9.d Staff Report Date: May 23, 2017 To: City Council From: Valerie J. Barone, City Manager Prepared by: Justin Ezell, Director of Public Works [email protected] (925) 671-3231 Subject: Considering placement of a statue of Don Salvio Pacheco in celebration of the 150th anniversary of the founding of Concord and in-kind City services in support of the project (General Fund). This project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement or Reconstruction, 15303- New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, 15311 – Accessory Structures, and 15323 – Normal Operations of Facilities for Public Gathering Report in Brief Ron Leone, acting independent of his Council position, is working with a community group, led by the Historical Society, to plan, fundraise and select a sculptor to create a bronze statue of one of the city’s founders, Don Salvio Pacheco. This group proposes to place a life-size statue in Todos Santos Plaza in celebration of the 150th anniversary of the forming of Todos Santos, and seeks Council support for their project. Recommended Action Authorize placement of a statue of Don Salvio Pacheco in Todos Santos Plaza and the provision of certain in-kind City services to support the project. Background In 1868 the Town of Todos Santos was formed. It was one year later that Todos Santos became “Concord.” To mark the 150th anniversary of the founding of Todos Santos a Page 1 of 4 City Council Agenda Report Considering placement of a statue of Don Salvio Pacheco in celebration of the 150th anniversary of the founding of Concord. May 23, 2017 special “Sesquicentennial Committee” was formed, guided by the Concord Historical Society and Ron Leone (acting independent of his Councilmember role). Members of the Sesquicentennial Committee gave a presentation to the City Council on March 28, 2017. A key element of the presentation included a proposal to place a statue of Don Salvio Pacheco at Todos Santos Plaza. The City Council directed the Committee on Policy Development and Internal Operations to consider the statue proposal. The Committee met on April 13, 2017 and during a special meeting which convened at Todos Santos Plaza on April 26, 2017. Analysis On April 13 and April 26, 2017, the Council Committee on Policy Development and Internal Operations discussed several key issues in relation to this proposal; including: • Location Approval. The Committee recommended approval to install the statue at Todos Santos Plaza; the specific location at the Plaza was determined during the special meeting held on April 26, 2017. The recommended location is at the entrance to Todos Santos Plaza, directly behind the existing archway, at the corner of Grant St and Willow Pass Road (see Attachment 1 – Statue Location Diagram). • City Support. The Committee recommended that in-kind services be provided by City staff to support the statue project. The in-kind services are limited to staff labor for activities such as site preparation, electrical work, and legal advice. Additionally staff is supporting the Sesquicentennial Committee by providing a meeting room, helping to design related fund raising materials and printing these materials. In total, the value of staff support to the project is estimated to be between $10-15k. The costs of designing, fabricating and installing the statue as well as all costs and time spent fundraising for the statue project will be borne by the Sesquicentennial Committee. • Statue Ownership. The Committee recommended that the City own and maintain the statue once placed in the park. Should the Council support this approach, the City Attorney will draft appropriate documents. • Statue Maintenance. The Committee recommended that the City be responsible for maintenance of the statue over time and repair the statue if vandalized. Costs associated with doing so are unknown. It is hoped that the statue will be designed and fabricated in a manner that minimizes the opportunities for vandalism and simplifies the repair of the statue and base if it is vandalized. • Moral rights. The Committee recommended that a written waiver of certain artist rights, including the right to veto a decision to remove the statue, be obtained from the artist selected to create the statue. If Council supports this approach, the City Attorney will prepare the necessary documents. Page 2 of 4 City Council Agenda Report Considering placement of a statue of Don Salvio Pacheco in celebration of the 150th anniversary of the founding of Concord. May 23, 2017 Financial Impact Any financial impacts to support installation of the statue are considered to be negligible because they will fall within existing budgetary confines (e.g. staff time, use of equipment, etc.). The financial impacts of future repair and maintenance are unknown at this time. Environmental Determination This project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act Guidelines Sections 15301 – Existing Facilities, 15302 – Replacement or Reconstruction, 15303- New Construction or Conversion of Small Structures, 15304 – Minor Alterations to Land, 15311 – Accessory Structures, and 15323 – Normal Operations of Facilities for Public Gathering because it involves the installation of a public work of art in an existing improved public gathering area, including related minor grading, concrete, and electrical work, and associated repair and replacement of existing facilities and improvements. Public Contact The City Council Agenda was posted. Attachments 1. Statue location diagram Page 3 of 4 ATTACHMENT 1 – STATUE LOCATION DIAGRAM Recommended statue location: Prominently placed at the entrance to Todos Santos Plaza, directly behind the existing archway, at the corner of Grant St and Willow Pass Road. Brickwork will be added to the walkway and around the statue to create room for congegration and an ADA accessible path of travel. This area has existing electrical for the addition of uplighting on the statue. Page 4 of 4 Don Salvio Pacheco Statue 150th Anniversary of Concord’s Founding Celebration City Council Meeting May 23, 2017 Approximate Location Approximate Location Requested Support Placement and acceptance of statue In kind services: staff time, printed material, site preparation On going maintenance
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