CITY OF COMMERCE
AGENDA REPORT
TO: Honorable City Council
FROM: City Manager
SUBJECT: Approval of Transportation Art Maintenance Agreement with the State of California Department of Transportation MEETING DATE: January 28, 2025
RECOMMENDATION:
The City Council will consider adopting a Resolution approving the Transportation Art Maintenance Agreement (TAMA) between the City of Commerce and the State of California Department of Transportation (Caltrans).
BACKGROUND:
In 2021 the California Department of Transportation (Caltrans) developed the Clean California Local Grant Program (CCLGP) as part of a two-year program through which approximately $296 million in funds slated for local communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces. Through the combination of adding beautification measures and art in public spaces along with the removal of litter and debris, this effort enhances communities and improve spaces for walking and recreation. The grant was made available on December 1, 2021, to local communities through a competitive process under two cycles.
On February 1, 2022, City applied for Clean California Cycle 1 grant and was awarded $4,955,257 for improvements at various city parks and murals.
On March 28, 2023, through an RFP process a Professional Services Agreement with RJM Design Group, Inc., (RJM) in the amount of $399,980 was awarded. On August 8, 2023, City Council approved Amendment No. 1 to RJM’s Agreement to acquire the necessary intellectual property rights over the murals at various locations. On May 14, 2024, City Council awarded a Construction Contract to Vido Samarzich, Inc. for the infrastructure portion of the Project excluding the mural installations.
On February 13, 2024, Mural concepts were presented to City Council and on July 23, 2024, City Council approved a Professional Services Agreement with Vivache Designs for the installation of the Mural Designs at two locations on Caltrans properties in the city, Triggs Street and Leonis Tunnel under the 710 freeway.
ANALYSIS:
On April 10, 2024, staff completed and submitted a Transportation Art Proposal for mural installation to Caltrans for review and approval. Compliance with Caltrans’ Transportation Art program is required for placing mural on Caltrans assets. After several months of review process, on December 6, 2024, staff was informed to submit an executed copy of Transportation Art Maintenance Agreement (TAMA) between the City of Commerce and Caltrans (a copy is attached) as a part of Transportation Art Proposal. The TAMA sets the terms and conditions for the maintenance of the murals on Caltrans facilities throughout the life of the murals and is a required agreement to place a mural on Caltrans assets. Maintenance of the murals may be done by the City or by a hired Contractor. Based on July 2024 approved Agreement between Vivache Design (contractor) and the City, Vivache Design is authorized to maintain and make repairs to the murals upon City’s notice. Caltrans requires that the City’s contractor to maintain a $5M liability insurance during the life of the mural.
Upon Caltrans receipt and execution of the TAMA, the City will be notified and authorized to proceed with the Mural installation upon obtaining an encroachment permit from Caltrans. It is anticipated that work can commence in April and would take approximately 6 months to complete.
The approval of the TAMA is also exempt from further review under the California Environmental Quality Act (CEQA) Guidelines Section 15378 as it is not considered a “project” as it does not have the potential to result in direct or reasonably indirect physical changes in the environment. In addition, the action would be exempt under the “commonsense” exemption pursuant to CEQA Guidelines Section 15061(b)(3) where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
It is recommended that City Council adopt a Resolution approving the Transportation Art Maintenance Agreement (TAMA) between the City of Commerce and the State of California Department of Transportation (Caltrans).
ALTERNATIVES:
Approve staff recommendation
Disapprove staff recommendation
Provide further direction to staff
FISCAL IMPACT:
The total estimated cost for the maintenance of the Murals is unknown at this time and will be based on required repairs and maintenance.
RELATIONSHIP TO STRATEGIC GOALS:
This agenda item relates to the 2016 Strategic Plan, Community Quality of Life Guiding Principle 4:
Support and evaluate community services, programs and events that promote healthy and quality lifestyles for our residents. Enhance public safety and social services through innovative programs that meet the needs of the residential and business communities.
Recommended by: Vilko Domic, Assistant City Manager
Reviewed by: Vilko Domic, Assistant City Manager
Approved as to form by: Noel Tapia, City Attorney
Respectfully submitted by: Ernie Hernandez, City Manager ATTACHMENTS:
Resolution
Draft Transportation Art Maintenance Agreement