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HomeMy WebLinkAbout5C - Public CommentAnthony Mejia From: rjuliansf@aol.com Sent: Friday, February 18, 2022 11:45 AM To: City Clerk Subject: Feb. 24 City Council Meeting - Agenda Item No. 5C NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Mayor Middleton and Councilmembers, I urge you to uphold the decision of the Historic Site Preservation Board in which the concluded that there is no impediment to the removal of the Frank Bogert sculpture currently sitting on the lawn of City Hall. Their deliberations were appropriate and balanced, and centered around whether the sculpture was a contributing element to the historic designation of City Hall. They reached the conclusion that this later addition to the landscape was outside the period of historicity and non- contributing. I hope you will support the HSPB in their decision, accept the Staff Recommendation, and deny the appeal. Robert Julian Stone 4328 Indigo Street Palm Springs, CA 92262 760 333-5558 Anthony Mejia From: George Wolf III <internetsurferpaul@gmail.com> Sent: Saturday, February 19, 2022 8:23 AM To: Anthony Mejia Subject: Upcoming vote on Frank Bogert Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Frank Bogart was no more racist than you or I. But he was a white person, so under Critical Race Theory, he must have been a racist, just like all other white people, and therefore his statue must be removed. The Palm Springs mayor and city council must show some backbone and stand up to this vocal minority that also wants Mount Rushmore and all other white art works and memorials removed. Please vote no on removing the statue. 2L --2, L[ -- `Z-o -z,2 �" % % O I;Vrn VVVAN-k- Monique Lomeli From: Karen Braff <klstrong@aol.com> Sent: Tuesday, February 22, 2022 12:37 PM To: City Clerk Subject: MCM Bias NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please kindly forward to the City Council In the realm of local historical significance the city of Palm Springs has a strong bias toward mid century architecture and art and the clean streamlined esthetic that goes with it. A bias. And there's lots of it. Just look at Modernism week. But what about the town before modern architecture? Spanish architecture and a western rustic theme dominated. The equestrian lifestyle was the thing. It was authentic and it was the cool thing to do. When movie stars came to the desert they swam and sunbathed, played tennis and rode horses. They participated in the biggest event in Palm Springs of the day, the Desert Circus Parade - proudly riding horses down Palm Canyon Drive. They loved it. You can see the joy in their faces in photos. There were western stores, and bbqs, and hay rides, and trail rides that the rich and famous enjoyed side by side with the locals and of course Frank Bogert. Has the PS Preservation Board forgotten this? I doubt the current City Council even knows or cares. It's the job of the Preservation Board to preserve all of Palm Springs History though, not just what's in style today. Styles change. I remember when mid century modern homes were considered so passe you could hardly give away an Alexander house. They were butchered and modified to suit the taste of the day. Now they are revered The board and council should be fair handed and equally excited about our interesting and varied history- glamorous cowboy town to mid century modern mecca. The taste of the day has nothing to do with true history. As Frank Bogerts statue is a tribute to the man himself, the style and essence of the statue is a clear representation of what Palm Springs was in that moment in time, a town where both residents and tourists alike valued the western theme and all that goes with it. Our decision makers need to stop the bias toward all things "modern" and be responsible stewards of our true history. Frank Bogerts statue goes beyond the man himself, the statue is also a valuable historical representation of a Palm Springs that most would not recognize today but has equal value and interest - where the stars rode horses on Palm Canyon Drive. Karen Braff Sent from my iPhone 2-29 - 2d-2Z 5U Tiffani Bailey From: Patty Newman <pattymnewman@aol.com> Sent: Tuesday, February 22, 2022 4:46 PM To: City Clerk Subject: For Mayor & Council Members Attachments: Letter about Frank Bogart.docx NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Attention Mayor & Council, Re: Frank Bogart Statue Back in September, I sent a letter regarding the Council's consideration of the Frank Bogart statue. As you will be re -considering the issue, I respectfully request that my letter be again considered in your deliberations. Thanks, Patty Newman Attached Letter re: Frank Bogart 2- ZL-( -,z6-n . f,b1 i*G C UW WUA- UEM 1,10. Patricia Patty' Newman September 29, 2021 To: Palm Springs City Council, et al Via: Email Re: Mayor Frank Bogart My late husband, Arthur Newman & I knew Frank for many years. Although we were less connected to the political workings of Palm Springs than Rancho Mirage where we live, we knew first hand of Frank Bogart's huge contribution not only to Palm Springs but the greater Coachella Valley. Probably no one who lived in the Coachella Valley during his long life, gave more to enhance the quality of life and encourage the growth and well-being of the area than did Frank. I'm sorry that the current tribal government has declared that it is'neutral' on the current controversy about the statue of Frank Bogart as that is certainly not the way that long time Tribal Chair, Richard Milanovich felt about'his mayor'. For example, on March 3, 2005, the Tribe completely underwrote a benefit dinner at their Rancho Mirage Casino for the Community Blood Bank in honor of Frank Bogart! This kind of event and underwriting was very unusual for the tribe and they made that very clear. Chair Milanovich declared both before and at the event, that the "Tribe would do anything for and in honor of Frank Bogart". I know that to be true as I was part of the event planning and I was present and on the stage with them as Board Chair of the Community Blood Bank at the time. While we were not around during the mid 20th century when the events of controversy happened, I do know that no one acts alone on City Council or staff on such matters. The city at that time, had to have decided that their actions were a last resort after attempting other methods for a long period of time, to move people off the property that they didn't own. (A similar situation recently happened in LA to get squatters and homeless people out of public parks after years of trying to get them to move willingly). I believe that although the Human Rights Commission may be well meaning, by attacking Frank Bogart's reputation and memory, it is creating not only a bad name for the Commission, but will serve to discourage good people from making difficult decisions. When Frank died, I was called by the Desert Sun asking me for a quote which I happily gave them. My quote in fact, was a headline on the front page of the paper... so I am happy to have my thoughts about Frank Bogart recorded for all. Patty Newman Tiffani Bailey From: John Stiles <outlook_107006783604139E@outlook.com> Sent: Wednesday, February 23, 2022 10:44 AM To: City Clerk Subject: Agenda Item 5C NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. To the Palms Springs City Council: Please support the appeal on the above referenced agenda item. Frank Bogert was not perfect, but he made tremendous contributions to the legacy of Palm Springs. If you did not know him, then it is hard to judge him. If you want to have an issue with Section 14 find out who owns the property and deal with the property owner. Thanks for your consideration. John Stiles Please distribute to the Palm Springs City Council. Sent from Mail for Windows 2-2LJ- ,D-7a. r,m b i t c, C 0 Yh )TN-t*-d- M No. 5G 21Feb22 Re: Appeal of HSPB Action of 1 February 2022 Meeting Allowing Removal/Relocation of the City Hall Bogert Statue Dear Mayor and Council: Having served as a Palm Springs City Council Member from 2001 to 2017, 1 was present at the 15 February 2012 council meeting where the City Hall Site in its entirety was approved as a City Class I Historic Property. (Item LA.) I have recently heard and read that the Bogert Statue was deemed "not a part" of that designation. Simply not true. It was certainly a part of the conversation and considered a part of "the site" during the deliberation. How anyone could assume it was not a part of the "site" when we reviewed over and over the definition of "site" is beyond me. It was stated "site" included everything bound by the existing property lines of City Hall. That simple. I was the sole dissenting vote that evening in that I felt it was important to allow future flexibility in landscaping, parking and circulation including potential relocation of the Bogert Statue. Whether I agree with the removal or relocation is not an issue with regard to this appeal. The fact that anyone including City Staff could ascertain it was not a part of the site at the 15 February 2012 meeting vote is uninformed and totally ignorant of the proceedings that night. If you wish to relocate the statue, you should amend the Class I designation as only the Council can do. Relying on the RSPB to make a determination as to whether the statue was part of the designation is not their responsibility when it was perfectly clear in the 2012 designation that it was a part of the site... the same as every tree, shrub, light fixture and piece of concrete or asphalt within the boundaries of City Hall. Sincerely, Chris Mills 2.ttl-Zo22 - yublic u)mvr "+ ITEM NO. -t�L Norm King February 19, 2022 The Report and Resolution Which Have No Author This memorandum attempts to summarize my research and findings regarding the refusal of the City of Palm Springs to make public who wrote the report and resolution about Frank Bogert which was adopted by the Human Rights Committee. On May 5, 2021 the City of Palm Springs Human Rights Commission adopted a report entitled "Frank Bogert: Institutionalized Segregation, Discriminatory Practices and Civic Leadership in Palm Springs 1958-1966" and a resolution entitled "Resolution of the City of Palm Springs Human Rights Commission to Remove the Monument Located at Palm Springs City Hall." The Friends of Frank have previously rebutted these scandalous and inaccurate documents which have needlessly and dishonestly smeared the reputation of Frank Bogert. The following will not repeat our rebuttal but rather will focus on my attempts to obtain the name(s) of the author of the report. Background: The usual process for recommendations from City of Palm Springs Commissions to the City Council begins with a staff report to the commission. At a public meeting the commission can make changes to the report and make findings either in agreement with or disagreement with the staff report. In this case there was not a staff report. Both former City Manager David Ready and staff member Jay Virata told me that the staff did not write this report or resolution. The question then arises who did write the report and this question in turn raises additional questions: 1. Did a single person or two or more people write the report? 2. Was Mayor Kors a contributor to or author of the report and/or resolution? If so does such involvement compromise his ability to impartially evaluate and vote on the report and resolution when forwarded to the council? (Note: The City Council has not adopted either the resolution or the report.) 3. Were city funds used to pay any party to write, research or in other ways contribute to the report? 2 -,.ti . 2ozz- rmm No. 4. If the report was authored by two or more members of the HRC Executive Committee when did they meet and were such meetings or meeting in violation of the Brown Act? 5. Why is the City being so evasive and non -transparent about divulging to the public the authors of the report and the resolution? My Analysis: Question #1: Did a single person or two or more people write the report? In April 20211 discussed the report with city staff member Jay Virata. He told me that he "thought" the report and the resolution were written by Commission Chair Ron DeHarte, Vice Chair Denise Chappell and member Donna Shepherd. Question #2: Was Mayor Kors a contributor to or author of the report and/or resolution? If so does such involvement compromise his ability to impartially evaluate and vote on the report on resolution when forwarded to the council? I personally think it is quite likely that Kors had direct involvement in the report but I have no documentation to that effect. Question #3: Were city funds used to pay any party to write, research or in other ways contribute to the report? I have no information that this is the case but it is an appropriate question to ask the city. Question #4: If the report was authored by two or more members of the HRC Executive Committee when did they meet and were such meetings or meeting in violation of the Brown Act? From the record it appears that the report came from the Commission Executive Committee and that, if so, the Committee met illegally to write the report. Point one: Jay Varita's statement to me that he "thought" the report was authored by the three members above would support this contention — that there was illegal collaboration in writing the report. Secondly, at the April 12 meeting under "Items for Discussion" the item "Frank Bogert Statue Recommendation" is listed under "Executive Committee." In a letter from the city manager to me (see attached August 25, 2021 email) the city denies that the report and resolution was authored or considered in substance by the Executive Committee. Even if true this does not leave out the possibility that two or more members of the Commission met together or collaborated together without city staff knowing such. In my opinion the city's bind is this: If the Executive Committee did meet such meeting would be a violation of the Brown Act (see attached July 13, 2021 email to City Manager Clifton — I accidently addressed it to Mr. Upton) and any report coming from such meeting may be therefore be invalid. In this letter I quote guidelines from the League of California Cities on the difference between "legal" advisory committees and what I contend would have been an illegal Executive Committee meeting. (Note: it appears that at the time that there were just six members of the Commission and therefore three members of the Commission would have triggered the need for a public meeting in any case.) On the other hand it would also be a violation of the Brown Act if the members of the Executive Committee or other members of the Commission did meet privately to write or review the report and resolution. City Manager Clifton responded to my July 13 email and stated the following: "The City Attorney and I have looked into this issue. Based on that investigation it is our understanding that the resolution in question was not authored or considered in substance by the Executive Committee of the HRC, or even a majority of the Executive Committee. The only role the Executive Committee played was to agree to place the item on a regular agenda of the full HRC, which is what most executive committees of legislative bodies do. And regardless, the HRC considered the full substance of the resolution twice in publicly posted meetings. Clifton refers to a meeting of the Executive Committee "to agree to place the item on a regular agenda." The City Clerk has told me that there was no public notice of a meeting of the Executive Committee before the April 12 meeting or record of any meeting. The Clifton response begs the question of the origin of the "item. " We are supposed to believe the report and resolution magically came out of the air to the Executive Committee, which according to the City never met, so they could pass it on to the Commission. Question #5: Why is the City being so evasive and non -transparent about divulging to the public the authors of the report and the resolution? A rhetorical question. Conclusion: Not only is the process of the HRC adoption of the report and resolution fraught with procedural anomalies and likely illegal actions, there appears to be a strong desire of City Hall — who ever that is — to cover up the name(s) of the author or authors of the report and resolution. The frustration of the Friends of Frank is that the report continues to be quoted by the press. The report slanders the reputation of someone we hold dear and the cowards who wrote the report refuse to acknowledge their authorship of this defamatory and malicious document. Attachments: Relevant E-mails: Norm King <normanrking@yahoo.com> io:Justin Clifton Bcc:Jordi Higueras,Doug Evans Tue, Jul 13, 2021 at 3:58 PM Mr. Upton: As you are aware I believe that the Human Rights Commission 'Report" regarding taking down the Frank Bogert statue is seriously flawed and is based on incredibly fallacious information which we will soon rebut in full. However, this request concerns how the HRC 'Report" was created. Unusually, there there are no authors listed in the Report. I have been told by city staff that a committee of three members of the HRC wrote the report, that no city staff wrote or reviewed the report and that it was submitted to the full commission. (April 12, 2021). The agenda for that meeting makes clear that the recommendation comes from the Executive Committee and is transmitted by chair deHarte. As you are probably aware by now the California Brown Act is very restrictive about what constitutes a public meeting and if it is a public meeting must be properly noticed and be open to the public. It appears to me that the Executive Committee of the HRC is a public body subject to the Brown Act. The League of California Cities has written this: "What is not a "legislative body" for purposes of the Brown Act? -A temporary advisory committee composed solely of less than a quorum of the legislative body that serves a limited or single purpose, that is not perpetual, and that will be dissolved once its specific task is completed is not subject to the Brown Act. Temporary committees are sometimes called ad hoc committees, a term not used in the Brown Act. Examples include an advisory committee composed of less than a quorum created to interview candidates for a vacant position or to meet with representatives of other entities to exchange information on a matter of concern to the agency, such as traffic congestion. - Groups advisory to a single decision -maker or appointed by staff are not covered. The Brown Act applies only to committees created by formal action of the legislative body and not to committees created by others." Based on this it would appear that the Executive Committee is not a temporary advisory committee but a permanent, standing committee of the Commission. Therefore, it would appear that the Executive Committee, by not noting its meetings and making them public when they "wrote" their Report, was in violation of the Brown Act. I would request that you review my above concerns, refer them to appropriate staff to review and let me know their determination. Thanks very much. Norm King On Wednesday, August 25, 2021, 3:39 PM, Norm King <normanrking@yahoo.com> wrote: Justin. Thanks very much for the information. I don't have the minutes with me at the moment but I thought the resolution and report was listed under "Report of the Executive Committee " In any case when I asked a city staff person two months ago she said that she thought the report was written by three commissioners in Executive Committee. She told me, as did David Ready, that the report was neither written or reviewed by city staff. So, if it was not the Executive Committee who wrote it - though based what both Doug Evans I were previously told - they did; it is a critical question who did write the report and what credibility does a public entity have it considering a serious and consequential action based on a report that has no author and suddenly appears on a public agenda. (Though as we have pointed out much of the report is taken verbatim from a college report written 20 years ago.) I am sorry to involve you in this mess not of your ow making but something is not right. Norm Sent from my iPhone > On Aug 25, 2021, at 2:37 PM, Justin Clifton <justin.clifton@palms iningscasto�> wrote: > Norm, > Forgive my late reply. > The City Attorney and I have looked into this issue. Based on that investigation, it is our understanding that the resolution in question was not authored or considered in substance by the Executive Committee of the HRC, or even a majority of the Executive Committee. The only role the Executive Committee played was to agree to place the item on a regular agenda of the full HRC, which is what most executive committees of legislative bodies do. And regardless, the HRC considered the full substance of the resolution twice in publicly posted meetings. And of course the HRC is only acting in an advisory capacity as it relates to the Bogert statue, and the full City Council will be responsible for any final decisions on this matter. > Thanks > Justin Norm King <normanrking@yahoo.com> To:Justin Clifton Thu. Sep 23, 2021 at 4:04 AM Mr. Clifton Could you see that the letter below is distributed to the city council and becomes part of the record in regard to the September 29 city council meeting. As I am traveling I don't have access to Word and hence the email format. Thanks. Norm King Members of the City Council: As a former city manager who worked with Frank Bogert for six years when he was mayor I know personally that Frank Bogert was far from being a racist and was in fact one of the most open and accepting people I have known. The HRC Report is character assassination pure and simple. Please consider the following: 1. The allegations of the HRC report are fallacious and slanderous. These allegations are methodically and totally rebutted in the Rebuttal Statement issued by the Friends of Frank. 2. If the Council brands Frank a racist for his involvement in Section 14 the Council must also accuse the past Tribal Council and its leaders as being racist because the record clearly shows that the city became involved in Section 14 at the urging of the Tribe and the Bureau of Indian Affairs. 3. The creation of and distribution of the HRC report and it's attached resolution circumvented normal city processes and fact -checking. The Report's anonymous author has not been revealed. City staff did not review or fact -check the report. The most slanderous statements in the Report come directly from a college student paper written 20 years ago and most are stated without attribution. There was no attempt to solicit any contrary opinion or facts. The report was in fact not a "report ". It was a conviction notice without a trial. 4. There was virtually no discussion at the HRC meeting. Though it was listed on the agenda as an item coming from the Executive Committee and I was told by a city staff person that he/she believed that the Executive Committee had authored the report there is no record that any such meetings were noticed as required by the Brown Act. We are supposedly asked to believe the report somehow came out of the air and landed on the HRC agenda. With the above in mind I would urge you for the sake of an honest government and the reputation of an honorable human being to refer the anonymous HRC report and the Friends of Frank "Rebuttal' to the city staff for factual analysis. Thank you for your consideration Norm King 2482 Toledo Ave. Palm Springs Sent from my iPhone Tiffani Bailey From: City of Palm Springs <palmspringsca@enotify.visioninternet.com> Sent: Thursday, February 24, 2022 7:36 AM To: City Clerk; Anthony Mejia Subject: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Submit Public Comment to the City of Palm Springs Submission #: 1491278 I Address: 66.74.11.41 Submission Date: 02/24/2022 7:36 Survey Time: 35 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Full Name/Nombre Renee Brown City of Residence/Ciudad de residencia Palm Springs, Phone (optional) /Telefono (opcional) 7605340149 Email (optional/opcional) reneeps1953@gmail.com Your Comments/Sus comentarios The City Council has not done their homework. I have researched the issue of the clearing of houses in Section 14 with primary sources and Desert Sun articles that were articles on city council meetings that were held the day prior to the article. • BIA set eviction deadlines • Deputy Sheriffs served evictions • Article in 1961 Desert Sun stating that Frank Bogert and Ted McKinney (city councilmen) ordered a moratorium while they worked with federal representatives from FHA, Bank of America (ready to fund construction) and contractor to provide 85 homes $500 down $70 per month 2 bedroom 8,500, 3-bedroom 9,500. 1 tried to get building permits for those houses from the planning department, but they were not able to provide. • PS Police and Firemen were paid by conservators and tribal members not represented by conservators for cleanup of Section 14 • Letter from Tribal Chairman Siva thanking City of PS for clearing Section 14. • Quote by Vyola Ornter in her book "You Can't Eat Dir Thank you, City of Palm Springs This is an automated message generated by Granicus. Please do not reply directly to this email. ITLM NO. November 2, 2021 Historic Site Preservation Board Meeting Agenda Item 4.A- Friends of Frank Bogert, Inc's additional objections to the Historic Site Preservation Board report and proposed consideration of a Certificate of Compliance for the removal of the Frank Bogert Statue located at City Hall. The HSPB is being forced to make a decision regarding removal of the statue from in front of city hall created by the master sculptor Raymundo Cobo Reyes and given to the City by citizens and accepted by a previous City Council, without benefit of a full historic resource assessment which should include an analysis of the artist, the statue's place in history, historic context, discussion of Frank Bogert's historic significance in Palm Springs, and normally included background information required for thoughtful deliberation. The HSPB is being asked to evaluate a significant element in a Class 1 Historic Site without all the required information. • Raymundo Cobo Reyes is a master artist and sculptor with significant works not only in Palm Springs and through the world. He lives in Mexico City and has artists rights to the Frank Bogert Statue. • His work includes statues of heroic figures Paseo de la Reforma, the monumental Playa de Toros in Mexico City, a statue of Pope John Paul II in the Vatican, a statue of Rodolfo Gaona in Museo de las Ventas in Madrid, and a bull, crafted of gold and silver, for Cartier. • Art Shows- Museum of Art in Chicago, Museum of Man in Paris, Southwestern Round- up in El Paso • Section 8.05.080 PSMC, clearly includes a provision for works of art and states that a resource that presents the work of an artist whose individual genius influenced his or her age or that possesses high artistic value may be a historic resource. In this case the staff report does not make any mention of the artist, his international acclaim, or the art piece itself. The staff report does not discuss any background of the original commissioning of the statue, unprecedented community fundraising, and community involvement in placement of the statue in front of city hall. • The statue was commissioned by a group of community members lead by Barbara Foster, wife of former Mayor Bill Foster, and presented to the City to acknowledge the unique Western Heritage of Palm Springs and the decades -long effort by Frank Bogert to make Palm Springs the destination resort that we all enjoy today. • The dedication was attended by citizens, celebrities, elected officials, and people from all walks of life. • The statue has been in front of City Hall for 32 years without controversy and has suddenly become an issue as a small group of people started the slanderous attack on Mayor Bogert. 2 -V4, 7,0 27, VubliG CDMVAZOJ ITEM NO. )5 C Mayor Ron Oden, the first Black mayor of Palm Springs, became a friend of Frank Bogert and during his decade of being on the City Council and Mayor not once did he raise any issues or state any concerns regarding the statue as an issue in the community. Had he had raised any concerns while on the City Council or while being Mayor, Mayor Oden could have certainly addressed the issue by working with his friend Mayor Bogert. • In fact, after Frank Bogert's passing in 2009, the city issued a press release and scheduled a meeting to consider naming the iconic Airport Fountain after Frank Bogert. A group of citizens reminded the Mayor and City Council that while Frank Bogert headed up the design, fabrication, and installation of the fountain, the fountain was dedicated in honor of Pearl McManus, a decision Frank Bogert would have supported. • The city paid for and created a video in April 2009 celebrating Frank Bogert and his accomplishments. This video was played at the City Council meeting on April 25,2009 and aired on the city television channel for two months, clearly indicating that the city felt Bogert was worthy of veneration. The staff report does not make any mention of the current controversy regarding the HRC meetings and the HRC's fallacious report, which attempts to place responsibility for the Section 14 relocations on Frank Bogert instead of noting that the relocation was urged by the landowners which were the members of the Agua Caliente Band of Cahuilla Indians and the Bureau of Indian Affairs. Nor does the report make any mention of the aborted 2017 Public Arts Commission attempt to remove the statue, the report does not mention that the city council deliberately avoided approving the erroneous HRC report and was critical of facts presented in the report. In 2017 the Public Arts commission without any community notice held a meeting to consider removing the statue and met with opposition from the community. The Public Arts Commission after hearing public comment from community members tabled the item. The HRC had to hold two meetings to consider the resolution recommending the removal of the statue because the agenda materials were withheld from the public at the first meeting. The Chairman illegally failed to provide the public and some of the members of his commission the slanderous report before the first meeting. Another meeting was then held, and the authorless report was circulated and briefly discussed. At the "do over" meeting one HRC member criticized the report, its findings, and more importantly the lack of transparency of the Chairman and the HRC Report. Friends of Frank Bogert have repeatedly asked the City to disclose the authors of the HRC Report and to date the authors have not been disclosed. The previous city manager stated that no City staff members wrote or edited the report. Staff has indicated he/she believed that members of the HRC had written the report but there is no public record that the commission or a committee of the commission at which the report was discussed or written. The bottom line: this entire controversy rests on a report which has been completely rebutted (but which continues to be quoted extensively by the Desert Sun) and which has no author. • Friends of Frank Bogert prepared a detailed rebuttal (copy provided to the RSPB) of the HRC Report and identified the outright lies, mistruths, internal inconsistencies, and sloppy work of the unknown author. One community member posted commentary identifying outside political operatives as responsible for the report. • The HRC report failed to consider historical facts and contemporaneous reporting about Section 14 including "You Can't Eat Dirt" by Vyola Ortner and "We Were Here Too," the history and contributions of the original Mexican families to the Palm Springs Village by Bargara Eves, Cydronia Valdez, and Vera Wall. • The HRC Report failed to discuss the Tribal Council's involvement regarding the issues facing Section 14 including letters from three Tribal Council Chairs thanking the City for its help with serious problems facing the City and Tribe. • Two Agua Caliente families, those of former Chairman Richard Milanovich and former Chairman Pete Siva, submitted comments demanding that all references to the former Chairmen be removed from the HRC Report since the references were not accurate, true, or representative of the lifelong friendship with Frank Bogert. Tristan Milanovich has testified before the HRC, and City Council multiple times demanding that references to her father be removed from the HRC Report. • A former Vice Chairwoman of the Tribal Council, Barbara Gonzales -Lyons submitted a lengthy email describing the benefits for the City and Tribe of working together to help the Tribe become financially independent. • Former Tribal Chairman Richard Milanovich descried Frank Bogert as the City's "first luminary." • The City Council specifically avoided approving the HRC Report and in fact several City Council members were critical of portions of the HRC Report. • The author(s) of the HRC Report remains a mystery despite multiple requests to divulge the authors and it is highly unusual for a City Board or Commission to even consider basing decisions on a report that does not disclose the authors or people who participated in its preparation. The staff report is deficient. It completely ignores the historic accomplishments of Frank Bogert, the city's long-established Western culture, the historic context of Frank Bogert and why his statue was placed at city hall. • Many of the early settlers including Frank Bogert were deeply rooted in Western culture. • Palm Springs at one time had more than 20 stables and riding facilities. • Frank Bogert's accomplishments spanned 75 years and include involvement with the El Mirador Hotel, Racquet Club, Thunderbird Country Club, Chamber of Commerce, community events, the Palm Springs Historical Society, Los Compadres, and many other institutions in the Coachella Valley too numerous to list here. 3 • Frank Bogert's book "Palm Springs, First 100 Years" has been printed in two editions. He has been featured in numerous periodicals, newspaper articles, City sponsored videos, press releases, and other publications. His contribution to the City of Palm Springs is unrivaled and for that work he was honored by a statue in front of City Hall. • Section 8.05.010 PSMC clearly states that Class 1 criteria shall include resources that are associated the lives of persons who made meaningful contributions to local history, and resources that exemplifies a particular period of local history. The Bogert statue qualifies in this regard. The staff report incorrectly states that the statue is not included in the Class 1 historic designation. City council resolution No. 23106 in 2012 did not distinguish or separate the sculpture from the Class 1 designation of city hall and in fact the city council resolution included structures, features, and entire City Hall property in the Class 1 designation. • Resolution No. 23106 noted that the original Resolution No. 18907 adopted in 1966 did not include express restrictions or limitations on the surrounding grounds and ancillary facilities or improvement. The statue was installed in 1987 and was clearly a notable ancillary facility and improvement in 2012. • On May 11, 2010, the HSPB held a public hearing and voted to recommend amendment of the Class 1 historic designation and expressly included the entire site, including the statue, in the historic designation. • Resolution No. 23106 found that the entire site of Palm Springs City Hall was clearly amended the historic designation to include the structures, features, and the land that includes the entire Tahquitz Canyon Way street -frontage and only exempted the landscape plant materials. • The Resolution No 23106 also specifically stated that all existing or previously approved or installed alterations or improvements shall be considered acceptable and consistent with the requirements of the Chapter 8.05 of the Municipal code. • City Council Resolution No. 23106 was adopted by Council which included Mayor Pro Tern Foat, who now almost 10 years after the fact, is claiming that there have been objections to the statue for 32 years. If so, why did no one, including Foat, raise any issues regarding the statue at the time Resolution No. 23106 was adopted? The only item excluded from the designation was landscape. Resolution No. 23106 was adopted by motion made by Mayor Pro Tern Foat, seconded by Councilmember Lewin, and carried on a 4-1 roll call vote (Councilmember Mills dissenting.) Ironically, the original landscape was designed by Garrett Eckbo, an important mid-century landscape architect, and this is also missing from the current staff report. The staff report ignores the history of City Hall itself. It is not just bricks and mortar, it is the core of the city's political culture and Frank Bogert was one of the most well-known, accomplished, and respected figures in the history of the city. The City Council in 2012 could have specifically removed the statue from the historic designation as it did with landscape. 2 • Historic designation of a site should include a history of the cultural and political activities and significance of City Hall. The commission and dedication of the statue at City Hall by citizens is historic in and of itself. • The consideration of the possible removal of the statue would be accompanied by an Historic Resource Assessment prepared by a qualified historic and art resource consultant. • An Historic Resource Assessment is the appropriate supporting documentation required to consider the statue, the artist, the historic context, Frank Bogert's many contributions to the history of the City, and other issues before any decision on the merit of the statue can be made and before any action to remove or relocate the statue. The staff report (page7) claims that the statue itself is not a historic resource and states that this finding is not subject to further evaluation. This unsubstantiated claim is not supported by an Historic Resource Assessment or any other documentation and completely ignores the Western culture of the city, Frank Bogert's historic contributions to the city and region, and the artist and his international acclaim. Historic resources, history, and the historic status of Frank Bogert have been dismissed without any supporting documentation and as such is merely the opinion of city staff. The city staff's CEQA determination, that the removal or relocation of the statue is categorically exempt, is not supported by any evidence in the record and ignores that fact that the City Council deliberately added the site, including the statue to the Class 1 historic designation by adopting resolution No. 23106. The HSPB should require substantial evidence that the removal or relocation will not have a potentially significant impact on cultural/historic resources by requiring an EIR to evaluate this issue. CEQA guidelines include detailed criteria for determining potential significant impacts and states that any such determinations of significance including determining the project is categorically exempt must be supported by substantial evidence of the entire record. In this case the statue is designated as part of a Class 1 historic site, is associated with the life of a person important to the city's past, represents the work of an important creative individual or possesses high artistic values. City staff is proposing to use a Class 31 exemption which is intended to deal with maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of a historic resource in a manner consistent with Secretary of Interior standards. Outright removal of a potentially significant recourse is a far cry from meeting this standard. The statue itself is part of the Class 1 designation and its removal does not meet this test without conducting an Environmental Assessment at least, and more properly a full Environmental Impact Report and determining if there is a potential significant impact. In adopting Resolution No. 23106, the City Council determined that the statue was part of the historic designation, the Council did not exempt the statue from the designation and established the need to carefully evaluate all changes to the historic site including to paving materials, physical attributes of the buildings, and all structures on the site. Only landscape was specifically excluded. • CEQA also defines a substantial adverse change in the significance of a historic resource including physical demolition, destruction, relocation, or alteration of the historic resource. • In this case the HSPB is being asked to issue a certificate of appropriateness for the removal of a historic resource without any discussion of the disposition of the statue, possible relocation sites, alternative sites, or any knowledge or information regarding the disposition of a historic resource. • The statue is unquestionably of significant historical, artistic; and interest, and value. • The HSPB would be delinquent in its mission to protect the history of Palm Springs by approving the removal of the statue's Class 1 historic designation without simultaneously approving its relocation to a prominent, public, protected, acceptable, and respectable site. • The staff report is deficient and clearly does not meet the requirements of a Class 31 categorical exemption. In this case the city must prepare a Cultural Resource Assessment to determine if the statue by itself is or is not a significant historic resource. Trying to argue that its removal is minor restoration of a site does not address the potential significance of the statue itself. A closed session meeting prior to a meeting with the HSPB to consider staffs recommendation to adopt a certificate of appropriateness should in and of itself raise concern about this proposal. We hope and trust that the HSPB will not give up its independent judgement and consider the entire record before deciding on the City Hall and the statue's historic status. In summary, the HSPB needs to consider the following alternative recommendations, 1. Require that the statue be fully evaluated to determine if it meets the criteria for a historic resource and consider the entire record. 2. Recommend that an Historic Resources Assessment be prepared for the statue noting that the artist is internationally acclaimed, that the statue represents the City's most important former Mayor and citizen and ask that the Historic Resource Assessment identify alternative locations for the statue including but not limited to on and off -site alternatives. 3. The HSPB should determine if this is in fact an amendment to the Class 1 historic designation and hold a public hearing once the historic resource assessment is completed. 4. Consider that the removal of the statue may cause its own significant impact on the environment pursuant to CEQA and CEQA guidelines and ask that an initial study/environmental assessment be conducted to determine if there will be any potentially significant environmental impacts resulting from the removal and or relocation of the statue. L 5. Refer the statue to the Public Arts Commission to determine if the statue can be removed or altered and to determine what the artist's rights are regarding the removal or alternation of the statue. 6. Demand a full and factual record and have a thoughtful public discussion before taking any action regarding the removal of the statue. 7 February 24, 2022 Re: HSPB Agenda Item 5C- Appeal Certificate of Appropriateness for City Hall and Frank Bogert Statue Dear Mayor and City Council - Friends of Frank Bogert and others have submitted detailed comments on the proposed action that might result in the removal of the historic Frank Bogert Statue. I have attached a detailed critique of the HSPB Staff Report dated 11/2/2021. Please read the detailed comments (copy attached) since the City Council Staff Report is once again deficient and does not even address the concerns raised by the Chair of the HSPB and other HSPB members. The Staff Report presented to you today once again tries to confine and limit the City Council's obligations to follow the City's Historic Preservation Ordinance. First, I would like to call your attention to the Article 1. Section 8.05.010 Purpose and Authority of the HSPB. This chapter of the municipal code states "for the purpose of preserving areas and specific buildings in the city which reflect elements of its cultural, social, economic, political, architectural, and archaeological history." Clearly, when the City Council considers the history of Palm Springs there is more to historic preservation than just bricks and mortar. The City Council clearly added the Bogert Statue to the Class 1 historic designation of City Hall in 2012. The Statue of the most famous Mayor in Palm Springs history, created by a world class artist is not a sprinkler head. The proposed action tonight is in fact trying to amend a Class 1 historic site by using a fatally flawed process. The City Council should be holding a hearing to amend a Class 1 historic site. Second, the Staff report under Regulatory Framework has tried to tie the hands of the HSPB and now the City Council by asserting that the City Council has no role in considering the historic merit of the statue and can only talk about the Certificate of Appropriateness. The HSPB disagreed with this type of artificial limitation during its discussion at its November meeting and voted to continue the item and directed "staff to initiate a historic resource (assessment) about the historic significance of the City Hall site and the Bogert statue." The Staff Report before you tonight completely ignores the fact that the Bogert Statue has not been evaluated for its stand-alone historic merit - "As of January 2022, the statue has not been evaluated for eligibility as a historic resource and the historical significance of the art and its creator has not been determined. This study does not evaluate the Bogert statue under any eligibility criteria." ARG 2022 Report ARG is an outstanding consulting firm and chooses its words very carefully when it writes a report. The HSPB asked for an assessment of the City Hall site and Bogert stature and ARG provided a report on the building. They did not ignore the HSPB direction, they were prohibited fubIiG � cornWVm� ITEM NO. from responding directly so ARG carefully and thoughtfully added an exclusion to the report. In doing so they in essence raised the question that the art and the creator could be historic. The same conclusion the HSPB came to at its meeting in November. In summary the Staff Report tries to box the City Council into the intended decision to approve the Certificate. The Staff Report and ARG report fails to provide any information regarding the historic merit of the statue and the artist who created it. The Staff Report before you today is flawed. The historic merits of Frank Bogert, the historic merits of the statue, and the significance of the art piece itself have been swept under the rug. Do this right, continue the appeal, direct staff to prepare a historic resource assessment on the statue, artist, and Mayor Frank Bogert. Lets have a truly open and transparent process not a contrived process that violates City, State, and Federal laws Friends of Frank Bogert (FFB) request that the appeal be continued or better yet take the item off the agenda. We believe that there is no public purpose served by taking action tonight. The community, including many members of your HSPB, have suggested alternative sites that would accommodate this historic statue. We are committed to working with the City Council and others to find a mutually acceptable site for the statue. As clearly stated in the Chapter 8.05 Historic Preservation the role of the City Council is to protect the history of Palm Springs. Frank Bogert clearly was a historic figure in the development of cultural, social, economic, and political elements of the City of Palm Springs. The Bogert statue was commissioned by a citizens group tasked with celebrating the city's rich history and the statue was created by a world renown Mexican artist. Thank you for your hard work and I would be willing to answer any questions during your meeting. Doug Evans 760-567-6079 To: Palms Springs Historic Site Preservation Board From: Norm King, Friends of Frank On behalf of Friends of Frank I would respectfully ask that you read and consider the attached documentation regarding your potential action to grant a certificate of appropriateness for alternations to Palms Springs City Hall, a Class 1 Historic Site. As the attached makes abundantly clear the statue of Frank Bogert is foremost among the historic resources in the City of Palm Springs and is protected by the Class 1 historic designation of City Hall which specifically included the entire site. Granting a Class 31 exemption does not meet the approved standards intended to deal with the maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of an historic resource and is an attempt to short-circuit the public process required before any such action. The statue is unquestionably of significant historical and artistic interest and value. The HSPB would be delinquent in proceeding with a vote for a certificate of appropriateness at this time, given the inadequate staff report. Unfortunately the effort to remove the statue has nothing to do with those asserted in the staff report and instead is based on unfounded allegations contained in a "report" which does not have an author and which has been rebutted with factual information. It appears that the effort to remove the statue is an attempt to place the responsibility for the Section 14 relocations on Frank Bogert alone and ignores the historical record which shows that, had not the Tribal Council and members of the Tribe (who understandably wanted to be able to earn income from their newly allocated land), the Bureau of Indian affairs and for that matter the Riverside County Health Department urged the Section 14 removals, the city would have not been involved. Any action by the HSPB in the absence of an Historic Resources Assessment could be responsible for the destruction of an important part of the history of Palm Springs. In taking its responsibility seriously, the HSPB should insist on a complete and factual record. Thank you for your consideration. Zq- ZD2Z �bl i G CO'OA VVWJ- rrEM NO. J5 G November 2, 2021 Comments from Friends of Frank regarding Proposed Action by the Historic Site Preservation Board Agenda Item 4.A- Friends of Frank Bogert, Inc's additional objections to the Historic Site Preservation Board report and proposed consideration of a Certificate of Compliance for the removal of the Frank Bogert Statue located at City Hall. The HSPB is being requested to make a decision regarding removal of the statue from in front of city hall created by the master sculptor Raymundo Cobo Reyes and given to the City by citizens and accepted by a previous City Council, without benefit of a full historic resource assessment which should include an analysis of the artist, the statue's place in history, historic context, discussion of Frank Bogert's historic significance in Palm Springs, and normally included background information required for thoughtful deliberation. The HSPB is being asked to evaluate a significant element in a Class 1 Historic Site without all the required information. • Raymundo Cobo Reyes is a master artist and sculptor with significant works not only in Palm Springs and through the world. He lives in Mexico City and has artists rights to the Frank Bogert Statue. • His work includes statues of heroic figures Paseo de la Reforma, the monumental Playa de Toros in Mexico City, a statue of Pope John Paul II in the Vatican, a statue of Rodolfo Gaona in Museo de las Ventas in Madrid, and a bull, crafted of gold and silver, for Cartier. • Art Shows- Museum of Art in Chicago, Museum of Man in Paris, Southwestern Round- up in El Paso • Section 8.05.080 PSMC, clearly includes a provision for works of art and states that a resource that presents the work of an artist whose individual genius influenced his or her age or that possesses high artistic value may be a historic resource. In this case the staff report does not make any mention of the artist, his international acclaim, or the art piece itself. The staff report does not discuss any background of the original commissioning of the statue, unprecedented community fundraising, and community involvement in placement of the statue in front of city hall. • The statue was commissioned by a group of community members lead by Barbara Foster, wife of former Mayor Bill Foster, and presented to the City to acknowledge the unique Western Heritage of Palm Springs and the decades -long effort by Frank Bogert to make Palm Springs the destination resort that we all enjoy today. • The dedication was attended by citizens, celebrities, elected officials, and people from all walks of life. • The statue has been in front of City Hall for 32 years without controversy and has suddenly become an issue as a small group of people started the slanderous attack on Mayor Bogert. Mayor Ron Oden, the first Black mayor of Palm Springs, became a friend of Frank Bogert and during his decade of being on the City Council and Mayor not once did he raise any issues or state any concerns regarding the statue as an issue in the community. Had he had raised any concerns while on the City Council or while being Mayor, Mayor Oden could have certainly addressed the issue by working with his friend Mayor Bogert. • In fact, after Frank Bogert's passing in 2009, the city issued a press release and scheduled a meeting to consider naming the iconic Airport Fountain after Frank Bogert. A group of citizens reminded the Mayor and City Council that while Frank Bogert headed up the design, fabrication, and installation of the fountain, the fountain was dedicated in honor of Pearl McManus, a decision Frank Bogert would have supported. • The city paid for and created a video in April 2009 celebrating Frank Bogert and his accomplishments. This video was played at the City Council meeting on April 25,2009 and aired on the city television channel for two months, clearly indicating that the city felt Bogert was worthy of veneration. The staff report does not make any mention of the current controversy regarding the HRC meetings and the HRC's fallacious report, which attempts to place responsibility for the Section 14 relocations on Frank Bogert instead of noting that the relocation was urged by the landowners which were the members of the Agua Caliente Band of Cahuilla Indians and the Bureau of Indian Affairs. Nor does the report make any mention of the aborted 2017 Public Arts Commission attempt to remove the statue, the report does not mention that the city council deliberately avoided approving the erroneous HRC report and was critical of facts presented in the report. • In 2017 the Public Arts commission without any community notice held a meeting to consider removing the statue and met with opposition from the community. The Public Arts Commission after hearing public comment from community members tabled the item. The HRC had to hold two meetings to consider the resolution recommending the removal of the statue because the agenda materials were withheld from the public at the first meeting. The Chairman illegally failed to provide the public and some of the members of his commission the slanderous report before the first meeting. Another meeting was then held, and the authorless report was circulated and briefly discussed. At the "do over" meeting one HRC member criticized the report, its findings, and more importantly the lack of transparency of the Chairman and the HRC Report. Friends of Frank Bogert have repeatedly asked the City to disclose the authors of the HRC Report and to date the authors have not been disclosed. The previous city manager stated that no City staff members wrote or edited the report. Staff has indicated he/she believed that members of the HRC had written the report but there is no public record that the commission or a committee of the commission at which the report was discussed or written. The bottom line: this entire controversy rests on a report which has been completely rebutted (but which continues to be quoted extensively by the Desert Sun) and which has no author. 2 • Friends of Frank Bogert prepared a detailed rebuttal (copy provided to the RSPB) of the HRC Report and identified the outright lies, mistruths, internal inconsistencies, and sloppy work of the unknown author. One community member posted commentary identifying outside political operatives as responsible for the report. • The HRC report failed to consider historical facts and contemporaneous reporting about Section 14 including "You Can't Eat Dirt" by Vyola Ortner and "We Were Here Too," the history and contributions of the original Mexican families to the Palm Springs Village by Bargara Eves, Cydronia Valdez, and Vera Wall. • The HRC Report failed to discuss the Tribal Council's involvement regarding the issues facing Section 14 including letters from three Tribal Council Chairs thanking the City for its help with serious problems facing the City and Tribe. • Two Agua Caliente families, those of former Chairman Richard Milanovich and former Chairman Pete Siva, submitted comments demanding that all references to the former Chairmen be removed from the HRC Report since the references were not accurate, true, or representative of the lifelong friendship with Frank Bogert. Tristan Milanovich has testified before the HRC, and City Council multiple times demanding that references to her father be removed from the HRC Report. • A former Vice Chairwoman of the Tribal Council, Barbara Gonzales -Lyons submitted a lengthy email describing the benefits for the City and Tribe of working together to help the Tribe become financially independent. • Former Tribal Chairman Richard Milanovich descried Frank Bogert as the City's "first luminary." • The City Council specifically avoided approving the HRC Report and in fact several City Council members were critical of portions of the HRC Report. • The author(s) of the HRC Report remains a mystery despite multiple requests to divulge the authors and it is highly unusual for a City Board or Commission to even consider basing decisions on a report that does not disclose the authors or people who participated in its preparation. The staff report is deficient. It completely ignores the historic accomplishments of Frank Bogert, the city's long-established Western culture, the historic context of Frank Bogert and why his statue was placed at city hall. • Many of the early settlers including Frank Bogert were deeply rooted in Western culture. • Palm Springs at one time had more than 20 stables and riding facilities. • Frank Bogert's accomplishments spanned 75 years and include involvement with the El Mirador Hotel, Racquet Club, Thunderbird Country Club, Chamber of Commerce, 3 community events, the Palm Springs Historical Society, Los Compadres, and many other institutions in the Coachella Valley too numerous to list here. • Frank Bogert's book "Palm Springs, First 100 Years" has been printed in two editions. He has been featured in numerous periodicals, newspaper articles, City sponsored videos, press releases, and other publications. His contribution to the City of Palm Springs is unrivaled and for that work he was honored by a statue in front of City Hall. • Section 8.05.010 PSMC clearly states that Class 1 criteria shall include resources that are associated the lives of persons who made meaningful contributions to local history, and resources that exemplifies a particular period of local history. The Bogert statue qualifies in this regard. The staff report incorrectly states that the statue is not included in the Class 1 historic designation. City council resolution No. 23106 in 2012 did not distinguish or separate the sculpture from the Class 1 designation of city hall and in fact the city council resolution included structures, features, and entire City Hall property in the Class 1 designation. • Resolution No. 23106 noted that the original Resolution No. 18907 adopted in 1966 did not include express restrictions or limitations on the surrounding grounds and ancillary facilities or improvement. The statue was installed in 1987 and was clearly a notable ancillary facility and improvement in 2012. • On May 11, 2010, the HSPB held a public hearing and voted to recommend amendment of the Class 1 historic designation and expressly included the entire site, including the statue, in the historic designation. • Resolution No. 23106 found that the entire site of Palm Springs City Hall was clearly amended the historic designation to include the structures, features, and the land that includes the entire Tahquitz Canyon Way street -frontage and only exempted the landscape plant materials. • The Resolution No 23106 also specifically stated that all existing or previously approved or installed alterations or improvements shall be considered acceptable and consistent with the requirements of the Chapter 8.05 of the Municipal code. • City Council Resolution No. 23106 was adopted by Council which included Mayor Pro Tem Foat, who now almost 10 years after the fact, is claiming that there have been objections to the statue for 32 years. If so, why did no one, including Foat, raise any issues regarding the statue at the time Resolution No. 23106 was adopted? The only item excluded from the designation was landscape. Resolution No. 23106 was adopted by motion made by Mayor Pro Tern Foat, seconded by Councilmember Lewin, and carried on a 4-1 roll call vote (Councilmember Mills dissenting.) Ironically, the original landscape was designed by Garrett Eckbo, an important mid-century landscape architect, and this is also missing from the current staff report. The staff report ignores the history of City Hall itself It is not just bricks and mortar, it is the core of the city's political culture and Frank Bogert was one of the most well-known, accomplished, and respected figures in the history of the city. The City Council in 2012 could have specifically removed the statue from the historic designation as it did with landscape. a] • Historic designation of a site should include a history of the cultural and political activities and significance of City Hall. The commission and dedication of the statue at City Hall by citizens is historic in and of itself. • The consideration of the possible removal of the statue would be accompanied by an Historic Resource Assessment prepared by a qualified historic and art resource consultant. • An Historic Resource Assessment is the appropriate supporting documentation required to consider the statue, the artist, the historic context, Frank Bogert's many contributions to the history of the City, and other issues before any decision on the merit of the statue can be made and before any action to remove or relocate the statue. The staff report (page7) claims that the statue itself is not a historic resource and states that this finding is not subject to further evaluation. This unsubstantiated claim is not supported by an Historic Resource Assessment or any other documentation and completely ignores the Western culture of the city, Frank Bogert's historic contributions to the city and region, and the artist and his international acclaim. Historic resources, history, and the historic status of Frank Bogert have been dismissed without any supporting documentation and as such is merely the opinion of city staff. The city staffs CEQA determination, that the removal or relocation of the statue is categorically exempt, is not supported by any evidence in the record and ignores that fact that the City Council deliberately added the site, including the statue to the Class 1 historic designation by adopting resolution No. 23106, The HSPB should require substantial evidence that the removal or relocation will not have a potentially significant impact on cultural/historic resources by requiring an EIR to evaluate this issue. CEQA guidelines include detailed criteria for determining potential significant impacts and states that any such determinations of significance including determining the project is categorically exempt must be supported by substantial evidence of the entire record. In this case the statue is designated as part of a Class 1 historic site, is associated with the life of a person important to the city's past, represents the work of an important creative individual or possesses high artistic values. City staff is proposing to use a Class 31 exemption which is intended to deal with maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of a historic resource in a manner consistent with Secretary of Interior standards. Outright removal of a potentially significant recourse is a far cry from meeting this standard. The statue itself is part of the Class 1 designation and its removal does not meet this test without conducting an Environmental Assessment at least, and more properly a full Environmental Impact Report and determining if there is a potential significant impact. In adopting Resolution No. 23106, the City Council determined that the statue was part of the historic designation, the Council did not exempt the statue from the designation and established the need to carefully evaluate all changes to the historic site including to paving materials, physical attributes of the buildings, and all structures on the site. Only landscape was specifically excluded. • CEQA also defines a substantial adverse change in the significance of a historic resource including physical demolition, destruction, relocation, or alteration of the historic resource. • In this case the HSPB is being asked to issue a certificate of appropriateness for the removal of a historic resource without any discussion of the disposition of the statue, possible relocation sites, alternative sites, or any knowledge or information regarding the disposition of a historic resource. • The statue is unquestionably of significant historical, artistic, and interest, and value. • The HSPB would be delinquent in its mission to protect the history of Palm Springs by approving the removal of the statue's Class 1 historic designation without simultaneously approving its relocation to a prominent, public, protected, acceptable, and respectable site. • The staff report is deficient and clearly does not meet the requirements of a Class 31 categorical exemption. In this case the city must prepare a Cultural Resource Assessment to determine if the statue by itself is or is not a significant historic resource. Trying to argue that its removal is minor restoration of a site does not address the potential significance of the statue itself. A closed session meeting prior to a meeting with the HSPB to consider staffs recommendation to adopt a certificate of appropriateness should in and of itself raise concern about this proposal. We hope and trust that the HSPB will not give up its independent judgement and consider the entire record before deciding on the City Hall and the statue's historic status. In summary, the HSPB needs to consider the following alternative recommendations, 1. Require that the statue be fully evaluated to determine if it meets the criteria for a historic resource and consider the entire record. 2. Recommend that an Historic Resources Assessment be prepared for the statue noting that the artist is internationally acclaimed, that the statue represents the City's most important former Mayor and citizen and ask that the Historic Resource Assessment identify alternative locations for the statue including but not limited to on and off -site alternatives. 3. The HSPB should determine if this is in fact an amendment to the Class 1 historic designation and hold a public hearing once the historic resource assessment is completed. 4. Consider that the removal of the statue may cause its own significant impact on the environment pursuant to CEQA and CEQA guidelines and ask that an initial study/environmental assessment be conducted to determine if there will be any potentially significant environmental impacts resulting from the removal and or relocation of the statue. 0 5. Refer the statue to the Public Arts Commission to determine if the statue can be removed or altered and to determine what the artist's rights are regarding the removal or alternation of the statue. 6. Demand a full and factual record and have a thoughtful public discussion before taking any action regarding the removal of the statue. Tiffani Baile From: David Christian <DC@DAVIDchristian.com> Sent: Thursday, February 24, 2022 11:15 AM To: Christy Holstege; Lisa Middleton; Grace Garner; Dennis Woods; Geoff Kors; Llubi Rios; City Clerk; Anthony Mejia Subject: Agenda Item 5.C- Appeal of HSPB Decision- Frank Bogert Statue Attachments: Final Final HSPB Comments Version 2[1].docx NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Mayor Middleton and Palm Springs City Council Members, Please find attached supporting information with regard to the appeal of the HSPB decision regarding the Frank Bogert statue. I will not repeat them in the body of this email. Please read the attachment thoroughly. I will, however, comment that I found it very interesting that one of the HSPB board members chose to abstain from voting on the issue because he actually knew Frank and apparently found him to be the same kind and caring individual that we all knew. By extension, it appears that one of the qualifications to vote on this fine man's history and integrity is that you never knew him. I would respectfully request that you carefully consider the appeal of the actions of the HSPB and have the issue reconsidered. Best regards, David Christian 52 year Palm Springs resident. David Christian Architecture & Interior Design 431 Villaggio North Palm Springs, CA 92262 Phone:760-285-2220 dcCcDdavidchristia n.com www.davidchristian.com mNO. November 2, 2021 Historic Site Preservation Board Meeting Agenda Item 4.A- Friends of Frank Bogert, Inc's additional objections to the Historic Site Preservation Board report and proposed consideration of a Certificate of Compliance for the removal of the Frank Bogert Statue located at City Hall. The HSPB is being forced to make a decision regarding removal of the statue from in front of city hall created by the master sculptor Raymundo Cobo Reyes and given to the City by citizens and accepted by a previous City Council, without benefit of a full historic resource assessment which should include an analysis of the artist, the statue's place in history, historic context, discussion of Frank Bogert's historic significance in Palm Springs, and normally included background information required for thoughtful deliberation. The HSPB is being asked to evaluate a significant element in a Class 1 Historic Site without all the required information. • Raymundo Cobo Reyes is a master artist and sculptor with significant works not only in Palm Springs and through the world. He lives in Mexico City and has artists rights to the Frank Bogert Statue. • His work includes statues of heroic figures Paseo de la Reforma, the monumental Playa de Toros in Mexico City, a statue of Pope John Paul II in the Vatican, a statue of Rodolfo Gaona in Museo de las Ventas in Madrid, and a bull, crafted of gold and silver, for Cartier. • Art Shows- Museum of Art in Chicago, Museum of Man in Paris, Southwestern Round- up in El Paso • Section 8.05.080 PSMC, clearly includes a provision for works of art and states that a resource that presents the work of an artist whose individual genius influenced his or her age or that possesses high artistic value may be a historic resource. In this case the staff report does not make any mention of the artist, his international acclaim, or the art piece itself. The staff report does not discuss any background of the original commissioning of the statue, unprecedented community fundraising, and community involvement in placement of the statue in front of city hall. • The statue was commissioned by a group of community members lead by Barbara Foster, wife of former Mayor Bill Foster, and presented to the City to acknowledge the unique Western Heritage of Palm Springs and the decades -long effort by Frank Bogert to make Palm Springs the destination resort that we all enjoy today. • The dedication was attended by citizens, celebrities, elected officials, and people from all walks of life. • The statue has been in front of City Hall for 32 years without controversy and has suddenly become an issue as a small group of people started the slanderous attack on Mayor Bogert. 1 Mayor Ron Oden, the first Black mayor of Palm Springs, became a friend of Frank Bogert and during his decade of being on the City Council and Mayor not once did he raise any issues or state any concerns regarding the statue as an issue in the community. Had he had raised any concerns while on the City Council or while being Mayor, Mayor Oden could have certainly addressed the issue by working with his friend Mayor Bogert. • In fact, after Frank Bogert's passing in 2009, the city issued a press release and scheduled a meeting to consider naming the iconic Airport Fountain after Frank Bogert. A group of citizens reminded the Mayor and City Council that while Frank Bogert headed up the design, fabrication, and installation of the fountain, the fountain was dedicated in honor of Pearl McManus, a decision Frank Bogert would have supported. • The city paid for and created a video in April 2009 celebrating Frank Bogert and his accomplishments. This video was played at the City Council meeting on April 25,2009 and aired on the city television channel for two months, clearly indicating that the city felt Bogert was worthy of veneration. The staff report does not make any mention of the current controversy regarding the HRC meetings and the HRC's fallacious report, which attempts to place responsibility for the Section 14 relocations on Frank Bogert instead of noting that the relocation was urged by the landowners which were the members of the Agua Caliente Band of Cahuilla Indians and the Bureau of Indian Affairs. Nor does the report make any mention of the aborted 2017 Public Arts Commission attempt to remove the statue, the report does not mention that the city council deliberately avoided approving the erroneous HRC report and was critical of facts presented in the report. • In 2017 the Public Arts commission without any community notice held a meeting to consider removing the statue and met with opposition from the community. The Public Arts Commission after hearing public comment from community members tabled the item. The HRC had to hold two meetings to consider the resolution recommending the removal of the statue because the agenda materials were withheld from the public at the first meeting. The Chairman illegally failed to provide the public and some of the members of his commission the slanderous report before the first meeting. Another meeting was then held, and the authorless report was circulated and briefly discussed. At the "do over" meeting one HRC member criticized the report, its findings, and more importantly the lack of transparency of the Chairman and the HRC Report. Friends of Frank Bogert have repeatedly asked the City to disclose the authors of the HRC Report and to date the authors have not been disclosed. The previous city manager stated that no City staff members wrote or edited the report. Staff has indicated he/she believed that members of the HRC had written the report but there is no public record that the commission or a committee of the commission at which the report was discussed or written. The bottom line: this entire controversy rests on a report which has been completely rebutted (but which continues to be quoted extensively by the Desert Sun) and which has no author. • Friends of Frank Bogert prepared a detailed rebuttal (copy provided to the HSPB) of the HRC Report and identified the outright lies, mistruths, internal inconsistencies, and sloppy work of the unknown author. One community member posted commentary identifying outside political operatives as responsible for the report. • The HRC report failed to consider historical facts and contemporaneous reporting about Section 14 including "You Can't Eat Dirt" by Vyola Ortner and "We Were Here Too," the history and contributions of the original Mexican families to the Palm Springs Village by Bargara Eves, Cydronia Valdez, and Vera Wall. • The HRC Report failed to discuss the Tribal Council's involvement regarding the issues facing Section 14 including letters from three Tribal Council Chairs thanking the City for its help with serious problems facing the City and Tribe. • Two Agua Caliente families, those of former Chairman Richard Milanovich and former Chairman Pete Siva, submitted comments demanding that all references to the former Chairmen be removed from the HRC Report since the references were not accurate, true, or representative of the lifelong friendship with Frank Bogert. Tristan Milanovich has testified before the HRC, and City Council multiple times demanding that references to her father be removed from the HRC Report. • A former Vice Chairwoman of the Tribal Council, Barbara Gonzales -Lyons submitted a lengthy email describing the benefits for the City and Tribe of working together to help the Tribe become financially independent. • Former Tribal Chairman Richard Milanovich descried Frank Bogert as the City's "first luminary." • The City Council specifically avoided approving the HRC Report and in fact several City Council members were critical of portions of the HRC Report. • The author(s) of the HRC Report remains a mystery despite multiple requests to divulge the authors and it is highly unusual for a City Board or Commission to even consider basing decisions on a report that does not disclose the authors or people who participated in its preparation. The staff report is deficient. It completely ignores the historic accomplishments of Frank Bogert, the city's long-established Western culture, the historic context of Frank Bogert and why his statue was placed at city hall. • Many of the early settlers including Frank Bogert were deeply rooted in Western culture. • Palm Springs at one time had more than 20 stables and riding facilities. • Frank Bogert's accomplishments spanned 75 years and include involvement with the El Mirador Hotel, Racquet Club, Thunderbird Country Club, Chamber of Commerce, community events, the Palm Springs Historical Society, Los Compadres, and many other institutions in the Coachella Valley too numerous to list here. 3 • Frank Bogert's book "Palm Springs, First 100 Years" has been printed in two editions. He has been featured in numerous periodicals, newspaper articles, City sponsored videos, press releases, and other publications. His contribution to the City of Palm Springs is unrivaled and for that work he was honored by a statue in front of City Hall. • Section 8.05.010 PSMC clearly states that Class 1 criteria shall include resources that are associated the lives of persons who made meaningful contributions to local history, and resources that exemplifies a particular period of local history. The Bogert statue qualifies in this regard. The staff report incorrectly states that the statue is not included in the Class 1 historic designation. City council resolution No. 23106 in 2012 did not distinguish or separate the sculpture from the Class 1 designation of city hall and in fact the city council resolution included structures, features, and entire City Hall property in the Class 1 designation. • Resolution No. 23106 noted that the original Resolution No. 18907 adopted in 1966 did not include express restrictions or limitations on the surrounding grounds and ancillary facilities or improvement. The statue was installed in 1987 and was clearly a notable ancillary facility and improvement in 2012. • On May 11, 2010, the HSPB held a public hearing and voted to recommend amendment of the Class 1 historic designation and expressly included the entire site, including the statue, in the historic designation. • Resolution No. 23106 found that the entire site of Palm Springs City Hall was clearly amended the historic designation to include the structures, features, and the land that includes the entire Tahquitz Canyon Way street -frontage and only exempted the landscape plant materials. • The Resolution No 23106 also specifically stated that all existing or previously approved or installed alterations or improvements shall be considered acceptable and consistent with the requirements of the Chapter 8.05 of the Municipal code. • City Council Resolution No. 23106 was adopted by Council which included Mayor Pro Tern Foat, who now almost 10 years after the fact, is claiming that there have been objections to the statue for 32 years. If so, why did no one, including Foat, raise any issues regarding the statue at the time Resolution No. 23106 was adopted? The only item excluded from the designation was landscape. Resolution No. 23106 was adopted by motion made by Mayor Pro Tern Foat, seconded by Councilmember Lewin, and carried on a 4-1 roll call vote (Councilmember Mills dissenting.) Ironically, the original landscape was designed by Garrett Eckbo, an important mid-century landscape architect, and this is also missing from the current staff report. The staff report ignores the history of City Hall itself. It is not just bricks and mortar, it is the core of the city's political culture and Frank Bogert was one of the most well-known, accomplished, and respected figures in the history of the city. The City Council in 2012 could have specifically removed the statue from the historic designation as it did with landscape. 4 • Historic designation of a site should include a history of the cultural and political activities and significance of City Hall. The commission and dedication of the statue at City Hall by citizens is historic in and of itself. • The consideration of the possible removal of the statue would be accompanied by an Historic Resource Assessment prepared by a qualified historic and art resource consultant. • An Historic Resource Assessment is the appropriate supporting documentation required to consider the statue, the artist, the historic context, Frank Bogert's many contributions to the history of the City, and other issues before any decision on the merit of the statue can be made and before any action to remove or relocate the statue. The staff report (page7) claims that the statue itself is not a historic resource and states that this finding is not subject to further evaluation. This unsubstantiated claim is not supported by an Historic Resource Assessment or any other documentation and completely ignores the Western culture of the city, Frank Bogert's historic contributions to the city and region, and the artist and his international acclaim. Historic resources, history, and the historic status of Frank Bogert have been dismissed without any supporting documentation and as such is merely the opinion of city staff. The city staffs CEQA determination, that the removal or relocation of the statue is categorically exempt, is not supported by any evidence in the record and ignores that fact that the City Council deliberately added the site, including the statue to the Class 1 historic designation by adopting resolution No. 23106. The HSPB should require substantial evidence that the removal or relocation will not have a potentially significant impact on cultural/historic resources by requiring an EIR to evaluate this issue. CEQA guidelines include detailed criteria for determining potential significant impacts and states that any such determinations of significance including determining the project is categorically exempt must be supported by substantial evidence of the entire record. In this case the statue is designated as part of a Class 1 historic site, is associated with the life of a person important to the city's past, represents the work of an important creative individual or possesses high artistic values. City staff is proposing to use a Class 31 exemption which is intended to deal with maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation, or reconstruction of a historic resource in a manner consistent with Secretary of Interior standards. Outright removal of a potentially significant recourse is a far cry from meeting this standard. The statue itself is part of the Class 1 designation and its removal does not meet this test without conducting an Environmental Assessment at least, and more properly a full Environmental Impact Report and determining if there is a potential significant impact. In adopting Resolution No. 23106, the City Council determined that the statue was part of the historic designation, the Council did not exempt the statue from the designation and established the need to carefully evaluate all changes to the historic site including to paving materials, physical attributes of the buildings, and all structures on the site. Only landscape was specifically excluded. • CEQA also defines a substantial adverse change in the significance of a historic resource including physical demolition, destruction, relocation, or alteration of the historic resource. • In this case the HSPB is being asked to issue a certificate of appropriateness for the removal of a historic resource without any discussion of the disposition of the statue, possible relocation sites, alternative sites, or any knowledge or information regarding the disposition of a historic resource. • The statue is unquestionably of significant historical, artistic, and interest, and value. • The HSPB would be delinquent in its mission to protect the history of Palm Springs by approving the removal of the statue's Class 1 historic designation without simultaneously approving its relocation to a prominent, public, protected, acceptable, and respectable site. • The staff report is deficient and clearly does not meet the requirements of a Class 31 categorical exemption. In this case the city must prepare a Cultural Resource Assessment to determine if the statue by itself is or is not a significant historic resource. Trying to argue that its removal is minor restoration of a site does not address the potential significance of the statue itself. A closed session meeting prior to a meeting with the HSPB to consider staffs recommendation to adopt a certificate of appropriateness should in and of itself raise concern about this proposal. We hope and trust that the HSPB will not give up its independent judgement and consider the entire record before deciding on the City Hall and the statue's historic status. In summary, the HSPB needs to consider the following alternative recommendations, 1. Require that the statue be fully evaluated to determine if it meets the criteria for a historic resource and consider the entire record. 2. Recommend that an Historic Resources Assessment be prepared for the statue noting that the artist is internationally acclaimed, that the statue represents the City's most important former Mayor and citizen and ask that the Historic Resource Assessment identify alternative locations for the statue including but not limited to on and off -site alternatives. 3. The HSPB should determine if this is in fact an amendment to the Class 1 historic designation and hold a public hearing once the historic resource assessment is completed. 4. Consider that the removal of the statue may cause its own significant impact on the environment pursuant to CEQA and CEQA guidelines and ask that an initial study/environmental assessment be conducted to determine if there will be any potentially significant environmental impacts resulting from the removal and or relocation of the statue. 5. Refer the statue to the Public Arts Commission to determine if the statue can be removed or altered and to determine what the artist's rights are regarding the removal or alternation of the statue. 6. Demand a full and factual record and have a thoughtful public discussion before taking any action regarding the removal of the statue. 7 February 24 2022 To City of Palm Springs Mayor Middleton, council members, city manager, city attorney & citizenry: I request the Frank Bogert to remain where is. Frank Bogert is a pioneer of Palm Springs, was a hard working City of Palm Springs ambassador in early `pioneer' beginnings of the city. He was a leader before this city incorporated in 1938 & all who have experienced Bogert's strong presence know him to be the "John Wayne' of Palm Springs & more. Bogert raised funds for charity over his 75 years of service to this city. Desert Circus, Palm Springs Annual Rodeo here another event. Bogert was giving as many have testified, shared warm stories of how he rescued so many, how he found jobs for hard working people. Not one council member today or past couple of years can ever hold a candle to the many good things Bogert has accomplished. Then there are city, public huge developments.. Airport, Convention Center, hiking & equestrian trail blazer. Historical markers in Palm Springs, here: 1. El Mirador tower.. when Desert Regional Hospital expanded, adding modern, state of the art new additions which took over the historic El Mirador Hotel grounds.. the tower was preserved. 2. Old desert museum- Tahquitz & Indian: When the older Desert Museum was torn down at S/W corner Cornelia White railroad tie house was moved to Village Green. 3. City of Palm Springs planning department, building preferred structure spec have been towards Spanish, Spanish influence always. And western influences. 4. Mid century- the 1957 influence by George Alexander was focused on Palm Springs desert winter home, second home customer. It had no air conditioning, no insulation -suitable for Nov- April use. Many new people, home owners have gravitated to the 1957ish older homes since they have been the affordable go to over past ten years or so with draws from annual mid century modern conventions. The points being the city can easily be a blend of both old and new, Spanish or Traditional, or Tuscan comfort styles as well as modern style. 2- Zy- "EZ. UEM NTO. Frank Bogert was a good man, he stood for Aqua Caliente Tribal leaders.. an ALL woman tribe council who were amazing at securing their rights to develop their tribe sovereign land situated down town Palm Springs. Facts show 351 families of two or more were white. Facts are fires happened on the land because of aluminum wiring in trailers that were overloaded by ply wood shanty add ons so winter seasonal service people could camp out, work at nearby winter hotels, then they would leave, migrate to coast or mountains. For past several years many have inflamed, sought to sell stories to inflame such as Tamarisk trees. These trees were not used for racism purpose but to hold down drifting sand, sand pitting to structures, cars, people. The many fires on tribe land too not at all racism but notices issued, many ignored the notices or cared not. Many were month to month subletting. The city council over past two years has had a personal agenda to divide, to upset citizenry with their many unilateral moves, demands. Please listen to the majority of citizenry here and on other matters. I request that you leave the Frank Bogert sculpture where it is. A man who indeed devoted 75 years of his life to this city needs to be honored. On the separate matter, the local tribe had every right to request help from the city once they had their land rights to develop it. Many POC who happened to be on the tribe land got it together to build at Crossley tract near muni golf course. Or they bought homes in Desert Highlands, Gateway from second home owners who bought there in the early 50s. Many already had homes in Banning where the climate is cooler or Garnet near train station where on the open land they can have livestock, chickens, pigs, goats, etc. Neither whites nor poc owned land downtown, they knew it was temporary.. mostly winter stint then gone out of town for the six months that Palm Springs closed. I think for City council members to even start this is wrong, inept. For this city council to keep promoting this needs to cease. And to empty promise month to month tenant that the city is responsible to them for loss of wealth when the tenants had month to month situation subject to notice at any time on tribe property is inept and makes not sense whatsoever. The tribe made the temporary no promise. The City of Palm Springs at the time did offer and pay out to many funds to put down on new homes which many did do. May we go forward by closing the subject with City Council apologies that they erred by sending to their HRC committee this subject. May we see City Council apologize for stumping empty promise for reparations that are uncalled for. Does the City Council recognize that it lacks legal authority to issue public funds from tax payer accounts for tribe owned land reparations. I think both matters need to be closed, removed now and future from considerations. This and the fact that Frank Bogert in deed is deserving of a place at City Hall since he was one of the hardest working, most productive citizens for the city. As witness to the tribe land conditions having been here fulltime since 1957 and as to development of Palm Springs since mid century times. I hope this City Council will finally see clear tabling the issue. Sincerely, Susan Smith, resident 1957 3 Radio hosts fired over F BY ALEMRA LEM Special to the D&wA Sun Tutu wdl-known local talk ra- dio hosts say they were fired wednesday for their comments about a Palm Springs council member. `We were fired — night as well notbeat around the bush," said Gary Stone of the "Mar- shall and Stone Show." "It's disappointing but I re- spect their decision. ): ' Marshall Gilbert and Stone had been with the station for about 10 years. The show was canceled by the Morris Desert Radio Group after a caller oat remarks rough p p g Councilwoman Ginny Foat, as reported at mydesert.com. "I have no regrets about what I said," Gilbert told the Desert Sun on Wednesday. "Ginny Foat was charged with murder and acquitted. What part do I regret?" According to press reports, Foafs ex-husband implicated i er in the 1965 tire -iron killing of anArgentine businessman in Louisiana. She was indicted in 1983 and later acquitted. General Manager Norman der said the show was can- c4ed for "not following in - structions on what to do on-air"producers saytheyhave not made final decisions about the show. Foat slid not return calls re- questing comment. The "Marshall and Stone Show" aired on KNWZ 970 IN AM and WQ 1140 AM from 3 to 6 p.m. weekdays. The List show aired Monday. The duo was known for their banter on political and current events. "Talk radio is supposed to be outrageous and over the edge," Gilbert said. "If we have .to be monitored, it's not talk radio." Tiffani Bailey From: Anthony Mejia Sent: Thursday, February 24, 2022 1:22 PM To: City Clerk Subject: Fwd: Letter to Mayor, Council, City manager Attachments: Feb 24 2022 City Council Mayor Middleton .docx; Bogert mem 4'6 21 jpg; marshall gilbert 12 24 21.pdf Please confirm receipt with the sender. Anthony Mejia City Clerk Begin forwarded message: From: Susan <destoseaproperties@gmail.com> Date: February 24, 2022 at 1:15:00 PM PST To: Lisa Middleton <Lisa.Middleton@ pal mspringsca.gov>, CityManager <CityManager@palmspringsca.gov>, Anthony Mejia <Anthony.Mejia @palmspringsca.gov>, Dennis Woods <Dennis.Woods@ pal mspringsca.gov>, Justin Clifton <Justin.Clifton@palmspringsca.gov> Subject: Letter to Mayor, Council, City manager NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. February 24 2022 TO Mayor Lisa Middleton, City Council members Kors & Woods, City Clerk Anthony Mejia, Justin Clifton City Manager, recipients: The Bogert Sculpture Memorial is a ploy, blame game pawn that former Mayor Holstege drummed up as part of her political ladder climb and as a personal vendetta via her in law who was former Mayor Bono campaign manager. Holstege is pawn to father in law who was conservative radio talk person in the 1980s to stump for Sonny Bono. see news piece where Holstege in law attacked a former council person then got fired. This is a social media political plot by a former mayor to create havoc, division, and inflammation. This is what Palm Springs is NOT about. Therefore this entire matter of both Bogert sculpture removal plus ludicrous tribe property land squatter reparations absurdities. Former mayor caused so much anxt here the past couple of years. All so unnecessary along with her many anxious attention self absorbed, self serving grabs. I can see no real accomplishments as a result of her serving.. seems mostly about pot stirring needlessly. I am grateful for a few level heads prevailing here. See article where Marshall Gilbert (Holstege father in law) got fired for talking about Ginny Foat felon murder case history. Let's say Ginny Foat's, not one but two, cases of being part of crimes, murders, as alleged are easy to find to read about on the internet. Back to today... Please reply to confirm receipt. It is time for this issue to be changed, tabled, closed. This and the other inept issue of stepped down, mayor. Do you seriously think it is okay to remove Bogert sculpture? Why does this council continue to make inept, aberrant decisions? It is time to actually listen to the majority of citizens. The fact that the tribe made a decision to develop their sovereign property, land they owned. The temporary service people did not own it. You cannot and must not give away public funds under non legal property rights... the 351 families of two or more whites, nor 115 families of poc had t �t4 1:211 C, CIS m V,41a - TTEM NO. ownership of the land! There were no real property rights on tribe land. The families who chose to rent there or squat there all knew it was tribe dirt. Even today tribe land leases on R-1 zone homes in existence since the 1970s have to give up their houses at the end of land lease... just read the C.C. & Rs of record. This city nor the tribe will be obliged to pay reparations. The blend of historical markers is shown in many places in the city. El Mirador tower, Cornelia White homestead of railroad ties, Kennedy sculpture court house, Bono sculpture fountain. I do not know why the City Council today fails to close this matter. Instead reparations shows going out over next two years as a City Council agenda "visionary". It is now time that you close both the Bogert and the tribe land reparations. May I ask that you focus on real issues in the city. There are so many. The citizens of palm springs will not agree to millions of dollars attributed to such on either Bogert sculpture nor 466 families being asked to leave tribe sovereign property. The tribe is not going to pay for this City Council making such an inept proposal either. Does the current city council think the tribe or citizens will go along with tribe land reparations? It is time to close this now, stop the illogical, incompetent proposal... take it all off the city agenda matters. Put a stop to all of this before it truly gets litigious. In this local matter the City Council to support a reparations agenda appears to be an illegal use of public funds. This will necessitate legal actions. And we may see another FBI or attorney general litigation. I suggest dropping both issues now, make apologies, move forward in peace, table both Bogert & tribe sovereign land rights with no reparations for tribe rights to build on their property! I I Thank you. Susan Susan Smith, Resident since 1957 2 Tiffani Bailey From: Dick <dtaylor@wmsprods.com> Sent: Wednesday, February 23, 2022 9:07 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Dick Taylor 92262 2. �2A -2 uZ2 cubli c c0YVxw4*4- 11NMNO 5Ci Mani Bailey From: desiree <mail@desireeotero.com> Sent: Wednesday, February 23, 2022 9:24 PM To: City Clerk Subject: Please Don t Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, desiree otero 92262 2.2L(-2o2Z Pub i; r, towtwrKJ- Tiffani Bailey From: Arlene <arlene@sandlerandyoung.com> Sent: Wednesday, February 23, 2022 10:23 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Arlene Young 92264 S. Zq - Z o Z'Z ?ru It G U VY vW a44- TITM NO. JG Tiffani Bailey From: Linda <nvrflyn@aol.com> Sent: Wednesday, February 23, 2022 10:31 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Linda Tullo 92264 f LJblj (, [.M&A� ITEM N0. 'J C. Mani Bade From: Richard <dtaylor@wmsprods.com> Sent: Wednesday, February 23, 2022 10:33 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall_ Respectfully, Richard Taylor 92262 Z.2-q.20ZZ b � Vt t G U Mwtet4, ITEM NO. �i . Tiffani Bailey From: Judson <linda@advantageofficesuites.com> Sent: Thursday, February 24, 2022 1:29 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Judson Ball 85255 2•7,q-Z0'z2 f wb W (, "mW,--R� �ITEMNO- _ _ �. Tiffani Bailey From: andy hollinger <andyhollinger@mac.com> Sent: Thursday, February 24, 2022 4:21 PM To: City Clerk Subject: stick to the facts on the Bogert statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Please include the email below for public record for tonight's City Council Meeting Dear City Council — After following this bad faith attack on Frank Bogert over the past year, I was reminded of an article 1 read in the Desert Sun last year related to another statue controversy — that of Marilyn Monroe. There are many parallels between the two statue controversies. A Valley Voice guest column (link below) written by Architectural Historian and author Steven Keylon, highlighted numerous falsehoods written in another guest column by two current councilmembers. These council members' guest column was titled "Let's have a respectful debate over 'Forever Marilyn' — and stick to the facts." Ironically though and despite the title of the column, the column itself was inaccurate and misrepresented key facts related to Monroe's life story. This misrepresentation of Monroe's ties to the city served as the council's basis for the placement of the statue on Museum Way, which prompted a petition from more than 40,000 objectors. Indeed, Mr Keylon stated that the councilmembers' column was "short on facts" and that they had a "simplistic interpretation" of Monroe's life story. He concludes his column by saying that the placement of the statue "was a wrong decision made without much public debate or interaction." Making a wrong decision about a statue without much public debate and justifying its placement (or removal) based on a distorted view of historical facts is exactly what's taking place with the Bogert statue. The council's basis for removing the statue, a defamatory and dishonest HRC report, was thoroughly discredited and many members of the community feel like their voices are being ignored by city officials. With that said, I urge this city council to: Learn from the mistakes made throughout the Forever Marilyn fiasco and its resulting divisive effect on the community. "Stick to the facts" when it comes to any decision related to the Bogert statue. Truly take the time to learn about Section 14 and reach out all related parties to educate yourselves on the events in question. Encourage good faith and honest debate on the statue's location and truly listen to the countless supporters of Bogert's who have spoken up against the politically motivated and dishonest attacks on him. As a long time resident of this community, I worry that the legacy of this city council will be spending time on two unnecessary and divisive statue controversies while much more important issues are neglected. 1 -k2.' 2q•U 1 G MM NO. F�%r Thank you, Andy Hollinger Valley Voice: What Palm Springs council members pot wrong about Marilyn Monroe's life Tiffani Bailey From: City of Palm Springs<palmspringsca@enotify.visioninternet.com> Sent: Thursday, February 24, 2022 4:22 PM To: City Clerk; Anthony Mejia Subject: *NEW SUBMISSION* Submit Public Comment to the City of Palm Springs NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Submit Public Comment to the City of Palm Springs Submission #: 1492892 IP Address: 192.243.68.149 Submission Date: 02/24/2022 4:21 Survey Time: 15 minutes, 47 seconds You have a new online form submission. Note: all answers displaying "*****" are marked as sensitive and must be viewed after your login. Full Name/Nombre Tim Scott City of Residence/Ciudad de residencia Riverside County unincorp, Phone (optional) /Telefono (optional) Email (optional/optional) timascott@yahoo.com Your Comments/Sus comentarlas I'd like to comment on the continued use of fireworks at events in the city of Palm5prings. As a 20 year resident of both the city of Palm Springs and the larger community, fireworks have always been a family oriented draw to special events like parades and baseball games. It would be a shame to exclude current and future children from the fun and wonder of the show. I have been at events, notably the 4th of Julyr where many persons I spoke with were there specifically for the fireworks. Some make a weekend trip of it. As a result, Palm Springs is more vibrant with additional tax revenue and goodwill in the community. Thank you, City of Palm Springs This is an automated message generated by Granicus. Please do not reply directly to this email. '2. 2.4 - usz, lbw 191, C. CC) UnrrJ44- rmm NO. L4 14 FRANK BOGERT (1910-2009) When former Palm Springs mayor Frank Bogert passed away in March 2009 at the age of 99, the news reverberated, as might be expected, throughout his longtime desert home. Yet the story quickly transcended the bounds of the Coachella Valley and was picked up across the country in such outlets as the Los Angeles Times, Chicago Tribune, Philadelphia Inquirer, Tampa Bay Times, and even in smaller places like Manhattan, Kansas; Lancaster, Ohio and Monroe, Louisiana, among others. The unprecedented attention given to what might otherwise have been considered merely "local" news was a tribute not only to the man himself, but to his beloved Palm Springs as well. From the time Bogert literally rode horseback into the village in 1927 to the time of death in the 21" century, Palm Springs had risen from a sleepy little hamlet into one of the world's most famous resort destinations. And Frank Bogert was no idle witness to this phenomenal transformation; he was one of its driving forces. Bogert first arrived in Palm Springs while still in his teens, coming down from nearby Wildwood to offer trail rides into the scenic canyons for a $1 a trip. The ruggedness of the little desert outpost combined with an ever-increasing flow of interesting visitors and residents appealed to Bogert's love of the outdoors and his love of people and he decided to stick around. Bogert and Palm Springs would grow and prosper together from adolescence into maturity with both benefiting from the association. Over the following decades, Bogert would immerse himself so deeply in virtually every aspect of village life they become synonymous with one another. There was scarcely anything Bogert did not get involved with. He continued his lifelong association with horses, ultimately being one of the founders of the Desert Riders, mastering horsemanship and possessing a second -to -none knowledge of the many trails into and around the entire valley and beyond. He had a long association with the pioneering Rogers Stables, the Field Club and Polo Grounds, and was later president of the Desert Turf Club, which aimed to bring quarter -horse racing to the desert. Bogert's movie -star looks, imposing figure and engaging personality, made him extremely popular with fellow locals and a draw with visitors staying at such exclusive resorts as the Desert Inn and the El Mirador. He became a de facto symbol of the resort, unofficial ambassador, and its biggest booster. Bogert saw endless wonder in Palm Springs and did all he could to share what he loved with the outside world. Gaining a job as publicity director of the famous El Mirador Hotel, Bogert not only greeted famous guests, he photographed them as well and his images of celebrities, society figures, politicians, business barons, or just regular tourists, were often published in papers nationally and internationally, bringing attention and luster to a resort scarcely heard of only a decade before. Bogert was considered such an asset as a promoter, there was much demand for his services among the hotels and clubs. Bogert was even hired to serve as manager of the Racquet Club even though he did not play tennis. He did play golf, however, and promoted the game throughout his life, serving for a time as vice president and general manager of the Palm Springs Golf Club. 2.2•Li-20-z`Z - pUMI�& c.oyHh,«,�„� YrF-m No. 5 C Bogert was one of the founders of the Thunderbird Country Club, which he oversaw as manager during the 1950s. He later took on the same role when his friends Desi Arnaz and Lucille Ball asked him to manage their Western Hills Hotel. All the while he was busy in various resort management and business ventures, Bogert was a mainstay in Palm Springs' glamorous social world, appearing at the many gatherings held throughout the season. Often, Bogert was called upon to emcee events, and was renowned for his sense of humor and sharp wit. And he never neglected a chance to help with charitable causes, including the March of Dimes, Red Cross, Sister Kenny Foundation, and Chinese war relief, among many others. In 1958, Bogert took on one role he had avoided over the years politics — when he ran for, and won, a seat on the Palm Springs City Council. He was quickly chosen as mayor by the council. Bogert would serve as mayor from 1958-1966 and again from 1982-1988, guiding it through periods of growth and change. It was a period when minorities were deservedly fighting for their rights. Bogert had long been a friend and champion of minority rights in Palm Springs with a long history of warm friendships with members of the African -American and Mexican communities and members of the Agua Caliente Tribe of Cahuilla Indians. Throughout his time both in and out of public office, Bogert did what he could to help improve the lives and opportunities for minority citizens. He appointed the very first African -American, Charlie Jordan, to city office, launching Jordan's spectacular career in recreation and politics. He also fought for the construction of low-income housing throughout the city to help ease costs and housing shortages among minority residents. And, he traveled to Washington D.C. with the very first all -female Agua Caliente Tribal Council to successfully lobby for long term leases on Indian lands. Throughout his double terms in office, Bogert would be seen regularly in the press, usually in western wear and bolo tie, greeting world leaders, royalty and American presidents like Eisenhower, Kennedy, LBJ, and Ronald Reagan. By this time, he had become such a recognized figure in the desert he earned the moniker of Palm Springs' "Cowboy Mayor," a living legend, and symbol of the spirit of the village. A master story -teller, Bogert in his later years turned his memories and love of Palm Springs into book form, authoring two books, Palm Springs: The first 100 Years and View From the saddle: Characters Who Crossed My Trail. Bogert continued to be a revered and beloved figure in Palm Springs all the way up to his death in 2009. In its long history, Palm Springs has had more than its share of colorful characters and those who have helped turn the resort into what it is today, but there was no one quite like Frank Bogert and never will be again. He was both the physical and spiritual embodiment of what Palm Springs means to residents and visitors alike. Bogert earned numerous monikers during his long and active life, but the most appropriate may have simply been, "Mr. Palm Springs," a fitting sobriquet which encapsulated the connection between Bogert and the village he loved. By Steve Vaugh Sources Consulted include: Desert Sun Los Angeles Times Palm Springs Life Chicago Tribune News -Star (Monroe, LA) Lancaster (OH) Eagle -Gazette Philadelphia Inquirer Tampa Bay Times Palm Springs: The First 100 Years by Frank Bogert Palm Springs: Why I Love You by Tony burke Tiffani Bailey From: Llubi Rios Sent: Thursday, February 24, 2022 5:27 PM To: City Clerk Subject: FW: Follow Up Flag: Follow up Flag Status: Flagged Public comment - From: Renee <reneeps1953@gmail.com> Sent: Thursday, February 24, 2022 8:25 AM To: Llubi Rios <Llubi.Rios@palmspringsca.gov> Subject: NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Sent from Mail for Windows Renee Brown <pshsrenee a@gmail.com> to Lisa The City Council has not done their homework. I have researched the issue of the clearing of houses in Section 14 with primary sources and Desert Sun articles that were articles on city council meetings that were held the day prior to the article. BIA set eviction deadlines Deputy Sheriffs served evictions • Article in 1961 Desert Sun stating that Frank Bogert and Ted McKinney (city councilmen) ordered a moratorium while they worked with federal representatives from FHA, Bank of America (ready to fund construction) and contractor to provide 85 homes $500 down $70 per month 2 bedroom 8,500, 3-bedroom 9,500. Based on $400 per month income. I tried to get building permits for those houses from the planning department, but they were not able to provide. This would have housesd 55% of Section 14 residents. They were also working on a plan for no down payment and 40 year loans for the rest. PS Police and Firemen were paid by conservators and tribal members not represented by conservators for cleanup of Section 14 Letter from Tribal Chairman Siva thanking City of PS for clearing Section 14. • Quote by Vyola Ornter in her book "You Can't Eat Dirt" "It had nothing to do with color. This was the first time that we have been able to develop our land." {�iAA-- ��,(. CA.>VV,\ ITEM NO. C-)G My suggestions for the City Council 1. Not one of you came and researched documents available in the archives of the Palm Springs Historical Society. You are all going on a report that was plagiarized from a dissertation of a student from UC Irvine and an Attorney General report. I am disappointed in your leadership. 2. Please do not waste my tax dollars moving the statue 3. Invest in the Desert Highland and the Crossley Tract neighborhood by providing funds so that members of that community can do much needed repairs to their homes. They are being gentrified and families are losing homes that were owned by their parents and grandparents. This should be done not as reparations but as an investment in our working-class neighborhoods. 4. Permit a grocery store and other commercial ventures along Indian Canyon. 5. Quit holding an "Apprentice" like application process for Measure J funds. Take that money and invest in hiring more downtown maintenance workers and adding money into the pension accounts. 61imit str to keep some kind of rental market alive for workers who now have to drive in from DHS and other CV cities. City employees cannot afford to live in PSI 11 STR artificially inflated housing prices. Renee Tiffani Bailey From: Judson<linda@advantageofficesuites.com> Sent: Thursday, February 24, 2022 1:29 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Judson Ball 85255 2- "Lu • Un'22 � 1 G t b'vn i�►�' Tiffani Bailey From: Richard <dtaylor@wmsprods.com> Sent: Wednesday, February 23, 2022 10:33 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Richard Taylor 92262 2 Zy- 20 2Z PGb1i (� UImMtAN-V ITEM NO. Tiffani Bailey From: Linda <nvrflyn@aol.com> Sent: Wednesday, February 23, 2022 10:31 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Linda Tullo 92264 "Z-� V1/b 1. � G Gty ►�n f�►r�e-ram-' mm 11� ©. 5 c-1 Tiffani Bailey From: Arlene <arlene@sandlerandyoung.com> Sent: Wednesday, February 23, 2022 10:23 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Arlene Young 92264 `2•Zy`2o22 VVVIA; Tiffani Bailey From: Dick <dtaylor@wmsprods.com> Sent: Wednesday, February 23, 2022 9:07 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, I ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, Dick Taylor 92262 Z-24 - 2U Z�Z- VIA)bVu UVAWUA,�- TTHM No. —5 G Tiffani Bailey From: desiree <mail@desireeotero.com> Sent: Wednesday, February 23, 2022 9:24 PM To: City Clerk Subject: Please Don't Remove Frank Bogert's Statue i NOTICE: This message originated outside of The City of Palm Springs -- DO NOT CLICK on links or open attachments unless you are sure the content is safe. Dear Board members, ask the City of Palm Springs to leave Frank Bogert alone and maintain the Frank Bogert Statue at Palm Springs City Hall. Respectfully, desiree otero 92262 OLZP ITEM 1d0.