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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. 1-1 June 2, 2009 Page 2 • 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). 7-2 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 1-3 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 1-4 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 1-5 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. 1-6 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. 1-7 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.. 1-8 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 ~-s 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 1-10 ~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. 1-11 Attachment B ~ j~`~ PUBLIC ART IN CUPERTINO C U P E~RT I NI O Updated January 13, X009 .~~ •,." ,~ ~~~ ~` i°~:F 1 ~~`~ `. y~ ~,~,~ ~~, ~Ai.,.~ '~:k. .. ..,. e~ l'.PS "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 1-12 Cupertino Mural - City haN lobby [~ r~ r rf f ~ ~~ "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 1-13 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 1-14 "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 rur•ev-n.;. Title: Magnificent Tree Artist: Brad Howe Medium: Stainless steel lnstatled: May 2007 Location: Whole Foods Market 20900 Stevens Creek Blvd Developer: Sand Hill Properties 1-15 "Little Tree" -Menlo Equities "Magnificent Tree" -Whole Foods Market '1 ~ ~~ _ . Y::., i; ~~ ..~:..Sea~iyP ~~ ~ . ~ r ~y ~... ~~ ~_,, .::p -+' a• T ~~ .~ k ~ / , r. wro 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 r tia-,a Tae'J s '`~ 4 "6lossflow" at Ook Park Village 1-16 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 1-17 "The Guardians" -Cupertino AAemorial Park I ~~• CV~F P`-Iti ~~ Title: Cockatiels Artist: Jason Paul Bennett Medium: Stainless steel & bronze; kinetic Installed: Apri12008 Location: Cupertino Landing, 10495 N. DeAnza Blvd. Developer: Sand Hill Properties ~-~8 "Cockatiels" -Cupertino (_anding fi a .4 ~. "Bronze Glass Sun Ball" ,.irEVTiwc 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" __ F "Phoenix" 1-19 ~.