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