19 Commercial Sale of Art
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CITY OF
CUPEIUINO
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
Telephone: (408) 777-3223
FAX: (408) 777-3366
kimberlys@cupertino.org
OFFICE OF THE CITY CLERK
SUMMARY
Agenda Item No. ~
Meeting Date: November 6. 2006
SUBJECT AND ISSUE
Provide policy direction regarding the commercial sale of art on public property.
BACKGROUND
Since the Quinlan Community Center opened, it has served as the home of the Fine Arts League
of Cupertino (F ALC), nonprofit organization which meets there once a month. The majority of
the artwork displayed at the community center was created by members of the F ALC. The
remainder of the exhibitions is the work of art students from the Quinlan Community Center, or
come from special events, such as a showcase of work by the Cupertino Distinguished Artist of
the Year. Although the F ALC meetings are open to the public, only members may display their
work there after approval by a F ALC jury. Each painting is identified by title and artist name, as
well as a price if the piece is for sale.
Recently staff was approached by an individual who wished to display art work in the Cupertino
Sports Center and have the staff collect the funds. That request was denied, and staff realized the
need for a written policy. In the interim, the FALC was asked to remove the prices frorn their art
displays at the Quinlan Community Center, although they were permitted to leave price sheets at
the facility.
The F ALC representatives indicate that removal of the posted prices has created a hardship,
because the purchase of art is often an impulsive decision. In the two months since the: prices
have been taken off the wall there have been no sales. This is impacting both the artists and the
League itself, which is entitled to a percentage of each sale. For this reason, the Fine l~s
Commission recommends that until a final policy is adopted, the F ALC be allowed to re-post the
prices on the art work.
The City Manager felt it was prudent to develop a written policy to govern both current and
future exhibitions and sales, and the Fine Arts Commission subsequently reviewed the situation
and offers the following recommendations to these policy questions.
1. Should private art be available for sale on public property?
It is common practice for public buildings with suitable space to be used as a gallery. For
example, this is done in the lobby of the City of Mountain View, and in the Los Altos and
Saratoga libraries.
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However, those libraries do not display art that is for sale. The City of Mountain View
used to do so, but stopped that program because of the lack of staff to handle those
arrangements. Instead, Mountain View now does quarterly exhibits of artwork that
benefits the public and residents.
The Fine Arts Commission members felt that the Quinlan Community Center and the
Cupertino Senior Center were appropriate locations in terms of public access and staff
monitoring, particularly since the major displayer of art work is the non-profit Fine Arts
League of Cupertino. However, they recommend that any sales transactions be made
directly with the artist and the city staff should not participate in that function.
2. The City of Cupertino staffhas always treated for-profit and non-profit agencies
differently, because non-profits pay lower fees, or sometimes their costs are waived. Is
the loan of artwork provided by the F ALC and their other community activities enough of
a public benefit to justify their use of the facility as a gallery?
The Fine Arts Commission noted that the F ALC provides a substantial public benefit in a
number of ways: (1) The organization rents a room in the Community Center for its
monthly meetings; (2) It pays for the cost of 10 free art demonstrations each year at the
Community Center, which are open to the public;(3) Members donate their time by
judging art competition in Cupertino Public Schools; (4) It organizes various events such
as Art in the Park and Winter Art Fair, as well as the Cupertino Jubilee Fine Arts Show;
and (5) It provides gifts of artwork to the Pleasant View Convalescent Home every
holiday season.
2. Should the opportunity to display and sell art be expanded to other city facilities?
The Fine Arts Commission did not recommend use of the Community Hall, City Hall
lobby, or the Sports Center as exhibition/gallery space, unless it was for a special city
event or as a part of a specific rental agreement for that space. However, it makes sense
that the Senior Center and Teem Center may at times wish to showcase and sell the art
created in their programs as a means of promoting the classes
RECOMMENDA nON:
1. Direct the Cupertino Fine Arts Commission to prepare a policy and procedures governing
the commercial sale of art on public property; and
2. Direct that the Fine Arts League of Cupertino (F ALC) may re-post the price of artwork on
display in the Quinlan Community Center until a formal policy clarifies the situation.
Submitted by:
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Kimberly Smith
City Clerk
Approved for submission:
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David W. Knapp
City Manager
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