TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Mark Leyman, Parks and Recreation Director
Eilen Stewart, Cultural Arts Manager
SUBJECT:Title
Consideration of a Resolution Approving a One-Year Loan Agreement of the “Surf Ascension” Sculpture by Artist Domisi Keven Parham and Allocate Funding from the Public Arts Trust Fund in the Amount Not-to-Exceed $12,000 (Parks and Recreation Director Leyman).
(Estimated Time: 30 Mins.)
DISCUSS AND PROVIDE DIRECTION
A) ADOPT RESOLUTION NO. 23-0038
B) APPROVE LOCATION
C) ALLOCATE FUNDS
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Recommended Action
RECOMMENDATION:
Staff recommends that the City Council discuss and provide direction on the one-year loan of “Surf Ascension” Sculpture by Artist Domisi Keven Parham, and if approved:
A) Adopt Resolution No. 23-0038;
B) Approve proposed location for the sculpture at 3421 Highland Avenue;
C) Allocate funds from the Public Arts Trust Fund (PATF) for the installation, maintenance, and operation of the sculpture not-to-exceed $12,000 for the one-year loan period.
FISCAL IMPLICATIONS:
If accepted and approved, the scope of work covered by the Art Loan Agreement provides for a $2,000 Artist Honorarium and an amount of up to $7,000 for necessary repair and maintenance, for a total sum not-to-exceed $9,000. The Artist Honorarium will offset the cost to transport, install, and remove the artwork as well as to operate twelve monthly light shows over the one-year display period. Additionally, staff recommends allocating an additional $3,000 to pay for the use of Public Works staff and equipment during the installation and removal of the artwork. The total allocation requested for this project is $12,000 from the Public Arts Trust Fund (PATF).
The PATF currently has a total balance of about $2.2 million with an unallocated balance of $674,530. The use of PATF funds for this project is congruent with the purpose of the PATF as detailed in the Manhattan Beach Municipal Code Section 10.90.050.
BACKGROUND:
The North Manhattan Beach Business Improvement District (NMB BID) began discussing the commission and installation of a large scale iconic sculpture several years ago to identify the North Manhattan Beach area as a desirable destination for tourism and serve as a beautifying feature. The intent was for the NMB BID to commission the artwork, gift it to the City of Manhattan Beach, and contribute funds for maintenance of the piece until it was no longer owned by the City of Manhattan Beach.
The NMB BID contacted artist Domisi Parham and engaged his services in building a large scale, stainless steel and quartzite sculpture of a surfboard. It was the intention of the NMB BID to assist the artist in funding creation of the artwork, including fundraising for the materials and fabrication, and covering the costs of installation, transportation, ongoing maintenance, and several key components of the artwork itself (including the cost of programming the LED lighting, the cost of the donor plaque, and other necessary items).
In 2020, the NMB BID contacted staff, who outlined a path to bring this project to completion including the need for permits, public notice, Cultural Arts Commission recommendation, and City Council approval. Staff met with members of the NMB BID and the artist on multiple occasions to discuss challenges of the desired location and the proposal. Challenges identified by staff in 2020 included the need for the artwork to have electrical power and WiFi connectivity, use of the quartzite stone and its potential fragility, and others. Staff worked with the Artist to resolve several issues, including eliminating the need for WiFi by having Artist program the light shows on site, and eliminating the need for electrical hook up by having artist bring in a portable battery pack for each light show. Staff advised the NMB BID and the artist not to begin constructing the artwork until the project and location were approved by City Council and all permits were filed and approved.
During a discussion in 2022, staff again raised questions concerning the durability of the quartzite stone as this material is neither intended for outdoor sculptural use nor has been used for such a purpose by the artist previously. Due to the design and construction of the artwork, should a quartzite panel be damaged, it would be very difficult for someone other than the artist to repair the damage or replace the panel. The repair would necessitate a significant amount of labor, time, expertise, and cost, which would necessarily be absorbed by the City for the duration of the useful life of the artwork. Should the artist not be available to make such a repair in the future, it was unclear as to whether it would be possible to have another craftsperson repair the piece. Additionally, should such a repair be necessary, the artwork would need to be removed from its location for a duration of up to 45 days.
In response to these concerns, the NMB BID and the artist repositioned the proposal to donate the sculpture as a temporary, one-year loan instead. During the period of this loan, the NMB BID will be responsible for any and all maintenance, repair, and replacement costs associated with the artwork. Should the artwork become damaged during this time, the artist will be engaged by the NMB BID to complete the repair with the NMB BID reimbursing the artist for the cost of materials and labor. At the end of the loan term, the NMB BID intended to revisit the concept of donating the piece as a permanent sculpture to the City of Manhattan Beach.
As staff began to prepare the Artist Agreement for the proposed one-year loan of the artwork, the City’s Legal Counsel determined that the NMB BID was not legally able to utilize its funds for any portion of this project. The NMB BID now requests that the City Council allocate funding for this project from the PATF.
Artist Domisi Parham, engaged by the NMB BID to create this artwork, is a survivor of a brain tumor, who began sculpting while recovering from his illness. This artwork is titled “Surf Ascension” and is dedicated to those suffering from cancer and brain trauma. While Mr. Parham has made several small steel sculptures, this is the first piece he has constructed utilizing quartzite elements and lighting components as well as the largest artwork he has created.
The proposed sculpture is roughly 11 feet tall by two and a half feet wide, and weighs approximately 1,500 lbs. The artwork is constructed of 316L stainless steel and quartzite (sometimes referred to as quartz, this is a man-made resin and stone material, most commonly used for interior countertop installation). The artwork is equipped with low voltage LED lighting behind each quartzite panel. The LED lighting can be programmed to display a variety of colors and patterns to coincide with holidays and special events. If approved, the artist would collaborate with the City and the NMB BID to schedule and present twelve monthly light shows. For each light show, the artist would bring in an external battery pack, which would be secured in the base of the artwork during the show, and program a specific light display for a duration of three to four hours in the evening. At the end of every light show, the battery pack would be disconnected and removed by the artist, leaving the artwork unlit.
Staff from Parks and Recreation, Community Development, Building Safety, and Public Works met with the Artist on numerous occasions, including several visits to the proposed site. Additionally, multiple staff communicated via email and phone to guide the Artist through the process and ensure that the artwork met City code, engineering requirements, public safety needs, right of way restrictions, and other necessary parameters.
DISCUSSION:
The proposed location for the sculpture is just north of the North End Caffe at 3421 Highland Avenue. The artwork would be presented in its unlit state with twelve scheduled light shows to be executed by the artist.
The artwork would be installed and removed with the assistance of two Public Works staff and the use of a City forklift and other equipment on two separate days. This work would be billed to the Public Art Trust Fund at a cost of $3,000 for both installation and removal. Additionally, if approved, $2,000 would be issued as Artist Honorarium to Domisi Parham for the transportation and installation of the artwork as well as for the production and execution of the twelve monthly light shows. Lastly, a maintenance budget would be allocated, not-to-exceed $7,000 for the necessary repairs of the artwork, should it be damaged during the one-year loan period. The maintenance and repairs during this time period would be completed by artist Domisi Parham, following the fee schedule outlined in the Artist Agreement Exhibit B (see attachment).
Staff recommends City Council discuss and provide direction.
PUBLIC OUTREACH:
This item was presented to the Cultural Arts Commission on October 17, 2022 and again on November 21, 2022. The Cultural Arts Commission voted unanimously to approve this project and recommend it to City Council for approval.
Additionally, a survey postcard was sent out to residence owners within 1000 feet of the proposed location. Staff received 57 survey results, with 68% of responders in favor of the project and 32% opposed. Detailed survey results and comments are attached.
ENVIRONMENTAL REVIEW:
The City Council’s discussion of the proposed sculpture at 3421 Highland Avenue is not a “project” as defined under Section 15378 of the State California Environmental Quality Act (CEQA) Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus no environmental review is necessary. In the event that the City Council directs staff proceed with the project, at that time, the project would require a Coastal Development Permit, which would be subject to CEQA.
LEGAL REVIEW:
The City Attorney has approved the agreement as to form.
ATTACHMENTS:
1. Resolution No. 23-0038
2. Agreement - Domisi Keven Parham
3. Artwork Survey Post Card and Survey Results
4. Artwork in Location Rendering
5. PowerPoint Presentation (NMB BID)