HomeMy WebLinkAboutItem 3BFrom:City of Palm Springs
To:City Clerk; City Clerk
Subject:*NEW SUBMISSION* Submit Public Comment to the City of Palm Springs
Date:Thursday, March 9, 2023 9:21:00 AM
Submit Public Comment to the City of Palm Springs
Submission #:2292762
IP Address:75.85.214.89
Submission Date:03/09/2023 9:20
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Jeffrey Mauk
City of Residence/Ciudad de residencia
Palm Springs,
Phone (optional) /Teléfono (opcional)
4155334614
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Your Comments/Sus comentarios
Why I am opposed to using city revenue for THIS particular art installation on private property: 1. The proposed art,
while unique in addressing the current environmental impact of decommission windmill blades, is simply a huge “bill
board” advertisement for the private businesses located there. 2. The recommended site, moved from a fenced off,
less accessible area, to a more (freeway) visible, accessible area will be easily accessible to graffiti taggers to
“advertise” their tags to I-10 motorists. Thus becoming a visual eyesore as one enters the PS area. 3. Being on
private property, the city will have no control over the timeliness of graffiti abatement (if done at all). 4. If these
business entities cannot even afford to produce their own “advertisement art”, how will they afford to maintain it
and keep it graffiti free? PS tax payers should not fund this private property billboard disguised as art.
Thank you,
City of Palm Springs
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03/09/2023
Public Comment
Item 3B
Lastly, we currently have nine projects that have been approved by PSPAC and have
been waiting for council approval since January. Most of these are small efforts initiated
by communities throughout the city representing Demuth Park, Old Las Palmas, and the
OnePS picnic, as well as broader city initiatives like Illuminate PS, Desert X, public art in
the airport, and a major piece along Tahquitz Canyon Way.
The WinTec program came to our attention at our February 15th meeting and it already
has city staff’s attention and a place on Council’s calendar. Every one of the mentioned
PSPAC programs has stakeholders, including small community groups, waiting for final
approval so that we can fund their programs.
I hope they receive the same immediate attention as this initiative.
Gary Armstrong
Vice Chair, Palm Springs Public Arts Commission.
03/09/2023
Public Comment
Item 3B
March 6, 2023
Brenda Pree, MMC
Palm Springs City Clerk
3200 East Tahquitz Canyon Way
Palm Springs California
92262
Brenda:
I read the staff report regarding the recommendation to move forward with the WinTec
project which the Palm Springs Public Arts Commission (PSPAC) unanimously denied
on February 15, 2023.
As Vice Chair of the PSPAC, I understand that the commission embodies an advisory
role for City Council. After reading the staff report, I continue to disagree with the
recommendation and acceptance of the use of funds, but I’m most concerned that the
report justifying their decision contains a document which appears to be falsified or,
being generous, uncorrected human error.
Some background: when the applicants came before our commission, I explained that I
liked their proposed idea, and hoped that it eventually happened, but I didn’t believe it
could be paid for by public arts funds based on previous interpretations of our
ordinances.
When it was apparent that the commission had unanimous issues with the proposal,
and prior to voting “no,” I even offered to have WinTec return after amending their
proposal to meet our concerns. Their response was they wanted an up or down vote
because they already intended on going to council. The appearance before our
commission seemed to be pro forma, at best.
Of concern, the letter included in the staff report (screen grab below) was, to my
knowledge, NEVER sent to the Arts Commission on the listed date, if at all.
In fact, on the date of the letter, Russell Pritchard was NOT Chair. He was voted in as
Chair at our July 15th meeting. Chair Tracy Merrigan was still on the commission as of
June 15, 2022 and yet she is not listed on the commission, if the letter was indeed sent
at that time.
I’m not sure how this error happened—again, I assume this was a simple mistake—but
as entered into City Council’s record this seems to be an inaccurate representation of
the dialogue with our commission, particularly regarding a return of public funds.
As the date is wrong, the staff report should’ve indicated that the letter was in error as
opposed to falsely indicating PSPAC was aware of this project prior to our meeting three
weeks ago. I assume that city staff has a record of when the original document was
received.
03/09/2023
Public Comment
Item 3B
From:Ann Sheffer
To:City Clerk
Cc:Grace Garner; Jeffrey Bernstein; Ron deHarte; Christy Holstege; Lisa Middleton; Russell Pritchard; Gary
Armstrong
Subject:Legislative Item B on March 9
Date:Thursday, March 9, 2023 6:48:29 AM
Attachments:Proposed Updates to Public Arts Ordinance.pdf
Developer agreement.pdf
Exhibit C -PAC Mission.pdf
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: City Council for March 9 meeting
From: Ann Sheffer
As a former Chair of the Public Arts Commission I was dismayed to read the
Council item requesting waivers for requirements for Desert Peak Energy for
reimbursement of $375,000 in public art fees.
Despite 38 pages of reports and comments, discussing the merits of the proposal,
granting a waiver would be abrogating the role of the Public Arts Commission, and
their efforts to work within a fairly unwieldy ordinance — and dismissive of their
experience in creating and approving art installations in the City.
Instead, I would suggest sending the proposal back to the Public Arts Commission,
with a request that they work with the applicant to design a project that meets the
requirements of the ordinance, while providing guidance in creating a worthwhile
art installation.
The Council will still have to approve the reimbursement after this process, but the
metric should be the merit of the proposal, rather than indiscriminate waivers. And
I do not think it is appropriate for City staff to write a report to Council, including a
sweeping dismissal of the ordinance process, without consulting with the Public
Arts Commission. In fact, I was surprised to see that none of the comments were
from the City Attorney, whose role is critical in interpreting the Ordinance and
reviewing the agreements with developers.
I’m confident that returning the project to the Public Arts Commission will result in
an artistically valid installation that enhances the relevance of public art in the
City — after all, that’s their mission, which they take very seriously.
Note: As background, I’m attaching three papers, which may help you understand
03/09/2023
Public Comment
Item 3B
the role of the Public Arts Commission:
-- a proposal I submitted several years ago, outlining some minor changes in the
language of the Ordinance, but which was never forwarded to the Council
— a copy of the Mission Statement
— the developer agreement required by the City, which clearly states the
requirements for reimbursement
03/09/2023
Public Comment
Item 3B
ATTACHMENT C
Palm Springs Public Arts Commission
Mission Statement
The Palm Springs Public Arts Commission is dedicated to the cultural enrichment of our civic environment in its role as an
advocate for the arts in the City of Palm Springs.
The goal of the Commission is to consciously integrate the arts and culture into the fabric of the city to ensure access to a
growing cultural heritage that enhances the experience of life in Palm Springs for all of our residents and visitors. This is
accomplished through the thoughtful selection, presentation, and support of the arts.
To strengthen the role of the arts and culture in city government, the Public Arts Commission supports and develops arts and
cultural programs that encourage community participation, visitor attraction, economic development, and cultural partnerships
in order to grow the identity of Palm Springs as an innovative and creative community.
Palm Springs Public Arts Commission programs acknowledge the history of our city, complement the beauty of the natural
environment, and reflect the worldwide recognition of Palm Springs as a premier destination.
Adopted June 9, 2016
In addition, the Public Arts Commission has defined its vision and priorities and articulated specific goals for the
plan. These six goals incorporate the combined theme of civic leadership and improved
communications with the community as the fundamental platform upon which more arts activity can take
place in Palm Springs.
The goals are:
1. Raise visibility of arts and culture in Palm Springs.
2. Use arts and culture to encourage community participation and neighborhood
beautification.
3. Use arts and culture to encourage visitor attraction and economic development.
4. Grow and support Palm Springs’ identity as an innovative and creative community.
5. Advance the role of arts and culture in city government by working with other commissions and departments
6. Use art as an educational tool to address social and cultural barriers.
This is accomplished by consciously integrating the arts and culture in the daily life of the people of Palm Springs
through urban development, planning, economic development, and education.
03/09/2023
Public Comment
Item 3B
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
CITY OF PALM SPRINGS
City Clerk
P.O. Box 2743
Palm Springs, CA 92263-2743
Space Above this Line Reserved for Use by Recorder
AGREEMENT FOR PLACEMENT OF ARTWORK ON PRIVATE PROPERTY
AND GRANT OF EASEMENT
This AGREEMENT FOR PLACEMENT OF ART ON PRIVATE PROPERTY
AND GRANT OF EASEMENT (“Agreement”) is entered into as of __________,
2008 by and between the CITY OF PALM SPRINGS, a municipal corporation
(“City”) and _______________________________________________ (“Owner”).
RECITALS:
A. The City has established a Public Art Fee Program which authorizes
the placement of works of art on appropriate private property which encourages
public access and viewing of the artwork.
B. Under the Public Art Fee Program, artwork may be provided or an “in
lieu” fee may be paid.
C. Owner desires to commission a work of art and have such work of
art placed on its property in accordance with this Agreement and the City of Palm
Springs Public Art Program as established by Chapters 2.24 and 3.37 of the Palm
Springs Municipal Code (“Public Art Ordinance”).
NOW THEREFORE, to comply with the requirements of the Public Art
Ordinance, and for good and valuable consideration, the parties hereto hereby
agree as follows:
1. City Representative. The City Manager, or his designee, a Contract
Officer of the City (“City Manager”), shall be the City’s designated representative
with respect to this Agreement. Under the direction of the City Council, the City
Manager shall have the authority to give approvals or consents required hereunder
and to otherwise act on behalf of the City for purposes of this Agreement.
2. Agreement to Commission Work of Art. Owner has commissioned a
work of art described as ______________, and shown on Exhibit “A” (Artwork).
Owner is solely responsible with respect to the contract entered into for the
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commissioning of the Artwork (“Contract”) including responsibility for all payments
to be made thereunder.
3. Duties of Owner. The Owner owns certain property (“Property”)
generally known as __________________, as shown on Exhibit “B” (“Site”)
attached hereto and incorporated herein. The Owner has agreed to permanently
locate the Artwork on a portion of the Owner’s property which portion is generally
depicted and described as the Site on Exhibit “B”. Owner shall provide for the
installation of the Artwork on the Site at its sole cost and expense, including,
without limitation, constructing any improvements necessary for displaying the
Artwork.
4. Default.
(a) Cure Rights. In the event of any default or breach of any of
the covenants or conditions contained in this Agreement by Owner, City shall have
all rights and remedies permitted at law or in equity including, without limitation,
the remedy of specific performance. Additionally, in the e vent that Owner has not
cured any curable default hereunder within thirty (30) days after written notice from
City of such default, City shall have the right to cure such default and charge
Owner with the cost thereof, including all costs incurred in conne ction with
enforcing this Agreement or in collecting such amounts from Owner.
(b) Location and Removal of Artwork. The Artwork shall not be
removed from the Site without the prior written approval of the Commission, which
approval may be withheld in the Commission’s sole and absolute discretion. In
addition to any other remedies provided herein, in the event that the Artwork is
destroyed, removed from the Site or improperly maintained by Owner, the
Commission may either require the Owner to (i) pay the art in lieu fee as set forth
in Section 7 below to City or (ii) replace the Artwork with substitute Artwork of a
comparable quality and value as determined in the sole discretion of the
Commission.
5. Identification. The Artwork shall be identified by a plaque stating the
artist’s name, the title, the date the Artwork was completed and stating that the
Artwork was funded through the City of Palm Springs Public Arts Program. The
plaque will be placed in an appropriate location near the Artwork that facilitates
viewing by the public.
6. Ownership. Upon the acceptance of the Artwork and payment
therefor, the Artwork and all rights thereto shall be conveyed by Artist to Owner.
The Artwork shall remain the property of the Owner, provided, however, that the
Owner shall transfer ownership of the Artwork to any successor in interest of the
Site.
7. Refund of Purchase Price. The City shall reimburse the Owner, an
amount equal to the lesser of; (i) the actual amount paid by Owner to the Artist
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under the Contract; or (ii) the amount previously paid by Owner to the Public Art
Fund. The amount to be refunded shall not exceed the amount paid into the
Public Arts Fund by the Owner. The Owner’s request for reimbursement shall be
submitted only after the Artwork is installed and approved by the Public Arts
Commission. The request for reimbursement shall be in writing and include (i) a
copy of the permits set forth in Exhibit “C” attached hereto (“Permits”) clearly
showing the art fee and (ii) a copy(s) of the invoice Exhibit “D” attached hereto
(“Invoice”) paid to the Artist and related subcontractors if any.
8. Grant of Public Access Easement. _________________(Owner)
hereby grants and conveys to the City of Palm Springs a perpetual nonexclusive
easement in gross over and across the Site for purposes of displaying the Artwork
and allowing the public access to the Site to view and enjoy the Artwork at
reasonable times and in a reasonable manner (“Easement”).
9. Maintenance. Owner shall provide all maintenance necessary as
recommended by the artist with respect to the Artwork to preserve such Artwork in
first class condition. Owner agrees to maintain the access paths, landscaping and
other improvements to the Site in first class condition. Owner shall repair and/or
replace any damage to the Artwork within fourteen (14) calendar days of such
damage being discovered. In the event any graffiti is discovered on the Artwork,
owner shall remove such graffiti on the day it is discovered. So long as the
Artwork remains on the Site, Owner shall keep , maintain, repair and replace the
Artwork in a good, clean and first class condition and of the highest quality.
Materials used to restore, repair or replace any portion of the Artwork shall be of
equal or better quality than the original materials used in the Artwork. When
necessary, Owner shall consult the artist or another competent Artwork
conservationist or restoration specialist to determine the best methods of such
restoration or repair. All such maintenance, repair, replacement and restoration
shall be at the sole cost of Owner. In addition to all other remedies provided by
law, in the event the owner fails to maintain the Artwork, upon reasonable notice,
the City may perform all necessary repairs, maintenance or secure insurance, and
charge the Owner for the costs therefor. In the event the Owner fails to reimburse
the City for the reasonable costs thereof after reasonable notice, the City may
assess its costs against the Property and establish a lien to be collected in the
same manner as nuisance abatement liens pursuant to Section 11.72.265 of the
Palm Springs Municipal Code.
10. Compliance with the Law. Owner hereby agrees to comply with all
applicable statutes, ordinances, orders, laws, rules and regulations, and the
requirements of all federal, state and municipal governments and appropriate
departments, commissions, boards and offices thereof, which may be applicable to
the display of Artwork on the Site or to the use or manner of use of the Site.
Without in any way limiting the foregoing, Owner agrees to comply with The Visual
Artists Rights Act of 1990 (17 U.S.C. 101, et seq.).
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1003/029/28303.02
11. Insurance. Owner shall procure and maintain, at its sole cost and
expense, in a form and content consistent with industry standards, with an insurer
qualified to do business in California and rated “A” or better in the most recent
edition of Best Rating Guide with a financial class category of Class VII or better,
unless such requirements are waived by the Risk Manager of the City, during the
entire term of this Agreement and at all times while the Artwork is located on the.
Site, the following policies of insurance:
(a) Comprehensive General Liability Insurance. A policy of
comprehensive general liability insurance together with a Broad Form CGL
Endorsement and insuring against contractually assumed liability which shall
specifically insure Owner’s indemnity obligation under Section 12 below. The
policy of insurance shall have a combined single limit liability of One Million Dollars
($1,000,000.00).
(b) Workers’ Compensation Insurance. A policy of Workers’
Compensation Insurance in an amount as would fully comply with the laws of the
State of California and which shall indemnify, insure and provide legal defense for
both Owner and the City against any loss, claim or damage a rising from any
injuries or occupational hazards or diseases occurring to any worker employed by
or any person retained by Owner in the course of carrying out the obligations of
this Agreement.
(c) Fine Arts Insurance. Owner shall procure and maintain fine
arts insurance on the Artwork an all risk form with limits not less than
____________________ and a deductible not to exceed ONE THOUSAND
DOLLARS ($1,000.00) for each loss. The payment of any deductible amount shall
be the responsibility of Owner
All of the above policies of insurance shall be primary insurance and shall name
the City, its officers, employees and agents as additional insureds. The insurer
shall waive all rights of subrogation and contribution it may have against the City,
its officers, employees and agents and their respective insurers. All such policies
shall provide that such insurance may not be amended or canceled without
providing thirty (30) days written notice by registered mail to the City. Cancellation
clause shall read “SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE
CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY SHALL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE
HOLDER NAMED TO THE LEFT”. In the event any of such policies are
canceled, Owner shall, prior to the cancellation date, submit new evidence of
insurance in conformance with the requirements of this Section 11. Owner shall
provide the Commission with Certificates of Insurance evidencing the insurance
coverages and policies required hereunder. Owner agrees that the existence of
any insurance shall not limit or otherwise affect Owner’s obligations under this
Agreement.
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1003/029/28303.02
In the event the Risk Manager of City determines that the work or services
to be performed under this Agreement creates an increased or decreased risk or
loss to the City, the Owner agrees that the minimum limits of the insurance policies
required by this Section 11 may be changed accordingly upon receipt of written
notice from the Risk Manager, provided that the Owner shall have the right to
appeal a determination of increased coverage by the Risk Manager to the City
Council of City within 10 days of receipt of notice from the Risk Manager.
12. Indemnification. Owner hereby agrees to Indemnify, defend and
hold harmless the City, its officers, agents and employees from and against any
and all actions, suits, claims, damages, losses, costs, penalties, obligations,
errors, omissions or liabilities (collectively “Claims or Liabilities”) arising out of or in
any way connected with any act, omission or negligence of Owner, Its agents,
employees or contractors, or from the existence of the Artwork on the Site, or
related to this Agreement, including, without limitation, bodily injury to or death of
persons, injury or damage to property and attorneys’ fee s, but excluding such
Claims or Liabilities resulting solely from the willful misconduct of the City, its
officers, agents, representatives or employees who are directly responsible to the
City.
13. Rights to Artwork. All copyrights to the Artwork shall be transferred
to the Owner together with the Artwork. Artist and Owner shall share copyright to
the Artwork with the City in accordance with the terms and conditions set forth in
Exhibit “D” attached hereto (“Copyright Agreement”).
14. Mortgage Protection. No violation of this Agreement shall defeat or
render invalid the lien of any mortgage or deed of trust given in good faith and for
value. All of the covenants and conditions contained herein shall be binding and
effective against any party whose interest is derived through foreclosure, trustee
sale, deed in lieu of foreclosure or otherwise provided, however, that any
mortgagee or beneficiary who takes title to the Site pursuant to foreclosure or
deed in lieu of foreclosure or any purchaser at a foreclosure or trustee sale shall
take title free of any claims against Owner arising under this Agreement which
became due and payable prior to the date such mortgagee, beneficiary or
purchaser takes title hereto.
15. Successors and Assigns. The obligations of Owner under this
Agreement shall be binding on Owner’s successors and assigns and shall burden
the Site and shall run with the land and be binding upon all successors and
assigns acquiring any right, title and interest in and to the Site.
16. Attorneys’ Fees. In the event that any action or proceeding is
instituted for the interpretation or enforcement of this Agreement, the prevailing
party in such action or proceeding shall be entitled to recover from the other party,
all costs and expenses related to such action or pro ceeding, Including, without
limitation all attorneys’ fees and expert witness fees, both at trial and on appeal.
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1003/029/28303.02
17. Integration. This Agreement and other documents expressly
incorporated herein by reference contain the entire and exclusive understanding
and agreement between the parties relating to the matters contemplated hereby
and all prior or contemporaneous negotiations, agreements, understandings,
representations and statements, oral or written, are merged herein and shall be of
no further force or effect.
18. Modifications. Any alteration, change or modification of or to this
Agreement, in order to become effective, shall be made by written instrument or
endorsement thereon and in each such instance executed on behalf of each party
hereto.
19. Counterparts. This Agreement may be executed in counterparts
which, when taken together, shall constitute one executed document as though all
signatures appeared on one copy.
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1003/029/28303.02
IN WITNESS WHEREOF, the parties have entered into this Agreement as
of the date first above written.
“OWNER”
a : _________________________
By:_________________________
Its: _________________________
“CITY”
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
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Item 3B
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1003/029/28303.02
EXHIBIT “A”
(Artwork)
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EXHIBIT “B”
(Site)
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EXHIBIT “C”
(Permits)
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Exhibit “D”
(Invoice)
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1003/029/28303.02
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On __________, ____, before me,
_____________________________________,
personally appeared ______________________________________________,
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
(SEAL)
03/09/2023
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Item 3B
EXHIBIT “E”
Page 1 of 2
1003/029/28303.02
EXHIBIT “E”
COPYRIGHT AGREEMENT
This COPYRIGHT AGREEMENT (“Agreement”) is entered into as of
___________________, ____ by and between the CITY OF PALM SPRINGS, a
municipal corporation (“City”), __________________ (“Artist”) and
_________________, (“Owner”).
Owner has commissioned a work of art (“Artwork”) created by the Artist and
more particularly described in that certain Agreement for Placement of Art on
Private Property and Grant of Easement dated _______________, 200__, by and
between the City and Owner (“City Agreement”). Artist hereby acknowledges the
City Agreement. Artist has delivered the completed Artwork to Owner and Owner
has accepted the Artwork.
Pursuant to the City Agreement, Artist has transferred all rights under
applicable copyright laws to the Artwork to Owner. Art ist and Owner hereby agree
to share copyright to the Artwork and hereby transfer, convey and assign to the
City the right to make reproductions, photographs and other two dimensional, less
than full-scale, non-exact reproductions of the Artwork for both commercial and
non-commercial purposes.
The Artist warrants that the work is unique and a single -edition, and that the
Artist will not execute or authorize another to execute another work of substantially
the same design as the Artwork. The covenants and wa rranties of the Artist shall
be binding on the Artist’s heirs and assigns.
Due to the nature of the Artwork and the Site on which it is to be placed and
the public interest of the City, Artist and his/her agents, heirs, successors and
assigns hereby waive any and all rights they may have under the California Art
Preservation Act, as set forth in California Civil Code Section 987. The Artist,
his/her agents, heirs, successors and assigns also agree to attempt to defeat this
waiver by cooperating with any other person or organization which seeks to bring
an action under California Civil Code Section 989.
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Item 3B
EXHIBIT “E”
Page 2 of 2
1003/029/28303.02
IN WITNESS WHEREOF, the parties have entered into this Agreement as
of the date first above written.
“OWNER”
a
By:
Its:
“ARTIST”
(Name of Artist Here)
“CITY”
CITY OF PALM SPRINGS,
a municipal corporation
ATTEST:
By: By:
City Clerk City Manager
APPROVED AS TO FORM:
By:
City Attorney
03/09/2023
Public Comment
Item 3B
To: City Attorney, City Manager
Re: Requested updates to Public Arts Ordinance
Excerpted from the Public Arts Ordinance:
Powers and Duties of the Public Arts Commission:
Section 2.24.050 Establish policies and procedures for successful implementation of the arts
program such as, but not limited to: selection process of artworks; handling of public controversy;
public involvement; economic impact; on-going maintenance of artwork; removal of public art;
relationship of program to other City programs.
Summary of Policies and Procedures -- Requested edits in blue
n City Council approval required for expenditures over $25,000
City Manager may approve any contract under $25,000, regardless of type of expenditure
The Public Arts Commission may approve mini-grants not to exceed $5000, which do not
require contracts, and which may be paid to individuals or organizations.
n Temporary art installations initiated by the Public Arts Commission (including murals*) of
less than $25,000 do not require City Council approval but may require a temporary use
permit; ‘temporary’ art may be installed for a period of one year or less, after which the
Public Arts Commission must review and assess the condition before renewing the
approval.
n The Public Arts Commission may contract for services by artists, arts service organizations
or businesses for the creation, maintenance, or restoration of art belonging to the City, or
on private property with the permission of the owner.
n *We have also requested that the procedures of the Mural Ordinance be suspended for
mural projects of less than $25,000 if initiated and/or approved by the Public Arts
Commission for a period of one year or less.
-3-
03/09/2023
Public Comment
Item 3B
Excerpts from the Public Arts Ordinance
Proposed Edits Shown in Red:
2.24.050 Powers and Duties of the Commission. Within the limitations provided by law,
the Public Arts Commission shall have the following powers and duties:
(1) Establish a schedule of regular meeting times.
(2) Be responsible for a Palm Springs Public Arts Program including policies and
guidelines, oversight of development of art projects and maintenance of art
collection.
(3) Unless otherwise directed by the City Council, give approvals or consents
required hereunder where actions requiring expenditures from the Public Arts
Fund do not exceed $25,000. Expenditures in excess of $25,000 shall require
Council approval.
(4) Obtain Council approval for all contracts for commission of, and maintenance for,
permanent works of art that exceed $25,000 in value. in any amount. Under the
direction of the Council, the Commission will act to see that the terms of any
agreements are carried out.
(5) Identify and resolve fundamental issues Establish policies and procedures for
successful implementation of the arts program such as, but not limited to:
selection process of artworks; handling of public controversy; public involvement;
economic impact; on-going maintenance of artwork; removal of public art;
relationship of program to other City programs.
(6) Establish a review mechanism for acquisitions temporary art installations by
commission, purchase, gift or extended loan.
Temporary art installations maybe be approved for up to one year, after which
the Public Arts Commission may approve it as a permanent installation, subject
to approval by the City Council.
(7) The Public Arts Commission may establish procedures for mini-grants,
contractual services, matching grants, and programs with other City department
(8) Designate proposed or eligible public arts locations and sites on either publicly or
privately owned property;
(9) Determine the type of artwork or medium desired for a particular site; (10)
Encourage collaboration with artist(s), architects and planners in the early design phase
of a project to ensure a totally integrated solution where public art is proposed for a new
project;
(11) Establish management policies for documentation, registration, maintenance and
conservation of all artwork;
(12) Development a public information program;
(13) Provide grants or loans to fund public education concerning art, but funded solely
through private donations or endowments, and not from any funds collected pursuant to
Section 3.37.070 of this code;
(14) Act in an advisory capacity to the planning commission for review of works of art that
are privately funded in private property that can be seen from the public right-of-way.
(Ord. 1479 § 1, 1994)
03/09/2023
Public Comment
Item 3B
DESERT PEAK ENERGY
WINTEC ENERGY
PUBLIC ART PROPOSAL
RENEWAL ENERGY HISTORY
THROUGH AN ART AND CULTURE EXHIBIT
Contact: Fred Noble, President, Wintec Energy
2045 E. Tahquitz Canyon Way, Palm Springs, CA 92262
760-323-9490
03/09/2023
Public Comment
Item 3B
PUBLIC ART PROPOSAL
ARTISTS COMMEMORATION OF PALM SPRINGS RENEWABLE ENERGY HISTORY
THE PROJECT
Desert Peak Energy Center proposes a Public Arts Project celebrating the birth of
the renewable industry in Palm Spr i ngs. It will involve creation of murals and
other artistic works to be painted on a collection of various types of recycled
windmill blades to be placed in a vertical array installed in connection with the
restoration of and re-installation of Palm Springs first windmill. Funded by the
$375,000 public art fee paid to the City in connection with the construction of
NextEra's large utility grade battery facility currently under construction and
additional funding of approximately $200,000 donated in kind by Wintec Energy.
Palm Springs and the surrounding area is arguably becoming the renewable
energy capital of California with its modern wind and solar facilities and now
NextEra's under construction largest battery project in California. The public
interest in the history and future of wind energy has attracted large numbers of
tourists and locals to visit the existing windmill energy museum currently located
on the site of the Windmill Tour facility . This Project is conceived so that posterity
will know how it all began, here in Palm Springs. The Museum and the
surrounding art installation will be open to the public during regular business
hours at no charge.
THE LOCATION
The artist's array and the refurbished original windmill will be located adjacent to
the site of the current Windmill Tour Facility and Museum, at the east entrance to
the San Gorgonio Pass adjacent to Interstate 10 between Indian Canyon and
Highway 62 at 62950 20 th Avenue, Palm Springs. The project will be adjacent to an
existing outdoor exhibit area displaying many original windmills so that the
evolution of design and size may be experienced.
THE PROPOSAL
The Project is being proposed by Desert Peak Energy and Wintec Energy, LTD.
Desert Peak Energy proposes using the $375,000 Public Art Fee it recently paid to
the City to help create the Project I n addition to the Public Arts Fee Wintec
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03/09/2023
Public Comment
Item 3B
Energy will underwrite the additional in kind expenses which are estimated to be
approximately $200,000. That will include contributing land rights for the art
displays, windmill blades and other artifacts, renewable energy exhibits and
staffing. ..
Wintec Energy will also donate the original Carter 25kW Wind Turbine generator
to the project. It is the first wind turbine installed in Palm Springs in 1982 and
marks the start of wind energy in Palm Springs . It stood on a 80-foot pole and
was held in place with guy wires along four compass points. The turbine is a
valuable artifact because it stands in stark contrast to the surrounding wind
turbines and acts as a clear example of the innovations achieved in harnessing
wind energy. Of the over 200 such windmills installed in Palm Springs the Carter
Wind Turbine is the only one left of that groundbreaking step in renewable
energy. As new innovations in wind energy were developed the turbine became
obsolete and preserved in storage since its removal in 1987. As part of the
Project it will be restored to operating condition and reinstalled by local experts
with knowledge of the windmill. Fortunately original operating and installation
documents still exist in Wintec's archives.
The project will also focus on creating and displaying an outdoor art exhibit
made from repurposed wind turbine blades and other artifacts. An assortment
of windmill blades ranging from 30 feet to 80 feet in length will be donated to the
Project by Wintec and others. Local artists will be asked to bond their artistic
vision to the blades to create art pieces dedicated to "save the planet", "climate
change", "Palm Springs as a leader in green causes" and similar themes. Such a
theme was pioneered on a single windmill blade currently located at the Palm
Springs Art Museum in the heart of downtown Palm Springs. After completion,
the blades will be installed both ve rtically, and in some cases horizontally, on
concrete foundations and will form an attractive grouping of the artists' work.
The blades decorated by local artis t s and visible from the 1-10 will be lit at night so
that the quality of art is exhibited to all.
PROJECT MANAGEMENT
The overall Project will be managed by Wintec Energy under supervision of Desert
Peak. As such they will oversee the exhibits which will be curated by experts in
-~I -
03/09/2023
Public Comment
Item 3B
the field of renewable energy. Blade art and artists will be supervised by the lead
Artistic Director.
TIMELINE
The timeline for the Project will commence upon allocation of funds of the Desert
Peak mandatory Art fees. The overall timeline to complete the project will be
approximately 270 days. The following list is anticipated timelines for each facet
of the overall plan and the necessary requirements to complete the Project:
• Completing drawings for the schematics of the site. Leveling and preparing the
site for foundations and utilities. Fencing the area for security of the artwork and
other installations, pouring foundations and installing blades vertically. 180 days
• Moving from storage, restoring the Carter 25 kW windmill and placement on a
new foundation: 120 days
• Locating sources and securing delivery of various surplus windmill blades: 60
days
• Preparation of blades for artists, cleaning and repainting as necessary: 30 to 45
days (depending on how many blades are included.)
• Art creation start to finish, installation and lighting of blades, creation of
signage and renewable energy exh i bits: 180 days
• Completion of Project and opening date: 270 days
BUDGET
Restoration of Carter Wind Turbine, including, transporting to the site,
Pouring new foundation and erection at the site. $275,000
Windmill blades (in kind donation). $ 50,000
Carter 25 kW windmill (in kind donation ). $100,000
Transportation of Windmill Blades, foundations and mounting. $ 50,000
Truck and crane rentals. $ 10,000
03/09/2023
Public Comment
Item 3B
Artists' honorarium,
Reserve Contingencies,
Project management (in kind donation},
Land rights, engineering permitting expense etc.(in kind}.
TOTAL
$20,000
$20,000
$15,000
$35,000
$575,000
03/09/2023
Public Comment
Item 3B
-Blade "~o~ehenge" 03/09/2023 Public Comment Item 3B
T
03/09/2023
Public Comment
Item 3B
RESTORATION OF THE CULTURAL ARTIFACT-THE CARTER WIND TURBINE
The original Carter wind turbine is a valuable cultural artifact of the earliest years of wind
power in Palm Springs, after being preserved since its removal in 1987. It is also the only
remaining Carter windmill out of more than 200 that once operated in Palm Springs. This
artifact will be restored to operating condition and reinstalled by local experts with
knowledge of the windmill.
Palm Springs today is home to several hundred wind turbines, with the San Gorgonio Pass
labeled as one of the most consistently windy places in the United States. The windmills of
Palm Springs, as the wind turbines are known locally, are one of the most visible icons of
the area, greeting guests who arrive by air or automobile. They add a unique cultural
dimension to our beloved city, distinct from our mid-century modern architecture and golf
resorts.
Palm Springs also hosts millions of visitors annually, and the windmills increasingly attract
environmentally conscious guests because of the global importance of renewable energy.
In the future, our nation will predominantly source its electrical supply from renewable
resources like the sun, wind, and Earth. Make no mistake: Palm Springs played a pivotal
role in this cultural evolution.
How we came to this prominence is an exciting story. Dozens of entrepreneurs tested their
wind turbine designs here in the 1980s. Many of them met with catastrophic failure, and
scores of the early pioneers left or went bankrupt. As time passes, evidence of these early
machines continues to disappear, leaving only the modern designs that are
indistinguishable from one another. However, we have an opportunity to preserve our role
in this cultural evolution and its history.
By the end of 1982, the State of California reports eight commercial wind turbines in our
area. All were 25-kW wind turbines manufactured by Carter Wind Energy. The Carter CWT-
25 (as it was known) was also the first commercial wind turbine erected in Palm Springs in
1981. It stood atop an 80-foot pole held in place with guy wires. Unlike most other
machines, it featured a self-erecting approach that eliminated the need for cranes. Even
compared to other wind turbines of its tim e, the CWT-25 was elegant and stylish.
Preservation of the last remaining wind turbine, an artifact, which marked the beginning of
the environmental energy movement in the Coachella Valley fits well into the cultural
conservation as discussed in the Public Arts Commission Ordinance.
Thomas Spiglanin, Ph.D.
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03/09/2023
Public Comment
Item 3B
The Elements of Culture
Culture was defined earlier as the symbols, language, beliefs , values , and
artifacts that are part of any society. As this definition suggests, there are two
basic components of culture: ideas and symbols on the one hand and artifacts
(material objects) on the other. The first type, called nonmaterial culture also
known as symbolic culture, includes the values, beliefs, symbols, and
language that define a society. The second type, called material
culture, includes all the society's phys ical objects, such as its tools and
technology, clothing, eating utensils, and means of transportation. These
elements of culture are discussed next.
Artifacts
The last element of culture is the artifacts, or material objects, that constitute a
society's material culture. In the most simple societies, artifacts are largely limited to
a few tools, the huts people live in, and the clothing they wear. One of the most
important inventions in the evolution of society was the wheel.
Source : Dat a from Standard Cross-Cu ltural Sample.
Although the wheel was a great invention , artifacts are much more numerous and
complex in industrial societies. Because of technological advances during the past two
decades, many such societies today may be said to have a wireless culture, as
smartphones, netbooks and laptops, and GPS devices now dominate so much of
modem life. The artifacts associated with this culture were unknown a generation ago.
Technological development created these artifacts and new language to describe them
and the functions they perform. Today's wireless artifacts in tum help reinforce our
own commitment to wireless technology as a way of life, if only because children are
now growing up with them, often even before they can read and write.
Sometimes people in one society may find it difficult to understand the artifacts that
are an important part of another society's culture. If a member of a tribal society who
had never seen a cell phone, or who had never even used batteries or electricity , were
somehow to visit the United States, she or he would obviously hav e no idea of what a
cell phone was or of its importance in almost everything we do these days.
Conversely, if we were to visit that person's society, we might not appreciate the
importance of some of its artifacts .
https://pressbooks.howardcc.edu/soci101/chapter/3-2-the-elements-of-culture/
---------
03/09/2023
Public Comment
Item 3B
03/09/2023
Public Comment
Item 3B
EXAMPLE OF PALM SPRINGS CULTURAL ART
INSTALLATIONS -PALM SPRINGS ART MUSEUM
Aluminaire House is considered a masterpiece of modernist design, recently listed
by Architectural Record as one of the most important buildings completed 1
worldwide in the past 125 years. New York architects Michael Schwarting and
Frances Campani worked diligently for more than 25 years to save, protect, and
document Aluminaire, and formed the Aluminaire House Foundation to locate a
suitable permanent home for the structure.
Swiss-born architect Albert Frey (1903-1998), arguably the most significant
architect to have worked in the Palm Springs region of California, established the
style of architecture that has become known as "desert modernism."
03/09/2023
Public Comment
Item 3B
The horse has remained an integral part of Western culture in California and the
Americas since its introduction during the Spanish and Mexican colonial era. The
status of the horse as an icon of the West has been well documented by artists for
centuries, as evidenced by the paintings and drawings in this gallery.
This installation, however, features examples of the creative designs used in the
making of saddles, bridles, and spurs and emphasizes the key role of craft as well
as art in expressions of the visual and material culture of the West.
.For example, the hitched horse-hair bridle developed as a unique American folk art
in the prisons of the Far West in the late nineteenth century. Thoug-h their ,origin is
unclear, speculation has it that Mex ican prisoners brought the craft to the prisons
where they taught it to other prisoners. Inmates at twelve Western prisons were
known to create hitched or braided horsehair bridles and other items.
The intricate and elaborate construction and designs of the three hitched bridles
shown here from the museum's permanent collection were produced by skitlful
inmates in Arizona and Montana prisons. For this installation, each bridle is fitted
with a period bit that is not original to the headstall.
The historic Mexican Charro saddle with matching spurs, on loan from Carriage
and Western Art Museum of Santa Barbara, suggests the important influence of
Mexico on the history and culture of early Californios and on Western equestrian
practices today.
03/09/2023
Public Comment
Item 3B
June 15, 2022
Brenda Pree, MMC
Palm Springs City Clerk
3200 East Tahquitz Canyon Way
Palm Springs California 92262
c/o: City of Palm Springs Public Arts Commission
Russell Pritchard, Chair
Gary Armstrong
Shawnda Thomas Faveau
Matthew Lesniak
Barrett Newkirk
Jay Virata, Staff Liaison
Desert Peak Energy Center, LLC
700 U niver se Blv d, Juno B ea ch, FL 33 408
RE: Support Letter from Desert Peak Regarding Cultural/Public Arts Project Located at 62950
20th Avenue, Palm Springs, California (Item Hl on February 15, 2023's Public Arts
Commission Agenda)
Dear Commissioners,
Desert Peak Energy Center, LLC (Desert Peak), an indirect and wholly-owned subsidiary of
NextEra Energy Resources, is currently developing and constructing a 700 MW, utility-scale
battery storage project in two phases, located at the northern border of the City of Palm
Springs. When complete, this battery will be one of the largest batteries deployed in the world
- a testament to the City of Palm Springs ' commitment towards developing critical energy
infrastructure. Desert Peak also continues NextEra Energy Resources' long history of investing
in the City of Palm Springs, Riverside Cou nty, and the state of California in enabling renewables
and improving grid resiliency .
In November 2022, Desert Peak paid a p u blic arts fee of $375,000 in connection with the
issuance of the building permits for this ba ttery storage project. Desert Peak's original plan was
to provide an in-kind, artistic/cultural improvement proposal in cooperation with Wintec
Energy in lieu of paying the public arts fee . However, due to delays in the issuance of the
building permit processes and a critical timeline in commencing construction in order to
provide critical grid capacity by the summer of 2023 , Desert Peak funded the public arts fee in
advance of the in-kind process in order to secure build i ng permits to meet our construction
schedule.
03/09/2023
Public Comment
Item 3B
Desert Peak Energy Center, LLC
700 Universe Blvd, Juno Beach, FL 33408
At this time, we are excited that Wintec Energy has proceeded with design of the in-kind
project located at 62950 20 th Avenue, Pa l m Springs, CA 92262, as described in the proposal filed
with you. We are particularly pleased that the original wind turbine installed in the San
Gorgonio Pass in 1982 will be restored and put back into service as an operating cultural
exh i bit. This will be a valuable artifact testifying to the long history of successful wind
development powering the local Palm Springs area both electrically and economically. We
understand that the project will have a dedicated parking lot, and appropriate monument signs
describing the project and the circumstances of the project's installation and operation . We
recognize that the project will be installed on property adjacent to Interstate 10 and easily
available to the public, especially given our battery project site is not easily accessible .
We are particularly pleased that part of the project involves repurposing original windmill
blades in a fashion which will outline famous historical structures such as the Parthenon,
Stonehenge, and a sundial composed of a 60-foot original windmill blade together with
appropriate hour markers. So much of the history of the Coachella Valley has been lost to the
historical record, but this is a chance to preserve the unique history of renewable energy as it
evo lved here in Palm Springs to the benefit of future generations. These improvements will be
available to tourists, families and particularly schoolchildren who will tour these facilities as
well as an already existing solar generating facility, at no cost.
Desert Peak Energy Center, LLC respectfully requests that you refund our $375,000 public arts
fee so that we may contract with Wintec Energy for this project or that the Public Arts
Commission contracts with Wintec directly for this project, as the Commission sees fit.
To conclude, we strongly support Wintec Energy's application for approval of this project and
urge you to vote in the affirmative at the hearing on February 15th. Please do not hesitate to
con t act me at dexter.liu@nexteraenergy.com if you have any questions.
T
Sincerely,
Dexter Liu
Executive Director
Desert Peak Energy Center, LLC
03/09/2023
Public Comment
Item 3B
3.37.010 Purpose.
(a) The purpose of the Palm Springs Public Arts Program is to develop and maintain a visual
arts program for the residents and visitors of Palm Springs; to add to the economic viability of
the community; and to enhance the environment and unique character of Palm Springs by
providing for the acquisition and maintenance of quality works of public art.
(b) The City Council finds and declares as follows:
(1) Cultural and artistic resources enhance the quality of life for individuals living in, working in
and visiting the City.
(2) Balanced development of cultural and artistic resources preserves and improves the quality
of the urban environment and increases real property values.
(3) As development and revitalization of the real property within the City continues, the
opportunity for creation of cultural and artistic resources is diminished.
(4) As this development and revitalization continues as a result of market forces, urbanization
of the community results.
(5) As these opportunities are diminished and this urbanization occurs, the need to develop
alternative sources for cultural and artistic outlets to improve the environment, image and
character of the community is increased.
(6) Development of cultural and artistic assets should be financed by those whose
development and revitalization diminishes the availability of the community's resources for
those opportunities and contributes to community urbanization.
(7) Establishment of this Public Arts Program will promote the general welfare through
balancing the community's physical growth and revitalization and its cultural and artistic
resources.
(8) It is the purpose of this Chapter to modify, clarify and codify the City's existing Public Arts
Program.
Ineligible Expenditures
: (1) Reproductions of original work except limited editions.
(2) Unlimited editions of original work.
(3) Mass-produced art objects.
(4) Works that are decorative, ornamental or functional landscape or architectural elements
except when commissioned from an artist as an integral aspect of a structure or site.
(5) Architectural rehabilitation or historical preservation of buildings.
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03/09/2023
Public Comment
Item 3B
From:Russell Pritchard
To:City Clerk
Subject:Fwd: public arts proposal
Date:Monday, March 6, 2023 8:47:17 AM
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 City Clerk,
I am forwarding this email from me to Fred Noble, dated February 03,2023 to be included in
my public comment for Item 3B on the
Council agenda for March 09, 2023
D
Honorable Mayor Garner and Council Members;
I am writing in strong opposition to Item 3B on your agenda, I am very surprised and very
disappointed that our city government would consider
overruling a decision made by a city commission made up of people appointed by you to serve
the city, the rules of our art ordinance and to conduct
ourselves to the code of ethics to which we took an oath to uphold.
here are points to my opposition:
>The art ordinance section 3.37.070 stipulates that for the requirement for return of funds paid
into the public arts fund, the developer must show
that the "art installation" created by an artist is of equal or greater value than the fees paid.
None of this project is for any artwork, except for $20,000 for an artist
honorarium for painting on a couple of wind turbine blades.
>arguments laid out in the staff report suggest that part of the funds can be spent on
foundations and landscaping but as stated in the art ordinance
3.37.040 , (d) (3) these items are only permissible when necessary for placement of the
"artwork"
>The letter from Dexter Lui, executive director of Desert Peak Energy, LLC dated june 15th,
2022 is false. This letter was never sent to the arts commission
members and/or our staff person Jay Virata, who states that he has no memory of such a letter
and I for a fact know that I did not receive this letter. I was never
aware of Desert Energy or Wintec until Jay Virata advised me that this item "had " to be on
our February agenda. I requested an explanation from Mr. Virata, but
he would only say that the demand came from senior staff, whom he would not name, showing
a clear lack of transparency. I also asked how this item got on
council agenda so quickly when we have to wait sometimes a couple of months for our
approved items to have a staff report written and appear on the council
agenda........again, he would not name anyone or explain.
.
03/09/2023
Public Comment
Item 3B
>as you will read in my email to Mr. Fred Noble, I explained the reasons why his request did
not meet the art ordinance requirements , his response was
simply to state "well, I will just take it to the city council"
>so, in short , I am disappointed in this project and the process of it coming to us on the arts
commission and how it is now on the council agenda. I do trust
that Council member Middleton will recuse herself from this decision since it is public record
that she has received financial contributions to her campaigns
from Mr. Noble
yours respectfully,
Russell Pritchard
chair, Palm Springs Public Arts Commission
415.244.7877
---------- Forwarded message ---------
From: Russell Pritchard <russellsf90@gmail.com>
Date: Fri, Feb 3, 2023 at 2:58 PM
Subject: public arts proposal
To: fwnoble@wintecenergy.com <fwnoble@wintecenergy.com>
Cc: Gary Armstrong <garyarmstrong@me.com>
Hello Fred
Our staff person Jay Virata has sent me the info for your proposed windmill / renewable
energy project. You had requested to present at our February meeting. My agenda
for this next meeting is too full to consider hearing about your proposal, but I will
consider it for our March meeting.
I do have some concerns, the fees paid into our public art fund is generally for
an original work of art commissioned with an artist. For example " Isabelle " by Julian Voss-
Andreae, was commissioned by Michael Braun of Grit Development for The Rowan
Hotel Plaza. The artist presented renderings of the piece for this refund consideration.
Looking over your proposal, I see the only aspect of original art is the proposed artists' painted
wind turbine blades with a budget listing of just $20,000. for an artists' honorarium. Seems to
fall rather short of the justification in our arts ordinance for the
creation of original art to warrant a refund of the development fees.
I will consult with our city staff person and I will also visit the site to gain a better
understanding of your project. I do embrace the need to honor the history of this renewable
resource, but I think the project falls short on the "public art" component.
I will be in touch, also feel free to reach out to me,
Regards
Russell Pritchard
Chair, Palm Springs Public Arts Commission
415.244.7877
03/09/2023
Public Comment
Item 3B
03/09/2023
Public Comment
Item 3B