By Jorge Casuso

Friday, July 16 -- At the urging of Solar Web opponents -- who painted the controversial beach sculpture as a safety hazard and potential legal liability - the city's Parks and Recreation Commission Thursday night voted to hold a public hearing before the long-anticipated City Council showdown next month.

The 5 to 1 vote to hold an emergency meeting August 4 gives opponents another chance to try and topple the proposed 16-foot-high sculpture/jungle gym, which was approved by numerous boards and agencies - including the city council - half a decade ago.

Though the commissioners cannot override the approvals, they can submit a recommendation to the council, which is scheduled to vote on August 17 on a contract for the installation and fabrication of the 52-foot by 72-foot Solar Web near the Venice border.

"I feel this is a really important issue," said commissioner Neil Carrey. "I really have serious questions about the process. To me it's not about artwork, it's about the safety issues."

The commission heard from six opponents - and two supporters - of the art work/jungle gym designed by renown environmental artist Nancy Holt to interact with the sun's seeming path through the heavens.

Arts Commissioner Alice Fellows stressed the artistic merits of the environmental art piece, and noted that the nature of public art is to cause controversy. Civilizations, she said, are gauged by the artworks they leave behind.

"We really support this piece because it is an extraordinary and important sculpture by an extraordinary and important artist," Fellows said.

Opponents, however, played down the artistic arguments, making a case that the sculpture will be a safety hazard for children who will be tempted to climb its aluminum bars.

"The fact remains that both kids and adults will climb it - because it's there," said Jean Ann Holbrook. "And if there's a fence around it, they'll climb the fence too. And when an accident happens, we will have a child or young adult who didn't need to be hurt."

City staff said that the safety issues had been addressed.

"The project has been extensively engineered," said Barbara Stinchfield, the city's director of cultural affairs. "We've met with the city attorney and risk management. They feel this can go forward as recommended. They've determined this is not climbable by children."

Proponents of the sculpture said the aluminum bars are five-inches in diameter, too wide for a child's hand to grasp. They also noted that the edges are rounded and that there is a 6-inch think rubber mat covering the concrete circle on the sand at the center of the sculpture that marks the summer and winter solstices.

"A young child cannot climb it, a young child cannot grasp it," said Bruria Finkel, who proposed the sculpture as part of a beach arts project 15 years ago. "The piece is risk management clear."

Not so, said Bob Gabriel, an insurance broker, and Rosario Perry, an attorney who handles liability cases. They warned that the city could stand to lose millions in lawsuits.

"As a self insured city, we're on the hook for at least $1 million for insurance," said Gabriel, a former City Council member. "Let's use the money prudently. Let's use it for our children, maybe use it for some nice art pieces for the library."

The sculpture, which is expected to take half a year to fabricate will cost $270,000, most of it from arts grants. The initial cost in 1985 was $50,000.

"Fifteen years is just a very long time," Finkel said. "The longer we wait, the more expensive it is."

But opponents noted that the sculpture was approved not only as an art work but as a jungle gym, and that it steps up to the 16-foot height.

The focused on safety, on how children will likely climb and fall from the 16-foot sculpture

The commission - had no power to take action - was concerned about safety issues