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HomeMy WebLinkAboutItem 12b - Public Art Space in Honor of Anita Baldwin DATE: January 19, 2021 TO: Honorable Mayor and City Council FROM: Dominic Lazzaretto, City Manager By: Michael Bruckner, Deputy City Manager SUBJECT: RESOLUTION NO. 7346 ACCEPTING A GRANT AND DECLARATION OF PUBLIC ART SPACE CONDITIONS, COVENANTS AND RESTRICTIONS; AND SUBORDINATION AGREEMENT FOR THE PURPOSES OF CREATING AND MAINTAINING A PUBLIC ART SPACE IN HONOR OF ANITA BALDWIN Recommendation: Adopt SUMMARY In order to satisfy the terms of the development agreement reached between the property owners of 100 W. Huntington Drive and the City of Arcadia, a section of the Le Meridien Hotel property shall include space for public art as determined by the City. At the February 4, 2020 City Council meeting, the Arcadia City Council directed staff to work with the developers of the Le Meridien Hotel to substitute the original Hometown Heroes themed art for a proposed statue in honor of Anita Baldwin. It was the intention of the property owner and the City that following the recording of the City Deed for the aforementioned property, there would also be a Grant and Declaration of Public Art Space Conditions, Covenants, and Restrictions (Exhibit “A” of Resolution No. 7346), but that document was not created or recorded upon commissioning of the artwork. Therefore, it is recommended that the City Council adopt Resolution No. 7346 accepting a Grant and Declaration of Public Art Space Conditions, Covenants, Restrictions and Subordination Agreement. BACKGROUND On May 3, 2018, the City of Arcadia and SAICP, LLC, entered into a Purchase and Sale Agreement (Exhibit “B” of Resolution No. 7346) for certain real property located at 100 W. Huntington Drive. The City agreed to sell the property under certain conditions as outlined in the Agreement. Specifically, the agreement calls for the purchaser to execute Resolution No. 7346 Grant and Declaration, Conditions, Covenants and Restrictions, and Subordination Agreement for Public Art January 19, 2021 Page 2 of 3 and record a Grant and Declaration of Public Art Space Conditions, Covenants and Restrictions for the purpose of furnishing and installing public art on Le Meridien Hotel site. This would ensure that the artwork would be commissioned, installed, and maintained in perpetuity by the property owner even if ownership changes over time. DISCUSSION The original theme for the public art was to be Hometown Heroes; however, at the March 3, 2020 City Council meeting, the theme was changed, with the agreement of the property owner, to a statue in honor of one of Arcadia’s pioneering women, Anita Baldwin. The estimated cost of the Anita Baldwin statue is $151,000 of which, per the Development Agreement, the property owner agreed to pay up to $75,000 for the cost of the statue. The balance of the costs for the statue has been secured through donations along with a $3,700 contribution from the City of Arcadia Public Art Fund. Included in the agreement is that a portion of the Le Meriden Hotel property be set aside for public art, and that the property owner agrees to improve the area around the statue with landscaping, and to maintain the public art. Further, the restrictions also maintain that the parcel can be used only for public art and cannot be altered without express written consent of the City. Finally, there is a certain Deed of Trust recorded by a lender against this real property. The lender has signed the Grant of Easement, subordinating its Deed of Trust to the Grant of Easement. FISCAL IMPACT Adoption of Resolution No. 7346 will have no financial impact to the City. Future maintenance of the Anita Baldwin Statue will be the responsibility of the property owner. ENVIRONMENTAL ANALYSIS The proposed actions do not constitute a project under the California Environmental Quality Act (“CEQA”), based on Section 15061(b)(3) of the CEQA Guidelines, as it can be seen with certainty that they will have no impact on the environment. Thus, these matters are exempt under CEQA. RECOMMENDATION It is recommended that the City Council determine that this project is exempt under the California Environmental Quality Act (“CEQA”); and adopt Resolution No. 7346 accepting a Grant and Declaration of Public Art Space Conditions, Covenants, Restrictions and Subordination Agreement for the purposes of creating and maintaining a public art space in honor of Anita Baldwin. Resolution No. 7346 Grant and Declaration, Conditions, Covenants and Restrictions, and Subordination Agreement for Public Art January 19, 2021 Page 3 of 3 Attachment: Resolution No. 7346 (including exhibits) Attachment No. 1 Exhibit "A" Exhibit "B"