AACC Agenda Packet 09-23-24CITY OF CUPERTINO
ARTS AND CULTURE COMMISSION
AGENDA
10185 North Stelling Road, Quinlan Conference Room
Monday, September 23, 2024
6:30 PM
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Quinlan Community Center, 10185 North Stelling Road
2) The meeting will also be streamed live on and online at
https://youtube.com/@cupertinocitycommission
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Quinlan Community Center.
2) E-mail comments by 4:00 p.m. on Monday, September 23 to the legislative body at
artsandculture@cupertino.gov. These e-mail comments will also be posted to the City’s
website after the meeting.
Oral public comments may be made during the public comment period for each agenda
item.
Members of the audience who address the legislative body must come to the
lectern/microphone and are requested to complete a Speaker Card and identify themselves .
Completion of Speaker Cards and identifying yourself is voluntary and not required to
attend the meeting or provide comments.
CALL TO ORDER
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Meeting Minutes for the August 12, 2024 Arts and Culture Commission
Special Meeting
Recommended Action: Review and approve the minutes for the August 12, 2024 Arts
and Culture Commission special meeting.
A - Draft Minutes
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Arts and Culture Commission Agenda September 23, 2024
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.
WRITTEN COMMUNICATIONS
OLD BUSINESS
NEW BUSINESS
2.Subject: Vice Chair Election
Recommended Action: Elect a Vice Chair of the Arts and Culture Commission.
3.Subject: Study Session to revisit the Municipal Code standards for art in public and
private development, including the standards in the Municipal Code and developing
an Art-in-lieu fee policy.
Recommended Action: Receive a presentation and provide feedback for Staff.
Staff Report
A - Municipal Code Chapter 19.148: Required Artwork in Public and Private Developments
B - City Council Resolution No. 05-040
C - Jurisdiction Analysis of Art Programming
STAFF AND COMMISSION REPORTS
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
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Arts and Culture Commission Agenda September 23, 2024
2.08.100 written communications sent to the City Council, Commissioners or 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 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.
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CITY OF CUPERTINO
Agenda Item
24-13393 Agenda Date: 9/23/2024
Agenda #: 1.
Subject: Meeting Minutes for the August 12, 2024 Arts and Culture Commission Special Meeting
Review and approve the minutes for the August 12,2024 Arts and Culture Commission special
meeting.
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At 6:40 p.m. Chair David Wang called the special meeting to order at the Quinlin
Conference Room, 10185 North Stelling Road, and via teleconference.
ROLL CALL
Commissioners Present: David Wang, Kiran Rohra, Rani Agrawal
Commissioners Absent: None
Staff Present: Gian Martire
Presenters: Jessica Javier
APPROVAL OF MINUTES
1. Subject: Approve the March 25 Arts and Culture Commission minutes.
Recommended Action: Approve the March 25 Arts and Culture
Commission minutes.
MOTION: Agrawal moved to approve the May 28 Planning Commission
minutes.
The motion carried with the following vote: Ayes: Wang, Rohra, and Agrawal. Noes:
None. Abstain: None.
POSTPONEMENTS - None
ORAL COMMUNICATIONS - None
WRITTEN COMMUNICATIONS - None
OLD BUSINESS - None
NEW BUSINESS
2. Subject: Artist Awards Program Descriptions, Application Requirements,
Evaluation Forms, and 2024 Program Theme.
Recommended Action:
1. Review and approve the updated Artist Awards Program descriptions,
application requirements, and evaluation forms; and
2. Discuss and select a theme for the 2024 Artist Awards Program.
DRAFT MINUTES
CUPERTINO ARTS AND CULTURE
COMMISSION
Monday, August 12, 2024
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Minutes
Page 2
Arts and Culture Commission August 12, 2024
Administrative Assistant, Parks and Recreation, Jessica Javier gave a presentation.
Commissioners asked clarifying questions and made comments.
Chair Wang opened and closed the public comment seeing no one present.
Commissioners asked questions and made comments.
Staff answered questions.
MOTION: Rohra moved and Agrawal seconded that the Arts and Culture
Commission approve the updated Artist Awards Program descriptions, application
requirements, and evaluation forms, and theme with the conditions:
Young Artist Evaluation form update language of the median tools to
match the other two categories.
Update Young Artist title in one of the award categories to
“creativity”, replacing “creativity of contest theme.”
Add language that states Artificial Intelligence (AI) generated art is
strictly prohibited.
Theme is Building a Sustainable Community
Ayes: Chair Wang, Agrawal, and Rohra
Noes: None. Abstain: None. Absent: None.
3. Subject: Presentation and discussion on Art Programming in selected
neighboring jurisdictions.
Recommended Action: Receive presentation by Chair Wang and provide
feedback on Art Programming ideas for the City of Cupertino.
Commissioners asked questions and made comments.
STAFF AND COMMISSION REPORTS
Chair Wang gave an update from the July 17, 2024 Mayor’s Commission meeting.
Staff Member Gian Paolo Martire gave updates on Art Pieces on private
developments.
FUTURE AGENDA SETTING
Discuss at the next regularly scheduled meeting to discuss the Council work
program item assigned to the Arts and Culture Commission.
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Minutes
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Arts and Culture Commission August 12, 2024
ADJOURNMENT
At 8:30 p.m., Chair Wang adjourned the Special Arts and Culture Commission
Meeting.
Minutes prepared by:
_______________________________
Gian Paolo Martire, Senior Planner
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CITY OF CUPERTINO
Agenda Item
24-13392 Agenda Date: 9/23/2024
Agenda #: 2.
Subject: Vice Chair Election
Elect a Vice Chair of the Arts and Culture Commission.
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CITY OF CUPERTINO
Agenda Item
24-13394 Agenda Date: 9/23/2024
Agenda #: 3.
Subject:Study Session to revisit the Municipal Code standards for art in public and private
development,including the standards in the Municipal Code and developing an Art-in-lieu fee
policy.
Receive a presentation and provide feedback for Staff.
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ARTS AND CULTURE COMMISSION STAFF REPORT
Meeting Date: September 23, 2024
Subject
Study Session to revisit the Municipal Code standards for art in public and private
development, including the standards in the Municipal Code and developing an Art‐in‐lieu fee
policy.
Recommended Action
Receive a presentation and provide feedback for Staff.
Discussion
On April 3, 2024, the City Council approved the FY 2024-2025 City Work Program with a total of
20 projects. One of the new projects that is aligned with Council’s Quality of Life goals is
associated with art in public and private areas. This requires revisiting the City’s Municipal Code
standards for art in public and private development, including the standards in the Municipal
Code and developing an Art‐in‐lieu fee policy.
The Municipal Code Chapter 19.148: Required Artwork in Public and Private Developments, is the
standard of which the City currently uses for evaluating art in the City (Attachment A). Further,
the City Council on March 1, 2005, approved Resolution No. 05-040 adopting guidelines for the
selection of public art (Attachment B). Currently, the City does not have a separate Art Fund.
Within the last year, staff has been reviewing the ordinances, policies, and programs of various
Cities in the Bay Area for comparison. Staff’s research focused on the following:
Art Requirements of Private Development: How the City treats in-lieu payments in
contrast to providing onsite art pieces.
Separate Art Fund: Does the City have a separate art fund or do in-lieu payments go into
the General Fund.
Fund Distribution: What limits have been imposed on how the funds are used. What
programs/projects can the city subsidize with the funding?
Decision Making Bodies: Who ultimately decides on use of funds.
For the complete analysis, please refer to Attachment C.
As part of the study session, the Commission should focus their discussion on the following:
Evaluating the City’s standard in discouraging in-lieu payments for developers.
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Should the City have a separate art fund to receive in-lieu payments, or from any other
allocation source (ie General Fund).
When funds are received, what types of programs or projects should subsidized.
Which decision-making body should make the ultimate decision on projects,
programming, and other use of funds.
Any other suggestions that can be of interest from the Commission.
Next Steps
The Art and Culture Commission's recommendations will be forwarded to City Council for
consideration at a future study session.
_____________________________________
Prepared by: Gian Paolo Martire, Senior Planner
Attachments:
A - Municipal Code Chapter 19.148: Required Artwork in Public and Private Developments
B – City Council Resolution No. 05-040
C –Jurisdiction Analysis of Art Programming
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CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS
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 Cuper no, commensurate with the following specific goals, as described in
the Cuper no General Plan:
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.020 Applicability of Regula ons.
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)
19.148.030 Permi ed Artwork.
Types of art that may be used to sa sfy the requirements of this chapter include, but are not limited to,
the following:
Enhance community character and iden ty;A.
Provide a rac ve public arts to residents and visitors alike;B.
S mulate opportuni es for the arts through coopera ve rela ons between local business and the City.C.
Any development of ten thousand sq. . or larger involving construc on of new buildings and/or the
expansion of exis ng buildings shall be subject to the requirements of this chapter.
A.
Addi onal artwork not men oned in this chapter by means of specific plan, permits or other
discre onary review may be required when deemed appropriate by the City Council.
B.
Sculpture: in-the-round, bas-relief, mobile, fountain, kine c, electronic, or other, in any material or
combina on of materials;
A.
Pain ng: all media, including portable and permanently affixed works, such as murals;B.
Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale;C.
Mosaics;D.
Func onal artwork created by a professional ar st, such as benches, tree grates or trash receptacles;E.
Any other form of work of art determined by the Arts and Culture Commission to sa sfy the intent of
this chapter.
F.
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(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 sa sfy the requirements of this chapter:
(Ord. 2175, § 1 (part), 2018; Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.050 Applica on Procedures for Public Artwork.
(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 Ar st Qualifica ons.
It is the intent of this chapter to provide for public art on private property without imposing the ar s c
preferences of the City on the owner or the developer of the property. Ar s c preferences are to be
primarily those of the owner or developer of the property, but the artwork and its loca on is subject to
approval of the Arts and Culture Commission.
Reproduc ons of original works of art, whether by mechanical or other means. However, permi ed
artwork may include limited edi ons, controlled by the ar st, of original prints, cast sculpture,
photographs, or other art forms;
A.
Direc onal or other func onal elements such as supergraphics, signing, or color coding, except where
those elements are integral parts of original signed artworks;
B.
Art objects which are mass-produced from a standard design, such as playground equipment,
fountains, flags or banners;
C.
Landscaping and garden features, except where these elements are designed by the ar st and are an
integral part of a fine artwork.
D.
An applica on for public artwork shall include all requirements of Chapter 19.12.A.
Applica on for public art for a new development shall be made in conjunc on with the review of the
permits for the en re project, in order that the design and loca on be taken into considera on at the
me of architectural and site planning, as outlined in Chapter 19.168.
B.
The Arts and Culture Commission shall review for approval the public art applica on and artwork. The
decision of the Arts and Culture Commission may be appealed in accordance with Sec ons 1.16.020
and 19.12.030 of the Cuper no Municipal Code, or as amended.
C.
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A permit required pursuant to Sec on 19.148.050 shall be granted upon a showing by the applicant that
the proposed artwork meets the following criteria:
The artwork is of a nature specified in Sec on 19.148.030.A.
The artwork requirement is to be sa sfied 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.
B.
The artwork shall be easily visible from the public street and be located in an area specifically
designated on the project site plan. Appropriate loca ons 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.
C.
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.
D.
The composi on of the artwork shall be of permanent materials requiring a low level of maintenance.
Materials used shall be durable and resistant to graffi and the effects of weather.
E.
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 interes ng aesthe c appearance. The developer is encouraged to give preference to
ar sts living or working in the San Francisco Bay area, and to avoid using ar sts whose work is already
displayed as public art within the City of Cuper no boundaries.
F.
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.
G.
Water and/or electronic sculpture may be permi ed if adequate assurance of con nued maintenance
is provided.
H.
Artwork shall be iden fied 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 installa on, tle and ar st, and medium.
I.
The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact
shall be a ached or recorded to the exis ng CC&R's or otherwise recorded on the property deed, to
advise subsequent property owners of their obliga ons to maintain the artwork.
J.
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(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, fabrica on, and
installa on, shall be one percent of the construc on valua on, with the following ers:
(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 condi on con nuously a er its installa on, as
determined appropriate by the City. Maintenance shall include all related landscaping, ligh ng, and
upkeep, including the iden fica on 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 me the
City may require replacement or reloca on 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.
In some instances the placement of artwork on a par cular property may not be feasible. The developer
or property owner may apply to the Arts and Culture Commission for an in lieu payment alterna ve on
projects that lack an appropriate loca on for public art, although such alterna ve is strongly discouraged.
The proposed artwork shall meet the criteria for review as set forth in the City of Cuper no Public Art
Program Guidelines for Selec on of Public Art, as originally adopted by the City Council Resolu on No.
05-040, or as later amended.
K.
The ar st's qualifica ons will be evaluated and examples of past work may be reviewed. The review,
however, shall be primarily for the purpose of determining the ar st's experience with artwork of
monumental propor on.
L.
1% of the first $100 million of construc on valua on.A.
0.9% of construc on valua on for valua on in excess of $100 million.B.
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In such cases, an in lieu payment of 1.25% of the construc on valua on may be made to the City,
pursuant to the approval authority provisions of Cuper no 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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RESOLUTION NO. 05-040
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING GUIDELINES FOR THE SELECTION OF PUBLIC ART
WHEREAS, the City Council has expressed its support for public art in the community;
and
WHEREAS, the City has acquired public art through direct purchase or commission, as
well as in the form of a gift or loan; and
WHEREAS, the City Council wishes to have consistent guidelines for the acquisition,
placement, and documentation of future acquisitions.
NOW, THEREFORE, BE IT RESOLVED:
1.That the General Guidelines for the Selection of Public Art are adopted; and
2.Staff and Council members are directed to refer to these guidelines when
purchasing and commissioning public art, or when accepting loans and gifts of public art.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino on the 1st day of March 2005, by the following vote:
Vote Members of the City Council
AYES: Kwok, Lowenthal, Sandoval, Wang, James
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:APPROVED:
s/ Kimberly Smith s/Patrick Kwok
City Clerk Mayor, City of Cupertino
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I «.
CITY OF
PERJ'INO
City of Cupertino Public Art Program
Guidelines for Selection of Public Art
Prepared by the Cupertino Fine Arts Commission
Adopted by City Council on March 1 , 2005
Resolution No. 05-040
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City of Cupertino Public Art Program
General Guidelines for Selection of Public Art
Purpose 3
Scope 3
Goals 3
Guidelines 4
Consultants 4
Criteria and Conditions for Selection of Art Work 4
Acquisition Procedures 5
Gifts 6
Title 6
Copyright 6
Placement and Exhibition 7
Access 7
Preservation and Maintenance 7
Documentation 7
Insurance 8
Deaccessioning Works of Art 8
Gift Receipt 9
Bill of Sale 10
Art Exhibition Agreement 11
Right of Entry and Indemnification Agreement 12
Catalogue of Art and Sculpture 14
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City of Cupertino Public Art Program
General Guidelines for Selection of Art
Purpose
The City of Cupertino Fine Arts Commission desires to create an artistic visual identity for
the city by placing artworks in various locations.
The purpose of this public art policy is to provide a process through which the city can accept
art work, including loans or gifts of public art. The policy also provides guidance to the city
and the Arts Commission for purchasing existing art work and for commissioning artists to
create new art work for the city.
Scope
This public art policy applies to the installation of all art work, including that which is loaned
to the city for more than three months, donated, purchased, or commissioned by the City of
Cupertino for public display. Public art exhibitions under three months' duration are
facilitated by the Commission.
Additional people may be chosen by the Commission to form an ad hoc committee to aid in
the selection of art for the city, including:
A. A member of the Fine Arts Commission
B. A member of a city commission from the area affected (parks, library, etc.)
C. A professional in the field of arts, which may include a professional artist, art
administrator, museum professional, architect, etc.
D. A person from the community at large
Goals
A. To develop the criteria for selecting public works of art by developing policies and
setting clear guidelines and objectives
B. To acquire art for the City of Cupertino's temporary and permanent collection of both
sited and portable art works, through purchase, competition, loan, donation, and
commission
C. To identify possible funding sources
D. To identify potential outdoor sites on public lands and inside public buildings that are
appropriate for placing completed artworks
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Guidelines
The following are guidelines for selecting artists and public art works:
A. A wide variety of visual media and materials will be considered
B. Materials used should require minimum maintenance and be maximally resistant to
vandalism
C. Environmental and public liability concerns will be considered in the selection of art
D. The selection of artists will not be restricted by age, gender, or ethnic background
E. The artist should have proven ability and experience in designing, producing, managing
and installing art work, including large-scale public art work, if necessary
F. When public funds are used, members of the community surrounding the location of
the future art work may be invited to a public forum to discuss the art project in order to
foster community appreciation of the art piece
G. A timeline shall be developed to coordinate and educate parties involved in the project
and to structure an overall plan for its completion.
Consultants
It may be desirable to involve the selected artist and/or a public art consultant to work with a
project design team at the conceptual phase of architectural planning in order to integrate the
art work into the site. If an artist has not yet been selected, a consultant may be asked to
offer art options and selection procedures.
The function of the consultant will be to foster communication among people with differing
backgrounds (e.g. artist, developer, planner, public works, architect, landscape architect,
engineers, attorney, community), and to manage the fabrication and/or installation of the art
work.
The consultant will be selected by the Cupertino City Council upon the recommendation of
the Fine Arts Commission, and in conjunction with other affected commissions as needed.
Criteria and Conditions for Selection of Art Work
A. The city shall maintain a responsible collection, maintenance, and de-accession policy
and procedure for art works that are accepted as part of the city's Public Art Program.
B. No acquisition shall be accepted without approval by the City Council. The City of
Cupertino may refuse a gift of art for any reason, and in particular if the city cannot
provide for the storage, protection, and preservation of the work under suitable
conditions, or if the art work does not meet the selection criteria of this document.
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C. Acceptance of art work shall be confirmed by means of an agreement between the donor
or artist and the city, including art work that is loaned for a defined period of time with
the lender retaining title to the art work
D. The following criteria shall be used in determining whether an art work is acceptable:
1. Aesthetics: It is deemed to be an art work of lasting aesthetic value that enhances the
city's cultural environment by being receptive, respectful, and stimulating, and it
contributes to the comprehensive record of visual arts for the community.
2. Quality: There is an inherent quality in the art work itself(i.e. the City of Cupertino
shall not necessarily accept art work based solely on the artist's overall reputation)
3. Style: An art work shall be compatible in scale, materials, form, and content with its
surroundings
4. Permanence: Consideration shall be given to structural and/or surface soundness,
resistance to theft, vandalism, weathering, and maintenance and repair costs
5. Public Liability: Each art work shall be examined and approved for safety conditions
and factors which may bear upon public liability
6. Variety: The overall Public Art Program shall consider variety in style, scale, and
materials
7. Technical Feasibility: (For purchases or commissions) Each proposed art work shall
be examined for convincing evidence of the artist's ability to successfully complete
the art work as proposed
8. Duplication: To assure that the art work will not be duplicated, the artist shall be
asked to warrant that the art work is unique and an edition of one, unless stated to the
contrary in the contract. (Multiples shall be considered for selection at the city's
discretion)
E. The city shall make no promises to exhibit art work permanently or to maintain art work
as the property of the city in perpetuity.
Acquisition Procedures
All potential acquisitions, whether gifts, donations, purchases, commissions, or loans of art to
the City of Cupertino must be reviewed by the Fine Arts Commission and approved by the
City Council or its designee.
Works of art may not be accepted if the city cannot provide for the display, storage,
protection and preservation of the work under conditions that insure its availability to the
public, and insure its permanency in the city's collection.
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Methods of acquisition shall include the following:
Direct purchase
Direct commission
Gift or Donation
Temporary Loan
Permanent Loan
Competition
Temporary Exhibit
Gifts
All items accepted as gifts by the City of Cupertino will become the exclusive and absolute
property of the City of Cupertino and may be displayed, loaned, retained or disposed of in the
best interests of the City of Cupertino.
The City of Cupertino will not, and shall not be required to carry any insurance against loss or
destruction of or damage to such item. The City of Cupertino will not be required to exercise
greater precautions for the care and the safety of such objects than it exercises with respect to its
own property of same or similar nature.
If the City of Cupertino decides not to accept the item and so notifies the owner, the owner has
sixty(60) days from the date of notification to reclaim the item. If the item is not reclaimed, the
City of Cupertino shall have the right to dispose of such property in any manner it may choose,
or to place it in storage at the owner's risk and expense.
The City of Cupertino may require a written order from the owner (or his duly authorized agent
or legal representative)before it returns the item described in the agreement.
See sample Gift Receipt on Page 9)
Title
Title to the works of art acquired for the permanent collection shall be transferred to the city of
Cupertino. A contract between the city and artist or agent will be entered for loaned art.
Copyright
Works of art acquired through the acquisition process described above shall require a copyright
agreement with the artist prior to acquisition, so that the city can make arrangements to use
reproductions of the work for publicity and professional purposes, without infringing on the
artist's copyright. Institutions or individuals interested in reproducing works of art in the City of
Cupertino collection shall contact the staff liaison to the Fine Arts Commission in writing to
request reproduction privileges.
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Placement and Exhibition
To ensure excellence in the work's physical embodiment of the principles of design, the
involvement of an art professional in aesthetic decision-making is desirable. Sited works will be
appropriate to the location, i.e. be proportionate in size and be appropriate for the setting. When
making a recommendation to the City Council, the Fine Arts Commission shall take into
consideration the site map of proposed city locations for artwork. Sited works may reflect the
history and culture of the area.
The following factors will be considered prior to placing art works:
Visibility
Lighting
Public safety
Traffic patterns (interior, exterior, pedestrian and auto)
Relationship to existing art work, architecture, and natural features in the vicinity
Future development plans for the area
See sample agreements on Page 11-13)
Access
Works of art from the city collection shall be on public view in locations accessible to
members of the public during regular business hours, unless other arrangements are agreed
upon between the artist and the city.
Preservation and Maintenance
The Fine Arts Commission will conduct regular inspections and inventory all items in the
collection to determine their condition and location, in order to identify any needed
maintenance or restoration.
Documentation
The Fine Arts Commission, with the assistance of the staff liaison, will develop and maintain
the archives and records of the city's collection (see sample Catalogue Form on Page 12)
Information provided by the artist shall include:
Photographs of work provided by the artist (preferably both digital and film)
Written description of work provided by the artist
Care and maintenance recommended by the artist
Condition of the artwork when received and upon regular inspection
Financial appraisal of the art work provided by the artist
Location and date of installation
A record of the purchase price and all correspondence pertaining to the artwork and
its acquisition
Artist's biography
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Information maintained by the city shall include:
An electronic catalogue entry of each object in the collection, (see sample Catalogue
Form in appendix)
All correspondence between the artist and the city
Insurance
Works of art that are on loan or temporary exhibit are insured as set forth in the contract
with the artist or agent. The contract shall provide a full description of the art work, and
insurance coverage shall include installation and removal of the art work as well as the
period of time when it is to be on loan or exhibit.
Deaccessioning Works of Art
Works of art that are the property of the City of Cupertino shall be deaccessioned or removed
following procedures pursuant to Civil Code 980 et seq.
This Civil Code includes Section 985, "Sale of Fine Art", which provides that the artist is due
5% of any proceeds if the art work is sold, and Section 987, "Protection of Fine Art,", which
protects artwork from destruction or alteration, and extends the legal rights of protection to
the artist's heirs or beneficiaries for 50 years after the artist's death.
Funds received by the City from the public sale of art works from the collection shall be
directed back to the purchase of works of art for the collection, or for the conservation of
objects in the collection.
See sample Bill of Sale on page 10)
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CITY OF CITY OF CUPERTINO
CUPEkTINO Gift Receipt
Possession of the art work listed on the face of this receipt is accepted by the City of Cupertino
subject to the following conditions:
1. All art work accepted by the City of Cupertino will become the exclusive and absolute
property of the City of Cupertino and may be displayed, retained, destroyed or disposed
of in the best interests of the City of Cupertino.
2. The City of Cupertino will not, and shall not be required to carry any insurance against
loss or destruction of or damage to such item. The City of Cupertino will not be required
to exercise greater precautions for the care and the safety of such art work than it
exercises with respect to its own property of same or similar nature.
3. The undersigned, herein called "Donor," hereby assigns, transfers and gives to the City of
Cupertino, herein called "City," its successors and assignees, the rights to the art work
described as follows: (Please provide all pertinent information in block letters)
Title Artist's name(s)
Materials/media Donor's estimated value
Dimensions Weight
4. The gift is made by Donor unconditionally and without the reservation of any right,
claims or interest in the above described personal property. Donor affirms that he/she
owns said artwork and that to the best of his/her knowledge, has good and complete right,
title and interest to give it to City. Donor hereby releases City from all liability with
respect to any loss or damages to the artwork referred to in this agreement. Donor agrees
that City shall not cover such artwork with insurance.
I have read and understand the conditions of the Gift Receipt.
DATE: DONOR SIGNATURE:
The City of Cupertino acknowledges receipt of your offer to give the City of Cupertino the item
described on this page. Formal notification of action on this offered gift will come after the
regular meeting of the Cupertino City Council.
DATE: CITY MANAGER SIGNATURE
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s •
CITY OF
CUPEkTINO CITY OF CUPERTINO
Bill of Sale
In consideration of the receipt of the sum of the receipt of which is
hereby acknowledged, the undersigned
residing at address: in the City of
County of State of California, hereby sells, assigns and transfers to
residing at address],
in the City of State of California, the following attached
insert description of art],
entitled "
Dated
Signature
Acknowledgement]
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CITY OF CITY OF CUPERTINO
I JPERJINO Art Exhibition Agreement
Artist)hereby deposits and loans the artwork described on the
attached Receipt to the City of Cupertino for exhibition in for the
period from to on the following terms and conditions:
Standard of Care: Unless otherwise agreed to by the Artist,the City will exercise the same care with
respect to the art referred to on the Receipt for Loan of Art(the"art") as it does in the safekeeping of
comparable property of its own.
Photography and Documentation: Unless the City is notified in writing to the contrary, the work(s)may
be photographed and reproduced for City's private purposes. The City assumes the right,unless
specifically denied by the Artist, to examine the work(s)by all modern photographic means available, and
it is understood and agreed that information thus gathered will remain confidential and will not be
published without the written consent of the Artist. Artist also recognizes and understands that the
exhibition will occur in a public place where public mee':ings and events will occur that are subject to
photography and other video recording as a matter of law, and Artist expressly permits incidental
photography or other video recording under such circumstances.
Return of Artwork: Art works accepted by the City on lean will not be returned to anyone other than the
Artist except upon receipt of written order from the Artist or Artist's duly authorized agent or legal
representative. The Artist shall not remove any of the artwork from the exhibition location during the
specified loan period without the written consent of the City. In the case of death or incapacity of the
Artist,the legal representative of the Artist is requested to notify the City as soon as possible, giving his
or her full name and address in writing.
The City may request the return to the Artist of any property deposited with it by written notice directed
to the Artist. If the City, after making reasonable efforts and through no fault of its own, shall be unable
to return the art within thirty(30) days of such notice,then the City shall have the absolute right to place
the art in storage and to charge removal fees and costs. ][f, after six(6)months, the art has not been
reclaimed, then in consideration for its storage and its efforts to safeguard the artwork during such period,
the work(s) shall be deemed an unrestricted gift to the City.
Even if the Artist does not remove the artwork on the date requested or on the date provided by this
Agreement, whichever is earlier, the City may proceed to remove the art work from exhibition and install
a different exhibition or store the Artist's artwork as provided in the previous paragraph.
Limit of Liability. Artist agrees and understands that Artist has designated the Artist's signed price of
each artwork item in the Receipt attached to this Loan Agreement and further agrees and understands that
in no event shall the City be liable to the Artist for any amount in excess of the itemized signed price for
any damage that may occur to any of the items of art. By accepting the artwork on loan, it is not implied
in any way that the City has accepted the signed price as the actual value of the artwork,but only that this
establishes the maximum liability of the City in exhibiting or storing the artwork.
The undersigned understands and accepts this agreement.
Artist Signature: Date:
Address: Phone:
Email:Fax:
1 1-
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CL J CITY OF CUPERTINO
CITY OF Right of Entry and Indemnification AgreementUPE(TINO for Publicly Displayed Artwork
This Right Entry and Indemnification Agreement ("Agreement") is made and entered into this
day of 2 , by and between the CITY OF CUPERTINO, a municipal
corporation of the State of California("City") and__ Exhibitor").
RECITALS
WHEREAS, City wishes to encourage activities designed to enhance the aesthetics of the City of
Cupertino; and
WHEREAS, City is the owner of certain property located at in the City
of Cupertino, County of Santa Clara("the Premises"); and
WHEREAS, Exhibitor desires to erect a piece of an on a portion of the Premises for the period
of to
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
SECTION 1. City grants to Exhibitor permission to enter upon that portion of the Premises
outlined in red on Exhibit A, attached hereto, for the purpose of erecting a piece of art entitled
The installation of the piece of art shall be at the sole cost and expense
of Exhibitor, and such costs shall include any City permit and other fees, which Exhibitor shall
pay on demand to City.
SECTION 2. The right of entry granted herein shall be effective as of and shall
terminate on
SECTION 3. The piece of art shall be maintained by Exhibitor at all times in a safe, neat, and
good physical condition. City shall be the sole judge of the quality of maintenance. If City is
not satisfied with the maintenance by Exhibitor, Exhibitor, upon receipt of written notice
submitted by the City through its City Manager which states in general terms the manner of
required maintenance, shall perform the required maintenance.
SECTION 4. Upon the expiration or earlier termination of this Agreement, Exhibitor, at his sole
cost and expense, agrees to immediately remove the piece of art from that portion of the
Premises and restore the site of the sculpture on the Premises to its original condition. If the
Exhibitor fails to exercise his duties under this Section, City shall have the right to remove the
piece of art, store it, and restore the Premises at no cost or liability to City. Exhibitor covenants
and agrees to reimburse City for any removal, storage, and/or restoration costs and expenses.
SECTION 5. The parties agree that City shall in no way be responsible for any loss of or
damage (including defacement) to the piece of art or for any property belonging to or rented by
Exhibitor, its officers, servants, agents, or employees that may be stolen, destroyed or in any way
damaged during the erection or maintenance of the piece of art at the site on the Premises.
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SECTION 6. Exhibitor agrees to indemnify, defend and hold harmless the City, its officers,
agents, servants and employees against any claims or suits for loss or damage to personal
property and damage or injury, including death, to any person or persons, arising out of or in
connection with the existence, maintenance, use, or location of the piece of art on the Premises,
whether or not caused, in whole or in part, by the alleged negligence of officers, agents, servants,
employees, contractors, subcontractors, licensees or invitees of Exhibitor or City. Exhibitor
agrees to assume all liability and responsibility of City, its officers, agents, servants and
employees for those suits or claims. Exhibitor agrees to indemnify City for any injury or damage
to the Premises, whether arising out of or in connection with any acts or omissions of Exhibitor
or his officers, agents, employees, contractors, subcontractors, licensees, or invitees or caused in
whole or in part by the alleged negligence of City's officers, agents, servants, employees,
contractors, subcontractors, licensees, or invitees.
SECTION 7. Exhibitors shall obtain and maintain until completion and acceptance of the work
required by this Agreement at least all of the minimum insurance requirements required by the
City's Risk Manager as specified in Exhibit B, attached hereto, prior to installation of the piece
of art. Exhibitor understands and agrees that such insurance amounts may be revised or waived
at any time at City's option, and Exhibitor agrees to comply with and provide any insurance
revisions requested by City within five (5) days following receipt of notice of those requirements
by Exhibitor.
SECTION 8. This Agreement is personal to Exhibitor and is not assignable, and any attempted
assignment of this Agreement shall terminate the privileges granted to Exhibitor under this
Agreement.
SECTION 9. Exhibitor agrees that if any action, whether real or asserted, at law or in equity, is
brought under this Agreement, venue for that action shall lie in the County of Santa Clara,
California.
SECTION 10. City and its agents and employees, at all times during the installation and erection
of the piece of art, shall have the right of entry and free access to the sculpture site and the right
to inspect all work done, labor performed and materials furnished in and about the sculpture site
and to inspect all aspects of the installation of the sculpture.
WITNESS THE EXECUTION HEREOF the day and year first herein above
written.
APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal
Corporation
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s
City of CupertinonnwYp
CITY of Catalogue of Art and Sculpture
CUPERJINO
Description
Title:
Subject Matter&
Description:
Date of Artwork:
Dimensions:
Materials &
Condition:
Location(s):
Artist
Name:
Address:
Telephone: Fax:
Email: Website:
Notes:
Acquisition
Date:
Indicate method of acquisition:
Direct purchase
Direct commission
Gift or donation
Temporary loan/exhibit
Permanent loan
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Purchase price, if applicable:
Value (with date of appraisal, if applicable):
City of Cupertino ID number
Owner
Name:
Address:
Telephone: Fax:
Email:Website:
Notes:
Copyright Status
Maintenance
Recommended care and maintenance, and any special services or supplies necessary.
Condition (indicate the date the art was last inspected):
Images
Attach photographs and/or digital images
32
Onsite vs. In-
lieu Fee
Options
Separate
Art Fund
Funds
Distribution
Decision Process
for Use of Public
Fund
Links to Policy
Documents and
Relevant Ordinances
Berkeley • 1.75% of the
construction cost
for onsite
• .8% In-lieu fee
contribution
• Developer
discretion
• Combination
possible
Private Art
Fund
• Grants for non-
profits
• Commission artwork
(temp or
permanent)
• 20% admin of the art
fund (consultant to
oversee program)
• 10% maintenance of
existing art.
The Commission
recommends use to City
Council.
CITY OF BERKELEY Public Art in
Private Development Program
Chapter 23.316 Percentage for
Public Art on Private Projects
City of Berkeley Public Art
Webpage
Belmont • 1% of the
construction for
onsite or in-lieu.
• Developer
discretion
• Combination
Possible
Private Art
Fund
• No clear %
distribution
• Design, acquisition,
commission,
installation, repair,
maintenance,
conservation or
insurance.
• Sponsor or support
cultural facilities and
resources
• As the Art
commission sees fit.
The Commission
recommends use to City
Council.
Art Handbook
Public Art in Belmont Webpage
Redwood
City
• 1% of the
construction for
onsite or in-lieu.
• Developer
discretion.
Arts in Public
Places Fund
• 90% goes towards
Art Commission
• 10% for
maintenance
• Ordinance sets aside
one percent of the
The Commission
recommends use to City
Council.
Public Art Master Vision for
Redwood City
Public Art Webpage
Chapter 45: Public Art
33
Onsite vs. In-
lieu Fee
Options
Separate
Art Fund
Funds
Distribution
Decision Process
for Use of Public
Fund
Links to Policy
Documents and
Relevant Ordinances
• Combination
Possible
• Required on
commercial
developments of
50,000 square
feet or more.
annual Capital
Outlay Fund to be
contributed to the
Art in Public Places
Fund
Sunnyvale • 2% of the
construction cost
for onsite
• 1.1% In-lieu fee
contribution
• Combination
Possible
• Developer
discretion
Public Art
Fund
• No clear %
distribution.
• .1% of project
valuation is marked
for maintenance.
The Commission
recommends use to City
Council.
Chapter 19.52 Art in Private
Development
Master Plan for Public Art
San
Mateo
• 1.19% of the
construction for
onsite or in-lieu.
• Developer
discretion
• Combination
Possible
• All commercial
development
projects and
multi-family
projects with a
building permit
Art in Public
Places Fund
• No specific
assignment.
• Can be used for
maintenance
The Commission
recommends use to City
Council.
Guidelines Art in Public Spaces
Chapter 23.60 Art in Public
Places
34
Onsite vs. In-
lieu Fee
Options
Separate
Art Fund
Funds
Distribution
Decision Process
for Use of Public
Fund
Links to Policy
Documents and
Relevant Ordinances
valuation of three
million dollars
Los Altos • 1 % of the
construction for
onsite or in-lieu.
Not to exceed
200k for
multifamily and
non-residential
development
over 1 million.
• Developer
discretion
Public Art
Fund
No specific assignment. The Commission
recommends use to City
Council.
- Guidelines for Public Art
- City of Los Altos MC
Palo Alto • 1% of the
construction for
onsite or in-lieu.
• Developer
discretion
Public Art
Fund
-City can
used as a
consultant
for a fee. Fee
goes into art
fund
• Up to 20% can fund
staffing.
• Permanent and
temporary art
installation
• Can’t use art fund
for maintenance.
General Fund.
Art Commission is the
ultimate decision to approve
all art pieces.
-Art Policies and Documents
- Chapter 16.61: Public Art for
Private Developments
35