The URL can be used to link to this page

Home My WebLink AboutAIPP Rmbrsmnt -L.Biggi - Venus de Fido Klassen, Rachelle Subject: FW:Venus de Fido Original Message From: Aylaian, Lauri Sent: Sunday,April 23, 2017 8:36 PM To: Lindi Biggi Cc: Gina May Nestande; Klassen, Rachelle Subject: RE:Venus de Fido Hi, Lindi- Thanks for getting back to me. By copy of this email, I'm asking the City Clerk to place this matter on the agenda for the 22 June 2017 meeting of the City Council. The meeting will be held at 4:00 p.m. in the Council Chamber. Lauri A. Lauri Aylaian City Manager City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 760.346.0611 (office) 1 Memorandum To: Honorable Mayor and Members of the Palm File No.: 72500.00001 Desert City Counc. From: Ro ity Attorney Date: April 4, 2017 Re: Lindi Biggi Appeal I. RECOMMENDATION. Consider approving reimbursement to Ms. Biggi of her AIPP deposit based on a finding of substantial compliance with the Art in Public Places Ordinance. II. BACKGROUND. At its meeting on March 23, 2017, the City Council reviewed an application for the reimbursement of the Art in Public Places in-lieu of fee in the amount of$17,500 for TH-25 Cupids on Dome by Jacob Dagan located at the Venus de Fido building at 73-600 Alessandro Drive, Palm Desert and continued it to an undetermined meeting date. At the meeting, staff presented the background on the item, which included a review of the Public Art Program and the reasoning behind the Art in Public Places(AIPP) Commission's recommendation to deny the request for reimbursement. The reason for the recommendation of denial was that the application was incomplete and not in compliance with the City's Public Art policies for the following reasons: 1. The request for reimbursement was not in line with policy because the artwork was neither reviewed nor approved by the AIPP Commission and City Council prior to being installed. 2. 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. 3. 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. 4. 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 72500 00001\29690228 3 4,4/17 fifty (50) sculptures, but AIPP policy requires that the artwork be in an edition of twenty (20) or less. At the City Council meeting on March 23, staff presented a report on the public art program and the reasoning for the AIPP Commission's recommendation on this item. After the staff report, the applicant provided a booklet of information to the City Councilmembers and gave a presentation in favor of the return of fees, followed by several community members who spoke in support of the applicant's request. After questions of staff and discussion, the City Council voted to continue the item to a date uncertain to allow the applicant an opportunity to come into compliance with the City's policies. III. NEW INFORMATION. Since the City Council meeting, staff has had the opportunity to review the new information presented to the Councilmembers at the meeting, and additional information has been received, as outlined below. 1. Not preapproved. This is acknowledged. (Under these circumstances, the applicant proceeds under his/her own risk.) 2. No resume: While we do not have a resume for Jacob Dagan, it has been verified that he is a known artist of established ability. Other of his pieces can be found on the internet. Mr. Dagan confirmed on the phone that this is his work. I Iis regular methodology is to create the drawings and plans needed for bronze sculptures, using Mr. Tohng in Thailand for the actual creation of the molds. 3. Confusion over the identity of the artist: Mr. Dagan's creative hand generated the images and Mr. Tohng's expertise accomplished the production. 4. The edition limitation. Presumably the 20 edition guideline has two purposes: 1) excessive use of a mold reduces the quality as the edition numbers increase and 2) a small number assures value (supply and demand). Since the Venus de Fido piece was among the first 20 produced, the quality issue is addressed. As to value: Exhibit 7 in the packet delivered by the applicant at the hearing contains the check used to pay $19,293.12 to Cargo Furnishings& Consignments for the subject art. A later edition of the same piece is now advertised for$16,999 (https://www.lightingneworleans.com/product/cupids-on-domeladies-play-music-fountain/). Thus, it appears that the value of the art installed approximates the amount of the AIPP fee at issue ($17,500). IV. DISCUSSION. Chapter 4.10 (Art in Public Places) does not itself contain detailed criteria for the approval of art, requiring that: - 2 - 72500.00001\29690228 3 4/4/17 "The public art department shall review the completed application and make a recommendation to the art in public places commission concerning the proposed artwork and its proposed location, considering the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork, including any recommended conditions of approval." (Section 4.10.080(B)) An applicant can appeal the decision of the commission to the City Council which has the final approval of authority. (Section 4.10.080(E).). The policy of the commission regarding the qualifications of the artist and the number of the editions can be superseded by the City Council's judgment regarding"the proposed artwork and its proposed location, considering the aesthetic quality and harmony with the proposed project, and the public accessibility to the artwork." Under the circumstances, given the Venus de Fido piece's aesthetic quality, harmony, public placement, and confirmed value, the City Council would be well within its discretion to determine that the artwork substantially complies with Chapter 4.10, and that Ms. Biggi qualifies for reimbursement of the AIPP deposit. The Council would also be within its discretion to affirm the decision of the art commission and deny reimbursement. If reimbursement is approved, and so as not to set a precedent for other developers who might proceed with the installation of art that has not been approved, and/or exceeds the maximum of twenty(20) sculptures in an edition, the City Council may want to note that this project is one that wholly reconstructed a prominently situated, blighted, vacant building, thus improving the visual aesthetics of the neighborhood, which visual improvement is one of the primary goals of the public art program. Another development project without such a significant upgrade may not merit the same favorable consideration. (.i nPCOVIIT CTZO * By Minute Motion, continble the item to. APPROVED DEMIEDdmispooftwoomms. the meeting of May 25, 2017, to allow RECEiVEDeswararinalt staff stime to create a clear record of whether the Appellant is withdrawing the MEE I C ►ATE t, Appeal. 4-0 AYES e. ' I ♦..=+ NOES: • tor ABSENT: _R • ABSTAIN: A Mir VERIFIED BY: tain Original on Fite with City Cie"s Office - 3 - 72500.00001\29690228.3 4/4/17 • Klassen, Rachelle From: Klassen, Rachelle Sent: Tuesday, April 11, 2017 10:23 AM To: 'Lindi Biggi' Cc: Aylaian, Lauri; Robert W. Hargreaves (Robert.Hargreaves@bbklaw.com); Stendell, Ryan; Ceja, Eric; Glickman, Deborah Subject: RE: April 13, 2017, Palm Desert City Council Meeting Agenda Good morning, Lindi. Thank you for your e-mail. The item will remain on the agenda, since it's already been posted and advertised. However, at that point in the meeting, staff will make note of your request to continue the matter to a meeting date uncertain in the future. We will require two weeks' advance notice of your desire to have the item heard on a future agenda. For your reference, upcoming dates are: April 27, May 11, May 25,June 8, and June 22. We will await your reply. Rachelle Klassen City Clerk Ph: 760.346.0611 Direct: 760.776.6304 rklassen@cityofpalmdesert.org From: Lindi Biggi [mailto:lindiOlovingallanimals.org] Sent: Tuesday, April 11, 2017 8:59 AM To: Klassen, Rachelle Subject: RE: April 13, 2017, Palm Desert City Council Meeting Agenda Rachelle Thank you for your notification of pending Council meeting. With all due respect, please remove my issue (Venus De Fido) from the Council meeting agenda this week and defer it to the agenda of a future meeting. Your prompt acknowledgement of this request will be appreciated. Lindi Biggi From: rklassen@)citvofpalmdesert.org [mailto:rklassen@citvofpalmdesert.org] Sent: Monday,April 10, 2017 1:33 PM To: Lindi Biggi<lindi@ilovingallanimals.org> Subject:April 13, 2017, Palm Desert City Council Meeting Agenda Dear Ms. Biggi: 1 Attached is a copy of the staff report on the April 13, 2017, Palm Desert City Council agenda for the Venus de Fido Art In Public Places Fee Reimbursement. A hard-copy version of the report was also mailed to your attention on Friday, April 7, at the address provided in said staff report. Please let me know if I can be of any further assistance. ay 4 Rachelle Klassen City Clerk Ph: 760.346.0611 Direct: 760.776.6304 rklassen@cityofpalmdesert.org www.cityofpalmdesert.org 0 0 2