CITY OF POMONA
COUNCIL REPORT
April 8, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, City Manager
Submitted By: Rene Guerrero, Public Works Director
SUBJECT: RESOLUTION TO AMEND THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $140,000 OF DISTRICT 4 AMERICAN RESCUE PLAN (ARP) FUNDS AND APPROVE AMENDMENTS TO THE CONSTRUCTION CONTRACT FOR “ADA CURB RAMPS AND PATH OF TRAVEL – CITYWIDE (CDBG) (FY 22-23),” PROJECT NO. 428-2590-XXXXX-67939 RECOMMENDATION:
It is recommended that the City Council take the following actions:
Adopt the following resolution:
RESOLUTION NO. 2024-52 - RESOLUTION TO AMEND THE FY 2023-24 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $140,000 OF DISTRICT 4 AMERICAN RESCUE PLAN (ARP) FUNDS TO “ADA CURB RAMPS AND PATH OF TRAVEL – CITYWIDE (CDBG) (FY 22-23),” PROJECT NO. 428-2590-XXXXX-67939 AND MODIFYING THE PROJECT DESCRIPTION; Authorize the City Manager, or her designee, to execute amendments to the construction contract/agreement with Garcon Construction, Inc. and related documents, or contract with others, as needed for additional ADA curb ramps and path of travel improvements, in the amount of $140,000; and Approve an increase of contingency capacity from City standard of 25% to 50% for the Garcon Construction, Inc. contract for “ADA Curb Ramps and Path of Travel – Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX-67939.
EXECUTIVE SUMMARY:
Approval of Resolution No. 2024-52 (Attachment No. 1) will increase the overall Project budget for “ADA Curb Ramps and Path of Travel – Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX-67939 (Project) by $140,000 and allow for amendments to the construction contract with Garcon Construction, as well as, modify the project description to justify the usage of ARP funds.
SB1439/GOVERNMENT CODE §84308 APPLICABILITY:
☐ When this box is checked, it indicates the agenda item is subject to the Levine Act SB1439 requirements. Councilmembers are reminded to check their campaign contributions and determine whether they have received a campaign contribution of $250 or more that would require disclosure and/or recusal from discussing or acting on this agenda item. Campaign contributions of $250 or more made 1) by any person or entity who is identified in the agenda report as the applicant or proposer or 2) on behalf of the applicant or participant, including a parent, subsidiary or otherwise related business entity, or 3) by any person who has a financial interest in the agenda item requires a councilmember to comply with SB1439.
FISCAL IMPACT:
Approval of Resolution No. 2024-52 will amend the CIP FY 2023-24 budget and increase the overall budget for the Project to $1,576,555, per the table below:
Category
“ADA Curb Ramps and Path of Travel – Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX-67939 Beginning Budget
$1,436,555
Appropriation of ARP (D4) Grant Funds
$140,000
Revised Budget
$1,576,555
Expenditures/Encumbrances (as of March 20, 2024)
($1,314,662)
Remaining available balance
$261,893
PREVIOUS RELATED ACTION:
On June 5, 2023, the City Council adopted Resolution No. 2023-98 to approve the FY 2023-24 CIP Budget.
On January 8, 2024, the City Council awarded a construction contract to Garcon Construction, Inc. in the amount of $1,258,358 for “ADA Curb Ramps and Path of Travel – Citywide (CDBG) (FY 22-23),” Project No. 428-2590-XXXXX-67939.
ENVIRONMENTAL IMPACT:
The Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(c), in that the Project consists of the repair of existing curb ramps, sidewalks, street intersections, and alleys.
DISCUSSION:
All American Rescue Plan (ARP) funds are mandated, per the Grant Agreement, to be obligated by December 31, 2024 and expended by December 31, 2026. Consequently, the City intends to allocate ARP funds toward projects that are ready for construction. This Project is currently under construction and can utilize these ARP funds for streets located within District 4 (Attachment No. 2) and as funds allow.
To justify the use of ARP funds, the Project description (Attachment No. 3) will be modified to include the following language: “The Project is located in a Qualified Census Tract (QCT) or adjacent to a QCT, and pedestrian safety features like ADA curb ramps can facilitate improved mobility and health and safety, improving travel access to parks, medical facilities, and government services, especially for individuals with disabilities. These proposed improvements are in response to the pre-existing disparities that contributed to the COVID-19 disproportionate impacts on low-income communities.” COUNCIL PRIORITIES & GOALS:
This item supports the 2019-20 City Council Priority 1: Fiscal and Operational Responsibility – Goal C: Obtain additional grant funding and other revenues to help achieve City goals.
Prepared by:
Stephanie Carbajal
Program Assistant
Attachment No. 1 – Resolution No. 2024-52
Attachment No. 2 – Improvements by Street Name/Location Attachment No. 3 – CIP Project Details Sheet
Amend CIP Budget by Appropriating $140,000 of D4 ARP to “ADA Curb Ramps and Path of Travel – Citywide (CDBG) (FY 22-23)”