The proposed mural is titled “Canine Classics” (Attachment B) and depicts dogs of various breeds parodying famous album covers, set against a background reminiscent of The Beatles’ Abbey Road album cover. Each album vignette depicts the dogs as a parody to the people in the original album covers, and the name of an iconic song from the album. This use of the artists’ likeness and song titles are permissible under the law. Staff and the artist made a concerted effort to choose album covers to parody which are easily recognizable, multi-generational, and well-known. Working from left to right across the proposed mural, the proposed parodies are as follows:
Blondie’s song “One Way or Another” from their 1978 Parallel Lines album The Beatles’ song “Here Comes the Sun” from their 1969 Abbey Road album Chicago’s song “Colour my World” from their 1970 Chicago II album Selena’s song “Bidi Bidi Bom Bom” from her 1994 Amor Prohibido album The Gorillaz’s song “Feel Good Inc” from their 2005 Demon Dayz album Nirvana’s song “Come as You Are” from their 1992 Nevermind album Staff initially met with the Mural Committee on August 20, 2024 for their approval of the initial design, and met with them again on November 19, 2024 for their review of the final proposed design and location. The Mural Committee approved of the design and recommended that it move forward for formal contract approval by the City Council. If approved, the mural is proposed to begin installation in mid-December and should be completed within four weeks, weather permitting. The proposed agreement is included as Attachment C.
FISCAL IMPACT:
Funding for a mural installation was included as part of the FY 24-25 budget and is budgeted under account number 1010-0310-55010. Completion of the mural by AQMNI LLC is $41,674.19 and will include an additional 10% contingency of $4,167.42 for any unforeseen issues.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT (“Agreement”) is dated as of November 19, 2024, and is entered into by and between DIMITRIS CONSTANTINOU, an individual (“Licensor”), and the CITY OF COVINA, a California municipal corporation (“Licensee”).
RECITALS:
A. Licensor represents and warrants to Licensee that Licensor is the sole owner of the land and building at 128 E. College Street in the City of Covina, California (the “Property”).
B. Licensor desires to give Licensee the right to use the portion of the Property described on Exhibit “A” attached hereto (the “Licensed Premises”) to facilitate Licensee’s creating a mural on the side of the City’s parking facility building located at 124 E. College Street (“City Property”) adjacent to the Property, including but not limited to the use of a scissor lift, ladder, and other tools or equipment as needed to paint a mural on the City Property (the “Activities”), at Licensee’s cost.
NOW, THEREFORE, for and in consideration of the foregoing recitals, the mutual terms, covenants and agreements contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Licensor and Licensee agree as follows:
1. Term. This Agreement shall commence on December 9, 2024 and shall expire on January 9, 2025 (“Term”); however, Licensee may extend such initial Term by 14 days by written notice to Licensor given prior to the expiration of the initial term.
2. Use. Licensee may use the Licensed Premises during the term of this Agreement for the Activities and uses incidental thereto, and for no other use or purpose, and Licensor shall not interfere with such use. In connection therewith, Licensee shall comply with all laws applicable to Licensee’s Activities.
4. Indemnity. Licensee shall defend, indemnify, and hold harmless Licensor from and against any and all claims, liabilities, damages, losses, costs and expenses of any kind or nature whatsoever, including, without limitation, reasonable attorneys’ fees and expenses and court costs suffered, incurred or sustained by Licensor as a result of, by reason of, or in connection with the Activities.
5. No Recording, but Runs with Land. Licensor and Licensee intend that this Agreement bind Licensor and Licensor’s successors-in-interest and that this Agreement bind the Licensed Premises and run with the land with respect to such real property. Although this Agreement will not be recorded, Licensor agrees to disclose this Agreement to any successor-ininterest to Licensor.
6. Notices. Any notice, demand, request, consent, approval or communication hereunder shall be in writing; shall be delivered by certified mail (deemed delivered on date of delivery or attempted delivery on the return receipt) or reputable overnight delivery service
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(deemed delivered one business day after being given to the service for overnight delivery), and shall be addressed as set forth below.
If to Licensor, to: Dr. Dimitris Constantinou
1443 E. Washington Blvd., Ste. 315
Pasadena, CA 91104
If to Licensee, to:
City of Covina
125 E. College Street
Covina, CA 91723
Attn: Community Development Director
7. Assignment. This Agreement may not be assigned by Licensee.
8. Governing Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State of California.
9. Counterparts. This Agreement may be executed in counterpart originals (which must be duly acknowledged), each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.
10. Time. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor.
11. No Other/Prior Agreements. This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof.
IN WITNESS WHEREOF, Licensor and Licensee have executed this Agreement as of the day and year first written above.
LICENSOR:
DIMITRIS CONSTANTINOU, an individual
LICENSEE:
CITY OF COVINA
By:
Chris Marcarello, City Manager
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EXHIBIT “A”
DESCRIPTION AND DEPICTION OF LICENSED PREMISES
(Attached)
Total license area represented
in orange is approximately
473.33 square feet and is
approximately 10’ in width
and 47’-4” in length.
Attachment B – Proposed Mural
August 2024 -1-
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AGREEMENT BETWEEN THE CITY OF COVINA AND AQMNI LLC
FOR THE CREATION, SALE AND ASSIGNMENT OF ALL RIGHTS IN
MURAL COMMISSIONED BY THE CITY OF COVINA
THIS AGREEMENT is made and effective as of November 19, 2024, between the City of Covina (“City”) and AQMNI LLC, a California Limited Liability Company (“Artist”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. Term
This Agreement shall commence on November 19, 2024, and shall remain and continue in effect until tasks described herein are completed in accordance with the Scope of Services, but in no event later than February 1, 2025 unless sooner terminated pursuant to the provisions of this Agreement.
2. Services
Artist shall design, create, paint and install a hand-painted mural on the wall of the 124 E.
College Street as specifically described in Exhibit A, Scope of Work, and, further, shall perform the services and tasks described and set forth in Exhibit A (the “Mural”). Artist shall complete the Mural according to the schedule of performance which is also set forth in Exhibit A. Exhibit A is attached hereto and incorporated herein as though set forth in full.
3. Performance
Artist shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Artist shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Artist hereunder in meeting its obligations under this Agreement.
4. Payment
A. The City agrees to pay the Artist the sum of Forty-One Thousand Six Hundred Seventy-Four dollars and Nineteen cents ($41,674.19) for the work described herein, plus a ten percent (10%) contingency of Four Thousand One Hundred and Sixty-Seven dollars and Forty-Two cents ($4,167.42).
B. Artist shall be paid as follows: (1) 50% upon approval of the design of the Mural by the City Manager; and (2) 50% upon acceptance of the Mural by the City.
C. Artist shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the appropriate City authority.
5. Suspension or Termination of Agreement Without Cause
ATTACHMENT C
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A. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Artist at least ten (10) days prior written notice. Upon receipt of said notice, the Artist shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement.
B. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Artist the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City.
6. Default of Artist
A. The Artist’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Artist is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Artist for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Artist. If such failure by the Artist to make progress in the performance of work hereunder arises out of causes beyond the Artist’s control, and without fault or negligence of the Artist, it shall not be considered a default.
B. If the City Manager or his delegate determines that the Artist is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Artist with written notice of the default. The Artist shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Artist fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
7. Maintenance of Documents
Artist shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Artist shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
Artist shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of two (2) years after receipt of final payment.
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8. Transfer of Rights of Reproduction.
Artist hereby transfers all rights of reproduction, as that term is defined in California Civil Code Section 982, in the Mural, including but not limited to the right to claim statutory copyright in the Mural and the right to reproduce the Mural in any manner whatsoever for commercial and non-commercial purposes. Hereinafter, ARTIST shall not acquire or claim any rights in or to the Mural, any uses, reproductions or derivatives thereof or any proceeds therefrom.
9. Waiver of Moral Rights.
Artist hereby waives, releases and disclaims any rights, demands or claims as may arise at any time and under any circumstances against City or its officers, employees, agents, successors and assigns arising under the federal Visual Artists Rights Act (17 U.S.C. §§ 106A and 113(d)), the California Art Preservation Act (Cal. Civil Code § 987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. Section 106A, California Civil Code Section 987 et seq., or any other type of moral right protecting the integrity of a work of art. Artist acknowledges and agrees that City, in its sole and exclusive discretion, may, among other acts, temporarily or permanently modify, alter, change or destroy the Mural.
10. Copyrights.
Artist hereby irrevocably assigns exclusively to City, and its successors and assigns, all right, title and interest in the copyright in the Mural, and all extensions and renewals thereof in the United States and in all foreign countries. Artist hereby waives all moral rights relating to each of the Mural including, but not limited to, any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use or subsequent modifications. From time to time upon City’s request, Artist shall confirm such assignment by execution and delivery of such assignments, confirmations of assignment, or other written instruments as City may request. City and its successors and assigns, shall have the right to obtain and hold in its or their own name(s) all copyright registrations and other evidence of rights that may be available for the Mural.
11. City’s Sole and Exclusive Ownership Rights.
A. Artist shall not retain ownership of or any right, title or interest in any of the Mural, including, but not limited to, in any related trademarks, copyrights, or other proprietary rights. The parties agree that the Mural and all such rights, title and interest in or to the Mural belong to and are being sold and assigned in their entirety to City for whatever use it desires, and that City does and shall at all times own, solely and exclusively, complete and unencumbered, all right, title and interest in and to all of the Mural worldwide, any modifications thereto and any derivative Mural based thereon (including, but not limited to, all patent, copyright, trademark, service mark and trade secret rights). Nothing contained herein shall be deemed to constitute a mere license or franchise in City. The parties further agree that City will be free to use, modify, distribute, sell, license or otherwise exploit such Mural and any modifications to or derivative works based thereon without any restrictions
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or limitations or any obligations or payments to Artist and that Artist shall have no such rights.
B. City hereby authorizes Artist to make, and to authorize the making of photograph reproductions of the Mural for self-promotional purposes. For purposes of this Agreement, the following are deemed to be photograph reproductions for selfpromotional purposes: photograph reproduction for use in Artist’s personal portfolio or Artist’s website; and reproduction for use in self-promotion mailers such as catalogues or postcards as long as such reproduction is provided to others at no cost. On any and all such reproductions, Artist shall place a copyright notice in the form and manner provided by City to protect the copyrights in the Mural under the United States copyright law. In addition, all reproductions shall contain the following credit line unless otherwise requested to the contrary in writing by City: “Commissioned by the City of Covina." Under no circumstances shall Artist use or make any photograph reproductions of the Mural for commercial purposes and any photograph reproductions used or made by Artist shall not compete with any City endeavor to sell or promote reproductions of the Mural. City has sole discretion to determine whether a photograph reproduction is utilized for selfpromotional purposes or whether the reproduction competes with City’s endeavors to sell or promote its reproductions in the Mural. If City determines that the photograph reproduction does not meet the terms of this Section, City shall provide written notice to Artist and Artist shall immediately cease and desist the use of the reproduction.
12. Originality of Mural.
Artist represents and warrants that (i) the Mural will be original; (ii) at the time of transfer hereunder, Artist is the sole owner of the Mural and of all rights therein including copyright, trademark and other proprietary rights therein; (iii) Artist is and will be the sole creator of the Mural; (iv) Artist has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein;(v) Artist is not under any obligation to transfer or sell either of the Mural to any third party; (vi) the Mural has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark or other proprietary rights therein; and (vii) the Mural does not and will not infringe any patent, copyright, trademark or other proprietary rights, privacy rights or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present) of such infringement been threatened or asserted, nor is such a claim pending, against Artist (or, insofar as Artist is aware, against any entity from which Artist has obtained any rights).
13. Maintenance and Warranty of Mural.
A. Artist shall provide City with a description of a recommended routine maintenance program for the Mural.
B. B. Artist hereby warrants that the Mural will be free of defects in workmanship (due to faulty design or fabrication), materials and finish, including inherent vice, and that the Artist will, at the Artist’s own expense, remedy, repair or replace any
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such defects in workmanship, materials and finish, including inherent vice, and if necessary, replace the Mural, which appear within a period of five (5) years of the date the Mural is completed. “Inherent Vice” shall mean a quality within the material or materials which comprise the Mural which, either alone or in combination, results in the tendency of the Mural to deteriorate.
14. Indemnification.
Artist shall defend (with attorneys acceptable to the City), hold harmless and indemnify the City, and its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (collectively “Indemnitees”) with respect to any and all claims, demands, damages, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense (collectively, “Claims” hereinafter), including but not limited to, Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to acts or omissions of Artist or any of its officers, employees, subcontractors, or agents in the performance of this Agreement, except for such loss or damage arising from the negligence or willful misconduct of the City, as determined by final arbitration or court decision or by the agreement of the parties. Artist shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City’s choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Artist’s duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors or omissions or Indemnitees.
15. Insurance Requirements.
A. Artist shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Artist, its agents, representatives, or employees.
1) Minimum Scope of Insurance. Coverage shall be at least as broad as:
a) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
b) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Artist owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable.
c) Worker’s Compensation insurance as required by the State of California and Employer’s Liability Insurance. If the Artist has no employees while performing under this Agreement, worker’s compensation insurance is not required, but Artist shall execute a declaration that it has no employees.
2) Minimum Limits of Insurance. Artist shall maintain limits no less than:
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a) General Liability: Two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: One million dollars ($1,000,000) per accident for bodily injury and property damage.
c) Worker’s Compensation as required by the State of California; Employer’s Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
3) Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed $25,000 unless otherwise approved in writing by the City Manager in his sole discretion.
B. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City and its elected officials, officers, employees, designated volunteers and those City agents serving as independent contractors in the role City officials (“Additional Insured”) shall be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Artist; products and completed operations of the Artist; premises owned, occupied or used by the Artist; or automobiles owned, leased, hired or borrowed by the Artist. The coverage shall contain no special limitations on the scope of protection afforded to the Additional Insureds.
2) For any claims related to this project, the Artist’s insurance coverage shall be primary insurance as respects the Additional Insureds. Any insurance or self-insured maintained by the Additional Insureds shall be excess of the Artist’s insurance and shall not contribute with it.
3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the Additional Insureds.
4) The Artist’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
5) Each insurance policy required by this clause shall be endorsed to state that the insurer shall endeavor to provide thirty (30) days’ prior written notice, by certified mail, return receipt requested, to the City prior to any action to suspend, void, cancel or otherwise reduce in coverage or in limits.
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6) Within one (1) business day following receipt by Artist of any notice correspondence or notice, written or oral, of an action or proposed action to suspend, void, cancel or otherwise reduce in coverage or in limits of the required insurance, Artist shall notify City of such action or proposed action.
C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City.
Self-insurance shall not be considered to comply with these insurance requirements.
D. Verification of Coverage. Artist shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City’s forms, the Artist’s insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
E. Modifications. City Manager may, with the consent of the City Attorney, waive the provisions of this paragraph or provided for other forms of insurance as may be necessary to enable the City to receive adequate insurance protection as contemplated in this Section.
16. Independent Contractor
A. Artist is and shall at all times remain as to the City a wholly independent contractor.
The personnel performing the services under this Agreement on behalf of Artist shall at all times be under Artist’s exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Artist or any of Artist’s officers, employees, or agents except as set forth in this Agreement. Artist shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Artist shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
B. No employee benefits shall be available to Artist in connection with the performance of this Agreement. Except for the fees paid to Artist as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Artist for performing services hereunder for City. City shall not be liable for compensation or indemnification to Artist for injury or sickness arising out of performing services hereunder.
17. Legal Responsibilities
The Artist shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance
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of its service pursuant to this Agreement, including, without limitation, all safety regulations governing the use of equipment required to paint the Mural. The Artist shall at all times observe and comply with all such ordinances, laws and regulations, including, without limitation, all safety regulations governing the use of equipment required to paint the Mural. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Artist to comply with this Section.
18. Confidentiality; Release of Information
A. All information gained by Artist in performance of this Agreement shall be considered confidential and shall not be released by Artist without City’s prior written authorization.
B. Artist, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City.
Response to a subpoena or court order shall not be considered “voluntary” provided Artist gives City notice of such court order or subpoena.
19. Assignment
The Artist shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
20. General Provisions
A. Notices. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above.
To City: City of Covina
125 E. College Street
Covina, CA 91723
Attention: City Manager
To Artist: AQMNI LLC
21798 Redwood Canyon Place
Santa Clarita, CA 91390
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B. Licenses. At all times during the term of this Agreement, Artist shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
C. Governing Law; Venue
1) The City and Artist understand and agree that the laws of the State of California, except as provided in this Agreement, shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
2) Any litigation concerning this Agreement shall take place in the superior court or federal district court with geographic jurisdiction over the City of Covina.
D. Prohibited Interest. No officer, or employee of the City of Covina who has participated in the development of this Agreement or its administration shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Artist, or Artist’s sub-contractors, during his/her tenure or for one year thereafter. The Artist hereby warrants and represents to the City that no officer or employee of the City Council or City of Covina has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Artist or Artist’s sub-subcontractors on the mural. Artist further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
E. Entire Agreement. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
F. Time is of Essence. In carrying out the provisions of this Agreement, both parties acknowledge and agree that time is of the essence.
G. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.
H. No Third Party Beneficiaries. City shall not be obligated or liable under this Agreement to any party other than Artist.
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I. Successors and Assigns. The terms of this Agreement shall be binding upon and inure to the benefit of the respective heirs, successors in interest and assigns of the parties hereto.
J. Survival of Certain Provisions. The provisions of Sections 8, 9, 10, 11, 12, 13 and 14 shall survive the expiration or earlier termination of this Agreement.
K. Authority To Execute This Agreement. The person or persons executing this Agreement on behalf of Artist warrants and represents that he or she has the authority to execute this Agreement on behalf of the Artist and has the authority to bind Artist to the performance of its obligations hereunder.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF COVINA
Chris Marcarello, City Manager
ATTEST:
Fabian Velez, Chief Deputy City Clerk
APPROVED AS TO FORM
Candice K. Lee, City Attorney
ARTIST
Name:
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EXHIBIT A
SCOPE OF SERVICES
1. Artist shall design, create, paint and install the Mural as specified below:
A. Location: 124 E. College Street (APN: 8445-009-908), on the entirety of the visible wall of the eastern exterior side of the building
B Size: Approximately 433 square feet of low detail background on the upper corners and lower-left corner and middle of the mural, and approximately 821 square feet of wall area concentrated in the center of the mural that will feature a high-level of mural detail. The mural will span 47’-4” feet wide and 26’-6” feet tall.
C. Theme of Mural: “Canine Classics – Where Music Meets the Paw Prints of Covina” D. Color scheme of Mural: Color scheme is detailed within the proposal as part of the Exhibit A
2. On or before November 19, 2024, Artist shall submit to the City Manager a rendering of the Mural that shall depict the images to be depicted on the Mural along with the colors proposed to be included in the Mural. The City Manager shall approve, in his sole and absolute discretion, the proposed Mural.
3. Within fifteen (15) from the date the City Manager approves the Mural, Artist shall submit an Installation Plan to the City Manager for approval or conditional approval. The Installation Plan shall outline the safety measures to be taken with respect to ladders and scaffolding, separation of the public from the Mural, storage and security of materials, and similar issues relating to the installation of the Mural.
4. Within thirty (30) days from the decision of the City Manager, Artist shall begin work on the Mural and thereafter shall diligently work on the Mural until completed.
A. The Mural shall be completed on or before February 1, 2025.
B. Artist shall procure all materials and equipment necessary or convenient to complete the Mural at its sole cost and expense, said expenses being part of the compensation of Artist pursuant to this Agreement.
C. Artist shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement, including, without limitation, all safety regulations governing the use of equipment required to paint the Mural.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 25
Meeting: November 19, 2024
Title: Acceptance and Use of Los Angeles County Regional Park & Open Space District Measure A Funds for Playground Equipment at Hollenbeck Park & Appropriating from Available Sanitary Sewer Fund for Use Towards New Restroom Acquisition and Installation Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Lisa Evans, Director of Parks & Recreation and Library
Recommendation: 1. Adopt Resolution CC 2024-110 Accepting and Appropriating $275,141.39 in Measure A Funding into the City’s Parks Capital Improvement Program Fund and appropriating $420,000 from Sanitary Sewer Fund – Fund Balance for use towards the Playground Equipment Purchase and Demolition, Acquisition, and Installation of New Restrooms at Hollenbeck Park; and
2. Authorize the City Manager to execute change orders as necessary with a revised contingency amount of $825,000 for Green Giant Landscape, Inc. utilizing Grant Funds and Sanitary Sewer Funds.
EXECUTIVE SUMMARY:
The Los Angeles County Regional Park and Open Space District (RPOSD) is responsible for implementing and administering the Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure 2016, also known as Measure A. Los Angeles County voters approved Measure A in November 2016, which authorizes dedicated local funding for parks, recreation, and open space for projects and their maintenance through an annual special tax on taxable real property in the County.
The City of Covina submitted a grant application to the Los Angeles County Regional Park and Open Space District requesting the use of Measure A funds towards the purchase and installation of new playground equipment at Hollenbeck Park.
DISCUSSION:
Since Fall 2024, Hollenbeck Park has been under construction with various revitalization efforts at the park including a ¼ mile walking and bike trail along the park’s perimeter, planning of native, drought-tolerant shades and shrubs, various bioswales and retention basins, community education and interpretive signing, and the installation of solar pedestrian lighting. Funding for revitalization improvements at Hollenbeck Park was supplemented with a $2,000,000 grant from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) via the RMC’s Climate Resilience Grant Program. During construction of aforementioned improvements at Hollenbeck Park, City staff assessed the condition of existing playground equipment and restrooms and deemed that full replacement of the playground equipment and demolition and replacement of the outdoor park restrooms is necessary. Ultimately, the utilization of Measure A & Sanitary Sewer funds were available to expeditiously fund these additional improvements in an effort to limit the impact of a prolonged construction schedule and re-open Hollenbeck Park for public use as soon as possible.
FISCAL IMPACT:
Resolution CC 2024-110 will accept and appropriate $275,141.39 from Measure A Funds into the Parks Capital Improvement Program for use towards the Playground Equipment Purchase at Hollenbeck Park and appropriate
$420,000 from Sanitary Sewer Fund – Fund Balance for use towards Demolition, Acquisition, and Replacement of New Restrooms at Hollenbeck Park as a part of the Hollenbeck Park Urban Greening Revitalization Project.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
Respectfully submitted,
BOARD OF DIRECTORS
Hilda L. Solis
Holly J. Mitchell
Lindsey P. Horvath
Janice Hahn
Kathryn Barger
Director
NORMA E. GARCÍA-GONZÁLEZ
District Administrator
CHRISTINA ANGELES, ESQ.
1000 S. Fremont Avenue, Unit #40, Building A-9 East, Ground Floor, Alhambra, CA 91803 (626) 588-5060 • RPOSD.LACOUNTY.GOV • [email protected] September 19, 2024
City of Covina
125 East College Street
Covina, CA 91723
NOTICE TO PROCEED
HOLLENBECK PARK PLAYGROUND REPLACEMENT PROJECT
MASTER AGREEMENT NO. A20
NTP NO. A2025001
STUDY AREA NO. 93
This Notice to Proceed (“NTP”), a subordinate agreement executed wholly within and subject to the provisions of Agreement No. A20, dated August 20, 2024 ("Agreement”), confirms approval of your Annual Allocations Project, as described in your Work Plan dated September 19, 2024, for the project described as the Hollenbeck Park Playground Replacement Project (“Project”).
1. Scope of Work
Replacement of playground and new rubberized playground surfacing.
2. NTP Performance Period
Start Date: September 19, 2024
End Date: December 15, 2024
Grantee must submit all claims and required documentation to RPOSD that shall be no later than 12 months following the Performance Period end date.
ATTACHMENT A
Notice to Proceed
September 19, 2024
1000 S. Fremont Avenue, Unit #40, Building A-9 East, Ground Floor, Alhambra, CA 91803 (626) 588-5060 • RPOSD.LACOUNTY.GOV • [email protected]
3. Grant Amount
The total maximum amount RPOSD will reimburse Grantee for this Project is $275,141.39 including related reimbursable expenses as specified. Any items where cost estimates exceed the approved budget, require prior written authorization from RPOSD.
4. Reimbursement
a. Grantee must complete all required deliverables identified in the attached Work Plan.
b. The total reimbursement from RPOSD for all deliverables may not exceed Grant Amount, identified in the Grant Amount.
c. Ensure NTP NO. A2025001 appears on invoices submitted to RPOSD for purposes of reimbursement.
All terms of the Agreement which authorize this NTP, will remain in full force and effect. The terms of the Agreement will govern and take precedence over any conflicting terms or conditions in this NTP. Work authorized pursuant to this NTP must be in compliance with the terms and conditions of the Agreement to be valid or binding.
At Grantee’s written request, this NTP may be amended subject to RPOSD’s sole discretion and prior approval. Amendments are to be limited to modifications of the Performance Period, Scope of Work, or Grant Amount.
APPROVED BY:
_______________________________
RPOSD Representative Signature
_______________________________
RPOSD Representative (Name and Title)
Date: __________________________
Mark Glassock (Sep 19, 2024 16:17 PDT)
Mark Glassock 09/19/2024
Application
09522 - Annual Allocation Work Plan - Final Application 10407 - Hollenbeck Park Playground Replacement Project
Measure A
Status: Awarded
Submitted
Date:
09/13/2024
4:47 PM
Submitted
By:
Lisa Anne
Evans
Grants Officer Assigned: Steven Chang
Applicant Information
Primary Contact:
Feel free to edit your profile any time your information changes. Create your own personal alerts using My Alerts.
Salutation Ms. Lisa Anne Evans
Salutation First Name Middle Name Last Name
Title Director of Parks & Recreation and Library Services What is your role in
managing grants
with RPOSD?
(primary contact,
authorized or
designated signer,
accounting manager,
etc.)
Department Name* Parks & Recreation Department
Authorized Official
Feel free to edit your profile any time your information changes. Create your own personal alerts using My Alerts.
Salutation Chris Marcarello
Salutation First Name Middle Name Last Name
Title Interim City Manager
What is your role in
managing grants
with RPOSD?
(primary contact,
authorized or
designated signer,
accounting manager,
etc.)
Authorized Signer
Department Name* City Manager's Office
Organization Information
Agency/Organization
Name*
City of Covina - Covina 93 COV
Study Area
Number M&S Code
Agency/Organization Type
What is your
Agency/Organization
Type?*
Public Agency
Agency/Organization Contact Information
Agency/Organization
Website www.covinaca.gov
Agency/Organization
Phone*
626-384-5340
Ext.
Physical Address
All paper-based grant-related correspondence will be mailed to this address, unless a different address is provided below.
Agency/Organization
Physical Address* 1250 N Hollenbeck Ave
* Covina California 91722
City State/Province Postal Code/Zip
Is this the same as
the Mailing
Address?*
No
Mailing Address
Skip this if Mailing Address is the same above.
Mailing Address 125 E College St
Covina California 91723
City State/Province Postal Code/Zip
Agency/Organization Financial Information
Tax ID* 95-6000699
List the
ROLES/TITLES of
the individuals
identified as
Authorized and
Designated signers
per your agency's
adopted resolution
or proof of
jurisdiction
support.*
Authorized Representative/Signer: Chris Marcarello, City Manager Secondary Representative/Signer: Lisa Evans, Director of Parks & Recreation and Library Services
Grants Officer Assigned
Grants Officer Steven Chang
Supervisorial District(s)
Old SD 5
New SD 1
Good Standing
Status Issues, if any:
RPOSD VIEW ONLY
Good Standing
Status Comments
Project Description
Grant Project Title* Hollenbeck Park Playground Replacement Project 50-character limit. Please note that characters include spaces and punctuation. 2 to 3 sentences summarizing the proposed project. The sentences should be concise and allow for a clear understanding of the proposed project.
Scope of Work* Replacement of playground and new rubberized playground surfacing. 750-character limit. Please note that characters include spaces and punctuation.
Project Type* Development
Choose your project type
Project Location Information
Location Name* Hollenbeck Park
i.e. park name, open space name, etc. Must enter a name. Actual or potential Physical Location 1250 North Hollenbeck Avenue, Covina, CA 91722 e.g. 1000 S. Fremont Ave, Alhambra, CA 91803. If no physical address, input Latitude and Longitude
AIN FOR ACQUISITION ONLY
Assessor's Identification
Number (AIN)
8407-001-905
For assistance in finding the AIN number please visit the Los Angeles County Assessor Portal.
Are additional locations
part of this project? No
Land Access/Tenure
Please note that if the answer is Yes the applicant must provide proof in supporting documents section below. If the answer is NO the applicant must provide written consent or other documentation to develop project. Examples of documentation include, but are not limited to, lease agreement, Memorandum of Understanding (MOU) or other documentation from the landowner agreeing to the proposed project.
Is your agency the
landowner of the proposed
project location(s)?
Yes
Will your agency be
responsible for the long
term grant obligations?
Yes
If your Agency will not be
responsible for the longterm grant obligations,
please explain. Note: An
Assignment and
Assumption of Grant
Agreement (AAGA) will be
required.
Who is the landowner?
Landowner Contact's name
and email
Reporting Requirements
Supervisorial District* 1
Park ID Required for Existing Facilities
Park ID* 1874
CPAD Unit ID. If no CPAD Unit ID, write 'N/A'
Study Area* Covina - 93
Level of Need* Moderate
Soft Costs - RPOSD Funding
Deliverables Completion Date Funding Source Study Area RPOSD Funding Amount Hard Costs - RPOSD Funding
Deliverables Completion Date Funding Source Study Area RPOSD Funding Amount Playground Equipment 11/30/2024 Measure A Annual Allocation Covina - 93 $185,141.39 Playground Installation 12/15/2024 Measure A Annual Allocation Covina - 93 $89,000.00 RPOSD and other site signage 12/15/2024 Measure A Annual Allocation Covina - 93 $1,000.00 Other Funding Narrative
Please explain other
funds to support this
project. 750-
character limit.
Other grant funds are being used for the demolition of the existing playground, as well as for other improvements at this park.
Total Costs
Total RPOSD Soft Costs $0.00
RPOSD Soft Costs
Percentage 0
Total RPOSD Hard Costs $275,141.39
RPOSD Hard Costs
Percentage 100.0
Total RPOSD Amount $275,141.39
Exception to the Rule
Based on the Exception to
the Rule, does this project
require Community
Outreach and
Engagement?*
No
If the answer is yes, the remainder of the form MUST be completed.
Community Outreach and Engagement Requirements
What is the total project
budget (including outside
funding sources)?*
$50,000.00 - $1,000,000.00
Did your organization
plan/complete Information
Sharing and Participatory
Engagement? *
Yes
Language Access Requirements
Our agency has a TIER 1
Requirement
Our agency has a TIER 2
Requirement Spanish
Our agency has a TIER 3
Requirement
Community Outreach and Engagement - COMPLETED
Has Community Outreach
and Engagement been
conducted for this
project?
No
Community Outreach and Engagement - PLAN
Date of
Engagement 10/14/2024
Time of Day 9 am
Engagement Type Information Sharing
Outreach Type Online Media Outreach
Location City's social media
Before or After
Project Start after
Description of
Outreach
Multiple social media postings will be developed and shared as the project starts, during progress, and upon completion.
1000-character limit. Please note that characters include spaces and punctuation. Briefly describe your Information Sharing or Participatory Engagement efforts.
Is there additional
Community
Outreach and
Engagement
planned?
No
Annual Allocation (AA) Work Plan
Description Date of
Document
Attachment Comments Approved
by RPOSD?
RPOSD
Comments Page 544 of 576
Hollenbeck Park Playground
Replacement - Grant
Boundary Map
09/11/2024 Hollenbeck Park Boundary
Map.pdf
Hollenbeck Park Playground
Replacement - "Before"
Photos
09/11/2024 Hollenbeck Playground
Photos - Before.pdf
Hollenbeck Park Playground
Replacement - Project
Location Map
09/11/2024 Hollenbeck Park Vicinity
Map.pdf
Hollenbeck Park Playground
Replacement - Site Plan 09/11/2024 Hollenbeck Park Playground Site Plan.pdf
Hollenbeck Park Playground
Replacement - CEQA 09/11/2024 Hollenbeck Park CEQA.pdf
Hollenbeck Park Playground
Replacement - Community
Engagement Plan
09/13/2024
Hollenbeck Park Playground
Replacement - Community
Engagement Plan.pdf
Hollenbeck Park Playground
Replacement - Funding
Acknowledgement Plan
09/13/2024
Hollenbeck Park Playground
Replacement - Funding
Acknowledgement Plan.pdf
Hollenbeck Park Playground
Replacement - Deed
Restriction draft
09/13/2024
Deed Restriction -
Hollenbeck Park Playground
Replacement.docx
Draft document -
need additional
information to
complete
Notice to Proceed
Description Date of Document Attachment Comments Approved by RPOSD? RPOSD Comments Implementation
Description Date of Document Attachment Comments Approved by RPOSD? RPOSD Comments Closeout Requirements
Description Date of Document Attachment Comments Approved by RPOSD? RPOSD Comments
NTP A2025001 Covina
Final Audit Report 2024-09-19
Created: 2024-09-19
By: Agie Jordan Iii ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAyzm3IEf8J13vV-Bw75LIjJKfXhiMT4Ur "NTP A2025001 Covina" History
Document created by Agie Jordan Iii ([email protected]) 2024-09-19 - 10:34:07 PM GMT- IP address: 209.160.244.87 Document emailed to Mark Glassock ([email protected]) for signature 2024-09-19 - 10:36:33 PM GMT
Email viewed by Mark Glassock ([email protected]) 2024-09-19 - 11:12:42 PM GMT- IP address: 104.47.65.254 Document e-signed by Mark Glassock ([email protected]) Signature Date: 2024-09-19 - 11:17:48 PM GMT - Time Source: server- IP address: 173.196.252.165 Agreement completed.
2024-09-19 - 11:17:48 PM GMT
ATTACHMENT B
RESOLUTION CC 2024-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-2025 BUDGET AND REFLECT AN ACCEPTANCE AND APPROPRIATION OF $275,141.39
FROM LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE
DISTRICT MEASURE A FUNDING INTO THE PARKS CAPITAL
IMPROVEMENT PROGRAM FUND FOR THE PLAYGROUND
EQUIPMENT PURCHASE AND APPROPRIATION OF $420,000 IN
AVAILABLE SANITARY SEWER FUND - FUND BALANCE FOR USE
TOWARDS DEMOLITION, ACQUISITION, AND INSTALLATION OF
NEW RESTROOMS AT HOLLENBECK PARK
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to appropriate $275,141.39 from Los Angeles County Regional Park and Open Space District Measure A Funding to be transferred into the Parks CIP Fund and appropriate $420,000 in available Sanitary Sewer Fund – Fund Balance for use towards the demolition, acquisition, and installation of new restrooms at Hollenbeck Park.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2024-2025 Budget for the Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403 & P2512; and SECTION 2. Accept and appropriate $275,141.39 from Los Angeles County Regional Park and Open Space District Measure A Funding into Parks Capital Improvement Program Fund and appropriate $420,000 in available Sanitary Sewer Fund – Fund Balance as follows:
Account No. Account Description Amount ($) Increase/Decrease 4600-3400-
42290-
P2512
Parks CIP-XXXX-Other
County Grants &
Subvention-Hollenbeck Park
Urban Greening Rev Proj
$275,141.39 Increase
4600-3400-
55200-
P2512
Parks CIP-XXXX-ImprovNot Bldgs/StructuresHollenbeck Park Urban Greening Rev Proj
$275,141.39 Increase
Resolution CC 2024-110 Page 2 of 2
6300-2700-
55100-
P2403
Sanitary Sewer-AdminBuildings/StructuresHollenbeck Park Urban Greening Rev Proj
$420,000 Increase
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 19th day of November, 2024.
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-110 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19
th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
_________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 26
Meeting: November 19, 2024
Title: Office of Traffic Safety Grant
Presented by: David Povero, Chief of Police
Recommendation: 1. Approve Resolution CC 2024-104 accepting $30,000 in grant funding from the State Office of Traffic Safety and increase the police department budget to appropriate said funding; and
2. Authorize the City Manager or his designee to execute the grant agreement.
EXECUTIVE SUMMARY:
The Covina Police Department was awarded $30,000 under the Selective Traffic Enforcement Program (STEP).
The goal of this program is to fund strategies and activities that reduce the number of persons killed and injured in crashed involving alcohol and other crash factors.
DISCUSSION:
This $30,000 grant will cover staff overtime enforcement activities related to DUI saturation patrols, warrant service operations, collaborative DUI enforcement, traffic enforcement, distractive driving, pedestrian and bicycle enforcement and traffic safety education. A small portion of the grant will also be used to cover staff training expense.
FISCAL IMPACT:
No negative fiscal impact. This grant is for a not-to-exceed amount of $30,000 and has been approved by the State for the above discussed activities. Accepting this award will increase the Police Department’s revenue account for FY 2024-25 by $30,000 and appropriation accounts by the same amount as detailed in Resolution CC 2024-104 attached hereto. All funds spent by the department up to the award amount is reimbursable.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2024-104
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO ACCEPT A
CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT ALLOCATION IN THE AMOUNT OF $30,000 AND INCREASE THE POLICE
DEPARTMENT 2024-25 BUDGET BY $30,000 AND APPROPRIATE SAME
DOLLAR AMOUNT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina was been allocated $30,000 under the Office of Traffic Safety’s Selective Traffic Enforcement Program (STEP); and WHEREAS, utilizing this allocation will increase the Police Department’s appropriation by $30,000 and revenue accounts by the same amount; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the fiscal year 2024-25 Police Department Budget as follows:
SECTION 2. Authorize the City Manager or his designee to sign all necessary documents associated with this grant including agreements, assurances, prepared invoices to obtain the grant funds.
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 19
th day of November, 2024.
City of Covina, California
BY:
JOHN C. KING, Mayor
Revenue Account 2230-1200-42190-OTS $30,000.00
Appropriation Account 2230-1200-50030-OTS $26,000.00
Appropriation Account 2230 -1200-53210-OTS $ 4,000.00
Resolution CC 2024-104 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy Clerk of the City of Covina, do hereby certify that Resolution CC 2024-104 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19
th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
ATTACHMENT B
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 27
Meeting: November 19, 2024
Title: Approve the Annual Report and Establish the Date, Time, and Place for the Public Hearing for the Calendar Year 2025 Annual Assessment of the Downtown Covina Business Area Enhancement District (BAED)
Presented by: Theresa Franke, Interim Director of Finance Recommendation: 1. Approve the Annual Report of the Downtown Covina Business Area Enhancement District (BAED); and
2. Adopt Resolution CC 2024-111, declaring its intent to levy an annual assessment for the calendar year 2025 in the Downtown Covina Business Area Enhancement District, and establish the date, time and place for the public hearing.
EXECUTIVE SUMMARY/BACKGROUND:
In May 1996, the City of Covina, in cooperation with the Covina Downtown Association (CDA), established a Downtown Business Area Enhancement District (Ordinance No. 96-1805) pursuant to the Parking and Business Improvement Area Law of 1989. The boundaries of the BAED are within downtown Covina, and more specifically include all ground floor businesses fronting on Citrus Avenue between Badillo Street and San Bernardino Road, and two second floor businesses, located at 102 North Citrus and 122 ½ North Citrus.
Each business in the BAED is assessed a fee of $125 per year, through the City’s business license fee collection process, to be used to promote and market the Downtown area and to provide general maintenance of common areas.
DISCUSSION:
The CDA Advisory Board has completed the annual report. Legal requirements for the continuation of this agreement obligate the City to:
1. Approve the Annual Report
2. Adopt a resolution of intention to levy an annual assessment
3. Hold a public hearing on this assessment
4. Adopt a resolution confirming the Annual Report
This meeting will satisfy the first two of these requirements. The second two items will be addressed at the December 17, 2024 Council Meeting. Council may make changes to the Annual Report after the public hearing.
There are no proposed changes from the Advisory Board this year.
FISCAL IMPACT:
Fees collected less fees incurred by the City are remitted to the CDA. There is no General Fund impact.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
No CEQA involvement.
Respectfully submitted,
ATTACHMENT A
RESOLUTION CC 2024-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, DECLARING ITS INTENT TO LEVY AN ANNUAL
ASSESSMENT FOR THE CALENDAR YEAR 2025 IN THE DOWNTOWN
BUSINESS AREA ENHANCEMENT DISTRICT, AND ESTABLISHING
THE DATE, TIME AND PLACE FOR THE PUBLIC HEARING
WHEREAS, the City Council has previously established the Downtown Business Area Enhancement District (the “BAED”), created pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code, Sections 36500 et seq.); and WHEREAS, the City Council desires to continue the BAED by levying the annual assessment permitted by the Ordinance which established the BAED.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Covina does hereby declare its intent to levy and collect assessments in the BAED for calendar year 2025 in the time and manner specified in the ordinance which established the BAED.
SECTION 2. The boundaries of the BAED shall remain as established.
SECTION 3. The types of improvements and activities to be funded by the levy of assessments on the businesses in the BAED may include, but are not limited to, the following:
a) safety and security programs
b) parking facilities
c) benches
d) trash receptacles
e) street lighting
f) decorations
g) parks
h) fountains
i) business promotion
j) other improvements and activities which confer special benefits upon the businesses for which the improvements and activities are provided No substantial changes will be made to this list of improvements and activities.
SECTION 4. The name of the Parking and Business Improvement Area under which this levy and collection is carried out is the Covina Downtown Business Area Enhancement District (“BAED”). The boundaries of the BAED are within downtown Covina, and more specifically include all ground floor businesses fronting on Citrus Avenue between Badillo Street and San Bernardino Road and two second floor businesses, located at 102 North Citrus and 122 ½ North Citrus.
Resolution CC 2024-111 Page 2 of 2
SECTION 5. A full and detailed description of the improvements and activities to be provided for fiscal year 2025, the boundaries of the BAED and any benefit zones within it, and the proposed assessments to be levied upon the businesses within the BAED for that fiscal year can be found in the Advisory Board’s report on file with the City Clerk.
SECTION 6. The City Council hereby establishes the regularly scheduled City Council meeting of December 17, 2024, at 7:30 p.m. as the time and place for a public hearing on the levy of the proposed assessments for calendar year 2025. At this public hearing, protests may be made orally or in writing by any interested person. Any protest pertaining to the regularity or sufficiency of these proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection may be made. Any protest made must comply with the provisions of California Streets and Highways Code section 36524 and 36525.
SECTION 7. The City Clerk shall give notice of the public hearing by causing this Resolution of Intention to be published once in a newspaper of general circulation in the City at least seven days before the public hearing.
SECTION 8. The City Clerk shall certify as to the adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 19th day of November, 2024.
City of Covina, California
BY:
JOHN C. KING, Mayor
ATTEST:
FABIAN VELEZ, Chief Deputy City Clerk
CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-111 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19thday of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
FABIAN VELEZ, Chief Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: November 19, 2024
Title: Covina Irrigating Company – Board of Directors Appointments Presented by: Chris Marcarello, City Manager
Recommendation: Provide Direction on the Current Covina Irrigating Company Board of Directors to Represent the City of Covina.
BACKGROUND:
The City of Covina owns 4,219 shares of the Covina Irrigating Company (CIC) stock and the total shares of CIC amount to 10,000 shares. As a shareholder, the City derives the majority of its water from the CIC and as a major shareholder of CIC stock, the City may nominate and hold four seats on the CIC Board of Directors. Each year, CIC holds an annual meeting of shareholders to select its Board; this year the meeting was held on October 24, 2024. At that meeting or by proxy vote beforehand the City needs to vote its shares for the nine (9) directors' seats.
The current 2024-25 Board of Directors are currently comprised of four (4) Directors nominated by the City:
Jorge Marquez, Lynda Noriega, Kevin Stapleton, and Michael Touhey. The remaining five (5) Directors are comprised of Andrew McIntyre, William McIntyre Jr., Steven Renders, Michael Quinn and Richard Rich.
DISCUSSION:
At the City Council meeting on September 17, 2024, the City Council nominated the four existing City representatives on the CIC Board to continue in that role for an additional year. On October 24, 2024, at the annual meeting of shareholders the 4 City representatives along with the other 5 Directors were elected to serve as the CIC Board of Directors for 2024-25.
In the time after the annual shareholders meeting, a City representative Director has been elected to serve on a neighboring regional waterboard. Additionally, the CIC is in the process of appointing Directors to serve on various committees. In light of the new information regarding the recent election, it is prudent for the Council to discuss the existing slate of city representatives as CIC Directors.
The City Council has the authority to appoint individuals to a board or commission. Appointed members of boards and commissions serve at the pleasure of the City Council, pursuant to Government Code Section 36506. As such, there are several options for the City Council to consider:
1. Keep the existing City representatives on the CIC board.
2. Solicit applications from interested parties (including existing Directors) for the CIC Board of Directors.
Applications must be submitted to the City Clerk's Office and provided to the City Council for consideration of an appointment.
3. City Council reviews applications and nominates Directors at its regular City Council on December 3, 2024 so the approved nominations may be transmitted to CIC staff.
FISCAL IMPACT:
There is no fiscal impact in voting City’s shares for the CIC Board of Directors.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,