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FAC 05-12-2009 AGENDA FINE ARTS COMMISSION Regular Meeting, Con£ Rm. A C O P E RT I N O 10300 Torre Avenue Cupertino Tuesday, May 12, 2009 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS APPROVAL OF MINUTES 1. Minutes of April 28, 2009. PRESENTATIONS NEW BUSINESS 2. Distribution of nomination packages for :Distinguished and Emerging Artists of the Year, if any (final deadline is Friday, May 15). UNFINISHED BUSINESS 3. Prepare commission work plan for prese~rtation to City Council on June 16 (report deadline is June 10) 4. Follow-up report on the 2009 Cherry Blossom Festival held on Apri125 and 26 (update from Chairman Robert Harrison). 5. Follow-up report on Fine Arts Commission budget request for fiscal year 2008/2009. COMMISSIONER REPORTS STAFF REPORTS 6. Distribute updated pages to Percent for ~~rt Program, commissioners' Public Art review form, and Committee Roster. NEWS ARTICLES ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons wit~a qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. ®RAFT DRAFT MINUTES FINE ARTS COMMISSION Regular Meeting, Conf. Rm. A C O P E RT I N O 10300 Torre Avenue Cupertino Tuesday, April 28, 2009 7:00 p.m. PLEDGE OF ALLEGIANCE At 7:05 p.m., the meeting was called to order. ROLL CALL Present: Acting Chairman KC Chandratre~~a and Commissioners John Fiegel, Christine Hackworth, and Jessi Kaur. Absent: Chairm;~n Robert Harrison. Staff present: City Clerk Kimberly Smith. ORAL COMMUNICATIONS Mr. Allen Zeng, President and Chairman of the Board of Sound of Hope Radio Network, Inc., invited the commissioners to attend the Shen Yun Performing Arts spring performance to be held May 15-17 at the San Jose Center for the Performing Arts. He showed a brief video overview of the performances. He invited the commissioner; to attend the hosted VIP reception and meet the artists (a $50 value) and said that they would als~~ receive up to a 20% discount on show tickets. The City Clerk reminded the commissioners that if they took advantage of this invitation, it may be reportable as a gift on their annual Conflict of Interest forms. WRITTEN COMMUNICATIONS 1. Brochure about "Sculpture on Main," a j~~ried international outdoor art exhibit and sale held in Marble Falls, Texas. City Clerk Kimberly Smith shared information about year-long art show and sale held in the historic downtown district of Marble Falls and explained that the City Manager had visited that location and had been very impressed with the quantity and quality of the art. She explained that entries are open internationally, and the program is run by the historic downtown association and redevelopment agency. The town has been contacted and asked to provide further information on how the program works as well as its budget and staffing. The commissioners discussed ways to promote a similar event. The City Clerk noted that the city already poured a concrete slab to display a loaned sculpture in the lawn of the Quinlan Community Center, and that space is again available. The Commissioners agreed to consider the topic further when they p:-epared their final work program. APPROVAL OF MINUTES 2. Fiegel moved to approve the minutes of :February 24, 2009. Hackworth seconded, and the motion passed unanimously with Harrison absent. NEW BUSINESS 3. Prepare commission work program for presentation to City Council in May or June. The commissioners reviewed the draft work program provided by the City Clerk and discussed additional projects they may want to pursue, including (1) Finding creative ways to leverage grant awards; (2) Create opportunities for a weekly or monthly performing arts Apri128, 2009 Fine Arts Commission Page 2 event, such as an "open mic" concert, dance, etc. in a local park or plaza; and (3) Identify city-owned property which would benefit from permanent or rotating sculpture. The Commission concurred to create an <<d hoc committee of John Fiegel and K.C. Chandratreya who will continue the discussion on work program ideas, and report back to the full commission at the next meeting. 4. Consider changing June 23 meeting date to early July. The commissioners commented on the number of projects they hoped to accomplish this year and whether they should change the May or June meeting dates to better accommodate the deadline for the Distinguished Artist as well as summer travel schedules. Chandratreya moved and Kaur seconded to continue the current meeting to May 12 at 7:00 p.m., and that the Fine Arts Commission should return to a monthly meeting schedule on the 4`a' Tuesdays, with the understanding that staff would only be present at every other meeting and the commission would be responsible for preparing the minutes when staff is not present. The City Clerk will continue to prepare and post all agendas. The motion carried unanimously, with Harrison abse~lt. 5. Consider options to maximize grant funds. The commissioners concurred that this topic will be considered in their general discussions about the work program. UNFINISHED BUSINESS 6. Requirements for lighting of public art (continued from February 24). A. Consider updating the Quarter Percent for Art guidelines document to highlight Leadership in Energy and Environmental Design (LEED) Green Building practices and their impacts on public art lighting. The commissioners concurred to add the following wording to page 2, paragraph 8 of the Quarter Percent for Art Program overview: "LEED or other building certification does not exempt the developer and/or artist from meeting all criteria." They also asked the Clerk to add reminders about lighting and signag~~ in the notes section of their public art review form. 7. Follow-up report on the 2009 Cherry Blossom Festival held on April 25 and 26. This item was continued to May 12 when Commissioner Robert Harrison will be available to report on the events of the day, including the Children's Art Exhibit. 8. Follow-up report on Fine Arts Commission budget request for fiscal year 2008/2009. The City Clerk reported that the budget document had not yet been finalized, but that the commission may wish to watch the budget study session scheduled for May 27. STAFF REPORTS -None. NEWS ARTICLES -None ~ April 28, 2009 Fine Arts ~~ommission Page 2 COMMISSIONER REPORTS Commissioner Hackworth said that she had attended the most recent Mayor's breakfast and would forward her written notes for the Fine Arts Commission's information. ADJOURNMENT The meeting was adjourned at 8:58 p.m. Kimberly Smith, City Clerk/Staff Liaison 3 CUPERTINO CITY OF CUPERTINO "QUARTER-PERCENT FOR ART" PROGRAM Updated March S, 2009 GENERAL PLAN REQUIREMENT In 2005, the Land Use Element of the Cupertino General Plan was amended to add a goal and policy regarding public arts (Goal H, Policy ?-66). The goal is to "create a civic environment where the arts express an innovative spirit, celebrate a rich cultural diversity, and inspire individual and community participation." The policy servE~s to "stimulate opportunities for the arts through cooperative relations between local business and the City." OVERVIEW • The minimum expenditure for the artwork design, fabrication, and installation shall be equal to one-quarter of one percent (.25%) of the construction budget. Proof of the expenditure will be required: Tf~ere is an expenditure cap of $100,000, but the developer/owner is encouraged to spend more as necessary to provide aesthetic artwork of an appropriate scale. • The developer must obtain appro~?al from the Cupertino Fine Arts Commission for the artwork, lighting, landscaping, and identifying plaques. Installation of those items must be completed before a building occup~~ncy permit will be issued. • The artist will provide a maintenance schedule and instructions. The developer and/or property owner will be responsible for maintaining the artwork in good condition at all times. The Cupertino Public Art Ordinance is Cha~~ter 19.118.00 of the Cupertino Municipal Code, which is available on the City's website at www.ciapertino.org. Package Contents: 1. General Development and Public Art Requirement 2. Fine Arts Commission (FAC) process; 3. Review Criteria 4. Information Forms, including Cost 1~'Vorksheet 5. Listing of Public Art in Cupertino GENERAL DEVELOPMEN"f AND PUBLIC ART PROCESSES General Protect Development Process 1. Developer has a preliminary consultati~~n with Planning Department staff 2. Developer files a formal application 3. Plans are distributed internally to Planning, Building, Public Works, Fire, etc. Public Art Process 1. A public art requirement may be triggered by the project's size, asset forth in General Plan Policy 2-66, or imposed as a condition of approval by the Planning Commission and/or the City Council. Site plans for projects that require public art are distributed to affected parties, such as the Fine Arts Commission, Parks and Recreation Commission, etc. 2. Planning staff reviews all conditions of approval with the developer, including the Public Art criteria, and refers Developer to the Fine Arts Commission (FAC) staff liaison. 3. FAC liaison schedules the matter and provides Developer with guidelines and application materials, as well as a list of existing public art within the City limits. 4. Developer is responsible for selecting the artist and artwork(s). The FAC liaison may provide weblinks and email address to assist with this process. 5. Developer submits Public Art Applicati~~n package 30 days prior to the FAC meeting, including a Pro Forma (or equivalent d~~cumentation) illustrating cost of development project, and scope/cost of art project (see Fine Arts Commission process) 6. FAC liaison forwards copies of application package to Building, Fire, and Public Works with a request to review and comment within 2 weeks. 7. Developer and Artist attend the Fine Arts Commission meeting to present the proposal. 8. Fine Arts Commission reviews and approves or denies the artwork. The Commission may provide suggestions for modification to the artwork, location, lighting, signage, etc. and work with the Developer and/or Artist until proposal is satisfactory. LEED or other building certification does not exempt the developer and/or artist from meeting all criteria. 9. Developer works with the Building C~ivision to secure applicable building permits prior to fabrication of the artwork. 10. Developer notifies the FAC liaison when the artwork will be installed. 11. Developer notifies Building Division and FAC Liaison when the artwork installation is complete, and provides high-resolution digital photographs ofthe installed artwork. The City of Cupertino assumes the right'to photograph artwork for the purpose of city publicity, education or other cite promotional needs. 12. Unless otherwise specified, Developer is responsible for maintenance of the artwork. Developer shall enter into a maintenance agreement with City if the artwork is located in the public right-of-way. 13. Building Division will issue a buildin€; occupancy permit subsequent to FAC Liaison/City Planning signoff on public art completion. 14. The artwork will be a fixed asset of the property, and statements to that fact shall be attached or recorded in the existing CC&Rs or on the property deed to advise subsequent owners of the obligation to maintain the artwork. FINE ARTS COMMISSION PROCESS The Cupertino Fine Arts Commission (FAC) meetings are held on the fourth Tuesday of February, April, tune, August, October, and December (December meetings maybe rescheduled or cancelled) at 7:00 p.m., Conference Room A, Cupertino City Hall, 10300 Torre Avenue, Cupertino. Contact the FAC liaison at least 30 days in advance to schedule time on the agenda: Kimberly Smith, City Clerk 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3217 cityclerk@cupertino.org Developer/Artist shall submit the following at least 3C1 days prior to the meeting. Digital media is preferred. 1. Public Art Application Form (attached) 2. Eligible Costs Worksheet Form (attachE~d) 3. A copy of the project Pro Forma to substantiate project budget 4. Artist's biography, resume, and list of Exhibitions, and photos of other works of art 5. Artist's statement about the prospective artwork explaining the theme or intent 6. Detailed sketch or photo of the prospective artwork 7. A site plan indicating landscaping, lighting, and location of the artwork 8. A sketch and/or description of an identifying plaque, including its location in relation to the artwork. The plaque shall measurE~ at least 8"x 8", be constructed of a permanent material, and list the name of the artist:, the title, medium and the date of fabrication Artist shall provide these items at the meeting: 1. A scale model and/or athree-dimensional virtual model 2. Samples of proposed materials for the artworl: and plaque 3. Care and maintenance plan recommended by the artist The Fine Arts Commission will review the proposal at a scheduled meeting and will either recommend approval of the proposal, recommend approval with rninor modifications, or deny the proposal. The Commission may also continue the item and provide :suggestions to the Developer/Artist until the art project meets with their approval. The decision of the Fine Arts Commission is final. AD HOC COMMITTEE ROSTER Cupertino Fine Arts Commission updated Apri128, 2009 Committee Name Members Purpose/Notes Status (all: are ad hoc committees Work Program Chandratreya Edit document and Goal is to finalize 2009-10 work program by June 10 deadline document Fiegel report back to for June 16 presentation to City Council. Presentation to be done commission on Ma 12 b one or more commissioners. Distinguished Artist Funding of $500 for first time in 2006. Was expanded to two and Emerging of the categories (visual and performing) but in 2007 no artist in the Year 2009 performing category was selected. Charlotte Kruk was selected for visual category. She and other DA's participated in 2007 Rotary/Chamber Fall Festival. Budget request for 2009-2010 will be same as last year: $500 for Distinguished Artist, $500 for Emer in Artist, and re uest for fundin for Arts Week. Grants Budget request for 2008-2009 will be $500 for Distinguished ruu~~, .DJVV lur ~iilcl~'til~' ruu~~, aiiu icljuGJ~ iui ii.uiuiii~ lui ru~~ Week. (In 06-07 $2000 in grant funds were reinstated and awarded to the Euphrat Museum plus $500 to Distinguished Artist. 2008 budget was increased to $5,200: $1000 total for two Distinguished Artists, $4000 for Euphrat and $250 for judge for 'uried Fall Festival Art Show.) Cupertino Fall This event is put on by FAC chairman coordinated with Fall Festival representatives to Festival (formerly Cupertino Rotary and display works by previous and current Distinguished Artists. the Cupertino the Cupertino Chamber Jubilee) of Commerce. Cupertino sponsors by providing space