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FAC 02-24-04 AGENDA FINE ARTS COMMISSION Regular Meeting, Conference Room A 10300 Torre Avenue Cupertino February 24, 2004 7:30 p.m. CUPElQ1NO CALL TO ORDER ROLL CALL APPROVAL OF MINUTES I. Minutes of the regular meeting of January 27,2004 PRESENTATIONS ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS COMMISSIONER AND LIAISON REPORTS 2. Monthly meeting with Mayor James (3rd Tuesday, 7 a.m., Hobee's Restaurant) . Report from February meeting Confirm attendance at next meeting UNFINISHED BUSINESS 3. Review recent amendments and adopt revised Guidelines for Selecting Public Art (continued from 1-27-04) Status of plaque for Children's Tile Wall 4. 5. Status of Arts and Recreation brochure for 2004 6. Status report on sculpture commissioned by Dick and Carolyn Randall for Cupertino Library/Civic Center Plaza. NEW BUSINESS 7. Confirm mailing addresses for interested parties, including Euphrat Museum of Art and Cupertino Fine Arts League Distribution of City Council goals for 2004 8. STAFF REPORTS II. Committee Roster (information item) 12. Announcement of nomination period for Distinguished Artist of the Year February 24, 2004 Cupertino Fine Arts Commission Page 2 NEWS ARTICLES 13. Media coverage 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 city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. DRAFT MINUTES FINE ARTS COMMISSION Regular Meeting, Conference Room A 10300 Torre Avenue Cupertino January 27, 2004 7:30 p.m. CUPEIQ1NO CALL TO ORDER At 7:30 p.m., Chairperson Shirley Lin-Kinoshita called the meeting to order in Conference Room A of Cupertino City Hall, 10300 Torre Avenue, Cupertino, California. ROLL CALL Present: Chairperson Shirley Lin-Kinoshita, and Commissioners Nancy Canter, Hema Kundargi, and Janet Mohr. Commissioners absent: Carl Orr. Staff present: City Clerk Kimberly Smith. APPROVAL OF MINUTES I. Minutes of the regular meetings of November 25 and December 23,2003. Canter and Kundargi moved and seconded to approve the minutes as presented. Motion carried unanimously, with Commissioner Orr absent. ELECTION OF OFFICERS 2. Election of chairperson and vice chairperson Nominations were opened. Nancy Canter was nominated for chairperson, and Janet Mohr nominated for vice-chairperson. Nominations were closed, and Kundargi and Lin- Kinoshita moved and seconded to appoint Canter as chairperson and Mohr as vice- chairperson. Motion carried unanimously, with Commissioner Orr absent. PRESENTATIONS ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS COMMISSIONER AND LIAISON REPORTS 3. Monthly meeting with Mayor James (3rd Tuesday, 7 a.m., Hobee's Restaurant) . Report from January meeting Select commissioners to attend future meetings Commissioners discussed the upcoming meetings, and Janet Mohr was selected to attend the next one in February. 1-( January 27,2004 Cupertino Fine Arts Commission Page 2 UNFINISHED BUSINESS 4. Amendments to Guidelines for Selecting Public Art (continued from 9-22-03) . Revised guidelines, incorporating sections from the Town of Los Gatos policy as well as changes suggested by commission members, will be distributed at the meeting for the commission's consideration The commissioner reviewed the document and asked the City Clerk to make amendments, and bring the item back for adoption. Sculpture commissioned by Dick and Carolyn Randall for Cupertino Library/Civic Center Plaza. 5. The City Clerk reported that the City Council had agreed to accept the gift of two sculptures, purchased by the Randalls and created by artist Georgia Gerber. The Clerk would forward photographs of the clay models when they were received. NEW BUSINESS 6. Consider a recognition plaque on Children's Tile Wall Diana Argabrite, a coordinator of the Arts in Schools program at the Euphrat Museum of Art, attended the meeting and offered to donate the time and materials to create a plaque regarding the children's tiles which were installed in the Quinlan Center pre-school play area some months ago. Mohr and Kundargi moved and seconded that Diana Argabrite, representing the city, will create an appropriate sign or plaque for the children's tile wall at the play area. The wording shall be brought back to the Fine Arts Commission for final approval. The Clerk was asked to put the city's sign policy on the next agenda for review. Consider 7th annual student art exhibit at the Cherry Blossom Festival (April 24 and 25) 7. Diana Argabrite volunteered her services to organize a student art exhibit at the Cherry Blossom festival scheduled for April 24 and 25. The Council members accepted her offer with thanks. 8. Consider updates to the "Arts and Recreation Calendar" brochure for 2004. The commissioners concurred the brochure had been a valuable resource last year, and Lin- Kinoshita volunteered to update the information in last year's brochure. The City Clerk said a volunteer was working with the public information officer to standardize all city brochures, and that person would incorporate the updated text into the new format. /~ d- January 27, 2004 Cupertino Fine Arts Commission Page 3 STAFF REPORTS 9. Fine Arts Commission composition changed to 5 members The City Clerk said that Council had done the first reading of ordinance No. 1934 which reduced the number of Fine Arts Commissioners from 7 to 5. She said that Council appreciated the commission's agreement with this proposal, that it would then be comparable in size to the other city commissions, and it was the first opportunity that had occurred in which the size could be reduced without removing a seated commissioner. 10. Update on status of City budget The City Clerk reviewed the draft City Council minutes of January 9, 2004, which included a review of the city's budget. She said that all departments had been asked to reduce spending, and therefore she would not be submitting any additional funding requests in the Fine Arts Commission's budget for 2004-2005. II. Committee Roster (information item) The commissioners reviewed the roster and pointed out some committees that were no longer active and could be removed. NEWS ARTICLES 12. Media coverage 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 city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. I~ 3 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order Project Goal Status Comments I \~ \.X.) Page I of 14 1. Library alld Civic Cellter >- Open in October 2004 Under construction on schedule. >- Incorporate coffee shop in the Library >- Provide timelines and options on purchasing FF&E for Library >- Automated Checkout Machines Four automated checkout machines The Cupertino Library has the highest self- have been installed. checkout usage in the SCC system, representing 24% of check-out, or 412,000 items per year. 2. Trails Plall >- Stevens Creek Corridor Plan The Stevens Creek trail is a single On Sept. 15 the City Council directed staffto component oftbeStevens Creek continue to work on the corridor plan including: Corridor Plan. On 9/15/03 the . Year-round use Council directed that the trail . Incorporating a multi-use trail through the corridor should be . Working with the Cupertino Historical multi-use. Society on the Center for Living History . Reducing the size ofthe picnic grounds . Changing the fee collection system Staff is working on completing the master plan and seeking funding to implement it. This is an ongoing project. >- Construct San Tomas/Saratoga Creek Trail The trail is open. Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal I Status Comments I 3. Parks >- Stevens Creek Corridor Park . Complete the Stevens Creek Corridor Master Staff has received proposals from Staff anticipates bringing the contract for Plan consultants to complete the master consultant services forward by July, '04. plan, however, some of the work needed to complete the master plan is also work that may potentially be performed by the Water District as part of the restoration program. We are trying to avoid duplication of effort so completion of the master plan is temporarily on hold pending a written proposal from the Water District, on the portion of the work they will do. . Complete the environmental review for the See Master Plan schedule above. The environmental review of proposed park and Stevens Creek Corridor Master Plan including The environmental review will restoration improvements will need to be a review of alternative trail aligrunents commence after July 1. coordinated. It would not be desirable to "piecemeal" this project under CQEA. . Support the Cupertino Historical Society in its The Cupertino Historical Society has The board of the Cupertino Historical Society efforts to create a Center for Living History asked that the Council agree to a has raised the seed money to contract with a long-term lease of the Stocklmeir capital campaign consultant, and will begin to property and the historic barn and work on the campaign as soon as they get the go blacksmith shop at McClellan ahead from Council Ranch, if within 5 years of commencement of their capital campaign, they raise sufficient money for restoration. Page 2 of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal Status I Comments I . Work with the Santa Clara Valley Water Water District Staff have been City and Water District staff will be working on District on a partnership to complete the evaluating the riparian corridor an agreement for review by the board and the riparian planning and restoration for Stevens (soils testing and biological Council, so that the necessary analysis and Creek Corridor Park evaluation) in order to determine the environmental review can commence. appropriate limits of riparian restoration. Water District staff a re also working on a proposal to fund this project within their fiscal year 2004/05 budget. . Apply for grant funding Staff submitted the first grant Staff will be bringing grant opportunities application for this project January forward for Council consideration on an ongoing 15,2004. basis, as the planning continues. . Renew the Blue Pheasant lease The Attorney's office has prepared a The lessee has indicated a desire to make tenant lease for the operator's improvements should the new lease be executed; consideration. The current lease staff is trying to coordinate the timing of work so expires March 31, 2004. As part of that re-roofing can occur within the same the proposed lease, staff is asking window of closure. for a window of time in which repairs and improvements can be made. >- Rancho Rinconada Park The San Jose Water Company parcel The first step in the process is to realign the city . Commence work on a park for the Rancho along Lawrence Expressway has boundaries so that the park is within the City of Rinconada area been identified as a potential park Cupertino. Once this has occurred, the next steps site. will be to: . Do community outreach to determine what the park should be . budget for said project, and . begin to pursue funding ~ CXJ Page3 ofl4 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal Status Comments I >- Neighborhood Park in the Homestead area This area was identified during the Planning staff is working with potential General Plan process as an area developers of the Villa Serra project to provide a deficient in neighborhood parks. neighborhood park in this area. >- Valko Neighborhood Park This area was identified during the A neighborhood park will be the subject of General Plan process as an area negotiations between the City and developers as deficient in neighborhood parks. the redevelopment plan for Vallco moves forward. Page 4 of 14 Cupertino Council Goals - update Februmy 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal I Status I Comments I 4. Youth Issues >- Skateboard Park The Sk8mobile is on use 4 days/wk; >- A SkSfest was held on Oct. II at . Identity location and funding during the school year; it operated 6 Creekside Park - 55 youths attended days/wk throughout the summer. >- Marketing for the SkSmobile included: . Distributing 8,000 flyers to 3rd thru Sth grades . Using the website . Posting flyers at all Cupertino schools >- Monthly SkS schedules are ¡nailed to 200 registered skaters >- Teen Commission The selection process was revised The Teen Commission was involved in selecting and Teen Commissioners have been the furnishings & equipment for the Teen Center appointed. and will actively market it. Website launched on 2/5/02. >- Teen Center The Teen Center is on the bottom floor of the Sports Center. >- Tomorrows Leaders Today 2003/04 class in progress >- Teen Academy 2003/04 class in progress >- Kaleidoscope 2003/04 class - Spring 2004 ~ -"') Page 5 ofl4 Cupertino Council Goals - update February 9,2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal Status Comments 5. Pursue "DOWlltOWIl" Opportullities >- Develop a Streetscape plan for the Crossroads City Council authorized the 81% of May 3, 2002, Community Congress block of Stevens Creek Boulevard from De Anza amendments to the Heart of the City respondents agreed with developing a downtown Boulevard to Stelling Road. plan on January 22,2002. village in Cupertino and 75% of the June 2002 Community Survey respondents supported creating a downtown in the Crossroads area. The Crossroads Streetscape plan went to the Planning Commission in The General Plan Task Force is scheduled to Fall 2002, and was continued to present their recommendation in Winter/Spring enable the General Plan Task Force 2004. to consider height and setback recommendations. >- Work with the Town Center developer to plan a The City council approved the Phase One of the Town Center plan began mixed used walkable plan master plan in May 2003. construction in December 2003. 6. Street Safety - Walkable Commullity City Center Pedestrian Plan draft The following projects incorporate walk-ability >- Ensure that "walkable city" concept is present in went to the City Council on October components. all City development/redevelopment projects 6,2003. . Orion Lane-creek trail segments . Rodrigues Avenue - creek trail segments On Sept. 15,2003, the City Council . Astoria on Imperial Avenue included a authorized the Ped/bike Commission Bubb to Imperial trail to study Regnart Creek Trail . City Center - public access segments from Blaney Avenue to . Tra Vigne - public access Pacifica Avenue. . Saron Gardens - public access . Town Center - public access . Oaks Shopping Center - public access . Menlo Equities Page 6 of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal I Status I Comments I 7. Buildiltg Collllllultity/Ullity >- Continue to offer opportunities and programs to City support for 5Cs programs and Diverse programming is ongoing. address the needs of our diverse community ethnic festivals is ongoing. . Cultural calendar will be distributed Neighborhood block leader program to block leaders and included on the now supports 64 leaders. City website. Next new block leader training is Feb. 21 >- Continue international film and music series >- Continue to identify translation needs in our community >- Hold public forums in other languages for major Library meeting held on 2/7/02. capital improvement projects >- Evaluate methods for communicating Senior Center Newsletter is printed City staff is providing translation and (electronically and in writing) to non-English in English & Mandarin. interpretation services for publications and speaking population regarding crime prevention, Emergency Preparedness resident service requests. emergency preparedness and civic activities instructions are printed in multiple languages. >- Implement a bi-lingual pay program Adopted by CEA, non-represented; and OE3. >- Assist ad-hoc committee with first annual New Year Festival and Parade (02/03) >- Enhance interaction between 5Cs and the Chamber of Commerce Asian American Business Council >- Pro actively educate the public on controversial topics such as the 4th of July Fireworks >- Reconsider the scope ofthe 2004 July 4th celebration ~ Page 7 of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal Status I Comments I 8. Economic Developmellt >- Encourage, retain and support healthy environment City Council has approved the The General Plan update will consider policies for retail growth following projects expanding the encouraging active commercial uses such as City's retail space by approximately bookstores, coffee shops and restaurants. 80,000 square feet: Verona (City Center) Re-tenanting of existing commercial buildings: Tra Vigne . Wherehouse building Marketplace 0 Panda Express BJ's Restaurant & Brewery 0 T-Mobile Pasadena Mixed Use 0 Starbucks Library Coffee Shop . Carrows building Town Center 0 Flames Restaurant Menlo Equities . McWorters/Young tenant space in the Crossroads Shopping Center 0 Oakville Grocers Vallco was purchased in June 2003 The new owners are attempting to re-tenant the >- V ALLCO Fashion Park ("Plaza Cupertino") and the new owners are seeking lower level, add theaters and are evaluating long- Redevelopment permits to construct tenant range redevelopment plans. improvements for a 1,300-seat banquet style restaurant. >- Add revenue enhancement incentive policy Major projects include an economic HP has relocated several sales offices to its component of review for new development assessment of potential revenue Cupertino location. generation possibilities Borland Software moved a significant Silicon valley office into the City Center. >- Evaluate transit/transportation implications of The General Plan Circulation economic development strategy Element will evaluate transportation implications of new development. Page 8 of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2,2004 Update - Items are not in priority order I Project Goal I Status I Comments I 9. Gelleral Plall >- The Administrative Draft of the >- General Plan Update Staff held General Plan orientation meetings General Plan was completed and with PC, P&R, BP AC, Housing Committee, the distributed for public review in business community and held a general the beginning ofJanuary 2003. community meeting. >- CC/PC study sessions held in May 3, 2002, Community Congress focused on February and March 2003. >- Appointed 74 member GP Task the General Plan update. Force >- GP Task Force met from June- October 2003 >- Task Force recommendations will be presented to City Council in the winter/spring of 2004 10. Public Safety >- Review traffic safety issues Monta Vista Safe Routes Project Cupertino High School grant for $405,000 . Safe routes to school program (Monta Vista completed 11/01 approved. Design Fall '03 for completion in 9/01 and Cupertino High Schools 11/03) Spring '04. Garden Gate grant for $185,000. Pending approval by Caltrans. . Review traffic safety for pedestrians Completed Final Pedestrian Transportation Guidelines to BPAC and Council 3/02 >- Continue emphasis on Neighborhood Watch 56 active Watch Groups which represent 165 residential streets. Held 55 Neighborhood Watch meetings. 24 meetings were new groups to the program and 31 of them supported existing groups or revitalized inactive groups. ~ \yS Page 9 of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal I Status Comments >- Establish an eCap Merchant Watch Program Provide an alert email system for businesses in the City, similar to the Neighborhood eCap Program. >- Red Light Education To be considered by Public Safety San Jose "Street Smarts" program to be Commission in March-April considered by Bicycle Pedestrian Commission March-April >- Continue emphasis on Emergency Response (ER) and Preparedness . Continue expanding of the CERT program . Increased from 4 to 5 CERT classes/yr. Total of500 residents trained in CERT. . Conducted five first aid and five CPR classes Total of200 citizens trained. . Implemented a Disaster Council/Citizen Corps Council Enables community members to participate in Organized two new emergency planning. . neighborhood CERT teams. Total of 10 neighborhoods trained. . Hold a Mandarin CERT information class to . Scheduled for Spring 2004 assess interest in a Mandarin CERT class . Developed a model ER . Develop High School ER Training program with Monta Vista High School students . Updated Emergency Plan 12/02 . Ensure ER Training for City staff . Mandated SEMS training; First Aid and CPR to staff . Conducts on-going EOC drills Page 10 ofl4 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update -Items are not in priority order I Project Goal I Status I Comments I . Offer ER skills to 6th to 12th grade . Offer Kaleidoscope Program 3 Total of 150 students trained to date. times/year . Develop City Evacuation Plan . Project begins early 2003 . Ensure ER Training for business/schools . Meet monthly with local business/school emergency planners and District officials . Expand Volunteer Program Ongoing expansion of volunteer programs with Leadership Cupertino, TLT, CERT and Neighborhood Watch. Sheriffs volunteer program in Cupertino has begun. Five volunteers work on the Neighborhood Watch program exclusively. E-mail system to Neighborhood Watch participants was activated and to date we have 1200 e-mail alert subscribers. ~ ""ð Page II of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal I Status Comments I II. Affordable Housillg ~ Provide housing opportunities for Cupertino The 2001 Housing Element The Santa Clara County Housing Trust Home workers increased the BMR requirement Ownership Assistance Program is applicable to from 10% to 15%, and identified Cupertino teachers and other public service sites for an additional housing units. workers. >- Review Below Market Rate Program criteria BMR manual was updated in November 2002. >- Teacher housing assistance programs City Council appropriated $220,000 City has contracted with Neighborhood Housing . Develop teacher housing assistance program for a down payment assistance Services of Silicon Valley to implement the (9/02) program for teachers in May 2003. teacher outreach program in December 2003. ~ CCS Affordable Housing Project CCS 24 unit affordable housing units and offices were completed in January 2003 12. AlIl1exatiol1 Monta Vista annexation process will In July '02 staff began the process of ~ Monta Vista . Annex pockets using island annexation be evaluated in Winter/Spring 2004. coordinating with Santa Clara County, preparing procedures (6/02) maps and identifying issues that need to be addressed in the "Annexation Answer Book." On January 5, 2004, the Council set February 2, 2004 as the protest hearing date. ~ Creston Lot by lot Creston annexations are . Annex individual contiguous parcels when on-going when major redevelopment redevelopment occurs of a home is proposed. ~ Pursue annexation of the land under the San Toma/Saratoga Creek Trail Page 12 of 14 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal I Status Comments I 13. Sports Cellter Buildillg Strategy Under construction. >- Complete ADA requirements and various other Reopening scheduled for Feb. '04. Opening January 10, 2004. modifications and upgrades 14. City Cellter Park alld Illtersectioll "Gateway" Under construction. Completion scheduled for April '04. 15. School Partnerships The Teacher Down Payment >- Pursue partner opportunities with the three school Assistance program has been districts including: approved. . Pool The School Districts do not want to . Gym pursue a Senior/Teacher Matching . Traffic and parking program. . Teacher housing The Public Safety Commission is working on improving traffic in the tri-schools neighborhood. The Safe Routes to Schools projects have proceeded with excellent cooperation between the City and Monta Vista, Cupertino and Garden Gate. When completed, we use the Cupertino field house as available. De Anza/City recycling prograrn - ~ ~ Page 13 ofl4 Cupertino Council Goals - update February 9, 2004 City Council Goals 2004 February 2, 2004 Update - Items are not in priority order I Project Goal Status I Comments the City gives De Anza used computers and De Anza refurbishes them. . School Resource Officers Added second SRO in FY 2003/04 . Youth Probation Officer Updated contract in FY 2003/04 16. Sellior Issues >- Explore Senior Commission Resolution establishing the Senior Commission approved. Interviews in January 17. Illternal Improvemellts >- Implement Access Cupertino to enhance customer Completed service response times >- Implement e-mail response policy for Mayor and Completed Councilmembers >- Notify Council of major events/activities including Master calendar completed block parties >- Add time component to video streaming Completed >- Consider consolidating CDBG and Human Service funding processes >- Perform an audit on the CCS housing allocation Contract with Maze & Associates process approved. Audit performed in March '04 Page 14 of 14 Cupertino Council Goals - update February 9, 2004 "Distinguished Artist" Sought The Cupertino Fine Arts Commission is accepting nominations for its annual Distinguished Artist Award. Applications are available from the city clerk's office, 10300 Torre Ave., Cupertino, 95014, or by calling (408) 777-3217. Deadline for returning nominations to the clerk's office is Monday, May 17. The award, which will be presented in the fall, is given to an artist who lives or practices his or her art in the Cupertino area. Both performing and visual artists will be considered. Among artists who have received the award are sculptor Salvatore Pecoraro, musician Nile Norton, printmaker Glen Rogers Perrotto, dancers Mythili Kumar and Janet Shaw, artist Sandra Beard, ikebana flower-arranging artist Fusako Seiga Hoyrup, artist/sculptor Brother Joseph Aspell, S.M., artist/calligrapher Sara Loesch Frank, pianist Makiko Ooka, singer/composer Robert L. Harrison, ceramic artist Mahoko Dahte, and photographer/artist Constance Guidotti. More information about the Distinguished Artist Award is available from the city clerk's office, (408) 777-3217, kimberlvs(å)cupertino.org or by visiting the City of Cupertino website at www.cupertino.org and following the links to City Government, Commissions, Fine Arts Commission. :Yld- e.._,.h'V~ (/:>"5,/0<1 NEWS. .............-..-......-.......--.-.........-...........-..... .....-.-..-.....-..-..-.-.--.----..-.-.--.-.-.-.-..--..--....-.-.-. It's olympics time - again, but this one is for the arts Each spring, the Olympiad of the Arts recognizes the creative and per- forming talents of college and high school students in Santa Clara County. The competition is open to communi- ty college, lower.division four-year col. lege and high school students who are residents of Santa Clara County. Students compete in acting, dance choreography, vocal and piano perfor- mance, photography, poetry and short. story writing, and for high school stu. dents, visual arts categories. Winners in each category receive awards in a West Valley College cere- mony on May 2, in conjunction with the annual Saratoga Rotary Art Show. The Olympiad was begun in 1928 by u.S. Senator James Phelan of Montalvo and Dr. Henry Meade Bland, a Professor of English at San José State College. Envisioning Santa Clara Valley as the "Athens of the West," the contest was held every four years at Villa Montalvo Center for the Arts to coincide with the Olympic Games. The competition be- came an annual event in 1984. For rules and guidelines and more information about the Olympiad of the Art>; call the West Valley/Mission Colleges Foundation at 408.741.2066. .._- ------- --.---. :žjfljO,-/ NEWS --..-.--...-.-...-......-.--..-.......-...---...-.-..... .....-.-.-.-.-.-.-...-.....-.-...---..-..-....-.-.-..-..---...-..---.-...---..-.--...-..---.--.-.--.-..--.--- Chinese ArtC~J1ter at ValIcû"'.fô.- hold.-~Iåsšes Cupertino residents will soon be able to go to Valko Fashion Park to learn about and appreciate all forms of Chinese art. In April, the Chinese Performing Artists of America will open an art cen- ter on the second floor of Valko that will have four major departments: music, dance, visual arts and drama. It will offer classes in music composition, chamber music, chorus, konghou (Chinese harp). Peking opera and oth- ers. The curriculum is designed to be comparable to that of professional con. servatories and academies. On Feb. 21, a fundraising perfonnance called "Chinese New Year Celebration- Year of Monkey" will benefit the art cen. ter. The show starts at 4 p.m. at the San Jose Civic Auditorium, 145 W. San Carlos Street. Other program highlights include an acrobatic lion dance on 8.foot poles, a collection of China's ethnic folk dances and a classical dance series. A children's painting exhibition from the center will be showcased in the front lobby of the auditorium. The art center hours will be from 10 a.m. to 9 p.m. daily except holidays. Reiired residents and homemakers will be able to sign up as club members to participate in painting, music. apprecia- tion, exercise and other cultural activities between 10 a.m. and 3 p.m. on weekdays. And between 3 and 9 p.m. those who are interested can take various art class- es under the direction of professional art instructors. The 6,500-square-foot center will house three multifunctional auditori. ums and 10 small. to medium-size rehearsal rooms. There will also be a store that sells painting supplies, dance shoes and costumes, music instruments and other art goods. The center will hold art exhibitions of paintings and sculptures,. chamber music concerts and recitals, and dance perfonnances as well as dramas and Chinese opera shows. In fact, the entrance is designed to be an art gallery displaying painting exhibits. For more information, visit www.ChinesePerformingArts.Org or call 408.973.8276 or 408.996.1323. 13-( PhOlO""ph by ""Ioeline R"",ey" Writer and retired Foothill College teacher Jack Hasling just released his second novel, 'Welcome to the Dunes: Hasling photographed the cover art for his books. Author sets scene of new book at writers conference By ALLISON ROST Jack Hasting's writing career has evolved over the course of his life from time spent in post-occupation Jap";' to a teaching posll1on at Foothill College. He's now releasing his second novel, which addresses the Iran-Contra debacle of 1984 from the unlikely setting of a mur- derous, beach-bound writer's conference. Welcome to the Dunes was released earlier this month, and Hasting is cele- bratmg the occasion by doing what he loves best-reading aloud from his works. On Jan. 22, he gave a book talk hosted by Main Street Cafe and Books in Los Altos, and he's speaking to the Cupertino Book Club on Feb. 6. At 75, Hasling has had time to gather notes and perfect his technique. He wrote for his high school paper, and found hunself pursuing his interest in journalism in an unlikely location: Sendai, Japan, where he served as a paratrooper with the US. Army's 11th Airborne Division after World War II. There, he edited his post's newspaper, and after returnIng to the Bay Area two years later, enrolled at UC-Berkeley. "I tried writing a book," he says, "but I spe~t more time partying than study- mg. After two years, Hasting dropped out and became a disc jockey in Ukiah. He eventually graduated from California State University, Sacramento, WIth a master's degree in oral communi- cations. "I decided that I wanted to t~ach," he says, "and in 1966, they were hirmg a lot for community colleges. It was my window of opportunity." Hasting's family moved to Cupertino so he could teach speech communica- tion at Foothill College, where he remained until retirement 25 years later. While there, he got what he calls his bl.g break: A textbook on public speakmg picked up by McGraw-Hill. "I'm now working on the seventh edi- tion," he says. "I told them that I haven't taught in seven years, but they still wanted me to update the book. I'm encouraged by that." He didn't try fiction again until his daughter served as his cheerleader. When she was eight years old, he would tell tall tales as they took walks in the Sierra Nevada, but he was never able to remem- ber their endings. She could, so Hasting spun those stories into a volume of chil- dren's poetry called The Little Rock and Other Stories. He still visits third- and fourth-grade classes to read from the book. "I'm a strong proponent of reading to kids," he says. "My own children have told me how helpful it was to them." Several years later, Hasting finally put together his long-sought novel in the fonD of Hillview, which drew upon his expenencesWIth the anti-Vietnam War culture at Foothill. He also incorporated historical fact into his new book. "It's easy reading, but I want my books to have some significance," he says. Hasting enjoys speaking about his fiction in bookstores, but finds it .diffi- cult to schedule book talks because of the small size of his publisher, keni Books ofThcson. Main Street Cafe and Books in Los Altos did agree to a read- ing, but the whole experience has made Hasling long for the days that Cupertino had its own bookstore. "There's just something about small bookstores-you can sit and sip coffee, there's artwork on the walls and it's just a place where people who like books assemble," he says. He continues to write, meeting with the South Bay branch of the California Writers Oub and contemplating tbings like agents and book tours. Maybe some- day, but for now, he's content to visit area schools and bookstores, reading to an ever-growing group of fans. "I don't mea- sure success in tenDS of sales; I measure it in tenDS of feedback," he says. Jack Hasting will speak at the Cupertino Senior Center on Feb. 6 at 1:15 p.m. 15'ê l'\JtW) ------------------------------------------------------- ---------------------------------------------- _____n_----------------- Thi, wat" ba,;n i, a ",ation by ","mi" a,-ri" Ba,ba,a Brown- Brown', ,or' th, black ,10" ,h, um I"'fruit andflow", ,ing- Guilded Group local potters help each other. learn the craft "om '0 wotk witb it. no matt" 'h,¡' ag' at pmf,~ional""u,.,liDplylovoit =d <YOn b"om' add""d m a ,nop. H", in Cup,rtino, ",,' pottmg fOY" h~ boon ,ptoxdmg. In foot. ,,"bli,h,d pott" Abby O"Co=,U didn" know wb" ,b, w~ "ppmg mto whon ,h, hold a "ri" of dinn" m"tin" m F,bm"" of 2000- Sb, ond,d up ""ting a voritabl, n"- "ivo "yolution in tro. "'ox- O'Co=,U 'liDply bmught a f,w po'- ,on 'og"h" inb" ham, '0 dioc= th, idox nf , "tami" guild tbat would nol- labo"t' with a city-run "udio =d kiln. A ,liDil", mod,1 in Walnut C",k bad impUc,d O'Co='U. and ,h, w="d to put th, idea to wo,k in b" hom"own. Whil, th, city of Sunnyval, d"tin,d to participa".,h, nb"'g,d ,"",d.,nd in January of 2001. tb, O"b",d Vall'y Cmmin Art, Guild b,ld I" kickoff -mooting. Sin" tb,., th, guild b~ noun"d 181 m,mb", in th", y"'" By ALLISON ROST Th'" i, ,om"bing about day 'hat noP""" th, liDagination. "'"'- "nt, th, nhildhnod m,n"lily. bol- "on th, mativo ,p¡,it- And thn" whn 18= _GUJ'ER"l'lI)IQ COUIWJIi- JANUARY ,,-'lex¡.; and attain,d nonpmfit ""u. What bnld, th,m aU tog,th" " rioh. ,tinky, .Jimy, goo,y day th" = b, mold,d into j"'t about =y ,hap' 0' ,Izo and gl~,d witb ,ndl", futi,h,. but thoc<" much to I""'. ,nd th", '" mm, m th, ""a who'vo got th, ,kil¡' =d oxp,ri'n" to ,b"". ..Arti"" oood ,upport to '" ,u=". tol. ,nd tb, b"t ,upport nom" ftom otb" arti,":' O'Co=,U ..y. In fAct. two t",h,~ in the =, = mt=tional!y kno= po""~ wbo ",b found th," own way into th, om and wbo = paMing th," knowl,d", on to anyon, who~"'tol,am-Andth,",_n"'= making th,. 0= m",k in th, '" wn.dd. "'owing th" whilo onci,nt œmmln pi'", fil1no""al ro."'" m"""""" amnod th, wn.rld.th"P;ntofth"""'to~""= to h,vo gathmd in th,South Bay are~ Barbara Brown R"ld,n" in Sunnyval", Lak,wood ;3-3 ","""""", Aft" "moving ha floming ,aku wamic pim from a kiln that "ach" a t,mpi,a,"" of 1.850 d'8"'" Mau'o Gimcca cov", th, pim with a "ash can '0 th, oxyg,n i, "o~,d out and th, glas, "". ViI!.ge neighbn,bood migbt not know tbey bave an intemationaily "nowned ",.mic arti" in theu mid". but they migbt bave ~ idea of wh", ,he ilv.. B",ba,. Bwwn', '61], modem ,.ncb bou"""'" Mju"ane of her galleri.. Bwwn hM exhibited in a"nM fwm the Pu,hkin Mu",= in Mo"ow to the Wayne Center fo, the Art, in Wo",te.. Ohio. M",' ""nlly. ,he h" "uck to the Bay "'ea with ,ho~ at the Gallery Ho= in Palo Alto. But oven hco tempo."" ,howing, can't compete with her home. Her &ont ,toop and backy",d ,howc"e an exten. ,i" "ulptu" g",den. The wall, ~d ,~"" in,ide ",e filled with pice" ,he', coilceted frotu all 0"" the wodd. "acked on ,helm like the "o,.ge 'pa" of a m=um. "'You have to fiod ,omethiog that mak" you. hea" happy."' ,he "y< That', exactly what ,he did in 1%1. She =d a neigbboo 'pilt baby,irting dutica but theu h",band, would ocea- ,ionally watch the child"n while the two took "t cl",ca One in"meto, ,ug- g"ted that B,o~ try clay. and ,he w", binen by the po<lery bug and h"",'t looked back. "'" tak" you over. =d that', a oo=on thing with ponco," ,he "y< 'Td do it foo nothing," Luckily. ,he doe,.'t ha" to. She h" her o~ backy"d ,tudio. complete with a low-fue kiln. thank> to her h",band. Ch"ile. "He pomed the con~ete =d bougbt the whocl. Next time. he'll many a jeweler. There'iI be le~ to can-y:' ,he "y' with a laugb. Th", ,he ~afu plat" that run $50-<i0 =d wall tiI" that go fo, $395. The income &om the" p,ovid" a ni" "condaryinc=e in her hu,band', "tirement. ChMlie', "",ihon M a mechanic with United Airlin" - !"ovided Bw~ with one of the mooe exotic ",!,eet' of her =eer--the ability to fly =ywhe" foB ¡'oc,Thia allowed her to become a ponery =b"""OO, =ond the wodi!. Her ""t intewahonw cxperien" WM at the Wodd Qaft Coole"n" in Japan in 1978. The cool",n" jump-"",,ed a whole phMe of globe hopping. In 1982. Bw~ oogan¡Zed a ponm' tou, to China. =d overy few ye",," hea'" to ,imil",ly f"- flun8 plac" like Thailand and Gnatemwa with gwup' of her pocß Bw~ "n,",ed to U,bek"tan in 1989. and later entertained a delegation of R""ian pO<lm who v"ited Dc Attta College. where ,he teach.. The intematio,,1 cmmi", co=uni- ty hM woo come to her via ooof",nc" held in the Bay "'ea. Meeting pOnCB &om various back- gwond, h" affected Bw~', o~ wo,k. which" chancterized by onadomed. ,lock plat" and VM" dooe in po",elain ~d ,late. "My me~age " that we all nocd a moment of tt~quili- ty:',he "'I"- "The black Ie" the fttrit and the flowe" ""~.. A tip &om Briwh pot- te. Colin PeCBOn. who B,o~ooont", one of her favorite """'- hMled her to try adding ,ho" of gold to her plate< B.- p,ovid" ,imil'" enoo~age- "'O,"...,.."""~",.R=.,,, C"ami" in,"uClO' L;nda Ham,n Mau (,;ghl) and """ent Mau," Gi,acca (left) lift up the m,," >an com while Ging" fee "mo"" h" fi"d piem. ment foB he' o~ ,tuden"- She teach" "nio~ thoougb S=yvale', C"ative Art Cente' =d Dc Anza College. "I get higb on teaching:' ,he "y' She hM- poovided advice to fellow membe" in theO._dValleyguild~ttheNov,l1 gen"aI meeting. ,he demon""ted ,uch potting material, " drotm ~d ,lip', LInda Mall Fellow guild membe< and potter Linda Mau ,ha,,' Boo~', enth",i"m ¡o.teaching, "rve been teaching ov,,20 yea,,- and I get '0 mnch mo" encou.- agement and ide.. foB my o~ wo,k when J'm teaching than during the ,um- mer:' ,he "'I"- Mau, a Samtoga ",i- dent. teach" hand-building ~d wheel- thoowing d",," at De A=a College. D"pite a b.ck..o=d that involve< exhibi" all over the Bay "'ea. Mau iMi," upon original wook &om her'tu- den" that tap' into them"lve< "They w~t me to tell them what to do:' ,he "I"- "J don't w~t done<" Every qu",. ter.,heho'" a potl~k fo, her ,tudeo" at her home. wh", m=y of them 'co hco wo.. in pCBon fo, the ""t time, "1 nem fiMh ~y of my o~ wo,. in d",,"',he "I"- Afte< teaching pottery cl""" in v,,- io", venue, includIng Sunnyvale', P~b aod Recreation Deparunent and We"Vatley College.Mau oow fin'" he. teaching home at DeAttta. "A lot of art teache" don't tell you how to do any. thing becau", they'" fo,,",ed on the a,,"try:' ,he cay< "1 tend to focu' on the p.om' ~d developing technique and cocalivity. You cao't play j= until you know the ,cale<" Mau attended UC-Berkeley .. ao ;¡'~g\',:~e~~~om::~ ~~~ ~:!o:nwi~~ ,tudio in a d"".~m building b..e- ment whe<e ,he would watch a""" wook. One time. ,he got mme day ~d tried it on a pottery wheel. ,imply imi- tating another a""t in the ,tudio at the time. "I would go there wheo the .ead- ing became too much:' ,be "I"- After ,ethinking be< teaching C""", Mau "turned to ..aduate ,chool fo, = "" de..ee. She beg~ te"hing in ""e- atioucentc"~d,,,t"ving.. ana""t-in- ",idence "vml place< including the San Jœe Unified Schoo' D"trict. Th"e daY' Mau can be fouod in Dc An"', A quad every Th"day and Thu"day morning. giving a cl..,-open- ing demomlration befo" letting her "uden" 100"', Oddly enough. Mau do"n't alway' p"ctice what ,he p.caehe< "PCBooally. I don't do much wheel wo":' ,he "I"- But ,he i, intimately famill.. with the variou, """hing teelmiqu" that give each piece of pottery i" unique pe"on- ality. The back wall in the ,tudio where ,he teacb" i, covered in ..mple pottery piece< Each type of day" ,hown with each type of gl",e ~d how each . affected by varioUS tempmtu", oxi- dizatiom and cooling techinquca Every quart". Mau ""i""" the b"¡", to be completed by the time fin,,", ,011 =ond,Student""e""p""'iblefo,=- ating a plate (which they = at the teno- coding poduck). a covered container and a d""d v=el. Mau ,,",0 laY' forth a ~e- alive cballenge. In the fall qu""er. it WM a ",amic picee that ovok" either "mh 0' fowL" "It ge" that whole child-like. mud pic-it" thing goin~",he "I"- The Sludeøts On a windy Theroay morning. the membe" of Mau', fall'qu""er wheel- tmowing d"" gather together fOB their final d"" period,A ,how ~d tell.Mau ..ked "udeo" to d"play their fou, a"igned pice" M well .. the ""t piece they made. She', oot ,u",ri",d thot m"" oonveniendy fo'got to bring aloog that potential emb=..,ment. "Thcoe a" people who a" '0 'u" that they'" not going to do it rigbt:' ,he cal"- "But with day. if you don't like it. you 'qin,h it up and do it again. It., "ry &ceing." But ,till." tbe cl""mak" i" roond, to everyone', table. ,ome fcel the oced to explain mi""'" "You never apolo- gize:' Mau de~ecc. "You wway' "y it w.. whot you intended to do," She "y, that generally about 25 pco"nt of he< ,tuden" ~e "tuw DeAttta 'tuden" of college age. The ."t ",e p,ofe"ional women &om other ooontri" who c~'t wook in the Us. 00 "liIce, and ho",e- JANUARY2], 2004 THE CtlPERTINOiCOUIUER.1f - "'Ud. pag' 12 13~ LJ EXHIBITS BEGIN HERE D"tnbcded Flte .J./;;tf/o'f MA VOR'S BREAKFAST January 17,2004 Janet Mohr Fine Arts Comm. Feb. 24,2004 Sandra James - Mayor COMMISSION REPORTS 1. Bicvcle and Pedestrian Commission I. They are trying to promote bicycling rather than driving to school 2. Working on trail trom Mountain View to Blackberry Farm 3. Mary Avenue bridge is still in the works II. Telecommunications Commission I. Working on Antetma Master Plan need 2-3 towers for city new ideas: little boxes instead of towers there are many dead areas for cell phones ex. Bubb Road 2. Cupertino is advanced in e-government there are new uses for using the web in government 3. KMTV - Cupertino Community TV works in Mountain View TV studio Number of community TV producers went from 20 to 3 there is a new government frequency there will be a survey in the SCENE - but don't have enough time on TV or producers to make shows 4. Need to expand number of members on commission to comply with Brown Act III. Public Safetv Commission I. There are concerns about pedestrian safety around Monte Vista HS & elementary school and in front of Kennedy Jr. High School Parents stop in the middle of the street or in bike lane to wait for children... ..it's unsafe for traffic and bicycling students Suggestions: have some Bicycling commissioners sit in on the meetings of Public Safety offer incentives to students to walk to school parents could take turns walking groups of chidren to school 2. Working on Emergency Preparedness 3. There are 2 new members on the commission dJ?- VII. Senior Commission Page 3. 1. A new commission.. ..tell other seniors.. ...need eemmissiGR !Rpm9"r~ . Needed: a cross walk across Stelling to get to Quinlan Center 2. This commission involves activities and issues for all the seniors in the city issues such as senior abuse, possible partnership with other age groups, ex. teens 3. Commission founded by Patrick Kwok REPORT BY MAYOR SANDRA JAMES 1. General Plan Task Force 2. Oaks Development Developers want: to submit a new plan, want a continuance, want the ability to come back to the council Statistics under discussion: density, height, growth, # of units, ( cf 3 seasons development) very little objection from commercial people inside the Oaks center there is very little area left in Cupertino to develop: Vallco and HP area A Dossibilitv: theaters and a bookstore at Vallco NOTE: Cupertino hasn't done or approved any development in the last 3 years ~ome i!roups are spreading fear about development: scarv messa!les about !lrc>wth Hassle has become too !lreat for retail develoDers to come 10 cnv or 10 Slav III cnv Truth is: citv needs the monev from commercial develoDment to fund other nroŒrams ana services: if we ioose 33% in saies taxes. citv has 10 lIlOO sel v Ices. . .. U!lll\'dll!l v 'll"'Ui" UTV ana ousmcss Deoole need to do more to exolain situation and Drocess to residem~. ,,~~~ w PC more aggressive in informim! neonle about tbe consecmences ofjp,,/no commerc;?' Thp r;". rA~I"cil is workini! on getting out the word 3. For Example: ABAG (Assn. of Bay Area Governments) gives money to cities but if city doesn't build enough affordable housing, city doesn't get funds. Cupertino is okay. ;) 'J in \:) t1fe J FA.c.- :¿/ ~t.f /6¥ Kimberly Smith From: Diana Argabrite [argabritediana@fhda.edu] Sent: Tuesday, February 24, 2004 9:50 AM To: Kimberly Smith Subject: Re: Tile Recognition Plaque Notes Hi Kimberly, Here is a copy of my plaque notes - the words are at the bottom. Many Thanks, Diana 1/27/04 Diana Argabrite /Euphrat Museum of Art, De Anza College (408) 864-5464 argabritediana@fhda.edu Goal Create and install a recognition plaque for the Quinlan Pre,..School Yard Tile Frieze. Cost. Professional Installation by approved contractor. (? $150. - $300.) No other costs - I'll complete the plaque for free and donate the materials. Material Same type of clay and glazes we used with the 100+ existing tiles. Style: Stamped text with decorative bas-relief elements and/or border. Design could also incorporate a child's tile. Size: About 1211 x 1211 or slightly smaller. 2/24/2004 Placement. To be determined. Possible Timeline: February/March; Approval of text, design, and installation cost by Cupertino Fine Arts Commission members or representative member. April/May; Create plaque. Bisque and glaze firings. May/June; Install plaque. Possible Text. Friendship and Sharing, 2001 A project of the Arts & Schools Program of the Euphrat Museum of Art at De Anza College. Sponsored by the City of Cupertino I s Fine Arts Commission. Involved over one hundred Cupertino area children ages six to thirteen. Images represent aspects of friendship and sharing, from children playing games together to a mother bird sharing food with her offspring. 2/24/2004 D I , -J" b ll1ed f'ttc. "Il.~/()' MEMORANDUM To: Kim Smith, City Clerk From: Eileen Murray, Assistant City Attorney Date: February 24, 2004 Re: Public Art Program Guidelines I've reviewed the Public Art Program General Guidelines, in particular section 15 and section 16, per your request. Regarding section 15. Insurance: For works of art owned by the City, please check with ABAG for coverage. For works of art on loan or temporary exhibit first, check with ABAG to see if they cover such artwork. Secondly, since some artists may have their work insured, that paragraph should read: "Works of art that are on loan or temporary exhibit are insured as set forth in the contract with the artist or agent." Be sure the contract spells out the coverage with a full description of the piece. Also, coverage for the installation and removal of the piece should be included in the contract, since these are the times when the piece is at greatest risk of damage. Regarding section 16. Deaccessioning Works of Art: This section should read: "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. " I have attached Civil Code § 980 et seq. for your information. Section 986 "Sale of Fine Art" and Section 987 "Protection of Fine Art" are of particular interest when deaccessioning art pieces. When a work of art is sold, apparently the artist is due 5% of the proceeds. Subdivision (b) of this section delineates the exceptions to this rule. Section 987 "Protection of Fine Art" protects artwork from destruction or alteration. The legal rights of protection extend to the artist's heirs or beneficiaries for 50 years after the artist's death. This section is particularly important where a mural or some other piece of art becomes and integral part of a building or is installed in a public place in a manner that makes it difficult to remove. In my opinion, it is not necessary to include all of these sections in the Public Art Program General Guidelines, as long as they are referenced so that the Arts Commission and City staff are aware of them and understand the City's duty to abide by them. All parties who accept artwork on behalf of the City should be made aware of the long term legal responsibilities regarding the protection of artwork. Accepting pieces of art should not be done lightly. I have also attached a Suggested Form for a bill of sale for artwork. You may have your own form. This sample is to give you an idea of which items should be included on the form. If you have any questions, please call our office. WAIS Docum,"' Retrieval !'ago 1 CALIFORNIA CODES CIVIL CODE SECTION 980-989 -p ~ dLl-d- s " ç -1-fu. u-¡ v'\ot 980. (a) (1) The author of any original work of authorship that is not fixed in any tangible medium of expression has an exclusive ownership in the representation or expression thereof as against all persons except one who orginally and independently creates the same or similar work. A work shall be considered not fixed when it is not embodied in a tangible medium of expression or when its embodiment in a tangible medium of expression is not sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration, either directly or with the aid of a machine or device. (2) The author of an original work of authorship consisting of a sound recording initially fixed prior to February 15, 1972, has an exclusive ownership therein until February 15, 2047, as against all persons except one who independently makes or duplicates another sound recording that does not directly or indirectly recapture the actual sounds fixed in such prior sound recording, but consists entirely of an independent fixation of other sounds, even though such sounds imitate or simulate the sounds contained in the prior sound recording. (b) The inventor or proprietor of any invention or design, with or without delineation, or other graphical representation, has an exclusive ownership therein, and in the representation or expression thereof, which continues so long as the invention or design and the representations or expressions thereof made by him remain in his possession. 981. (a) Unless otherwise agreed, an original work of authorship not fixed in any tangible medium of expression and in the creation of which several persons are jointly concerned, is owned by them in equal proportion. (b) Unless otherwise agreed, an invention or design in the production of which several persons are jointly concerned is owned by them as follows: (1) If the invention or design is single, in equal proportions. (2) If it is not single, in proportion to the contribution of each. http;//mfo.sen.ca. gov/cgi-bin/waisgate?W AlSdocIIWi4876817966~& W AISaction~eve 10,59,0724/02/4 WAIS Docmnent Retrievat Page 2 982. (a) The owner of any rights in any original works of authorship not fixed in any tangible medium of expression may transfer the ownership therein. (b) The owner of any invention or design, or of any representation or expression thereof, may transfer his or her proprietary interest in it. (c) Notwithstanding any other provision in this section, whenever a work of fine art is transferred, whether by sale or on commission or otherwise, by or on behalf of the artist who created it, or that artist's heir, legatee, or personal representative, the right of reproduction thereof is reserved to such artist or such heir, legatee, or personal representative until it passes into the public domain by act or operation of law, unless that right is expressly transferred by a document in writing in which reference is made to the specific right of reproduction, signed by the owner of the rights conveyed or that person's duly authorized agent. If the transfer is pursuant to an employment relationship, the right of reproduction is transferred to the employer, unless it is expressly reserved in writing. If the transfer is pursuant to a legacy or inheritance, the right of reproduction is transferred to the legatee or heir, unless it is expressly reserved by will or codicil. Nothing contained herein, however, shall be construed to prohibit the fair use of such work of fine art. (d) As used in subdivision (C): (1) "Fine art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, or photograph, a work of calligraphy, work of graphic art (including an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature), crafts (including crafts in clay, textile, fiber, wood, metal, plastic, and like materials), or mixed media (including a collage, assemblage, or any combination of the foregoing art media). (2) "Artist" means the creator of a work of fine art. (3) "Right of reproduction", at the present state of commerce and technology shall be interpreted as including, but shall not be limited to, the following: reproduction of works of fine art as prints suitable for framing; facsimile casts of sculpture; reproductions used for greeting cards; reproductions in general books and magazines not devoted primarily to art, and in newspapers in other than art or news sections, when such reproductions in books, magazines, and newspapers are used for purposes similar to those of material for which the publishers customarily pay; art films; television, except from stations operated for educational purposes, or on programs for educational purposes from all stations; and reproductions used in any form of advertising, including magazines, calendars, newspapers, posters, billboards, films or television. (e) The amendments to this section made at the 1975-76 Regular Session shall only apply to transfers made on or after January 1, 1976. http://infn.,,,n.ca.gov/cgi-binlwaisgate?WAlSdocIIF64876817966+<>+<}+j)&WAlSactio<Fre\rieve 10:59:0724102/4 W AlS Docwnent Retrieval Page 3 983. If the owner of any invention or design intentionally makes it public, a copy or reproduction may be made public by any person, without responsiblily to the owner, so far as the law of this state is concerned. 984. If the owner of an invention or design does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior inventor, which is exclusive to the same extent against all persons except the prior inventor, or those claiming under him. 985. Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer, except by authority of law. ~af e ø Ç' ç ¿ I/\..L Ar-+ 986. (a) Whenever a work of fine art is sold and the seller resides in California or the sale takes place in California, the seller or the seller's agent shall pay to the artist of such work of fine art or to such artist's agent 5 percent of the amount of such sale. The right of the artist to receive an amount equal to 5 percent of the amount of such sale may be waived only by a contract in writing providing for an amount in excess of 5 percent of the amount of such sale. An artist may assign the right to collect the royalty payment provided by this section to another individual or entity. However, the assignment shall not have the effect of creating a waiver prohibited by this subdivision. (1) When a work of fine art is sold at an auction or by a gallery, dealer, broker, museum, or other person acting as the agent for the seller the agent shall withhold 5 percent of the amount of the sale, locate the artist and pay the artist. (2) If the seller or agent is unable to locate and pay the artist within 90 days, an amount equal to 5 percent of the amount of the sale shall be tranferred to the Arts Council. (3) If a seller or the seller's agent fails to pay an artist the amount equal to 5 percent of the sale of a work of fine art by the artist or fails to transfer such amount to the Arts Council, the artist may bring an action for damages within three years after the date of sale or one year after the discovery of the sale, whichever is longer. The prevailing party in any action brought under this paragraph shall be entitled to reasonable attorney fees, in an amount as determined by the court. (4) Moneys received by the council pursuant to this section shall bUp:!!;nfu. ""'.m gov!cg;-b;nlWlÚsgate?W AlSd_,76' 1 7966+<M+O&W AlS",tion",ttieve 10:59:0724/0214 WAlS Document Retrioval PagH be deposited in an account in the Special Deposit Fund in the State Treasury. (5) The Arts Council shall attempt to locate any artist for whom money is received pursuant to this section. If the council is unable to locate the artist and the artist does not file a written claim for the money received by the council within seven years of the date of sale of the work of fine art, the right of the artist terminates and such money shall be transferred to the council for use in acquiring fine art pursuant to the Art in Public Buildings program set forth in Chapter 2.1 (commencing with Section 15813) of Part lOb of Division 3 of Title 2, of the Government Code. (6) Any amounts of money held by any seller or agent for the payment of artists pursuant to this section shall be exempt from enforcement of a money judgment by the creditors of the seller or agent. (7) Upon the death of an artist, the rights and duties created under this section shall inure to his or her heirs, legatees, or personal representative, until the 20th anniversary of the death of the artist. The provisions of this paragraph shall be applicable only with respect to an artist who dies after January 1, 1983. (b) Subdivision (a) shall not apply to any of the following: (1) To the initial sale of a work of fine art where legal title to such work at the time of such initial sale is vested in the artist thereof. (2) To the resale of a work of fine art for a gross sales price of less than one thousand dollars ($1,000). (3) Except as provided in paragraph (7) of subdivision (a), to a resale after the death of such artist. (4) To the resale of the work of fine art for a gross sales price less than the purchase price paid by the seller. (5) To a transfer of a work of fine art which is exchanged for one or more works of fine art or for a combination of cash, other property, and one or more works of fine art where the fair market value of the property exchanged is less than one thousand dollars ($1,000) . (6) To the resale of a work of fine art by an art dealer to a purchaser within 10 years of the initial sale of the work of fine art by the artist to an art dealer, provided all intervening resales are between art dealers. (7) To a sale of a work of stained glass artistry where the work has been permanently attached to real property and is sold as part of the sale of the real property to which it is attached. (c) For purposes of this section, the following terms have the following meanings: (1) "Artist" means the person who creates a work of who, at the time of resale, is a citizen of the United resident of the state who has resided in the state for two years. (2) "Fine art" means an original painting, sculpture, or drawing, fine art and States, or a a minimum of httpjJinfo _ca.gov/cgi-biolwaisgato'W AlSdocIlÞ64876817~ W AlSacûo<Fretrieve 1059,0724102/ 4 WAIS Document Rotri,vaI Pag'5 or an original work of art in glass. (3) "Art dealer" means a person who is actively and principally engaged in or conducting the business of selling works of fine art for which business such person validly holds a sales tax permit. (d) This section shall become operative on January 1, 1977, and shall apply to works of fine art created before and after its operative date. (e) If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this section which can be effected, without the invalid provision or application, and to this end the provisions of this section are severable. (f) The amendments to this section enacted during the 1981-82 Regular Session of the Legislature shall apply to transfers of works of fine art, when created before or after January 1, 1983, that occur on or after that date. ?ro~c.t10() aÇ Ç;"ttL A.r+ 987. (a) The Legislature hereby finds and declares that the physical alteration or destruction of fine art, which is an expression of the artist's personality, is detrimental to the artist' s reputation, and artists therefore have an interest in protecting their works of fine art against any alteration or destruction; and that there is also a public interest in preserving the integrity of cultural and artistic creations. (b) As used in this section: (1) "Artist" means the individual or individuals who create a work of fine art. (2) "Fine art" means an original painting, sculpture, or or an original work of art in glass, of recognized quality, not include work prepared under contract for commercial use purchaser. (3) "Person" means an individual, partnership, corporation, limited liability company, association or other group, however organized. (4) "Frame" means to prepare, or cause to be prepared, a work of fine art for display in a manner customarily considered to be appropriate for a work of fine art in the particular medium. (5) "Restore" means to return, or cause to be returned, a deteriorated or damaged work of fine art as nearly as is feasible to its original state or condition, in accordance with prevailing standards. (6) "Conserve" means to preserve, or cause to be preserved, a work of fine art by retarding or preventing deterioration or damage through appropriate treatment in accordance with prevailing standards in order to maintain the structural integrity to the fullest extent possible in an unchanging state. (7) "Commercial use" means fine art created under a work-for-hire drawing, but shall by its httpJlinfn.",n.ca.govlcgi-binlwaisgate?WAISdocITÞ<>487681 79- W AISaction"'retrim 10:59:07 2410214 WAlS Document Retrieval page e arrangement for use in advertising, magazines, newspapers, or other print and electronic media. (c) (1) No person, except an artist who owns and possesses a work of fine art which the artist has created, shall intentionally commit, or authorize the intentional commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art. (2) In addition to the prohibitions contained in paragraph (1), no person who frames, conserves, or restores a work of fine art shall commit, or authorize the commission of, any physical defacement, mutilation, alteration, or destruction of a work of fine art by any act constituting gross negligence. For purposes of this section, the term "gross negligence" shall mean the exercise of so slight a degree of care as to justify the belief that there was an indifference to the particular work of fine art. (d) The artist shall retain at all times the right to claim authorship, or, for a just and valid reason, to disclaim authorship of his or her work of fine art. (e) To effectuate the rights created by this section, the artist may commence an action to recover or obtain any of the following: (1) Injunctive relief. (2) Actual damages. (3) Punitive damages. In the event that punitive damages are awarded, the court shall, in its discretion, select an organization or organizations engaged in charitable or educational activities involving the fine arts in California to receive any punitive damages. (4) Reasonable attorneys' and expert witness fees. (5) Any other relief which the court deems proper. (f) In determining whether a work of fine art is of recognized quality, the trier of fact shall rely on the opinions of artists, art dealers, collectors of fine art, curators of art museums, and other persons involved with the creation or marketing of fine art. (g) The rights and duties created under this section: (1) Shall, with respect to the artist, or if any artist is deceased, his or her heir, beneficiary, devisee, or personal representative, exist until the 50th anniversary of the death of the artist. (2) Shall exist in addition to any other rights and duties which may now or in the future be applicable. (3) Except as provided in paragraph (1) of subdivision (h), may not be waived except by an instrument in writing expressly so providing which is signed by the artist. (h) (1) If a work of fine art cannot be removed from a building without substantial physical defacement, mutilation, alteration, or destruction of the work, the rights and duties created under this section, unless expressly reserved by an instrument in writing signed by the owner of the building, containing a legal description of the property and properly recorded, shall be deemed waived. The instrument, if properly recorded, shall be binding on subsequent ht1p;//infe."",.ca.gev/cgi-bin/W1ti_?W AlSdoçIIF6487681 ~+O& W AlSactiow=retrieve 10;59;07 241021 4 WAIS Docum"'" RW-ieval Page 7 owners of the building. (2) If the owner of a building wishes to remove a work of fine art which is a part of the building but which can be removed from the building without substantial harm to the fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction, the rights and duties created under this section shall apply unless the owner has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of his or her intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person. (3) If a work of fine art can be removed from a building scheduled for demolition without substantial physical defacement, mutilation, alteration, or destruction of the work, and the owner of the building has notified the owner of the work of fine art of the scheduled demolition or the owner of the building is the owner of the work of fine art, and the owner of the work of fine art elects not to remove the work of fine art, the rights and duties created under this section shall apply, unless the owner of the building has diligently attempted without success to notify the artist, or, if the artist is deceased, his or her heir, beneficiary, devisee, or personal representative, in writing of the intended action affecting the work of fine art, or unless he or she did provide notice and that person failed within 90 days either to remove the work or to pay for its removal. If the work is removed at the expense of the artist, his or her heir, beneficiary, devisee, or personal representative, title to the fine art shall pass to that person. (4) Nothing in this subdivision shall affect the rights of authorship created in subdivision (d) of this section. (i) No action may be maintained to enforce any liability under this section unless brought within three years of the act complained of or one year after discovery of the act, whichever is longer. (j) This section shall become operative on January 1, 1980, and shall apply to claims based on proscribed acts occurring on or after that date to works of fine art whenever created. (k) If any provision of this section or the application thereof to any person or circumstance is held invalid for any reason, the invalidity shall not affect any other provisions or applications of this section which can be effected without the invalid provision or application, and to this end the provisions of this section are severable. http:/¡;nfo.sen.ca.gov/cgi-biolwaisgate?WAlSd0cIIF64876817966+(}+(}+<)&WAlSact;oo---eve 1O:59m 24/02/ 4 WAlS Docwnent Retrieval Page' 988. (a) For the purpose of this section: (1) The term "artist" means the creator of a work of art. (2) The term "work of art" means any work of visual or graphic art of any media including, but not limited to, a painting, print, drawing, sculpture, craft, photograph, or film. (b) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, publicly perform, or publicly display a work of art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, ownership of the physical work of art shall remain with and be reserved to the artist or owner, as the case may be, unless such right of ownership is expressly transferred by an instrument, note, memorandum, or other writing, signed by the artist, the owner, or their duly authorized agent. (c) Whenever an exclusive or nonexclusive conveyance of any right to reproduce, prepare derivative works based on, distribute copies of, publicly perform, or publicly display a work of art is made by or on behalf of the artist who created it or the owner at the time of the conveyance, any ambiguity with respect to the nature or extent of the rights conveyed shall be resolved in favor of the reservation of rights by the artist or owner, unless in any given case the federal copyright law provides to the contrary. 989. (a) The Legislature hereby finds and declares that there is a public interest in preserving the integrity of cultural and artistic creations. (b) As used in this section: (1) "Fine art" means an original painting, sculpture, or drawing, or an original work of art in glass, of recognized quality, and of substantial public interest. (2) "Organization" means a public or private not-for-profit entity or association, in existence at least three years at the time an action is filed pursuant to this section, a major purpose of which is to stage, display, or otherwise present works of art to the public or to promote the interests of the arts or artists. (3) "Cost of removal" includes reasonable costs, if any, for the repair of damage to the real property caused by the removal of the work of fine art. (c) An organization acting in the public interest may action for injunctive relief to preserve or restore the a work of fine art from acts prohibited by subdivision Section 987. (d) In determining whether a work of fine art is of recognized quality and of substantial public interest the trier of fact shall rely on the opinions of those described in subdivision (f) of Section 987. (e) commence an integrity of (c) of (1) If a work of fine art cannot be removed from real property httpJ/info.ren.oa.gov/c8i-biolwai_?wAISdocßF64876817966+O+{}+{)&WAlSactioo--retrieve 1059007 24/021 4 WAIS Documen' """'oval Page 9 without substantial physical defacement, mutilation, alteration, or destruction of such work, no action to preserve the integrity of the work of fine art may be brought under this section. However, if an organization offers some evidence giving rise to a reasonable likelihood that a work of art can be removed from the real property without substantial physical defacement, mutilation, alteration, or destruction of the work, and is prepared to pay the cost of removal of the work, it may bring a legal action for a determination of this issue. In that action the organization shall be entitled to injunctive relief to preserve the integrity of the work of fine art, but shall also have the burden of proof. The action shall commence within 30 days after filing. No action may be brought under this paragraph if the organization's interest in preserving the work of art is in conflict with an instrument described in paragraph (1) of subdivision (h) of Section 987. (2) If the owner of the real property wishes to remove a work of fine art which is part of the real property, but which can be removed from the real property without substantial harm to such fine art, and in the course of or after removal, the owner intends to cause or allow the fine art to suffer physical defacement, mutilation, alteration, or destruction the owner shall do the following: (A) If the artist or artist's heir, legatee, or personal representative fails to take action to remove the work of fine art after the notice provided by paragraph (2) of subdivision (h) of Section 987, the owner shall provide 30 days' notice of his or her intended action affecting the work of art. The written notice shall be a display advertisement in a newspaper of general circulation in the area where the fine art is located. The notice required by this paragraph may run concurrently with the notice required by subdivision (h) of Section 987. (i) If within the 30-day period an organization agrees to remove the work of fine art and pay the cost of removal of the work, the payment and removal shall occur within 90 days of the first day of the 30-day notice. (ii) If the work is removed at the expense of an organization, title to the fine art shall pass to that organization. (B) If an organization does not agree to remove the work of fine art within the 30-day period or fails to remove and pay the cost of removal of the work of fine art within the 90-day period the owner may take the intended action affecting the work of fine art. (f) To effectuate the rights created by this section, the court may do the following: (1) Award reasonable attorney's and expert witness fees to the prevailing party, in an amount as determined by the court. (2) Require the organization to post a bond in a reasonable amount as determined by the court. (g) No action may be maintained under this section unless brought within three years of the act complained of or one year after discovery of such act, whichever is longer. httpJ/Uúo.sen.ca.gov/cgi-bin/waisgate?WAISdocI0=6487681796&+{}+O+O&WAlSactiotFretriove w,59:07 24/021 4 WAlS Documem Retneval rage '" (h) This section shall become operative on January shall apply to claims based on acts occurring on or to works of fine art, whenever created. (i) If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. 1, 1983, and after that date httpJlinfo.sen.ca.gov/cgi-bin/wai,gare?WAlSdocIIF<i48768\ 7966-H}H)+()& W AlSaction~eve 10,59,0724/0214 § 982 PERSONAL OR MOY ABLE PROPERTY tion covered by patent. Ragan v Sirign (1958) 160 CA2d 832, 326 P2d 26. Cootract granting license to manufacturer to sell certain patented devices was not tenninated by mutual consent of parties at time when aecrued liability of defendant was only small sum, where only evidence to that eft"ect was letter written by plainti1l's attorney in which it was mentioned that it waS in reply to earlier letter written by defen- dant's attorney stating that defendant "feels that he must give up his license agreement" with plaintiJf. Ragan v Sirigo (1958) 160 CA2d 832, 326 P2d 26. F"mding that parties entered into contract whereby plaintiIr gave defendant license to manufacture and sell certain patented devices was supported by conduct of parties who, for severa! years, treated agreement as contract and recognized obligations it imposed on them, and absence of coinventor's signature was of no significance to parties. Ragan v Sirigo (1958) 160 CA2d 832, 326 P2d 26. In action by inventor to collect royalties a!legedly due him from his licensee, co-owner of patent rights involved, or his personal representative, was not indispensable party where plaintiIr was only one, besides defendant, who signed contract grant- ing license. Ragan v Sirigo (1958) 160 CA2d 832, 326 P2d 26. SUGGESTED FORM Bill of Sale for Compositioo In Letters or Art BILL OF SALE In consideration of the receipt of the sum of _1~ the receipt of which is hereby acknowledged, the undersigned, ---'----> residing at -"--- [address] in the City of -4-, County of ---'------., State of California, hereby sells, assigns and transfers to ---"----. residing at _7- [address], in the City of ---"----. State of California, the following 'attached --'- [insert description of composition], entitled "-10_". Dated _11_. [Acknowledgment] [Signature] § 983. Effect of publication If the owner of any invention or design intentionally makes it public, a copy or reproduction may be made public by any person, without responsiblily to the owner, so far as the law of this state is concerned. Enacted 1872. Amended Stats 1947 ch 1107 § 4; Stats 1949 ch 921 § 4; Stats 1982 ch 574 § 5. Amendments: 1947 Amendment: Prior to t947 the section read: "If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person, without responsibility to the owner, so far as the law of this State is concerned." , 1947 Amendment amended the section to read: "¡(the owner of a composition in letters or art publishes it the same may be used in any manner by any person, without responsibility to the owner insofar as the law of this State is concerned." 1949 Amendment: (I) Designated the former section to be subd (a); and (2) added subd (h). 1982 Amendment: Deleted (1) former subd (a) which read: "(a) If the owner of a composition in letters or art publishes it the same may be in any manner by any person, without responsibility to the owner, insofar as the law of this State is concerned."; and (2) subdivision designation (h). Historical Derivation: Field's Draft NY CC § 432. Code Commissioner's Note: The protection alforded by act of Congress is a matter of Federal legislation, with which the State cannot interfere. 176 EXHIBITS END HERE