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FAC 01-28-03~'OF CUPEILTINO FINE ARTS COMMISSION Regular Meeting of January 28, 2003 Conference Room C&D, ,City Hall 10300 Torre Avenue, Cupertino, CA 7:30 p.m. (408) 777-3223 AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Minutes of the regular adjourned meeting of October 22 and the regular adjourned meeting of Nov. 21, 2002. ELECTION OF OFFICERS 2. Election of chairperson and vice chairperson ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS 3. Sound-off cards and staff responses regarding sculpture at Quinlan Community Center 4. Letter from Monta Vista High School telling of delay in mural project 5. Letter from City Attorney regarding financial conflicts of interest and closed sessions 6. Thank-you letter from grant recipient Judy Gregory. COMMISSIONER AND LIAISON REPORTS 7. Monthly meeting with Mayor Chang (3ra Wednesday at 5 p.m.) · Report from December and January meetings · select commissioner to attend February 19 meeting UNFINISHED BUSINESS 8. Fine Arts grant - high school category · Review of application package designed for students · Determine next steps in process (distribution, future deadlines, etc.) 9. Public art loan policy & agreements · City Attorney reviewed the form of documents · Commission determines whether to adopt or amend January 28, 2003 Cupertino Fine Arts Commission Page 2 10. Review the previously-adopted General Guidelines for Selecting Public Art to consider adding a section regarding the acceptance or de-accessioning of gifts or loans. NEW BUSINESS 11. Status of City Center Park and sculpture 12. Consider staffing information booths · Euphrat Family Day interim program in April · 2003 Art and Wine Festival July 19-20 STAFF REPORTS 12. Committee Roster (information item) 13. Children's art on construction fence at Cupertino library. NEWS ARTICLES ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the c~ty clerk office at 408-777-3223 at least 48 hours in advance of the meeting· MINUTES City of Cupertino FINE ARTS COMMISSION Regular Meeting October 22, 2002 CALL TO ORDER At 8:02 p.m. Chairperson Hema Kundargi called the meeting to order in Conference Room A, 10300 Torte Avenue, Cupertino, and led the pledge of allegiance. ROLL CALL Present: Chairperson Hema Kundargi, and Commissioners Nancy Canter, Janet Mobr, Carl Orr, Barbara Phelps, and City Clerk Kimberly Smith. Commissioners absent: Shirley Lin-Kinoshita, and Rita Young. APPROVAL OF MINUTES 1. Minutes of the regular meeting of September 24, 2002. This item was continued to the next meeting. ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS The commission received the following items: · Thank-you letter for the grant funding from the Euphrat Museum of Art · Thank-you card for the certificate to appreciation from Diane Agrabrite · Courtesy copy of the Cultural Arts Master Plan for the City of Santa Clarita COMMISSIONER AND LIAISON REPORTS 2. Monthly Mayor's breakfast meeting · update from Lin-Kinoshita regarding October meeting · confirm Canter's attendance in November meeting · select commissioner to attend December meeting The City Clerk distributed a written report from Lin-Kinoshita, who was not in attendance this evening. Nancy Canter confirmed that she would attend the November Mayor's breakfast, and Hema Kundargi will attend in December. NEW BUSINESS 3. Fine Arts Grants - fall cycle Receive recommendation from ad hoc committee (Canter, Lin-Kinoshita, and Orr) Carl Orr said the ad hoc committee recommended the following grant awards: $1,500 for the Cherry Blossom Festival, $1,500 for the California Youth Symphony, and $1,000 for Judy Gregory's musical play for 16 preschools. He said that they also considered Janlyn Dance Company, but since that group had recently received a grant, the subcommittee recommended a grant to Judy Gregory. Carl Orr moved to accept the committee's recommendation. Nancy Canter seconded, and the motion carried with Orr, Canter, Mohr, and Phelps voting aye, Kundargi abstaining, and Lin-Kinoshita and Young absent. October 22, 2002 Cupertino Fine Arts Commission Page 2 UNFINISHED BUSINESS Public art loan policy & agreements · Receive comments & amendments from commissioners · Adopt loan policy & standard right-of-entry agreements · Consider policy for city acceptance of gifts and/or loans of art The commissioners discussed the loan of the sculpture Torque., which was recently installed at the Quinlan Community Center. An ad hoc committee (Phelps, Mohr, and Canter) was formed to publicize the eve.nt, and. the co~m:m, ittee, will c ,o, ntact the. M, ercu~r,,y. News and the Cupertino Courier about the sculpture, tJlSCUSS~On on me remamuer ox tins item was continued to the next meeting. Fine Arts grant - high school category · Status report on Teen Commission input (Molar) · Make revisions to grants program or table item Mohr reported that she would like to make a presentation at the next Teen Commission meeting. The purpose of the presentation would be to find out if the Teen Commission is interested in participating in already established grants. Furthermore, the Fine Arts Commission would like to make the teens aware of the grants available to them and the process involved in acquiring a grant. The primary goal of the Fine Arts Commission is to determine the Teen Conunission's interest overall in participating in and/or promoting the program. The commission concurred that Janet Mohr shoudl attend the Teen Commission meeting to present their grants proposal. STAFF REPORTS 6. Committee Roster (information item) This item was continued to the next meeting. NEWS ARTICLES ADJOURNMENT The City Clerk discussed the upcoming holiday schedule and the Fine Ar~s Commission concurred to adjourn to November 21 instead of their regular November 26 meeting, and to cancel the December meeting. The meeting was adjourned at 9:10 p.m. Kimberly Smith, City Clerk DRAFT MINUTES City of Cupertino FINE ARTS COMMISSION Regular Adjourned Meeting November 21, 2002 CALL TO ORDER At 7:35 p.m. Chairperson Hema Kundargi called the meeting to order in Con£erence Room A, 10300 Torre Avenue, Cupertino, and led the pledge of allegiance. ROLL CALL Present: Chairperson Hema Kundargi, and Commissioners Nancy Canter, Barbara Phelps, Shirley Lin-Kinoshita, Rita Young, and City Clerk Kimberly Smith. Commissioners absent: Janet Mohr and Carl Orr. APPROVAL OF MINUTES 1. Minutes of the regular meeting of Sept. 24, 2002. Canter/Lin-Kinoshita moved to adopt the minutes as presented. Motion carried unanimously, with Commissioners Orr and Mohr absent. ORAL COMMUNICATIONSB - None WRITTEN COMMUNICATIONS - None COMMISSIONER AND LIAISON REPORTS Monthly Mayor's breakfast meeting · Nancy Canter reported on the November meeting and specifically addressed the desire for art in the new Cupertino library. · Hema Kundargi will attend the December meeting, and Barbara Phelps will attend the January meeting. NEW BUSINESS - None UNFINISHED BUSINESS Public art loan policy & agreements · Receive comments & amendments from commissioners · Adopt loan policy & standard right-of-entry agreements · Consider creating policy for city acceptance of gifts and/or loans of art The commissioners reviewed the documents and made amendments. They asked that the City Attorney review the new draft for approval of form, and that the documents be brought back to them in January for review and/or adoption. Fine Arts grant - high school category · Status report on Teen Commission input (Mohr) · Make revisions to grants program or table item Janet Mohr was not present, but had submitted a written report on her meeting with the Teen Commission. She was working on an application package specifically geared for student applicants, and will submit that at the next meeting. /.3 November 21, 2002 Cupertino Fine Arts Commission Page 2 STAFF REPORTS 5. Committee Roster (information item) The Commission received the document. The City Clerk also reported that a Sound-off card had been received objecting to the sculpture Torque located at the Quinlan Community Center. She shared the letter of response that had been sent. NEWS ARTICLES - None. ADJOURNMENT At 9:10 p.m. the meeting was adjourned. Because of holidays in December, the next regular meeting will be Tuesday, January 28. CUPERTINO OFFICE OF THIS CITY CLERK MEMORANDUM DATE: January 6, 2003 TO: Honorable Mayor and Members of the City Council FROM: Kim Smith, City Clerk SUBJECT: CUPERTINO SCENE SOUND-OFF CARDS Following is a copy of comments, suggestions, etc., returned from recipients of the Cupertino Scene. After staffhas reviewed the comments, a written reply is sent as per their request if the name and address is legible. December 30 Anne Wen REPLY REQUESTED 7498 Barnha~Place Cuo,~-~ino, CA 95014-5208 :}qould you kindly explain the significance of that RED sculpture at Quinlan Center. Personally, I,~. find it very unattractive and my friends feel as I do. No one at the center could enlighten me. Thank you. No name given ! dorf"t like the corner ofHiway 9 and Stevens Creek. IfI want a high rise, high density environment, I'I1 move downtown. Joyce and Richard Eihardt REPLY REQUESTED 20631 McClellan Road Cupertino, CA 95014 I wish something could be done about speeding traffic on McClellan Rd. I'm sick of it, even buses going 40-60. There are speed bumps and closures on all streets around us. Why can't something be done? No one goes 30, which is the speed limit. Thanks. City Hall 10300 Tone Avenue Cupe~ino, CA95014-3255 Telephone:(408) 777-3223 FAX: (408)777-3366 OFFICE OF THE CITY CLERK January 6, 2003 Ms. Anne Wert 7498 Bamhart Place Cupertino, California 95014-5208 Dear Ms. Wert: Thank you for taking the time to send in your Sound-Off form of December 30 regarding the sculpture at the Quinlan Community Center. Allow me to give you a little background on the acquisition of this piece, so you know how it was chosen. The City Council has long been in favor of public art for Cupertino. In response, the Cupertino Fine Arts Commission issued a Call for Art, and reviewed approximately 20 sculptures that were available for sale. They considered the works, education and experience of artists in making the selections, as well as the durability of the pieces in withstanding weather and vandalism and their suitability for outdoor locations. The Fine Arts Commission recommended purchasing four sculptures to be placed at the Quinlan Center and at parks throughout the community. However, when the City Council adopted the 2002-2003 budget, it felt the downturn in the economy and subsequent budget constraints precluded the purchasing of art at that time. Sculptor Robert Ellison generously offered to loan his sculpture, titled "Torque," at no cost for up to two years. Mr. Ellison paid the cost of installation, and the city arranged to pour the concrete slab on which it sits. The Fine Arts Commission hopes to increase the city's inventory of public art over time, and is investigating a formal loan program as a tool to bring more public art and sculpture into the city without major expense. At present Cupertino has only a handful of public art features. One of these is the morion sculpture (a Spanish Conquistador's helmet), which used to be at the Cupertino library. It has been temporarily removed, and will soon be placed in its permanent home at the comer of Torre and Rodrigues Avenues by City Hal. Other art in the city includes an abstract sculpture at Portal Software on Stevens Creek Boulevard, two murals inside City Hall, and a mural outside Whole Foods Market. There are also fountains at Memorial Park, the Civic Center, and near the Cypress Hotel on Stevens Creek. The City also looks forward to unveiling a commissioned sculpture by artist Roger Berry, which will be installed in the plaza near the Cypress Hotel about March 2003. January 7, 2003 Page Individual reactions to artwork are deeply personal. Although "Torque" is not to your taste, I hope that the new sculpture near the hotel will be one that you truly enjoy. Thank you for your interest in our community. Our public art benefits from an active public process. Sincerely, Kimberly Smith City Clerk and staff liaison to the Fine Arts Commission cc: City Council Fine Arts Commission 3-3 CUPER TINO City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK December 18, 2002 Mr. John Martinez 1145 S. Stelling Road Cupertino, California 95014 Dear Mr. Martinez: Thank you for taking the time to send in your Sound-Off form of December 11 regarding the city's art. You mentioned your objection to spending money on a new statu~.I assume you refer to the piece that has been commissioned for the comer of Stevens Creek and DeAnza Boulevards. The City Council felt strongly that this major intersection in the city was deserving of special recognition, and they look forward to unveiling the new plaza,(with sculpture and water feature), in Spring 2003. You will be pleased to hear that the sculpture of the Cupertino morion will soon be relocated to its new, permanent location at the corner of Torre Rodriguez Avenues, next to City Hall. There is also a new sculpture at the Quinlan Community Center on Stelling Road. It is named "Torque", and has been loaned to the City of Cupertino by the artist for up to two years at no cost. The Fine Arts Commission is considering a formalized loan program as a means of bringing art and sculpture into the city without major expense. Sincerely, Kimberly Smith City Clerk cc: City Council Fine Arts Commission Printed on Recycled Paper ~ - L~ Monta Vista High School 2184-0 McClellan Road Cupertino, CA 95014 December 8, 2002 Ms. Kimberly Smith City Clerk Cupertino City Hall 10300 Torre Avenue Cupertino, CA 95014 Dear Ms. Smith: I, along with the students and staff of Monta Vista High School, greatly appreciate the grant awarded to us by the city. The funds received will be devoted to creating a work of art that will enrich our campus and inspire the students. Unfortunately, the mural project has been postponed until the spring of 2003. This unexpected setback is due to the fact that the commissioned artists are currently still occupied with a prior obligation. Another bit of disappointing news is that due to ongoing construction, the mural will not be on display promptly upon completion in the spring of 2003. As of now, much of the planning for the mural has been finished. Thus, it is possible to begin work as soon as the artists are ready. We predict that the project is scheduled to begin in March of 2003. We will keep you up to date on the progress of the mural. Once again thank you very much! Sincerely, Howard Chang~ Project Facilitator Leadership Class CITY OF cupertino office of the City Attorney 10320 s. DeAnza Blvd., #1D Cupertino, CA 95014 Ph: (408) 777-3403 Fax: (408) 777-3401 December 10, 2002 Charles T. Kilian City Attorney Eileen Murray Assistant City Attorney Honorable Mayor and Members of the City Council City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Conflict of Interest (AB 1797) Dear Mayor and Councilmembers: Effective January 1, 2003, AB 1797 requires that a public official who has a financial interest creating a conflict of interest or potential conflict of interest, recuse himself or herself from discussing and voting on the matter, and leave the room until the discussion, vote and other disposition of the matter is concluded. The public official may, however, speak on the issue dudng the time that the general public speaks on the issue. If you have any questions, I will be happy to answer them at any time. Sincerely, Charles T. Kilian City Attorney CTK/dej cc: Dave Knapp City Clerk (for distribution to all commissions) HSDOCS~IAYOR~_ayor 12-10-02a. DOC CITY OF CUPERTINO Office of the City Attorney 10320 S. DeAnza Blvd., #1D Cupertino, CA 95014 Ph: (408) 777-3403 Fax: (408) 777-3401 December 10, 2002 Charles T. Kilian City Attorney Eileen Murray Assistant City Attorney Honorable Mayor and Members of the City Council City of Cupertino 10300 TorTe Avenue Cupertino, CA 95014 Re: Brown Act Revision (AB 1945) Dear Mayor and Councilmembers: In the most recent session of the state legislature, the Brown Act was modified to add AB 1945. Effective January 1, 2003, Section 54 963 has been added to the Government Code providing that a person may not disclose confidential information that has been acquired by being present in a closed session unless the legislative body authorizes disclosure of that confidential information. The law further provides that a violation of this provision may be addressed by the use of remedies currently available, including, but not limited to, injunctive relief to prevent disclosure, disciplinary action against an employee who willfully discloses confidential information, and the referral of a member of a legislative body who has willfully disclosed confidential information to the grand jury for investigation and possible prosecution under specified procedures. If you have any questions, I will be happy to answer them at any time. Sincerely, Charles T. Kilian City Attorney CTK/dej cc: Dave Knapp City Clerk H:XDOCS~IAYOR~Iayor 12-10-02.DOC ~. 5> December 4, 2002 Cupertino Fine Arts Commission Kimberly Smith, City Clerk 10300 Torte Avenue Cupertino CA 95014-3255 Dear Ms. Smith: Thank you so very much for the wonderful grant you have awarded me for the Peter and the Wolf presentations for Cupertino preschools. I am thdlled to be able to provide this program for my own community of Cupertino. I will keep you informed of my scheduled performances and will provide you with an evaluation at the end of the session. I'm hoping to delight hundreds of Cupertino preschoolers by presenting a stimulating, educational and entertaining program featuring Peter and the Wolf. Sincerely, Judy Gregory Peter and the Wolf pro.~nter Judy Gregory · 1233 Belknap Court Cupertino CA 95014 · 408 446-5725 · judy_gregory~hotmeil.com CH'¥ OF CUPERTINO FINE ARTS COMMISSION ARTS GRANTS FOR TEENS I. Guidelines for Te~ Art Grant Awards The City of C~o will grant fimds to teen artists in Cup~ino to assist them in creating and presenting visual and performing aris a~tivities for the benefit of the residents of Cupertino. The major goals of these grants are to: a) oreat~ and presenl arts programs thal meet the interests and needs of residents of Cupenino b) expand the type of fine arts activites offered in the community c) serve a xvide range or a cle~ly defined group within the community d) encourage young artists to create and participate in fme aris activities that serve the e) suppofl art projects that have clearly identified expmua~ that e~n be easily evaluated after eomplefiun II. Process for Obtaining and Judging Applications a) Applications will be available ttmough the Office of the City Clerk at the Ck~rtino City Hall b) An adult sponsor renst sign tim t~n grant application c) The application nmst be submitted to the City Clerk by the published deadline d) A subcx, mufittee of three board members of the Commission will review all the proposals. Any eonmfission member who has a personal, professional or financial eormectiun to any applimnt ranst abstain from voting on that proposal. e) Awants will be made on the basis of merit and outreach to the C'upeflino cxmmnmity. ,%me specific audimees the city would like to reach are young people, the elderly, the handicapped and the economically disadvantaged 0 Although applicants are asked to list their projected expenses in their applioafion, the amount of money awarded for any grant will be determined by the Fine Arts Commi~sio~t It may be more or less than lira sum requeste& g) Applicant must be willing to indieale the financial support of the City of Cupertino in publicity and presentation of the activity h) Before presentation of the a~tivity, the applicant nmst holily the City Clerk of c~ino. i) ulxm oompl~lion of the a~fivity, applie~ant must fill om a writt~ evaluation of the activity ami sulmfit it to the Fine Aris Commission with some examples, audience evaluations, or photographs of the presentation. j) The funds awarded in this grant e, anaot be used for any regao flat or extra-credit assigmnent or project in a course offered for credit at school. It must be worked on and presented outside of the regular school program 2-/ CITY OF CUPERTINO FINE ARTS COMIVIISSION APPLICATION ARTS GRANTS FOR TEENS This is a formal document. Please write clearly and respond to the questions as clearly and fully as you can. I. APPLICANT'S NAME: NAME OF OROUP: (if appropriate) LIST NAMES OF OTHER MEMBERS: ADDRESS: PHONE: IL SPONSOR'S NAME: RELATIONSHIP TO APPLICANT: ADDRESS: PHONE: (HOME) SIGNATURE: ~ver) IH. DESCRIPTION OF PROJECT: (Yo~ ean attach extra I~ges, if necessary) FIELD: (wfit~ in c~ from b~low) VISUAL ARTS (painting, s~dpture, photo~raplry, graphi~ arts) PERFORMING ARTS (dan~, music, &ama) LITERATURE OTHER NARRATIVE DESCRIPYION: WRITE ()UT A DETAILFT~ EXPLANATION OF YOUR PRGJECT. AS A GUff)ELINE YOU SHOULD ALS() INCLUDE ANSWERS TO THE FOLLOWIblG Q1JEST1GNS ABOUT YOUR PROJECT: WHAT IS ITg._~ WtI£rS DOING IT?, WHERE, WHEN, AblD HOW ARE YOU PRODUCHqG IT7 AND WHAT DO YOU HOPE TO ACCOMPLISH WITH THIS PROJECT? .... ANSWER THESE ADDITIONAL QUESTIOblS: WHO IS YOUR INTENDED AUDIENCE FOR THIS ACTIVITY AlqD WHY WOULD THEY BE INTERESTED? WHAT ARE YGUR PREVIOUS ARTISTIC EXPERIENCES 1~ THIS FIELD? GIVE EXAMPLES OF ANY ORGANIZING SKILLS AND EXPER1FJqCE YOU ALREADY MIGHT HAVE. (eontd) C. TIMEI.INE: (You cm~ nttneh extra pages ff necessary) PRESENT A REALISTIC TIMELIlqE FOR THIS PROJECT. INDICATE THE STEPS AND APPROXIMATE AMOUNT OF TIME ( in DAYS) YOU INTEND TO TAKE TO CREATE AND PRESENT THIS ACTIVITY. ( DON'T FORGET TO KEEP IN MIND ALL YOUR OTHER RESPONSIBILITIEkS: AT SCH(X)L, AT HOME AND AT YOUR OTHER OUTSIDE ACTIVITIES!!) IF YOU CAN, LIST AN APPROXIMATE DATE THIS PROJECT MIGHT BE COMPLETED. example: 2/15 Submit applicalJeo to City Clerk for original dramatic play tm teen drinking, writt~m, produced and directed by Bill Teen 4115 Acknowledge grant award and write out a possible timefran~ for proj~t 4/16 Buy supplies, find a lo(:alica~ to work and pres~mt play, recruit takat (c~ntd) IV. BUDGET: Try to estimate what types of supplies and materials you will need to complete this project, then research how much it will c~st to pumhase them_ A. MATERIALS AND SUPPLIES: (Type and Quantity) (Cos0 B. OTHER EXPENSES: (list them) (Cost) TOTAL AMOUNT NEEDED: TOTAL AMOUNT REQUESTED: SINCE THIS PROJECT IS FUNDED BY PUBLIC FUNDS, THIS APPLICATION IS A LEGAL DOCUMENT. YOU WILL NEED TO READ AND SIGN YOUR NAME TO THE FOLLOWING STATEMi~NTS: I HEREBY ACKNOWLEDGE THAT ALL THE ABOVE STATEMENTS ARE TRUE. I UNDERSTAND THAT BY ACCEPTING THESE PUBLIC FUNDS, I WILL USE THEM SOLELY IN THE CREATION AND PRESENTATION OF MY ART PROJECT. I AGREE THAT AT THE TERMINATION OF MY PROJECT, I WILL COMPLETE AND SUBMIT AND EVALUATION SHEET TO THE FINE ARTS COMMISSION, CIO THE CITY CLERK, CITY OF CUPERTINO, 10.~0O TORRE AVENUE, CUPERTINO, CA 95014-3255 NAME (PRINTED): NAME(SIGNATURE): DATE: CITY OF CUPERTINO FINE ART~ COMMISSION ARTS (RANTS FOR TEENS PROJECT EVALUATION SHEET At the ~xl of your project, this Projeet Evaluation Sheet is to be oompl~ed ~ submi~ed to the Fine A~s Conmfi~ior~ Try to answer thc questions as completely as you can. You can write oul the answers on separate s~c,,~,~ of paper or better yet,print them out on your computer and mail i~ to the City Clerk of Cupeaino, c/o The City Clerk, City of C~mino, 10300 Torte Avenue, Cup~ino, CA 95014-3225. A. Name of~hc applicant B. Name of thc spemifi~ proj~/~v~nt/work B. ff other people were involved in yom:project: How many were there ? What did they actually do'? C. What were your actual (vs projected) exp,mses? (ffyou can, itemized thcm) IL PRESENTATION: A. Where was thc locafi~m of thc presenlafion? The date and time? Howdid y~m ammge it? B. What was the goal(s) of your presaatation? C. Audience: a) How many people attended the presentation? b) Describe thc audience: (other students, smaller children, adults, ~.) c) What was thc audience reaction to your "creation'? d) What do you think, lhcy got oul yom presentation? Was that your goal? e) You might also write up a sin?le eva~tion sheet for ~he audience to fill oul and return to you, thcn submit the results with this evaluation E. Please attach an~ printed materials, flyers, photographs, newspaper a~ticles or other items of recognition of your project (over) III. YOUR OWN ANALYSIS: A. How do you think tlfis proj~ tmmd out? B. Whatw~scasy? hard'? succesS'? notsuocessful? What would you do differently next time7 C. What did you learn from doing this project? NAME: (printed) SIGNATURE: DATE EVALUATION SUBM1TIED: - Student artists may seek' grants Mercu.~JV'e~c~ - I CuperQno's fine arts commis- gran~ for ~ ~ ~ ~ ~ ~ ~p~ f~ ~ng f~ ~p~c d~ ~ ~ ~ o~ ~ ~d ~ ~d ~ ~ ~ n~ o~ ~p~ ~ ~ ~ ~d ~ ~ a~ ~r ~d ~ out CUPErTiNO a written appnc~on his or her project idea and bu¢' .get d~cermine a person or group m pleted project t~ Mohr said ble venues to disphy _a:,x'wor~ are the Cupertino Senior Centei' or a eled Cuper~no Spot te C~nter. not yet determined the format for the final selection process, which Kim .Fv~, liaison for the Ow perfino teen commission, said she the 13 youths on the teen eommis- ' arts eon~on already For more information or to get Smith at the city dergs office at (408) 777-3223 or dty clerkCweuper~o.o~ or e-mail Mohr at jmo~lis.org. 12.12-12.18 Student Gregory Sylvester, from left, Carol Bourdeaux, Samuel Machado and Oliver Cabrera preserve near Sunnyvale's Peterson Middle School. A new wooden walkway, behind them, sn BOY SCOUT GIVE. NEAR SCHOOL A Mi WALKWAY IMPROVES ACCESS TO NATURE AREA F( For decades, physically.dis~ abled students, especially those in wheelchairs, had few options for experiencing the same hands-on science lesson other students had in Peter- son Middle School's nature SUNNYVALE and senior at Wilcox High School, recently solved that problenL He built a ramp and a hundred-foot raised wooden lot, swimming pool ar trimmed football riel( Peterson Middle S¢ Surmyvale is Peters acres of wilderness. Since the 1970s, : throughout the San~ Unified School Distr made field trips to Pa Kimberl¥ Smith From: Sent: To: Cc: Subject: Janet Mohr [jmohr@telis.org] Sunday, November 03, 2002 7:02 PM Shirley Kinoshita Rita Young (E-mail); Kimberly Smith (E-mail) Re: Art Grants for Teens Hi Shirley & Rita, I just wanted to report back to you that at the October 22md Fine Arts Commission meeting, we talked about the Teen Art Grants and the members of the commission suggested that I go ahead and attend the Teen Commission that Thursday {the 24th). I called the staff member Kim Fry and she told me that while it was too late to be put on the regular agenda, I could come during open forum and give a 3 minute presentation. I figured we had to start some time, so I went and explained {rapdily!} to the teens what we had in mind (i.e. all the things our subcommittee had discussed). I showed them an adult application, discussed the main ideas and questions with them then said that we were preparing to modify the grant application a bit for the teen applicants. They asked some good questions. I then asked them to think about our offer, talk to their school mates, art , music and drama teachers, and administrators at their respective schools and then notify me to be put on their agenda at a later date. The students seemed interested in the idea (for themselves as well as others!) and said they would let us know when we could discuss it further. I plan to call Kim Fry and ask her suggestions for what our next step should be. Just thought you should know that we have begun our project! Let me know what you think. Janet PUBLIC ART LOAN POL~ICY -- FIRST DRAFT SECTION I: LOAN OF THE WORK OF ART A. OUTDOOR SCULPTURE The sculpture will be displayed at a site to be selected by the Fine Arts Commission, in cooperation with other city agencies. Construction of the base, means of access to and from the site, and general control of activities so as to cause the least disturbance to the site itself and users thereof, shall be and re~,lain in the city. B. TWO DIMENSIONAL ART_?Indoor and Outside) The work of art will be displayed at a site to be selected by the Fine Arts Con, mission. Selection will be based or, visual arts works selection criteria in FAC Public arts policy. (Items 1-16). See attached. SECTION II: COSTS INSTALLATION, MAINTENANCE, REMOVAL I. Artist is repsonsible for transit to and from site. 2. Cost of installation and site preparation will be assumed by the artist or the city, considered on a case by case basis, at the discretion of the city council, with recommendations from FAC. 3. General Maintenance costs of the artwork will be assu~ed by the artist. 4. Landscaping maintanance costs will be assumed by the city. 5. Costs for signs or identification will be assumed by the city, and be subject to their control. (See section 5.> SECTION III: TERMS FOR DISPLAY LENGTH OF DISPLAY Beginning date of display and minif~al length of display will be fixed upon signing of agreement between city and artist, with cor~sideration for recommendation of FAC. CONTINUATION OF DISPLAY Following the conclusion of designated length of display, agreement can continue with same terms and conditions~ unless city or artist gives 30 days written notice to the other to terminate the REMOVAL NOTIFICATION ~ ~ ~,~k Artist will r~cei've notification for remo , .... J~L two months prior to agreed date, and will be expected to comply within 60 days of notification. SECTION IV. INSURANCE AND LIABILITY (to be reviewedJ , Artist shall b sol responsible for theft, vandalism or damage to or e~uction of the artwork, from any or all causes. For outside artworks, the city may, at its sole cost and expense, construct a fence around the area in which the artwork will be located, and take other meassures as it deems necessary or desirable in its sole discretion to protect public safety and the art'work itself. SECTION V. SIGNS Any signs identifying the artwork or artist, or for any other reason, placed near the artwork, shall be approved as to form, style, materials, and content in advance by the FAC and the city. ~5~ ~ll~ ~Su~eJ ~i SECTION VI.: NO A6REEMENT TO PURCHASE OR LEABE. ~S~ ~ If at some point, the city is interested in purchase ~ of artworks which have been on loan, new procedures. ed followln policy for public art ~/ would be initiat , ' g ~ purchases. By acceptance of a loan of an artwork, the city expressly does not agree to buy, or lease the use of, the artwork for any period of time, or agree to any sales or lease price whatsoever. SECTION VII: CONTRACT OF AGREEMENT 'The artist will sign a contract of agreement with the city when loaning an artwork for public display. PUBLIC ART LOAN POLICY - draft with notes SECTION I: LOAN OF THE WORK OF ART A. OUTDOOR SCULPTURE The sculpture will be displayed at a site to be selected by the Fine Arts Commission, in cooperation with other city agencies. Construction of the base, means of access to and from the site, and general control of activities so as to cause the least disturbance to the site itself and users thereof, shall be and remain in the city. B. TWO DIMENSIONAL ART (Indoor and Outside) The work of art will be displayed at a site to be selected by the Fine Arts Commission. Selection will be based on the adopted General Guidelines for the Selection of Public Art (see attached). Attorney's note - no authority for this unless the policy is approved by City Council SECTION II: COSTS A. INSTALLATION, MAINTENANCE, REMOVAL 1. Artist is responsible for transit to and from site. 2. Cost of installation and site preparation will be assumed by the artist unless otherwise determined by the city council, after recommendation from the fine arts commission. 3. General maintenance costs of the artwork will be assumed by the artist. 4. Landscaping maintenance costs will be assumed by the city. 5. Costs for signs or identification will be assumed by (see Section V) this section has some missing text SECTION III: TERMS FOR DISPLAY 1. LENGTH OF DISPLAY Beginning date of display and minimal length of display will be fixed upon signing of agreement between city and artist. 2. CONTINUATION OF DISPLAY Unless otherwise determined, the agreement will continue with the same provisions after the term of the agreement expires, subject to termination by 30 days' written notice by city or the artist. 3. REMOVAL NOTIFICATION Artist will remove art within 30 days of termination date. SECTION IV. INSURANCE AND LIABILITY Artist shall be solely responsible for theft, vandalism or damage to, or destruction of the artwork, from any or all causes. For outside artworks, the city may, at its sole cost and expense, construct a fence around the area in which the artwork will be located, and take other measures as it deems necessary or desirable in its sole discretion to protect public safety and the artwork itself. SECTION V. SIGNS Any signs identifying the artwork or artist, or for any other reason, placed near the artwork, shall be approved as to form, style, materials, and content in advance by the fine arts commission and the city. Cost will be assumed by the artist unless otherwise agreed by the city. SECTION VI. NO AGREEMENT TO PURCHASE RELEASE. The city expressly does not agree to buy, or lease the use of, the artwork for any period of time, or agree to any sales or lease price whatsoever. Any purchase or lease of artwork by the city would be accomplished by a separate city council action after recommendation by the fine arts commission. SECTION VII. CONTRACT OF AGREEMENT The artist will sign a contract of agreement with the city will owning an artwork for public display. Question about the wording of this paragraph RIGHT OF ENTRY AND INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 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 the City of Cupertino, County of Santa Clara ("the Promises"); and WHEREAS, Exhibitor desires to erect a piece of art 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 sooner termination of this Agreement, Exhibitor, at his sole cost and expense, agree 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. SECTION 6. Exhibitor agrees to indemnify, defend and holds City, its officers, agents, servants and employees harmless 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 at the site 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 Cupertino Public Art Progra~n General Guidelines for Selecting Public Art Prepared by the City of Cupertino Fine Arts Cmmnission Adopted May 28, 2002 Cupertino lhlbHe Art Program General Guidelines for Selecting Public Art Baekgro md The City desires to acquire art for its permanent collection of sited works, permanent portable collection, and temporary collections. The Commission desires to create a visual identity for the City by placing artworks in various locations. The Commission has in the last year begun to lay the groundwork for selecting public artworks by drawing up policies and setting clear guidelines and objectives. The Commission will be proposing a One Percent for Art program as part of the General Plan update to fund and ensure the City's long-term goal of placing artworks in the City. The Commission is currently researching potential sites on public lands to place completed artworks or to commission artworks in the near future. Guidelines The following guidelines are meant to assist in the selection of sited works: Sited works will be appropriate to the location, i.e. be proportionate in size and be integrated into the environs or architecture. To ensure excellence in the work's physical embodiment of the principles of design, the involvement of a peer professional in aesthetic decision-making is desirable. Sited works may reflect the history and culture of the area. Various visual media and materials both traditional and non-traditional will be considered. Durable materials with minimum maintenance requirements and maximum resistance to vandalism will be required. An artist will have proven ability and experience in designing, managing and producing hands-on large-scale integrated artwork. Selection of artists will not be restricted by age, gender or ethnic background. Public liability and environmental concerns will be addressed. The de-accessioning or removal of an artwork will follow legal procedures and protect both artist and City from liability. Where public funds are used, the community surrounding the future art may be invited to participate in helping to select the art and helping to generate community acceptance. IO'g A timeline will be designed to provide adequate time to coordinate and educate parties involved and to structure the overall plan for a project. It is desirable to involve the selected artist and/or a public art consultant on a project design team at the conceptual phase of architectural planning. This will help to fully integrate art works into building projects, to help to provide developers with a positive experience and to help to prevent expensive retrofitting later. If an artist has not yet been selected, the consultant will 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), to manage the fabrication/installation processes and to promote integration ofm with the environs. They will also keep the project on track, on time and on budget. DeAh~ Boulevard