By Janet Friesen
I love art for all the positive energy it brings into our life, and I also love art for the controversy it can provoke. I decided to do an article on Big Clay #4, the 45-foot sculpture by Urs Fischer that Bill and Maria Bell own and display at their residence on PCH. Why did the City of Malibu determine that this sculpture must be taken down? I spoke to the artist, residents, city of cials and arts commission members to try to understand this complex and emotional issue.
In March of 2016, the City Council ruling on an appeal by the owners, determined that Big Clay was a “structure” and must be taken down be- cause it was over the height limit of 28 feet, “Signi cantly “ obstructed public and private views” and had a foundation. Watch this link for more detailed info on City Council ruling. Staff reports call all art seen as public art. https://www.malibucity.org/AgendaCenter/ViewFile/Agenda/11142016-865
As I asked questions, I learned that there is nothing in the municipal code that states a piece of art is a structure. And I’ve learned that the City has many sculptures which do not have CDP permits (Coastal Development Permits). It was pointed out to me by a city of cial (who wished to remain anonymous) that there are currently sculptures without CDP permits in Legacy Park.
“ Big Clay is NOT a structure, it’s a sculpture, bottom line. That is what it was intended to be, and that’s what it is. You don’t inhabit it, you don’t use it, it doesn’t give you shelter. It doesn’t do anything. Art doesn’t make direct sense. Art doesn’t have a direct purpose, structures usually do.” -URS FISCHER
I met Urs Fischer 6 years ago at a friend’s house in Malibu and recently spoke with him about the controversy surrounding his work. Here are some excerpts from that conversation:
JF: Why in your opinion are the City and some residents making such a big deal over this?
UF: Maybe they don’t want to see different people with different opinions. Sometimes people pay
a lot of money for the homes they have and they fear their investment gets undermined. They don’t share the same values and there you have a problem.
When I’m in Malibu and I look down, I see houses that don’t integrate that well into the beautiful landscape. They are a bigger eyesore to me. And let’s say a lot of cars that move down the street, or trucks, they’re as big as the sculpture, almost. They’re not very pretty either. If you come from an aesthetic point of view I would say that is a bigger issue.
JF: How do you respond to your work being la- beled a structure?
UR: Big Clay is NOT a structure, it’s a sculpture, bottom line. That is what it was intended to be, and that’s what it is. You don’t inhabit it, you don’t use it, it doesn’t give you shelter. It doesn’t do anything. Art doesn’t make direct sense. Art doesn’t have a direct purpose, structures usually do.
JF: What would you like the outcome to be?
UR: I’d like Big Clay to stay there and not be seen as an obstruction. There is nature and then there are man-made things.
Of all man-made things that you can see in Mal- ibu, I don’t think it’s the “most obscene” to me. It’s closer to nature than some other ‘structures’ built by humans.
Urs referred to the following letter he sent to the City:
“I have gotten to know Bill and Maria Bell over many years as one of the world’s leading patrons of contemporary art. Their continuous support has been enabling many great things to happen for many artists. In 2013 I had a major retrospective of my work at the Museum of Contemporary Art in Los Angeles. At the time Maria Bell was the chairman of the board at the museum. The sculpture in question was an integral part of that show.
To have this sculpture in their collection, parts of which are installed in the stunning building by the grandmaster of Japanese architecture, Tadao Ando at 27712 PCH means a lot to me.
Mr. Ando’s framing of landscape heightens our experience of it the same way as a poem or an artwork reflects and helps us to see, to understand, what we experience. The low-lying building he created for the Bells, with its disciplined spatial gestures, faces west. It frames the view from the Paci c coast. At the other side of the Paci c lies Japan, the home of Mr.Ando, the home of his heritage he works from. This leap across the Pacif- ic is something to take into consideration to understand the ensemble that the building forms with my sculpture.
Eastern calligraphy attempts to captivate, through the motion of the brush, a profound understanding that can be shared with everyone. In play with one of the most stunning landscapes in the world, Malibu and Mr.Ando’s almost invisible building, the very essence of my sculpture starts to unfold: our urge to hold on to and express the beauty we experience in life.
The original clay model for the Big Clay sculpture comes from holding a portion of clay that ts in a palm. It is formed with both hands in a sensu- al and repetitive gesture, like a bodily motion. I stop before a conscious composition comes into play. In order to just represent a moment, before it represents something speci c. I made hundreds of small models, then I start the selection process, not unlike a talent show, by elimination. I continue until only one is left. This model gets enlarged through a series of technological means before it gets cast in metal.
The final sculpture stands for a moment. A moment which we wish we could preserve. Like a sunset over the Paci c, the taste of a fruit, a smell or a human touch.
One might ask why a sculpture, based on a simple gesture, has to be this big. My understanding is that, at rst glance, landscape is very elementary, like a draw- ing made by a child’s. Sky, mountain, ocean, sun. Big things. Big clay is nothing else than elementary.
The longer we contemplate landscape we see details. Vegetation, animals, insects, rocks and structures. All of them build a big picture. Everything is the same, an oak tree is an oak tree, but each has its own expression. That is what makes life precious.
My sculpture attempts to speak about that. The individual in the in nite variety that is life.
To me, the situation of the remarkable landscape Paci c coastline, the building by Mr.Ando and my sculpture, form a coexistence that is not to be understood as an intrusive act but as one that seeks harmony with the landscape it sits in.
Bill and Maria Bell’s dedication to Malibu and their extensive involvement in the visual arts are an enrichment to the community. It is not often that we meet such open minds, even rarer someone that acts on it. I have great admiration for them and their endeavors.
I hope you will agree to allow Big Clay to stand where it is. I strongly feel that the piece found its home. Thank you,
Urs Fischer
In a Planning Commission meeting in March of 2016, John Mazza vice chair of the planning commission concluded that the sculpture is not a structure. He read the whole code and found nothing that would prevent Big Clay from remaining. Public views are the only thing that possibly came up. Because the piece is more than a 1000 feet from a private residence, a resident’s complaint is not valid. Big Clay is very dif cult to see from PCH so Mazza concluded it doesn’t obstruct the public’s view. Mazza reread the municipal code and found that there are zero requirements for regulating art.
He said that unfortunately the art task force was ignored by the city council when they recommended that the city adopt regulations. Mazza concluded,“ I don’t see any regulation of public art in the history of Malibu.” He cited public art at the old courthouse and a 25 foot Tony Smith sculpture at a private residence as examples of art that have no permit. Mazza concluded ”I’m going to make the motion that this project does not require the Planning Commission to act on it. It’s not covered by Malibu codes or the LCP.” (Local Coastal Plan).
David Brotman, head of planning, concluded, “This is a gray area we have here. Council set this thing up and it requires some legislation. There is enough history about artwork and the City’s desire to have artwork, that there is a hole there some- place and so I don’t think I can grant the variance but I don’t want to vote against this thing… the council has made such a big deal about public art. It is in some way public art … the artwork in this house is phenomenal; it takes your breath away. I’m sorry, there is a place for something like this in this world even in rural Malibu… I’m going to vote however I can to kick it upstairs.”
(Watch this link for March 7, 2016 planning commission meeting http://malibu.granicus.com/MediaPlayer.php?clip_id=1173)
Minutes from City Council meeting June 13th 2016
MOTION
Mayor ProTem La Monte moved and Councilmember Sibert seconded
a motion to adopt Resolution No. 16-30 denying Appeal No. 16-002 and denying Administrative Plan Review No. 15-108 and Variance No. 15-047 for the after-the-fact-placement of a 45-foot tall art sculpture with a 20-foot by 20-foot base in the Rural Residential-Two Acre (RR-2) zoning district located at 27712 Paci c Coast Highway (Rosebud Ventures, LLC). The question was called and the motion carried 3-1-0, Councilmember Peak dissenting and Councilmember House absent.
At the City Council meeting this February, neighbor Marc Gurvitz a neighbor who has complained about Big Clay said, “So at some point, it has got to come down, or I don’t think anyone in this room should even bother to apply for a permit,
just do what you want, because no one is going to do anything about it any- way.” However for Gurvitz to have a valid complaint, his view obstruction must be within 1000 ft and block signi cant views of the ocean or canyons. Gurvitz
is approximately 1,250 feet away. Another neighbor across the highway com- plained but did not have a view determination. He can not see Big Clay because of the trees. Big Clay is referred to as public art by some because it can be seen by the public.
Concern came up in a conversation I had with a City Council member that if Big Clay fell down and possibly injured or kill someone, the City would be held responsible. I emailed Joseph Perazzelli, who did the structural engineering on the base for the sculpture: “The permanent foundation base for the sculpture is a 21’x23’ two way,
12” structural concrete slab
supported on four sides by 18” wide continuous footings embedded 24” into competent bearing soil.
All concrete is 3000 psi, inspection required.
The slab design is made to resist a combination of loads: Dead Load + Wind
or Seismic.
And the base dimensions are proportioned to contribute a 1.5 factor of safety against overturning.
The 1” stainless steel sculpture base is connected to the concrete with 32- 7/8”diameter epoxy anchor bolts
spaced approximately 12” of just within the cast aluminum shape to resist uplift and shear.” Aby Rosen,real estate investor and collector, installed a Big Clay in NYC.
“It’s 2 feet high and weighs 20 tons. “I’m spending a million dollars to install it. It’s something that’s pushing the envelope.”
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