Subject: RESOLUTION PERMITTING INSTALLATION OF SHARK
BYTE ART EXHIBIT ON CITY SIDEWALKS
COUNCIL DISTRICT: 3
Adoption of a resolution:
(1) Permitting the installation of the SharkByte Art temporary exhibit on city sidewalks;
(2) Authorizing the City Manager to negotiate and execute an agreement with the San José Downtown Association regarding design review, liability coverage, required conditions, permits and approvals for the exhibit; and
(3) Granting San José Downtown Association a $20,000 sponsorship to be used to cover project expenses.
BACKGROUND
In June 2000, the City of San José received a proposal for a temporary art exhibit, SharkByte Art, to take place from July 1 through October 31, 2001 in Downtown San José. Similar in nature to the Cows on Parade exhibits in Chicago and New York, the project was proposed by a San José business owner.
In November 2000, staff representing multiple City Departments met for a preliminary discussion of issues including potential impacts of the project on public property, required permits, liability, installation, maintenance and sign ordinance provisions. The general consensus of City staff was that the project was feasible, as long as all applicable permits, insurance and other City requirements were met.
Subsequently, the San José Downtown Association (SJDA) assumed SharkByte Art as one of its productions and now serves as the project lead in all discussions with the City. In order to allow for optimal planning and coordination with other Downtown activities, SJDA has revised the exhibit period to three months: August 1 through October 31, 2001.
Exhibit Description
This project consists of fiberglass sharks, 6’ tall by 4.5’ wide, to be enhanced by regional artists as individual artworks sponsored by local organizations, businesses or individuals, and to be placed on public and private property primarily in the Downtown. Proposed installation locations include sidewalks, paseos, plazas, parks and other public property, including San José International Airport. Some private property placements could occur, with the condition that the pieces would be accessible to the public. Authority is requested for installation of up to 150 sharks on public property.
Artwork designs would be approved by an SJDA-appointed selection committee, and artists selected to create the artworks would receive a $1,000 honorarium per piece. The fiberglass shark mold is designed to be affixed to a weighted concrete base, so as to require no intrusion into the surface upon which a piece is located. Installation, maintenance and removal would be the sole responsibility of the SJDA, and would be subject to all permits, authorizations and insurance required by the City.
On March 27, 2001, the Public Art Committee of the Arts Commission reviewed SharkByte Art as an “art in public places” project. The Committee endorsed the proposed design specifications, artist and design selection process, and community outreach. On April 11, 2001, the Arts Commission accepted the Public Art Committee’s recommendation to endorse SharkByte Art’s project design and process.
Promotional and Cultural Benefits
It is anticipated that the City will derive increased parking revenue and tax revenues from hotel room nights and retail sales, driven by an estimated 750,000 to 1,000,000 viewers over three months. Media sponsors will include television, print, outdoor, Internet and radio. The San José Convention and Visitors Bureau is collaborating with the SJDA to produce walking tour maps which will encourage residents and visitors to enjoy the full range of unique artistic expression that will result from the participation of dozens of artists. The physical layout of the exhibit will also lead viewers to discover additional San José opportunities, including museums, theaters, restaurants, parks and businesses.
After the exhibit, an auction of the artworks will be conducted, with 70% of the proceeds going to the non-profit organization chosen by each shark’s sponsor, 15% dedicated to a City of San José Arts Fund and 15% reserved for production and auction expenses. Total auction proceeds are conservatively estimated at $250,000 (100 sharks @ $2,500 each), which would result in $37,500 in funding for the City of San José Arts Fund. In fact, it is possible that the average auction price may be higher, as experienced by auctions of two similar exhibits:
· BigPigGig, exhibited May through October 2000 in Greater Cincinnati: 201 pieces selling for $792,843, for an average auction price of $3,944.
· Horsemania, exhibited Summer 2000 in Lexington, Kentucky: 79 pieces selling for $761,300, for an average auction price of $9,637.
On March 14, 2001, the Arts Commission endorsed the exhibit as a unique opportunity for a temporary art in public places installation that would promote the City of San José and bring benefit to its artists and residents. The Arts Commission would make a recommendation to City Council regarding the use of all SharkByte Art auction proceeds accruing to the City of San José Arts Fund.
Permits, Liability and Agreement
Municipal Code Section 13.20.010 provides that the City Council may, by resolution, permit an activity on city sidewalks for a limited period of time, provided that the Council finds that the activity does not unreasonably impede the free passage of traffic on sidewalks or into adjacent stores. To ensure that this condition and all ADA requirements are met for any proposed sidewalk location, installation locations will be reviewed by one or more of the following: Parks, Recreation and Neighborhood Services; Conventions, Arts and Entertainment, Office of Cultural Affairs; Department of Transportation; Public Works; and/or the Redevelopment Agency. Overall traffic and pedestrian impacts of the exhibit will be reviewed by the Police Department.
Based on a preliminary review of proposed locations, City staff has determined that Paseo/Plaza Use Permits and Park Use Permits will be required, in addition to City Council approval of installation of sharks on sidewalks. Furthermore, other permits may be required prior to installation, depending on final location selection. After City staff has had an opportunity to review each location and the physical characteristics of the artwork for each site, the specific permit requirements and approvals applicable to each site’s conditions will be identified.
Prior to the installation of SharkByte Art, the SJDA would be required to enter into an Agreement with the City regarding general exhibit conditions, design approval, liability insurance and indemnification as required by the Risk Manager, maintenance obligations, property damage repair obligations and any other requirements as determined by the City Manager.
City Support
After assuming leadership of SharkByte Art, the SJDA approached the Arts Commission for City support to assist with project expenses. On May 9, 2001, the Commission considered the cultural benefits of the project and noted the return on investment and subsequent benefit to the community that the project would provide through the City of San José Arts Fund. The Commission recommended that the City provide sponsorship funding, out of FY 2000-01 unexpended Transient Occupancy Tax funds, in the amount of $20,000, to be used to cover project expenses including all necessary City permits.
All discussion and action regarding SharkByte Art by the Arts Commission and its committees were agendized items in public meetings. Agendas were posted in compliance with the Brown Act and mailed to all requesting parties.
This memorandum has been coordinated with the City Attorney’s Office, Risk Management, the Department of Transportation, Parks, Recreation and Neighborhood Services, Public Works, Police Department, the Redevelopment Agency and the San José Downtown Association.
BUDGET REFERENCE
Fund: Transient Occupancy Tax Fund (461)
Amount: $20,000
Budget Document: Adopted FY 2000-01 Operating Budget as modified by
Ordinance No. 26213 on 10/17/00
NANCY JOHNSON
Director, Conventions, Arts and Entertainment