HomeMy WebLinkAbout25095RESOLUTION NO. 25095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
REIMBURSEMENT OF $375,000 IN PUBLIC ART FUNDS
TO DESERT PEAK ENERGY AND WINTEC ENERGY, LTD,
FOR A PUBLIC ART PROJECT LOCATED AT 62950 20TH
AVENUE; AND APPROVAL OF WAIVERS OF THE ART
PLACEMENT REQUIREMENT AND REIMBURSEMENT
PROCESS AS CONTAINED IN PALM SPRINGS
MUNICIPAL CODE CHAPTER 3.37.
WHEREAS, the City Council created the Public Arts Commission according to
chapter 2.24 of the Palm Springs Municipal Code (PSMC) Section 2.24.010; and
WHEREAS, the City Council created application procedures for placement of
artwork on private property according to PSMC Section 3.37.110 of the Palm Springs
Municipal Code; and
WHEREAS, the City Council created the procedure for refunding the payment of
the public arts fee and provision of artwork in lieu of the fee; and
' WHEREAS, the Applicants, Desert Peak Energy and Wintec Energy, LTD.
("Applicants"), filed an application for reimbursement of the public arts fee for a proposed
artwork entitled 'Palm Springs Renewable Energy History" ("Project'), to be located at
62950 20th Avenue; and
WHEREAS, on February 15, 2023, the Public Arts Commission held a public
meeting to consider the application for the Project in accordance with applicable law, and
carefully reviewed and considered all of the evidence presented in connection with the
discussion on the Project, and voted 5-0 to deny the Project based on an inability to find
that the application met the purpose and intent of the public art ordinance; and
WHEREAS, on February 20, 2023, the City Council filed a timely request to review
the Public Arts Commission decision pursuant to the procedures in Chapter 2.06 of the
Palm Springs Municipal Code (PSMC); and
WHEREAS, on March 9, 2023, the City Council of the City of Palm Springs held a
public meeting to consider the Application in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with Application, including but not limited to the staff
report, and all written and oral testimony presented; and
' WHEREAS, the City Council makes the following findings relative to the proposed
Project:
Resolution No. 25095
Page 2
1) The Project is consistent with the purpose of the Public Arts Ordinance in
that it will enhance the economic vitality of the community and unique ,
character of Palm Springs by celebrating the renewable energy industry and
its place in the city's history.
2) The Project is consistent with the funding requirements of PSMC Section
3.37.040(c), in that funding will go towards the purchase of components,
construction of foundations, installation, artwork, and administrative
expenses related to the Project.
3) The Project is consistent with PSMC 3.37.080 relative to the placement of
the artwork, in that the proposed site will be open and accessible to the
public.
4) The Applicants shall enter into an agreement with the City, in form and
content approved by the City Attorney and the City Manager, providing for
the Applicant's acquisition and installation of artwork in connection with the
development of the project that, based on substantial evidence presented
to the City Council, addresses the goals and aims of Chapter 3.37 in a
manner equally or more favorable to the City than would be achieved by
strict compliance with that chapter.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the foregoing Recitals Ire true and correct and are incorporated .
herein by this reference.
SECTION 2. That the City Council hereby approves the Project proposed for the
property at 62950 20th Avenue, Palm Springs, finding that the Project conforms to the
requirements set forth in PSMC Section 3.37.110 and 3.37.130. Such approval is subject
to the following condition(s):
A. Prior to installation, Applicants shall provide artist biographies and
sketches, photographs, or other documentation to indicate the nature of the
proposed artwork that will be applied to the windmill blades for review and
approval by the City.
SECTION 3. That the City Council hereby approves a waiver from PSMC Section
3.37.080 to allow the proposed Project to be installed on the parcel at 62950 20th Avenue
(APN #668-411-010), which is separate from the development parcel for which the public
art fees were paid, as the proposed location will allow public access to the artwork in
conformance with PSMC Section 3.37.080(a).
SECTION 4. That the City Council hereby approves a waiver from PSMC Section
3.37.130 to reimburse the Applicants for the Project in advance of installation, subject to
the following condition(s):
1
Resolution No. 25095
Page 3
A. Such reimbursement shall be subject to execution by City and Applicant(s)
of an agreement in a form and content approved by the City Attorney and
City Manager. The agreement shall provide for such matters as the use of
funds, invoice review process, the acquisition, installation and maintenance
of the artwork, insurance, and issuance of certificate of occupancy for the
improvements.
ADOPTED THIS 9TH DAY OF MARCH, 2023.
Scott Stiles
City Manager
ATTEST:
Brenda Pree
City Clerk
' STATE OF CALIFORNIA ) CERTIFICATION
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25095 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on March 9, 2023, by the following
vote:
AYES: Councilmembers deHarte, Holstege, Middleton and Mayor Pro Tern Bernstein
NOES: Mayor Garner
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 23 day of 7Mnrok 023
Brenda Pee, MMC, CERA, City Clerk
City of Palm Springs, California