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ACC 05-19-2025 Searchable PacketCITY OF CUPERTINO ARTS AND CULTURE COMMISSION AGENDA 10185 North Stelling Road, Quinlan Conference Room Monday, May 19, 2025 6:30 PM Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Quinlan Community Center, 10185 N. Stelling Road 2) The meeting will also be streamed live on and online at https://youtube.com/@cupertinocitycommission Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Quinlan Community Center. 2) E-mail comments by 4:00 p.m. on Monday, May 19 to the legislative body at artsand culture@cupertino.gov. These e-mail comments will also be posted to the City’s website after the meeting. Oral public comments may be made during the public comment period for each agenda item. Members of the audience who address the legislative body must come to the lectern/microphone and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of the March 24, 2025 Arts and Culture Commission Minutes Recommended Action: Approve the March 24, 2025 Arts and Culture Commission Minutes A - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) Page 1 1 Arts and Culture Commission Agenda May 19, 2025 minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR OLD BUSINESS 2.Subject: Study Session to revisit the Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art-in-lieu fee policy. Recommended Action: Receive a presentation and provide feedback for Staff. Staff Report A - Municipal Code Chapter 19.148 Required Artwork in Public and Private Developments B - Amended Policy (City Council Resolution No. 05-040) NEW BUSINESS 3.Subject: Presentation by SVCreates to the Commission about the functions and services the organization can provide to the City and Cupertino community. Recommended Action: Receive presentation. STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the members after publication of the agenda will be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at 10300 Torre Avenue, Cupertino, California 95014, during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do Page 2 2 Arts and Culture Commission Agenda May 19, 2025 not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. Page 3 3 CITY OF CUPERTINO Agenda Item 25-13996 Agenda Date: 5/19/2025 Agenda #: 1. Subject:Approval of the March 24, 2025 Arts and Culture Commission Minutes Approve the March 24, 2025 Arts and Culture Commission Minutes CITY OF CUPERTINO Printed on 5/14/2025Page 1 of 1 powered by Legistar™4 DRAFT MINUTES ARTS AND CULTURE COMMISSION Monday, March 24, 2025 At 6:33 p.m. Chair David Wang called the regular meeting to order at the Quinlin Conference Room, 10185 North Stelling Road, and via teleconference. ROLL CALL Present: Chair David Wang, Vice Chair Kiran Rohra, Commissioners Gurmeet S Lamba, and Archana Panda. Absent: Susan Chen APPROVAL OF MINUTES 1. Subject: Approval of the November 4, 2024 Arts and Culture Commission Minutes Recommended Action: Approve the November 4, 2024 Arts and Culture Commission Minutes Commissioners asked questions and made comments, which Senior Planner Martire responded to. MOTION: Rohra moved and Wang seconded to approve November 4, 2024 Arts and Culture Commission Minutes. The motion failed with the following vote: Ayes: Rohra, Wang Noes: None. Abstain: Lamba, Panda. Absent: Chen. POSTPONEMENTS – None ORAL COMMUNICATIONS - None CONSENT CALENDAR- None PUBLIC HEARINGS – None OLD BUSINESS – 2. Subject: Study Session to revisit the Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art-in-lieu fee policy. Recommended Action: Receive a presentation and provide feedback for Staff . Senior Planner Martire gave a presentation. Commissioners made comments and asked questions. Senior Planner Martire responded to Commissioner questions. 5 Arts and Culture Commission March 24, 2025 Commissioners made recommendations and gave Senior Planner Martire feedback. Senior Planner Martire recorded recommendations. These recommendations include: • Arts & Culture Commission to approve in-lieu payment option. • In-lieu payment and valuation of art pieces on private development shall be maintained at a consistent valuation of 1%. • The City shall create and maintain a separate art fund. • A potential use of art funding should be used to develop an arts Master Plan, and other Commission recommendations. Reference Chair Wang’s presentation from August 12, 2024. • City Council to be the decision-making body, upon recommendation by the Arts and Culture Commission, for the allocation of funds. • Commissioners to recommend 2-3 projects to potentially fund at May 19, 2025 meeting. NEW BUSINESS – 3. Subject: Election of Chair and Vice Chair Recommended Action: Elect a Chair and Vice Chair of the Arts and Culture Commission Commissioners made comments. Chair Wang opened the floor to nominations. MOTION: Commissioner Panda moved and Commissioner Lamba seconded to nominate Vice Chair Rohra as Chair. The motion passed with the following vote: Ayes: Rohra, Wang, Lamba, Panda Noes: None. Abstain: None. Absent: Chen. Commissioners made comments. MOTION: Chair Rohra moved and Commissioner Panda seconded to nominate Commissioner Wang as Vice Chair. The motion passed with the following vote: Ayes: Rohra, Wang, Lamba, Panda Noes: None. Abstain: None. Absent: Chen. STAFF AND COMMISSION REPORTS Vice Chair Wang gave the Commission logistical information about the Mayor’s Commissioner Meeting. Chair Rohra shared a document from the Mayor’s Commissioner Meeting. Commissioners asked questions and made comments. Senior Planner Martire presented future meeting dates to Commissioners. Commissioners and Senior Planner Martire discussed upcoming meeting dates and the Commission determined the meeting schedule. The set schedule is: 6 Arts and Culture Commission March 24, 2025 • May 19, 2025 • July 28, 2025 • September 22, 2025 • November 17, 2025 Senior Planner Martire discussed the upcoming Cupertino Scene magazine, and an article they would like to include, information about current and historical Commission activities, as well as information about the Arts Awards. FUTURE AGENDA SETTING Commissioner Panda discussed the upcoming cultural events and how Commissioners should have a presence at these events as well as city events. Chair Rohra seconded. Commissioner Lamba asked for visibility into future developer activities. Senior Planner Martire provided direction on to how to view these upcoming projects on the website. Vice Chair Wang announced that someone from the Marina Plaza development project reached out to the Commission. Senior Planner Martire discussed Community meetings that are developer run, where decision makers are invited to attend. Commissioners discussed specific dates and invitation information. Commissioner Lamba offered a field trip to the Palo Alto Arts center, to have the director walk around and discuss items. Commissioner Panda also brought up Sunnyvale as well. The Commission determined that this could possibly violate the Brown Act, but it would be clarified with the City Attorney. Vice Chair Wang seconded. Senior Planner Martire discussed how SV Creates does events that the Commission could attend. ADJOURNMENT At 8:04 p.m. Vice Chair Wang adjourned the Regular Arts and Culture Commission Meeting. Minutes prepared by: Lindsay Nelson, Administrative Assistant 7 CITY OF CUPERTINO Agenda Item 25-13997 Agenda Date: 5/19/2025 Agenda #: 2. Subject:Study Session to revisit the Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art‐in‐lieu fee policy. Receive a presentation and provide feedback for Staff. CITY OF CUPERTINO Printed on 5/14/2025Page 1 of 1 powered by Legistar™8 ARTS AND CULTURE COMMISSION STAFF REPORT Meeting Date: May 19, 2025 Subject Study Session to revisit the Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art‐in‐lieu fee policy. Recommended Action Receive a presentation and provide feedback for Staff. Discussion On April 3, 2024, the City Council approved the FY 2024‐2025 City Work Program with a total of 20 projects. One of the new projects that is aligned with Council’s Quality of Life goals is associated with art in public and private areas. This requires revisiting the City’s Municipal Code standards for art in public and private development, including the standards in the Municipal Code and developing an Art‐in‐lieu fee policy. The Municipal Code Chapter 19.148: Required Artwork in Public and Private Developments, is the standard of which the City currently uses for evaluating art in the City. Further, the City Council on March 1, 2005, approved Resolution No. 05‐040 adopting guidelines for the selection of public art. Prior Arts and Culture Commission Meeting On September 23, 2024 and March 24, 2025, Arts and Culture Commission meetings, staff presented this item for consideration. The Commission asked questions and made comments. The recommendations included: • Arts & Culture Commission to approve in‐lieu payment option. • In‐lieu payment and valuation of art pieces on private development shall be maintained at a consistent valuation of 1%. • The City shall create and maintain a separate art fund. • A potential use of art funding should be used to develop an arts Master Plan, and other Commission recommendations. Reference Vice Chair Wang’s presentation from August 12, 2024. • City Council to be the decision‐making body, upon recommendation by the Arts and Culture Commission, for the allocation of funds. The Commission moved staff to provide redline versions of the Municipal Code and Policy for review at the May 19, 2025 meeting. Attachment A provides the redline version of CMC Table 19.12.030 Approval Authority and Chapter 19.148: Required Artwork in Public and Private Developments. These changes allow the Commission ultimate decision making on art in‐lieu payment options, and lower the contribution percentage. Attachment B provides an amendment to the City’s existing Policy (City Council Resolution 9 No. 05‐040) by establishing a separate art fund, as well as parameters for what the funds can be spent on. Next Steps The Art and Culture Commission's recommendations will be forwarded to Planning Commission and City Council for consideration at a future study session. _____________________________________ Prepared by: Gian Paolo Martire, Senior Planner Attachments: A ‐ Municipal Code Chapters 19.12. 19.148 Required Artwork in Public and Private Developments (redline) B – Amended Policy (City Council Resolution No. 05‐040) 10 Print CHAPTER 19.12: ADMINISTRATION Table 19.12.030 - Approval Authority Type of Permit or Decision A, B Administrative Review A,B Arts and Culture Commission Planning Commission City Council Public Hearing/ Public Meeting/ Comment Period C Noticing Radius D Posted Site Notice Expiration Date E Chapter/ Findings *ALL ROWS ABOVE UNCHANGED* Public Art Architectural and Site Approval Permits Public Art - F - A1 PM None None None 2.80 and 19.148 Art in lieu payment - FR - FA1 PM None None None 2.80 and 19.148 11 Print 2/5 CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE DEVELOPMENTS 19.148.010 Purpose and Intent. The purpose of this chapter is to provide a review framework for public art in both public and private developments in the City of Cupertino, commensurate with the following specific goals, as described in the Cupertino General Plan: A. Enhance community character and identity; B. Provide attractive public arts to residents and visitors alike; C. Stimulate opportunities for the arts through cooperative relations between local business and the City. 19.148.020 Applicability of Regulations. A. Any development of ten thousand sq. ft. or larger involving construction of new buildings and/or the expansion of existing buildings shall be subject to the requirements of this chapter. B. Additional artwork not mentioned in this chapter by means of specific plan, permits or other discretionary review may be required when deemed appropriate by the City Council. 19.148.030 Permitted Artwork. Types of art that may be used to satisfy the requirements of this chapter include, but are not limited to, the following: A. Sculpture: in-the-round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials; B. Painting: all media, including portable and permanently affixed works, such as murals; C. Graphic arts: printmaking, drawing, calligraphy and photography, but only when on a large public scale; D. Mosaics; E. Functional artwork created by a professional artist, such as benches, tree grates or trash receptacles; F. Any other form of work of art determined by the Arts and Culture Commission to satisfy the intent of this chapter. 19.148.040 Ineligible Artwork. The following shall not be considered eligible to satisfy the requirements of this chapter: A. Reproductions of original works of art, whether by mechanical or other means. However, permitted 12 Print 3/5 artwork may include limited editions, controlled by the artist, of original prints, cast sculpture, photographs, or other art forms; B. Directional or other functional elements such as supergraphics, signing, or color coding, except where those elements are integral parts of original signed artworks; C. Art objects which are mass-produced from a standard design, such as playground equipment, fountains, flags or banners; D. Landscaping and garden features, except where these elements are designed by the artist and are an integral part of a fine artwork. 19.148.050 Application Procedures for Public Artwork. A. An application for public artwork shall include all requirements of Chapter 19.12. B. Application for public art for a new development shall be made in conjunction with the review of the permits for the entire project, in order that the design and location be taken into consideration at the time of architectural and site planning, as outlined in Chapter 19.168. C. The Arts and Culture Commission shall review for approval the public art application and artwork. The decision of the Arts and Culture Commission may be appealed in accordance with Sections 1.16.020 and 19.12.030 of the Cupertino Municipal Code, or as amended. 19.148.060 Design Criteria and Artist Qualifications. It is the intent of this chapter to provide for public art on private property without imposing the artistic preferences of the City on the owner or the developer of the property. Artistic preferences are to be primarily those of the owner or developer of the property, but the artwork and its location is subject to approval of the Arts and Culture Commission. A permit required pursuant to Section 19.148.050 shall be granted upon a showing by the applicant that the proposed artwork meets the following criteria: A. The artwork is of a nature specified in Section 19.148.030. B. The artwork requirement is to be satisfied with one significant piece of artwork, except that the requirement may be met with several works of art when specifically found by the Arts and Culture Commission to fulfill the intent of this chapter. The artwork shall be an integral part of the landscaping and/or architecture of the buildings. C. The artwork shall be easily visible from the public street and be located in an area specifically designated on the project site plan. Appropriate locations include, but are not limited to, entryways to the property, greenbelts, and building exteriors. The artwork must be in permanent view to motorists and pedestrians. Artwork located at the entrance to a development should make a major statement and be visible from the main parking lot, if any. When located in proximity to major traffic thoroughfares, the artwork should be at a motorist's scale and oriented toward the view corridor of the motorist. 13 Print 4/5 D. Artwork located along Stevens Creek Boulevard or De Anza Boulevard corridors shall be large in scale and oriented to the view corridors of the motorist. Appropriate artwork in these corridors will most likely be sculptural: however, other forms of art may be considered if consistent with the intent of this chapter. Artwork should have a visual impact upon passengers in a moving vehicle or pedestrians not less than 100 feet away. E. The composition of the artwork shall be of permanent materials requiring a low level of maintenance. Materials used shall be durable and resistant to graffiti and the effects of weather. F. The nature and style of the artwork shall be considered in the context of other artwork in the surrounding area in order to encourage a wide range of art styles and materials, and to create a balanced and interesting aesthetic appearance. The developer is encouraged to give preference to artists living or working in the San Francisco Bay area, and to avoid using artists whose work is already displayed as public art within the City of Cupertino boundaries. G. Because the artwork will necessarily be highly visible to the public and be associated with City requirements, expressions of obvious bad taste or profanity shall not be approved. H. Water and/or electronic sculpture may be permitted if adequate assurance of continued maintenance is provided. I. Artwork shall be identified by an appropriate plaque or monument measuring not less than eight inches by eight inches. The plaque shall be made of a durable, permanent material and shall be placed near the artwork, and shall list the date of installation, title and artist, and medium. J. The artwork shall be a permanent, maintained fixed asset of the property, and statements to this fact shall be attached or recorded to the existing CC&R's or otherwise recorded on the property deed, to advise subsequent property owners of their obligations to maintain the artwork. K. The proposed artwork shall meet the criteria for review as set forth in the City of Cupertino Public Art Program Guidelines for Selection of Public Art, as originally adopted by the City Council Resolution No. 05-040, or as later amended. L. The artist's qualifications will be evaluated and examples of past work may be reviewed. The review, however, shall be primarily for the purpose of determining the artist's experience with artwork of monumental proportion. 19.148.070 Minimum Artwork Value. The minimum expenditure for the artwork, including but not limited to design, fabrication, and installation, shall be one percent of the construction valuation, with the following tiers: A. 1% of the first $100 million of construction valuation. B. 0.9% of construction valuation for valuation in excess of $100 million. 19.148.080 Maintenance Requirements. The property owner shall maintain the artwork in good condition continuously after its installation, as 14 Print 5/5 determined appropriate by the City. Maintenance shall include all related landscaping, lighting, and upkeep, including the identification plaque. Artwork required or approved pursuant to this chapter cannot be removed, except for required maintenance or repair, unless approved by the City; at which time the City may require replacement or relocation of the artwork. In the event that the artwork is located in the public right-of-way, a maintenance agreement with the City shall be required. 19.148.090 In Lieu Payment for Artwork is Discouraged. In some instances the placement of artwork on a particular property may not be feasible. The developer or property owner may apply to the Arts and Culture Commission for an in lieu payment alternative on projects that lack an appropriate location for public art., although such alternative is strongly discouraged. In such cases, an in lieu payment of 1. 25% of the construction valuation may be made to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19.12.030. 15 CITY COUNCIL ART IN-LIEU FEE POLICY Citywide Policy Manual Policy # TBD Attachments: City Council Resolution No. 05-040 Effective Date: November XX, 2025, per Resolution 25-XX Responsible Department: Community Development and Public Works Related Policies & Notes: Guidelines for Selection of Public Art, Municipal Code Chapter 19.148 City Council or Administrative Policy: City Council Purpose The purpose of this policy is to provide a process for any request to pay the City an alternative in-lieu fee. The policy also provides amended guidance to the City staff, and the Arts and Culture Commission for purchasing existing artwork and for commissioning artists to create new artwork for the City. In instances where the placement of required artwork on a particular development is not feasible, the Arts and Culture Commission can approve an alternative in-lieu payment in the amount of 1% of the construction valuation to the City, pursuant to the approval authority provisions of Cupertino Municipal Code Chapter 19.12.030. Application of such alternative in-lieu fee can be found in Municipal Code Chapter 19.148. The policy will ensure that any art in-lieu fees collected are spent in accordance with existing policies and ordinances. Public Art Fund A separate Public Art Fund will be established with in-lieu fees collected from developments. The in-lieu contributions in the Public Art Funds can only be used for the commissioning, acquisition, fabrication, design, and installation of public art. Spending of funds shall be determined by the City Council based on the recommendation of the Arts & Culture Commission. Additionally, as the in-lieu developer fees are unpredictable in nature and can only be considered as one-time revenues, they shall not be allocated for delivering ongoing city services. As such, General Fund contributions will be required for any City of Cupertino public art programming, including, but not limited to, staffing and administration of said programs; gallery and exhibit operations; website and publicity development; and workshops, curriculum, and tour development. Fund Distribution Public art funds shall be distributed in a manner that is consistent with the Guidelines for Selection of Public Art (City Council Resolution No. 05-040), as well as the standards as mandated in Cupertino Municipal Code Chapter 19.148. The general cost for each individual public art piece is unique. However, the City shall strive to limit soft costs, including, but not limited to installation and consultant fees, to 20-25% of the project budget. Each project shall incorporate a contingency range of 10-20% for unanticipated cost overruns. 16 RESOLUTION NO. 05-040 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ADOPTING GUIDELINES FOR THE SELECTION OF PUBLIC ART WHEREAS, the City Council has expressed its support for public art in the community; and WHEREAS, the City has acquired public art through direct purchase or commission, as well as in the form of a gift or loan; and WHEREAS, the City Council wishes to have consistent guidelines for the acquisition, placement, and documentation of future acquisitions. NOW, THEREFORE, BE IT RESOLVED: 1.That the General Guidelines for the Selection of Public Art are adopted; and 2.Staff and Council members are directed to refer to these guidelines when purchasing and commissioning public art, or when accepting loans and gifts of public art. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino on the 1st day of March 2005, by the following vote: Vote Members of the City Council AYES: Kwok, Lowenthal, Sandoval, Wang, James NOES: None ABSENT: None ABSTAIN: None ATTEST:APPROVED: s/ Kimberly Smith s/Patrick Kwok City Clerk Mayor, City of Cupertino 17 I «. CITY OF PERJ'INO City of Cupertino Public Art Program Guidelines for Selection of Public Art Prepared by the Cupertino Fine Arts Commission Adopted by City Council on March 1 , 2005 Resolution No. 05-040 18 City of Cupertino Public Art Program General Guidelines for Selection of Public Art Purpose 3 Scope 3 Goals 3 Guidelines 4 Consultants 4 Criteria and Conditions for Selection of Art Work 4 Acquisition Procedures 5 Gifts 6 Title 6 Copyright 6 Placement and Exhibition 7 Access 7 Preservation and Maintenance 7 Documentation 7 Insurance 8 Deaccessioning Works of Art 8 Gift Receipt 9 Bill of Sale 10 Art Exhibition Agreement 11 Right of Entry and Indemnification Agreement 12 Catalogue of Art and Sculpture 14 2- 19 City of Cupertino Public Art Program General Guidelines for Selection of Art Purpose The City of Cupertino Fine Arts Commission desires to create an artistic visual identity for the city by placing artworks in various locations. The purpose of this public art policy is to provide a process through which the city can accept art work, including loans or gifts of public art. The policy also provides guidance to the city and the Arts Commission for purchasing existing art work and for commissioning artists to create new art work for the city. Scope This public art policy applies to the installation of all art work, including that which is loaned to the city for more than three months, donated, purchased, or commissioned by the City of Cupertino for public display. Public art exhibitions under three months' duration are facilitated by the Commission. Additional people may be chosen by the Commission to form an ad hoc committee to aid in the selection of art for the city, including: A. A member of the Fine Arts Commission B. A member of a city commission from the area affected (parks, library, etc.) C. A professional in the field of arts, which may include a professional artist, art administrator, museum professional, architect, etc. D. A person from the community at large Goals A. To develop the criteria for selecting public works of art by developing policies and setting clear guidelines and objectives B. To acquire art for the City of Cupertino's temporary and permanent collection of both sited and portable art works, through purchase, competition, loan, donation, and commission C. To identify possible funding sources D. To identify potential outdoor sites on public lands and inside public buildings that are appropriate for placing completed artworks 3- 20 Guidelines The following are guidelines for selecting artists and public art works: A. A wide variety of visual media and materials will be considered B. Materials used should require minimum maintenance and be maximally resistant to vandalism C. Environmental and public liability concerns will be considered in the selection of art D. The selection of artists will not be restricted by age, gender, or ethnic background E. The artist should have proven ability and experience in designing, producing, managing and installing art work, including large-scale public art work, if necessary F. When public funds are used, members of the community surrounding the location of the future art work may be invited to a public forum to discuss the art project in order to foster community appreciation of the art piece G. A timeline shall be developed to coordinate and educate parties involved in the project and to structure an overall plan for its completion. Consultants It may be desirable to involve the selected artist and/or a public art consultant to work with a project design team at the conceptual phase of architectural planning in order to integrate the art work into the site. If an artist has not yet been selected, a consultant may be asked to offer art options and selection procedures. The function of the consultant will be to foster communication among people with differing backgrounds (e.g. artist, developer, planner, public works, architect, landscape architect, engineers, attorney, community), and to manage the fabrication and/or installation of the art work. The consultant will be selected by the Cupertino City Council upon the recommendation of the Fine Arts Commission, and in conjunction with other affected commissions as needed. Criteria and Conditions for Selection of Art Work A. The city shall maintain a responsible collection, maintenance, and de-accession policy and procedure for art works that are accepted as part of the city's Public Art Program. B. No acquisition shall be accepted without approval by the City Council. The City of Cupertino may refuse a gift of art for any reason, and in particular if the city cannot provide for the storage, protection, and preservation of the work under suitable conditions, or if the art work does not meet the selection criteria of this document. 4- 21 C. Acceptance of art work shall be confirmed by means of an agreement between the donor or artist and the city, including art work that is loaned for a defined period of time with the lender retaining title to the art work D. The following criteria shall be used in determining whether an art work is acceptable: 1. Aesthetics: It is deemed to be an art work of lasting aesthetic value that enhances the city's cultural environment by being receptive, respectful, and stimulating, and it contributes to the comprehensive record of visual arts for the community. 2. Quality: There is an inherent quality in the art work itself(i.e. the City of Cupertino shall not necessarily accept art work based solely on the artist's overall reputation) 3. Style: An art work shall be compatible in scale, materials, form, and content with its surroundings 4. Permanence: Consideration shall be given to structural and/or surface soundness, resistance to theft, vandalism, weathering, and maintenance and repair costs 5. Public Liability: Each art work shall be examined and approved for safety conditions and factors which may bear upon public liability 6. Variety: The overall Public Art Program shall consider variety in style, scale, and materials 7. Technical Feasibility: (For purchases or commissions) Each proposed art work shall be examined for convincing evidence of the artist's ability to successfully complete the art work as proposed 8. Duplication: To assure that the art work will not be duplicated, the artist shall be asked to warrant that the art work is unique and an edition of one, unless stated to the contrary in the contract. (Multiples shall be considered for selection at the city's discretion) E. The city shall make no promises to exhibit art work permanently or to maintain art work as the property of the city in perpetuity. Acquisition Procedures All potential acquisitions, whether gifts, donations, purchases, commissions, or loans of art to the City of Cupertino must be reviewed by the Fine Arts Commission and approved by the City Council or its designee. Works of art may not be accepted if the city cannot provide for the display, storage, protection and preservation of the work under conditions that insure its availability to the public, and insure its permanency in the city's collection. 5- 22 Methods of acquisition shall include the following: Direct purchase Direct commission Gift or Donation Temporary Loan Permanent Loan Competition Temporary Exhibit Gifts All items accepted as gifts by the City of Cupertino will become the exclusive and absolute property of the City of Cupertino and may be displayed, loaned, retained or disposed of in the best interests of the City of Cupertino. The City of Cupertino will not, and shall not be required to carry any insurance against loss or destruction of or damage to such item. The City of Cupertino will not be required to exercise greater precautions for the care and the safety of such objects than it exercises with respect to its own property of same or similar nature. If the City of Cupertino decides not to accept the item and so notifies the owner, the owner has sixty(60) days from the date of notification to reclaim the item. If the item is not reclaimed, the City of Cupertino shall have the right to dispose of such property in any manner it may choose, or to place it in storage at the owner's risk and expense. The City of Cupertino may require a written order from the owner (or his duly authorized agent or legal representative)before it returns the item described in the agreement. See sample Gift Receipt on Page 9) Title Title to the works of art acquired for the permanent collection shall be transferred to the city of Cupertino. A contract between the city and artist or agent will be entered for loaned art. Copyright Works of art acquired through the acquisition process described above shall require a copyright agreement with the artist prior to acquisition, so that the city can make arrangements to use reproductions of the work for publicity and professional purposes, without infringing on the artist's copyright. Institutions or individuals interested in reproducing works of art in the City of Cupertino collection shall contact the staff liaison to the Fine Arts Commission in writing to request reproduction privileges. 6- 23 Placement and Exhibition To ensure excellence in the work's physical embodiment of the principles of design, the involvement of an art professional in aesthetic decision-making is desirable. Sited works will be appropriate to the location, i.e. be proportionate in size and be appropriate for the setting. When making a recommendation to the City Council, the Fine Arts Commission shall take into consideration the site map of proposed city locations for artwork. Sited works may reflect the history and culture of the area. The following factors will be considered prior to placing art works: Visibility Lighting Public safety Traffic patterns (interior, exterior, pedestrian and auto) Relationship to existing art work, architecture, and natural features in the vicinity Future development plans for the area See sample agreements on Page 11-13) Access Works of art from the city collection shall be on public view in locations accessible to members of the public during regular business hours, unless other arrangements are agreed upon between the artist and the city. Preservation and Maintenance The Fine Arts Commission will conduct regular inspections and inventory all items in the collection to determine their condition and location, in order to identify any needed maintenance or restoration. Documentation The Fine Arts Commission, with the assistance of the staff liaison, will develop and maintain the archives and records of the city's collection (see sample Catalogue Form on Page 12) Information provided by the artist shall include: Photographs of work provided by the artist (preferably both digital and film) Written description of work provided by the artist Care and maintenance recommended by the artist Condition of the artwork when received and upon regular inspection Financial appraisal of the art work provided by the artist Location and date of installation A record of the purchase price and all correspondence pertaining to the artwork and its acquisition Artist's biography 7- 24 Information maintained by the city shall include: An electronic catalogue entry of each object in the collection, (see sample Catalogue Form in appendix) All correspondence between the artist and the city Insurance Works of art that are on loan or temporary exhibit are insured as set forth in the contract with the artist or agent. The contract shall provide a full description of the art work, and insurance coverage shall include installation and removal of the art work as well as the period of time when it is to be on loan or exhibit. Deaccessioning Works of Art 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. This Civil Code includes Section 985, "Sale of Fine Art", which provides that the artist is due 5% of any proceeds if the art work is sold, and Section 987, "Protection of Fine Art,", which protects artwork from destruction or alteration, and extends the legal rights of protection to the artist's heirs or beneficiaries for 50 years after the artist's death. Funds received by the City from the public sale of art works from the collection shall be directed back to the purchase of works of art for the collection, or for the conservation of objects in the collection. See sample Bill of Sale on page 10) 8- 25 CITY OF CITY OF CUPERTINO CUPEkTINO Gift Receipt Possession of the art work listed on the face of this receipt is accepted by the City of Cupertino subject to the following conditions: 1. All art work accepted by the City of Cupertino will become the exclusive and absolute property of the City of Cupertino and may be displayed, retained, destroyed or disposed of in the best interests of the City of Cupertino. 2. The City of Cupertino will not, and shall not be required to carry any insurance against loss or destruction of or damage to such item. The City of Cupertino will not be required to exercise greater precautions for the care and the safety of such art work than it exercises with respect to its own property of same or similar nature. 3. The undersigned, herein called "Donor," hereby assigns, transfers and gives to the City of Cupertino, herein called "City," its successors and assignees, the rights to the art work described as follows: (Please provide all pertinent information in block letters) Title Artist's name(s) Materials/media Donor's estimated value Dimensions Weight 4. The gift is made by Donor unconditionally and without the reservation of any right, claims or interest in the above described personal property. Donor affirms that he/she owns said artwork and that to the best of his/her knowledge, has good and complete right, title and interest to give it to City. Donor hereby releases City from all liability with respect to any loss or damages to the artwork referred to in this agreement. Donor agrees that City shall not cover such artwork with insurance. I have read and understand the conditions of the Gift Receipt. DATE: DONOR SIGNATURE: The City of Cupertino acknowledges receipt of your offer to give the City of Cupertino the item described on this page. Formal notification of action on this offered gift will come after the regular meeting of the Cupertino City Council. DATE: CITY MANAGER SIGNATURE 9- 26 s • CITY OF CUPEkTINO CITY OF CUPERTINO Bill of Sale In consideration of the receipt of the sum of the receipt of which is hereby acknowledged, the undersigned residing at address: in the City of County of State of California, hereby sells, assigns and transfers to residing at address], in the City of State of California, the following attached insert description of art], entitled " Dated Signature Acknowledgement] 10- 27 CITY OF CITY OF CUPERTINO I JPERJINO Art Exhibition Agreement Artist)hereby deposits and loans the artwork described on the attached Receipt to the City of Cupertino for exhibition in for the period from to on the following terms and conditions: Standard of Care: Unless otherwise agreed to by the Artist,the City will exercise the same care with respect to the art referred to on the Receipt for Loan of Art(the"art") as it does in the safekeeping of comparable property of its own. Photography and Documentation: Unless the City is notified in writing to the contrary, the work(s)may be photographed and reproduced for City's private purposes. The City assumes the right,unless specifically denied by the Artist, to examine the work(s)by all modern photographic means available, and it is understood and agreed that information thus gathered will remain confidential and will not be published without the written consent of the Artist. Artist also recognizes and understands that the exhibition will occur in a public place where public mee':ings and events will occur that are subject to photography and other video recording as a matter of law, and Artist expressly permits incidental photography or other video recording under such circumstances. Return of Artwork: Art works accepted by the City on lean will not be returned to anyone other than the Artist except upon receipt of written order from the Artist or Artist's duly authorized agent or legal representative. The Artist shall not remove any of the artwork from the exhibition location during the specified loan period without the written consent of the City. In the case of death or incapacity of the Artist,the legal representative of the Artist is requested to notify the City as soon as possible, giving his or her full name and address in writing. The City may request the return to the Artist of any property deposited with it by written notice directed to the Artist. If the City, after making reasonable efforts and through no fault of its own, shall be unable to return the art within thirty(30) days of such notice,then the City shall have the absolute right to place the art in storage and to charge removal fees and costs. ][f, after six(6)months, the art has not been reclaimed, then in consideration for its storage and its efforts to safeguard the artwork during such period, the work(s) shall be deemed an unrestricted gift to the City. Even if the Artist does not remove the artwork on the date requested or on the date provided by this Agreement, whichever is earlier, the City may proceed to remove the art work from exhibition and install a different exhibition or store the Artist's artwork as provided in the previous paragraph. Limit of Liability. Artist agrees and understands that Artist has designated the Artist's signed price of each artwork item in the Receipt attached to this Loan Agreement and further agrees and understands that in no event shall the City be liable to the Artist for any amount in excess of the itemized signed price for any damage that may occur to any of the items of art. By accepting the artwork on loan, it is not implied in any way that the City has accepted the signed price as the actual value of the artwork,but only that this establishes the maximum liability of the City in exhibiting or storing the artwork. The undersigned understands and accepts this agreement. Artist Signature: Date: Address: Phone: Email:Fax: 1 1- 28 CL J CITY OF CUPERTINO CITY OF Right of Entry and Indemnification AgreementUPE(TINO for Publicly Displayed Artwork This Right Entry and Indemnification Agreement ("Agreement") is made and entered into this day of 2 , by and between the CITY OF CUPERTINO, a municipal corporation of the State of California("City") and__ Exhibitor"). RECITALS WHEREAS, City wishes to encourage activities designed to enhance the aesthetics of the City of Cupertino; and WHEREAS, City is the owner of certain property located at in the City of Cupertino, County of Santa Clara("the Premises"); and WHEREAS, Exhibitor desires to erect a piece of an on a portion of the Premises for the period of to NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. City grants to Exhibitor permission to enter upon that portion of the Premises outlined in red on Exhibit A, attached hereto, for the purpose of erecting a piece of art entitled The installation of the piece of art shall be at the sole cost and expense of Exhibitor, and such costs shall include any City permit and other fees, which Exhibitor shall pay on demand to City. SECTION 2. The right of entry granted herein shall be effective as of and shall terminate on SECTION 3. The piece of art shall be maintained by Exhibitor at all times in a safe, neat, and good physical condition. City shall be the sole judge of the quality of maintenance. If City is not satisfied with the maintenance by Exhibitor, Exhibitor, upon receipt of written notice submitted by the City through its City Manager which states in general terms the manner of required maintenance, shall perform the required maintenance. SECTION 4. Upon the expiration or earlier termination of this Agreement, Exhibitor, at his sole cost and expense, agrees to immediately remove the piece of art from that portion of the Premises and restore the site of the sculpture on the Premises to its original condition. If the Exhibitor fails to exercise his duties under this Section, City shall have the right to remove the piece of art, store it, and restore the Premises at no cost or liability to City. Exhibitor covenants and agrees to reimburse City for any removal, storage, and/or restoration costs and expenses. SECTION 5. The parties agree that City shall in no way be responsible for any loss of or damage (including defacement) to the piece of art or for any property belonging to or rented by Exhibitor, its officers, servants, agents, or employees that may be stolen, destroyed or in any way damaged during the erection or maintenance of the piece of art at the site on the Premises. 12- 29 SECTION 6. Exhibitor agrees to indemnify, defend and hold harmless the City, its officers, agents, servants and employees against any claims or suits for loss or damage to personal property and damage or injury, including death, to any person or persons, arising out of or in connection with the existence, maintenance, use, or location of the piece of art on the Premises, whether or not caused, in whole or in part, by the alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of Exhibitor or City. Exhibitor agrees to assume all liability and responsibility of City, its officers, agents, servants and employees for those suits or claims. Exhibitor agrees to indemnify City for any injury or damage to the Premises, whether arising out of or in connection with any acts or omissions of Exhibitor or his officers, agents, employees, contractors, subcontractors, licensees, or invitees or caused in whole or in part by the alleged negligence of City's officers, agents, servants, employees, contractors, subcontractors, licensees, or invitees. SECTION 7. Exhibitors shall obtain and maintain until completion and acceptance of the work required by this Agreement at least all of the minimum insurance requirements required by the City's Risk Manager as specified in Exhibit B, attached hereto, prior to installation of the piece of art. Exhibitor understands and agrees that such insurance amounts may be revised or waived at any time at City's option, and Exhibitor agrees to comply with and provide any insurance revisions requested by City within five (5) days following receipt of notice of those requirements by Exhibitor. SECTION 8. This Agreement is personal to Exhibitor and is not assignable, and any attempted assignment of this Agreement shall terminate the privileges granted to Exhibitor under this Agreement. SECTION 9. Exhibitor agrees that if any action, whether real or asserted, at law or in equity, is brought under this Agreement, venue for that action shall lie in the County of Santa Clara, California. SECTION 10. City and its agents and employees, at all times during the installation and erection of the piece of art, shall have the right of entry and free access to the sculpture site and the right to inspect all work done, labor performed and materials furnished in and about the sculpture site and to inspect all aspects of the installation of the sculpture. WITNESS THE EXECUTION HEREOF the day and year first herein above written. APPROVED AS TO FORM: CITY OF CUPERTINO, a municipal Corporation 13- 30 s City of CupertinonnwYp CITY of Catalogue of Art and Sculpture CUPERJINO Description Title: Subject Matter& Description: Date of Artwork: Dimensions: Materials & Condition: Location(s): Artist Name: Address: Telephone: Fax: Email: Website: Notes: Acquisition Date: Indicate method of acquisition: Direct purchase Direct commission Gift or donation Temporary loan/exhibit Permanent loan 14- 31 Purchase price, if applicable: Value (with date of appraisal, if applicable): City of Cupertino ID number Owner Name: Address: Telephone: Fax: Email:Website: Notes: Copyright Status Maintenance Recommended care and maintenance, and any special services or supplies necessary. Condition (indicate the date the art was last inspected): Images Attach photographs and/or digital images 32 CITY OF CUPERTINO Agenda Item 25-14009 Agenda Date: 5/19/2025 Agenda #: 3. Subject:Presentation by SVCreates to the Commission about the functions and services the organization can provide to the City and Cupertino community. Receive presentation. CITY OF CUPERTINO Printed on 5/14/2025Page 1 of 1 powered by Legistar™33