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Home My WebLink About2024-01-17 CAC Special Meeting Agenda PacketCity of Palm Desert Page 1 CULTURAL ARTS COMMITTEE CITY OF PALM DESERT, CALIFORNIA AGENDA City Hall, Administrative Conference Room 73-510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 2449, this meeting may be conducted by teleconference. •To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/85489181983 or call (213) 338-8477, Zoom Webinar ID:854 8918 1983. •Written public comment may also be submitted to mlomeli@palmdesert.gov. Emails received by 5:00 p.m. one day prior to the meeting will be distributed to the Committee. Any correspondence received during or after the meeting will be distributed to the Committee as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1.CALL TO ORDER 2.ROLL CALL 3.NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Cultural Arts Committee on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the Committee to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 4.CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by Committee Members for a separate discussion. A.APPROVAL OF MINUTES RECOMMENDATION: Approve the Cultural Arts Committee Regular Meeting minutes of November 8, 2023, and Study Session minutes of December 12, 2023. Wednesday January 17, 2024 9:00 a.m. Special Meeting Page 1 Cultural Arts Committee Agenda January 17, 2024 City of Palm Desert Page 2 B.RECEIVE AND FILE LIGHTING PLAN FOR SUNBURST BY DONALD GIALANELLA RECOMMENDATION: Receive and file the lighting plan for Sunburst by Donald Gialanella. 5.ACTION CALENDAR A.DEACCESSION OF TWO (2) EL PASEO ENTRY SIGNS BY WATER STUDIO RECOMMENDATION: Recommend the City Council Approve the Deaccession of the two (2) El Paseo Entry Signs by Water Studio. 6.INFORMATIONAL REPORTS & COMMENTS A.PLANNING COMMISSION LIAISON B.ARCHITECTURAL REVIEW COMMISSION LIAISON C.CULTURAL ARTS COMMITTEE MEMBERS D.CITY COUNCIL LIAISON E.CITY STAFF 1.Project Status Update F.ATTENDANCE REPORT 7.ADJOURNMENT: The next Regular Meeting will be held on February 14, 2024, at 9:00 a.m. Page 2 Cultural Arts Committee Agenda January 17, 2024 City of Palm Desert Page 3 PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the City Clerk’s Office, Civic Center, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.palmdesert.gov. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Cultural Arts Committee was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. /s/ Monique Lomeli, CMC Recording Secretary Page 3 [This page has intentionally been left blank.] Page 4 City of Palm Desert Page 1 CULTURAL ARTS COMMITTEE CITY OF PALM DESERT, CALIFORNIA MINUTES Click HERE to review the meeting video. Click HERE to access the meeting agenda packet. 1.CALL TO ORDER A Regular Meeting of the Cultural Arts Committee was called to order by Chair Hauer on Wednesday, November 8, 2023, at 9:00 a.m., in the Administrative Conference Room, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California. 2.ROLL CALL Present: Committee Members Maureen Boren, Lori Flint, Tom Mitze, Ann Simley*, Vice Chair Carol Adney, and Chair Liz Hauer *Committee Member Simley arrived at 9:12 a.m. Absent: Committee Members Pia Rose and Kristen Olson-Stone (Alt.) Liaison(s) Present: Mayor Pro Tem Quintanilla, City Council Liaison; and Lindsay Holt, Planning Commission Liaison City Staff Present: Amy Lawrence, Deputy Director of Economic Development; and Monique Lomeli, Recording Secretary 3.NON-AGENDA PUBLIC COMMENT: None. 4.PRESENTATIONS A.CITY’S 50TH ANNIVERSARY CELEBRATION AT CIVIC CENTER PARK – NOVEMBER 18, 2023 Deputy Director provided an update regarding the planning and programming of the City’s 50th Anniversary celebration and encourage interested parties to volunteer via the event website. CONSENT CALENDAR: MOTION BY COMMITTEE MEMBER BOREN, SECOND BY COMMITTEE MEMBER MITZE, Wednesday November 8, 2023 9:00 a.m. Regular Meeting Page 5 Cultural Arts Committee Minutes November 8, 2023 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES CARRIED 6-0, to approve the consent calendar. A. APPROVAL OF MINUTES MOTION BY COMMITTEE MEMBER BOREN, SECOND BY COMMITTEE MEMBER MITZE, CARRIED 6-0, to approve the Cultural Arts Committee Regular Meeting minutes of June 14 and September 13, 2023. 5. ACTION CALENDAR A. CRECOMMEND THE CITY COUNCIL APPROVE THE DEACCESSION OF RECREATION LIBERATES BY JOS GOMOLKA Deputy Director Lawrence presented a staff report and responded to Committee Member inquiries. Following discussion, MOTION BY VICE CHAIR ADNEY, SECOND BY COMMITTEE MEMBER SIMLEY, CARRIED 6-0, to recommend the City Council approve the deaccession of Recreation Liberates by Jos Gomolka. B. APPROVE LIGHTING SCHEDULE FOR SUNBURST BY DONALD GIALANELLA Deputy Director Lawrence presented the staff report and responded to Committee Member inquiries. Following discussion, MOTION BY COMMITTEE MEMBER FLINT, SECOND BY COMMITTEE MEMBER SIMLEY, CARRIED 6-0, to continue this item to a date uncertain. C. SELECT ARTIST TO ADMINISTER COMMUNITY MURAL PROJECT Deputy Director Lawrence presented the staff report and responded to Committee Member inquiries. Following discussion, MOTION BY VICE CHAIR ADNEY, SECOND BY COMMITTEE MEMBER BOREN, CARRIED 4-2 (FLINT AND SIMLEY VOTING NO), to select artist Trinity Rivard to administer the Community Mural Project at the City of Palm Desert’s Corporate Yard. 6. INFORMATIONAL REPORTS & COMMENTS A. PLANNING COMMISSION LIAISON: Deputy Director Lawrence provided an update from Planning Commission Liaison Holt concerning the approval of a three-story building at Gerlad Ford and Technology Way. B. ARCHITECTURAL REVIEW COMMISSION: No report was provided. C. CULTURAL ARTS COMMITTEE MEMBERS Individual Committee Members provided comments regarding meeting processes and Committee Member responsibilities. In response to inquiries, Deputy Director Lawrence provided information regarding the Golf Cart parade winner and the status of landscaping around the sculpture at the Magnesia Falls roundabout. Vice Chair Adney left the meeting at 11:10 a.m. Page 6 Cultural Arts Committee Minutes November 8, 2023 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES D. CITY COUNCIL LIAISON Mayor Pro Tem Quintanilla expressed continued gratitude to the Committee and stated there was no reportable action from the City Council. E. CITY STAFF Deputy Director Lawrence provided information regarding upcoming agenda items. F. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Committee took no action on this matter. 7. ADJOURNMENT The Cultural Arts Committee adjourned at 11:17 a.m. Respectfully submitted, Monique Lomeli, Senior Deputy Clerk Recording Secretary ATTEST: Erica Powell, Management Analyst Secretary APPROVED BY CAC: __/__/2024 Page 7 City of Palm Desert Page 1 CULTURAL ARTS COMMITTEE CITY OF PALM DESERT, CALIFORNIA MINUTES 1. CALL TO ORDER A Study Session of the Cultural Arts Committee was called to order by Chair Hauer on Tuesday, December 12, 2023, at 5:01 p.m., at the roundabout located at the corner of San Gorgonio Way and San Pablo Avenue, Palm Desert, California. 2. ROLL CALL Present: Committee Members Maureen Boren, Tom Mitze, Pia Rose, Vice Chair Carol Adney, and Chair Liz Hauer Absent: Committee Members Lori Flint, Ann Simley, and Kristen Olson-Stone (Alt.) City Staff Present: Erica Powell, Management Analyst The Committee reviewed the LED color lighting capabilities of public art sculpture Sunburst by Donald Gialnella and took no action on the item. 3. ADJOURNMENT The Cultural Arts Committee adjourned at 5:39 p.m. Respectfully submitted, Monique Lomeli, Senior Deputy Clerk Recording Secretary ATTEST: Erica Powell, Management Analyst Secretary APPROVED BY CAC: __/__/2024 Tuesday December 12, 2023 9:00 a.m. Study Session Page 8 STAFF REPORT CITY OF PALM DESERT CULTURAL ARTS COMMITTEE MEETING DATE: January 17, 2024 SUBMITTED BY: Erica Powell, Management Analyst REQUEST: RECEIVE AND FILE LIGHTING PLAN FOR SUNBURST BY DONALD GIALANELLA ______________________________________________________________________ Recommendation Receive and file outdoor LED colored lighting plan for Sunburst by Donald Gialanella. Background Upon selection of artist Donald Gialanella’s sculpture, Sunburst, as a finalist for installation in the roundabout at San Pablo Avenue and San Gorgonio Way, the Art in Public Places Commission (now the Cultural Arts Committee) suggested that the lighting installed with the sculpture should have the ability to alternate colors, possibly to reflect commemorative holidays and events within the city. At its regular meeting on November 8, 2023, the Cultural Arts Committee requested the input and involvement of the artist, Donald Gialanella in the lighting process. In response, Staff sent an email requesting his thoughts on colored LED lighting with the ability to run a full range of colors and his response was, “Colored LED lights are the way to go!” Upon question regarding his opinion on commemorative lighting, he said, “I think special event lighting would be great. If it’s good enough for the Empire State building, it’s good enough for Sunburst.” On December 12, 2023, a Study Session was conducted for the Cultural Arts Committee to view a sample of the color spectrum onsite at the sculpture. Upon direction of the City Manager, due to the vast colors, hues, and capabilities of the lights, staff will be responsible for the permanent-colored lighting selections to enhance the sculpture and lighting changes for commemorations and holidays will be at the discretion of City Council. Fiscal Analysis There is no fiscal impact to the Public Art budget associated with this request. Page 9 [This page has intentionally been left blank.] Page 10 STAFF REPORT CITY OF PALM DESERT CULTURAL ARTS COMMITTEE MEETING DATE: January 17, 2024 SUBMITTED BY: Erica Powell, Management Analyst REQUEST: RECOMMEND THE CITY COUNCIL APPROVE THE DEACCESSION OF THE TWO (2) EL PASEO ENTRY SIGNS BY WATER STUDIO ______________________________________________________________________ Recommendation Recommend the City Council approve the deaccession of the two (2) El Paseo entry signs by Water Studio. Background In September 2003, Palm Desert’s Art in Public Places Commission commissioned entrance signs for El Paseo’s business district. The two entrance signs were designed by Orr Studio, now known as Water Studio, and installed in the following locations: 1. El Paseo at CA-74 (West) 2. El Paseo at Portola (East) Each sign is made of ridged copper with bronzed patina and measures 4’ 6” wide by 6’ tall. They both contain a water feature that runs continually throughout the year. Over the years the fountain element of the signs has required excessive maintenance and repair. This is due to the nature of servicing a water feature and the copper element interacting with the water. On November 20, 2023, the entrance sign at El Paseo and Portola was struck by a driver and damaged beyond repair. This required removal and disposal of the sign. Rather than recommission the artist to construct a new sign, given the excessive maintenance that the water features have required over the years, staff recommends deaccessioning both signs via the formal deaccession process and opening a call for new entry signs. If the Cultural Arts Committee approves moving forward with the deaccession, staff will commence the process which would require removal of the second sign at El Paseo and CA-74 for either return to the artist or disposal. Once the deaccession process has been completed, staff will return to the Cultural Arts Committee to develop criteria for new El Paseo entry signs. Page 11 January 10, 2024 – Staff Report Deaccession of El Paseo Entrance Signs by Water Studio Page 2 of 2 Fiscal Analysis The cost of the artwork was $50,000 in January 2004. Staff has no record of current fair market value. Attachments 1. Deaccession Policy 2. Deaccession Worksheet 3. Original artwork designs and photographs 4. Current artwork photographs Page 12 City of Palm Desert’s Public Art Deaccessioning Policy DEFINITION Deaccession means the formal process to permanently remove a City-owned public artwork by selling, donating, or destroying it. POLICY A.The purpose of the Public Art Deaccessioning Policy (“Policy”) is to maintain a deaccession program that results in high-quality, City-owned public artwork; eliminate artworks that are unsafe, not repairable, or no longer meet the needs of the City, and respect the creative rights of artists. B.Although the City of Palm Desert would like each public artwork to remain in situ for a minimum of 15 years (although 15 years is not a limit on the life of an artwork), it recognizes that public artwork is not necessarily going to remain in place in perpetuity. C.Any proposal for removal, destruction, or relocation of an artwork shall be submitted to the Cultural Arts Committee by City staff and reviewed according to the policies and procedures contained herein and shall be deliberate and independent of political pressures, fluctuations in artistic taste, popularity, and public opinion. D.At regular intervals, the City’s public artwork collection shall be evaluated by the Cultural Arts Committee to determine the condition of each artwork and determine whether any artwork should be deaccessioned. APPLICABLE ARTWORK This Policy applies to all City-owned artwork acquired through the Public Art program or through donation. In the case of donated artwork, all legal documents surrounding the donation must be reviewed and a legal opinion rendered by the City Attorney before proceeding with the deaccessioning process. CRITERIA FOR DEACCESSIONING One or more of the following criteria must apply prior to an artwork being deaccessed: 1.Damage Beyond Repair - The artwork has been damaged and repair is unfeasible or repair costs would exceed the value of the artwork. 2.Safety - The artwork is deemed hazardous and a threat to public safety. 3. Deterioration - The artwork has deteriorated to the point that the restoration cost is greater than its monetary value or the artwork has deteriorated beyond the original design and restoration would prove impractical or would render the work essentially false. 4.Security - The condition or security of the artwork cannot be reasonably guaranteed or the City of Palm Desert cannot properly care for or store the artwork. 5.Site Alteration - In the case of site-specific artwork, the artwork has become inappropriate, is no longer accessible to the public, it is unsafe, or it is due to be destroyed and would severely alter its relationship to the site. Page 13 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] 6.Excessive Maintenance - The artwork requires excessive or unreasonable maintenance. 7.Loss of Site – The current site is no longer available and no suitable alternate site for the artwork is available. 8.Aesthetic Value - The artwork is of poor quality or is judged to have little aesthetic and/or historical or cultural value. 9.Failure to Comply - If the approved terms of the contract pursuant to which the artwork was installed have not been fulfilled. 10. Inauthentic - The artwork is a forgery or in violation of existing copyright laws. 11.Theft – The artwork has been stolen. Any stolen artwork will be documented through an official police report and a report prepared by the entity that owns or is responsible for the site of loss. SEQUENCE OF ACTION / PROCEDURES 1.Deaccession requests may be submitted by a neighborhood organization, City department, independent City board or commission, or a City Council member. The Cultural Arts Committee will review each preliminary request. City staff will work with the applicant to bring a full proposal to the Cultural Arts Committee. 2.Staff will provide the applicant with a Deaccessioning Form that will serve as the applicant’s formal request for consideration by the Cultural Arts Committee. 3.Staff (with assistance from the property owner, if applicable) will make reasonable effort to notify and consult with any living artist(s) whose work is being considered for deaccession as to the best procedure for artwork removal. The City will allow the artist(s) 30 days to respond. 4.If the artist(s) is/are deceased, the City will make reasonable efforts to contact artist(s) estate. 5.After an attempt to contact the artist(s) is made, staff will consult with the City Attorney on how to proceed with the deaccessioning. 6.Once the request is reviewed by the City Attorney, the applicant will complete and return the Deaccessioning Form. 7.City staff will use the information from the Deaccessioning Form to complete a staff report addressing the proposed removal of the artwork. The staff report will provide all available relevant information and materials to the Cultural Arts Committee, including, but not limited to: a.Artist, Title, and Location of artwork. b.Name of property owner and contact information. c.Property owner at the time of commission or installation. d.Year commissioned/purchased, original cost of artwork, and applicable Art in Public Places (AIPP) fee. e.Dimensions and removal/re-installation instructions. f.Appraisal of the artwork provided by a qualified art appraiser and current condition of artwork. If appropriate, current fair market value of the artwork. g.Detailed reason for deaccessioning/relocating artwork. h.Proposed deaccession method or new location for artwork (relocation, sale, donation, demolition, etc.). Page 14 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] i.Maintenance evaluation. j.Any relevant images. 8.The staff report will then be placed on the Cultural Arts Committee agenda at a regularly scheduled public meeting, where it will be reviewed and voted on. 9.If the Cultural Arts Committee approves the deaccession, City staff will bring the staff report before the City Council for review and final action. 10.If deaccession is approved by the City Council, all documents will be updated to reflect the deaccessioning of the artwork. Staff will review property records from the County Recorder’s Office and if an artwork covenant is recorded against the property, the City will cause a release covenant to be filed. 11.The deaccessioning process should be documented in both written and visual form. 12.If an artwork is sold, proceeds should be deposited into the Art in Public Places fund. 13.The City’s Risk Manager must be notified so that the work can be removed from the City’s insurance policy. DEACCESSIONING METHOD OPTIONS 1.If appropriate, reasonable efforts will be made to move the work to a new location within the City. If the artwork was designed for a specific site, City will consider the artist’s intent when deciding where to relocate the artwork. 2.The artist(s) will be given the first option to purchase or exchange the artwork. If the artist(s) decides to purchase the work, they will be responsible for the cost of the removal of the artwork from the current site. If the artist(s) is/are deceased, the legal heir(s) will have first rights of purchase. The artist(s) can purchase the artwork at fair market value according to the appraisals obtained by a qualified appraiser. 3.Put the work in storage until a new, appropriate location can be found. 4.Donate work to a school, an educational or non-profit organization. 5.Dispose of work in an appropriate manner. PROVISIONS FOR EMERGENCY REMOVAL In the event that the structural integrity or condition of an artwork is such that, in the opinion of the Public Art staff, the artwork presents an imminent threat to public safety, the City Manager may authorize its immediate removal without Cultural Arts Committee action or the artist’s consent and have the work placed in temporary storage. The artist and the Cultural Arts Committee will be notified of this action within 30 days. The Committee will then consider options for disposition: repair, reinstallation, maintenance or deaccessioning. If the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s Agreement with the City and County has not waived his/her rights under the California Art Preservation Act and the Visual Artists Rights Act, City staff will attempt to gain such written permission before proceeding. In the event that this cannot be accomplished before action is required in order to protect the public health and safety, the City Manager shall proceed with the advice of the City Attorney. Page 15 City of Palm Desert’s Public Art Deaccessioning Policy 07/13/2023 [Type here] COMPLIANCE WITH APPLICABLE POLICIES AND REGULATIONS Deaccession and removal of artwork will be done in a manner that complies with all other applicable city, state, and federal procedures, policies and regulations. For example, deaccession and removal actions must comply with applicable procedures and laws relating to the disposition of city property and with laws protecting artists’ rights. Page 16 City of Palm Desert Public Art Deaccessioning/Relocating Worksheet Artist: WATER STUDIO Title: EL PASEO ENTRY SIGNS/FOUNTAINS Location of work: EL PASEO/HWY 74 AND EL PASEO/PORTOLA Name of property: EL PASEO MEDIAN Contact name: ERICA POWELL, PUBLIC ART MANAGEMENT ANALYST Phone: 760-776-6346 Extension: FAX: Property owner at the time of commission: CITY OF PALM DESERT Year commissioned/purchased: 2004 Purchase Price / Art in Public Places fee / Value at time of install: $50,000 ($25,000/EA) Dimensions: Height:6’ Width: 4’ Depth: Weight: Estimated current fair market value: Source of estimation: Proposed deaccession reviewed by City Attorney: Yes: No: Detailed reason for deaccessioning artwork: Proposed deaccessioning method: Page 17 City of Palm Desert Public Art Deaccessioning/Relocating Worksheet New location for work (if it is being moved): Condition: Excellent Good X Fair Poor Maintenance evaluation and instructions: THE FOUNTAINS REQUIRE CONSTANT MAINTENANCE AND REPAIR WORK. Page 18 Page 19 Page 20 Deaccession of El Paseo Entrance Signs by Water Studio CURRENT PHOTOGRAPHS January 17, 2024 Cultural Arts Committee meeting EL PASEO/PORTOLA – CURRENTLY REMOVED EL PASEO/HWY 74 – CURRENTLY PUMP IS BROKEN Page 21 [This page has intentionally been left blank.] Page 22 Cultural Arts Committee Year 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2022 Month Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan Dec Day 8 13 - 12 14 10 12 - 8 11 14 Adney, Carol P - P -P P P P - P A E 1 1 Boren, Maureen P - P -P P P A - A P P 2 0 Flint, Lori P - P -P P P P - P P P 0 0 Hauer, Liz P - P -P P P P - P P P 0 0 Mitze, Tom P - P -A P P P - P P P 1 0 Rose, Pia E - P - P 0 0 Simley, Ann P - P -P P E P - P P P 0 1 Stone Kristen Olson (Alt.)E - P -P 0 0 P Present P Remote A Absent E Excused -No Meeting Resigned/Not Yet Appointed Palm Desert Municipal Code 2.34.010 Monthly: Three unexcused absences from regular meeting in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet bimonthly. Please contact the Recording Secretary to discuss any attendance concerns. Total Absences Unexcused Excused Page 23