Palm Springs historic board authorizes removal of Frank Bogert statue from in front of city hall

The statue of former Palm Springs Mayor Frank Bogert came closer to being removed from the front of city hall Tuesday after the city's historic site preservation board voted 4-2 to pass a motion permitting its removal.

However, the vote to approve came with what the board called " a strong recommendation that the city, and perhaps that means city council, will ensure the statue's relocation to a suitable publicly-accessible site in perpetuity."

Board chair Katherine Hough and member Stephen Rose voted against the motion to issue the certificate, while members Scott Miller, Janet Hansen, Daniel Kiser and Erik Rosenow voted in favor. Board member Jade Nelson abstained from the vote.

Mayor was in office during Section 14 removal

Bogert was a former Hollywood actor who lived in Palm Springs for seven decades and served as the mayor of the city from 1958 to 1966 and then again from 1982 to 1988. The statue was placed in front of city hall in 1990.

Bogert, who died in March 2009, is considered a key figure in Palm Springs' history because he helped popularize the city as a glamorous resort destination. However, he also was mayor in 1966 when the Agua Caliente tribe evicted residents of around 200 homes on tribal land known as Section 14.

Section 14 is a one-square mile section of land in the central city where many Black and Hispanic residents lived after the city pushed them out of downtown in the 1960s.

The Agua Caliente tribe had leased to Black and Hispanic residents because of land leasing laws that prevented the tribe from being able to lease land for longer than five years at a time. However, in 1959, a change in Federal law allowed tribal land to be leased for up to 99 years, paving the way for development.

According to the Los Angeles Times, Palm Springs' then-city manager reported in 1966 to the Bureau of Indian Affairs that the city had been able to “demolish, burn and clean up approximately 200 dwellings and structures.”

In September, the Palm Springs city council voted to begin the process of removing the statue, which would include getting the historic preservation board to determine the statue can be removed without compromising the integrity of the city hall historic site.

Some took issue with latest report

The Historic Preservation Board first considered whether to issue a certificate of appropriateness in December, ultimately voting to request that the city provide an evaluation of the statue itself as "historic resource."

That vote came after several board members took issue with a city staff report which suggested that the statue does not support, and arguably detracts from, city hall's status as a historic landmark because it was added to city hall decades after its completion and city hall's original architecture is the basis for it being a historic landmark in the first place.

The requested report was completed Jan. 24 by Architectural Resources Group, a firm specializing in architecture, historic preservation and planning. The report supported the city's assertion that the "period of historical significance" for city hall was 1956 to 1965, when the main building and an addition were completed. It labeled the statue as a non-contributing structure.

The report also noted that when the city initially designated city hall as a historic structure in 1996 it did not list "character-defining features" that contribute to the site's significance.

However, in 2012, the city council adopted a resolution stating that an historic designation "includes the structures, features and land" of the site bounded by the north parking lot and curb edges along Civic Drive to the north, Tahquitz Canyon Way to the south and El Cielo Road, except the landscaping materials therein," the report notes. The Bogert statue, which is located on the lawn, is within that boundary.

The report noted that "based on the original 1996 designation it is assumed that the building was landmarked for its Mid-Century Modern architectural design by master architect Albert Frey." The report did not further elaborate on how that conclusion was reached.

The report generated a mixed reaction from the council, with some taking issue with its assertion that the statue did not contribute to the historic nature of the site and should not be considered while others said they seemed consistent with prior preservation board precedent.

"In no instance can I recall a much later addition that was found to be contributing to the original historic resource...," said Miller of why he agreed with the report's findings. "So for me, it's very easy to come to the conclusion of this "addition," which is a statue placed on city hall grounds in 1990 will not have significant adverse effects on city hall as a historic resource."

But the board's discussion of the issue, which lasted a little over an hour, seemed to hinge on two issues: whether the fate of the statue should be decided by the board at all and if the board should, and even could, require that the statue be relocated to the historic Village Green Heritage Center in downtown Palm Springs as a condition of granting the certificate.

The Village Green Heritage Center is a group of historic structures in downtown that includes the city's first pioneer home and a recreated general store from the 1930s.

The latter possibility was suggested by Hough, who asked "why can't we all agree to relocate it, along with the rocks, to the Village Green where it can be re interpreted within a historical context?"

"Tell the history that has occurred in our city at the Village Green village," Hough said. "This is my recommendation so that we can all get along and resolve this controversial issue."

But while there initially appeared to be support for going that direction, the majority of the board ultimately agreed with Miller, who made the motion to grant the certificate and said he "did not want to go there."

Among those in agreement was Hansen, who said she felt the most the board could do was approve the issuing of the certificate and then make recommendations about what would happen to the statue going forward.

"I don't think we really have any say in where (the statue) goes specifically or what happens to it, once it is off the class-one historic site," she said.

Ken Lyon, the associate planner and historic preservation officer for the city who was advising the board on their decision, also said he did not feel the board had such power.

Instead, city law limits the board to deciding whether the removal of the statue would harm the integrity of city hall as a protected historic site. Therefore, it is not up to the board to determine what should happen to the statue, he said.

However, he suggested such a recommendation would probably be welcome by the city council, which he said would ultimately now decide what will happen to the statue. However, city attorney Jeff Ballinger has previously said that any decision by the board could also be appealed.

At one point, Kiser argued that it would only make sense to issue the certificate after it is determined where the statue should be moved to, a decision he said should be made either by the council or a vote of the people. Rose expressed agreement, saying "it feels like an integral part of this is knowing what they are going to do with the statue."

Miller, however, expressed strong disagreement, arguing that waiting until it is determined where the statue would go would put the board in an awkward position.

"That should not be in our motion, but I do support that we encourage the city to relocate it to an always accessible site," he said. "But to suggest otherwise and delay this issue again is ridiculous."

Following the vote, Lyon praised the board for "taking the uncomfortable position of taking a position."

"I want to just acknowledge this board because this is probably one of the most difficult decisions this board has been faced with in perhaps my entire tenure here..." he said. "And I think the motion was a good one that balanced everything you are hearing as well as your own views."

Paul Albani-Burgio covers breaking news and the City of Palm Springs. Follow him on Twitter at @albaniburgiop and via email at paul.albani-burgio@desertsun.com.

This article originally appeared on Palm Springs Desert Sun: Palm Springs historic board authorizes removal of Bogert statue