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ACC 05-22-2023 APPROVED MINUTES ARTS AND CULTURE COMMISSION Monday, May 22, 2023 6:30 p.m. ARTS AND CULTURE COMMISSION REGULAR MEETING CALL TO ORDER At 6:36 p.m., Chair Maa called the meeting to order at City Hall, 10300 Torre Avenue, Conference Room C. ROLL CALL Commissioners Present: Carol Maa, Dana Ford, David Wang, Kiran Rohra, Rani Agrawal Commissioners Absent: None Staff Present: Gian Martire, Tommy Yu, Evelyn Moran, Susan Michael Presenters: Melissa Erikson CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Vice Chair Selection Recommended Action: Conduct the selection of the Vice Chair. Commissioner Wang self-nominated for the Vice Chair position. Commissioner Ford seconded. Motion carried unanimously. 2. Subject: Email Phishing Campaign Presentation from the City’s Infrastructure Division Recommended Action: Receive Email Phishing Campaign presentation from the City's Infrastructure Division. Tommy Yu, Innovation Technology (IT) Manager, presented on the cyber threat landscape including ransomware, malware, phishing, and public networks, and the City’s cybersecurity defense. Commissioner Rohra requested a recommendation from staff on how often passwords should be changed. IT Manager Yu clarified City policy requires a change of password every 90 days. Chair Maa requested clarification on the Password Expiry Notifications from the City that have a yellow caution banner. IT Manager Yu clarified that it is recommended to change your password through the web outlook login directly once it has expired and prompted you to update. Recommended commissioners email the IT Help Desk, helpdesk@cupertino.org, when in doubt. Chair Maa recommended that the presentation slides be updated next time with 5 succinct “Don’t Do’s” for commissioners. Requested clarification regarding emails sent in from the public, and what IT recommends for whether commissioners should trust the email attachments and links. IT Manager Yu recommended to inform the IT Department when in doubt. Chair Maa opened public comment. Peggy Griffin requested clarification on what residents can do to send in a safe email to City staff with attachments. IT Manager Yu replied to the public comment and recommended that residents be as clear and detailed as possible. 3. Subject: Presentation on CMC 19.148: Required Artwork in Public and Private Developments Recommended Action: Receive a presentation on CMC 19.148: Required Artwork in Public and Private Developments. Gian Martire, Senior Planner, presented on the Cupertino Municipal Code Chapter 19.148: Required Artwork in Public and Private Developments including when artwork is required, what is and is not considered artwork, artwork value, criteria for reviewing art pieces, in-lieu payments, and upcoming developments. Commissioners asked clarifying questions. Vice Chair Wang requested clarification on the timeline for the art proposal process with a developer. Senior Planner Martire clarified that City staff will work with the developer on the application to verify criteria is met and following that the application will be brought to the Arts and Culture Commission. Commissioner Rohra requested clarification on whether the public art budget is only available when a new construction project takes place. Senior Planner Martire clarified it is required only for private development that is 10,000 square feet or more. Commissioner Rohra requested clarification on how it is possible to fund public art in other spaces such as parks. Senior Planner Martire clarified that in-lieu fees provide funding for public art that City Council can then decide where and how the funding is spent. Commissioner Rohra requested information on whether there are discussions for public art at Memorial Park, a non-private development project. Commissioner Agrawal requested clarification on whether the commission can propose artwork. Senior Planner Martire clarified for private development, the developer proposes the art piece(s) and the commission has discretionary approval. Chair Maa requested clarification on whether the commission will receive updates on public art approvals once they are completed. Senior Planner Martire clarified that the commission can request for an update for a future agenda item. Vice Chair Wang requested clarification on the policy for use of art in-lieu fees. Senior Planner Martire clarified that there is no current policy, and it is up to City Council to direct staff on use of the funds. Clarified that creating a policy or adding it into the municipal code could potentially be done through the City Work Program – the commission could recommend a council work program item to include policy direction for art in-lieu fees. Chair Maa opened public comment. Peggy Griffin commented on the [CMC 19.148.060] Design Criteria and Artist Qualifications, [CMC 19.148.040] Ineligible Artwork, and CMC 19.12.030 Approval Authority. Lisa Warren commented on the November 2021 Arts and Culture Commission meeting where the commission at the time granted an in-lieu fee, and she questioned what the process was for deciding use of the funds. Commented that if there is no policy, how can it be stated that it is Council’s decision where in-lieu funds are distributed. Rhoda Fry commented on the opportunity of art in-lieu fees for public art in public spaces. APPROVAL OF MINUTES 4. Subject: Meeting Minutes for the March 27, 2023 Arts and Culture Commission Meeting Recommended Action: Review and approve the minutes for the March 27, 2023 Arts and Culture Commission meeting. Commissioner Rohra requested that staff verify the adjournment time. Chair Maa opened public comment. Lisa Warren commented on the future agenda setting list and recommended items discussed be included in the minutes. Chair Maa motioned to approve the March 27, 2023 Arts and Culture Commission meeting minutes. Commissioner Rohra seconded. Motion carried with 4 yes and 1 abstain. POSTPONEMENTS None ORAL COMMUNICATIONS Lisa Warren commented on the criteria for public art and added that it should be updated to include bird safe and dark sky. WRITTEN COMMUNICATIONS Written communications were emailed to the commission and are included for the record. OLD BUSINESS None NEW BUSINESS 5. Subject: Consider public art for Jollyman Park Recommended Action: Receive a presentation and provide feedback on public art for the All- Inclusive Playground project at Jollyman Park. Evelyn Moran, Public Works Project Manager, introduced Melissa Erikson, MIG Consultant, to present on the item. Presented on prior MIG artist collaborations, overview of the Jollyman playground site plan, proposed art locations, and proposed art features – kaleidoscope, musical bench or musical walk, and multilingual tactile entry sign. Commissioner Rohra requested clarification on the budget. Susan Michael, Capital Improvement Programs (CIP) Manager, clarified that City Council did approve the use of the art in-lieu funds for art at Jollyman playground. Project Manager Moran clarified the art in-lieu funds available are $338,146.86. Chair Maa requested clarification for what changed in terms of the project budget that required further funding support. Project Manager Moran clarified that the current project falls within a $3.6 million construction budget, that includes state funding and county grant funding for all- inclusive play areas. CIP Manager Michael clarified that staff wanted to include additional amenities that are advantageous to the community and enrich the experience by including art. Project Manager Moran clarified that it would be combining interactive art within a publicly funded project and utilizing the art in-lieu funds. Commissioner Rohra requested clarification on whether the three art features proposed would fall within the budget available. Project Moran clarified that all three would fit within the available budget. Chair Maa requested clarification on whether the question is to use the art in-lieu funds verses the commission approving the art. Project Manager Moran clarified that currently staff is collecting commission feedback on the art for consideration, and will return to the commission with more details for approval of the art. Chair Maa requested clarification on whether the commission should be consulted prior to City Council’s approval of the use of art in-lieu funds moving forward. Senior Planner Martire clarified that for this project, Council approved the use of the art in-lieu funds, and the commission will provide feedback and final approval of the art. Commissioner Rohra requested clarification on the timeline for the design phase of the playground including the artwork. Project Manager Moran clarified that the overall design for the playground is in progress, but the art will not be included in the design until more details are finalized. CIP Manager clarified that the art would be additions on top of the playground construction. Vice Chair Wang supported the use of local artists and art pieces designed to be as interactive as possible. Commented on art feature number two [musical bench or musical walk] and requested that the number of individuals that can engage with the art piece be taken into consideration – the musical bench could potentially engage two individuals at a time where the musical walk could engage more. Commented on art feature number three [multilingual tactile entry sign] regarding signage and the municipal code and emphasized that the feature should be thought out for how that project can better represent the intentions of the municipal code. Vice Chair Wang requested clarification for art feature number three [multilingual tactile entry sign] and exactly how it serves as art rather than signage. MIG Consultant Erikson clarified it is not just wayfinding but a different way of envisioning the space, understanding relationships, and providing a tactile component for sensory input in an all-inclusive playground. Added it’s functional, interpretive, links the different aspects of the play area, and provides a way for people to interact with the space. Commissioner Rohra requested clarification for the 100 feet requirement and whether it applies to a functional art piece. Senior Planner Martire clarified the ordinance mentions that artwork should have a visual impact not less than 100 feet away for artwork located along Stevens Creek Boulevard or De Anza Boulevard. Chair Maa requested clarification for whether the artwork could be larger and more visible. MIG Consultant clarified that they are looking at how to best leverage the experiences for added value, working with local artists who can work within a public setting and playground, and within budget. Clarified the artwork is aspirational with reality applied. Chair Maa requested clarification on the definition for local artist. MIG Consultant clarified within the Bay Area. CIP Manager Michael added the functional capacity of the art is important given it is an all-inclusive playground. Commissioner Agrawal requested clarification on whether the consultant has thought about using local schools and kids to provide ideas for what they want to see in their playgrounds. MIG Consultant Erikson clarified that they had a variety of public engagement opportunities that has helped generate the ideas. Chair Maa requested clarification on whether the priority is it to get a local artist, or is the priority to get the best art, somewhat local, and fits within the budget. MIG Consultant clarified it is the second – to get the best art, somewhat local, and fits within the budget. Clarified there are specific code requirements that need to be met, but the goal is still to get as much local, Bay Area involvement as possible. Chair Maa requested whether it is possible the commission can receive information on the tradeoffs that are taken into consideration when the consultant returns to present at the next meeting. Commissioner Rohra supported the art concepts being sensory, visual, and auditory. Commented on the multilingual tactile entry sign and emphasized to add as much interactive and learning components, and if possible, incorporating a technology component. Chair Maa requested clarification on the feedback being requested from the commissioners. MIG Consultant Erikson clarified that as they move forward in utilizing the allocated art in-lieu funds for Jollyman, the commissioners are being asked to provide feedback on the options to explore a kaleidoscope, musical bench or musical walk, and a tactile map. Vice Chair Wang requested examples of the types of feedback that was received from the community and how that led to the proposed designs. MIG Consultant Erikson commented that the types of different activities and overall components were brought out from the public outreach. CIP Manager Michael added that the public outreach process and input for the project can be found on engagecupertino.org. Chair Maa opened public comment. Peggy Griffin supported the addition of color and sound to the playground. Commented that although the tactile entry sign is needed, it should not be considered artwork, and the funds to cover the sign should come from the original project funding, not the in-lieu funds. Requested that Spanish be added to the sign given that 25% of the population in Santa Clara County are Hispanic and this will be a regional playground with different demographics. Commented that the art features proposed, excluding the tactile entry sign, are considered artwork if done by an artist, not a huge company. Recommended the commission direct staff to 1.) not include the tactile entry sign as artwork, 2.) be specific on the recommendations for approval, and 3.) not to use the full $338,000 on the Jollyman playground and leave some for other public areas. Lisa Warren supported the addition of color and expressed concern about the tactile entry sign. Supported Vice Chair Wang’s comments regarding inclusion of as many people as possible in one spot, and adding a multi-sided sign should be considered. Requested clarification on how loud the music feature is given there will likely be people with audio sensitivity, but appreciated that the proposed location is further away from the basketball court. Rhoda Fry requested clarification on the budget for the Jollyman playground and commented that these are items the community would expect to find in an all-inclusive playground. Emphasized that it is up to the commission to decide whether it is art or not and encouraged the commissioners to watch the [May 2] City Council meeting. Requested the use of other funds such as the extra Library hours budget of $600,000 instead of public art funding. Commented that although the kaleidoscope looks good, she questioned whether it was art or not, commented on the musical bench and suggested a commercial product which could be less expensive and require less maintenance, and commented that the tactile entry sign is something that should already be included. Commissioner Agrawal supported the project and requested clarification on whether there will be recyclable materials used. CIP Manager Michael clarified that the materials haven’t been selected yet but emphasized that it does need to be safe and durable. Commissioner Rohra supported the concepts and commented that not only will it attract the local community but visitors as well and she is looking forward to more details and specifics. Commissioner Ford supported the addition of languages and the musical walk over the bench due to accessibility. Chair Maa commented that although there are budget constraints, the commission can’t change the allocated funds, so she sees it as an opportunity to make sure the public art pieces selected elevate the space for the Cupertino community. Commented that the focus of the result should be compelling, distinctive, and highly engaged in prioritizing the residents. STAFF AND COMMISSION REPORTS Vice Chair Wang reported on the May Mayor’s Commissioners Meeting – reported on the Artist Awards on behalf of the Arts and Culture Commission at the meeting and requested to develop a policy and procedure for the use of art in-lieu fees. Shared two upcoming events from other Commissions and more details for both events can be found on the Cupertino website: - Parks and Recreation Commission shared the Disco at Dusk an Intergenerational Mixer on June 23 from 6:30-8:30 p.m. at the Cupertino Senior Center - TICC shared the Cybersecurity Education Forum on September 16 COMMISSIONER ATTENDANCE AT UPCOMING MEETINGS AND EVENTS Commissioners to attend the upcoming Mayor’s meetings as follows: June 14 – Commissioner Rohra July 12 – Chair Maa August 9 – Commissioner Ford Tentatively FUTURE AGENDA SETTING Chair Maa requested an overview process of the City Work Program. Commissioner Ford and Commissioner Rohra seconded. ADJOURNMENT Chair Maa adjourned the meeting at 9:29 p.m. to the July 24, 2023 meeting at 6:30 p.m. Respectfully Submitted by, Jessica Javier, Administrative Assistant Parks and Recreation Department Minutes approved at the 08.21.23 special meeting