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FAC 11-28-2006 AGENDA FINE ARTS COMMISSION Regular Adjourned Meeting, Conf. Rm. A 10300 Torre A venue Cupertino Tuesday, November 28,2006 7:00 P.M. CITY OF CUPEIUINO CALL TO ORDER ROLL CALL ORAL COMMUNICATIONS PRESENTATIONS UNFINISHED BUSINESS 1. Review of artist's concept for Whole Foods public art requirement (continued from October 24) 2. Review of artist's concept for Pinn Brothers "Oak Park Village" public art requirement. (continued from October 24) 3. Preparation of a Percent-for-Art ordinance and "developer's guidelines" document (continued from October 24) 4. Status report on the policy for commercial sale of art displayed on city property (continued from October 24) 5. Consider expansion of Distinguished Artist A ward to different age groups and types of art APPROVAL OF MINUTES 6. Minutes of August 15 and October 24, 2006. NEW BUSINESS 7. Discussion of sculpture garden and/or sculpture locations in community. WRITTEN COMMUNICATIONS COMMISSIONER REPORTS 8. Arts-related news updates from Commissioners 9. Report regarding Mayor's meeting with commissioners . Select commissioner to attend meetings in January and February (date and time not yet fixed) STAFF REPORTS 10. Review of current ad hoc committee list November 28, 2006 Cupertino Fine Arts Commission Page 2 NEWS ARTICLES 11. Media coverage ADJOURNMENT NOTE: The meeting of December 26,2006 has been cancelled. The next regular meeting is scheduled for February 21, 2007. In compliance with the Americans with Disabilities Act (ADA), the City of Cupertino will make reasonable efforts to accommodate persons with qualified disabilities. If you require special assistance, please contact the city clerk's office at 408-777-3223 at least 48 hours in advance of the meeting. City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 kimberlys@cupertino.org CITY OF CUPEIUINO 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 F ALC was asked to remove the prices from 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 Arts 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. 1f -I Page 2 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 Teen Center may at times wish to showcase and sell the art created in their programs as a means of promoting the classes. RECOMMENDATION: 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: Approved for submission: Kimberly Smith City Clerk David W. Knapp City Manager 1-2- DRAFT MINUTES FINE ARTS COMMISSION Regular Meeting, Conference Room A 10300 Torre Avenue Cupertino August 15,2006 7:00 P.M. CITY OF CUPEIUINO CALL TO ORDER At 7:00 p.m. Chairman Robert Harrison called the meeting to order. ROLL CALL Present: Chairman Robert Harrison, and Commissioners Nancy Canter, Michael Harkins, Janet Mohr and Ann Woo. Staff present: City Clerk Kimberly Smith. APPROVAL OF MINUTES 1. Minutes of June 21, 2006. Commissioner Mohr moved to approve the minutes of June 21, 2006. Commissioner Harkins seconded and motion carried unanimously. PRESENTATIONS 2. Proposal for a Veteran's Memorial sculpture. City Clerk updated the Commission and distributed brochures. She indicated that an artist rendering is not yet available and that the sculpture is expected to be completed and installed sometime in 2007. ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS COMMISSIONER REPORTS 3. Arts-related news updates from Commissioners 4. Report regarding Mayor's meeting with commissioners (1 st Wed., 7:30 a.m.) Commissioner Harkins reported on the Mayor's meeting. Commissioner Mohr will attend the September meeting and Commissioners Harrison and Canter will attend the October and November meetings respectively. NEW BUSINESS NEW BUSINESS 5. Status report on reinstatement of grant budget. City Clerk reported that a $500 check was sent to this year's Distinguished Artist. Commissioner Canter moved to grant $2,000 to the Euphrat Museum.upon completion of a grant application. Woo seconded and motion carried unanimously. (0 -I June 21, 2006 Cupertino Fine Arts Commission Page 2 6. Consider amendments to the Guidelines for the Selection of Public Art. City Clerk updated the Commission regarding the update of the guidelines for selection of public art to include commercial sale of art displayed on city property. She stated that the City Manager requested that the item be reviewed by the Fine Arts Commission and that a recommendation be made to City Council for approval. Representatives from the Fine Arts League updated the Commission on the procedures currently in place for art that is displayed at the Quinlan Community Center and indicated that prices are displayed but arrangements for purchasing art are done directly with the artist. Discussion followed. Commissioner Harrison moved that a price list be available upon request at the Quinlan Center front desk. Canter seconded and motion carried unanimously with Mohr abstaining. UNFINISHED BUSINESS 7. Status of Distinguished Artist Award 2006 Commissioner Harrison reported on the award presentation. The item will continue to be placed on the agenda for future planning. 8. Preparation of a Percent-for-Art ordinance. The Commission discussed combining the selection guidelines document with one for developers. Commissioners Mohr and Harkins will work as a sub-committee to draft developer guidelines. This item will be placed first on the October agenda. STAFF REPORTS 10. Future Commission Meetings City Clerk indicated that the next meetings were currently scheduled for October 24 and December 26 and that city facilities will be closed during the week of December 25. The Commission concurred to meet on October 24 and November 28. NEWS ARTICLES ADJOURNMENT At 9:25 p.m. the meeting was adjourned. Kimberly Smith City Clerk and Staff Liaison 0-2 DRAFT MINUTES FINE ARTS COMMISSION Regular Meeting, Conf. Rm. A 10300 Torre Avenue Cupertino Tuesday, October 24,2006 7:00 P.M. CITY OF CUPEIUINO CALL TO ORDER At 7:03 p.m. Chairman Robert Harrison called the meeting to order. ROLL CALL Present: Chairman Robert Harrison, and Commissioners Nancy Canter, Michael Harkins, and Janet Mohr. Absent: Commissioner Ann Woo. Staff present: City Clerk Kimberly Smith. ORAL COMMUNICATIONS Hema Kundargi, a member of the Cupertino Library Foundation Board of Directors, invited the Fine Arts Commissioners to participate in "Cupertino Library Celebrates" and offer their suggestions for additions and improvements to the Cupertino Library. The event will be in the Community Hall on October 29 from 1-4 p.m. Three students from DeAnza College communication classes attended as observers. Chairman Harrison re-ordered the agenda to hear the New Business items next. NEW BUSINESS 5. Review of artist's concept for Whole Foods public art requirement. Karen Ngo, Project Manager with Sand Hill Property Company, reviewed their proposal for the public art requirement at the new Whole Foods Market located at 20955 Stevens Creek Boulevard. She explained that the sculpture was a trellis-type relief structure made of ~-inch diameter stainless steel rods, which formed the silhouette of a stylized tree. The wall behind the sculpture would be painted in four colors to represent the four seasons. The commissioners provided feedback and asked for information: . Developer to provide exact dimensions of corporate sign and wooden trellis feature (can those be modified?) . Developer to provide 3-d sketch of building, wood trellis and sculpture (will passing drivers be able to see the sculpture behind the trellis supports?) . Developer/artist to provide other color options for the wall behind the sculpture . Sculpture should be proportioned differently (so that it looks less "flattened"). . More abstract form in the sculpture may be acceptable, but if the intention is representational and organic, then the design should be modified so that it looks more like a tree . Concern that the ~ inch diameter rod would not be sufficiently visible from the street . Developer to provide information about Whole Foods plan for the outdoor cafe fountain . The installation should include an identifying plaque naming the sculpture and artist This item was continued to the meeting of November 28, unless the developer determined there would be insufficient time for fabrication and installation of the artwork by May, 2007. If necessary, the Fine Arts Commission members would be available for a special meeting. ,,-3 October 24,2006 Cupertino Fine Arts Commission Page 2 6. Review of artist's concept for Pinn Brothers "Oak Park Village" public art requirement. Chuck Bommarito of Pinn Brothers Construction and Robert Mowat, landscape architect, reviewed the proposal for public art at Oak Park Village located at 10745 N. DeAnza Boulevard. They explained that the "gateway" feature mentioned in the original staff report has been deferred to a later time and will be developed by the City, so the developer has paid an in-lieu fee of $25,000 for that requirement. The remaining requirement for public art is for a specific area near DeAnza Boulevard on a grassy area four feet above the roadway. The commissioners provided feedback and asked for information: . Current proposal is too small in scale (3 feet on top of 18-inch pedestal), and may have the look of a corporate logo. Developer to submit proposal for a taller, vertically-oriented sculpture . Some commissioners preferred another design by the same artist (3 vertically stacked cir~ular shapes), or recommended a larger sculpture by a different artist if the budget was an Issue . Commissioners prefer that the art work be lighted; developer to provide information on how illumination of the 40-foot window feature may impact the art work lighting This item was continued to the meeting of November 28, at which time the developer would submit a revised proposal UNFINISHED BUSINESS 1. Preparation of a Percent-for-Art ordinance and "developer's guidelines" document. Commissioners Harkin and Mohr reported that they had met several times to continue editing the draft document. They expected to have some materials ready for review by the entire commission at the November 28 meeting. 2. Consider amendments to the adopted Guidelines for the Selection of Public Art to address commercial sale of art displayed on city property (staff recommends continuance to a later meeting. Chairman Harrison distributed a letter to the Fine Arts Commission outlining his proposal for a policy regarding commercial sales of art. The commissioners agreed unanimously that the Quinlan Center was the appropriate place for exhibition and commercial sales of art, and that the Fine Arts League would be the major displayer of art in that facility, along with Distinguished Artists of the Year and instructors and teachers in the Quinlan Center art classes. They agreed that the staff liaison Kim Smith and Chairman Harrison would complete the draft policy so that it could be presented for City Council review and adoption at the next Council meeting. to-4- October 24, 2006 Cupertino Fine Arts Commission Page 3 3. Consider expansion of Distinguished Artist Award to different age groups and types of art. There was no discussion on this item and it was continued to the next meeting. APPROVAL OF MINUTES 4. Minutes of August 15, 2006. This item was continued to the next meeting. PRESENTATIONS WRITTEN COMMUNICATIONS COMMISSIONER REPORTS 7. Arts-related news updates from Commissioners None. 8. Report regarding Mayor's meeting with commissioners (1 st Wed., 7:30 a.m.) Commissioner Janet Mohr distributed a written report about the October meeting. Commissioner Canter confirmed that she would attend the November meeting. STAFF REPORTS 9. Review of current ad hoc committee list There was no discussion on this item. NEWS ARTICLES 10. Media coverage There was no discussion on this item. ADJOURNMENT 11. At 9:35 p.m., the meeting was adjourned to Tuesday, November 28, 2006, at 7:30 p.m. (Please note that will be the final meeting in the calendar year) Kimberly Smith, City Clerk and Staff Liaison (0-5