Agenda Item A.10
CPMS CONSENT CALENDAR
Meeting Date: December 19, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Michael Winnewisser, Assistant Engineer
SUBJECT: Notice of Completion of Various 2023 Winter Storm Emergency Projects RECOMMENDATIONS:
A. Adopt Resolution No. 23-___ entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Ellwood Beach Drive Drain Repair Project;”
B. Adopt Resolution No. 2 3-___ entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Cathedral Oaks Slope Stability Project;” and
C. Direct the City Clerk to file a Notice of Completion with County Recorder’s Office for each of the completed projects.
BACKGROUND:
On January 9, 2023, an atmospheric river storm struck the County of Santa Barbara.
The significant rainfall caused flooding on public streets, watersheds, creeks, open spaces, wetlands, and other property in the City; damage to public rights -of-way; downed trees blocking sidewalks and streets; road closures; and disruption of public services. The storm prompted the County of Santa Barbara and the City of Goleta to declare a local emergency on Ja nuary 9, 2023. On January 18, 2023, the White House added the County of Santa Barbara to the Presidential Major Disaster Declaration to support the State’s storm response and recovery efforts. On April 3, 2023, a Presidential Major Disaster Declaration was declared for the severe winter storms that occurred beginning February 21, 2023, and continuing into March.
Pursuant to the City of Goleta Municipal Code Section 3.05.120 for Urgencies, Public Works staff engaged in immediate emergency operations by securing necessary contractors and consultants to permit the continued performance of the operations and services of the City, and to avoid the immediate danger to life, health, or property caused by the January and March 2023 storms. On June 6, 2023, the City Council 1 Meeting Date: December 19, 2023
ratified several agreements and amendments associated with the Winter Storm projects. Several of these projects have since been completed.
DISCUSSION:
Ellwood Beach Drive Drain Repair Project - 23STRM-02
On May 19, 2023 , Public Works issued Toro Enterprises, Inc. (Toro) a Notice to Proceed to commence work on May 22, 2023 . Construction activities consisted of the reconstruction of a damaged drainage channel, inspecting and reconnecting the existing storm drain pipe, installing temporary erosion control to reduce water flow and mitigate future damage, and clearing debris in the work area.
Toro completed construction on May 25, 2023 . The estimated cost of the project was $70,000, and the final cost after completion was $ 59,737. This project was completed with $10,263 of remaining funds.
Public Works is recommending adoption of the proposed resol ution to facilitate the final close-out of this project (Attachment 1). A Notice of Completion pursuant to Public Contract Code §20854 is recommended for approval and direction to be filed with the County of Santa Barbara, County Recorder Office (Attachment 2).
Cathedral Oaks Slope Stability Project - 23STRM-08
On July 25, 2023, Public Works issued Toro a Notice to Proceed to commence work on July 28, 2023. Construction activities consisted of excavating the soil at and around the sinkhole to determine the exten t of the underground voids , refilling the sinkhole and excavated area with a specialized foam concrete slurry material, and backfill ing on top of the slurry material with native soil.
Toro completed construction on August 4, 2023. The estimated cost of the project was $600,000, and the final cost after completion was within budget at $142, 393. This project was completed with $458,607 of remaining funds.
Public Works is recommending adoption of the proposed resolution to facilitate the final close-out of this project (Attachment 3). A Notice of Completion pursuant to Public Contract Code §20854 is recommended for approval and direction to be filed with the County of Santa Barbara, County Recorder Office (Attachment 4).
FISCAL IMPACTS:
Total Project Costs
The total cost of construction for these emergency storm construction contracts was $202,130. Table 1 below shows the costs of each project and the funding source. 2 Meeting Date: December 19, 2023
Table 1 – Final Project Cost Summary
Project Components Project
Costs
Funding Source Funding
Amounts
Ellwood Beach Drive Drain
Repair
$59,737 General Fund
(101)
$202,130
Cathedral Oaks Slope Stability $142,393
Total $202,130 Total $202,130
Table 2 below summarizes the contract budget , funding source accounts, and costs associated with the Ellwood Beach Drive Drain Repair.
Table 2 – Construction Cost Funding Summary – Ellwood Beach Drive Drain Repair Project
Account Fund Type Contract
Authority
Amount Used Amount
Remaining
101-50-5200-
54004
General Fund $70,000 $59,737 $10,263
Table 3 below summarizes the contract budget, funding source accounts, and costs associated with the Cathedral Oaks Slope Stability Project.
Table 2 – Construction Cost Funding Summary – Cathedral Oaks Slope Stability Project
Account Fund Type Contract
Authority
Amount Used Amount
Remaining
101-50-5200-
54004
General Fund $600,000 $142,393 $457,607
ALTERNATIVES:
The City Council may elect to direct staff not to file a Notice of Completion for any of the various projects . If a Notice of Completion is not filed , then the project will not be officially closed out.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
3 Meeting Date: December 19, 2023
ATTACHMENTS:
1. Resolution No. 23-___, entitled “ A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Ellwood Beach Drive Drain Repair Project.”
2. Notice of Completion for the Ellwood Beach Drive Drain Repair Project
3. Resolution No. 23 -___, entitled “ A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Cathedral Oaks Slope Stability Project.”
4. Notice of Completion for the Cathedral Oaks Slope Stability Project 4 ATTACHMENT 1
Resolution No. 23-XXX, entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Ellwood Beach Drive Drain Repair Project.”
5 RESOLUTION NO. 23 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE ELLWOOD BEACH DRIVE DRAIN
REPAIR PROJECT
WHEREAS, on June 6, 2023 , the City of Goleta authorized award of a construction contract to Toro Enterprises, Inc. , for the Ellwood Beach Drive Drain Repair Project; and
WHEREAS, the City Engineer has evaluated the work and has determined that the work was satisfactorily completed within the City contract period and within budget; and
WHEREAS, the City Engineer recommends the filing of a Notice of Completion pursuant to Civil Code section 9204.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA AS FOLLOWS:
SECTION 1.
The work required to be performed by said Contractor has been completed.
SECTION 2.
The work is hereby accepted and approved based on the recommendation of the City Engineer.
SECTION 3.
The Finance Department is directed to release retention posted for the completion of the project as required by the California Civil Code.
SECTION 4.
The City Clerk is directed to forthwith forward a Notice of Completion to the Recorder of the County of Santa Barbara for recording.
SECTION 5.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
6 PASSED, APPROVED, AND ADOPTED this 19th day of December 2023.
__________________________
PAULA PEROTTE,
MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
7 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-___ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 19th day of December 2023, by the following vote of the Council.
AYES:
NOES:
ABSENT:
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
8 ATTACHMENT 2
Notice of Completion for the Ellwood Beach Drive Drain Repair Project
9 RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
ATTN: CITY CLERK
__________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fee, per Government Code
Section 27383
CITY OF GOLETA, CALIFORNIA
By: __Deborah S. Lopez______
City Clerk
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of Goleta, California, 130 Cremona Drive, Goleta, CA 93117 to Toro Enterprises, Inc., 1201 Ventura Blvd, Oxnard, CA 93036, for the performance of the following work:
ELLWOOD BEACH DRIVE DRAIN REPAIR PROJECT
Said work was completed on May 25, 2023 , by said company; was completed in accordance with City standards and to the satisfaction of the City Engineer of the City of Goleta; and was accepted by the City Council of the City of Goleta, owner, at a regular meeting thereof held on the 19th day of December 2023, by Resolution No. 23-___.
DATED this 19th day of December, 2023, at Goleta, California.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
______________________________
DEBORAH S. LOPEZ,
CITY CLERK
10 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss
CITY OF GOLETA )
I, Deborah S. Lopez, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Santa Barbara County Recorder by said City Council.
DATED this 19th day of December 2023, at Goleta, California.
________________________________
DEBORAH S. LOPEZ
CITY CLERK
11 ATTACHMENT 3
Resolution No. 23-___, entitled “A Resolution of the City Council of the City of Goleta, California, Authorizing the Filing of a Notice of Completion for the Cathedral Oaks Slope Stability Project.”
12 RESOLUTION NO. 23 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, AUTHORIZING THE FILING OF A NOTICE
OF COMPLETION FOR THE CATHEDRAL OAKS SLOPE
STABILITY PROJECT
WHEREAS, on May 31, 2023 , the City of Goleta authorized award of a construction contract to Toro Enterprises, Inc., for the Cathedral Oaks Slope Stability Project; and
WHEREAS, the City Engineer has evaluated the work and has determined that the work was satisfactorily completed within the City contract period and within budget; and
WHEREAS, the City Engineer recommends the filing of a Notice of Completion pursuant to Civil Code section 9204.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GOLETA AS FOLLOWS:
SECTION 1.
The work required to be performed by said Contractor has been completed.
SECTION 2.
The work is hereby accepted and approved based on the recommendation of the City Engineer.
SECTION 3.
The Finance Department is directed to release retention posted for the completion of the project as required by the California Civil Code.
SECTION 4.
The City Clerk is directed to forthwith forward a Notice of Completion to the Recorder of the County of Santa Barbara for recording.
SECTION 5.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
13 PASSED, APPROVED, AND ADOPTED this 19th day of December 2023.
__________________________
PAULA PEROTTE,
MAYOR
ATTEST: APPROVED AS TO FORM:
_________________________ __________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
14 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Resolution No. 23-___ was duly adopted by the City Council of the City of Goleta at a regular meeting held on the 19th day of December 2023, by the following vote of the Council.
AYES:
NOES:
ABSENT:
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
15 ATTACHMENT 4
Notice of Completion for the Cathedral Oaks Slope Stability Project
16 RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
ATTN: CITY CLERK
__________________________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE
Exempt from recording fee, per Government Code
Section 27383
CITY OF GOLETA, CALIFORNIA
By: __Deborah S. Lopez______
City Clerk
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that a contract was heretofore awarded by the City Council of the City of Goleta, California, 130 Cremona Drive, Goleta, CA 93117 to Toro Enterprises, Inc., 1201 Ventura Blvd, Oxnard, CA 93036 for the performance of the following work:
CATHEDRAL OAKS SLOPE STABILITY PROJECT
Said work was completed on August 4, 2023, by said company; was completed in accordance with City standards and to the satisfaction of the City Engineer of the City of Goleta; and was accepted by the City Council of the City of Goleta, owner, at a regular meeting thereof held on the 19th day of December 2023, by Resolution No. 23-___.
DATED this 19th day of December, 2023, at Goleta, California.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
______________________________
DEBORAH S. LOPEZ,
CITY CLERK
17 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss
CITY OF GOLETA )
I, Deborah S. Lopez, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Notice of Completion is true and correct, and that said Notice of Completion was duly and regularly ordered to be recorded in the Office of the Santa Barbara County Recorder by said City Council.
DATED this 19th day of December 2023, at Goleta, California.
________________________________
DEBORAH S. LOPEZ
CITY CLERK
18