TO:
Honorable Mayor and Members of the City Council
THROUGH:
Talyn Mirzakhanian, City Manager
FROM:
Mark Leyman, Department Director
Eric Brinkman, Cultural Arts Senior Supervisor
SUBJECT:Title
Consideration of a Recommendation from the Cultural Arts Commission to Decline the Donation and End the Lease of the Surf Ascension Sculpture in North Manhattan Beach and Remove Artwork from the Public Domain (No Budget Impact) (Parks and Recreation Director Leyman).
(Estimated Time: 30 Mins.)
APPROVE CULTURAL ARTS COMMISSION RECOMMENDATION
Body
_________________________________________________________
RECOMMENDATION:
Staff recommends that the City Council approve the Cultural Arts Commission’s recommendation to decline the donation and end the lease of the Surf Ascension sculpture and remove the artwork from the public domain.
FISCAL IMPLICATIONS:
If the artwork is removed, the artist will be responsible for deinstallation and transportation per the terms of the original agreement. No additional costs are anticipated under this option.
If the City Council elects to extend the lease agreement, the artist has requested a $500 dollar per-month budget for maintenance and the continuation of monthly light shows for the extended loan term. Should the City accept the sculpture as a permanent donation, future maintenance and repair responsibilities would be assumed by the City and funded through the Public Art Fund (PAF) or another approved budget source. An annual maintenance plan and budget allocation would be necessary.
The PAF currently has a total balance of approximately $1.7 million, with an unallocated balance of $803,597.40.
BACKGROUND:
In 2020, the North Manhattan Beach Business Improvement District (NMB BID) initiated conversations with artist Domisi Keven Parham to commission a sculpture for North Manhattan Beach.
Staff engaged with the NMB BID and the artist to address technical, legal, and logistical challenges-ranging from power and Wi-Fi access to questions regarding the durability of materials.
Due to limitations on the NMB BID’s ability to fund the project directly, City Council directed staff to enter into a temporary one year lease with Mr. Parham at the April 4, 2023, City Council meeting. Resolution No. 23-0038 approved the installation, location, and a $9,000 allocation from the PAF to support installation, light shows, and maintenance contingency.
The sculpture has a height of approximately eleven feet and is composed of stainless steel and quartzite panels, backlit with programmable LED lighting. Monthly light shows are coordinated and executed on site by the artist using a portable power source.
At their May 19, 2025 meeting, the Cultural Arts Commission considered the expiration of the agreement with the artist, set to expire on July 1, 2025, and recommended ending the temporary lease and removing the artwork.
DISCUSSION:
Surf Ascension has been publicly displayed at 3421 Highland Avenue since mid-2024. Feedback from the public has been generally supportive. However, the Cultural Arts Commission finds the artwork unsuitable for permanent acquisition due to the fragility of its materials, specialized maintenance needs, and the on-going requirement for artist-operated light programming. This artwork bypassed the required approval process for donated artworks because the Cultural Arts Commission was not involved in reviewing or forwarding of the project to City Council. It was proposed by the North Manhattan Beach Business District as a project to enhance the area, which circumvented the Commission’s required involvement.
If the City Council opts to accept the sculpture as a permanent donation, staff would initiate a review process and finalize a donation agreement, formalizing City ownership and responsibility for maintenance.
If a lease extension is preferred, staff would negotiate terms with the artist for up to an additional three-year period and allocate $18,000 from the PAF to support light shows and address any required maintenance.
If the City Council directs staff to remove the artwork, the artist would be notified to proceed with deinstallation at no additional cost to the City.
Technical Assessment
The sculpture’s quartzite panels and custom LED system require specialized care. The sculpture is constructed using quartzite, a material that is not typically selected for outdoor public artworks. City staff have raised concerns about the durability of this material in an exterior, coastal environment. If a panel were to be damaged, repairing or replacing it would likely require the artist’s direct involvement due to the specialized nature of the materials and construction. Such a repair would demand significant time, labor, and cost, all of which would be the responsibility of the City. Furthermore, if the artist is not available in the future, it remains uncertain whether another craftsperson would be able to perform the necessary work. In the event of major repairs, the artwork would need to be removed from its site for up to 45 days.
Furthermore, light shows depend on the artist’s presence and expertise, creating an operational dependency beyond typical City resources.
Options for City Council’s Consideration:
1. Decline donation - direct staff to coordinate removal of the artwork by the artist.
PROS: Ends City obligations related to the artwork; avoids future maintenance costs.
CONS: Loss of a publicly favored sculpture; removes artistic enhancement from the neighborhood.
2. Accept the donation - Surf Ascension becomes part of the City’s permanent public art collection.
PROS: Adds a large-scale artwork to the City’s permanent collection; reinforces cultural investment in North Manhattan Beach; no future lease costs; artist could continue to provide monthly light shows subject to artist’s availability.
CONS: City assumes long-term responsibility and financial liability for maintenance and repairs, which includes custom materials.
3. Extend the loan agreement - City leases Surf Ascension for an additional term, potentially up to three years subject to mutual agreement with the artist and allocation of up to $18,000 from the PATF for maintenance.
PROS: Maintains public access to the artwork; defers permanent maintenance obligations.
CONS: Requires new funding allocation; and continued logistical coordination with artist for light shows.
Staff does not recommend accepting the donation due to the fragility of the quartzite, which raises significant durability and repair concerns, the reliance on sensitive electrical components and WiFi, and the reliance on the artist for ongoing lightshows and specialized repairs, which results in an unsustainable long-term maintenance plan. Additionally, the project bypassed Cultural Arts Commission review and did not follow the formal donation policy outlined in the Public Art Master Plan. Accordingly, staff recommends that the City Council approve the Cultural Arts Commission’s recommendation to decline the donation, end the lease of Surf Ascension, and remove the artwork from the public domain.
PUBLIC OUTREACH:
Staff solicited public input on the sculpture by mailing postcards to residential and commercial properties within a 500-foot radius, including those in the North Manhattan Beach business district. Only one response was received, and the resident expressed support for keeping the artwork. The item was discussed at the May 19, 2025 Cultural Arts Commission meeting.
ENVIRONMENTAL REVIEW:
The City has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 categorical exemption, Existing Facilities as defined in section 15301 of the CEQA Guidelines, as it consists of the operation, maintenance, permitting of an existing sculpture. Thus, no further environmental review is necessary.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Agreement - Surf Ascension
2. PowerPoint Presentation