HomeMy WebLinkAbout1/21/2009 - STAFF REPORTS - 1.B. ry
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°q�,FORa�P City_ _Council Staff Report
DATE: January 21, 2009 PUBLIC HEARING
SUBJECT: APPEAL BY THE NICHOLAS GROUP OF THE PUBLIC ARTS
COMMISSION'S ACTION OF DECEMBER 11, 2008, DENYING THE
PUBLIC ART INSTALLATION OF "AMERICA'S FAVORITE SINGING
COWBOY" AT THE GENE. AUTRY PLAZA PROJECT LOCATED AT 650
SOUTH GENE AUTRY TRAIL.
FROM: David H. Ready, City Manager
BY: Community and Economic Development
SUMMARY
The appellant, Nicholas Group, the developers of Gene Autry Plaza, is appealing a
decision of the Public Arts Commission denying the installation of the artwork titled
"America's Favorite Singing Cowboy" by artist De L'Esprie. The proposed sculpture will
be 7 feet high, 5 feet wide and 5 feet deep and placed at the southeast corner of the
project on Ramon Road and Gene Autry Trail. The developer has received permission
from the Autry Estate to commission and install the sculpture.
RECOMMENDATION-
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS, CALIFORNIA GRANTING THE
APPEAL, THEREBY APPROVING THE PUBLIC ART INSTALLATION OF
"AMERICA'S FAVORITE SINGING COWBOY", BY ARTIST DE L'ESPRIE
AT THE GENE AUTRY PLAZA PROJECT, LOCATED AT 650 SOUTH
GENE AUTRY TRAIL."
STAFF ANALYSIS:
On November 13, 2008, the Nicholas Group presented a developer funded public art
proposal to the Public Arts Commission. The proposal is for the installation of a
figurative bronze sculpture of the actor and philanthropist Gene Autry. The sculpture,
by the artist De L'Esprie, will be 7 feet high, 5 feet wide and 5 feet deep and was titled
Item No. 1 . B .
City Council Staff Report
January 21,2009—Page 2
APPEAL BY THE NICHOLAS GROUP OF THE PUBLIC ARTS COMMISSION'S ACTION OF DECEMBER 11, 2008,
DENYING THE PUBLIC ART INSTALLATION OF"AMERICA'S FAVORITE SINGING COWBOY'AT THE GENE
AUTRY PLA7A PROJECT LOCATED AT 650 SOUTH GENE AUTRY TRAIL.
"Back in the Saddle Again". The approximate cost of the sculpture is $150,000 and will
be reimbursed from public art fees paid by the developer, which is estimated at
$200,000. The Public Arts Commission requested that a final rendering of the sculpture
and a sales history from the artist be provided for their review before the December
meeting.
At the December 11, 2008, meeting the Public Arts Commission received and
discussed the additional materials submitted by the developer. The Commission also
considered requirements set forth in the Palm Springs Municipal Code which provides
that artwork to be displayed in the City cannot be "(1) Reproductions of original work
except limited editions, (2) Unlimited editions of original work, (3) Mass-produced art
objects". Upon consideration the Commission found that the public art piece be denied
for the following reasons:
1. The City is only receiving half of a sculpture; the full sculpture is
located at the Autry National Center of the American West in Los
Angeles.
2. The sculpture is not an original work of art.
3. The original work that the sculpture is derived from can be purchased
on the internet in unlimited quantities.
4. The proposed sculpture does not properly accomplish the goal of
recognizing and paying tribute to Gene Autry.
A motion to approve the installation was made and seconded. Aye votes were
Commissioner Kabler and Mazur. Nay votes were Butler, Kennedy, Stearns and Chair
Stone. Commissioner Stern was absent. There were no other discussions and the
motion failed on a 2/4 vote. No Other motions were made.
On December 17, 2008, the Developer submitted a letter to the City requesting that the
City Council review the proposal and overturn the Public Arts Commission's decision to
deny the public art installation of the sculpture "America's Favorite Singing Cowboy"
depicting the late Gene Autry. In the letter of appeal dated December 12, 2008 the
appellant stated that the artwork will "be unlike any other bronze of Mr. Autry — and
include unique title/name and foundation and will be signed °1 of 1" by the artist."
However, the Public Arts Commission disagrees with the assertion, stating that "the
sculpture is not an original work of art". The public art project being proposed has the
support and approval of the Autry Estate and the developer would like to move forward
with fabrication of the sculpture.
CONCLUSION
City Council Staff Report
January 21,2009--Page 3
APPEAL BY THE NICHOLAS GROUP OF THE PUBLIC ARTS COMMISSION'S ACTION OF DECEMBER 11,2008,
DENYING THE PUBLIC ART INSTALLATION OF"AMERICA S FAVORITE SINGING COWBOY"AT THE GENE
AUTRY PLAZA PROJECT LOCATED AT 650 SOUTH GENE AUTRY TRAIL.
Staff recommends granting the request of the appellant and approving the proposal by
The Nicholas Group to install the public artwork at the southeast corner on Ramon
Road and Gene Autry Trail. Although the artwork is similar in nature to an existing
sculpture at the Autry National Center of the American West in Los Angeles, there are
sufficient differences to meet the criteria pursuant to the provisions set forth in the
Municipal Code.
FISCAL IMPACT:
The Finance Department collects and maintains the public art fees collected on all
projects with accounting records established to sufficiently identify and control the
funds. There is no negative fiscal impact to the City as the Owner is seeking
reimbursement for a cost they have incurred and which is allowed by the Palm Springs
Municipal Code. No General Fund money will be used for this project,ojn
4d-�L
JennifeH nnin Thomas J. Wilsgf'
Public Arts & Special Proje oordinator Assistant City Manager
David H. Ready, D_
City Manager
Attachments:
1. Gene Autry Plaza Public Art Proposal
2. Image, "Back In The Saddle Again" sculpture located at the Autry National
Center of the American West
3. November 13, 2008, Public Arts Commission Minutes
4, December 11, 2008, Public Arts Commission Draft Minutes
5. Public Arts Commission Resolution Approving the Nicholas Group's Proposal for
the Public Art Installation "America's Favorite Singing Cowboy"
6. Palm Springs Municipal Code Section 3.37
7. Memorandum to Director of Planning Services for Public Art Placement
8. Memorandum from Director of Planning Services for Public Art Placement
9. Developer Appeal received 12-17-08
10.Developer Email Stating Placement of this Item on the January 21, 2009 Council
Agenda
IJ' J
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE. CITY OF
PALM SPRINGS, CALIFORNIA, GRANTING THE APPEAL,
THEREBY APPROVING THE PUBLIC ART INSTALLATION
OF "AMERICA'S FAVORITE SINGING COWBOY", BY
ARTIST DE UESPRIE AT THE GENE AUTRY PLAZA
PROJECT, LOCATED AT 650 SOUTH GENE AUTRY
TRAIL.
WHEREAS, the City Council created according to Chapter 2.24 of the Palm
Springs Municipal Code (Section 2.24.010) the Public Arts Commission; and
WHEREAS, at the November 13, 2008 Public Arts Commission meeting, The
Nicholas Group presented a public art proposal by De L'Esprie ("Artist"), for the
Gene Autry Plaza Project located at 650 South Gene Autry Trail; and
WHEREAS, the Artist presented a proposal for the installation of a large scale
figurative bronze sculpture of the actor Gene Autry, 7 feet high, 5 feet wide and 5
feet deep titled "America's Favorite Singing Cowboy"; and
WHEREAS, at the December 11, 2008 Public Arts Commission meeting, the
Commission voted 2/4 against the approval of the public art installation "America's
Favorite Singing Cowboy"; and
WHEREAS, on December 17, 2008 the Nicholas Group filed an appeal of the
Public Arts Commission's decision to deny the public art installation "America's
Favorite Singing Cowboy"; and
WHEREAS, on January 21, 2008, the City Council conducted a public hearing on
the appeal by the Nicholas Group; and
WHEREAS, the City Council reviewed all of the evidence presented in connection
with the matter, including, but not limited to, the staff report and exhibits prepared
on the matter, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the decision by the Public Arts Commission to deny the public
art proposal by the Nicholas Group to install the sculpture "America's Favorite
Singing Cowboy" by artist De L'Esprie at the Gene Autry Plaza Project, 650 South
Gene Autry Trail, be overturns.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing,.the City
Council hereby grants the appeal and overturns the decision of the Public Arts
Commission to deny the installation of the sculpture "America's Favorite Singing
Cowboy" by artist De L'Esprie.
Resolution No.
Page 2
ADOPTED this day of January, 2009.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Resolution No.
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
Developer's Application for Refund of Public Arts Fee
Project Proposal
Project Name: Gene Autry Plaza
Project Location/Address: Corner of Ramon and Gene Autry Trail
Developer. The Nicholas Group Work Phone: 760-341-9904
Property Owner: D.R.West, LLC Work Phone: 760-341-9904
Public Art Fee: Approximately$200.000
Artist: David L.Spellerberg—National Heritage Collectors Society
Address! 2139 Lindenberg:Westlake Village CA 91361
Artist Phone: 818-991-0933
Title of Artwork: "Back in the Saddle Again"
Media: Bronze sculpture
Description of Artwork Original bronze patina sculpture featuring Gene Autry
Approximate Weight 1,500 Ibs Dimensions: T H 5' wide 5' deep
Approximate Cost $150,000
Location of Identification Plaque: On front of bronze as indicated on rendering
Description of Foundation: On bronze rock formation flat on bottom: low cement pedestal
approximately 12" high with step-up to statue: circular stone and cement pad with built-in
lighting to developer's and artists specifications
Date of Installation: TBD—approximate timeframe lunefl Iy, 2009
Site: Corner of Ramon Road and Gene Autry Trail
Distance Between Public Street and Artwork: Approximarely 20'from Ramon and Gene Autry
Trail
Landscape Plans: Limited desert landscaping around sculpture with cement scape in order to
maximize tourisr/resident/customer interaction with and approach of sculpture—see rendering
Special Problems: N/A
Dedication Plans: City VIP artist dedication planned for unveiling—approximate timing
lunelluly.2009
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The Artist De L'Esprie
National Heritage Collectors Society
2139 Lindengrove Westlake Village, CA.91362
Contact: David L. Spellerbe b (818) 991-0933
Boni in Montreal, Canada in 1957,the artist De L'Esprie showed artistic talent at an early age. She
attended Loyola University of Montreal, completing her degree at California State University Northridge.
She has attended Brandis Are Institute and private and group classes over the course of 4 years with the
following renowned instructors: Martine Vaugel,Marion Young,Don Gale and Richard McDonald. The
French Canadian artist
De VEsprie was proud to become a U.S.Citizen in May of 1991 and she currently resides in Westlake
Village,Califomia.
De L'Espric is exclusively represented by David L.Spellerberg,Founder of the National Heritage
Collectors Society. The National Heritage Collectors Society is a fine art bronze foundry in Westlake
Village,CA which casts all of her pieces. They have worked together for over 20 years on over 20
monumental public works of art.
In 1986,De L'Esprie was honored to have been selected from over 16 artists to create the heroic
bronze monument titled, "Back in the Saddle Again" of Gene Autry and his horse Champion which is
the centerpiece of the Autry Museum of Western Heritage is Los Angeles,CA. De L'Esprie worked closely
with Gene Autry,Jackie Autry and Joanne Hale,President and Director of the museum in all phases of
sculpting the monument. She also designed 4 reduced versions of the monument which are sold through
the museum to raise funds and create the prized awards honoring benefactors and those contributing to the
history of the West through television and the film industry.
In 1987,De L'Esprie was selected by The Ronald Reagan Library to sculpt the coveted collector's
edition Presidential Library Medallion. In addition,she created the Ronald Reagan"Freedom"Eagle bust
which is sold on an ongoing basis at the Presidential Library in Simi Valley,CA
In 1988,De L'Esprie was requested by joe Weider publisher of Muscle and Fitness Magazine to
design the Ms.Olympia bronzes,medals and monumental sculpture of Joe Weider himself and is featured in
his monthly publications,marketing campaigns and product lines.
In 1989,State Farm Insurance Company commissioned De L'Esprie to create 1,600 wildlife statues
as ceremonial awards for outstanding performance.
In 1990,"Crazy Horse"was commissioned byMichael Wayne(son of the late John Wayne).De
L'Esprie deftly a compassionate,yet majestic,vision of the hero.
In 1994,De L'Esprie was commissioned by Sylvester Stallone to create the heroic commemorative
tribute to",Rocky"titled"The Triumph of Victory" for his Miami estate. I Ier command of human
anatomy accentuates both power and movement in this finished work of an. This 10 ft.sculpture was
featured in the November 1997 issue of Architectural Digest.
�z-
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i
In 1995,De L'Esprie was commissioned by the Janus Corp,and R.'T.K.L.Associates to create the 9
rh fr.tall Indian sculpture,"Message to the Creator" which is the centerpiece of the Janss Mall in
Thousand Oaks, CA
In 1996,De L'Esprie had the privilege to work with developer Rick Caruso of Caruso Affiliated
Holdings to design and create the magnificent sculpture,"Joy to Life"for The Promenade shopping center
in Westlake Village, CA. This bronze sculpture of a mother,father,three children and a dog is a tribute to
the family.
In 1997,developer Hawkins-Smrith commissioned De L'Espric to create a second"Joy to Life"
sculpture for their beautiful Spectrum Movie'Theatre Complex in Boise,ID.
In May of 1998,De VEsprie was again conuaission by Rick Canso of Caruso.Affiliated Holdings
to design and create"Pirates Cove",a collection of children and animals,which is the centerpiece of The
Commons Shopping Center in Calabasas,CA.
In November of 1998,The Disney Corporation and Jackie Autrycomnrissioned De L.Esprie to
create a larger than life-size bronze sculpture of"Gene Autry"to greet fans as they enter Edison Field in
Anaheim,CA.
In 1999,De L'Esprie was commissioned by Dr.Robert Schuller to create a 8 r12 ft.rall sculpture of
Jesus,3 children and 2 sheep titled"The Lost is Found" for the Crystal Cathedral in Garden Grove,CA.
This bronze sculpture reflects the Parable of the Lost Sheep based on Luke 15:3,"Rejoice with me, for I
have found my sheep which was lost'
In March of 2000,De L'Esprie was again commissioned by Dr.Robert Schuller to create a sculpture
30% larger than life,tided,,The Prodigal San" from the biblical story from the book of Luke 15:11. This
sculpture was added to the beautiful grounds of the Crystal Cathedral in Garden Grove,CA in January of
2002.
In August of 2000,De L'Esprie was selected by the city of Laguna Beach Arts in Public Places
Program to have her sculpture"Chasing Butterflies" and"Airplane Ride"per anentlyexlubited and
added to the city's public art collection.
In December of 2000,De VEsprie was again commissioned by Rick Caruso of Caruso Affiliated
Holdings to create a sculpture of 3 children and a dog titled, "Lemonade Stand" for The Farmer's Market
in Los Angeles,CA.
In January of 2001,De I_Msprie was sought by Caruso Affiliated Holdings to create 2 larger than life
angels entitled-The Spirit of Los Angeles". This monumental sculpture is a landmark in Los Angeles and
the centerpiece for The Farmer's Market.
In August of 2001,De L'Esprie was commissioned by the City of Culver City to create a larger than
life-size sculpture entitled`"I'he Path of Life"for their new Senior Center,
In June of 2002,De L'Esprie was commissioned by the Orange County Fire Authorityto create a
Firefighters Memorial to paytribute to those who risk their lives each day for their community.
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In April of 2003,De I.'Esprie was again commissioned by the City of Culver city to create the
sculpture titled"A Moment in Time to honor Harry Culver,the city founder and his family sitting on a
park bench in front of the historic Culver hotel on Culver Blvd.
In 2004 De L'Esprie was commissioned for the 4'` time to create a heroic work of art for The Lakes
titled"A Day at the Lakes",a new shopping center in Thousand Oaks.This sculpture featured 4 children
enjoying a day at the lakes,playing with the water and in the sandbox.
In 2005,De L'Esprie was commissioned by the Boeing Corporation and the City of Long Beach to
create 2 heroic sculptures,one honoring"Donald Douglas",the founder of the Douglas Corporation,and
the second a heroic 8 foot in diameter bronze globe with three airplanes circling the globe as a recreation of
the famous Douglas Corporation logo.
In addition to these heroic works of art,De L'Esprie has created over I00 different bronze
sculptures ranging in price from$400.00 to $250,000)0. Her subjects include children,Angels,Native
Americans,ballerinas,Eagles,horses,lions and memtaids...just to mention a few.
All of her works are signed"De L'Esprie"which is French for"of the spirit"
De L'Esprie has been honored bythe late Mayor Tom Bradleyfor her contributions towards the arts
in Los Angeles. She has been written up by the Daily News,Los Angeles Tunes,US.Japan News,Lifestyle,
LivelyAns and Fine Arts,Southwest Art,Beverlyl-fills Coutier,News Chronicle,Horseman,Celebrity
Society,Spur,and the Westlake Magazine to name a few.
II
Dc Ullsprie's works are in the collection of the late Gene Autry,Ambassador Robert D.Nesen, j
Sylvester Stallone,Fred Couples,the late Jimmy Stewart,Prince Mohammed Abdul-Aziz,Arnold
Schvmzenegger, Charlton Ieston,Jack Palaace,Bob fond and several banks and corporations throughout
the world.
For all the above described works of art,David L.Spellerberg,founder of the National Heritage
Collectors Society,has exclusively represented the artist De L'Esprie.
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, r
Heroic Works of Art by the Sculptor DeL'Esprie
That are on public display throughout the United States
Partial List
The Lakes
City of Thousand Oaks, Ca
"A Day at the Lakes" 2005
Commissioned by Caruso Affiliated
$200,000
Calabasas Commons
City of Calabasas, Ca
"Pirate's Cove" 1998
Commissioned by Caruso Affiliated
$180,000
Crystal Cathedral
Garden Grove, Ca
"The Lost is Found" 2000
Commissioned by Dr. Robert Schuller
$2,80,000
Crystal Cathedral
Carden Grove, Ca
"Prodigal Son" 2002
Commissioned by Dr. Robert Schuller
$190,000
Tribute to Rocky
Bel Air, Ca
"The Triumph of Victory" 1994
Commissioned by Sylvester Stallone
$230,000
Janss Marketplace
Thousand Oaks, Ca
"Message to the.Creator" 1995
Commissioned by the Janss Corporation
$190,000
Westlake Promenade
Westlake Village, Ca
"Joy of Life" 1996
Commissioned by Caruso Affiliated
$195,000
Edison Field
Anaheim, Ca
"Standing Gene Autry" 2000
Commissioned by Angeles Baseball Team
$150,000
The Grove
Los Angeles, Ca
"Spirit of Los Angeles" 2002
Commissioned by Caruso Affiliated
$320,000
The Grove
Los Angeles, Ca
"Lemonade Stand" 2001
Commissioned by Caruso Affiliated
$170,000
City of Culver City
"A Moment in Time" 2006
Commissioned by the City of Culver City
$225,000
City of Culver City
"Path of Life" 2.001
Commissioned by the City.of Culver City
$254,000
Autry National Center of the American West
Griffith Park, Los Angeles, Ca
"Back in the Saddle Again" 1985
Commissioned by Jackie Autry of the Original Gene Autry Museum
$350,000
Orange Country Fire Authority
Irvine, Ca
"OCFA Firefighter Memorial" 2002
Commissioned by the Orange County Fire Authority
$450,000
Douglas Park
Long Beach, Ca
"Standing Figure of Donald Douglas" 2007
Commissioned by the,Boeing Corporation
$240,000
Douglas Park
Long Beach, Ca
"8 % ft. round Globe with 3 TWC Airplanes"
Original Donald Douglas Logo, 2007
Commissioned by the Boeing Corporation
$190,000
Americana at Brand
Glendale, Ca
"A Time to Reflect" 2008
Commissioned'by Caruso Affiliated
$250,000
Arts in Public Places
Laguna Beach, Ca
"Chasing Butterflies" 2002
Commissioned by the City of Long Beach
$38,000
Laguna Beach, Ca
"WhirlyBird" 2002
Commissioned by the City of Long Beach
$28,500
Burbank, Ca
"Old Glory" 2002
Commissioned by the City of Burbank
$22,000
Burbank, Ca
"WhirlyBird" 2002
Commissioned by the City of Burbank
$28,500
Boise, Id -- Spectrum Plaza 1
"Joy of Life" 1998
Commissioned. by the City of Boise
$220,000
Tempe, Az—Angels Baseball Spring Training Headquarters
"Gene Autry Bust" 1990
Commissioned by the City of Tempe, Az
$60,000
µ
America's Favoxite
Si4ng Cowboy
Proposed bronze
sculpture for
Gene Autry Trail
in P.4m Springs, Ca
s:
Collectors •
It. Al
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During the planning of the museum, Gene Autry posed for sculptor De L'Esprie for a larger tl
life statue in the museum's main plaza.All of Champion's tack was sculpted by artist Al Shel
This is a beautiful 13"bronze reproduction of that statue. It stands on a green marble base.
Please call or e-mail for a shipping quote.
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Public Arts Commission
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
Regular Meeting
Thursday, November 13, 2008
City Hall - Large Conference Room
CALL TO ORDER: Chair Stone called the meeting to order at 2:00 p.m.
ROLL CALL:
Present Present FY 2008/2009 FY 2008/2009
This Meeting To Date Excused Absences Unexcused Absences -
William Butler x 2 1
Jamie Kabler x 1 1
James Kennedy,Vice Chair 2 1
Jeanne Mazur x _ 3
Robert Stearns x 2
Michael Stern x 3
Robert Stone, Chair x 3
Chair Stone welcomed Commissioner Kabler to his first meeting.
ALSO PRESENT: Jennifer Henning, Arts and Special Projects Coordinator
ACCEPTANCE OF AGENDA:
Motion by Mazur, second by Butler to accept Agenda for November 13, 2008; unanimously carried
PUBLIC COMMENTS: There were no Public Comments
APPROVAL OF MINUTES:
ACTION: Approve Public Arts Commission Minutes of July 10, 2008.
Motion by Mazur, second by Chair Stone, motion carried 4/0 in a roll call vote. (Commissioners
Kabler and Stearns not present at July meeting)
ACTION: Approve Public Arts Commission Minutes (Regular Meeting & Study Session) of September 11,
2008.
Motion by Stearns, second by Stern, motion carried 410 in a roll call vote_ (Commissioners Butler
and Kabler not present at September meeting)
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City of Palm Springs
Public Arts Commission
Regular Meeting Minutes
November 13,2008-Page 2
A. PRESENTATIONS:
1. Tony and Karen Barone, Public Art Proposal for Palm Canyon Theatre
538 N. Palm Canyon Drive
Presentation/proposal material attached
The commission discussed and/or commented on: maintenance for piece, including
graffiti removal, if needed; commission requested list of previously sold pieces, Including
sales price, prier to next month's meeting;fabrication of piece; proposal will need to be
brought before Historic Site Preservation Board (site is Class I historic site).
2. Alec Longmuir, Melissa Morgan Pine Art
Review Possible Sale of Dennis Oppenheim Sculpture to City
Presentation/proposal material attached.
The commission discussed and/or commented on:size (15' high, 20' base diameter);
price approximately$195,000; cost of acquisition of one piece vs. multiple pieces; color
choices; possible temporary locations, i.e., Port Lawrence; piece would be simple to
relocate after installation (if needed), architectural element, grouping of more than one
piece; (Kabler requested Mr. Longmuir to provide photographs of pieces for possible
donation— not Oppenheim pieces—this request should be placed on future Commission
Agenda for discussion),
3. The Nicholas Group, Gene Autry Plaza Project, Artist Representative David Spellerberg
Developer Funded Art Project
Presentation/proposal material attached.
The commission discussed and/or commented on: Kabler feels this is a great sculpture
for this location; commission invited to ground breaking; Chair Stone would like the
commission to consider whether or not they should acquire additional literal figurative
bronzes for the collection, this item will be added to next month's agenda as a legislative
item; commission would like to see a sales history from the artist.
4. Guide Dogs of the Desert, Public Art Proposal for Guide Dog Depot(Loan of Artwork)
125 E. Tahquitz Canyon Way
Presentation/proposal material attached.
The commission discussed and/or commented on:installation and maintenance; patina,
artwork is fabricated in steel, commission would like further information on protective
coating for the piece and issues that may arise from the steel becoming extremely hat to
the touch during hottest months; add to next month's agenda under legislative item.
B. NEW BUSINESS:
5. None
C. UNFINISHED BUSINESS:
6. City of Palm Springs Art Show 2009
RECOMMENDATION; Direct Staff as Appropriate
Public Arts Commission
CITY OF PALM SPRINGS, CALIFORNIA
MINUTES
Regular Meeting
DRAFT
Thursday, December 11, 2008
City Hall - Large Conference Room
CALL TO ORDER: Chair Stone called the meeting to order at 2:00 p.m.
ROLL CALL:
Present Present FY 2008/2009 FY 2008/2009
This Meeting To Date Excused Absences Unexcused Absences
William Butler x 3 1
Jamie Kabler x 2 1
James Kennedy,Vice Chair x 3 1
Jeanne Mazur x 4
Robert Steams x 3
Michael Stern 3 1
Robert Stone, Chair x 4
ALSO PRESENT: Jennifer Henning, Arts and Special Projects Coordinator
ACCEPTANCE OF AGENDA:
Motion by Stearns, second by Mazur to accept Agenda for December 11, 2008; unanimously
carried
PUBLIC COMMENTS: There were no Public Comments
APPROVAL OF MINUTES:
ACTION: Approve Public Arts Commission Minutes of November 13, 2008.
Motion by Kabler, second by Stearns, motion carried 510 in a roll call vote. (Commissioner
Kennedy not present at November meeting)
D. LEGISLATIVE:
7. RECOMMEND THE APPROVAL OF THE NICHOLAS GROUP'S
PROPOSAL FOR THE PUBLIC ART INSTALLATION "AMERICA'S
FAVORITE SINGING COWBOY", BY ARTIST ❑E L'ESPRIE,
RECOMMENDATION: Adopt Resolution No. _ "A RESOLUTION OF THE
PUBLIC ARTS COMMISSION OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING THE NICHOLAS GROUP'S PROPOSAL FOR
THE PUBLIC ART INSTALLATION "AMERICA'S FAVORITE SINGING
COWBOY", BY ARTIST DE UESPRIE TO BE LOCATED AT THE GENE � Y
AUTRY PLAZA PROJECT."
City of Palm Springs
Public Arts Commission
Regular Meeting Minutes-Draft
December 11,2008-Page 2
The commission discussed and/or commented on: Butler, feels that the City is only
receiving half of a sculpture, the full sculpture is located in Los Angeles at the Autry
Museum of Western Heritage; Kennedy, agrees with Butler, does not feel that the
sculpture is an original piece of artwork; Kabler, feels this is a great sculpture for location
and will add to the site; Mazur, agrees with Kabler, was impressed by the rendering of the
sculpture, Kennedy, understands relationship with development but has an issue with the
fact that it is part of another sculpture elsewhere and that it does not qualify as an original
sculpture, Butler, does not feel this is an original work of art, Chair Stone, agrees with
Butler, the Images at the November meeting have the same title as the sculpture located
at the museum in Los Angeles, now the title of the work has been changed to "America's
Favorite Singing Cowboy", the original work that the sculpture is derived from can be
purchased on the internet in unlimited quantities, does not think that it meets the
originality test of the ordinance, feels it is not in the best interest of the program to
approve a work so derivative of a sculpture located elsewhere. Supports the project and
the desire to pay tribute to Gene Autry, does not think this sculpture does that.
Motion by Butler, second by Kennedy, to approve resolution recommending the
approval of the Nicholas Group's Proposal for the public art installation "America's
Favorite Singing Cowboy". Motion failed 2t4 in a roll call vote (Commissioner
Stern not present).
ADJOURNMENT: The Public Arts Commission adjourned at 4:15 p.m. to a Regular meeting, Thursday,
December 11, 2008, at 2:00 P.M. at City Hall, Large Conference Room, 3200 E. Tahquitz Canyon Way,
Palm Springs, California.
APPROVED BY A MOTION OF THE CITY OF PALM SPRINGS PUBLIC ARTS COMMISSION THIS
11th, DAY OF DECEMBER, 2008.
Respectfully Submitted,
Jennifer Henning
Public Arts and Special Projects Coordinator
RESOLUTION NO.
A RESOLUTION OF THE PUBLIC ARTS COMMISSION
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING THE NICHOLAS GROUP'S PROPOSAL
FOR THE PUBLIC ART INSTALLATION "AMERICA'S
FAVORITE, SINGING COWBOY", BY ARTIST DE
L'ESPRIE TO BE LOCATED AT THE GENE AUTRY
PLAZA PROJECT, 650 SOUTH GENE AUTRY TRAIL
AND PLACED AT THE PROJECT SITE'S MAIN
CORNER ON RAMON ROAD AND GENE AUTRY
TRAIL.
WHEREAS, the City Council created according to Chapter 2.24 of the Palm
Springs Municipal Code (Section 2.24.010) the Public Arts Commission; and
WHEREAS, at the November 13, 2008 Public Arts Commission meeting, The
Nicholas Group presented a public art proposal by De L"Esprie ("Artist"), for the
Gene Autry Plaza Project located at 650 South Gene Autry Trail; and
WHEREAS, the Artist presented a proposal for the installation of a large scale
figurative bronze sculpture of the actor Gene Autry, 7 feet high, 5 feet wide and 5
feet deep titled "America's Favorite Singing Cowboy"; and
WHEREAS, the proposed site for the installation is at the Gene Autry Plaza
Project site's main corner on Ramon Road and Gene Autry Trail; and
NOW, THEREFORE, be it resolved that the Public Arts Commission approves
the proposal by The Nicholas Group to install the public artwork titled "America's
Favorite Singing Cowboy" by artist De L'Esprie at the Gene Autry Plaza Project,
650 South Gene Autry Trail, at the project site's main corner on Ramon Road
and Gene Autry Trail.
ADOPTED the day of , 2008
John Raymond, Director
Community & Economic Development
ATTEST:
Jennifer A. Henning, Public Arts & Special Projects Coordinator
cn
art is proposed for a new project
(I i J Establish management policies for documentation,registration,maintenance
and conservation of all artwork
(12) Develop a public information program.
(13) Provide grants or loans to fund public dducation concerning art but funded
solely through private donations or endowments, and not from any funds
collected pursuant to 3.37.070.
(14) Act in an advisory capacity to the planning Commission for review of works
of ari that are privately funded on private property that can be seen from the
public right-of-way.
SECTION 2. A new Chapter 3.37 is hereby added to the Palm Springs Municipal Code to
read in its entirety as follows:
Chapter 3.37
PUBLIC ARTS FEE, FUND AiVD PROGRAM
I
Se 'o's
I
1. 7.010 Purpose.
3.37.020 Program Execution.
3.37.030 Definitions,
3.37.040 Public Arts Fund.
3.37.050 Projects Subject to Public Arcs Program Requirements_
3.37.060 Certificates of occupancy.
3.37.070 Requirements to Provide Artwork or Pay Development Fee.
I 3.37.080 Art Site Acceptability,
3.37.090 Criteria for Artwork Selection.
3.37.1,00 Maintenance of Artwork.
3.37.f 10 Application Procedures for Placement of Artwork on private Property.
3.37.120 Approval Procedures for Placement of Artwork on Private Property.
3.37.130 Procedure for Refund of Public Arts Fee forArtan4jeu of Fee.
3.37.140,Ownership of Artwork on Private Property.
3.37.150 Application Procedure for Donation of Artwork to the City.
3.37.150 Review and Acceptance of Artwork Donated to the City.
.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
t environment and unique character of Palm Springs by providing for the
acquisition and maintenance of quality works of public art.
(bJ The City Council finds and declares as follows:
(1) Cultural a9d artistic resources enhance the quality offife for individuals
living in,working in and visiting the City.
(2) Balanced developmenlof cultural and artistic resources preservesand
Plge 3
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 forcultural 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 forthose opportunitiesand 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,
3.37.020 Program Execution. The Palm Springs Public Arts Commission shall carry
out the duties established by this Chapter.
3.37.030 Qefinitions. For the purpose of this Chapter.
(1) "Commission"shall mean the Palm Springs Public Arts,Commission.
(2) - "Public Arts Fund" shall mean a separate fund and account which is
established to receive monies collected for the designated purposes of the
Public Arts Program.
j3f "Public Arts Program"shall mean the program adopted by the City Council
of Palm Springs.
j4) Arts Administrator" shall mean the staff person hired by the City to
administer the Public Arts Program. The salary and other compensation of .
the Arts Administrator, may be paid from the Arts Fund to the extent such
person is performing the duties prescribed herein.
3.37 040 Public Arts Fund.
(a) Creation. There is hereby established a"Public Arts Fund"into which shall be
deposited all funds collected under this Chapter of the Palm Springs
Municipal Code and such'other funds as may be appropriated by the City
Council ordonatedto the City -or expenditures in conjunction with the Public
Arts Program.
(b) Accounting. This fund shall be maintained by the City Treasurer,with
accounting records established to sufficiently identify and control these
funds. Expenditures shalt be processed through the Citys established
warrant payment procedure_
(c) Use of Fund. The funds shall be used solely for the acquisition,installation.
Page 4
improvement,maintenance and insurance of artwork to be displayed in the
city and the administration of the Public Arts Program.
(d) Permissible Fxpenditures:
(1) The cost of artwork and its installation.
R) The cost of purchase or lease of art sites.
(3) Waterworks, landscaping lighting and other objects which are
commissioned from an artist as an integral aspect of structure or site
or which are necessary for the property aesthetic presentation and
structural placement of the artwork.
(4) Frames,mats,pedestals,and other objects which arenecessaryforthe
Proper presentation of the artwork.
(5) Expenditures for maintenance and repair of artworks.
(b) Administrative expenses, including legal, to otherwise implement
uphold or cant'out any provision of this Chapter.
(e) 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 exceptwhen commissioned from an ardstas an
integral aspect of a structure or site.
(5) Architectural rehabilitation or historical preservation of buildings. f
(f) Endowments. The Public Arts Fund shall also be used as a depository for
endowments, bequests,grants or donations. Such endowments, bequests, i
grants or donations may be expended as set forth in 3:37.040(c)and(dj and
when approved by the Commission:
(1) Art exhibitions or displays.
(2) Promotion of art education within the community, either-separate
from or complementary to art programs of schools,museums or other
non-pro5t organizations.
(g) Replacement. For those artworks that have been purchased with monies
from the Public Arts Fund or donated to the City, the City Council may
determine to sell or exchange existing artworks for replacement artworks.
Any funds obtained from the sale of artwork shall be credited to the Public
Arts Fund.
3 37,050 projects Subject to Public Arts Program Re ui ements.
fa) Requirements. Except as provided below in 3,3 7.050(b),the requirements of
this Chapter shall apply to all works of construction and rehabilitation for
which a building permit is required,including, but not limited to:
Page 5
(1) New commercial and industrial construction.
(2) Remodeling or reconstruction of exisrng commercial or industrial
property.
(3) New residential subdivisions or developments of two or more units,
whether by detached single-family residential structures,
condominiums,apaaments,duplexes,townhouses or other dwelling
units being built in the same tract by the same owner or developer.
(4) New individual single-family residential units constructed on a lot
located in an existing subdivision whose building permit valuation is
over$100,000.
(b) Exceptions, The requirements of this Chapter shall not apply to the following
activities,
(1) Public projects undertaken by any agency of the City, the State,
County,School District or any other governmental entity.
(2) Remodeling, repair or reconstruction of structures to comply with
earthquake seismic safety code standards or which have been
damaged by fire,flood,wind, earthquake or other calamity.
(3) Remodeling,repair or reconstruction of residential units.
(4) Nonprofit social service or cultural institution projects.
(5) Low to moderate housing projects as defined by household income
Health and Safety Code Section 50093,
(6) Affordable housing developments receiving Gty, State or Federal
assistance.
(7) Private educational institutions which provide general education
equivalent to the public school system•(kindergarten through high i
school or any part thereof).
(8) Architectural rehabilitation or historical preservation of properties
which are designated as Class i Historic Sites by the City Council.
3. 7-060 C ifxcates o Oc u anc .
I
- (a) No final City approval,such as final inspection or a certificate of occupancy,
for any project subject to this Chapter shall be granted or issued unless and
until full compliance with the Public Arts Program isachieved,in one or more
4the following ways.
(1). Theapproved artworkhas been placed ina manner satisfactoryto the
Public Arts Commission.
(2) in-lieu an fees have been paid.
(3) Financial security in an amount equal tol the acquisition and
installation costs of an approved artwork, in a form approved by the
City Attorney,has been posted.
(4) An approved artwork has been donated and accepted by the Public
Arts Commission.
(b) Fuil compliance with the Public Arts Program shall not be deemed to exist
until the entire Program Allocation for the project,as defined in 3.3 7.070 has
Page 6
_ � z
i
been provided.
3-37.070 Requirement to Provide Artwork or Pa�Development fee.
(a) The applicant shall be deemed to have satisfied his or her obligations under
this Chapterthrough the placement of artwork in a manner consistent with
this Chapter, valued at an amount equal to the Program Allocation.
(b) In-lieu of placement of ail approved artwork,the applicant may,at his or her
discretion, pay to the City for deposit into the Public Arts Fund an amount
equal to the Program Allocation set forth in 3.37.070(d).
(c) Fees are to be collected with respect to all projects prior to issuance of a
building permit,except in the case of residential developments of more than
one dwelling unit, where the fee shall be collected on a pro rata basis for
each dwelling when it receives its final inspection or certificate of occupancy,
whichever occurs first,
(d) The Program Allocation, as used in this Chapter, is the percentage of the
building cost which is set aside for the City s Public Arts Program. The total
building valuation shall be computed using the latest Building Valuation Data
as set forth by the International Conference of Building Officials (iCBO)
unless, in the opinion of the Building Official,a different valuation measure
more accurately represents the value of the building. Excluding land
acquisition and off-site improvement costs,the program allocation shall bean
amount equal to the percentage of the total building valuation far an
i
applicable project,as listed herein:
(I) One half of one percent ('fib) for new commercial and industrial
construction.
(2) One halfofone percent pWo)forremodelorreconstructionofexisting y
commercial or industrial property.
(3) One quarter of one percent('f,RS) for new residential subdivisions or i
developments of two or more units, whether by detached single-'
family residential structures, condominiums, apartments, duplexes,
townhouses or other dwelling units being built in the same tract by
the same owner or developer. A project shall be considered a
developmentof two ormore unitswhen two ormore building permits
are issued to the same person for development of new residential-
structures within a one hundred and eighty(180) day period.
w (4) One quarter of one percent (%01u) for new individual single-family
residential units constructed on a lot located in an existing subdivision
for that portion of building permit valuation in excess of S 100,000.
(e) Nothing in this Section shall prohibit the applicant from placing an approved
artwork with acquisition and installation costs in an amount less than the
Program Allocation,provided that the applicant shall also pay to the Public
Arts Fund an amount equal to the difference between the Program
Allocation and the costs of acquisition and installation of such artworks
If) Nothing herein shall restrict the City Codncil from waiving the requirements
of this Chapter, in whole ar'in part, with respect to any project otherwise
subject to the provisions of this Chapter, provided that the City Council
Page 7
L.l
idetermines that the Project Applicant has entered into an agreement with
the City providing for the applicants acquisition and installation of artwork
in connection with the development of the projectwhich addresses the goals
and aims of this Chapter in a manner equally or more favorable to the City
than would be achieved by strict compliance with this Chapter. in such an
event, the City Council shall make findings to this effect on the basis of
substantial evidence.
3.37.080 ArCSiteAcceptability.
fat Placement of art by applicant. The applicant shall place artwork in outdoor
areas of the private property that are accessible and used by the public a
minimum of eighteen (IS) hours per day. Interior spaces,including lobbies,
courtyards, malls, etc., may be eligible if they are accessible to the public a
minimum of twelve (1 Z) hours per day.
(b] Art purchased through Public Arts Fund. When selecting the location foram
Purchased through the PublicArts Fund,preference shall be given to publicly
accessible public places. This wold include libraries,parks, office buildings,
sidewalks, traffic islands, etc. Lobbies, plazas, adjacent open spaces or
exterior treatment ofpublicly owned buildingsshall be potential sites,butthe
offices themselves of publicly owned buildings shall not be considered _
acceptable sites.
i
3.37. 90 C -teria orArhvorkSelection.
(a) Eligibility requirements for each project will be established by the public Arts
Commission. Specifically excluded are artworks done by students under the
supervision of art instructors to satisfy course requirements and artists who
are members of the Public Arts Commission. The following criteria shall be J
considered in the selection of artwork
{i) Quality of the artwork,
(2) Media—all visual art forms may be considered,subject to limitations
set by the selection jury or the Arts Commission. .
(3) Style—artworks of all schools,styles,and tastes should be considered
for the City Collection.
{4) Environment--artworksand artplaces should be appropriate inscale,
material, form and content for the immediate, general; social and
physical environments with which they relate.
f5) Permanence—consideration should be given to structural and surface
integrity, permanence, and protection _against theft vandalism,
weathering,excessive maintenance,and repair costs.
(G) Elements of design - consideration should take into account that
public art; in addition to meeting aesthetic requirements, also may
serve to establish focal points, terminate areas, modify, enhance, or
define specific spaces, or establish identity.
(7) Diversity-The Public Arts Program should strive for diversity of style,
scale, media, artists- including ethnicity and gender and equitable
distribution of artworks and art places throughout the City,
Page 8
- (b) The following methods maybe used to select artwork:
(1) Direct purchase: A completed work of art may be purchased for a
specific project or location.
(2) Direct commission: An artist may be chosen directly by,an artist-
selection juryand paid to submita proposal Artists will be selected on
the basis of their qualifications for a particular project and its
probability of successful completion.
(3) Limited competition: A small number of artists may be invited and
paid by the selection jury to submit proposals.
.(4) Open competition. Any artist may apply subject to limitations
established by the selection jury. No proposal fee is paid to artists,
however,a small number of finalists may be selected to submit details,
models or plans for which a fee is paid.
(c) In selecting an artwork,the Arts Commission may appoint a selection jury of
qualified persons. The jury shall be subject to the provisions of the Brown
Act.
(d) Review by Department.of Planning and Zoning-A Department of Planning
and Zoning representative shall review the artwork and its placement and
landscaping elementsand mayrefertheartworkto the Planning Commission
for approval pursuant to Section 9404.00 of the Zoning Ordinance.
3.37.1 00 Maintenance of Artwork on Public and Private Property.
(a) Public artwork on public property. A maintenance fund shall be established
as part of the Public Arts Program. Procedures for custody.maintenance and
conservation ofartworks shall be established by the Public Arts Commission
i as well asa maintenance schedule, Specific instructions for care.of each work
shall be kept on file•as part of the collection management. The Public Arts
Commission will strive to include maintenance provisions in the artwork
contracts stipulating the length of time(typically one year) the artist will be
.responsible for repairs, that urge artists to provide a maintenance manual.
and that allow the artist first-refusal on repair contracts within a fair market
rate of remuneration. Regular inspection-for-condition reporting shall be
conducted so that the collection is maintained in the best possible condition
assupervisedbydesignatedCitypersonnel. When necessary,a-cons�rvatlon
plan will be established prioritizing the work which is to be done.
(b) Private artwork on private property. The obligation to provide all
- maintenance necessary to preserve the artwork in good condition shall
remain with the owner of the site. Art installed on or integrated into a
construction project pursuant to the provisions of this Chapter shall not be
removed or altered without the approval of the Public Arts Commission.
Artwork installed pursuantto this Chaptershall be maintained as specified in
the written agreement between the Cityand the private property ownerwith
regard to thatartwork. Maintenance ofartwork,as used in this Chapter;shall
include without limitation,preservation of the artwork in good condition to
the -satisfaction of the City, protection of the artwork .against physical
Page 9
G
t
defacement,mutilation or alteration,and securing and maintaining fire and
extended coverage insurance and vandalism and other similar acts in an
amount to be determined by the City Attorney. Prior to placement of an
approved artwork,applicant and owner of the site shall execute and record
a covenant in a form approved by the City for maintenance of the artwork.
Failure to maintain the artwork as provided herein is hereby declared to be
a public nuisance, if the artwork is not maintained in the manner prescribed,
or is removed or altered without approval of the Public Arts Commission,in
addition to all other remedies provided by law, the City may, upon
reasonable notice, perform all necessary repairs, maintenance, secure
insurance, or take such legal or other action deemed necessary to have the
artwork maintained and if necessary,restored,and the costs therefore shall
become a lien against the real properry-
3 37.110 Appliratlon Procedures for Placement ofArtw4rk onprivate Property.Any
artwork being placed on private property as part of the City's Public Arts Program shall be
a one-ofa-kind piece. The City encourages applicant's to submit an application prior to the
develOpmentofthearchitecfs schematic design. The requirements and procedures forthe
processing of a Public Arts Program proposal application (an"arts application")shall be as
follows:
(1) Upon submission of a development project-opplication for a project subject
to the requirements of this Chapter,the Department of Planning and Zoning
shall provide to the project applicant a copy of this Chapter, an arts
i application form and the name and telephone number of the Civs Art
Administrator.
(2) The project applicant shall submit to the Arts Administrator the completed
arts application form,describing the manner in which the project applicant
intends to comply with this Chapter.
.(2) The arts application shall include:
(A) Preliminary sketches, photographs, or other documentation of
sufficient descriptive clarity to indicate the nature of the proposed
artwork.
lB) An appraisal or other evidence of the value of the proposed artwork.
including acquisition and installation costs.
(C) Preliminary plans containing such detailed information as may be
required by the Public Arts Commission to adequately evaluate the
location of the artwork in relation to the proposed development and
its cbmpatibility with the proposed development(the artwork shall be
an integral part of the landscaping and/or architecture of the
building), including compatibility with the character of adjacent
conforming developed parcels and existing neighborhoods if
necessary to evaluate the proposal,and,
(d) A narrative statement to demonstrate that the artwork will be
displayed in an area open and freely available to the general public,
or otherwise provide public accessibility in an equivalent manner
based on the characteristics of the artwork or its placement on the
site.
Page 10 j
(E) Maintenance factors required to insure its permanence.
3-27.120 Approval Procedures for Placement of Artwork on Private Property.
(A) The application for the proposed artwork and its placement will be
considered at a monthly public meeting of the Palm Springs Public
Arts Commission. A department of Planning and zoning
representative will also review the artwork and its placement and
landscaping elements and may refer the application to the Planning
Commission for approval pursuant to Section 9404.00 of the zoning
ordinance. Any changes, questions or recommendations shall be
conveyed in writing to the applicant The Commission will determine
when all issues have been addressed and accept or reject the artwork.
The applicant will be notified in writing of the Public Arts
Commission's decision.
(0) If the applicant proposes or the Planning Commission or City Council
recommends significant revisions to the architecture or physical
design and layout of the proposed project subsequent to the receipt
of the Public Arts Commission's approval, the application shall, if
legally permitted, be returned to the Public Arts Commission for
further reviewand recommendation concerning the revised proposal
prior to final approval unless the Council otherwise directs.
(C) A contract between the City and the applicant spelling out all
requirements, including insurance and maintenance, shall be
executed prior to the City's formal acceptance of the applicant's art-in-
lieu proposal,
3.3 ..130 Pr ce ur for efundofPublicArtsFeeforA kin Lieu of ee. If in-lieu
artwork has been placed subsequent to payment of a public art fee, the applicant shall
submit to the Arts Administrator a written request for refund of the amount spent on i
artwork placed on the applicant's property. The amount to be refunded shall not exceed
the amovnttharvvould have been paid into the Public Arts Fund should the applicant have
chosen to paya fee instead of placing artwork on the site. The request for reimbursement
shall be submitted after the artwork is installed, approved by the Public Arts Commission
and accepted by the City.
3 37.14p Ownership pf Artwork on Private Property. Artwork placed on the
applicclnrsPrOPerty-bythe applicant in satisfaction of the applicant's program req pirernent I
shall remain the property of the applicant.
.3,37_ 1So application Procedure far donation Of AoWQrL to the City. The -
Prospective donor shall submit to the Arts Administrator:
(2) Sketches, photographs, or other documentation of sufficient descriptive
clarity to indicate the nature of the proposed artwork to be donated.
PY Additional samples of artist's work other than the proposed donation.
(4) Background information on artist who created the proposed donation.
(S) Installation costs, if available.
N Maintenance factors required to insure its permanence.
Page 11 7
3.37 160 Rev"iewand Acceptance of Artwork Donated to the City. The proposed
donation will be considered at a monthly public meeting of the Public Arts Commission.
All details of the proposed donation, including the feasibility and expense of placing and
caring for the work of art will be considered. The Commission will review and discuss the
donation and will direct the Arts Administratoras to any questions to be asked of the donor
or artist A personal appearance by artist may be requested. The Commission will
determine when all issues have been addressed and accept or reject the artwork.
SECTION 3. Section 9311.00 of the Zoning Ordinance of the Cityof Patin Springs is hereby
repealed and of no further force or effect.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty(30)
days after passage.
SECTION S. PUBLICATION, The City Clerk is hereby ordered and directed to certify to the
passage of this Ordinance, and to cause the same or a summary thereof or a display
advertisement.duty prepared according to law, to be published in accordance with law.
ADOPTED this day of 1994.
AYES.
NOES,
ATTEST. CITY OF PALM SPRINGS, CALIFORNIA
By:
City Clerk Mayor
IzEVIEWED AND APPROVED,
Page IZ
u�
Q,ppLM SAq
,N City of Palm Springs
* Community Redevelopment Agency
{ yC0' RAYED%q
c441FORNtP MEMORANDUM
Date: December 22, 2008
To: Craig A. Ewing, AICP, Director of Planning
From: Jennifer Henning, Public Arts and Special Projects Coordinator
Re: Public Art Placement: Gene Autry Plaza Project, 650 South Gene Autry
Trail
On November 13, 2008 the Public Arts Commission did not approve a recommendation
to place artwork at the Gene Autry Plaza Project, located at 650 South Gene Autry Trail-
The proposed site for the sculpture is at the southeast comer of the project at Gene
Autry Trail and Ramon Road. The sculpture is cast bronze with a natural bronze patina
finish. The overall size of the sculpture is seven (7) feet tall, five (5) feet wide and five
(5)feet deep.
The proposal is for the installation of a large scale figurative bronze sculpture of the
actor and philanthropist Gene Autry, entitled America's Favorite Singing Cowboy, by
artist De L'Esprie. The sculpture will be placed on a bronze rock formation which will sit
on a low cement pedestal, approximately twelve (12) inches high, with a step leading up
to the statue. - The sculpture weighs approximately fifteen hundred pounds, will be
placed on a circular concrete pad with built-in lighting and installed approximately
twenty (20) feet behind the property.line at the corner of Gene Autry Trail and Ramon
Road.
In accordance with the Public Arts Ordinance No. 1479 of the Municipal Code Chapter
3.37.090 (d) Review by Department of Planning and Zoning - a Department of Planning
and zoning representative shall review the artwork and its placement and landscaping
elements and may refer the artwork to the Planning Commission for approval pursuant
to Section 9404.00 of the Zoning Ordinance.
Findings: The artwork meets the criteria for Art Site Acceptability Chapter 3.37.080 (b)
of the Public Arts Ordinance No. 1479. The artwork also meets requirements under
Chapter 3.37.090 Criteria for Artwork Selection (a) as it relates to quality, style,
environment,'permanence, and elements of design and diversity.
Staff is requesting the Planning Director's approval for the placement of artwork at the
main southeast corner of the Gene Autry Plaza Project located at 650 South Gene Autry
Trail.
c ,
Ua
CITY OF PALM SPRINGS
DEPARTMENT OF' PLANNING SERVICES
-
MEMORANDUM
Date: December 30, 2008
To: Jennifer Henning, Public Arts and Special Projects Coord'nator
From: Craig A. Ewing, AICP, Director of Planning Servic
Subject: Placement of Public Art—"Gene Autry Plaza" 650 Seuth Gene Autry Trail
On December 30, 2008, staff reviewed your memo and attachments regarding the
placement of a metal sculptures at the corner of the Gene Autry Plaza retail center
(Case No. 3,3036) at the above address. In accordance with Section 3.37.090, the
Municipal Code requires that a representative of the planning department "...review the
artwork and its placement and landscaping elements." The department may forward the
art project to the Planning Commission for review under the Architectural Review
Procedures of Section 94.04 of the Zoning Code.
In order to avoid duplication of review authority over art esthetics, the planning staff
limits its review of the art project to the placement of the pieces at the site. Specifically,
the planning staff considers if the art pieces are located within an approved landscape
area of the project, contribute to the overall scale and design of the immediate vicinity
and avoid the potential for any hazardous conditions.
In this case, the metal sculpture is located at the corner of the site, facing the
intersection of Ramon Road and Gene Autry Trail. It is to be located within the
landscaped portion of the corner and its placement and height will emphasize the area
as a landmark at an intersection of two designated Major Thoroughfares. At a height of
eight (8) feet, the sculptures will be a significant visual element of the landscaped area,
but will not be as tall as the adjacent structures.
Staff understands that the structure is not intended to be for climbing or other play
purposes. To avoid any potential hazards, staff recommends that the sculptures be
located, as follows:
1. At least three feet from any sidewalk, and
2. At least six feet from any wall or monument sign.
The sculptures must also provide sufficient anchoring to resist any lateral displacement.
The Department of Building and Safety shall review the anchoring system prior to
installation.
3200 E. TA14OVITZ CANYON WAY, PALM SPRINGS, CA 92262
TEL: (760) 322-824S FAX: (760) 322-6360
- - NICHMASG'.OUP -
December 12,2008
' Ms.Jenni£ex 7lennin,g ,
Public Arts&Special,Projects Coordinator:
Community&Econothic Development. _
CITY of PALM spkjNTTGs
3200 E.Tahquitz Cany oa Way
Palm Springs,CA 92.262
Dear Ms.-Henning; -
Thank you again for your on-going communication and direction during the approval
process of to pruposed hronzu sculpture honoting Gene Autry-and part of the Gene
Autry Plaza neighborhood retail project, in Pnim Springs.
While we can appreciate the Palm Springs arts commission's point-of-view—to
characterize the piece as not meeting the `one-of a-kind' ordinance criteria,as we
explained dusting our November 13,2008 presentation,is simply not true. Regardless of
its similarity to any other existing bronze of Gene'Autry that exists inthe world, as we
noted,the re-dcsign and re-casting.of this piece will. in fact,be unlike'any other bronze
of Mx"Autry-" and include unique fitletname and foundation.and Rill be signed`l of I"
by the artist.
It also has the enthusiastic endorsement of Mrs.]ache Autry,who continues to honor the
myriad of business and philanthropic contributions her late husband has made and
continues to mA-c to the City of Palm Springs and the entire Coltcbella Valley.
Ulthnately,we were disappointed.that the Arts Commission rejected.the piece — and
would like to request that the approval of the sculpture be-moved into final consideration
With the Palm Springs City Council:_where it can be reviewed for its complete merit,
which includes appropriateness of the piece to the site and for whom the center is named_
w
I took forward to hearing from you as soon'as possible about next steps—and can be
reached at my office at 760;341-990
Cordially,
George Nicholas,Jr.
Founder and Managing Partner
cc: David heady
Palm Springs Arts Commission
_73-111 E1 P""6,,,200
_ tNeP�Pi1e:1fi6341-9904 - Imo— �� '
1
F,x_7Bl-gap-3T9&-
- F-m A:gMt _ cum s i
Page 1 of 2
Kathie Hart
From: George Nicholas[g2@tng-2.com]
Sent: January 15, 2009 5:55 PM
To: Jennifer Henning
Cc: Richard Kerlin; Milt Jones; Kathie Hart, Jim Slaught
Subject: RE: Public Art Appeal -Jan. 21
Ms. Henning,
I accept and waive on behalf of the applicant the City requirement for the 10-day notification prior to City Council
consideration on January 21, 2009.
It was my understanding from our meeting last week that the City requested of the applicant to postpone the appeal in
front of the City Council from the January 7111 Agenda to January 215t . We also discussed at this meeting that I
would represent your concerns and recommendations of the art piece to the group and if there was a change in
direction to the our application presently in front of the city I would notify you and we would then postpone the appeal
from the Council's Agenda.
We have met and we will proceed with the application as presented and will address the Public Art Committee's
"ONLY" concern in which you stated "the art piece was not an "ORIGINAL" piece of art" and we are prepared to have
that discussion with council if necessary.
I would like to make sure that the following language is included in staffs report to Council which will confirm our
conversation in person on January Gth
1: The developer is requesting a credit of the Public Art Fee from the City which is approximately +1-$25,000
(twenty-five thousand dollars) and for that will provide an access maintenance easement in favor of the City of
Palm Springs for the purpose if the Owner/Developer of the project fails to adequately maintain the public art
piece:
2: The developer will carry liability insurance in the amount of the cost of the public art piece
3: The developer will maintain the public art piece. (I would like to understand the city's procedure for pubic art
and the notification process to the developer for non-maintenance of Public Art) Please provide me with this
information):
These points need to be included in your report to council so that we are clear on them and if there are any other
conditions or comments. I would like to speak with you in the morning or at your first available and review/discuss the
Staff Report that will be presented to the City Council.
Thank you. George
From: Jennifer Henning [mailto:Jennifer.Hen ning@palmsprings-ca.gov]
Sent: Thursday, January 15, 2009 9:20 AM
To: George Nicholas
Cc: Richard Kerlin; Milt Jones; Kathie Hart
Subject: Public Art Appeal -Jan. 21
importance: High
Mr. Nicholas,
Pursuant to PSMC Section 2.05,050, this item shall be presented to the City Council for
consideration within 45-days of your appeal being filed, no later than Saturday, January 31,
2009; and the appellant shall be notified in writing 10-days before it is presented to the City
Council for consideration. As of today there is less than 10-days before Jan. 21, 2009 City
Council meeting; will you be willing to consent to this item being placed the January 21, 2009,
agenda?
n
c. G
O1115109
Page 2 of 2
Your response to this email will support this requirement in lieu of the City sending you the
notice. Thank you for your cooperation with this matter.
Best,
Jennifer Henning
Public Arts&Special Projects Coordinator
Community&Economic Development
City of Palm Springs
Tel:760.778.8408
Fax:760.322 3325
www.palmsprings-ca.gov
01/15/09 _ - -