FAC Packet 6-18-18CITY OF CUPERTINO
AGENDA
C U P E RT I N O FINE ARTS COMMISSION
10300 Torre Avenue, City Hall Conference Room C
Monday, June 18, 2018
6:30 PM
Special Meeting
NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Fine Arts
Commission is hereby called for Monday, JUNE 18, 2018, commencing at 6:30 p.m., City
Hall, Conference Room C, 10300 Torre Avenue, Cupertino, California. Said special
meeting shall be for the purpose of conducting business on the subject matters listed below
under the heading "Special Meeting".
SPECIAL MEETING:
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Election of Vice Chair
Recommended Action: Elect a new Vice Chair for the 2018-2019 term
APPROVAL OF MINUTES
2. Subject: Draft Minutes of May 14, 2018
Recommended Action: approve or modify the Draft Minutes of May 14, 2018
Draft Minutes of Mav 14.2018
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the commission
on any matter not on the agenda. Speakers are limited to three (3) minutes. In most
cases, State law will prohibit the commission from making any decisions with respect to
a matter not listed on the agenda
PUBLIC MEETING
3. Subject: Municipal Code Amendment to Chapters 19.12 and 19.148; Required
Artwork in Public and Private Developments. Application No(s): MCA -2018-01,
Applicant(s): City of Cupertino, Location: citywide
Page 1
Fine Arts Commission AGENDA June 18, 2018
Recommended Action: consider options for amending the Artwork Ordinance,
provide direction to Staff, and make a recommendation to the City Council per the
Draft Resolution
Staff report
Attachment A - Examples of local programs
Attachment B - Draft Resolution
OLD BUSINESS
4. Subject: Distinguished and Emerging Artists outreach for 2018
Recommended Action: discuss and assign outreach items
5. Subject: Work Plan
Recommended Action: discuss the Work Plan
6. Subject: Grants
Recommended Action: discuss grants
NEW BUSINESS
STAFF AND COMMISSION REPORTS
"I'll fell) "11107 1040"
Page 2
Fine Arts Commission AGENDA June 18, 2018
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next 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, 48
hours in advance of the meeting to arrange for assistance. 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.
Also upon request, in advance, an assistive listening device can be made available for
use during the meeting.
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 during normal business
hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08. 100 written communications sent to the Cupertino City Council,
Commissioners or City 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's website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the members concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the members on any other item not on the agenda, you
may do so during the public comment.
Page 3
CUPERTINO
DRAFT MINUTES
FINE ARTS COMMISSION
Regular Meeting, Conference Room C
10300 Torre Avenue Cupertino
M ay 14, 2018 6:30 p . m .
ROLL CALL
Present: Chokshi, Levine, Matley, Mahalingam, Sanchez, Wu
Absent - none
APPROVAL OF MINUTES
1. Approval of the Draft M inutesfrom the March 26, 2018 meeting.
Motions:
Commissioner Mahalingam motioned and Commissioner Chokshi seconded the
motion to approve minutes from January 22, 2018. Motioned approved 5-0
ORAL COMMUNICATIONS
1. Staff liaison Catarina Kidd introduced the newly -appointed commissioner, Ran Wu.
2. Kennedy Middle School music students, led by teachers Jahnathan Hsu and Shelly
Durbin, attended the meeting to share that their select group of music student have
been accepted to the Midwest Clinic in Chicago, which has a longstanding history of
feature performances by outstanding organizations. They requested consideration of
the Fine Arts Commission asapartner in either grants and/or marketing.
WRITTEN COMMUNICATIONS
N one
PUBLIC MEETING ITEMS
1. Hyatt Hotel publicart proposal
Staff presentation: Erick Serrano, Applicant: KCR Development
Project planner Erick Serrano presented the staff report and introduced the artist,
James Moore. The proposed art consists of a three welded structural aluminum
sculptures to be located in an open seating area adjacent to the pool and hotel.
Commissioners reviewed the sample materials provided and asked questions of staff
and the artist regarding lighting and the estimated date of completion, including any
plansfor unveiling theart. Chair Sanchez motioned with asecond from Commissioner
Chokshi to approve the public art application, subject to conditions of the draft
resolution.
Cupertino Fine Arts Commission
OLD BUSINESS
None
NEW BUSINESS
May 14, 2018
1. Utility box design applications
Lauren Dickinson presented the staff report. 278 entries were received, the most ever
in the program's history. Staff reached out to art teachers around the community.
Commissioners reviewed the applications and unanimously selected six winners:
Category
Name
Grade
School
Painting
Box Location
Date
K-2
Eva Yin
grade 2
Hongyun Art
5/19
Miller and Phil
3-5
Aanya
grade 4
Hongyun Art
5/20
Miller and Calle de
Naveen
Barcelona
6-8
Katie Leung
grade 7
Lawson Middle
6/3
Bubb and McClellan
School
9-12
Amanda
grade 10
Hongyun Art
6/4
Stevens Creek and Torre Ave
Zhu
9-12
Nicole
grade 9
Cupertino High
6/2
Bubb and Results Way
Widjaja
School
2. Guest presentation by Jeannine Flores, Visual and Performing Arts Coordinator —
STEAM, Santa Clara County Office of Education.
Commissioner Levine advised that Ms. Flores was unable to attend this evening's
meeting and will reschedule in thefuture.
3. Distinguished and emerging artists (DA/EA) 2018 kick-off
Commissioners discussed theawards program and outlined thefollowing action
items:
✓ Commissioner Mahalingam to reach out to former commissioner Russell
Leong for thedigital publicity file
✓ Catarina Kidd to edit the previous DA/EA flyer and send to all commissioners
✓ Publicity program to launch by end of May
✓ September 71h deadlinewith September 17th commission review and selection
✓ Discussand divideoutreach at next meeting
✓ Consider recognizing teachersif students are selected aswinners
Cupertino Fine Arts Commission May 14, 2018
COMMISSIONER REPORTS AND ANNOUNCEMENTS
Individual commissioner reports
• Commissioners were pleased with the volunteer fair turnout and outreach.
• Commissioner Chokshi provided a mayors meeting update.
• Chair Sanchez recommended a tri -fold flyer that can be used at any event for the
future. He also gave an update regarding the mural project in collaboration with
Parks Commission.
• Commissioners requested for next meeting:
✓ Discussion of work plan
✓ Discussion of grants
Staff updates
✓ Next meeting is June 18th and the July meeting iscancelled
✓ Vallco charrette2 beginson May 20-24to befollowed by aCity Council June
41h study session
✓ Ordinance updatewill be brought to next meeting
ADJOURNMENT
Chair Sanchez adjourned the meeting at 8:55 p.m. to the special meeting on June 18, 2018 at
City Hall, Conference Room C.
Respectfully submitted:
Staff Liaison: Catarina Kidd, Senior Planner
CITY OF
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG
FINE ARTS COMMISSION STAFF REPORT
Meeting: June 18, 2018
Subject
MCA -2018-01, proposed amendments to Cupertino Municipal Code Chapters 19.12 and
19.148: Required Artwork in Public and Private Developments
Recommended Action
Consider options for amending the artwork ordinance, direct staff and provide a
recommendation to the City Council.
Discussion
Attachment A outlines the program requirements of neighboring cities as examples for
context and consideration. Exhibit A of attachment B is the current ordinance with
sections underlined for consideration of amendments, summarized as follows:
Topic
Current
Staff recommendations/comments
standard
Percent required, artwork
.25%
1. Raise the artwork value to 1%
value
2. Clarify the percentage is of building
permit valuation.
Dollar cap
$100,000
1. Remove the dollar cap
2. Consider a cap for smaller projects
(see threshold below)
Scaling of percentage
None - applies
1. Projects 10,000 sf and higher -1%.
equally to
2. Create tiers to levels of building
projects of all
area/construction valuation - see
sizes above
Palo Alto example.
50,000 sq.ft.
Threshold
New 50,000
1. Consider lower threshold: fagade
sq.ft.
remodels and/or 10K -49,999K sq.ft
Other considerations:
Though in -lieu fees are discouraged, should in -lieu fee percentage be
determined, such as 1.25% with City Council approval required? Alternatively,
should there be performance measures for when in -lieu fees are considered
acceptable, such as a proposal for private party installation on public property?
2. Chapter 19.12 which outlines administration also needs to be updated to cross
reference Chapter 19.148 (both chapters reference each other).
3. Are there any other considerations not raised in this report?
Prepared by: Catarina Kidd, Senior Planner
Reviewed bv: Benjamin Fu, Assistant Director of Community Development
Approved by: Aarti Shrivastava, Assistant City Manager
Attachments:
A - Local cities' art programs
B - Draft resolution
Exhibit A: CMC Chapter 19.12.030 and CMC Chapter 19.148
ATTACHMENT A - Examples of local programs
City
Value/threshold
Dollar cap
Scaled? (value based on
project size)
Cupertino
0.25%
$100,000
No
New or expanded
50,000 s .ft.
Milpitas
On site: .5% of
No
No
building development
costs
Mountain
1% public projects
No
No
View
Public projects valued
$1M or more
Palo Alto
.9 to 1% scaled
No
1% of the first $100M
1) 10,000 sq.ft. or more
construction valuation
2) Construction value
.9% of construction
of $200,000 or more
valuation for valuation
in excess of $100 mill.
3) All new residential
projects of 5 or more
units
Sunnyvale
On-site: 1% of
No
No
building valuation
In -lieu fee: 1.1% of
building valuation
1) New non-
residential
construction of any
size or an addition of
at least 10,000 SF
when located at a
major street
intersection
2) New non-
residential
development or
additions of at least
30,000 sq.ft. on lots of
2 or more acres
3) May be required for
any project, including
those not mentioned
in code section when
deemed to be in the
public interest
Santa Clara
None
San Jose
1% public or
No
No
publically-financed
projects
Private: no data
Oakland
Non -Residential on-
No
No
site: 1% of building
development costs
Residential on-site:
0.5% of building
development costs
1) Non-residential
2,000 SF or more of
new floor area &
subject to design
review
2) Residential 20 or
more new units &
subject to design
review
San
On-site or in -lieu fee:
$500,000 - On-
No
Francisco
1% of construction
Site art for non -
cost;
residential
1) new building or
buildings
25,000 sq.ft. addition;
w/1,499 - 2,999
code specifies in
SF public open
certain districts
space
2) Non-residential
$750,000 - On -
new construction, or
Site art for non -
25,000 sq.ft. addition;
residential
code specifies in
buildings with
certain districts
3,000 Sf or more
of public open
space
Berkeley
On site: 1.75% of
No
No
construction cost
In -lieu fee: .8% of the
construction cost
1) New multi -family
residential of 5 or
more dwelling units
2) New commercial
structures (no size
given)
3) New industrial
structures (no size
given)
ATTACHMENT B
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
DRAFT RESOLUTION
OF THE FINE ARTS COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING
AMENDMENTS TO MUNICIPAL CODE CHAPTER 19.148: REQUIRED ARTWORK IN
PUBLIC AND PRIVATE DEVELOPMENTS
Application: MCA -2018-01
Applicant(s): City of Cupertino
Location: City-wide
WHEREAS, the Fine Arts Commission heard this matter on June 18, 2018 during a regularly
noticed public meeting; and
WHEREAS, the application is statutorily exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §15061(b)(3) (General Rule),
15273 (Rates, Tolls, Fares and Charges) and 15378(b)(5) (Organizational or Administrative
Activities); and
NOW, THEREFORE, the Fine Arts Commission of the City of Cupertino hereby recommends
approval of the proposed Ordinance in substantially the form as shown in Exhibit "A," attached
hereto with a recommendation to amend Municipal Code Chapter 19.148: Required Artwork for
Public and Private Developments.
PASSED AND ADOPTED this 18th day of June, 2018 at a noticed public meeting of the Fine Arts
Commission of the City of Cupertino, State of California, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ATTEST: APPROVED:
Catarina Kidd
Senior Planner
Michael Sanchez
Chair
EXHIBIT A OF ATTACHMENT B
CHAPTER 19.12 030: APPROVAL AUTHORITY
Table 19.12.030 - Approval Authority
Type of
Administrative
Design
Fine Arts
Planning
City
Public Hearing/
Noticing/
Posted Site
Expiration
Chapter/
Permit or
Review NB
Review
Commission
Commission
Council
Public Meeting/
Noticing Radius
Notice
Date E
Findings
Decision
Committee
Comment Period
D
C
Public
F
_
A'
PM
None
None
None
2.80 and
art
19.148
Art In-
-
-
R
-
F
PM
None
None
None
2.80 and
lieu fee
19.148
CHAPTER 19.148: REQUIRED ARTWORK IN PUBLIC AND PRIVATE
DEVELOPMENTS
19.148.010
Purpose and intent.
19.148.020
Applicability of regulations.
19.148.030
Permitted artwork.
19.148.040 Ineligible artwork.
19.148.050 Application procedures for public artwork.
19.148.060 Design criteria and artist qualifications.
19.148.070 Minimum artwork value.
19.148.080 Maintenance requirements.
19.148.090 In lieu fee for artwork is discouraged.
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.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.020 Applicability of Regulations.
A. Any development of €iten 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.
(Ord. 2085, § 2 (part), 2011; Ord. 2056 (part), 2010; Ord. 2037 (part), 2009)
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 Fine Arts Commission to satisfy
the intent of this chapter.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
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 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.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
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 Fine Arts Commission shall review for approval the public art application
and artwork. The decision of the Fine Arts Commission may be appealed in accordance
with Sections 1.16.020 and 19.12 of the Cupertino Municipal eCode, or as amended.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
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 Fine Arts
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 Fine Arts 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.
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.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.070 Minimum Artwork Value.
The minimum expenditure for the artwork, including but not limited to design,
fabrication, and installation, is one percent of the building permit
construction valuation, with the followingtiers- iers:,with an exigenditur-e eaiq of one Iqlandr-ed
a) 1% of the first $100 million of building permit construction valuation
b) .9% of building permit construction valuation for valuation in excess of $100 million.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.080 Maintenance Requirements.
The property owner shall maintain the artwork in good condition continuously after its
installation, as 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.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)
19.148.090 In Lieu Fee for Artwork is Discouraged.
In some instances the placement of artwork on a particular property may not be feasible.
City.in sueh eases, an in lieu contr4butionmay be made to the The developer or property
owner may apply to the Fine Arts Commission for an in -lieu fee alternative on projects
that lack an appropriate location for public art, although such alternative is strongly
discouraged. In such cases, an in -lieu contribution of 1.25% of the building permit
construction valuation may be made to the City, pursuant to the approval authority
provisions of Cupertino Municipal Code Chapter 19.12.030.
(Ord. 2085, § 2 (part), 2011; Ord. 2037 (part), 2009)