01. Fine Arts Commission reportOFFICE OF THE CITY CLERK
CUPERTINO
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
SUI~TMARY
Agenda Item No. ~ Meeting Date: June 2, 2009
SUBJECT AND ISSUE
Receive annual report from the Fine Arts Commission.
Commission Mandate
The Cupertino Fine Arts Commission is charged with advancing the arts in the City through a
number of activities and programs, including tlhe Quarter Percent for Art program, which requires
public art on new construction over 50,000 squ~~re feet.
Meeting Schedule
The Commission's regular meetings are held monthly at 7:00 p.m. in Conference Room A of City
Hall. The December meeting is usually cancelled.
The Commission schedules additional meeti~igs when necessary to accommodate developers'
construction schedules, since the art work mu~~t be approved by the Commission and installed on
the site before a building occupancy permit is issued.
Completed Projects
• The Fine Arts Commission prepared the "quarter percent for art" Ordinance No. 09-2037,
which City Council adopted on Feb. 17 ~~f this year.
• The Commission developed an application package to help developers through the art
approval process (Attachment A). A few months later, they amended the document to call
attention to the need to balance the Commission's desire to light public art work at night and
the LEED (Leadership in Energy and Environmental Design) restrictions on energy use and
light spillage.
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June 2, 2009
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• The most recent public art approved by the commission was installed at 10900 Tantau
Avenue in Cupertino. Photographs of this and other artwork in the city are shown in
Attachment B.
Review Public Art Applications
There are applications already in the pipeline, or anticipated to begin in the next fiscal year, which
will require Fine Arts Commission review. They include:
• Mary Avenue Pedestrian Footbridge
• Villa Serra/The Grove
• Rose bowl project at Vallco Parkway & Wolfe
• Public Storage at 20565 Valley Green Drive
• Shashi Hotel @ 10165 De Anza Boulevard
• Main Street Cupertino, Stevens Creek/Finch/Tantau/Vallco Parkway
• 1 Results Way
• PW Market Area at Homestead & DeAnza
Select a Distinguished Artist and an Emerging Artist of the Year
The Distinguished Artist of the Year program has been in place since 1988, and for the last 14 years
the award has been presented by the Fine Arts Commission chairman at a performance of Free
Shakespeare in the Park, which is typically attended by an audience of almost 1,000 people. In
2009, the Commission will augment this program with a new category of Emerging Artist of the
Year for accomplished individuals aged 30 or younger.
Recipients of this award receive a plaque and a cash award of $500, and are required to report back
to the Fine Arts Commission about how those funds are used.
Former Distinguished Artists include: 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, photographer/artist Constance Guidotti, painter Kate Curry, ceramic
artist Janet Leong Malan, sculptor Corinne Okada Takara, and textile artist Charlotte Kruk. Last
year's Distinguished Artist was watercolorist Floy Zitten.
Grant Applications
The Fine Arts Commission used to have a grants budget of about $15,000 and twice each year
funds were awarded to individuals and groups including the Euphrat Museum of Art. The grants
budget was eliminated in 2003-04, but a portion was reinstated in 2007. Since that time, grants
have only been awarded to the Fine Arts League of Cupertino, FALC, ($500) and the Euphrat
Museum of Art ($4,000).
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June 2, 2009 Page 3
FALC plans to use the 2009 grant funds (if those funds are approved by City Council) to hire a
professional art judge for the annual fine arts show held in conjunction with the Fall Festival,
scheduled this year for September 19-20. The community is invited to the opening night show and
auction on Friday, Sept. 18, and a percentage of the proceeds are awarded to a local charity.
The Euphrat Museum, located on the DeAnza College campus, has just reopened to the public. It is
located next door to the new, state-of--the-art Performing Arts Center. Grant funds are used for the
Museum's programs as well as the Arts in Schools program. Diana Argabrite, Director of the Arts
in Schools program, plays an active role as an art and craft instructor at the Quinlan Community
Center, as well as coordinating with the Fine Arts Commission to sponsor a children's art show at
the annual Cherry Blossom Festival.
Support the Arts throughout the Community
In the coming fiscal year, the Fine Arts Corrvnission plans to pursue partnerships with various
organizations such as the Chamber of Commerce, local schools, and the City's own Parks and
Recreation Department, as well as to continue ongoing relationships with FALC and the Euphrat
Museum. The purpose of these partnerships is to raise awareness of the rich variety of fine arts in
the community, and to create new arts opportunities.
RECOMMENDED ACTION
Receive the Fine Arts Commission's annual report for 2009.
Submitted by:
~LZ~i~4,
Kimberly Smi.
City Clerk
Ap~~roved for submission:
Da~rid W. Knapp
Cit;~ Manager
Attachment A: "Quarter Percent for Art" Program guidelines
Attachment B: Photographic catalogue of Cupertino public art
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Attachment A
CUPERTINO CITY OF CUPERTINO
"QUARTER-PERCENT FOR ART" PROGRAM
Updated March 5, 2009
GENERAL PLAN REQUIREMENT
In 2005, the Land Use Element of the Cupertino General Plan was amended to add a goal and
policy regarding public arts (Goal H, Policy 2-66). The goal is to "create a civic environment where
the arts express an innovative spirit, celebrate a rich cultural diversity, and inspire individual and
community participation." The policy serves to "stimulate opportunities for the arts through
cooperative relations between local business and the City."
OVERVIEW
• The minimum expenditure for the artwork design, fabrication, and installation shall be
equal to one-quarter of one percent (.25%) of the construction budget. Proof of the
expenditure will be required. There is an expenditure cap of $100,000, but the
developer/owner is encouraged to spend more as necessary to provide aesthetic artwork
of an appropriate scale.
• The developer must obtain approval from the Cupertino Fine Arts Commission for the
artwork, lighting, landscaping, and identifying plaques. Installation of those items must be
completed before a building occupancy permit will be issued.
~ The artist will provide a maintenance schedule and instructions. The developer and/or
property owner will be responsible for maintaining the artwork in good condition at all
times.
The Cupertino Public Art Ordinance is Chapter 19.118.00 of the Cupertino Municipal Code, which
is available on the City's website at www.cupertino.org.
Package Contents:
1. General Development and Public Art Requirement
2. Fine Arts Commission (FAC) process
3. Review Criteria
4. Information Forms, including Cost Worksheet
5. Listing of Public Art in Cupertino
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GENERAL DEVELOPME~JT AND PUBLIC ART PROCESSES
General Project Development Process
Developer has a preliminary consultai:ion with Planning Department staff
2. Developer files a formal application
3. Plans are distributed internally to Planning, Building, Public Works, Fire, etc.
Public Art Process
1. A public art requirement may be trigl;ered by the project's size, as set forth in General
Plan Policy 2-66, or imposed as a condition of approval by the Planning Commission
and/or the City Council.
Site plans for projects that require public art are distributed to affected parties, such as
the Fine Arts Commission, Parks and Recreation Commission, etc.
2. Planning staff reviews all conditions of approval with the developer, including the Public
Art criteria, and refers Developer to tl~e Fine Arts Commission (FAC) staff liaison.
3. FAC liaison schedules the matter and provides Developer with guidelines and application
materials, as well as a list of existing F~ublic art within the City limits.
4. Developer is responsible for selecting the artist and artwork(s). The FAC liaison may
provide weblinks and email address to assist with this process.
5. Developer submits Public Art Application package 30 days prior to the FAC meeting,
including a Pro Forma (or equivalent documentation) illustrating cost of development
project, and scope/cost of art project (see Fine Arts Commission process)
6. FAC liaison forwards copies of application package to Building, Fire, and Public Works with
a request to review and comment within 2 weeks.
7. Developer and Artist attend the Fine carts Commission meeting to present the proposal.
S. Fine Arts Commission reviews and approves or denies the artwork. The Commission may
provide suggestions for modification t:o the artwork, location, lighting, signage, etc. and
work with the Developer and/or Artist until proposal is satisfactory. LEED or other
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building certification does not exempt the developer and/or artist from meeting all
criteria.
9. Developer works with the Building Division to secure applicable building permits prior to
fabrication of the artwork.
10. Developer notifies the FAC liaison when the artwork will be installed.
11. Developer notifies Building Division and FAC Liaison when the artwork installation is
complete, and provides high-resolution digital photographs of the installed artwork. The
City of Cupertino assumes the right to photograph artwork for the purpose of
city publicity, education or other city promotional needs.
12. Unless otherwise specified, Developer is responsible for maintenance of the artwork.
Developer shall enter into a maintenance agreement with City if the artwork is located in
the public right-of-way.
13. Building Division will issue a building occupancy permit subsequent to FAC Liaison/City
Planning signoff on public art completion.
14. The artwork will be a fixed asset of the property, and statements to that fact shall be
attached or recorded in the existing CC&Rs or on the property deed to advise subsequent
owners of the obligation to maintain the artwork.
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FINE ARTS COMMISSION PROCESS
The Cupertino Fine Arts Commission (FAC) meetings are held on the fourth Tuesday of February, April,
June, August, October, and December (December meetings maybe rescheduled or cancelled) at 7:00
p.m., Conference Room A, Cupertino City Hall, 10300 Torre Avenue, Cupertino.
Contact the FAC liaison at least 30 days in advance t:o schedule time on the agenda:
Kimberly Smith, City Clerk
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3217
cityclerk@cupertino.org
Developer/Artist shall submit the following at least :ZO days prior to the meeting. Digital media is
preferred.
1. Public Art Application Form (attached)
2. Eligible Costs Worksheet Form (attached)
3. A copy of the project Pro Forma to substantiate project budget
4. Artist's biography, resume, and list of exhibitions, and photos of other works of art
5. Artist's statement about the prospective artwork explaining the theme or intent
6. Detailed sketch or photo of the prospective artwork
7. A site plan indicating landscaping ,lighting, and location of the artwork
8. A sketch and/or description of an identifying plaque, including its location in relation to
the artwork. The plaque shall measure at least 8"x 8", be constructed of a permanent
material, and list the name of the artist, the title, medium and the date of fabrication
Artist shall provide these items at the meeting:
1. A scale model and/or athree-dimensional virtual model
2. Samples of proposed materials for the artwork and plaque
3. Care and maintenance plan recommended b~y the artist
The Fine Arts Commission will review the proposal at a scheduled meeting and will either recommend
approval of the proposal, recommend approval with minor modifications, or deny the proposal. The
Commission may also continue the item and provides suggestions to the Developer/Artist until the art
project meets with their approval. The decision of the Fine Arts Commission is final.
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REVIEW CRITERIA
The Fine Arts Commission uses the criteria adopted by the Cupertino City Council on March 1, 2005, in
the document titled "Selection of Public Art." Those criteria are as follows:
• Aesthetics
It is deemed an artwork of lasting aesthetic value that enhances the City's cultural environment
by being receptive, respectful and stimulating and contributes to the comprehensive record of
visual arts for the community.
• Artist's Background
The artist's background will be reviewed to ensure he/she has the overall experience and
knowledge to design, fabricate and install the artwork.
• Style
The artwork shall be compatible in scale, materials, form and content with its surroundings.
• Permanence
Consideration will be given to structural and/or surface soundness, resistance to theft, vandalism,
weathering and maintenance and repair costs.
• Liability
Proposed artwork will be examined for safety conditions and factors that bear upon public
liability.
• Accessibility Requirements
The artwork shall meet accessibility requirements as set forth under the Americans with
Disabilities Act.
• Visibility
It shall be in public view in locations accessible to all members of the community, and should have
a visible impact at a distance of not less than 100 feet and from moving vehicles.
• Duplication
Preference will be given to original, one-of-a-kind artwork not duplicated in Cupertino or nearby
communities
• Preference
Preference will be given to artists living or working in the San Francisco Bay Area and artists
whose work is not already displayed as public art in the Cupertino area. The developer is
encouraged to select artist(s) of diverse culture..
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CUPERTINO
Development Project
Project Name:
Address and/or Location:
Acreage:-
Bldg. Sq. Ft.
Arch. Style:
Application No:
lot size:
No. of stories:
Bldg. Usage:
Date of PC approval: Date of CC approval
Planner Name: Estimated occupancy date:
Detailed project description:
Public Art
Overall project budget (from Pro Forma, et al)
.25% for Art: $ Art~niork Budget: $
Artwork Name:
Materials:
Lighted? Y/N
Brief description:
Dimensions:
Estimated installation date:....
Detailed description of art (location, materials, function, landscaping, lighting, pedestal, etc.):
Detailed description of identifying plaque (location, materials):
Cupertino Public Art
Application Form
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Cupertino Public Art Application Form
Project Name:
Contacts
Page 2
Application No:
Developer:
Address:
Phone (office): Phone (cell):
Fax: Email:
Artist:
Address:
Phone (office):
Phone (cell):
Fax: Email:
Submitted by:
Signature
Printed name
Date
IMPORTANT: ATTACH SITE PLANS, ELEVATIONS, AND A LIST OF ANY OTHER
PERTINENT INFORMATION
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~J Cupertino Public Art
CUPERTIND Eligible Costs Worksheet
ITEM ESTIMATED
COST ACTUAL COST DATE
VERIFIED
Artwork price $ $
• materials $ $
• fabrication $ $
• engineering fees $ $
Art Consultant's fees $ $
Lighting Consultant's fees $ $
Transportation of artwork $ $
• shipping $ $
• crating $ $
• truck rental $ $
Installation of artwork $ $
• site preparation* $ $
• labor $ $
• professional fees $ $
• equipment rental $ $
• special hardware/tools $ $
Pedestal or display costs** $ $
Lighting for artwork $ $
Identification plaque $ $
*Directly related to the installation of the artwork (ie: trenching for lighting conduit, piping
for water if water was not previously included in the project, concrete footings, etc.)
**If not already included in the artwork price.
APPLICANT MUST ATTACH THE PRO FORMA (OR EQUIVALENT) TO
ILLUSTRATE TOTAL PROJECT COSTS.
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Attachment B
~ j~`~ PUBLIC ART IN CUPERTINO
C U P E~RT I NI O Updated January 13, X009
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"Spring in Cupertino" -City Hall lobby
Title: Cupertino Mural
Artist: Scott T. Sayre
Medium: Mural
Location: City Hall lobby
Commissio ned by City of Cupertino
Title: Spring in Cupertino
Artist: Zhung Wang Zao
Medium: Watercolor on rice paper
Location: City Hall lobby
Donor: Zhung \Nang
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Cupertino Mural - City haN lobby
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"Perspectives" -Cali Mill Plaza
Title: Unavailable
Artist: Unavailable
Location: Symantec World Headquarters
20300 DeAnza Blvd.
Title: Perspectives
Artist: Roger Berry
Medium: Brushed stainless steel
Installed: March 2004
Location: Cali Mill Plaza
Stevens Creek Blvd.
& DeAnza Blvd.
Commissio ned by: City of Cupertino
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Symantec lAiorld Headquarters
Title: The Dancers
Artist: Georgia Gerber
Medium: Bronze
Installed: August 2004
Location: City Half/Library Plaza
10800 Torre Ave
Donor: Dick and Carolyn Randall
Title: The Reader
Artist: Geargia Gerber
Medium: Bronze
Installed: August 2004
Location: Cupertino Library atrium
10800 Torre .Ave
Donor: Dick and Carolyn Randall
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"The Dancers" -Cupertino Library
"1 he Reader" -Cupertino Library atrium
rrer
Title: Little Tree
Artist: Brad Howe
Medium: Stainless steel
location: Stevens Creek Blvd.
& Wolfe Rd.
Developer: Menlo Equities
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Title: Magnificent Tree
Artist: Brad Howe
Medium: Stainless steel
lnstatled: May 2007
Location: Whole Foods Market
20900 Stevens Creek Blvd
Developer: Sand Hill Properties
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"Little Tree" -Menlo Equities
"Magnificent Tree" -Whole Foods Market
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Title: researching
Artist: researching
Medium: mural
Installed: May 2007
Location: Whole Foods Market
20900 Stevens Creek Blvca
w~Yr~
Title: Glassflow
Artist: Ulrich Pakker
Medium: Stainless steel and acrylic
Installed: June 2007
Location: Oak Park Village, DeAnza Blvd
Developer: Pinn Brothers
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"6lossflow" at Ook Park Village
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Title: The Guardians
Artist: W. Stanley "Sandy" Proctor
Medium: Bronze
Installed: November 2007
Location: Memorial Park, Cupertino
Donor: Family of Matthew Axelson &
Title: Unavailable
Artist: Unavailable
Medium: Mural
Location: Armadillo Willy's Restaurant
10100 S. DeAnza Blvd.
"Cali Mill" -Armadillo Willy's Restaurant
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"The Guardians" -Cupertino AAemorial Park
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Title: Cockatiels
Artist: Jason Paul Bennett
Medium: Stainless steel & bronze; kinetic
Installed: Apri12008
Location: Cupertino Landing,
10495 N. DeAnza Blvd.
Developer: Sand Hill Properties
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"Cockatiels" -Cupertino (_anding
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"Bronze Glass Sun Ball"
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Artist: Andre Carson
Medium: Multiple kinetic sculptures
Silicon bronze & glass
Installed: January 2009
Location: 10900 Tantau Avenue
Developer: Tantau Investments/
Devcon Construction
"Bronze Glass Sun Ball" -two flanking the entrance
"Double Swirl"
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"Phoenix"
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