Attachment E - FTIP
FTIP #: LA0G1106
Subregion ID: Gateway Cities
Project#: MM5509.10
FA# 9200000000M550910
03.01.19 Measure M FA - MSP
Attachment F Bond Requirements
1 ATTACHMENT F
BOND REQUIREMENTS
The provisions of this Attachment F apply only if and to the extent some or all of the Funds are derived from LACMTA issued Bonds or other debt, the interest on which is tax exempt for federal tax purposes (collectively, the "Bonds").
GRANTEE acknowledges that some or all of the Funds may be derived from Bonds, the interest on which is tax-exempt for federal tax purposes. GRANTEE further acknowledges its understanding that the proceeds of the Bonds are subject to certain ongoing limitations relating to the use of the assets financed or provided with such proceeds ("Project Costs" or "Project Components") in the trade or business of any person or entity other than a governmental organization (any such use by a person or entity other than a governmental organization is referred to as "Private Use"). Private Use will include any sale, lease or other arrangement pursuant to which a nongovernmental person or entity receives a legal entitlement of a Project Component and also includes certain agreements pursuant to which a nongovernmental person will operate or manage a Project Component. Each quarterly invoice submitted by GRANTEE to reimburse prior expenditures (or to be received as an advance) shall provide information regarding the specific Project Costs or Project Components to which the Funds which pay that invoice will be allocated and whether there is or might be any Private Use associated with such Project Costs or Project Components.
GRANTEE will, for the entire time over which LACMTA's Bonds or other debt remains outstanding, (1) notify and receive LACMTA' s approval prior to entering into any arrangement which will or might result in Private Use and (2) maintain records, including obtaining records from contractors and subcontractors as necessary, of all allocations of Funds to Project Costs or Project Components and any Private Use of such Project Costs or Project Components in sufficient detail to comply and establish compliance with Section 141 of the Internal Revenue Code of 1986, as amended (the "Code"), or similar code provision then in effect and applicable, as determined by LACMTA in consultation with its bond counsel.
GRANTEE will designate one or more persons that will be responsible for compliance with the obligations described in this Attachment F and notify LACMTA of such designations.
To: Mayor and City Council
From: City Manager
Meeting Date: December 12, 2023
Subject: CITYWIDE RESURFACING – OVERLAY AND
RECONSTRUCTION PROJECT (CIP NO. 50048) – NOTICE
OF COMPLETION
Recommendation:
1. Accept the work as completed for the Citywide Resurfacing – Overlay and Reconstruction Project (CIP No. 50048) constructed by R.J. Noble Company and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager or his designee to release the retention payment to R.J. Noble Company following the mandatory waiting period from the date the Notice of Completion is recorded.
Fiscal Impact:
Funding for CIP No. 50048 in the amount of $11,330,000 was appropriated as part of the fiscal year (FY) 2021-2022 Adopted Budget. On August 23, 2022, the City Council approved an amendment to the FY 2022-23 Adopted Budget by transferring $585,000 in COP Funds (Fund 305) from CIP No. 50048 to the Overlay Improvements on Whittier Blvd (CIP No. 21346). On June 27, 2023, the City Council approved another transfer of $700,000 in COP Funds (Fund 305) from CIP No. 50048 to the Regional Bikeway Project (CIP No. 21280), leaving a total budget of $10,045,000 for CIP No. 50048. The project was completed for an approximate total cost of $8,299,801. The unused balance of approximately $1,745,199 will be unencumbered and made available for future capital projects.
Discussion:
This project included street resurfacing by grinding the existing pavement surfaces and placing a new asphalt overlay, a treatment that restores failing pavement to good condition thereby prolonging the service life of existing pavement. The project also includes reconstruction where poor pavement and/or the subgrade has degraded to the extent that resurfacing would not be effective. In these instances, complete removal and reconstruction of the entire depth of street pavement and portions of the subgrade was necessary. The scope also included replacement of damaged curbs and gutters, and reconstruction of cross gutters prone to local flooding. New striping using thermoplastic 17 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 12, 2023 CITYWIDE RESURFACING – OVERLAY AND RECONSTRUCTION PROJECT (CIP NO. 50048) – NOTICE OF COMPLETION
was installed on top of new roadway surfaces. Regulatory and warning signs were upgraded throughout the project limits, as needed.
On January 25, 2022, the City Council awarded a construction contract to R.J. Noble Company in the amount of $8,815,145 and authorized $881,515, (approximately 10% of the total contract amount), for construction contingency, as needed. The project was successfully completed on September 21, 2023, in accordance with the specifications, and within schedule and budget. The final cost for construction completed by R.J. Noble Company, after adjustments for final quantities, is $7,501,014.
The table below summarizes the total project budget and expenditures:
Conclusion:
The project was delivered within budget for an approximate total cost of $8,299,801, which includes design, public outreach, construction, construction management, inspection services, and project administration. The unspent project funds, approximately $1,745,199, will be unencumbered for future capital projects. Staff recommends accepting the project as complete, filing a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office, and releasing the retention payment to R.J. Noble Company following the statutory waiting period from the date the Notice of Completion is recorded.
Steve Carmona
SC:NN:GE:ll
Project Funding Budget
305.70.7300.54500-50048 (COP) $9,245,000
202.70.7300.54500-50048 (SB1) $800,000
Total Project Budget: $10,045,000
Project Expenditures Cost
Design $518,340
Public Outreach Support $26,708
Construction Contract (actual quantities) $7,312,542
Construction Change Order No. 1 $188,472
Construction Management and Inspection $237,683
Project Administration $16,056
Total Project Expenditures $8,299,801
To: Mayor and City Council
From: City Manager
Meeting Date: December 12, 2023
Subject: ADA CITY HALL / CITY HALL WEST PROJECT
(CIP NO. 50035 AND 50073) – NOTICE OF COMPLETION
Recommendation:
1. Accept the work as completed for the ADA City Hall / City Hall West Project, (CIP Nos. 50035 and 50073) constructed by Empire Design & Build LLC (Empire) and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager or his designee to release the retention payment to Empire following the mandatory waiting period from the date the Notice of Completion is recorded.
Fiscal Impact:
Funding for CIP Nos. 50035 and 50073 in the amount of $1,118,840 was appropriated in Community Development Block Grant Funds (CDBG Fund 280, Account No. 280.70.7300-54500-CIP.50073) and $220,000 in Public Image Enhancement Funds (PIE Fund 220 – 220.70.7300-54500-CIP.50073), for a total project budget of $1,338,840. The project was completed for an approximate total cost of $1,181,577. The unused balance in both funds totaling approximately $157,263 will be unencumbered and made available for future capital projects.
Discussion:
The project included Americans with Disabilities Act (ADA) improvements of both the City Hall and City Hall West public lobbies and restrooms for ADA Compliance, including reconstruction of counters, plumbing, interior finishes, electrical and HVAC modifications, doors, flooring, ceilings, millwork, ADA railings, signage, sidewalks, and parking lot improvements.
18 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 12, 2023 ADA CITY HALL / CITY HALL WEST PROJECT (CIP NOS. 50035 AND 50073) –
NOTICE OF COMPLETION
On September 12, 2022, the City Council awarded a construction contract to Empire in the amount of $596,900 and authorized $89,535 for construction contingency, as needed.
As shown in the table below, actual constructed quantities total $496,810 and the City issued three (3) change orders totaling $261,968. Allowing for these amendments to the contract, the project was successfully completed on October 11, 2023, within budget, and in accordance with the specifications. The final cost for construction completed by Empire is $758,778.
The table below summarizes the total project budget and expenditures:
Project Funding Budget
280.70.7300.54500-50035 (CDBG) $174,355
280.70.7300.54500-50073 (CDBG) $944,485
220.70.7300.54500-50073 (PIE) $220,000
Total Project Budget: $1,338,840
Project Expenditures Cost
Design $192,180
Construction Contract (final quantities adjusted) $496,810 Construction Change Order No. 1 $55,094
Construction Change Order No. 2 $42,102
Construction Change Order No. 3 $164,772
Construction Management and Inspection $210,767
Project Administration $19,852
Total Project Expenditures $1,181,577
Conclusion:
The project was delivered within budget for an approximate total cost of $1,181,577, which includes design, construction, construction management, inspection services, and project administration. Any unspent project funds, approximately $157,263, will be unencumbered for future capital projects. Staff recommends accepting the project as complete, filing a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office, and releasing the retention payment to Empire following the statutory waiting period from the date the Notice of Completion is recorded.
Steve Carmona
SC:NN:GE:ll
To: Mayor and City Council
From: City Manager
Meeting Date: December 12, 2023
Subject: CITYWIDE RESURFACING – SLURRY AND CAPE SEAL
(CIP NO. 50067) – NOTICE OF COMPLETION
Recommendation:
1. Accept the work as completed for the Citywide Resurfacing - Slurry and Cape Seal (CIP NO. 50067) constructed by All American Asphalt and authorize the City Clerk to file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
2. Authorize the City Manager or his designee to release the retention payment to All American Asphalt following the mandatory waiting period from the date the Notice of Completion is recorded.
Fiscal Impact:
Funding for CIP No. 50067 in the amount of $2,300,000 was appropriated as part of the fiscal year (FY) 2022-2023 Adopted Budget. The project was completed for an approximate total cost of $2,066,872. The unused balance of approximately $233,128 will be unencumbered and made available for future capital projects.
Discussion:
The Capital Improvement Program (CIP) included funding for these citywide street improvements based on the City’s adopted Pavement Management System (PMS).
Street sealing and cape sealing are types of preventative maintenance measures that prolong the service life of existing pavements.
On March 28, 2023, the City Council awarded a construction contract to All American Asphalt in the amount of $2,016,025 and authorized $100,775, (approximately 5% of the total contract amount), for construction contingency, as needed. The project was successfully completed on November 1, 2023, in accordance with the specifications, and within schedule and budget. The final cost for construction completed by All American Asphalt, Inc., after adjustments for final quantities, is $1,945,189. 19 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 12, 2023 CITYWIDE RESURFACING – SLURRY AND CAPE SEAL (CIP NO. 50067) – NOTICE
OF COMPLETION
The table below summarizes the total project budget and expenditures:
Project Funding Budget
202.70.7300.54500-50067 (SB1) $1,300,000
400.70.7300.54500-50067 (CIP) $1,000,000
Total Project Budget: $2,300,000
Project Expenditures Cost
Design $49,633
Construction Contract (final quantities adjusted) $1,893,712 Construction Change Order No. 1 $2,020
Construction Change Order No. 2 $49,457
Construction Management and Inspection $61,050
Project Administration $11,000
Total Project Expenditures $2,066,872
Conclusion:
The project was delivered within budget for an approximate total cost of $2,066,872, which includes design, construction, construction management, inspection services, and project administration. Any unspent project funds, approximately $233,128, will be unencumbered for future capital projects. Staff recommends accepting the project as complete, filing a Notice of Completion with the Los Angeles County Registrar-Recorder’s Office, and releasing the retention payment to All American Asphalt following the statutory waiting period from the date the Notice of Completion is recorded.
Steve Carmona
SC:GE:NC:ll
To: Mayor and City Council
From: City Manager and City Attorney
Meeting Date: December 12, 2023
Subject: FIRST READING – ORDINANCE AMENDING CHAPTER 2.08
OF THE PICO RIVERA MUNICIPAL CODE RELATING TO
THE CITY COUNCIL COMPENSATION PURSUANT TO SB
329
Recommendation:
1. Introduce and waive the first reading of an ordinance approving the findings contained therein, which demonstrate the need for an increase in the City Council compensation.
Fiscal Impact:
If adopted, the monthly salary of City Council members would be adjusted from the current salary of $822.14 to $1,685.38. Additionally, $50,000 will need to be appropriated from the General Fund Unappropriated Fund Balance for the compensation adjustment.
Background:
Existing California law allows the City Council to enact an ordinance to provide each member of the City Council a salary based on the population of the City as specified in Government Code Section 36516. Pursuant to existing law, the City of Pico Rivera compensates its council members with a monthly salary of $822.14. This monthly salary has not been adjusted or increased since 2002.
On June 23, 2023, the Governor signed into law Senate Bill (SB) 329 which made changes to both the amount of salary council members may receive and changes to the manner in which adjustments can be made. This report, along with the attached proposed ordinance will address and implement the adjustments authorized by SB 329.
As stated above, City of Pico Rivera City Council have not received a salary adjustment since 2002 and has remained the same for the past 21 years. As indicated in the proposed ordinance, the reasons for this adjustment are two-fold: 1) the Statewide compensation schedule for general law cities, which includes the City of Pico Rivera, has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation and 2) by allowing Pico Rivera to adjust Council compensation will create the 20 CITY COUNCIL AGENDA REPORT – MEETING OF DECEMBER 12, 2023 ORDINANCE AMENDING CHAPTER 2.08 OF THE PICO RIVERA MUNICIPAL CODE RELATING TO THE CITY COUNCIL COMPENSATION PURSUANT TO SB 329
opportunity for the Pico Rivera City Council will be able to become more diverse as a result of the increased compensation. This new compensation will encourage individuals from different income levels to seek to serve as council members by receiving sufficient income for their public service, while continuing to support their families as they serve as a member of the City Council.
Discussion:
The recommended action is consistent with the newly adopted SB 329. The salary provided to local elected officials is much lower than salaries provided to other Federal, State and County officials. While this adjustment will not truly compensate council members for the significant hours spent serving the City of Pico Rivera, it is an increase both in line with inflation and also authorized by law.
Pursuant to SB 329, the salary adjustment base amount is $1,600 per month. There is the ability to increase this salary by an amount equal to 5% for each calendar year from the operative date of the last adjustment of the salary in effect when this ordinance is enacted.
The last adjustment took place 21 years ago. The multiplier of 5% times 21 equals 105%.
The current salary of $822.14 x 105% = $1,685.38. It is important to note that, if adopted, this new salary would not take effect until after the results are certified for the next City Council election, which is November 2024, in accordance with Government Code section 36516.5.
Conclusion:
It is recommended that the City Council introduce and waive the first reading of the proposed ordinance and direct this item to be presented for a second reading and adoption at the City Council meeting of January 9, 2024.
Steve Carmona
Arnold M. Alvarez-Glasman
SC:AMAG
Enclosures: 1) Ordinance
2) Senate Bill (SB) 329
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, ADJUSTING THE COMPENSATION OF
MEMBERS OF THE CITY COUNCIL PURSUANT TO AND CONSISTENT
WITH SENATE BILL 329
WHEREAS, on June 23, 2023, the Governor signed into law Senate Bill (SB) 329 which made changes both to the amount of salary council members may receive and changes to the manner in which adjustments can be made; and WHEREAS, City Council members have not received a salary adjustment since 2002 and for the past 21 years members of the Pico Rivera City Council’s compensation has remained the same; and
WHEREAS, the City Council makes the findings set forth herein as required by SB 329 demonstrating the need for the increased compensation, which are as follows: (1) the Statewide compensation schedule for general law cities, which includes the City of Pico Rivera, has not been adjusted since 1984, meaning that city council compensation has not kept pace with inflation and (2) by allowing Pico Rivera to adjust Council compensation will create the opportunity for the Pico Rivera City Council to become more diverse as a result of the increased compensation. This new compensation will encourage individuals from different income levels to seek to serve as council members by receiving sufficient income for their public service, while continuing to support their families as they serve as a member of the City Council; and WHEREAS, in accordance with California Government Code section 36516.5, the new adjusted compensation salaries will not take effect until one or more members of the City Council begins a new term of office following the November 2024 election; and WHEREAS, by adopting this Ordinance the City Council desires to implement the salary adjustment and other elements of SB 329 in order to remain consistent with California State Law.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Pico Rivera as follows:
SECTION 1. The compensation salary of members of the City Council for the City of Pico Rivera shall be set at $1,685.38 per month.
SECTION 2. The findings set forth above are hereby adopted and incorporated into this Ordinance thus demonstrating the need for such adjustment and fulfilling the requirements of SB 329(g)(2).
SECTION 3. Pursuant to California Government Code section 36516.5, the increased salary set forth in Section 1 of this Ordinance shall go into effect and become Enclosure 1
20a
ORDINANCE NO. ____
payable for all City Council members when one or more members of the City Council becomes eligible for a salary increase by virtue of a Council Member beginning a new term of office following the November 2024 general municipal election. All other elements and mandates of SB 329 shall be implemented by the adoption of this Ordinance.
SECTION 4. The City Clerk shall certify the adoption of this Ordinance. The City Council hereby finds and determines that there are no newspapers of general circulation both published and circulated within the City and, in compliance with Section 36933 of the Government Code directs the City Clerk to cause said Ordinance, within fifteen (15) days after its passage, to be posted in at least five (5) public places within the City. This Ordinance shall take effect thirty (30) days after its adoption.
APPROVED AND ADOPTED this ____ day of ________, 2024.
________________________________
Erik Lutz, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ____________________________________ Cynthia Ayala, CMC, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
) §
COUNTY OF LOS ANGELES )
I, Cynthia Ayala, City Clerk of the City of Pico Rivera, do hereby certify that the foregoing Ordinance No. _____ was adopted at a regular meeting of the City Council of the City of Pico Rivera, held on Tuesday, ____________, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Cynthia Ayala, CMC, City Clerk
Enclosure 2
20b
COUNCIL
MEETING
DATE
COUNCIL MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager Reports;
Informal Action
DISCUSSION
ITEM
ACTION ITEM
DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
2/14/2023 Garcia/Sanchez Establishing Safe Spaces for kids Take to City Council P. Yugar TBD 2/14/2023 8/8/2023 In-Progress 11/14/2023 Lara/Lutz MHKO Ordinance Take to City Council A. Betancourt
GOOD OF THE ORDER