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C11-11 - Department of Transportation08- SBd -60 -PM 27.97/30.23 New IC on SR -60 at Potrero Blvd Between Jackrabbit Trail and I -10 EA 341400 EA 341411 EA 341421 District Agreement No. 8 -1334 A/1 Project Number 0800000612 AMENDMENT NO. 1 TO AGREEMENT NO. 1334 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 8 -1334, entered into effective on 7 is between the STATE of CALIFORNIA, acting by and through its D TvAtment of Transporitation, referred to herein as "STATE," and the CITY OF BEAUMONT, a body politic and a municipal corporation of the State of California referred to herein as "CITY." RECITALS The parties hereto entered into Agreement No. 8 -1334 on February 28, 2008, said Agreement defining the terms and conditions to construct a new interchange on State Route 60 (SR -60) at Potrero Boulevard between Jackrabbit Trail and Interstate 10 (I- 10) /SR -60 freeway -to- freeway interchange to the east in the city of Beaumont, referred to herein as "PROJECT." 2. The CITY requested to split the project into two phases, each with separate expenditure authorizations (EA's) that have already been created. There will be separate PS &E and R/W portions of work for each phase. The PA &ED portion of project will continue to be performed and charged to the original EA. Federal Section 129, Demonstration SAFETEA -LU (Demo -Lu), and Earmark funds will be used for a portion of the Right of Way capital costs of each phase. IT IS THEREFORE MUTUALLY AGREED: Under RECITALS of Agreement No. 8 -1334, Article 3 is hereby amended in its entirety to read as follows: 643. CITY is willing to fund one hundred percent of all PROJECT support costs for PA &ED, PS &E and Right of Way using CITY funds, and will fund one hundred percent of all Right of Way capital outlay costs using Federal Section 129, Demonstration SAFETEA -LU (Demo -Lu), Earmarks and City funds, except that the costs of STATE's Independent Quality Assurance (IQA) of PROJECT District Agreement 8 -1334 A/1 development and Right of Way activities and STATE's costs incurred as the California Environmental Quality Act (CEQA) Lead Agency and if applicable, the National Environmental Policy Act (NEPA) Lead Agency in the review and approval, if appropriate, of the PROJECT environmental documentation prepared entirely by CITY. The PROJECT funding is shown on the Funding Summary, dated May 6, 2011, attached hereto and made a part of this Agreement. If it becomes necessary for an increase in PROJECT funding, said increase will be paid in full by CITY using local funds." 2. Under SECTION I of Agreement No. 8 -1334, Article 1 is hereby amended in its entirety to read as follows: 991. To fund one hundred percent of all PROJECT support costs for PA &ED, PS &E and Right of Way using CITY funds, and will fund one hundred percent of all Right of Way capital outlay costs using Federal Section 129, Demo -Lu, Earmarks and City funds, except for costs of STATE's IQA, STATE's review, comment and approval if appropriate, of the PROJECT environmental documentation for CEQA and if applicable, the NEPA process. The PROJECT funding is shown on the Funding Summary, dated May 6, 2011, attached hereto and made a part of this Agreement. If it becomes necessary for an increase in PROJECT funding, said increase will be paid in full by CITY using local funds." 3. Under SECTION II of Agreement No. 8 -1334, new Article 4 is hereby added to read as follows: 664. STATE will administer all federal subvention funds identified on the FUNDING SUMMARY." 3. Under SECTION III of Agreement No. 8 -1334, new Article 25 is hereby added to read as follows: "25. The cost of any engineering support performed by STATE includes all direct and applicable indirect costs. STATE calculates indirect costs based solely on the type of funds used to pay support costs. State and federal funds are subject the current Program Functional Rate. Local funds are subject to the current Program Functional Rate and the current Administration Rate. The Program Functional Rate and the Administration Rate are adjusted periodically." 4. The new FUNDING SUMMARY, dated May 6, 2011, is attached and made part of this Agreement. All other terms and conditions of said Agreement shall remain in full force and effect. 6. This Amendment No. 1 to Agreement is hereby deemed to be a part of said Agreement. SIGNATURES ARE ON FOLLOWING PAGE 2 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: 4L,RAYM D W. W E, PhD District irector APPROVED AS TO FORM AND PROCEDURE By: Attorney, Department of Transportation CERTIFIED AS TO FUNDS: B �L S PACHECO District Budget Manager CERTIFIED AS TO FINANCIAL TERMS AND POLICIES: n? I Accounting ATiinistrator� r 3 District Agreement 8 -1334 A/I CITY OF BEAUMONT Mayor Attest: CITY Clerk APPROVED AS TO FORM AND PROCEDURE: By: D CIT ounsel District Agreement 8 -1334 A/1 FUNDING SUMMARY May 6, 2011 FUND FUND PROJECT STATE'S Total SOURCE TYPE PHASE SHARE CITY's SHARE CITY's SHARE EA 341400 EA 341411 EA 341421 Local CITY PA &ED $0 Funds $ 100% $ 100% Local CITY PS &E $0 Funds $ 100% $ 100% Local CITY Right of Way $0 Funds Engineering $ 100% $ 100% Federal Section 129 Right of Way $0 Funds Capital $400,000 $1,070,000 $1,470,000 Federal Demo -Lu Right of Way $0 Funds Capital $440,000 $1,160,000 $1,600,000 Federal Earmarks Right of Way $0 Funds Capital $275,000 $725,000 $1,000,000 Local CITY Right of Way $0 Funds Capital $750,000 $1,980,000 $2,730,000 WORKSHOP Minutes Beaumont City Council Beaumont Redevelopment Agency Beaumont Financing Authority Beaumont Utility Authority 550 E. 6th Street, Beaumont, California City Council Workshop (4:00 p.m.) Closed Session (5:00 p.m.) Regular Session (6:00 p.m.) Tuesday, June 7, 2011 - 1) Fund Balance Policy 2) Proposed Capital Improvement Plan (CIP) Budget REGULAR SESSION Call to Order. 6:02 CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL 0 UMENT 0 FILE 11-OFFICE F T ITY CLER By TITLE ; r J DATE Place: Civic Center, Room 5 Roll Call: Mayor De Forge, Mayor Pro Tern Berg, Council Member Castaldo, Council Member Fox and Council Member Gall were present. Invocation: Ron Bridges - Victory Tabernacle Church Pledge of Allegiance: Presentation: Ben Cloninger — Donation for MDA Golf Tournament $2,812.00 Proclamation - Amanda Hendey Linda Hanley — Boys and Girls Club Adjustments to Agenda: None 1. COUNCIL REPORTS (This is the portion of the agenda where the City Council will present updates on city actions taken, committee assignments, and training and travel) a) Mayor De Forge - Run to the Wall, Career Day at Beaumont Unified, Burn the Mortgage, Picnic with your Legislator, Miss Beaumont Pageant, Beaumont Youth Advisory Committee, Mayors Breakfast, Loma Linda Memorial, LEAC Awards, Breezin through Beaumont, Memorial Day Ceremony, Cherry Festival. b) Mayor Pro Tern Berg - Cherry Festival Parade, Pancake Breakfast, RCTC Update, WRCOG Update. c) Council Member Castaldo - League of California Cities Conference Update, LEAC Award Dinner, Cherry Festival. d) Council Member Fox - Beaumont Men's Rugby game, RTA will be donating a van to local charity. e) Council Member Gall - Cherry Festival Parade, Stop Signs at 13th and Michigan 2. CITY MANAGER REPORTS (City of Beaumont Core Values: Treat everyone right, Keep a customer service focus; Effective communication; Present opportunity; Operate like a great business; Eliminate bureaucratic solutions; Embrace positive change) a. Beaumont Charitable Foundation (made up of donations from citizens, employees and contractors) 1) Don Messler — Run for the Wall - Update 2) Chad Devlin — Iron Man Competition 3) Pass the Boot — Cherry Festival Parade - Update b. Community Information and Local Project Update 1) '1 have a friend who wants to......" Update 2) Manufactured - Mobile Home a) Energy - Efficiency Program b) Inspection Support for Park Residents 3) Marketing the City — International Conference of Shopping Centers 4) Wastewater Treatment Plant Tour 5) Profile of the City of Beaumont 6) Pass Area Transit Ad -Hoc Committee C. Calendar of Events 1) June 2 -5, 2011 — Cherry Festival — Stewart Park 2) June 2, 2011 — Centennial Bridge Soft Opening — 4 p.m. onsite 3) June 11, 2011 — Disc Golf Tournament — MDA Fundraiser Event 4) June 11, 2011 — Beaumont Municipal Pool full opening for summer swim 5) July 4, 2011 — Independence Day Celebration /Concerts in the Park 6) 1st Wednesday of each Month — Beaumont Care Awareness Team 7) Second and Third Wednesday of Each Month — Story Time Cafe 8) Potential Summer Schedule for City Council Meetings — July 19, August 16, September 20 d. Rumor Control, and Report on Oral and Written Communications 3. CONSENT CALENDAR (This portion of the Agenda is for items that do not require a Public Hearing or discussion.) a. Approval of all Ordinances and Resolutions to be read by title only and publish by summary b. Approval of the Minutes of the City Council Meeting May 17, 2011 C. Approval of the Warrant List for June 7, 2011. d. Authorization to Accept an Offer of Dedication 08 -D -013 for a Corner Cut at the Southeast Corner of 3`d Street and Maple Avenue. e. Adopt Resolution No. 2011 -11 — A Resolution of the City Council of the City of Beaumont, California, Determining and Levying the Special Tax in Community Facilities District No. 93 -1 for Fiscal Year 2011 -2012. f. Adopt Resolution No. 2011 -12 — Resolution of the City Council of the City of Beaumont, California Approving the Appropriation Limit for the 2011 -2012 Fiscal Year. g. Adopt Resolution No. 2011 -13 — A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Weed Abatement Charges and Directing the County Auditor to Collect Such Fees on the Tax Roll. h. Adopt Resolution No. 2011 -14 — A Resolution of the City Council of the City of Beaumont, California Ordering the Collection of Delinquent Sewage and Sanitation Fees and Directing the County Auditor to Collect such fees on the Tax Rolls. i. Adopt Resolution No. 2011 -15 — A Resolution of the City Council of the City of Beaumont, California, Ordering the Collection of Nuisance and Building Abatement Charges and Directing the County Auditor to Collect such Fees on the Tax Rolls. j. Resolution No. 2011 -16 — A Resolution of the City Council of the City of Beaumont Pertaining to the 2011 -2012 CalRecycle Used Oil Payment Program (OPP2). k. Authorization to Acquire Mobile Pumps for the Wastewater System I. Approval of the Investment Policy m. Award of the Agreement for Street Repair of Western Knolls Avenue. n. Authorization to Accept Open Space Lots for Tract 24039 -1, Lots G, H, and I, 24039 -3, Lot A, 24039 -4, Lots A & B, 24039 -5, Lot G within Brookfield Homes, Three Rings subdivision. Lots G & H, as part of 24039 -1, are located on the north and south side of Ring Ranch Road, west of Elm Avenue; Lot I, as part of 24039 -1, is located off of Hurstland Avenue, east of Tartan Way; Lot A, as part of 24039 -3, is located at the southwest corner of Brookside Lane and Claiborne Avenue, Lots A & B, as part of 24039 -4, are located on the north side of Ring Ranch Road at Jonabell Way, and Lot G, as part of 24039 -5, is located on the Southside of Ring Ranch Road at Claiborne West Avenue. o. Approval of Amendment to Cooperative Agreement with Caltrans for Potrero Blvd. Interchange Recommendation: Approval of the Consent Calendar as presented. Item 3..o - Moved to 4.d for pubic request to speak Motion by Council Member Berg, Seconded by Council Member Castaldo to approve the remainder of the Consent Calendar as presented. Vote: 5/0 4. ACTION ITEMS /PUBLIC HEARING /REQUESTS (This portion of the Agenda is for items that require a Public Hearing, discussion, and/or Council direction.) a. 2011/2012 General Fund and Special Fund Budget Recommendation: Hold a Public Hearing and Adopt the 2011/2012 General Fund and Special Fund Budget as presented. Staff report was given by Alan Kapanicas, City Manager Open Public Hearing 7:38 p.m. Judy Bingham - Contracts Gail De Forge - Thank the City Mr. Halliwell - Press Enterprise Article Closed Public Hearing 7:44 p.m. Motion by Council Member Berg, Seconded by Council Member Fox to approve the General Fund and Special Fund Budget as presented. Vote 4/1 (Council Member Gall voted no) b. Preliminary Capital Improvement (CIP) Budget Recommendation: Approve the Preliminary CIP Budget and set the Public Hearing for June 21, 2011 at 6:00 p.m. Staff report was given by Alan Kapanicas, City Manager Motion by Council Member Berg, Seconded by Council Member Fox to approve the Preliminary and set the Public Hearing for June 21, 2011. Vote: 5/0 c. Resolution No. 2011 -10 -A Resolution of the City Council of the City of Beaumont Establishing Annual Sewer Standby Charges. Recommendation: Hold a Public Hearing and Adopt Resolution No. 2011 -10 as presented. Open Public 7:50 p.m. No Speakers Closed Public Hearing 7:51 p.m. Motion by Council Member Berg, Seconded by Council Member Gall to Adopt Resolution No. 2011 -10 as presented. Vote: 5/0 d. Approval of Amendment to Cooperative Agreement with Caltrans for Potrero Blvd. Interchange (moved from Consent Calendar item 3.0) Staff report was given by Alan Kapanicas, City Manager Speakers: Judy Bingham Motion by Council Member Berg, Seconded by Council Member Fox to approve as presented. Vote: 5/0 Oral and Written Communication: Judy Bingham - Pod Casts Adjournment of the City Council Meeting at 8:03 p.m. ZYr; Rgdpec Ily S I n K�panicas� �r City Manager ` STATE OF CALIFORNIA — BUSINESS TRANSPORTATION AND HOUSING AGENCY EDMUND G. BROWN Jr. Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 AGREEMENTS (MS 1070) 464 WEST 4TH STREET, 6TH FLOOR SAN BERNARDINO, CA 92401 -1400 Flex your power! Be energy e PHONE (909) 383 -4068 efficient! August 4, 2011 Mr. Ernest Egger Consulting City Planner City of Beaumont 550 East 6th Street Beaumont, CA92223 Dear Mr. Egger: 08- SBd -60 -PM 27.97/30.23 New IC on SR -60 at Potrero Blvd Between Jackrabbit Trail and I -10 EA 341400, EA 341411 and EA 341421 District Agreement No. 8 -1334 A/1 Project Number0800000612 Enclosed for your records are two (2) executed Cooperative Agreements between the Department of Transportation and the City of Beaumont for the above - referenced project. If you need more information, please contact me at (909) 383 -4068. Si I erely, DENISE CRAIG Office Chief Agreements Enclosures c: Jason Bennecke, Program/Project Management "Caltrans improves mobility across California" STATE OF CALIFORNIA — BUSINESS TRANSPORTATION AND HOUSING AGENCY ARNOLD SC "WARZENEGGER Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 AGREEMENTS (MS 97 1) 464 WEST 4"" STREET, 6T" FLOOR SAN BERNARDINO, CA 92401 -1400 PHONE (909) 388 -7143 FAX (909) 383 -6230 May 9, 2011 Mr. Ernest Egger Consulting City Planner City of Beaumont 550 East 61h Street Beaumont, CA 92223 Dear Mr. Egger: 08- SBd -60 -PM 27.97/30.23 New IC on SR -60 at Potrero Blvd EA 34140 EA 34141 EA 34142 District Agreement No. 8 -1334 A/1 r Flex your power! Be energy efficient! Enclosed for execution by the City of Beaumont (City) are five (5) original Cooperative Agreements for the above - referenced project. Please have the appropriate parties for the City sign and return all original agreements within the next two months with a certified notarized Resolution or Minute Decree approving the agreement and authorizing the execution of the agreement. Please leave the effective date blank. The effective date will be the date the District Director signs the agreement. After the agreement is fully executed, we will return two (2) originals for your records. Alterations of any kind made to the enclosed agreements will render them null and void and will require further review from the State's Legal Counsel. If you need more information, please contact me at (909) 388 -7143. incerely, /VAP-�-- a-4: i V ENISE CRAIG Office Chief Agreements Enclosures c: Jason Bennecke, Program/Project Management "Caltrans improves mobility across California"