ACC 01-22-2024APPROVED MINUTES
ARTS AND CULTURE COMMISSION
Monday, January 22, 2024
6:30 p.m.
ARTS AND CULTURE COMMISSION MEETING
CALL TO ORDER
At 6:30 p.m., Chair Maa called the meeting to order at City Hall, 10300 Torre Avenue,
Conference Room C.
ROLL CALL
Commissioners Present: Carol Maa, David Wang, Dana Ford, Kiran Rohra
Commissioners Absent: Rani Agrawal
Staff Present: Gian Martire
Presenters: Dorka Keehn
Jennifer Skillings (remote)
APPROVAL OF MINUTES
1. Subject: Meeting Minutes for the December 6, 2023 Arts and Culture Commission Meeting
Recommended Action: Review and approve the minutes for the December 6, 2023 Arts and
Culture Commission meeting.
Vice Chair Wang motioned to approve the December 6, 2023 Arts and Culture Commission
meeting minutes. Commissioner Ford seconded. Motion carried with 4 yes and 1 absent
(Agrawal).
POSTPONEMENTS
None
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
OLD BUSINESS
None
NEW BUSINESS
2. Subject: Architectural and Site Approval (ASA-2023-013) to consider a public art installation
for the Westport Development at 21301 Point Reyes Terrace (APN: 326-027-049, -046).
Recommended Action: Receive a presentation on a public art installation and approve public art
application, subject to conditions of the draft resolution.
Gian Martire, Senior Planner, gave a presentation and overview of the proposed Westport
development public art installation and the considerations for reviewing art pieces put forth in
the Municipal Code (Chapter 19.148).
Chair Maa asked for clarification if the commission’s decision would be final and not sent to
City Council for approval. Senior Planner Martire stated that that was correct. Chair Maa asked
for clarification if the item was approved on condition, would the commission ever find out if
the conditions were met. Planner Martire stated that all conditions are subject to final inspection
approval and the Conditions of Approval. He clarified that if these were not met, final
occupancy would be restricted until the violations were corrected.
Dorka Keehn, art consultant for the applicants, introduced herself and gave a presentation on
the Senior BMR proposed art pieces for the Westport Development.
The commissioners asked clarifying questions.
Chair Maa inquired if the retail portion of the development had been determined. Consultant
Keehn stated the space had not been leased yet. She stated the original seating outside the area
was being replaced by the new art benches.
Commissioner Ford inquired how many people would be able to sit on a bench. Consultant
Keehn stated three would fit comfortably. She stated that she had added an additional bench to
what was originally proposed bringing the total to five.
Commissioner Rohra asked for clarification of the surface on which the benches would be
placed. Consultant Keehn stated the surface would be hard concrete and the benches would be
bolted to it.
Vice Chair Wang inquired as to how the five species of oak for the bench designs were selected.
Consultant Keehn stated that the species were chosen by the artist because they are all endemic
and local to California.
Chair Maa asked what kind of plaque would be present on site. Consultant Keehn stated a steel
plaque would have the artist’s name, the title, date and description of the piece, and a funding
dedication.
Chair Maa asked for clarification on budget for the art portion of the development. Consultant
Keehn clarified that it was 1% of the entire budget, but what she was presenting was only two
thirds of the development. She stated she would be back at a later date for the senior assisted
living portion of the development artwork.
Commissioner Ford asked for clarification if the benches would be hot in the warmer weather.
Consultant Keehn stated that the back would be made of wrought iron and not absorb heat. She
stated the base would be Ipe wood.
Consultant Keehn gave a presentation on the townhouse proposed art pieces for the Westport
Development.
The commissioners asked clarifying questions.
Commissioner Rohra asked for clarification on the dimensions and stability of the piece in the
wind. Consultant Keehn stated that the piece was roughly 20’L x 13’H x 14’W. She stated that
the sculpture would be structurally engineered and submitted to the Building department for
permitting.
Commissioner Ford asked for clarification if birds would be a problem landing on the structure.
Consultant Keehn stated that birds were always a factor but was not concerned. She stated the
structure would be easily maintained.
Chair Maa asked for clarification on who and what type of maintenance would be performed.
Consultant Keehn stated that a maintenance plan and schedule would be developed and
provided to the developer.
Vice Chair Wang asked for clarification on the benches and the skateboarder deterrent.
Consultant Keehn explained that the benches would be rough concrete wrapped in steel with a
small lip, making it harder for skateboarders to ride the edge. Vice Chair Wang asked if this
would impact the sitting experience. Consultant Keehn stated it would not. She further
explained that the steel wrap would be used for the quotes on the benches with the smallest
bench having the dedication plaque. Vice Chair asked what the quotes were going to be.
Consultant Keehn stated they would be inspirational and related to dreams and/or butterflies.
She said that any suggestions the Commissioners might have could be given to Senior Planner
Martire and they would be forwarded to the artist.
Vice Chair Wang asked if there were any details on the butterfly garden. Jennifer Skillings with
the Land Team at Taylor Morrison introduced herself and gave a brief description of the
company’s partnership with the National Wildlife Federation. She stated that the goal was to
promote habitats for native pollinators across every community the company builds. She stated
that the plants take time to establish, but within a year or two should reach their full potential.
Chair Maa asked for clarification on parking and traffic studies in the area. Senior Planner
Martire clarified. Chair Maa asked what constraints were put on developers concerning the
buildings and areas available for the public art. Senior Planner Martire stated that the standard
requirements were in place, but there were a few waivers for height and setbacks.
Chair Maa opened and closed the public comment seeing no one present.
Chair Maa stated she was very pleased with the art pieces but wished placement had been in
more public trafficked areas for more residents to engage and enjoy. She stated, if possible, it
would be nice to have more explanation of the art pieces especially the benches. Consultant
Keehn stated that unfortunately the development project was farther along when her firm was
brought in. She explained that for the third portion of the development they would have more
of an opportunity to engage with the landscape and surrounding areas.
Chair Maa stated she was interested in pushing different voices for the quotes to be used on the
Kaleidoscope sculpture. She stated she did not want to hear the same tired quotes and voices.
Vice chair Wang suggested that local voices that could be tied back to Cupertino might be
considered. Consultant Keehn reiterated that any suggested quotes be given to Senior Planner
Martire for consideration. Chair Maa stated she wanted an emphasis on undercelebrated voices
that give acknowledgement to Cupertino’s unique community demographic. Commissioner
Rohra supported representation of diversity for the quotes. Senior Planner Martire suggested
adding language to the resolution and conditions of approval to capture the idea.
Commissioner Rohra stated that she would like to see the figure for the Kaleidoscope be more
abstracted and inclusive and not necessarily female.
Commssioner Ford stated he agreed with the other commissioner’s comments and did not have
a problem with moving along with the project.
Consultant Keehn clarified and summed up the commissioner’s comments.
Commissioner Rohra suggested that for future projects with quotes, that it be opened to the
community to make suggestions. Vice Chair Wang stated the idea was more of what he had in
mind for local voices.
Vice Chair Wang reemphasized that artwork for the third portion of the development should be
more visible and accessible to the general public. He also stated he would like the benches to be
more engaging through more detailed explanations about the artwork on the accompanying
plaque. Consultant Keehn stated she agreed that the city being more active in the early stages of
a development would help make art more accessible and significant. She stated that the plaque
for the benches should provide adequate explanation. Chair Maa echoed Vice Chair Wang’s
statements on the need for earlier involvement to more fully engage the public.
Chair Ma motioned to pass the resolution with the following additions to the conditions:
- The figure for Kaleidoscope Dreams be more abstract.
- The Commission be able to review the quotes proposed for Kaleidoscope Dreams.
- The four quotes for Kaleidoscope Dreams emphasize undercelebrated voices that give
acknowledgement to Cupertino’s unique community demographic.
Consultant Keehn stated that the artists’ time and budget were limited. She stated that they did
not have the time for extensive research and community input for the quotes but would
welcome suggestions put forward by the Commission. Chair Maa asked if there was a
possibility of the project not moving forward if they asked to review the quotes. Consultant
Keehn stated that was not the case but emphasized no extensive community engagement would
occur to help deicide the quotes.
Chair Maa asked for feedback on the motion.
Commissioner Rohra stated she felt the Commission’s guidelines for the quotes were sufficient
to allow the artist and staff to represent their wishes. Vice Chair Wang and Commissioner Ford
agreed.
Chair Ma motioned to pass the resolution with the following additions to the conditions:
-The figure for Kaleidoscope Dreams be more abstract.
- The four quotes for Kaleidoscope Dreams emphasize undercelebrated voices that give
acknowledgement to Cupertino’s unique community demographic.
Vice Chair Wang seconded the motion. The motion carried unanimously with 4 – Yes, 0 – No, 1
– Absent.
Chair Maa closed the item.
3. Subject: Discuss City Council Work Program Items for 2024.
Recommended Action: Recommend City Council Work Program Items for 2024.
Senior Planner Martire gave a presentation and explained what was expected of the
Commission.
The commissioners asked clarifying questions.
Vice Chair Wang asked for clarification of the Commission Governance Reform Package and if
there was anything that would affect how commissions operate. Senior Planner Martire stated
that it was intended to have procedures operate uniformly across all meetings. Vice Chair Wang
asked for clarification of the violation of Commission-Staff relationship section. Senior Planner
Martire stated it was probably referring to the Grand Jury report. Commssioner Ford asked for
clarification of the $25,000 additional portion of the item budget. Senior Planner Martire
clarified.
Vice Chair Wang asked for clarification of the Revise and Update Heart of the City Special Area
item. He asked if this could be tied into transforming unused and underutilized areas with art.
Senior Planner Martire stated that it possibly could.
Vice Chair Wang asked for clarification as to what the Commission should be proposing for the
following year. Senior Planner Martire stated that the Revise and Update item was on the not
funded list. He stated if the commissioners liked an item on the list, they could put it on their
recommendation list.
Chair Maa asked for clarification as to why certain items were on the hold list. Senior Planner
Martire stated it was a matter of prioritization and availability of funds.
Chair Maa asked if the Art in Lieu fee study and process was accounted for on the Work
Program List. Senior Planner Martire clarified that it was not. He stated it was on hold
indefinitely. Vice Chair Wang asked for clarification if Art in Lieu was not placed on the
recommendation list might in not be revisited. Senior Planner Martire stated that was a
possibility.
Chair Maa asked for clarification on how funded items were chosen and prioritized.
Commissioner Ford asked if the Commission had the ability to swap ranking priorities. Senior
Planner Martire clarified that they could add items to the recommendation list if they chose to.
Commissioner Rohra asked for clarification if the Commissioner should be proposing
recommendations that were in the scope of Arts and Culture. Senior Planner Martire stated that
each commission is considered to have their own expertise. He stated that of the four goals
stipulated for the City Work Program, Quality of Life was probably the most applicable to Arts
and Culture.
Chair Maa suggested the commissioners broaden the scope of their recommendations to include
items where Arts and Culture could have an influence not normally recognized. Vice Chair
Wang stated they could collaborate and have an impact in areas not traditionally considered
within their jurisdiction. Senior Planner Martire suggested that language to unfunded items
could be added to ask that Arts and Culture be part of the process. Chair Maa asked if they
could insert themselves in projects already funded. Senior Planner Martire stated that those
projects were already set. He stated unfunded and new projects were a better possibility.
Commissioner Rohra voiced concern that the commission was not having enough impact in
early development phases of projects. She suggested the commission insert themselves in
unfunded items where they could possibly make an impact. Senior Planner Martire suggested
the commissioners take those ideas and concepts for public engagement and craft a new
recommendation.
Vice Chair Wang asked for clarification on the FY 2023/24 City Work Program funded projects
and the To be Considered Projects lists. Senior Planner Martire stated that the funded projects
were already approved and the To Be Considered Projects were on the list already for possible
inclusion on the FY 2024/25 City Work Program list.
Vice Chair Wang suggested as one of their recommendations, part two of the Revise and
Update the Heart of the City from the To Be Considered list. Chair Maa stated she wanted the
description to be more significant and palatable to City Council. Vice Chair Wang asked if the
description could be rewritten to be more art centric. Senior Planner Martire stated they could
possibly add a third point. The commissioners worded a third point to add to Revise and
Update the Heart of the City item as follows:
- Include standards for early engagement of the AACC in the development process in
evaluating uses to revitalize new and existing local public facing commercial uses
(retail/restaurant/entertainment/professional office, etc.).
The commissioners agreed to check multiple goals for the item including Public Engagement
and Transparency, Sustainability and Fiscal Strategy, and Quality of Life.
Chair Maa and the commissioners discussed the possibility of engaging with private business
owners to enhance their properties.
Chair Maa asked for other suggestions.
Commissioner Rohra suggested an art talk with goals covering Public Engagement and Quality
of Life. She also stated she would like to see a program that had greater focus on the community
culture aspect of the Arts and Culture commission. She suggested an event in the same respect
as the Artist Awards where different cultures are invited and asked to represent and educate
the community. She stated that partners could be found to minimize the impact on City staff
time. Chair Maa stated that the Parks and Recreation department holds a number of ethnic
culture events throughout the year and she did not want to take away from those. She stated
that maybe they could find a way to be more involved in those events.
Commissioner Ford left the meeting at 9:04 p.m.
Commissioner Rohra asked for clarification as to the next steps in the process. Senior Planner
Martire stated that a motion is made to be on the final list. When approved it will be sent to the
City Manager’s office. He stated the list will then be submitted to the City Council for their
consideration.
Vice Chair Wang asked that the Art in Lieu Policy be considered for the recommendation list.
Senior Planner Martire stated that having it on the list would allow for more staff time to be
dedicated and make it a priority. Chair Maa asked that the scope be broadened to include
allocation, distribution and use of funds concerning art for development projects. Senior
Planner Martire suggested the commissioners revisit Chapter 19.148: Required Artwork in
Public and Private Developments in the City Municipal Code in conjunction with the Art in
Lieu Policy. A second recommendation title was decided on as Art in Public and Private
Development with the following description:
- Revisit Municipal Code standards for the art in public and private development,
including the standards in the Municipal Code and developing an Art-in-lieu fee policy.
Chair Maa asked for additional goals to be checked for the item. The commissioners agreed on
Public Engagement and Transparency, Sustainability and Fiscal Strategy, and Quality of Life.
Vice Chair Wang asked if a third recommendation should be proposed. Chair Maa and
Commissioner Rohra stated they were satisfied with the two recommendations.
STAFF AND COMMISSION REPORTS
None
COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS
The Mayor’s meetings is bi-monthly and alternate between in-person and remote. The meetings
must be attended by either the Chair or Vice Chair.
Commissioners to attend the upcoming Mayor’s meetings as follows:
March – Vice Chair Wang (virtual)
FUTURE AGENDA SETTING
Vice Chair Wang reminded the Commission of their request for a discussion on procedure and
process for future Artist Award Program cycles.
ADJOURNMENT
Chair Maa adjourned the meeting at 9:21 p.m. to the March 25, 2024, meeting at 6:30 p.m.
Respectfully Submitted by,
Jon de Ridder, Administrative Assistant
Community Development Department
Minutes approved at the March 25, 2024 regular meeting