March 29, 2000    Cupertino, California  Since 1947

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    City accepts Apple funds instead of art

    By Jeff Kearns

    Instead of replacing the public art that it removed from its corporate headquarters two years ago, Apple Computer will pay the city a $100,000 fee. City Councilmembers voted to accept the payment on March 20, but they haven't determined how or where the city will spend it.

    The council accepted Apple's proposal after a relatively short hearing and round of comments. Mayor John Statton used the forum to again criticize Apple's community involvement efforts.

    "I wouldn't characterize [Apple's payment] as generous," Statton said. "Apple did make a commitment firmly when they built that campus that there would be public art there. They did put in the art as they agreed to, they did remove the art as we had not agreed to, and now they're back trying to figure out what to do with their art requirement."

    The payment offer comes at the end of the company's 18-month extension to comply with the public art requirement, which expired on March 8.

    Calls to Apple Government Affairs Director Kathy Hutchison were referred to a public relations agency. An employee there, who refused to identify himself or the agency, said Apple decided to pay the fees instead of replacing the art because it made more sense to company officials to give the money to the city to use however it saw fit.

    Asked why Apple removed the public art in the first place, the unidentified public relations person said Apple's director of facilities could not answer the question because he didn't work for the company when officials removed the art.

    In a Feb. 28 letter to the council, Apple Vice President of Real Estate and Development Allen Moyer said Apple met with city officials and discussed a variety of "thoughtful, creative solutions" to fulfill the company's public art obligation. But, ultimately, the company proposed paying the city $100,000.

    "Although we appreciate their willingness to give us an in-lieu fee, and that's a positive thing, this is basically just them stepping up to the plate and taking care of what they committed to do 10 years ago," Satton said. "This is by no means a donation to the community."

    When Apple won approval to develop its world headquarters campus on De Anza Boulevard at Interstate 280 in 1990, it also agreed to provide up to $100,000 worth of public art on the campus, in order to obtain its use permit. The company installed a sculpture garden of oversized graphic icons from the early days of the Macintosh, on the Mariani Avenue side of the campus in 1993, but then removed the icons in 1998. When city officials contacted Apple about the art requirement, the company asked for and received the 18-month extension.

    Moyer, in his letter to the council, said the $100,000 would be "allocated among community programs or facilities, including art work, as mutually agreed upon by the council and Apple." Councilmembers, however, were quick to assert that decisions on how and where to spend the money would be theirs alone, although they did invite Apple's input in the process.

    In accepting the offer, councilmembers said they will work with Apple and the city's Fine Arts Commission to figure out how best to spend the funds. They, then, will make a final decision based on the Fine Arts Commission's recommendation.

    The Fine Arts Commission discussed how to handle the Apple proposal at a February meeting, and recommended that the city accept the money, subject to conditions. The committee said the money should be used for art only, not facilities or programs, and that it be managed by the commission and concentrated in a single location.

    The commission also said Apple's payment shouldn't be used for a planned public art display at the Four Seasons Corner, the grassy area on the southeast corner of Stevens Creek and De Anza boulevards. That art project has already been partially funded with about $150,000 from other development fees.

    Councilmembers, however, decided to put off making a final decision on how to use the money.

    basically just them stepping up to the plate and taking care of what they committed to do 10 years ago," Satton said. "This is by no means a donation to the community." More than 10 years ago, Statton worked as community relations director for Apple.

    When Apple won approval to develop its world headquarters campus on De Anza Boulevard at Interstate 280 in 1990, it also agreed to provide up to $100,000 worth of public art on the campus, in order to obtain its use permit. The company installed a sculpture garden of oversized graphic icons from the early days of the Macintosh, on the Mariani Avenue side of the campus in 1993, but then removed the icons in 1998. When city officials contacted Apple about the art requirement, the company asked for and received the 18-month extension.

    Moyer, in his letter to the council, said the $100,000 would be "allocated among community programs or facilities, including art work, as mutually agreed upon by the council and Apple." Councilmembers, however, were quick to assert that decisions on how and where to spend the money would be theirs alone, although they did invite Apple's input in the process.

    In accepting the offer, councilmembers said they will work with Apple and the city's Fine Arts Commission to figure out how best to spend the funds.



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