ACC Packet 05-22-23CITY OF CUPERTINO
ARTS AND CULTURE COMMISSION
AGENDA
10300 Torre Avenue, City Hall, Conference Room C
Monday, May 22, 2023
6:30 PM
CALL TO ORDER
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1.Subject: Vice Chair Selection
Recommended Action: Conduct the selection of the Vice Chair.
2.Subject: Email Phishing Campaign Presentation from the City's Infrastructure Division
Recommended Action: Receive Email Phishing Campaign presentation from the City's
Infrastructure Division.
3.Subject: Presentation on CMC 19.148: Required Artwork in Public and Private
Developments
Recommended Action: Receive a presentation on CMC 19.148: Required Artwork in
Public and Private Developments.
A - Municipal Code Chapter 19.148 Required Artwork in Public and Private Developments
APPROVAL OF MINUTES
4.Subject: Meeting Minutes for the March 27, 2023 Arts and Culture Commission
Meeting
Recommended Action: Review and approve the minutes for the March 27, 2023 Arts
and Culture Commission meeting.
A - Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
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Arts and Culture Commission Agenda May 22, 2023
WRITTEN COMMUNICATIONS
OLD BUSINESS
NEW BUSINESS
5.Subject: Consider public art for Jollyman Park
Recommended Action: Receive a presentation and provide feedback on public art for
the All-Inclusive Playground project at Jollyman Park.
STAFF AND COMMISSION REPORTS
COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS
FUTURE AGENDA SETTING
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue, Cupertino, California 95014, during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment .
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CITY OF CUPERTINO
Agenda Item
23-12320 Agenda Date: 5/22/2023
Agenda #: 1.
Subject: Vice Chair Selection
Conduct the selection of the Vice Chair.
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CITY OF CUPERTINO
Agenda Item
23-12321 Agenda Date: 5/22/2023
Agenda #: 2.
Subject: Email Phishing Campaign Presentation from the City's Infrastructure Division
Receive Email Phishing Campaign presentation from the City's Infrastructure Division.
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CITY OF CUPERTINO
Agenda Item
23-12322 Agenda Date: 5/22/2023
Agenda #: 3.
Subject: Presentation on CMC 19.148: Required Artwork in Public and Private Developments
Receive a presentation on CMC 19.148: Required Artwork in Public and Private Developments.
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CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS
Section
19.148.010 Purpose and intent.
19.148.020 Applicability of regulations.
19.148.030 Permitted artwork.
19.148.040 Ineligible artwork.
19.148.050 Application procedures for public artwork.
19.148.060 Design criteria and artist qualifications.
19.148.070 Minimum artwork value.
19.148.080 Maintenance requirements.
19.148.090 In lieu payment for artwork is discouraged.
19.148.010 Purpose and Intent.
The purpose of this chapter is to provide a review framework for public art in both public and private developments in the
City of Cupertino, commensurate with the following specific goals, as described in the Cupertino General Plan:
A. Enhance community character and identity;
B. Provide attractive public arts to residents and visitors alike;
C. Stimulate opportunities for the arts through cooperative relations between local business and the City.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.020 Applicability of Regulations.
A. Any development of ten thousand sq. ft. or larger involving construction of new buildings and/or the expansion of
existing buildings shall be subject to the requirements of this chapter.
B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may
be required when deemed appropriate by the City Council.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)
19.148.030 Permitted Artwork.
Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following:
A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of
materials;
B. Painting: all media, including portable and permanently affixed works, such as murals;
C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale;
D. Mosaics;
E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles;
F. Any other form of work of art determined by the Arts and Culture Commission to satisfy the intent of this chapter.
(Ord. 22-2241, § 8, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.040 Ineligible Artwork.
The following shall not be considered eligible to satisfy the requirements of this chapter:
A. Reproductions of original works of art, whether by mechanical or other means. However, permitted artwork may
include limited editions, controlled by the artist, of original prints, cast sculpture, photographs, or other art forms;
B. Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements
are integral parts of original signed artworks;
C. Art objects which are mass-produced from a standard design, such as playground equipment, fountains, flags or
banners;
D. Landscaping and garden features, except where these elements are designed by the artist and are an integral part of
a fine artwork.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.050 Application Procedures for Public Artwork.
A. An application for public artwork shall include all requirements of Chapter 19.12.
B. Application for public art for a new development shall be made in conjunction with the review of the permits for the
entire project, in order that the design and location be taken into consideration at the time of architectural and site planning,
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as outlined in Chapter 19.168.
C. The Arts and Culture Commission shall review for approval the public art application and artwork. The decision of the
Arts and Culture Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino
Municipal Code, or as amended.
(Ord. 22-2241, § 9, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.060 Design Criteria and Artist Qualifications.
It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the
City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer
of the property, but the artwork and its location is subject to approval of the Arts and Culture Commission.
A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed
artwork meets the following criteria:
A. The artwork is of a nature specified in Section 19.148.030.
B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be
met with several works of art when specifically found by the Arts and Culture Commission to fulfill the intent of this chapter.
The artwork shall be an integral part of the landscaping and/or architecture of the buildings.
C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the
project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building
exteriors. The artwork must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a
development should make a major statement and be visible from the main parking lot, if any. When located in proximity to
major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist.
D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to
the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms
of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers
in a moving vehicle or pedestrians not less than 100 feet away.
E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used
shall be durable and resistant to graffiti and the effects of weather.
F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order
to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The
developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using
artists whose work is already displayed as public art within the City of Cupertino boundaries.
G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements,
expressions of obvious bad taste or profanity shall not be approved.
H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided.
I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches.
The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of
installation, title and artist, and medium.
J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached
or recorded to the existing CC&R's or otherwise recorded on the property deed, to advise subsequent property owners of
their obligations to maintain the artwork.
K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program
Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040, or as later amended.
L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be
primarily for the purpose of determining the artist's experience with artwork of monumental proportion.
(Ord. 22-2241, § 10, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, shall be one
percent of the construction valuation, with the following tiers:
A 1% of the first $100 million of construction valuation.
B. 0.9% of construction valuation for valuation in excess of $100 million.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.080 Maintenance Requirements.
The property owner shall maintain the artwork in good condition continuously after its installation, as determined
appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification
plaque. Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or
repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event
that the artwork is located in the public right-of-way, a maintenance agreement with the City shall be required.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.090 In Lieu Payment for Artwork is Discouraged.
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In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner
may apply to the Arts and Culture Commission for an in lieu payment alternative on projects that lack an appropriate location
for public art, although such alternative is strongly discouraged. In such cases, an in lieu payment of 1.25% of the
construction valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code
Chapter 19.12.030.
(Ord. 22-2241, § 11, 2022; Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
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CITY OF CUPERTINO
Agenda Item
23-12323 Agenda Date: 5/22/2023
Agenda #: 4.
Subject: Meeting Minutes for the March 27, 2023 Arts and Culture Commission Meeting
Review and approve the minutes for the March 27, 2023 Arts and Culture Commission meeting.
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DRAFT MINUTES
ARTS AND CULTURE COMMISSION
Monday, March 27, 2023
6:30 p.m.
ARTS AND CULTURE COMMISSION REGULAR MEETING
CALL TO ORDER
At 6:30 p.m., Director of Parks and Recreation, Rachelle Sander, called the meeting to order at
the Quinlan Community Center, 10185 N Stelling Rd, Social Room.
ROLL CALL
Commissioners Present: Esha Rao, Carol Maa, Dana Ford, David Wang, Kiran Rohra
Commissioners Absent: None
Staff Present: Rachelle Sander, Jessica Javier, Gian Martire
Presenters: None
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Recognition of 2022 Artist Award Winners
Recommended Action: Present awards to the 2022 Artist Award winners.
Commissioner Rao presented the 2022 Artist Awards. Winners showcased their framed artwork
and received awards from the Commission.
Director Sander called for a five-minute break at 6:38 p.m. and resumed the meeting at 6:45 p.m.
2. Subject: Chair and Vice Chair Selection
Recommended Action: Conduct the selection of the Chair and Vice Chair.
Commissioner Rao self-nominated for the Chair position. Commissioner Rohra seconded.
Motion failed with 2 yes and 3 no.
Commissioner Ford nominated Commissioner Maa as Chair. Commissioner Wang seconded.
Motion carried unanimously.
Commissioner Wang nominated Commissioner Rao as Vice Chair. Commissioner Ford
seconded. Motion carried unanimously.
APPROVAL OF MINUTES
3. Subject: Meeting Minutes for the January 23, 2023 Arts and Culture Commission Meeting
Recommended Action: Review and approve the minutes for the January 23, 2023 Arts and
Culture Commission meeting.
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Chair Maa motioned to approve the January 23, 2023 Arts and Culture Commission meeting
minutes as submitted. Commissioner Ford seconded. Motion carried unanimously.
POSTPONEMENTS
None
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
OLD BUSINESS
None
NEW BUSINESS
None
STAFF AND COMMISSION REPORTS
Chair Maa reported on the February Mayor’s Commissioners Meeting. During the Mayor’s
Meeting, Chair Maa reported on concerns for the public art approval process, engagement with
other Commissions, and art in lieu fees.
Director Sander provided the Director’s update on the following:
- Mandatory Commissioner Handbook Training in-person on Thursday, March 30 at 6
p.m. in Community Hall.
- Reminder to be vigilant on being suspicious on any communication you may receive,
especially if someone is claiming to be someone from an unrecognized e-mail address.
Do not click on hyperlinks or download attachments unless they are from a trusted
source with the proper email address.
o The IT Department will be presenting at the next Arts and Culture Commission
meeting.
- The Arts and Culture Commission will be transitioning over to the Community
Development Department and your new Commission Liaison will be Senior Planner,
Gian Martire.
Commissioner Wang reported on the WAFU Ikebana Show.
COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS
Commissioners to attend the upcoming Mayor’s meetings as follows:
April 12 – Vice Chair Rao
May 10 – Commissioner Wang
June 14 – Commissioner Rohra
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July 12 – Chair Maa
FUTURE AGENDA SETTING
Commissioner Rohra requested information on the potential of an Arts and Culture Event.
Chair Maa seconded.
Chair Maa requested a review of art in lieu fees. Commissioner Rohra seconded.
Commissioner Wang requested an update on the status of the City Work Program item
Cupertino Store Implementation. Chair Maa seconded.
Chair Maa requested a future agenda setting calendar. Commissioner Rohra seconded.
Commissioner Rohra requested information on the art pieces for the Year of the Rabbit. Chair
Maa seconded.
ADJOURNMENT
Chair Maa adjourned the meeting at 7:09 p.m. to the May 22, 2023 meeting at 6:30 p.m.
Respectfully Submitted by,
Jessica Javier, Administrative Assistant
Parks and Recreation Department
Minutes approved at the _____ regular meeting
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CITY OF CUPERTINO
Agenda Item
23-12324 Agenda Date: 5/22/2023
Agenda #: 5.
Subject: Consider public art for Jollyman Park
Receive a presentation and provide feedback on public art for the All-Inclusive Playground project at
Jollyman Park.
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