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FAC 08-31-04 CALL FOR A SPECIAL MEETING OF THE CUPERTINO FINE ARTS COMMISSION I CUPEIQ1NO NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Fine Arts Commission is called for Tuesday, August 31, 2004, at 6:30 p.m., to discuss the items on the attached agenda. Dated this 24th day of August, 2004 -It ~. 1t/4 ¿, ~-r1 ~ Kimberlismith City Clerk AGENDA FINE ARTS COMMISSION Special Meeting, Conference Room A 10300 TolTe Avenue Cupertino August 31, 2004 6:30 P.M. I F CUPEIQ1NO CALL TO ORDER ROLL CALL APPROVAL OF MINUTES 1. Minutes of the regular meeting of July 27, 2004 PRESENTATIONS ORAL COMMUNICATIONS WRITTEN COMMUNICATIONS COMMISSIONER REPORTS 2. Monthly meeting with Mayor James (3'd Tuesday, 7 a.m., Hobee's Restaurant) . Report from Chairperson Nancy Canter regarding the July meeting . Confirm representative to attend September and October meetings 3. Arts-related news updates from Commissioners UNFINISHED BUSINESS 4. Update on Art poster competition for Cupertino's 50th birthday (October 15,2005). NEW BUSINESS 5. Report on direction from City Council regarding accepting of sculpture of Cyrus the Great A. Commission to hold public hearing regarding placement . Schedule public hearing . Prepare notice wording . Prepare report and/or Powerpoint regarding potential locations, whether for individual pieces or a sculpture garden Commission to prepare policy recommendation regarding future donations of art B. STAFF REPORTS 6. Committee Roster (information item) August 31, 2004 Cupertino Fine Arts Commission Page 2 NEWS ARTICLES 7. Media coverage ADJOURNMENT 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. DRAFT MINUTES CUPEIQ1NO FINE ARTS COMMISSION Regular Meeting, Conference Room A 10300 Torre Avenue Cupertino July 27, 2004 CALL TO ORDER At 7:30 p.m., Chairperson Nancy Canter called the meeting to order in Conference Room A of Cupertino City Hall, 10300 Torre Avenue, Cupertino, California. ROLL CALL Present: Chairperson Nancy Canter and Commissioners Janet Mohr, Hema Kundargi, and Carl Orr. Absent: Commissioner Shirley Lin-Kinoshita. Staff present: City Clerk Kimberly Smith. APPROVAL OF MINUTES 1. Minutes of the regular meeting of June 22, 2004 Orr/Kundargi moved to approve the minutes as presented. Motion carried unanimously, with Lin-Kinoshita absent. PRESENTATIONS - None ORAL COMMUNICATIONS - None WRITTEN COMMUNICATIONS - None COMMISSIONER REPORTS 2. Monthly meeting with Mayor James (3m Tuesday, 7 a.m., Hobee's Restaurant) Commissioner Janet Mohr reviewed her written summary of the regarding the July meeting. Nancy Canter agreed to attend the August meeting, and Shirley Lin-Kinoshit will attend the September meeting. 3. Arts-related news updates from Commissioners UNFINISHED BUSINESS 4. Update on collaboration between Teen Commission and Fine Arts Commission for art for the "Down Under" Teen Center. Janet Mohr, Nancy Canter said they had both visited the site to look at possible locations for placing art, as had Shirley Lin-Kinoshita, and they agreed to continue this item until the student liaison contacted the commission in the fall of this year. ;-1 July 27, 2004 Cupertino Fine Arts Commission Page 2 5. Update on offer to donate bas-relief sculpture of Cyrus the Great for the Cupertino Library. 6. The City Clerk said that staff was preparing a staff report for Council consideration in August. Confirm arrangements for Distinguished Artist of the Year award to be presented to Kate Curry at Shakespeare Festival performance on Saturday, July 31. Nancy Canter would be prepared to present the plaque at the performance. 7. Create entries for catalogue of current and future City art collection. The Commissioners worked as a group to collect as much information as was known about the city's existing art collection, including the Morion sculpture, the two murals in city hall, the commissioned sculpture Perspectives and the loaned sculpture Torque. Shirley Lin-Kinoshita had taken some photographs already and would continue with that project. NEW BUSINESS - None STAFF REPORTS 8. Committee Roster (information item) No action was taken. NEWS ARTICLES 9. Media coverage No action was taken. ADJOURNMENT At 9:20 p.m. the meeting was adjourned. Kimberly Smith, City Clerk /-';;>- CiI, 11011 10300 To,.,.e ,henLle CLlpenmo. CA 950] 4-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 OFFICE OF THE CITY CLERK Mr. Robert Ellison 6480 Eagle Ridge Rd Penngrove, CA 94951 Dear Mr. Ellison: I understand that you are making arrangements to collect "Torque" from the Quinlan Community Center. As you will recall, this piece was one of four that the Commission recommended for purchase to the City Council. At that time budgetary issues were already a concern, and the City Council declined to make any purchases, so you offered to loan the sculpture instead. Torque proved to be a delightful accent to Community Center entry, and has been viewed by many thousands of visitors to the Center over the last two years. On behalf ofthe Fine Arts Commission, I wish to thank you for your generosity to the City of Cupertino. I hope that you can find a permanent home for "Torque" where others will enjoy it as much as we have. Sincerely, Dr. Nancy Canter, Chairperson Fine Arts Commission ~'IL ~ Kimberly 5mith From: Sent: To: Subject: Nancy Canter [canternancy@fhda.edu] Tuesday, August 17, 2004 1 :49 PM Kimberly Smith mayor's breakfast notes August 17, 2004 Kim would you be so kind as to send this out to all of the FA commission members, Thanks Nancy Fine Art Commission-talked about the Cyrus the Great statue and donation and the council recommendation. Gave update on Perspectives dedication and Showed photo examples of Randall sculpture site-big hit! thanks Kim for sending them them off and show them, Told them we were developing an inventory of city collection, Torque removal, donations for library this week so I could print Telecom-read series of articles from this commission in Cupertino Scene, Looking into e-text books for library, Both Cali Mill Plaza and new Library are wireless ready. Planning - HP property on Stevens Creek-planned housing and mixed use-retail wanted by city, Current proposal under discussion. Mayor James asks that we all utilize Cali Mill Plaza-can schedule through parks and rec Senior Commission-parking fees at senior center for the year is $20, This commission meets quarterly and is suggesting to meet more often and try to interest more participation, Public Safety-three school traffic problems-Kennedy, Monte Vista,Lincoln, Will soon paint a cross walk from Quinlan across the street-Stelling. Needs to develop wheelchair access on other side, Library-new library building is on time and under budget, 74% of current library users are using the self check-out system, 25,233 people used the current temporary library site in July, Bike and Ped-working on creek trails-needs to do a feasibility study-but city has no $ to do i to Mary St bridge-footbridge will be completed in 2006. Walk to school survey done and results show an interest in forming "walking school buses" where one parent walks neighborhood students to school-all meet at a spot and walk together-maybe Senior Commission members would be interested in helping with this project, Teen Commission-off for the summer-no report Housing Commission-off-no report Parks and Rec-not present-no report Dr, Nancy J, Canter Dean Creative Arts De Anza College 408-864-8315 canternancy@fhda.edu ;:)- I City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 Telephone: (408) 777-3223 FAX: (408) 777-3366 c;tycleck@cuperlÒno.org CUPEIQ1NO OFFICE OF THE CITY CLERK SUMMARY Agenda Item No. ~ Meeting Date: August 16,2004 SUBJECT AND ISSUE Consideration of a Donation of a Commissioned Sculpture of Cyrus the Great. BACKGROUND In May 2004, Ms. Fariba Nejat approached the City of Cupertino on behalf of Nirvana & Khashayar Anoosheh, the Iranian Federated Women's Club, and Payvand School. They wished to donate a sculpture as a token of appreciation for the support given to the Iranian community by the City Council and the citizens of Cupertino. If this offer were accepted, Australian artist Lewis Batros would be commissioned by Nirvana & Khashayar Anoosheh, the Iranian Federated Women's Club, and Payvand School to create a replica of an ancient bas-relief sculpture of Cyrus the Great. Cyrus was a Persian emperor who created the first known declaration of human rights in 536 B.c. This declaration emphasized liberty, religious freedom, justice, and gender equality, and the sculpture would symbolize the peaceful coexistence of people from different backgrounds and cultures. On June 22, 2004, the Fine Arts Commission voted unanimously to recommend that the Council accept the sculpture. Fine Arts Commission Selection Criteria In May of this year, the Fine Arts Commission updated the General Guidelines for the Selection of Public Art, and those criteria were used as a basis for recommending acceptance of the sculpture. The Commission made the following findings: I. Aesthetics: This sculpture was deemed to be an art work of lasting aesthetic value 2. Ouality: There is an inherent quality in the work itself, above and beyond the artist's overall reputation 3. Diversity: This sculpture would increase diversity in the City's art collection in tenus of style, scale and media. 5-1 Printed on Recycled Pape, July 19, 2004 Page 2 If the Council chooses to accept the donation, the Fine Arts Commission further recommends that the City Staff determine compliance with the following criteria: 1. Style: The artwork shall be compatible in scale, materials, fO1111 and content with Its surroundings. 2. Permanence: The materials used shall be resistant to theft, vandalism, weathering, and excessive maintenance and repair costs. 3. Public Liability: The artwork shall be examined and approved for safety condilions and factors that may bear upon public liability, and shall be appropriately secured for seismic safety. 4. Duplication: Since this sculpture would be a replica of an existing art work, the artisl's contract should so state. As stated in the Public Art guidelines, if the City accepts the gift it shall become the exclusive property of the City of Cupertino and may be displayed, loaned, retained, or disposed of in the best interests of the City, Further, the Fine Arts Commission will work with the City staff to identify an appropriate location for the sculpture, which will likely include a location in Memorial Park. Advantages and Disadvantages Staff has identified three advantages to accepting this offer. These are as follows: 1. The donor and artist can work with the city to select the appropriale scale and maleri"ls. and then design the piece so that it blends into the chosen setting. 2. A quality piece of art would be acquired by the city without the expenditure of City funds in a time of budget cutbacks (the value is estimated to be approximately $45,000, depending on the material, size and site requirements <!f the piece). 3. It may encourage the donation of other art works in the future, so that the City can continue to develop a wide-ranging collection of public art without inculTing large costs. There also some disadvantages to accepting the offer. These include 1. It is not readily apparent where a sculpture of this type would be appropriate in any existing setting. The City should determine a location or, altematively, establish a "sculpture garden" as some cities have done, where wide-ranging ali styles may be displayed, before accepting any donated sculptures. 2. As with all art, there may be strongly differing opinions about what the ali "means" and it is rare that a sculpture of a historic individual is universally accepted by all cultures The Council may hesitate to accept a gift because the content may be offensive to some people and in an extreme situation may find it necessary to even remove such a sculpture upon learning of such a conflict. 5-:?- ,.,. July 19,2004 Page :; 3. Other nationalities or groups may be inspired to donate artwork to the city, which may reflect their leaders, historic events, or beliefs, and the acceptance of those gifts may lead to controversy, Acceptance Based on Policy Council could choose to develop a policy regarding the content of donated aJi, which may prohibit or restrict art, for example, that represents real persons or events. [f Council chooses this direction, it is recommended that they defer the decision to accept the statue of Cyrus Ihc Great, because it would be difficult to restrict such pieces if one of them were already In Ihc city's collection. While receiving additional offers of art would be a good thing in maJ1Y ways, it may also pose a problem in terms of an appropriate location for the art works. At this time there is no plan or budget to acquire art for a sculpture garden, but additional donations may be more appropriately collected in such an area rather than scattered throughout the community in neighborhood parks or at public facilities. Staff has made a preliminary detennination that the Memorial Park area behind the west side 01- the Quinlan Community Center would be suitable if a sculpture garden were to develop over time, but care must be taken with the placement of this first piece to make sure that it is an appropriate setting which takes into account the recreational activities that occur there, as well as being a practical location if additional sculptures were added later. If Council wishes that a policy be developed, it may also be prudent to include all fon11S of art that might be donated, including paintings and photography. Staff and the Fine Alis Commission would then use the policy as a basis to make recommendations to the Council who would still have to review each offer. Acceptance on a Case-by-Case Basis Council could decide to continue to accept or decline art on a case-by-case basis, as has been past practice (the City has received gifts of paintings and sculptures, such as the stone pagodas in Memorial Park and the commissioned art for the Library and Civic Center Plaza). The Fine Arts Commission recently expanded the Selection of Public Art Guidelines to more fully address lhis practice, If Council decides that it does not want a piece of aJi for aesthetic reasons, because of the content, because of the scale or materials, or because of the lack of an appropriate site 10 displäy it, without a policy upon which to rely in such situations, it would be more difficull to decline a generous offer. The Fine Arts Commission has created and used a policy regarding the acceptance of public art in this case. The Council may wish to embellish that document with some guidelines regarding content, but the Council must still make the ultimate decision. 5-3 July 19, 2004 Page 4 RECOMMENDATION Defer consideration of the donation of the Cyrus the Great sculpture and request that the Fine Arts Commission and Staff develop a general policy, using the policy previously developed by the Commission for accepting and locating donated works of art and report back to the Council for its consideration. Submitted by: Approved for submission: K~ City Clerk ~ David W. Knapp City Manager s-J./ July 19, 2004 Page 5 Cyrus the Great a sculpture in Sydney, Australia This is a replica of a Bas-Relief found in Pasargade, the capital city of Persia founded by Cyrus. It depicts Cyrus the Great (580-529 BC). Cyrus was the first Achaemenian Emperor of Persia, who issued a decree on his aims and policies, later hailed as his charter of the rights of nations. Inscribed on a clay cylinder, this is known to be the first declaration of Human Rights, and is now kept at the British Museum. A replica of this is also at the United Nations in New York. The Bas-relief shown here by Lewis Batros, a Sydney Artist, was put up at Sydney's Bicentennial Park, October 1994, through the efforts of the Australian Iranian community with donations from all over the world and contributions from the NSW Local Government. It symbolizes Multiculturalism, a word coined to express the coexistence and peaceful cohabitation of peoples from different background and culture in one land. A doctrine that is the foundation of advanced societies especially in Australia and the USA and which was also Cyrus's claim to fame. s-s Fine Arts Commission Report to the Parks and Recreation Commission of Cupertino June 6, 2002 ~ :::h Overview . Public Art Program - brief review . Potential Sites for Artwork Placement . Artwork Acquisition - Process - Artworks . Conclusion tJ¡ ~ 1 ~ -Q&A 2 Why Public Art? . Expresses the City's innovative spirit and establishes a visual identity . Creates good public relations within the community . Revitalizes and enhances the environment . Inspires individual participation . Promotes dialogue ~ \ ~ 3 Public Art Program . Phased Pro gram - Developing a plan for public art to be installed in phases on public lands. . Policy - Have adopted "Guidelines for Selection of Public Art" . Funding - Have submitted to the General Plan Update a proposal for Public Art Funding. ~ City has available a $100,000 fund in the Capital Improvement Program budget. ~, , 4 -Z Potential Sites for Artwork Placement . Quinlan Center . Memorial Park . Senior Center . Sports Center . City Hall . Jollyman Park ~ \ (J¡ 5 Why these sites? . Public lands are currently available . High profile locations provide visual identity for the City ~ \ £>- 6 ~ \ -\ Sites 1-4 . 1 - Quinlan Ctr. entry - right. 3 - Comer of Stelling & Alves . 2 - Quinlan Ctr. - left . 4 - Lawn at Quinlan Ctr. rear Plat,..lhfuontain AlmSt @ CD @) ...............7 Site 5 Between the Quinlan Center & Memorial Park on grassy knoll ~ I C() Grassl.,.n ~,,","", I~ """'JOJ_""'. 8 Sites 6, 7 . 6 - In front of Senior Center at the comer of Stevens Creek & Mary Ave. . 7 - On lawn in front of the Senior Center ~ \ --¡) Mary Ave, . ~ ¡;; â! ò ~ ~ Vi ParkIng Area 'W,",-"-6,1-""" 9 Sites 8,9 . 8 - At the front of the Sports Center on the comer of Stevens Creek Blvd. & Stelling Rd. . 9 - At the City Hall on the comer of Torre Ave. & Rodrigues Ave. . . Sports Center Tennis Courts . ;¡! '" .s ~ . Cupertino City Hall . . . . . Stevens Creek Blvd, Cupertino Sports Center Sign Cupertino Gty Hall Sign ~ Q 10 bjp""_H..II,9_sport,d.,...n Site 10 At the entry of Jollyman Park on Stelling Rd. Stop Sign -.; '" '" .E ~ I I \ Ray"'" . \..10 1 ~cnicAr.. Gra.. lawn ~ Entry - ~~~í~ parking...r.. l?) ~ ~ ~ ................. 11 Artwork Acquisition . "Call for Artists" - 18 responded . Review of submittals - Slides, resumes, publications U'¡ ~ , '- v ]2 Evaluation and Selection of Artwork . Criteria based on "Guidelines for Selection of Public Art" . Diversity of styles, subject matter, materials . Examined installation methods, vandalism, safety and maintenance issues . 5 best artwork selections (5) ~ , vJ 13 Selection 1 ~ \ ~ --L . Artist Name: Motosuke Ohtake, M.F.A., San Francisco Art Institute . Title/Date: #6 Wind-driven Mobile, 2001 . Medium: Stainless steel . Size: 11 'x6'x3' including pole base . Price: $10,550 includes installation . Artist Statement: "The study of physics is a key element in creating this work, where the manifestation of energy and the pieces interact with nature." ]4 Stop Sign Selection 1 on Site 10 ~ '" c 1! I I \ ...,."'.. ~ . "IOIA"'iCA'. G..., lawn ~ Ent<y - ~-í~ ,~.. ~ , lJ\ At the J ollyman Park entry on Stelling Rd. -.......- 15 Selection 1 on Site 5 l.1') '::h \ E>' to Stollng Rd. - Pond Between Quinlan Center & Memorial Park On grassy knoll bJ--"Iß""'" Selection 2 lJ) :"b \ - <;;;- . Artist Name: David Middlebrook, M.F.A., Univ. of Iowa . Title/Date: Strand, 200 1 . Medium: Bronze and stone . Size: 10'x9'x2' . Price: $22,000 includes installation . Artist Statement: "I have become at one with the technical and esthetic challenges of combining natural materials with intellectual and emotional content." 17 . . Cupertino City Hall Selection 2 on Site 9 At the City Hall on the comer of Torre Ave. & Rodrigues Ave. . ~ .0. Ûlpertino Oty Hall Sign ~ , --- " bjpsit<I..H_8,._",ort~dtyhall ]8 ,; a: .~ ~ Selection 2 on Site 10 Stop Sign Gro.. lawn ~ Entry - JOIIymOn¿k~~ Co r :::t \ è;;j P"'kìng Ar.. Entry to Jollyman Park on Stelling Rd. ...........- 19 Selection 3 '-'\ :::t> , - --S) . Artist Name: Robert W. Ellison, M.F .A. Michigan State Univ, . Title/Date: Torque, 2000 . Medium: Stainless steel, paint . Size: 9'x3'x3' . Price: $19,500 includes installation . Artist Statement: "The sculpture I produce is colorful, joyous, animated and interactive." 20 Selection 3 on Site 6 V) ::t, \ \iJ () In front of Senior Center at the comer of Stevens Creek & Mary Ave. MaryA... j ¡¡; 1\ ò ~ ~ 21 PaI1<hgArea . . "'~-"-"-- Selection 3 on Site 8 . Sports Center Tennis Courts . . . l>') ..::h Stevens Creek Blvd OJpertino Sports Center Sign D "ci 0:: 0> ,§ ]j II> At the front of Sports Center on the comer of Stevens Creek Blvd. & Stelling Rd. Þjpsltes_H_a9~.1I 22 ~ \ V q> Selection 4 . Artist Name: Lori Kay, B.A. Univ. of California, Santa Cruz . Title/Date: Chair in Motion . Medium: Brass . Size: 10'x2'x8' . Price: $20,000 includes installati on . Artist Statement: "[This is a] whimsical running chair - as if inanimate objects have to chase time to keep up with the high tech fast-paced location we live in." Stop Sign Selection 4 on Site 10 Gr." lawn ~ ~ I Q..) lA Entry - ~~.í!) -- At the entry of Jollyman Park on Stelling Rd. ----.- l1) .::r:" Plazawiih fountain I "--> -t.. Selection 4 on Site 4 At the rear of Quinlan Center on the lawn AlmSl ...-...-... 25 If\ , J:, çu úì Selection 5 . Artist Name: Nick Lomoro . Title/Date: Lyrical Reds, 1999 . Medium: Steel, powder coated baked paint finish . Size: 8'x6'x6' . Price: $14,750 includes installati on . Artist Statement: "My sculptures arise from a core of inexhaustible awe about the miracle of life. . . color, form [and of] architecture." 26 '-'ì :::;> Q.j E;' . Sports Center Tennis Courts . . . Stevens Creek BNd. Selection 5 on Site 8 At the front of the Sports Center on the comer of Stevens Creek Blvd. & Stelling Rd. "tS IX: 01 ~ ] '" CUperUno Sports Center Sign b¡pgtes_H_& 9 JPOI't$dtyhaU 27 ( ) 0+- Gra..lawncontinue, Parking ..ea , \t.) -....j Plaza with fountain Selection 5 on Site 1 ó! '" J¡ ~ c:::=:) +- Entry G) Alve, St At the right of the Quinlan Center entry ........~.. V\ ::þ (¡,.J "6 Revi ew . Public Art Program . Potential Sites for Artwork Placement . Artwork Acquisition - Process - Artworks . Request for Feedback -Q&A 29 CITY OF CU PEIQ1NO City of Cupertino Public Art Program Guidelines for Selection of Public Art Prepared by the City of Cupertino Fine Arts Commission Updated May 25,2004 513- I 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 .........,..,.......................,...,.........,............,.......,..,.............1 Access ','"'"'""",,",',,',,',,,,,',""""""""""'"',,',,,""',',,',,',,"""""""""""""'""""",1 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 Art Exhibition AgreemenL.................................,..... Error! Bookmark not defined. Catalogue of Art and Sculpture,..,.............,.........................,.................................,14 -2- 5.ß - ?- 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 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, including a proposal for a "One Percent for Art" program to be included as a part of the city's General Plan D. To identify potential outdoor sites on public lands and inside public buildings that are appropriate for the placement of completed artworks -3- 56-3 Guidelines The following guidelines are for the selection of 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 acceptance 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 ofthe 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 ofthe city's Public Art Program. B. No acquisition shall be accepted without written permission and approval from 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- 56 -1 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 fonowing criteria shan be used in determining whether an art work is acceptable: 1. Aesthetics: It is deemed to be an art work oflasting aesthetic value 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 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 excessive 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. Diversity: The overall Public Art Program shall consider diversity 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 shan 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 Councilor its designee. Works of art shall 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- 5<3-5 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, lithe 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- 56-/; Placement and Exhibition To ensure excellence in the work's physical embodiment ofthe 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, Prior to placement of an art work, the following factors shall be considered: . 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 ofthe 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- 5ß-Î InfolTnation 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 ofthe art work as well as the period oftime 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 ifthe 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- E>ß-3 CITY OF CUPERTINO Gift Receipt CUPEIQ1NO 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 Materials/media Artist's name(s) 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 ofthe 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- St5 - C} CUPEIQ1NO 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- 5ß-fO CITY OF CUPERTINO Art Exhibition Agreement CUPEIQ1NO (Artist) hereby deposits and loans the artwork described on the attached Receipt to the City of Cupertino for exhibition in for the period ftom to on the following tenus 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 infonuation 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 meetings and events will occur that are subject to photography and other video recording as a matter oflaw, and Artist expressly permits incidental photography or other video recording under such circumstances. Return of Artwork: Art works accepted by the City on loan 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. If, 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: Address: Email: Date: Phone: Fax: -11- 51ß - / I CITY OF CUPERTINO Right of Entry and Indemnification Agreement for Publicly Displayed Artwork CUPEI\11NO 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 of Cupertino, County of Santa Clara ("the Premises"); and in the City WHEREAS, Exhibitor desires to erect a piece of art 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 terminate on , and shall 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 ofthe sculpture on the Premises to its original condition. Ifthe 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- 5 i3 - (';) 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- 5fJ-/3 c CUPEI\TINO Description Title: Subject Matter & Description: Date of Artwork: Dimensions: Materials & Condition: Location(s): Artist Name: Address: Telephone: Email: Notes: Acquisition Date: City of Cupertino Catalogue of Art and Sculpture Fax: Website: Indicate method of acquisition: [ ] [ ] [ ] [ ] [ ] Direct purchase Direct commission Gift or donation Temporary loan/exhibit Permanent loan -14- 5~-J4 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 digitial images 5ß-J5 LETTERS 6 OPINION ,j Courier gets CNPA award The CUPERTINO COURIER has been honored in the California Newspaper Pnblishers Association 2003 Better Newspapers Contest. At the awards ceremony, held in Southern California on July 17, the COURIER was named a Blue Ribbon Finalist in the husiness or financial story category for Allison Rost's Sept. 24, 2003, cover story, "Work Space."The CUPERTINO COURIER compet- ed with other newspapers in the 11,001~25,OOO non-dally circulation division. "Our goal each and every week is to produce the highest quality community newspapers possible within our economic model. It is not to win award~" said David Cohen, publisher of Silicon Va1ley Community Newspaper~ parent company of the COURIER. "The fact that we are recognized by our fel- lo)'\' journalists for our efforts is certainly gratifying andreaf- firms that we are fulfilling our mission. I'm proud of our edi- torial department." Honors awarded to the COURIER'S sister newspapers in their respective circulation divi- sions were: Los Gatos Weekly- Túnes, first place photo essay, second place editorial page~ Blue Ribbon Fmalist general excellence, editorial comment and page layout & design; Saratoga News, first place sports story, second place writ- ing, Blue Ribhon Fmalist photo essay, feature photo and editor- ial cartoon; Almaden Resident, first place editorial cartoon, Blue Ribbon Fma1ist sports coverage and sports photo; Rose Gard£n Resident, first place editorial cartoon; Willow Glen Resident, Blue Ribbon Finalist editorial cartoon. W Poll would show that many I think sculpture isn't art In response to Mr. Smith', inquiry as to the whereabouts of the large conquistador hel- met that was once prominently displayed near City Ha1l, it can be seen rusting in a field behind the fence where Mary Avenue ends. I, too, am repulsed by the sculpture (whatever it is) at the comer of De Anza and Stevens Creek. Has the COURIER ever taken a poll on positive versus negative reac- tion to the structure that is considered art? I would t!rink the results would be of interest to 14cTHE(GUPE~TINO COUR Cupertino residents, especially to the "morions" who allocat- ed the $150,000 for the P-erspectives structure. JAY HOPKINS Cupertino As it turns out, fireworks display was a grand show Last summer, the CUPERTINO COURIER pub- lished my letter objecting to the city council's plans to move the Fourth of July fire- works to the grounds of Cupertino High Schooi-just a couple of blocks away from my house. As it happened, that fire- works show was cancelled. I am writing now to say that, although I still had reservations about using 'Tina as an alter- native to De Anza College, my wife and I watched the fire- works from Phil Lane and we enjoyed them thoroughly. It was a grand show and a good way to say Happy Birthday to our country. The city and the fireworks crew did a fine job. EDWARD A. JAJKO Cupertino Initiatives mean to halt skyward sprawl in City Messrs. Bullock and Greenstein lament in recent let- ters that the CCC initiatives will promote "urban sprawl." Where, pray tell, would such sprawl occur, given that Cupertino land is near capacity in utilization? As the cartoon by DeCinzo in th~ M~ 1~ i~~\l~ of the CUPERTINO COURIER depicts, Cupertino has already sprawled. The only remaining opportunity for sprawl is upward, which is now advocated by some city officials and developer> Such upward sprawl would turn Cupertino into a city of nar- row canyons created by high-rise buildings that would cut off our view of the surrounding hills and would foster all the other nega- tive consequences of crowding and overpopulation. The initiatives are specifically aimed at setting standards. which will prevent skyward sprawl of our city and maintain the sprawl we currently bave and love. Kim Smith, city clerk, has stated that an initiatives elec- tion will cost between $80,000 and $270,000. However, according to the municipal elections code, the city council can avoid an election expense altogetber by simply adopting the initiatives as amendments to the General Plan. Given the overwhelming suppon of tbe initiatives by citizens, this would sèem to be the best course of action at a time when city budgets are tight. Of course, if some city officials wish to thwart the will of the citi- zens, they can insist on spending our money for an election. ROBEKf L. GARTEN Cupertino Value of festivals is not only measured by money The Chinese Moon Festival was originaily welcomed by Cupertino as an event tbat DeCinzo / Cartoonist's V"I8W S Inc< would benefit our city and pro- mote cultural understanding. Yet Councilperson Kris Wang recently complained that the festival is not giving enough benefit to the city because she does not see enough dollars in return. She has even referred to "misuse of taxpayer's money," and suggested that the Chinese Moon Festival be billed retroactively for the past five years' park use. Yet we Cupertino residents enjoy the Moon Festival, the free "Shakespeare in the Park," the annual Art and Wine Festival, the Cherry Blossom Festival and the Oktoberfest. Is it a waste of taxpayers' money toJet these groups appear in our Memorial Park? According to Kris Wang's thinking, we should cancel them all. By comparison, the July Fourth fireworks were dis- played on one of Cupertino city's school grounds, with spectators seated in three nearby areas. This is a different venue, but does Wang regard the free use of school grounds as a waste of taxpayers' money? Some events have more than mone- tary value. As a Cupenino resident, I am proud that our city has these events that have been promoting cross-<:ultural under- standing, especially the pride of being American that the July fireworks brought to me. Must we measure everything by money only? Can dollars buy love and unity among us? JENNIE YEUNG Cupertino J., \b~~~ lS~@]lñS~ - T, @W,~ 7-/ LETIERS 6 OPINION f Art, though controversial, benefits the city ..J' variety of public art in mâny different locations, and this will hopefully result in a pleasing, snrprising and evocative collec- tion from which everyone can find at least one piece that he or she loves. The fact that public art is sometimes controversial should not stop this process. The entire community benefits from the efforts of engaged individuals and companies. Likewise, the entire community loses when those who volunteer their time and resources for Cupertino are subjected to public name- caIling and ridicule. Rick Kitson is public infor- mation officer for the city of Cupertino. By RICK KITSON Public art often engenders controversy, but those who have put their enthusiasm and energy into the process of bringing ao.t to the community should not be subjected to pub- lic ridicule or name-caIling. A letter in the July 21 issue of the COURIER correctly states that the "large conquistadm hel- met is rusting hehind the fence whe.. Mary Avenue ends." But there is more to the stmy. A modon (conquistador hel- met) has been the official symbol of the city of CLlpertino since 1955. It is precisely because of the sculptme's symbolic value that it was removed f1Om the old library site and stored at the city corporation yard for safekeeping and repair. It is rusting because that was the deliberate intention Of the artist; the core-tO steel was used because it oxidizes to a beautiful reddish-brown. Pen- ding the recommendations of the Cupertino Fine Arts Com- mission and the city council, the sculpture will be reinstalled (probably near city hall) in time for the opening celebrations at the new library on Oct. 30. The same letter objected to the aesthetics and cost of the sculptme Perspectives at Cali Mill Plaza. There is more to this stmy as well. The sculpture was paid for with substantial financial suppon from Apple Computer, to the tLlne of $100,000. The process of artist search and selec- tion and decisions about sculp- ture design and placement took many, many hours of work over the course of years by the citizen volunteers of the fine arts cOm- mission and other members of the community. Many feel that the act of noticing and discussing art is as imponant as its aesthetic value. It is often the case that art or sculpture that at first seems ungainly or out-of-place soon becomes a source of pride for the communitv. The now-cherished morion sculpture has been described by some as a giant metal snail. The only sure thing about art is that some people will like it, and some won't. The city is working toward a Wang has been unfairly vilified by nonresidents Councilwoman Kris Wang should be commended for her stand on behalf of Cupertino regarding the Moon Festival. Wang advocates that major festivals in Cupertino be run by our citizens for the benefit of our city. TI1e Hsinchu sister city committee should be responsible fm the Moon Festival consistent with the Japanese sister committee's responsibility for the Cherry Blossom Festival. Wang has been unfairly vili- fied by nonresidents who, regardless of past histmy, seem to believe they should dictate what our city does or does not do. Most astonishing is that ---.\ :~~::t~~n:~~~~~~~'o:,o~,~done \ of our city council members. 'V ~~v~~~~~~~~~~rs~:;;wc~h';,~~iI true colors if they did not vig- orously defend their fellow council member, Kris Wang. Unfortunately, some other seek to push their agenda on our citizens. ROBERT L. GARlEN Cupertino Wu and Wang contribute much to the community I would like to express my concern over the controversy between my friends Lucia Wu and Councilwoman Kris Wang. I find it very distnrbing that the controversy has per- sisted so long that a lot of energy has been drained from our community. I personally have known both Lucia and Kris for many year. Being the chair of the arts and culture subcommittee of Cupertino-Hsinchu Sister City Association, I traveled with Lucia to Taiwan twice. Chairing the stage performance at the Lunar New Year Unity Parade, I worked with Kris very closely. They both are very capable community leaders and have gained my respect as promoters of cultural diversity and social harmony. It is very unfonunate that the controversy has can- celled out much of which they and many of us have achieved. Cupenino is a great place to live because many organizations have been established to serve our community. Each organiza- tion has its mission, goal~ and project. Structured like a non- profit organization, Cupertino's city council is to serve us citizens and it should focus on city issue& Moon Festival Silicon Valley is expected to have another great year and the date is just around the comer. I am glad that Cupenino-Hsinchu Sister City Association has heen working diligently on its student exchange program. In CPAA (Chinese Performing Artists of America), we have been busy performing at several Hay Area festivals. ANN WOO Executive Director, CPAA D«}Cinzo / Cartoonist's VIew HE V4Am US To DESIGN -rKE Wows FIRST PERS4INAL Pt."'CR~AilC MONI1VR! ~q Jfl d£JOf JfCÕURŒR SERVIWG CUPERTINO SINCE 1947 Inco,pmoang ,he C,,"",ano Nâghbo, Sandy S¡ms Ed"n, Dick Spene' Spm." Ed"a, Mike Bamhau Spam R.pm'a l..on Goldman-Hall. Am,an Ro" S,"[[W,.",,", Ka" Zup"ko b..e", 'aequeHne Ram"y« Phawg"'ph.,. L.igh Ann M"..lo,h "mgi, Ph"'aI..""" Cindy Ma"'n Copy Edlwe Glmia I. Wim, DI".,", of Edl'mlal Proia'.' ì~ I~ '9 Dale .",ant E,.",a".Edl,o, Clai,e Kaelin Real E"a" Aeco",.. Ex""",I"e Ro,anoaJ«k;" Aeco..n' Em..a"e sraey Su'h",..d Legol Ad""a,I"g Rep",e",arl,e Ka'e Arcg",'d Cla"lfiedSnl..S"pe",lw, Mike McHone. Heny Symond, Clo"lfied Aceo",.. Rep"""'aa,,, Noem; M"mkk R"ailAri",""lngManag" Srephani. R. Woeh,mann Eri"m.'ol Pmri..,.aan Mmmg., Uonel Chan Clamfied Pmdu,aan B"ndon P.'eß Pmd",aa.. A""'m.. Nor, Wood, Pmd..,aan D'",,", lennife, Andmon A,,"'an' '0 II.. Pnbli,h" PmmaaamMmwg" Korhy Welgh"on Office Manag" S«ge Duguay O"ul""an Manag., U..Tham.. Op"a"o,," Manag" Sharad Dadhhawala CammU" Jeannette cr... A,.'ad"'e P..bli,heo CÕMMUNITY"'ij¡t'~ NEWSPAPERS'!"; THE CvnmNo Cava""" p..bU,U,'!