sculpture Loan
Distribution:
Arts Commission
Art Selection Panel
Eric Ziemelis, 238 W. California, Sunnyvale, CA 94086
RESOLUTION NO. 2000-120
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE
AN AGREEMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE
LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 2001
WITH THREE (3) ONE-YEAR RENEWAL OPTIONS
WHEREAS, the Town Council adopted Resolution 1991- l 06, "Accepting a
Sculpture for Eric Ziemelis as a Loan"; and
WHEREAS, the Town Council wishes to encourage the placement of art in
public places; and
WHEREAS, loan extension has been considered in accordance with Resolution
1992-78 adopting Public Art Selection Policies and Procedures; and
WHEREAS, the loan agreement was extended through Resolution 1997-30; and
WHEREAS, the Arts Commission has recommended to the Council that the loan
of artwork be extended to June 30, 2001; and
WHEREAS, a loan agreement amendment has been prepared and is attached as
Exhibit A.
THEREFORE, BE IT RESOLVED: that the Town of Los Gatos authorizes the
Interim Town Manager to execute: 1) the loan agreement extension attached as Exhibit A;
and 2) subsequent amendments as proposed in the Exhibit.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 16th day of October, 2000 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Linda Lubeck, Joe Pirzynski,
Mayor Steven Blanton
NAYS: None
ABSENT: Jan Hutchins
ABSTAIN: None
SIGNED: /s/ Steven Blanton
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/33
Attachment 2
TowN OF Los GATOS
October 3, 2000
Eric Ziemelis
238 W. California
Sunnyvale, CA 94086
Dear Mr. Ziemelis:
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los GATos, CA 9503 I
CELEBRATING
COMMUNITY
• 3[RV IGE9
At its October 5, 2000 meeting, the Arts Commission reviewed the recommendations,of the Art Selection Panel regarding the
extension of your loan agreement with the Town of your "Eolian" sculpture. At that time, the Commission agreed that an
extension through June 2001 with three one year renewal options in the Town of Los Gatos would be appropriate.
This letter constitutes an amendment to the attached Loan Receipt dated May 22, 1991. This amendment will extend the
period through June 30, 2001 with three (3) one-year options in the Town of Los Gatos. All terms of the original Loan
Receipt, as well as the Art Exhibition Agreement and Release of Liability, will then remain in full effect through June 30,
2001.
If you agree to this amendment, please sign both copies of this letter, return one copy to me, and retain the second for your
records. Please be advised that the Town Council must still authorize the extension of the loan agreement as proposed herein.
If you can return the executed Letter of Agreement by October 9, 2000, we can submit the loan extension to Council for
consideration at its meeting of October 16, 2000. Please feel free to contact me at (408) 354-6820 if you have further
questions.
Sincerely,
Regina A. Falkner
Community Services Director
Attachments:
Approved: Approved/Town of Los Gatos:
Eric Ziemelis Les White, Interim Town Manager
Approved as to Form: Attest:
Orry Korb, Town Attorney Marian V. Cosgrove, Clerk of the Town of Los Gatos
n:\csd\intern\ziemelis. agr
Attachment 1
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE INTERIM TOWN MANAGER TO EXECUTE
AN AGREEMENT WITH ARTIST ERIC ZIEMELIS EXTENDING THE
LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 2001
WITH THREE (3) ONE-YEAR RENEWAL OPTIONS
WHEREAS, the Town Council adopted Resolution 1991-106, "Accepting a
Sculpture for Eric Ziemelis as a Loan"; and
WHEREAS, the Town Council wishes to encourage the placement of art in
public places; and
WHEREAS, loan extension has been considered in accordance with Resolution
1992-78 adopting Public Art Selection Policies and Procedures; and
WHEREAS, the loan agreement was extended through Resolution 1997-30; and
WHEREAS, the Arts Commission has recommended to the Council that the loan
of artwork be extended to June 30, 2001; and
WHEREAS, a loan agreement amendment has been prepared and is attached as
Exhibit A.
THEREFORE, BE IT RESOLVED: that the Town of Los Gatos authorizes the
Interim Town Manager to execute: 1) the loan agreement extension attached as Exhibit A;
and 2) subsequent amendments as proposed in the Exhibit.
PASSED AND ADOPTED at a meeting of the Town Council of the Town
of Los Gatos, California, held on the day of , 2000 by the following
vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
n:\csd\8070\ziemelis.res 1
Attachment 2
TOWN OF LOS GATOS
October 3, 2000
Eric Ziemelis
238 W. California
Sunnyvale, CA 94086
Dear Mr. Ziemelis:
CIVIC CENTER
110 E. MAIN STREET
P.O. Box 949
Los GATOS, CA 95031
CELEBRAT!NO
COMMUNITY
SGRVICES
At its October 5, 2000 meeting, the Arts Commission reviewed the recommendations of the Art Selection Panel regarding the
extension of your loan agreement with the Town of your "Eolian" sculpture. At that time, the Commission agreed that an
extension through June 2001 with three one year renewal options in the Town of Los Gatos would be appropriate.
This letter constitutes an amendment to the attached Loan Receipt dated May 22, 1991. This amendment will extend the
period through June 30, 2001 with three (3) one-year options in the Town of Los Gatos. All terms of the original Loan
Receipt, as well as the Art Exhibition Agreement and Release of Liability, will then remain in full effect through June 30,
2001.
If you agree to this amendment, please sign both copies of this letter, return one copy to me, and retain the second for your
records. Please be advised that the Town Council must still authorize the extension of the loan agreement as proposed herein.
If you can return the executed Letter of Agreement by October 9, 2000, we can submit the loan extension to Council for
consideration at its meeting of October 16, 2000. Please feel free to contact me at (408) 354-6820 if you have further
questions.
Sincerely,
Regina A. Falkner
Community Services Director
Attachments:
Approved: Approved/Town of Los Gatos:
Eric Ziemelis Les White, Interim Town Manager
Approved as to Form: Attest:
Orry Korb, Town Attorney Marian V. Cosgrove, Clerk of the Town of Los Gatos
n:\csd\intern\ziemelis. agr
Town Council Minutes October 16, 2000
Redevelopment Agency Los Gatos, California
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council accept donation of $20,000 for re-
lighting of the Community Christmas Tree in the Town Plaza. Carried by 4 ayes. Mr. Hutchins absent.
"EOLIAN" SCULPTURE/ERIC ZIEMELIS/LOAN EXTENSION/RESOLUTION 2000-120 (09.28)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-120
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE INTERIM
TOWN MANAGER TO EXECUTE AN AGREEMENT WITH ARTIST ERIC ZIEMELIS
EXTENDING THE LOAN OF THE "EOLIAN" SCULPTURE THROUGH JUNE 2001 WITH
THREE (3) ONE-YEAR RENEWAL OPTIONS.
WOODED VIEW DRIVE 280/FAMILY RESIDENCE/RESOLUTION 2000-121 (10.15)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-121
entitled, RESOLUTION OF THE TOWN OF LOS GATOS REMANDING AN APPEAL OF A
PLANNING COMMISSION DECISION TO DENY AN APPLICATION FOR CONSTRUCTION
OF A NEW SINGLE FAMILY RESIDENCE ON PROPERTY ZONED HR-2 1/2 . Carried by
a vote of 4 ayes. Mr. Hutchins absent.
BILLING RATES FOR STAFF HOURS/EXPEDITED MAIL/RESOLUTION 2000-122 (11.09.28)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-122
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING BILLING RATES FOR
STAFF HOURS AND REDUCING EXPEDITED MAILING FEES. Carried by a vote of 4 ayes.
Mr. Hutchins absent.
BRIDGES ON QUITO ROAD/SARATOGA AGREEMENT/RESOLUTION 2000-123 (12.28)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-123
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH THE CITY OF
SARATOGA AND THE SANTA CLARA VALLEY WATER DISTRICT FOR THE
REPLACEMENT OF TWO BRIDGES ON QUITO ROAD. Carried by a vote of 4 ayes. Mr.
Hutchins absent.
ANNUAL STREET RESURFACING/PROJECT 9804 (13.28)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council authorize the Town Manager to
reduce the withheld retention for the project to $21,500. Carried by a vote of 4 ayes. Mr. Hutchins
absent.
PROPOSITION 35/COUNCIL SUPPORT/LEGISLATION/RESOLUTION 2000-124 (14.28)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-124
entitled, RESOLUTION OF THE TOWN OF LOS GATOS SUPPORTING PROPOSITION 35.
Carried by a vote of 4 ayes. Mr. Hutchins absent.
UNIVERSITY AVENUE 750/NOTICE OF COMPLETION/RESOLUTION 2000-125 (15.15)
Motion by Mr. Pirzynski, seconded by Mr. Attaway, that Council adopt Resolution 2000-125
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF THE
DEVELOPER, MCCANDLESS MANAGEMENT CORPORATION, FOR THE OFFICE
TC:1310:MM101600
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