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HomeMy WebLinkAboutAIPP - TH-225 Cupids on Dome - L.Biggi CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT REQUEST: AFFIRM THE RECOMMENDATION OF THE ART IN PUBLIC PLACES (AIPP) COMMISSION TO DENY THE APPLICATION FOR REIMBURSEMENT OF ART IN PUBLIC PLACES FEE IN THE AMOUNT OF $17,500 FOR TH-225 CUPIDS ON DOME BY JACOB DAGAN FOR THE VENUS DE FIDO BUILDING LOCATED AT 73-600 ALESSANDRO DRIVE, PALM DESERT SUBMITTED BY: Deborah S. Glickman, Management Analyst APPLICANT: Lindi Biggi Venus de Fido 73-600 Alessandro Drive Palm Desert, CA 92260 DATE: February 23, 2017 CONTENTS: 1. Developer Application Form B 2. Pictures of Completed Artwork and Plaque 3. Public Art Agreement 4. Proof of payment of Art in Public Places fee 5. Letter to Applicant concerning Art in Public Places fee from former City Manager John Wohlmuth 6. Draft AIPP Commission meeting minutes from January 11 and February 8, 2017 7. Art in Public Places Guidelines Recommendation By Minute Motion: 1) Uphold the recommendation of the AIPP Commission and deny the request for reimbursement of Art in Public Places in lieu fee in the amount of $17,500 for TH-225 Cupids on Dome by Jacob Dagan for the Venus de Fido building located at 73-600 Alessandro Drive, Palm Desert. Commission Recommendation At its meeting of February 8, 2017, the Art in Public Places (AIPP) Commission recommended by a unanimous vote of 6-0-0 the denial of the return of the Art in Public 7 2 5 00.00011\2 9 6 3 8 04 8.1 DRAFT 3/15/17 Staff Report Request for Reimbursement of AIPP Fee to Venus de Fido March 23, 2017 Page 2 of 4 Places in lieu fee for TH-225 Cupids on Dome as the public art component for the Venus de Fido building located at 73-600 Alessandro Drive, Palm Desert. Strategic Plan The installation of public art helps to create a better community for residents and visitors to Palm Desert. This concept is in line with the Arts & Culture Mini-Vision which states: "Arts and culture give a community its soul. Palm Desert is the cultural core of the Coachella Valley. Cultural tourism drives economic growth in Palm Desert. The community is host to internationally recognized cultural events that bring significant economic benefits to the City. Palm Desert is a leader in arts education, ensuring a well-rounded population that possesses high levels of creativity and critical thinking skills." Background Palm Desert's Art in Public Places program was established in 1976. When the Palm Desert City Council established the Art in Public Places program, it recognized that development brings with it urbanization and an increased need for cultural and artistic outlets to improve the community's environment, image, and character. Since its inception, the City's Public Art Program has been held in high regard and has been emulated throughout the country. The City Council also found that development of cultural and artistic assets should be financed by those whose developments contribute to urbanization. The ordinance states that establishment of the Art in Public Places Program will "promote the general welfare through balancing the community's physical growth and revitalization and its cultural and artistic resources." When construction is undertaken in Palm Desert, a City ordinance requires that a developer place approved artwork on a publically accessible place on its own property, donate approved artwork to the City, or pay an in lieu public art fee into the Art in Public Places (AIPP) Fund. The AIPP value is based on construction valuation and is assessed at one quarter of one percent (Ya%) for residential projects with a valuation of more than $100,000, one half of one percent (Y2%) for commercial projects, and one percent (1%) for non-infrastructure City projects. The Art in Public Places fee deposit is collected by the Building and Safety Department at the same time that applicable development impact fees are paid. AIPP deposit is eligible for reimbursement to the developer if an approved artwork is installed as proposed on the site or if a developer donates an approved artwork to the City. If an artwork is not installed or donated, then the AIPP deposit remains in the AIPP Fund to be expended on citywide artwork installations, an example of which is the ongoing El Paseo Exhibition program. 72 500.00011\29638048.1 DRAFT 3/15/17 Staff Report Request for Reimbursement of AIPP Fee to Venus de Fido March 23, 2017 Page 3 of 4 In order for a developer to have a successful public art application, it is required that the AIPP Guidelines are followed. Included in the guidelines are stipulations that the proposed artwork must be created by a professional artist, as evidenced through a resume, CV and/examples of past work, and be part of an edition of twenty (20) or less. The above-described application and vetting process allows the AIPP Commission and the City Council to assess the artwork for adherence to City policies, quality of the artwork and artist, and aesthetics. If approved, the developer's acquisition and installation costs are reimbursed up to the amount paid into the AIPP Fund. Discussion Staff has met with the applicant for the Venus de Fido project several times to assist with understanding the Public Art approval process. In June and July 2014, Planning Division staff members had a series of meetings with the applicant to discuss project related fees, including the AIPP fee. These meetings culminated in a letter from the former City Manager detailing the requirements that needed to be followed in order for a public artwork to be eligible for fee reimbursement. In late 2016, Public Art staff also met with a representative for the applicant to further discuss the process. Since that time, the applicant did not follow the above outlined approval process to allow for fee reimbursement for TH-225 Cupids on Dome by Jacob Dagan. At its January 11 , 2017 meeting, the Commission reviewed the application and determined that in addition to not having received approval prior to the installation of the artwork, that the application was incomplete. Therefore, the Commission voted unanimously to continue the item to its next meeting to allow the applicant time to provide the missing information, which included documentation that the creator of the sculpture is an established artist; clarification as to whether or not the artwork is, or is intended to be, part of an edition of fifty (50) as indicated by the application; and what number in the edition the artwork is. At its February 8, 2017 meeting the AIPP Commission reviewed the materials submitted by the applicant and recommended that City Council deny the request for the reimbursement of the AIPP fee in the amount of $17,500 for the artwork for Venus de Fido due to the following reasons: 1. The applicant has provided neither a resume nor a biography for the artist, as is required by section 4.10.070 of the Palm Desert Municipal Code. Only a letter from the artist with minimal information in it and a description of the fabrication process was provided. 2. The application names Jacob Dagan as the artist for the project, but images submitted to staff show that Chaiwatt Tohng is named as the artist on the plaque that accompanies the artwork. 72500.00011\29638048.1 DRAFT 3/15/17 Staff Report Request for Reimbursement of AIPP Fee to Venus de Fido March 23, 2017 Page 4 of 4 3. There was still some question as to how many sculptures are, or will be, included in the edition. A letter from Jacob Dagan states that the production of the sculpture is limited to fifty (50) sculptures, but AIPP policy requires that the artwork be in an edition of twenty (20) or less. Denial of the return of the AIPP fee for this project would not result in the applicant's having to remove the artwork from its installed location. Fiscal Analysis Approval of the recommendation denying the application for the return of the Art in Public Places fee would have no fiscal impact. Submitted by: Department Head: gay", J Deborah S. Glickman, Ryan Stendell, Management Analyst Director of Community Development Approval: Ja oore, Director of Finance Lauri Aylaian, City Manager City of Palm Desert, California Art in Public Places Program Form B: Project Completion Notification Date Form B should be submitted by the Developer upon installation of artwork on site or donation of artwork to City of Palm Desert. I. PROJECT INFORMATION Project Name Si 0 Project Address V.TQ Project Manager Name 1,.k NO 1 Project Manager Address SM-'0 CcSzi O.r. r.,O Q , C c� C't a a ' Telephone/Fax —] 6O `? (r)CXn o Email '1 cp ) S n wart oSS.G.v\v ,u> dl c� Project Owner F i L>,C _ �-. � C� () o Owner Address O CASic C�,,�. -O Telephone/Fax -7 to 0 9706 Email Project Completion Date Public Art Fee Amount $ o3 Total Artwork Cost $ CO0, 0 0 Requested Public Art Fee Reimbursement Amount$ 4 II. ARTWORK INFORMATION Program Option: Artwork on site X Donation Artwork Title -k \ - a a 5 C v. 6�Qr-VVVQ.... Artwork Site V (�rli Artwork Material s o ti Artwork Dimensions 5-4-s '/ k .1(91 'r h k c; y\ 1 City of Palm Desert—Art in Public Places Artist(s) Name -2-4cCO `C7 ►. A t) Address 5c aD �[kMaE4,&c OL` )-cz •,�v.9 cb Telephone/Fax <5'/ ri -7144 - J.1 LJ Email Artwork Installation Date v ) 1 , III. ARTWORK DOCUMENTATION 1. Three digital images via email, CD, or flash drive showing the work from at least two different viewpoints, and one image of the work in detail. 2. One digital image of the artwork identification plaque as installed. 3. A final accounting of expenses incurred in creating the artwork including copies of the artist's invoices and receipts for all expenditures related to the artwork. 4. Proof of payment of the public art fee from the Building and Safety Department. 5. Proof that appropriate permits and certificates were acquired (Proof of Review Form and Proof of all appropriate inspections). 6. Public Art Agreement. 7. Letter to City Council requesting return of the public art fee for submission to and approval by City Council. 2 City of Palm Desert, California Art in Public Places Program Proof of Review Form Submit with Form B: Project Completion Notification Project Name, Address, Phone Number rip Q.c 7 c, r- Ie55 rdroDr. Paly ,,1) PS rl CA 93-=Co o Contact Name L0 o't'i S Artwork Title P i AS n rk r in e_Aa_c l i j Q ,f�0,1_r� M c�5 f C, Building & Safety Department J Project does not require permit I Project requires permit Applicant is required to provide proof of permit with From B: Project Completion Notification. 99-J/Let-71---c__ 3/7//4- Building & Safety Dept. Representative Signature Date Landscape Division Approval ` Project does not impact landscape Reviewed by Landscape Division • Comments Signature Date This form must be completed by applicant and appropriate City personnel, and included with Form B once artwork is installed and the return of the public art fee is requested. mil- • t .- T- `M �?, ' • . '• w , • AF r f . 1 • tr4„:'' r - 4111 i t-- -k,4,'4..8\ . . - .-7 pir f*,,. 10 ,, . .- - , ' 4 .,..,. i r-,. -0. < i` j r L Y ¢ :.• -:, ;.....,. . ..;.• ..:•.•........ • . . --411J. 7 Ill-- a II 9/' t tir„: • . o 14. F J :tap" , . ..._ •_.._ __ ', �„' s I Required from meeting of January 11,2017 (1) Artist Biography for Sculpture at Venus de Fido Chaiwatt Tohng is the lead designer of bronze sculptures for: Watanpaniche Bronze Foundry. There are located at 124120-22 Borphat Road; Samphan Thawong, Bangkok 10100,Thailand. All of Mr. Tohng's works of art are made using the Lost Wax Casting Process Most detailed works are cast using the "Lost Wax" process. This is the most precise metal casting technique in existence, ensuring accurate reproductions of the original sculpture and exquisite detail. All bronze pieces are cast from a wax model regardless of the original material the model was sculpted in usually in clay or wax. "Lost wax" casting method was found in thousand years ago. Even though, modern methods and materials have improved the technique. It is still an extremely labor intensive and expensive process. (2) Was art intended to be or is in an edition of 50 or better? The intention was to be maximum of 50 reproductions, however, this is the fourteenth edition and no further editions are anticipated. (3) Edition of this sculpture As mentioned above, this is number fourteen. (4) Proof of Installation of plaque Please see attached picture. (5) Proof of it being a far superior piece of art than others Please see attached pictures. Respectfully submitted on behalf of VENUS DE FIDO.INC. Lindi Biggi This bronze fountain is truly, an original piece. This was designed and made in April, 2005. The design was created by Mr. Jacob Dagan, with the help of a well- known Thai artist - Mr. Chaiwatt Thungoy. Mr. Chaiwatt started doing bronze sculptures 40 years ago and most of his works was Thai religious sculptures. In the year 2000, with the growing demand for French style bronze works, Mr. Chaiwatt started sculpting monumental old world style fountains. He is also a popular Thai country singer. Despite his hectic schedules with the bronze works, he still manages to perform as a singer all over Thailand. The bronze that you have depicts musician ladies and cupids. Mr. Chaiwatt's love of music and his fascination to French renaissance was his inspiration in making the piece. As soon this artwork was completed, we had decided to limit the production to just 50 pieces. This bronze statue was done using the "lost wax process"— meaning that only a fountain can be cast at a time. Imagine, it is taking about a month to complete the whole process,just to make a piece. As you know, this fountain was cast in Thailand and over there, they are not used to note the edition number. But in the best of my knowledge, this was the 18th fountain that we made. We are hoping this helps you with your concernjs. Thank you and best regards, Jacob Dagan pr'LU 16 04:30p Cargo 7607733086 p.1 i JOOD INVESTMENT COMPANY 5820 Vanalden Avenue,Tarzana,California 91356 Tel#(818)744-1443;Fax$(855)556-2022 April21, 2016 t CARGO FURNISHINGS &CONSIGNMENT 71550 Highway 111 `. Rancho Mirage, California 92270 Dear Patti, • This is to confirm that I—Jacob Dagaa—designed this fountain(image as below)ten(10)years ago which I have named as TH-225 CUPIDS ON DOME/LADIES PLAY MUSIC. Its dimension is 58"x58"x101"H. iil r - t IF f i The mold was created by my Thai artist - MR. CHAIWATT TOHNG. Production of this fountain was set to 50 pieces. Thank you and I am hoping this confirmation will help. Respectfully yours, Jacob Dagan Owner TH-225 Cupids on Dome by Jacob Dagan Proposed Public Art Component for Venus De Fido L._.........„1.1. ''.'' '''"- II ..11011111111111111111111111111111111. • .777...".1." 1•Ilm, l'4,,, A* : • ..1.ri..Z.4411FI:iv* Ai .•- .. • # r'' !'s--:--_:::. — a.'1- — .:', 4,1,... : • i . ...., . .ii, • . A a : , i ,. 44 -4144 1„ . ., . .. III '; •• ., ,- • 1.. . .il 7-i r, i• '. , , . . 1. . ,, .1 •,,., N.. . tile, . . „ .v. • 1.' ,. 1 ,. . . -. . .. .,.______ • ..1 : , • '. „ k..fr, .fr.. L .•, 4 _ . -,. •. 4 - . • .-__4'.-- - ". ' . teL,fr--,, -•-•:" . •-fr., . fr ,,, .. '4 .. •,o a ; • _ ,:,-. . . • • ' ----------- fr. • - -fr.4,;,5,„ . •e..fr,.. ,4441,'S 7„„,. „. ''414211k''. '. .•''',.,1144:-, • 10 ' • —0,iier.1 . 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' ..., .:4: '......F-'''. - 11114111 :.• -„At.**". :', . %. . ,r4 iii:9%.- '-: ‘... ,.. .... ...• , , "." 1.,•_., .• . , _0 .........-44., Jr th4-4.4DxF.a.z. w a, '•° ,• ' ti • • 1r4. f rR,'... rk• r r • a '+..•al •*�6 it, " •(a•.4•4. . �F •+ : •. , • _. ,y- ,.r. �� .-. r�am.. . !iw. ip i N. r E .y* ..7 + . .. ` * ++C_� 'Li • e. •. •t ■'7 - - . 7 . Z ••+'w r Tyr• k sti. - ..• • •i• • :a•t r .. • r l' . r - ar. =r,�. - • • 'r_ .3 it • r• - $ I . • . • 'r w , Y • • . 'IP • • *0 r S +•r . •• • r • • •• i r . I• ' r r f. ff r :` : 4r '�' . -4.111 - t - L r fir. f w . 0/I i il P 1 • Is ' t� -- r "1:11/1 J ms,e , PUBLIC ART AGREEMENT THIS PUBLIC ART AGREEMENT dated this day of i referred�'�between the City of Palm Desert, a municipal corporation, hereinafter eina her re e ed to as) � � r "City' and pp - , hereinafter referred to as "Owner/Developer" is. made with�e�p� o the foll ln49-/ +� ��`�� �'� " v k�- �' A. Owner/Developer is the owner of property located in the City of Palm Desert, County of Riverside, State of California, described as as shown by Map, Book in the office of the County Recorder, County of Riverside. The street address of the parcel is:73 L , Palm esert, California. B. Owner/Developer has heretofore applied for and been permitted to construct a project for which the establishment of specific public art is required and in order to comply with the City's requirements, the art should be placed in the project and the Owner/Developer has continuing indemnification and maintenance responsibilities as hereinafter set forth. C. In consideration of the approval process and the installation of such art, this indemnification and hold harmless agreement executed by the Owner/Developer, the City proposes to issue all permits for the installation of same. D. Now, therefore, the City and Owner therefore agree as follows: NOW.THEREFORE.the parties hereto agree as follows: 1. City has approved the development of the project of Owner/Developer that includes the installation of artwork in said project, which artwork shall remain the ownership of Owner/Developer. 2. So long as artwork remains in place, Owner/Developer agrees to indemnify and hold harmless the City, its officers, agents, employees and representatives against any and all losses, actions, proceedings and/or claims, including attorneys' fees and all other costs of defense that were made against the City, its officers, agents, 72500.000(11\7464734.1 7/25/12 1 employees and representatives in connection with or arising from the installation, the existence or maintenance of such artwork. Owner/Developer's obligations under this paragraph are currently running with the property shall be binding upon owners, successors in interest and assigns. 3. The Owner/Developer has submitted to the City clerk a Certificate of Public Liability Insurance in a form acceptable to the City manager naming the City and its officials and employees as additional insureds and with limits as specified by the City manager. The Owner/Developer shall cause the insurance to remain in effect for the life of the project. 4. Owner/Developer shall be responsible for the maintenance, repair, upkeep and replacement of such artwork as required by the City. This maintenance responsibility shall include the responsibility for all damage to the area or the artwork that may result from construction or the item being installed on said property. The property shall be maintained in a clean, safe and attractive manner. If City, in its sole discretion. determines that the artwork is not being maintained in an acceptable condition, City through its Code Enforcement Department shall notify Owner/Developer in writing that they have fifteen (15) days to correct said deficiency. If the deficiencies are not corrected in the manner and within the time set forth, the City may make such corrections at the expense of the Owner/Developer. Upon completion of said maintenance and/or repair City shall send Owner/Developer a demand letter by first class mail to reimburse City the cost of maintenance with repairs within fifteen (15) days. In the event there is a failure to reimburse the City within such time frame, City shall be entitled to specially assess Owner/Developer of all costsincurred-in maintaining or repairing such artwork, any cost of collection, including attorneys' fees and other court costs, and lien the property. 5. This Agreement shall be binding upon and inure to the benefit of all executors, administrators, successors, assigns, agents, employees, attorneys and representatives of their respective parties hereto. In the event any provision or disagreement shall be held to be invalid, the same shall not affect any of the terms of the remainder of the Agreement. In the event of any controversy including the dispute 72500 00001\7464734.I 7/25/12 2 between the parties, arising out of or relating to this Agreement, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees and costs. 6. This Agreement is made in and shall be governed by the laws of the State of California 7. This Agreement shall be notarized and recorded in the County of Riverside, State of California. CITY: CITY OF PALM DESERT, a municipal corporation By: , Mayor APPROVED AS TO FORM: By: CITY ATTORNEY ATTEST: RACHELLE D. KLASSEN, CITY CLERK OWNER/OPERATOR: ( a _ 72500.00001\7464734.1 7/25/12 3 , j ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached. and not the truthfulness, accuracy, or validity of that document. State of California County of RIVERSIDE On 02/07/2017 before me, MELANIE R MARTINEZ, NOTARY PUBLIC , (here insert name and title of the officer) personally appeared LINDA C BIGGI AND GENE L BIGGI who •roved to me on the basis of satisfactory evidence to be the person hose nam:10 is subscribed to the within instrument and acknowled•ed to me that he/she/fit) executed the same in his/her403.authorized capacity and that by his/her d D signatureaPon the instrument the persor s j or the entity upon behalf of which the perso 1S!.cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing • . : .raph is true and correct. MELANIE R MARTINEZ Commission•2126547 WI ESS • • h. d . - • o• '" -al. / z" .."- Notary Public-California 7 , Vr. ^% Riverside County ',Ay Comm. 12 2010 •ice / _ _/01„ Opp- r _ _ (Seal) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 20_ before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) On , 20 before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: (seal) 72500 00001\7464734.1 7/25/12 4 Glickman, Deborah From: Thompson, Deb Sent: Wednesday, September 07, 2016 12:52 PM To: Glickman, Deborah Subject: FW: Confirmation of Fees-73600 Alessandro Dr From: Cicchini, Suzanne Sent: Wednesday, September 07, 2016 12:51 PM To: Thompson, Deb Subject: RE: Confirmation of Fees-73600 Alessandro Dr Hi Deb, believe this is the permit you are inquiring about. Highlighted below is the fee. BP200I03 CITY OF PALM DESERT 9/07/16 Application inquiry Fees 12:42:50 Application number: 14 00062299 Property • 73600 ALESSANDRO DR PLN1D Fee C?ass/Type/Description Trans amt Amt due Struct Permit Insp A CI *CHILDCARE FAC IMPACT FEE 4895.10 .00 A CT CONSTRUCTION TAX 2175.60 .00 A G1 *GREEN BLDG FEE SB1.473 140.00 .00 A JV JOB VALUATION 875.00 .00 A LH LOW INCOME HOUSING 5439.00 .00 A ME MICROFILM 171.70 .00 P PF PERMIT FEES 7470.44 .00 000000 BC2500 P PF PERMIT FEES 492.29 .00 000000 FP0400 A PO PUBLIC ART/OTHER 17500.00 .00 A 11 *PLAN CHECK FRAMED IMPR 7135.27 .00 More... Credit fees due: .00 Revenue fees due: .00 Total due: .00 BP200101 CITY OF PALM DESERT 9/07/16 Application inquiry 12:43:55 Application number • 14 00062299 Application status, date . . : APPROVED 9/12/14 Property 73600 ALESSANDRO DR PLMD Parcel Number • 627-153-018- - Tract number/Lot number. . . :00000-00-0005/SPORTS CLUB Zoning • R3 RESIDENTIAL MULTI FAMILY 1 • Application type • ADD1 *ADDITION TO COMMERCIAL BUILDING Application date . : 5/07/14 Tenant number, name • REMODEL/ADD'T VENUS FIDO Master plan number, rev'wd by: CW Estimated valuation • 3500000 Total square footage • 5439 Public building • NO Work description, qty . . . . Pin number • 650750 App ication desc LOWER M Suzanne Cicchini Administrative Secretary Department of Building & Safety City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 (760) 776-6420 Ext. 431 (760) 776-6392 Fax EMAIL ADDRESS: sicchini@cityofpalmdesert.org From: Thompson, Deb Sent: Wednesday, September 07, 2016 12:39 PM To: Cicchini, Suzanne Subject: FW: Confirmation of Fees Hi Suzanne: Can you please let me know what the fees for AIPP were for the address below? Thank you. Debbie From: Glickman, Deborah Sent: Wednesday, September 07, 2016 12:37 PM To: Thompson, Deb Subject: Confirmation of Fees Hi: Can you please print out for me the fees paid on 73600 Alessandro Drive? I need it for the AIPP staff report. Thanks, Deborah Deborah Schwartz Glickman Management Analyst Ph: 760.346.0611 Direct: 760.837.1664 dglickman@cityofpalmdesert.org www.palmdesertart.org/www.cityofpalmdesert.org Be Green! Please don't print this e-mail unless you really need to. 2 --------- CITY OF P ' M OESEPT Jiro • 73-510 FRED WARING DRIVE tt ti*M. RIN ,//'4 PALM DESERT, CALIFORNIA 92260-2578 f y. y TEL: 760 346-0611 %.. asL-•..�'• info@eityofpalmdesert.ort; �� 7.�` September 11, 2014 Ms. Lindi Biggi Loving All Animals 73550 Alessandro Drive Palm Desert, CA 92260 Subject: Venus De Fido Art in Public Places Fee Dear Ms. Biggi: The Venus De Fido development qualifies for payment, in the estimated amount of $17,500, for the City's Art in Public Places fee. This fee can be reimbursed to you if public art is placed on the site and in accordance with the City's guidelines and requirements. City staff will support your request for reimbursement of the Public Art fee subject to following the City's Art in Public Place Guidelines. The guidelines require that all public art piece(s) be reviewed and approved by the City's Art in Public Places Commission and City Council prior to purchase. Once the artwork is installed as approved, with all appropriate paperwork received and approved by the City Council, then the Public Art fees can be reimbursed. The value of the art piece will need to be equal to, or greater than, the fee being applied to your project. Attached is a copy of the City's Art in Public Places Guidelines. Please do not hesitate to contact the City's Public Art Division at (760) 346-0611 with any questions about the program. c ly, JOHN M. WOHLMUTH CITY MANAGER i. cc: Lauri Aylaian, Director of Community Development Deborah Schwartz Glickman, Management Analyst Eric Ceja, Associate Planner Ct',b,,DW q(,(LLE 1011 Art in Public Places Minutes January 11 , 2017 Mr. Vuksic reported that final working drawings were approved for Grafton's located on El Paseo west of Lupine. Final working drawings for Tower Market on Highway 111 were approved and construction has begun. The architectural design for Jared Jewelers was approved. Design drawings for Desert Business Club on the frontage road on the north side of Highway 111 west of San Pablo, were not approved. VI. CONSENT ITEMS HELD OVER NONE VII. NEW BUSINESS A. ELECTION OF A CHAIRPERSON AND VICE CHAIRPERSON FOR 2017 Commissioner Darby moved to reelect Chairperson Boren as Chairperson and Commissioner Miller as Vice Chairperson for 2017. Motion was seconded by Commissioner Campbell and carried 5-0-0 with Boren, Campbell, Darby, Hough, and Miller voting AYE. B. CONSIDERATION OF ARTISTS(S) TO BE INCLUDED IN THE CITY OF PALM DESERT'S ARTIST REGISTRY Artists Carin Mincemoyer, Christopher Owen Nelson, Eric Powell, Mark Yale Harris, Susan Stamm Evans, Won Choi, and Zenos Frudakis applied to be included in the City of Palm Desert's Artist Registry. Commissioner Campbell moved to accept artists Carin Mincemoyer, Christopher Owen Nelson, Mark Yale Harris, Susan Stamm Evans, Won Choi, and Zenos Frudakis in the City of Palm Desert's Artist Registry and continue Eric Powell's proposal to the meeting of February 8, 2017. Motion was seconded by Commissioner Hough and carried 5-0-0 with Boren, Campbell, Darby, Hough, and Miller voting AYE. C. CONSIDERATION TO GRANT AN EXCEPTION TO THE PREAPPROVED POLICY FOR PUBLIC ART AND RECOMMEND APPROVAL OF TH-225 CUPIDS ON 3 Art in Public Places Minutes January 11 , 2017 DOME/LADIES PLAYING MUSIC BY JACOB DAGAN AS THE PUBLIC ART COMPONENT FOR 73600 ALESSANDRO DRIVE, PALM DESERT, CALIFORNIA IN REGARDS TO THE RETURN OF ART IN PUBLIC PLACES FEES TO THE APPLICANT Ms. Glickman explained to the Commission members that this item was being added to the agenda due to the applicant's requesting staff to bring it before the Commission. Ms. Glickman stated that Venus de Fido opened on July 10, 2016, and the artwork had been installed without the applicant's going through the required process for approval of the public art in order to receive the return of the public art fee. The applicant is asking that the policy for preapproval of the installed artwork be waived and the public art fee returned. The application for return of fees and images of the artwork were circulated to the Commission. Ms. Glickman stated that the Commission needed to be aware of the fact that the applicant did not abide by the City's required policy of getting initial approval of the proposed artwork from the Commission and City Council in order to receive the return of the public art fee once the artwork has been installed. Upon question from the Commission members, Ms. Glickman reviewed with the Commission and audience members the application process that applicants must follow in order for their public art fee to be returned. The process is as follows: Applicant meets with staff regarding the potential artwork for the project; Applicant submits a Developer Application to staff; A Staff report is prepared for the Art in Public Places Commission's review and recommendation to City Council; City Council reviews and approves project; Developer installs artwork then requests return of public art fee. Ms. Glickman stated that the paperwork that was provided by the applicant did not include the required information on the artist — a resume, biography, or CV. Additionally, the invoice for the sculpture stated that the artwork is one of 50, which implies that it is in an edition of 50, but is not clear on this point. The City's policy reads that artwork needs to be in editions of artworks are to be 20 or less. Commissioner Hough asked the applicant to provide the Commission with information on the artist as well as a clarification of the 4 Art in Public Places Minutes January 11, 2017 question about whether or not this is part of an edition of 50 and if so, what number in the edition it is. Ms. Biggi addressed the Commission and asked that the Commission grant her a waiver of the preapproval requirement. Ms. Biggi stated that she was busy during the construction of the building and neglected to complete the City's required paperwork but was aware of the policy regarding the return of the public art fee. She added that the installed artwork is quite beautiful and she feels that it stands up aesthetically to any artwork in Palm Desert. After much discussion it was the concurrence of the Commission to continue the item to allow the applicant to supply the Commission information on the artist and what edition number the installed artwork is. Upon Motion by Commissioner Darby, the Consideration to Grant an Exception to the Preapproved Policy for Public Art in Regards to the Return of the Public Art Fee to the Applicant will be continued to a future meeting to allow the applicant to supply the Commission information on the artist and what edition number the installed artwork is. Motion was seconded by Commissioner Hough and carried 5-0-0 with Boren, Campbell, Darby, Hough, and Miller voting AYE. VIII. CONTINUED BUSINESS NONE IX. OLD BUSINESS NONE X. PROJECT STATUS REPORTS A. Palm Desert Community Gallery Ms. Glickman reported that the new exhibition, Art on the Edge, will open on January 19 with the opening reception on Monday, January 23 at 5:30 p.m. Ms. Glickman noted that the Call for Artists for the gallery season is out with applications due on February 1 . The proposals will be presented to the Commission at its February 8 meeting. 5 Art in Public Places Minutes February 8, 2017 have enough artwork for a solo show, that would make up four exhibitions, as well as the Student Art and Essay Contest, for the 2017/2018 season. Commissioner Hough moved to accept Gary Rosenblum and Grant McMillan; Kathleen Scoggin and Alicia Siegler; Ron Dalberg, and Juan-Manuel Alonso as the artists who will exhibit in the Palm Desert Community Gallery for the 2017/2018 season. Motion was seconded by Commissioner Adney and carried 6-0-0 with Adney, Boren, Campbell, Darby, Hough, and Miller voting AYE. B. CONSIDERATION OF ARTISTS(S) TO BE INCLUDED IN THE CITY OF PALM DESERT'S ARTIST REGISTRY Ms. Glickman stated that artist Eric Powell did not resubmit images to be included in the Artist Registry. No other artists submitted images so the item was pulled and a motion was not required. C. CONSIDERATION TO GRANT AN EXCEPTION TO THE PREAPPROVED POLICY FOR PUBLIC ART FOR TH-225 CUPIDS ON DOME/LADIES PLAYING MUSIC BY JACOB DAGAN AS THE PUBLIC ART COMPONENT FOR 73600 ALESSANDRO DRIVE, PALM DESERT, CALIFORNIA IN REGARDS TO THE RETURN OF ART IN PUBLIC PLACES FEES TO THE APPLICANT (Continued from the meeting of January 11, 2017) Ms. Glickman reminded the Commissioners that at its Art in Public Places Commission meeting of January 11 , 2017, the Commission continued the above stated item requesting that the applicant provide the Commission information on the artist, information as to the size of the edition this sculpture is a part of, and what edition number the installed artwork is. Ms. Glickman reminded the Commissioners that the City's policy requires that in order for artwork to be eligible for reimbursement of Art in Public Places fees, it needs to be part of an edition of 20 or less. Ms. Glickman referred to the paperwork that the applicant supplied to staff which states that the installed sculpture is number 14 in a potential edition of 50, although the paperwork submitted by the applicant states that the artist is not clear as to if all 50 in the edition will be produced. Commissioner Hough noted that in most cases the edition number will be included on the artwork. There were no images provided that indicated the edition 4 Art in Public Places Minutes February 8, 2017 number. The paperwork that was provided by the applicant regarding information on the artist was not specific to the artist but explained the lost wax casting process that the fabricator used to create the sculpture. Ms. Glickman stated that she did try to look up the name of the artist that was provided by the applicant but did not find any information on the Internet. The Commission is being asked to decide if it wants to waive all of the above discussed discrepancies. She noted that if the Commission recommends waiving the discrepancies, it could set a precedent for future projects. This concern was echoed by other Commissioners. If the Commission denies the request, the artwork does not need to be removed; it only means that the applicant will not be refunded the public art fee. Ms. Glickman noted that at its January 11, 2017 meeting, the applicant stated that she was aware of the City's requirements but did not fulfill them. Staff referred to a letter from two years ago written to the applicant by the former City Manager explaining the steps that are required in order for a developer to receive a refund for the public art fee artwork that has been installed at their property. Commissioner Darby stated that once a procedure is broken, precedence is set and in any organization procedures need to be maintained or its credibility is lost. Commissioner Hough stated that there would be no reason to have a Commission if the policies were not required to be followed. The City informed the applicant of the procedures, she understood, and placed the artwork in front of the building. She believes an exception should not be made. Upon Motion by Commissioner Hough, it was recommended to deny the request to allow the exception to the TH-225 Cupids on Dome/Ladies Playing Music by Jacob Dagan due to the applicant's not following the standard procedures set forth by the City for the return of the public art fee. Motion was seconded by Commissioner Miller and carried 6-0-0 with Adney, Boren, Campbell, Darby, Hough, and Miller voting AYE. It was noted that the subject item was denied due to the applicant not providing the Commission with the items that were addressed and requested at the meeting of January 11 , 2017; specifically, the request of information on the artist and the information of the edition number was still unclear. 5 1 Art in Public Places Minutes February 8, 2017 Commissioner Miller reiterated that the Commission determined that the procedures set forth are to be respected by all applicants and did not find that the procedures had been followed by the applicant. VIII. CONTINUED BUSINESS NONE IX. OLD BUSINESS NONE X. PROJECT STATUS REPORTS A. Palm Desert Community Gallery Ms. Glickman reported that Art on the Edge is on exhibit in the Palm Desert Community Gallery. The opening reception was well attended. She thanked the Commission members who attended the opening. The next show will be the Student Art and Essay Contest. Entries are due March 30. The Award Ceremony is Wednesday, May 3 at 6:30 in the Council Chamber. B. Docent Tours There were twenty one people present at the Saturday, February 4 tour of the Civic Center Park. Three new docents have been trained and are ready to give tours. C. Public Art Documentary Film Series Ms. Glickman stated that the film Stealing Klimt held on January 19 was well attended. Pilchuck: Dance with Fire will screen on February 16. Patrick Blythe will speak after the film. D. First Weekend Ms. Glickman reported that the Swing N Hops event on February 4 was successful and well attended (as previously noted). 6 City of Palm Desert ART IN PUBLIC PLACES PROGRAM GUIDELINES I. PROGRAM OVERVIEW Palm Desert is a new and contemporary city. Because a firm commitment exists to preserve the area's unique character and to balance development with artistic enhancement, Palm Desert has become a mecca for the flourishing recreation, resort, housing, and retail industries. Art has played an important role in the creation of character and image in the City of Palm Desert. The Art In Public Places Program provides for the integration of artworks throughout the City in public and private development to enrich the built and social environment. Palm Desert was the first city in Riverside County to create a public art program. In 1986, the City Council adopted an ordinance requiring Developers to place art or pay a fee to the Art In Public Places Fund for each new structure they build. These funds are used to purchase art for our community. The goals of the Public Art Program are to create an artistic harmony between the buildings, landscaping, and open spaces as well as to serve the people of the community and visitors by bringing art into daily life. The Art In Public Places Commission (AIPP) serves as a technical advisory committee to Council, and makes the initial selection and recommendation of artists and artworks for public and private projects. II. WHY PUBLIC ART? In its first twenty-five years, Palm Desert has taken the lead nationally in ensuring that its growth respects and complements the natural, built, and social landscape. Public art is one method of ensuring that the visual experience of the City is enriching and engaging. Increasingly, cities and major developments across North America, Asia, and Europe are discovering the power of art in creating opportunities for cultural tourism, economic development, and image building. III. ART IN PUBLIC PLACES REQUIREMENTS Through its Public Art Ordinance, the City requires that its own Capital Improvement Projects (CIP), including the City Redevelopment Agency (RDA), and private development projects contribute a percentage of the overall project construction budget (excluding land costs) to enhancing the visual appeal of the project and city. An Art In Public Places Fund was established as a depository for public art fees paid by City departments and private developers to secure a building permit from the City of Palm City of Palm Desert Art In Public Places Program Guidelines Desert. For the private sector, this fee may be refunded if an artwork has been either placed on the development site or donated to the City. The fee remains in the Art In Public Places Fund for the discretionary use of the City should the Developer elect not to participate in the program. City generated funds are typically tied to the construction site, but unspent project funds may be pooled with other unspent funds and spent off site upon conclusion of the project. A. Program Requirements No permanent or temporary Certificate of Occupancy shall be issued for any structure in the City unless the Art In Public Places requirements have been satisfied. Upon program completion and approval by the City, the Art In Public Places fee will be returned to the developer. Artwork located on private property shall remain the property of the owner for the life of the Certificate of Occupancy. Ownership of the work will transfer to any successive owner of the property. Once the artwork has been accepted by the City and installed it cannot be removed or altered without specific written approval of the Art In Public Places Commission. Private sector projects subject to compliance are: • All individual residential units whose building valuation permit is in excess of one hundred thousand dollars ($100,000) which is assessed an amount equal to one quarter of one percent (1/4%) for that portion in excess of one hundred thousand dollars. • All other residential development, including two or more single- family dwellings being built concurrently in the same tract by the same owner or contractor which is assessed an amount equal to one quarter of one percent (1/4%) of the total building valuation. • All commercial development which is assessed an amount equal to one half of one percent (1/2%) of the total building valuation, excluding land acquisition and off-site improvement costs. The total building valuation is computed by using the latest Building Valuation Data as set forth by the International Conference of Building Officials (ICBO). Revised 7/11 2 City of Palm Desert Art In Public Places Program Guidelines B. Developer Options Several options are available to the private developer to meet the City's art requirement. They are: 1. Artwork On Site Upon assessment of the public art fee, the Developer may elect to site a permanent public artwork as part of the development project. Using this option, the Developer may • Utilize the City's artist slide registry to find artists; • Select the artist directly; • Hire a professional consultant to select artists to commission site-specific, architecturally integrated artworks; • Purchase artworks for permanent installation. Artworks may be • Singular, discrete objects (sculpture); • Artist designed amenities (streetscapes, paving treatments, lighting standards and treatments, benches, wayfinders, architecturally integrated water features, artist designed landscape treatments or other artist designed amenities or aesthetic treatments). • Artworks must be located outside in publicly accessible locations. • If artwork is part of a limited edition series, the series must be no larger than 20. Upon completion and installation of the work on site, a Certificate of Occupancy will be issued and the art fee will be returned to the Developer. The Artwork On Site approach allows the Developer to: • Maximize and return the outlay of art fees by bringing a signature artwork to the development as an identifying and prestige feature; • Increase the scope of work of a particular project or feature within the development by using art allocations to supplement and enhance the budget (for example, bringing an artist in to design an already budgeted water or entry feature); Revised 7/11 3 City of Palm Desert Art In Public Places Program Guidelines • Keep the artwork on site. 2. Art Donated to the City of Palm Desert Upon assessment of the public art fee, the Developer may elect to purchase an existing artwork or commission an original artwork for donation as a gift to the City of Palm Desert's public art collection. Donations to the City are reviewed by the Art In Public Places Commission and City Council to determine the aesthetic quality of the donation, the work's maintenance requirements and the appropriateness of the donation to the overall goals of the Art In Public Places Commission. This approach allows the Developer to: • By-pass the commission or purchase and subsequent installation of the artwork on the property. • Increase public awareness of the Developer and development as civic benefactors. 3. Fees In Lieu of Artwork On Site Upon assessment of the public art fee, the Developer may elect to pay the fee to the Art In Public Places Fund with no intention of placing artwork on site or donating a work of art to the City. Funds are subsequently used by the City of Palm Desert and Art In Public Places Commission on publicly sited projects of their choosing. This approach allows the Developer to: • By-pass completely the public art process. IV. SITE CRITERIA FOR DEVELOPERS A. Eligible Public Art Location • Such facilities include commercial or residential buildings and adjoining plazas, parks, sidewalks, traffic islands, public buildings, power stations, etc. • Spaces may only be exterior. Revised 7/11 4 City of Palm Desert Art In Public Places Program Guidelines • Locations can include surface treatments of buildings, retaining walls, and bridges. The definition of"location" can also be expanded by an artist's ability to extend the possibilities for public art, and would then be determined on a case-by-case basis. • Projects can also include artist-designed features that might otherwise be provided by commercial sources, such as gates, water fountains, tile and surface materials, doors, furniture, clocks, lighting fixtures, railings, signage, etc. B. Eligible Public Art Components On-Site Art in Public Places The Art in Public Places Program is receptive to the broadest definitions of art and encourages imaginative interpretations of media. The possible media and materials, which might be used for permanent or temporary installation, decorative or functional purpose, include: • Sculpture: Free standing, wall supported or suspended; kinetic, electronic, etc., in any material or combination of materials. • Painted and mosaic murals. • Earthworks, fiberworks, neon, glass, mosaics, photographs, prints, calligraphy, any combination of forms of media including sound, film, holographic and video systems, hybrids of any media and new genres. • Standardized fixtures such as gates, streetlights, signage, etc., may be contracted to artists for unique or limited editions. V. BUDGETARY GUIDELINES FOR DEVELOPERS A. Eligible Costs All artworks created by artists are considered eligible expenses for the Art in Public Places Program as well as the following: • Structures, which enable the display of artwork(s). • Artists' budgets for projects, which will be expected to cover: • Professional fees for the artist(s). • Labor of assistants, materials, and contracted services required of the production and installation of the work of art. Revised 7/11 5 City of Palm Desert Art In Public Places Program Guidelines • Any required permit or certificate fees. • Business and legal costs directly related to the project. • Studio and operating costs. • Communication and other indirect costs (insurance, utilities). • Travel expenses of the artist for site visitation and research. • Transportation of the work of art to the site. • Preparation of site to receive artwork. • Installation of the completed work of art. • Documentation (color slides and black and white photographs) of the artwork. B. Ineligible Costs • Directional elements such as supergraphics, signage, or color-coding except where these elements are integral parts of the original work of art. • "Art objects" which are mass-produced of standard design such as playground equipment, fountains, or statuary objects. • Reproductions, by mechanical or other means, of original works of art, except in cases of film, video, photography, printmaking or other media arts. • Decorative, ornamental, or functional elements that are designed by the building architect as opposed to an artist commissioned for this purpose. • Landscape architecture and landscape gardening except where these elements are designed by the artist and/or are an integral part of the work of art by the artist. • Services or utilities necessary to operate or maintain the artwork over time. VI. ART IN PUBLIC PLACES ART SELECTION GUIDELINES • Will the art component be concentrated in one area or distributed throughout the public spaces? • Is the proposed project/program a collaborative effort? If so, specify the participants, responsibilities, and proposed arts budget allocation to non-arts components, if applicable. Revised 7/11 6 City of Palm Desert Art In Public Places Program Guidelines • How will the art component function within the whole development? Activate a space? Provide a landmark? Serve a function (gateway, seating, etc.)? • Who are the primary and secondary audiences for the artwork or cultural program (pedestrians, building users, tourists, automobile traffic, etc.)? • How has the anticipated audience influenced your choice of artwork? • If applicable, describe plans for artwork to conform to necessary safety and functional requirements. Who will assist on these requirements? • Describe plans for fabrication and installation of the artwork. • Describe needs and plans for ongoing maintenance or program development responsibilities. • Please submit 50 percent schematic design, with model, if appropriate. VII. PRIVATE OWNERSHIP AND MAINTENANCE REQUIREMENTS A. Maintenance All privately sited artworks shall remain the property of the owner for the life of the Certificate of Occupancy. Title and ownership of the artwork shall transfer in whole or in part to any successor in interest of the structure. The owner of the artwork shall provide all maintenance necessary to preserve the work in good condition. In addition, the owner of artwork shall maintain in full force and effect fire and extended insurance coverage, including but not limited to vandalism coverage, in a minimum amount of the purchase price of said artwork. Failure to maintain the artwork will make the owner subject to possible liens against the real property. B. Removal or Alteration of the Work Public art installed onto or integrated into a private construction project shall not be removed or altered without the approval of the City Council. If the art is knowingly removed or altered without prior approval from the Art In Public Places Commission, the Certificate of Occupancy may be revoked by City Council upon due notice. In addition, if artwork is removed by the property owner without the approval of the Art In Public Places Commission, the owner shall contribute funds equal to the original public art fees, or replace the work with another of equal value, as approved by the City. If this Revised 7/11 7 City of Palm Desert Art In Public Places Program Guidelines requirement is not met, the Certificate of Occupancy may be revoked. VIII. SITE SELECTION General criteria for the selection of an art site include: A. Location, Installation and Identification • Artworks for public and private projects must be located in an exterior area, which is accessible to the public at all times. • Installation of the artwork should be planned to complement the work and allow for unrestrained viewing from a variety of vantage points. • Potential obstruction of growing trees, shrubbery, or future construction should be taken into account. • The artwork shall be a permanent, fixed asset to the property. Each artwork shall be identified by a plaque stating the artist's name, artwork title, and date the artwork was dedicated. The plaque will be placed in an appropriate location near the artwork that can be easily accessed by pedestrians. B. Public Placement • Artwork sites for public projects are selected for its aesthetic possibilities as recommended by the AIPP Commission or City Council. • Sites may include urban gateways, vistas, public spaces and plazas or other exterior, publicly accessible places. • Particular attention will be given to providing artwork at major intersections, corridors and entrances to the City of Palm Desert. • Artwork sites for City Capital Improvement Projects including RDA or private donations may include public facilities such as the Civic Center, Senior Center, schools, parks and recreation buildings or other sites as appropriate. Revised 7/11 8 City of Palm Desert Art In Public Places Program Guidelines C. Private Placement • On-Site: The artwork shall be displayed in one or more of the following locations on the site of the commercial structure: o Architecturally integrated into the structure or hardscape. o Placed as a discrete object in any exterior location open and available to the general public, in a manner, which complements the artwork and site. • Off-Site: At the request of the applicant for a Certificate of Occupancy, the artwork may be located on a site other than that of the development provided, however, that the site is selected by the Art In Public Places Commission and approved by the City Council. IX. ARTWORK SELECTION A. Selection Criteria for Artists General criteria for the Art In Public Places Commission or developer to consider in selecting artists for public or private projects should include: 1. The aesthetic and technical quality and originality of the artist's previous work as evidenced by slides and other supporting materials; 2. The artist's previous experience with public art projects of a similar scale and scope; 3. The artist's demonstrated ability to execute and complete a project in a timely and professional manner; 4. The artist's ability to communicate ideas verbally and visually, and work effectively in a team environment; 5. The appropriateness of the artist's proposal to the particular project and its probability of successful completion; 6. A wide variety of nationally known artists as well as local artists. Revised 7/11 9 City of Palm Desert Art In Public Places Program Guidelines B. Selection Criteria for Artwork General criteria for the Commission or Developer to consider in selecting artwork for public or private projects should include: 1. Quality: artwork demonstrates originality, artistic excellence, and quality; 2. Media: all visual forms and media may be considered, subject to the selection jury or the Art In Public Places Commission; 3. Style: artworks of all schools, styles, and tastes should be considered; 4. Response to Site: artworks and art places should be appropriate in scale, material, form, content, and value for the immediate, general, social, and physical environments with which they are to relate; 5. Team Approach: encourage the early involvement of the artist as a member of the project design team of architect, engineer, landscape architect, etc.; 6. Durability: consideration should be given to structural and surface integrity, permanence, and protection against theft, vandalism, weathering, excessive maintenance and repair costs; 7. Elements of Design: consider that public art, in addition to meeting aesthetic requirements, may also serve to establish focal points, terminate areas, modify, enhance, or define specific spaces or establish identity; 8. Public Liability: artworks and art places should be examined for unsafe conditions or factors that may bear on public liability; 9. Diversity: strive for diversity of style, scale, media, artists, community values, forms of expression, and equitable distribution of artworks throughout the City. C. Selection Methods Artworks for public and private projects may be selected in a variety of methods. In addition to advertising of projects, the Art In Public Places Artist Registry is a resource for the review and direct selection of an artist or artwork. Selection methods may include but are not limited to: 1. Open Competition: The project is advertised locally, regionally, nationally or internationally and through the AIPP artist data bank. Interested artists may submit materials for review, which include slides, letter of interest, resume and Revised 7/11 10 City of Palm Desert Art In Public Places Program Guidelines supplementary materials such as reviews, articles, books or brochures. 2. Limited Invitational: A selected number of artists are invited to submit materials for review. Artists finalists may be selected to submit detailed models for the project for which they will be paid a fee. 3. Invitation: One artist is invited to submit materials for review, and may be commissioned to create a detailed proposal. 4. Direct purchase: An existing work is purchased for a specific project. Selection of the artwork for City sponsored projects is subject to the artist(s) providing materials and completion bond, as well as completing a contract as set forth by the City Attorney. X. REVIEW AND APPROVAL PROCESS A. Art In Public Places Commission The Art In Public Places Commission serves in an advisory capacity providing recommendations for art placement to the City Council. Membership of the AIPP Commission is made up of nine arts professionals who are residents of Palm Desert. Arts professionals for these purposes are defined as: curators, visual artists, art critics, art historians, art collectors, architects, landscape architects, art educators and other persons with visual arts backgrounds respected in their field and willing to engage effectively in a panel process. Commission appointments shall be made by City Council who may on occasion appoint a non-resident visual art professional whose expertise is required for the program. The Architectural Review Commission and the Planning Commission shall each appoint one member to serve as non-voting liaison to AIPP. These members are responsible for providing follow-up to both commissions/committees on the status of current projects. A City Council liaison appointed by the Mayor and a Staff liaison appointed by the City Manager serve as ex-officio members to the Commission. Revised 7/11 11 City of Palm Desert Art In Public Places Program Guidelines Membership appointments will be limited in order to (1) promote equal opportunity to the membership to serve in a leadership role; (2) bring a diverse aesthetic; (3) bring diverse ethnic and cultural perspectives to the program; (4) most precisely match the project's program to the expertise of the panelist. B. AIPP Responsibilities The AIPP is charged with the responsibility to: 1. Serve as the selection panel for all City initiated public art projects; 2. Serve as the first review body for all privately initiated public art projects; 3. Provide technical and aesthetic recommendations for all public and private public art projects for City Council; 4. Review artist applications for participation in the Art In Public Places Artist Registry; 5. Create and recommend cultural policy for the visual arts for the City of Palm Desert. XI. ARTIST SELECTION METHODS A. City of Palm Desert Public Process 1. Artists solicited (solicitation process dependent upon selection method as determined by AIPP); 2. Materials reviewed by AIPP, finalists shortlisted (as appropriate) with selection forwarded as recommendation for commission or purchase to the City Council; 3. Review by City Council with direction to staff to proceed with commission contract if approved; 4. City Council determination of final acceptance upon project completion. Revised 7/11 12 City of Palm Desert Art In Public Places Program Guidelines B. Private Development Process 1. Public Art Developers Guide received upon contact with Planning Department; 2. Art In Public Places Program contacted; 3. Public Art fees paid to receive building permit; 4. Pre-Design consultation with City Public Arts Manager; 5. Artwork site/artwork selected; 6. Art In Public Places application submitted; 7. City review/approvals of artwork site and artwork (AIPP and City Council); 8. Artist/artwork commissioned/donated/purchased; 9. Artwork installed, including any required certificates or permits; 10. City notified of completion/Certificate of Occupancy application; 11. Application for refund of fees. Revised 7/11 13 Klassen, Rachelle Subject: FW: City of Palm Desert:Website Contact Us Form Submission Rachelle Klassen City Clerk Ph: 760.346.0611 Direct: 760.776.6304 rklassen@cityofpalmdesert.org From: Lindi Biggi [mailto:lindi@lovingallanimals.org] Sent:Thursday, March 16, 2017 11:40 AM To: Emily Mclean<emimclean@gmail.com>; Glickman, Deborah <dglickman@citvofpalmdesert.org> Cc:Aylaian, Lauri<lavlaian@citvofpalmdesert.org>; CityhallMail<Citvhall(c@citvofpalmdesert.org>; Kathleen Kelly (Kellv4pd@gmail.com)<Kellv4pd@gmail.com>; Gina Nestande<gnestande@aol.com> Subject: RE: City of Palm Desert: Website Contact Us Form Submission Emily Mclean and Deborah Glickman I thank you both for your time and effort spent on my problem with the Venus De Fido, ART IN PUBLIC PLACES issues. As Deborah indicated in her first paragraph, I could have just given the City$17,500.00, ignored the whole ART ordinance and considered that money as part of the cost of obtaining a Building Permit in Palm Desert California. But why would I? I wanted to buy a building permit, the huge sums of money I was paying should cover the cost of a building permit? As Deborah says, most developers know they can't beat City Hall so they just pay this unrelated fee (plus a bunch of other ones), add the extra cost to the cost of the project and the end-consumer pays for the unreasonable fees when they rent or buy the end product. Her second paragraph alludes to the choice I made. From the very beginning, I knew I wanted the whole project to be a work of ART that the whole community could enjoy, inside and outside. I couldn't wait to show the City and the Citizens what a beautiful building would take place of the homeless camp that stood there prior to our buying the property. I really thought they would share in my pride and joy. Boy was I wrong. We had over eight local artists working on murals inside, have the place full of famous framed Art works and sculptures and if one would be honest, there is seven million dollars of beauty that has been added to our community. Her statement of"works in cooperation with the City and its Art in Public Places Commission—before purchasing and installing their artwork." The impossible, undesirable, over burdensome, unreasonable six words of that sentence have been bolded above. (I have recently learned that my unforgivable sin seems to be that I purchased the art without prior approval of a group of strangers that have never seen the construction project, nor the work of ART) Her third paragraph is somewhat misleading as she fails to mention that the City would love to have you ignore all the requirements of their burdensome ordinance, but that does not relieve you of the obligation of paying them the money. In other words, I can leave my work of Art where it is, but I also leave my$17,500.00 where it is with the City. To me, that feels like submitting to blackmail. Her last paragraph is also misleading as the City holds the$17,500.00 deposit I gave them in 2014 which was demanded if I wanted a building permit, plus I paid cash for the bronze fountain when I bought it, thus I have purchased it twice and the City has zero investment. The ART IN PUBLIC PLACES COMMISSION has recommended that City Council decline my 1 request for reimbursement of my$17,500.00 and that will be finally decided at the Council Meeting at City Hall, on March 23rd at 4:00 pm. I am truly sickened that the committee seems to have lost focus of their mission of adding beauty to this town and instead focus on forcing people to fold in fear of their power. Lindi Biggi Proud to be American and will fight for my constitution rights... "When government fears the people, there is liberty. When people fear the government, there is tyranny. (s) Thomas Jefferson From: Emily Mclean [mailto:emimclean@ gmail.com] Sent:Tuesday, March 14, 2017 1:39 PM To: IindiPlindibiggi.com Subject: Fwd:City of Palm Desert: Website Contact Us Form Submission Sent from my iPad Begin forwarded message: From: <dglickman@cityofpalmdesert.org> Date: March 13, 2017 at 12:34:08 PM PDT To: <Emjmclean@gmail.com> Subject: FW: City of Palm Desert: Website Contact Us Form Submission Dear Ms. Mclean: Thank you for reaching out to the City of Palm Desert regarding its Public Art Program. Palm Desert's Art in Public Places program was established in 1976 and the development fee that it supports was put in place 31 years ago. For its Public Art Program, the City requires that a fee based on a percentage of construction valuation, ranging from '/z% to 1% depending on the project type, be paid by all developers. A developer can simply pay the AIPP fee along with the development impact fees charged by the City (many developers choose this) or opt to place an artwork at their location. A developer who would opts to place an artwork at their location works in cooperation with the City and its Art in Public Places Commission before purchasing and installing their artwork, and then seeks reimbursement of the fee after the approved art is installed. This process has also been done successfully for many projects in Palm Desert through the years. In addition to the artwork that is placed through the above process, the City welcomes developers and building owners to install artwork at their location not utilizing the Public 2 Art fee. In these cases, the City neither oversees nor restricts the placement of artwork on private property. In the case of Venus de Fido, the City is not requiring that the developer pay the City for the sculpture to be placed at the building site, nor is it asking for the artwork to be removed. The developer's request for reimbursement of the Public Art fee is still being reviewed by the City Council, who will make the final decision on the reimbursement of the Public Art fee. Please let me know if I can answer any further questions for you. Sincerely, Deborah Glickman Management Analyst From: webmaster@acityofoalmdesert.orq [mailto:webmaster(&cityofpalmdesert.orq] Sent: Saturday, March 11, 2017 12:24 PM To: Information Mail Subject: City of Palm Desert: Website Contact Us Form Submission A new entry to a form/survey has been submitted. Form Name: Contact Us Date&Time: 03/11/2017 12:23 PM Response#: 388 Submitter ID: 2907 IP address: 67.49.69.123 Time to complete: 17 min., 27 sec. Survey Details Page 1 Your Contact Information First Name Emily Last Name Mclean Email Address Emimclean@gmail.com Phone Number 760-902-1278 Address 73140 shadow Mtn dr Address 2 Ca City Palm desert State California ZIP Code 92260 I am a: (o) Palm Desert Resident Comments or Concerns: It's hard to believe that you would charge Venus de Fido for having a piece a art(a fountain)in front of their building and 3 deam it as something you don't like or that is not your liking.This is someone who has contributed so much to our communi Shame on you. Thank you, City of Palm Desert This is an automated message generated by the Vision Content Management Systemn'. Please do not reply directly to this email. 4 Klassen, Rachelle From: Stanley, Jane Sent: Monday, March 20, 2017 2:50 PM To: Massen, Rachek, Subject: FW: Venus De Fido From: Stewart Weiner fmailto:radioevesstewart(a omail.com] Sent: Monday, March 20, 2017 2:36 PM To: CityhallMail Subject: Venus De Fido Retailers need Palm Desert and Palm Desert needs happy retailers. Maybe, rather than the city's spending money on regulations like this, enforcing it blindly and discouraging businesses, perhaps more attention could be paid to the many struggling retailers along the Frontage Road that runs from Monterey east -yard. Right now these stores and businesses arc invisible. Some of it is due to the rushed pace of the traffic along 111. Additionally, the parking opportunities for the merchants seem unclear to shoppers. New cohesive signage, medians' removal and traffic enforcement could offer a few solutions until the city's new plan takes effect. Thanks for listening, Stewart Weiner Producer: hotmenshavinr,c(nn Publisher: radiocyes.nct Creator: Ph\ \ ti ti,t ph) stu.tumblcr.corn Blower: thcchcapreportcr.wordpress.corn Klassen, Rachelle From: Stanley, Jane Sent: Monday, March 20, 2017 4:08 PM To: Klassen, Rachelle Subject: FW: Regarding sculpture of ViVA LA FIDO From: Da rmafrecKaaol.com fmailto:Darmafred(aol.coml Sent: Monday, March 20, 2017 3:46 PM To: CityhallMail Subject: Regarding sculpture of ViVA LA FIDO Shame, shame on you -----Linda Biggi's property is not on El Paseo and adds so much to our communtiy....She has never built anything in poor taste Darlene Mour. 1 Klassen, Rachelle From: Stanley, Jane Sent: Tuesday, March 21, 2017 10:12 AM To: Klassen, Rachelle Subject: FW: [SPAM] - City of Palm Desert regulations Attachments: Statue jpg From: Janet McAfee [mailto:imcafee7Caverizon.net] Sent: Monday, March 20, 2017 5:55 PM To: CityhallMail; Aylaian, Lauri Subject: [SPAM] - City of Palm Desert regulations Members of the City Council & City Manager: I am concerned that the city of Palm Desert, like many other American cities, has burdensome regulations that harm business development. The implementation of these complicated regulations, perhaps unintentionally, kills the spirit of entrepreneurship and the creation of new job opportunities in our community. As a friend of Lindi and Gino Biggi, I have learned of the trials they went through with city regulations after purchasing several buildings in the San Pablo business area and seeking to remodel them. The fees and complex layers of red tape were prohibitive and extremely costly. Most recently, the regulation concerning Art in Public Places poses unfair restrictions concerning the beautiful statue in the attached photo outside the Venus de Fido Spa on Alessandro Drive. Without even viewing the statue, the Art in Public Places Commission members voted to impose a $17,500 penalty against the Biggis because they did not have certain information about the artist and the edition number of the art piece when first asked, even after this information was later provided. Thank you for your consideration of this issue. Janet McAfee 76892 Joetta Place Palm Desert, CA 92211 (760) 851-7645 1 Klassen, Rachelle From: Stanley, Jane Sent: Tuesday, March 21, 2017 4:28 PM To: Klassen, Rachelle Subject: FW: Lindi Biggi Projects From: Sandy Woodson rmailto:sandvwoodson721@msn.comj Sent: Tuesday, March 21, 2017 4:10 PM To: CityhallMail Subject: Lindi Biggi Projects 3-21-17 Dear Mayor Harnik and City Council Members, I wish to support Lindi Biggi's efforts to get things done in the beautiful City of Palm Desert. She has been, and continues to be, a strong community asset, not only with her Loving All Animals projects, but also as a productive, tax -paying member of the community. While I do not (yet) own property in Palm Desert, I did sell my home in Rancho Mirage and am now renting a lovely home in Palm Desert and thoroughly enjoying the neighborhood and the charm of El Paseo and surroundings. My hope is that the City of Palm Desert will look favorably on Lindi's proposals and support her efforts to enhance and enrich our entire community. Lindi has taken on enormous responsibilities and expenses to ensure that all animals have a safe and welcoming environment in which to thrive - her efforts to find "forever homes" for animals has paid off handsomely over the years. I know, for I am the proud mascot of my cat, Stoli, whom I adopted when Lindi opened her first office in Palm Desert. There is surely room for all of us to share the bounty of our beautiful city (see, I'm already claiming it as "our") and to support those, like Lindi, who give so much back to the community. Everything Lindi does, she does with a pure heart and the desire to help others. Now is the time for us to help her - and through her, our wonderful city City of Palm Desert. With the greatest respect and warmest regards, Sandy Cooper Woodson sandvwoodson721Cc�msn.com 760-565-6485 72668 Skyward Way Palm Desert, CA 92260 i Klassen, Rachelle From: Stanley, Jane Sent: Wednesday, March 22, 2017 8:08 AM To: Klassen, Rachelle Subject: FW: OUTRAGE! From: p fmailto:pbcraineCaaol.coml Sent: Tuesday, March 21, 2017 5:48 PM To: CityhallMail; Iindk lindibiaa_ i.com Subject: OUTRAGE! MY NAME IS PATRICIA CRAINE. I HAVE LIVED HERE IN THE VALLEY FOR 50 YEARS. I HAVE SEEN US GROW FROM A TINY VALLEY TO THE MAGIC IT IS TODAY..FOR US AND VISITIORS FROM ALL OVER THE WORLD TO ENJOY! I AM APPALLED THAT CITY HALL WOULD EVEN CONSIDER BEING ADVERSE OR EVEN FINING LINDI BIGGI OVER A LOVELY ASSET TO VENUS DE FIDO , A FOUNTAIN , IN GOOD TASTE FOR ALL TO ENJOY. THIS PLACEMENT , AS YOU KNOW, IS IN A VERY UGLY AND ROUGH PART OF PALM DESERT. A PART YOU WOULD NOT BE PROUD OF AND HERE IS A BEAUTIFUL ADDITION, WITH WHICH YOU FIND FAULT , INSTED OF APPLAUDING! YOU SHOULD BE THANKING MS. BIGGI , VERSES TREATING HER AS IS SHE IS DEFAMING THE NEIGHBORHOOD!! SHE HAS ONLY GREATLY IMPROVED THAT NEIGHBORHOOD, WHICH IN YEARS TO COME, MIGHT HAVE BEEN TORN DOWN. HER UP TO DATE, BEAUTIFUL AND VERY WELL FUNCTIONING FACILITY IS EXQUISITE AND ANY OF THE ARTWORK , SIMPLY ENHANCES THE ELEGANCE AND CHARM. SHAME ON YOU , CITY HALL. I THOUGHT YOU HAD BETTER TASTE THAT THIS!! CRAINE PATRICIA 1 Klassen, Rachelle From: Stanley, Jane Sent: Wednesday, March 22, 2017 9:20 AM To: Klassen, Rachelle Subject: FW: Vemus De Fido, controversial sculpture at entrance From: Pam Price rmailto:DamDrice57Caamail.com1 Sent: Wednesday, March 22, 2017 9:12 AM To: CityhallMail Subject: Vemus De Fido, controversial sculpture at entrance Palm Desert, I have been covering the opening of Venus De Fido since July, 2016 . I am taking this opportunity to voice my support of the site specific sculpture installed at the entrance. It enhances the architecture and is in keeping with the outstanding design of the building. I would like to know for what specific reasons Palm Desert is opposed to this sculpture. Thank you, Pam Price/namnrice57agmail.com www.desertstarweeklv co author: Fun with the Family in Southern CA Globe Pequot Press/ 8 editions Recent Columns Palm Springs Art Patron Magazine www.Malibutimes.com www.forbes.com/sites/namnrice/ 1 Klassen, Rachelle From: Stanley, Jane Sent: Thursday, March 23, 2017 10:04 AM To: Klassen, Rachelle Subject: FW: [SPAM] - Lindi Biggi /Alessandro and "Palm Desert Building and Safety" From: Robin Kay fmailto:robinkav919Caamail.com1 Sent: Thursday, March 23, 2017 8:22 AM To: CityhallMail; Aylaian, Lauri; infoCaodacc.ora Cc: Lindi Biggi Subject: [SPAM] - Lindi Biggi /Alessandro and "Palm Desert Building and Safety" Great Cities are created by people with vision, money and co-operation from whomever is in charge. Lindi Biggi had a vision for the Alessandro neighborhood. She thought the City of Palm Desert would share her vision, assist her in creating something unique, vibrant, with tax revenue, and jobs to add to Palm Deserts list of successes. She spent considerable income buying/ improving property in the non -desirable Alessandro area full of homeless vagrants/ drug dealers and at night considered dangerous. Her first building purchase sat empty for 3 years. One would have thought a buyer of her caliber / largess would have had the city saying WOW!!! How can we help. Palm Springs, Rancho Mirage, Cathedral City, Indio, etc. pay attention to buyers purchasing multiple properties especially in semi- blighted area. Not Palm Desert! Attention comes in the form of "fines", "forgotten" required very costly permits with odd payments for Art in Public places, assisting the homeless etc. Palm Desert Building & Safety Officials do not offer advice, tutorials, or a list of "mistakes" to avoid. Not a single Building/Safetv person reached out to extend a helping hand to a buyer of no less than 7+properties Instead an endless barrage of "need more Permits", fines leveled on rule violations ensued. Lets not forget a three year wait resulting in a series of building fires, disgusting health issues, a home break-ins, added fences and additional staff hires, for the Police to even assist Biggi with the Alessandro homeless problem. A mid-dav break-in on a Biggi Alessandro home resulted in police arriving a day later, with a homeless man strumming a guitar from Biggi's , burnt out "in -Escrow" Guitar Store. She pointed out the Guitar was stolen. Rather than admonishing the homeless man the Police told Biggi , "let him have it, be nice and they will be nice". REALLY!!! Obtaining Building Permits from most Cities including my City of Residence, Palm Springs is realistic. They include a list of rules/regulations are explained by well versed, experienced people without an omnipotent attitude, especially if you are applying for anything regarding retail. You leave knowing the do's and don'ts. There are no surprises! Is Biggi treated in this manner because she uo-set the balance of power by purchasing properties that Palm Desert had in mind for something else? One would think that was true by the treatment she has received. If I were Biggi I would simply walk away, sell everything . make my profit and go to another city who cares about a new tax base. iobs and is looking for people with Unique Visions to add to their cities reputation . 1 Sincerely, Robin Montgomery Kay Palm Springs 2