1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro - District 1
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, FEBRUARY 15, 2022 – 6:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION ITEMS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular me mber. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
2 OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Don Duenez - Echoes of Love Ministry
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Recognition of US Rubber CEO Jeff Baldassari
Pediatric Stroke Call Presentation
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the city council, any council member who has received been pro mised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the city council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
MAYOR AND COUNCIL DISCUSSION ITEM
3 PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) CDBG Project Prioritization Fiscal Year 2022-2023 - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NO. R-13-22, PRIORITIZING PROJECTS TO BE FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2022 -2023, RESOLUTION NO.
R-13-22.
[Staff Person: Arthur Morgan]
Mayor announces the Public Hearing Open.
City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.
Staff Presentation.
Public Comment.
After hearing public comment, on motion by Councilmember __________, seconded by Councilmember _________, the Public Hearing is terminated.
MOTION __________ SECOND __________
BUSINESS ITEMS
(2) Ordinance - Asphalt Pavement Cut Repair Moratorium - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Adding Section 12.08.230 to the Colton Municipal Code, to Enact a Pavement Cut Moratorium to Preserve Newly Paved Streets, ORDINANCE NO. O-02-22.
[Staff Person: Brian Dickinson]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comme nts regarding Consent Calendar items; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
4 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(3) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 01, 2022, on file in the Office of the City Clerk.
[Staff Person: Carolina Padilla]
(4) Warrants - Approve voucher numbers 196874 to 196974 dated 01/20/2022 and totaling $515,925.76; voucher numbers 196975 to 197114 dated 1/27/2022 and totaling $3,564,159.27; voucher numbers 197115 to 197202 dated 1/27/2022 and totaling $81,035.68 and payroll disbursement listing dated 12/11/2021 to 12/24/2021 and totaling $820,137.72.
[Staff Person: Stacey Dabbs]
(5) Budget Adjustment/Contract Amendment - Mt. Vernon Bridge Project - Approve and Adopt Resolution No.
R-12-22 to Amend Funding and Consultant Contract for Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project, RESOLUTION NO. R-12-22.
[Staff Person: Brian Dickinson]
(6) Change Order - DM Contracting, Inc. - Approve Change Order No. 1 for FY 20-21 Citywide Sidewalk Improvement Project in the Amount of $35,179.77.
[Staff Person: Brian Dickinson]
(7) Notice of Completion - Gonzales Center Roofing Replacement Project - Approve Notice of Completion for Gonzales Center Roofing Replacement Project.
[Staff Person: Brian Dickinson]
(8) Notice of Completion - HVAC Projects - Approve Notice of Completion for HVAC Upgrade of Childcare Facilities and Gonzales Community Center Basketball Gymnasium. [Staff Person: Brian Dickinson]
(9) Resolution - Support of Initiative to Protect Local Government Zoning and Land Use Authority - Approve and Adopt Resolution No. R-11-22 Expressing Support for Initiative to Protect Local Zoning and Land Use Authority, RESOLUTION NO. R-11-22.
[Staff Person: Mark Tomich]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
ADJOURNMENT
5 I, Stephanie Vargas, the Administrative Assistant to the City Clerk Office, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Coun cil encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provide d for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the mee ting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public i nspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. A ny person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
6 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909-370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an ite m on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ARTHUR MORGAN, ECONOMIC DEVELOPMENT MGR
SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NO. R-13-22, PRIORITIZING
PROJECTS TO BE FUNDED BY COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2022-2023,
RESOLUTION NO. R-13-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City Council (“Council”) accept all public testimony at the duly - noticed public hearing concerning the Community Development Block Grant Funding (“CDBG”) proposals, determine the final prioritized list of CDBG projects for Fisca l Year 2022- 2023, and adopt the attached Resolution No. R -13-22 approving the final prioritized list of CDBG projects for FY 2022-2023.
BACKGROUND
On December 14, 2021, City of Colton (“City”) project applications for CDBG funding were due to the County of San Bernardino Department of Community Development and Housing (“CDH”) for its review for eligibility. Concurrently, additional CDBG applications were to be submitted directly to CDH from various public and private agenc ies requesting funds from the C ity’s CDBG Entitlement Allocation. CDH completed its review of the applications for Colton funding, which included one (1 ) applications from an outside agency. On January 14, 2022, the City received a final list of all eligible project applications.
CDH has requested that the City submit its list of funding recommendations by February 28, 2022. Submission by t his date will allow CDH to meet its schedule for all required public
1.1 Packet Pg. 7
Staff Report to the Mayor and City Council
CDBG Public Hearing for Project Prioritization
February 15, 2022
advertising and the 2022 -2023 CDBG application submittals to the United States Department of Housing and Urban D evelopment ( “HUD”) as part of the County of San Bernardino’s Consolidated Plan.
There were a total of five (5) eligible proposal applications requesting CDBG funds. CDBG statutes require that the governing body of the Cit y take a formal action to prioritize the new eligible proposal applications for the 2022 -2023 CDBG program year. The action is to be based on Colton’s share of the County’s estimate d entitlement allocation of $433 ,935 which is the amount estimated for us by CDH. Fifteen percent (15%) of Colton’s total allocation, $65,090, is available to be allocated for Public Service Projects per CDBG regulations, but may be used for Capital Improvement Projects if directed by the City. A total of $368,845 is available f or construction projects. In addition to the a llocation, approximately $59,373 is available from Unprogrammed Funds, or remaining funds from prior years’ projects, and may be used for construction projects at this time or on future CDBG projects.
ISSUES/ANALYSIS
On January 18, 2011, the Council formed a CDBG Ad Hoc Committee (“Committee”) to provide a review of CDBG eligible project proposal applications and to recommend projects for funding.
Each year, the Ad Hoc Committee meets to review all eligible CDBG proposals in order to make their funding recommendations to the City Council . On January 14, 2022, Committee members met to discuss the Eligible Projects list for FY 2022-2023.
Based on the review of the CDBG eligible pro ject proposal applications, alo ng with the infrastructure needs of the City, the Committee has recommended that the Counc il consider prioritization and funding approval of the projects listed in Resolution R -13-22, which is Attachment A to this staff report
On February 1, 2022, Council approved an action to set a public hearing date for February 15, 2022, to hear public comment and finalize their recommendations for funding. City Council - approved funding recommendations are due to CDH by February 24, 2022.
FISCAL IMPACTS
The City’s anticipated allocation of CDBG funds for Fis cal Year 2022 – 2023 is $433,935, and approximately $59,373 in Unprogrammed Funds will be budgeted for by the appropriate departments. All approved projects and the available funding are 100% reimbursable from t he CDBG Program. There is no impact to the General Fund.
ALTERNATIVES
1. Provide Alternative direction to staff
ATTACHMENTS
1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
CDBG Public Hearing for Project Prioritization
February 15, 2022
Attachment A - Resolution No. R-13-22 to Prioritize CDBG funds for Fiscal Year 2022 -2023
ATTACHMENT
1. Reso CDBG Project Prioritization 2022 23
2. Chart of Recommended Projects 22 23 V2
1.1 Packet Pg. 9
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RESOLUTION NO. R-13-22
A RESOLUTION OF THE CIT Y COUNCIL OF THE CITY OF COLTON, CALIFORNIA ,
PRIORITIZING PROJECTS TO BE FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2022-2023
WHEREAS, the City Council of the City of Colton elected t o enter into a Cooperation Agreement with the County of San Bernardino in order to receive Community Development Block Grant (“CDBG”) funds; and
WHEREAS, as a “Cooperating City, ” the City of Colton anticipates receiving $433,935, in CDBG funds for Fiscal Year 2022 -2023, with $65,090 available for Public Service Projects, and $368,845 available for Construction Projects , with an additional $59,373 of Unprogrammed Funds from prior years also available for construction projects ; and
WHEREAS, the City Counc il, as the governing body of the City of Colton, is required by statute to take a formal action approving a prioritized list of projects to be recommended to the County for funding with CDBG funds for Fiscal Year 2022-2023 as part of their Urban County Consolidated Plan to comply with CDBG program regulations and subject to available funding; and
WHEREAS, the City Council seated a committee, known as the CD BG Ad Hoc Committee, comprised of three (3) City Council members and three (3 ) Planning Commissioners, to review the eligible projects and make funding reco mmendations to the Council; and
WHEREAS, the CDBG Ad Hoc Committee met on January 25, 2022 and determined their recommendations for prioritization of the available CDBG allocation; and,
WHEREAS, the City of Colton is required to inform the County of San Bernardino regarding the priority of eligible projects to be funded with CDBG funds for Fiscal Year 2022-2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, DOES HEREBY RESOLVE AND FIND AS FOLLOWS:
SECTION 1. The City Council hereby finds and determines that the foregoing recitals are true and correct.
SECTION 2. The City Council of the City of Colton hereby prioritizes the projects for funding with CDBG funds in Fiscal Year 2022 -2023, attached hereto as Exhibit A, and incorporated by reference.
SECTION 3. The City Council of the City of Colton has determined that the prioritization recommendation in this Resolution is not a “project” requiring environmental review pursuant
1.1.a
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Attachment: Reso CDBG Project Prioritization 2022 23 (3497 : CDBG Public Hearing for Project Prioritization)
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to the California Environmental Quality Act (Public Resources Code, sections 21000, et seq.); rather, this prioritization relates to a government funding mechanism that does not involve any commitment to any specific project and, as a result, is excluded from the definition of “project” in section 15378(b)(4) of the State CEQA Guidelines (Title 14 California Code of Regulations sections 15000, et seq .). The City Clerk is authorized and directed to file all appropriate notices pursuant to CEQA with the Clerk of the Board of Supervisors of the County of San Bernardino, California.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED this 15th day of February, 2022.
________________________________
Frank N. Navarro, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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Packet Pg. 11
Attachment: Reso CDBG Project Prioritization 2022 23 (3497 : CDBG Public Hearing for Project Prioritization) Exhibit “A” to Resolution R-13-22
CDBG Recommended Project Prioritization
PROJECTS RECOMMENDED FOR FISCAL YEAR 2022 – 2023 CDBG FUNDING
Log No. Project Name CDBG
Allocation
FY 2022-2023
Unprogrammed
Funds
Project Type
COLT22CN-
011
Construction-Reconstruction of Alley
Segments in Target Areas of low-
moderate income residential areas.
Alleys:
•Between 9th and 10th, north of Olive St
•Between 9th and La Cadena, north of
Olive
•Between Palm and Colton Ave., from
Larch to Fairview
•Between N St. and O St., 9th to 10th St.
•West of 7th St., North of E St.
•West of 7th St., North of F St.
•Chavez Park Parking, Snack Bar Area
Paving and ADA Improvements
$ 98,400
$ 91,100
$ 39,000
$ 40,000
$ 47,000
$ 32,500
$ 20,845
-0-
-0-
-0-
-0-
-0-
-0-
$59,373
Construction
Subtotal: Construction Project Recommendations
(CDBG)
$ 368,845
(CDBG)
$59,373
(Unprogrammed)
Public Service Allowance (15%)
COLT22PS -
049
Adult Literacy Services and Youth After
School Homework Assistance
$ 22,500 N/A Public
Service
COLT22PS-
047
Teen Center Tutoring and After School
Program
$ 17,590 N/A Public
Service
COLT22PS-
048
Homeless Solutions Program Services $ 25,000 N/A Public Service
Subtotal:
Public Service Project Recommendations $ 65,090 N/A Totals: 2022-2023 Available CDBG Funds:
Construction Projects-- $368,845
Public Service Projects $ 65,090
Total Allocation 2022-23 $433,935
Unprogrammed Funds $ 59,373
$ 433,935 $59,373
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Packet Pg. 12
Attachment: Chart of Recommended Projects 22 23 V2 (3497 : CDBG Public Hearing for Project Prioritization)
ITEM NO. 2
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST
READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA, ADDING SECTION 12.08.230 TO
THE COLTON MUNICIPAL CODE, TO ENACT A PAVEMENT CUT
MORATORIUM TO PRESERVE NEWLY PAVED STREETS,
ORDINANCE NO. O-02-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Ordinance No. O -02-22 adding s ection 12.08.230 to the Colton Municipal Code, to enact a pavement cut moratorium to preserve newly paved streets.
BACKGROUND
The City of Colton ma intains approximately 141.5 miles of paved surfaces, comprised of 31.3 miles of arterial streets, 6.8 miles of secondary arterial streets and 18 miles of collector streets, and 85.4 miles of local streets. This equates to approximately 32 million square f eet of pavement. Since 2017, the City of Colton has utilized a Pavement Management Analysis Report Program to assist staff in evaluating and maintaining the City’s street pavement in a serviceable condition. The Pavement Management Analysis Report provi des a systematic method for inspecting and rating the pavement conditions of the City’s roadways.
ISSUES/ANALYSIS
Periodically, utility companies or contractors approach the City and request encroachment permits to excavate street segments for improve ments or repairs. On average, the City issues 2 Packet Pg. 13
Staff Report to the Mayor and City Council
Ordinance - Asphalt Pavement Cut Repair Moratorium
February 15, 2022
approximately 15 encroachment permits per month. Sometimes, these excavations occur soon after a street has been constructed, overlaid, or slurry sealed. Contractors are required to repair the pavement cuts in accordance with the City’s current repair standard; however, even with proper repair, street cuts have the potential to significantly alter and degrade the pavement surface.
As a result, the City proposes establishment of a street cut moratorium on new ly paved streets, alleys, and public places to minimize pavement degradation, maintain structural integrity, retain smooth surfaces, and limit negative visual impacts. With a street cut moratorium in place, contractors or utility companies with proposed p rojects, requiring roadway excavation will need to more effectively plan and review potential conflicts with paving projects. Public Works will keep planned projects available to the public so that utility companies can plan their excavation work to occur prior to new paving. Additionally, Public Works will keep utilities informed of paving projects to share when streets have been paved so that it will be understood which streets are subject to the moratorium.
The moratorium guidelines establish the basis and process for determining the level of repair and replacement for utility cuts for reconstructed and newly paved streets. The following guidelines developed using other local cities’ moratoriums as a reference:
1. On a paved, constructed, reconstructe d, or resurfaced street, alley, or public place, the pavement surface shall not be cut or opened for a period of five (5) years after completion or from the recordation of a N otice of Completion. On a slurry -sealed street, the pavement surface shall not b e cut or opened for a period of three (3) years after completion of the slurry seal.
2. The Public Works and Utility Services Director or designee may grant a waiver to the moratorium for certain exempted situations, which may include:
Emergencies that create imminent endangerment of life or property; Interruption of essential utility service;
Work that is mandated by City, state, or federal law; or Service connections for new development or new customers where no other reasonable means of providing service exists
Other situations deemed by the Director to be in the best interest of the general public.
Upon successful application, a waiver would allow utilities/developers to make the street cuts; however, the standard for repair work of the streets under the moratorium are subject to the moratorium conditions of approval. This should incentivize the utility companies to plan repairs prior to a City initiated street project.
3. The City Engineer will enforce conditions determined appropriate to ensure the rapid and complete restoration of the street and street paving. Repaving may include street 2 Packet Pg. 14
Staff Report to the Mayor and City Council
Ordinance - Asphalt Pavement Cut Repair Moratorium
February 15, 2022
grinding, full-width rehabilitation of the roadway for the full length of the cut/trench plus ten feet, and other related work as determined by the City Engineer. Refer to Proposed Ordinance for specific required repairs.
4. Any person who is required to repave a street shall be subject to the requirements of Chapter 12.08 (Removal of Property --Excavations) of the Colton Municipal Code, as well as the requirement to match the existing construction, reconstruction, overlay, or slurry seal, as provided in the proposed Ordinance.
5. Once the Ordinance is adopted, the proposed moratorium will affect streets, alleys, and public places that were newly constructed, reconstructed, o r overlaid within the past five (5) years or slurry sealed within the past three (3) years. For example, if a street was reconstructed in April 2018, non -emergency street cuts will be prohibited until April 2023. If an alley was slurry sealed in December 2019, non-emergency street cuts will be prohibited until December 2022. However, the Ordinance will not affect utility companies or contractors that have applications pending or existing encroachment permits for street cuts, as of the date of the Ordinan ce becomes effective. City staff will create and maintain a Street Cut Moratorium List, and GIS layer. This list will be available on the City’s website and will be regularly updated.
6. Violations of the Ordinance will be considered public nuisances, whi ch may corrected or abated as directed by the Director. Any person creating a public nuisance is guilty of a misdemeanor and may also be subject to administrative citations and fines.
FISCAL IMPACTS
There is no direct fiscal impact. T he street cut mor atorium will reduce pavement degradation, and maintain structural integrity of newly constructed or re -constructed streets. This will extend the life expectancy of these assets and it will minimize costs, inconvenience and negative effects to the public caused by cuts to newly paved streets.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
1. Exhibit A – Colton Ordinance No. O-02-22
ATTACHMENT
1. Exhibit A - Colton Ordinance O-02-22-c1_REV
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28 ORDINANCE NO. O-02-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, ADDING SECTION 12.08.230 TO THE COLTON MUNICIPAL CODE TO ENACT A PAVEMENT CUT MORATORIUM TO PRESERVE NEWLY PAVED STREETS.
THE CITY COUNCIL OF THE CITY OF COLTON does hereby ordain as follows:
WHEREAS, pursuant to the California Constitution, Article, XI, section 7, the City of Colton may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law; and
WHEREAS, Article X I, section 9 of the California Constitution proscribes that corporations which establish and operate works for supplying light, water, power, heat, transportation or means of communication, to residents of a municipal corporation shall establish and operate such services upon conditions and under regulations that municipal corporation may prescribe under its law; and
WHEREAS, the California Constitution grants the City the right to adopt reasonable regulations regarding its right -of-ways, which reasonable regulations would include the establishment of a street cut moratorium; and
WHEREAS, the public right -of-way is a unique public resource held in trust for the benefit of the public; this physically limited resource requires proper management to maximize its efficiency and minimize the costs to taxpayers, to protect against foreclosure of future economic expansion because of premature exhaustion of the public right -of-way, and to minimize the inconvenience to and negative effects on the public from use of the public right-of-way by contractors and utility companies; and
WHEREAS, to protect the integrity and quality of streets and public right -of-way, the Colton Municipal Code sets forth, in Chapter 12.08 (“Removal of Property--Excavations”), a permitting and fee system for encroachments and trench cuts to City streets; and
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Attachment: Exhibit A - Colton Ordinance O-02-22-c1_REV (3488 : Ordinance - Asphalt Pavement Cut Repair Moratorium)
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28 WHEREAS, a street cut moratorium would protect the City’s investment in its infrastructure, preserve the life of streets, and provide a safe driving surface and a pleasing appearance to roadway surfaces that have undergone utility work; and WHEREAS, the City desires to establish a street cut moratorium through the adoption of this Ordinance to further the purposes stated herein.
NOW THEREFORE, THE CITY COUNCIL OF TH E CITY OF COLTON FINDS AND ORDAINS AS FOLLOWS:
Section 1. The above recitals are all true and correct and are hereby adopted as findings.
Section 2. A new Section 12.08.140 entitled “Moratorium on Trench Cuts in Newly Paved Streets,” is hereby added to Ch apter 12.08 (“Removal of Property -- Excavations”) of the Colton Municipal Code to adopt a street cut moratorium on newly improved streets, to read as follows:
“12.08.230 Moratorium on Trench Cuts in Newly Paved Streets.
A. Definitions. The following definitions are applicable within this section:
“Director” means Public Works and Utility Services Director or designee. “Excavate” or “Excavation” means any cutting, digging, potholing or otherwise disturbing the street surface with the right -of-way to access o r install a utility line or any related facility or for other reasons.
“Facility” means any fiber optic, coaxial, or copper cable; communication service equipment; telephone, telecommunications, electric or other wire, line or equipment; utility structure; oil, gas, or other pipeline; duct; conduit; cabinet; tunnel; vault; drain; manhole; splice box; surface location marker; pole; subsurface tiebacks; soil nails; stairs; access ramps; subsurface foundations; landscape features, including curbs around plant er areas; planter boxes; clocks; bus shelters; phone booths; bike racks; fencing; retaining walls;
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Attachment: Exhibit A - Colton Ordinance O-02-22-c1_REV (3488 : Ordinance - Asphalt Pavement Cut Repair Moratorium)
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28 benches; stockpiles; building materials; and other appurtenances or tangible things located in, upon, above, beneath, or across any public right- of-way. “Moratorium street” means a street, alley, and public place that was (a) constructed, reconstructed, or overlaid within the past five (5) years or (b) slurry sealed within the past three (3) years.
”Permit” means written authorization from the Director to ex cavate, encroach upon, or obstruct a public right-of-way in compliance with this section. “Utility” means any person or entity providing electricity, gas, telephone, telecommunications, water, sanitary sewer or other services to customers, and which pursua nt to state law or local franchise is entitled to install its facilities in the public right-of-way.
B. Moratorium. For streets, alleys, and public places that were constructed, reconstructed, overlaid, or sealed, the following shall apply:
1. Non-emergency street excavation is prohibited for a period of five (5) years from the date of notice of completion of street construction, reconstruction, or overlay.
2. Non-emergency street excavation prohibited for a period of three (3) years from the date of notice of completion of slurry seal.
Utilities shall plan well enough in advance to determine alternate methods for making necessary repairs to avoid excavating newly resurfaced public streets.
C. Exceptions. Exceptions to the moratorium may be permitted in the following situations, at the discretion of Director:
1. Emergencies that create i mminent endangerment of life or property.
2. Interruption of essential utility service.
3. Work that is mandated by the city, state, or federal law.
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Attachment: Exhibit A - Colton Ordinance O-02-22-c1_REV (3488 : Ordinance - Asphalt Pavement Cut Repair Moratorium)
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28 4. Service for new development or new cust omers where no other reasonable means of providing service exists.
5. Other situations deemed by the Director to be in the best interest of the general public.
Emergencies and other exceptions do not exempt the permittee from any requirements to repair the pa vement as included herein or as conditions of approval of a permit. The provisions of this section shall not apply to officers or employees of the City acting in the discharge of their official duties.
D. Waiver Application. To apply for a waiver t o excavate within a public street within five (5) years of the completion date of the street construction, reconstruction, or overlay or within three (3) years of the date of notice of completion of slurry seal , the applicant must submit a written request to the Director. The request must include the following:
1. The location of the excavation.
2. Description of the work to be performed.
3. A statement from the applicant setting forth good cause for why the work was not performed before the public street was resurfaced.
4. A statement from the applicant setting forth good cause for why the work cannot be deferred until after the five (5) year period.
5. A statement from the applicant setting forth good cause for why the work cannot be performed at another location.
E. Permit Conditions. In the event that a waiver is granted under subsection (C) of this section , any excavation in the public street shall be repaired in accordance with any and all conditions of the permit and the following standards:
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Attachment: Exhibit A - Colton Ordinance O-02-22-c1_REV (3488 : Ordinance - Asphalt Pavement Cut Repair Moratorium)
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28 1. Construction, Reconstruction, Overlay:
i. For street cuts/trenches, on a moratorium street,
perpendicular to traffic lanes (a transverse street cut): The permittee will be required to grind and overl ay, two (2) inches of Asphalt Concrete (AC), twenty (20) feet on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five (5) feet from the end(s) of the trench. If the trench end(s) is less than or equal to five (5) feet from a lane line the adjacent lane shall be included, or as direct ed by the City Engineer. The full width of street shall be slurry sealed within the limits of the grind and overlay, or as directed by the City Engineer. All work requires a properly licensed contractor. All other criteria from the City of Colton Standard Drawing No. 124 are applicable.
ii. For street cuts/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The permittee will be required to grind and overlay two (2) inches of AC, one-half (1/2) street width minimum, for the length of the cut plus ten (10) feet on both ends, but not less than or equal to five (5) feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included, or as directed by the City Engineer. The full width of the street shall be slurry sealed, within the limits of the grind and overlay, or as directed by the City Engineer. All work requires a properly
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Attachment: Exhibit A - Colton Ordinance O-02-22-c1_REV (3488 : Ordinance - Asphalt Pavement Cut Repair Moratorium)
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28 licensed contractor. All other criteria from City of Colton Standard Drawing No. 124 are applicable.
2. Slurry Seal
i. For street cuts/trenches, on a moratorium street,
perpendicular to traffic lanes (a transverse street cut): The permittee will be required to slurry seal, match existing slurry seal, twenty (20) fee t on both sides of the trench line and for the full width of all impacted traffic lane(s) cut; but not less than five (5) feet from the end(s) of the trench. If the trench end(s) is less than or equal to five (5) feet from a lane line the adjacent lane sha ll be included. All work requires a properly licensed contractor. All other criteria from City of Colton Standard Drawing No. 124 are
applicable.
ii. For street cuts/trenches, on a moratorium street, parallel to traffic lanes (a longitudinal street cut): The p ermittee will be required to slurry seal, match existing slurry seal, one -half (1/2) street width minimum, for the full length of the
cut/trench plus ten (10) feet on both ends, but not less than or equal to five (5) feet from trench edge both sides of trench, if this limit encroaches into adjacent lane, the other half of the street, then the full lane width shall be included.
All work requires a properly licensed contractor. All other criteria from Colton Standard Drawing No. 124 are
applicable.
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28 F. Violation and P enalties. Any street cut, trench, or condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare. Such condition is hereby declared and deemed to be a public nuisanc e and may be corrected or abated as directed by the Director. Any person creating a public nuisance is guilty of a misdemeanor and may also be subject to administrative citations and fines.”
Section 3. If any provision of the Ordinance is held inv alid, such invalidity shall not affect the remaining provisions of this Ordinance, which shall remain in effect absent the provision held to be invalid, and to this end, the provision of this Ordinance are declared to be severable.
Section 4. The City Clerk shall c ertify to the adoption of this Ordinance, and cause the same to be published in the local newspaper, and the same shall take effect thirty (30) days after its date of adoption:
PASSED, APPROVED, AND ADOPTED this 15th day of February, 2022.
_____________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_______________________________________
CAROLINA R. PADILLA
City Clerk
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Attachment: Exhibit A - Colton Ordinance O-02-22-c1_REV (3488 : Ordinance - Asphalt Pavement Cut Repair Moratorium)
ITEM NO. 3
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON FEBRUARY 01, 2022, ON FILE IN THE OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting Held on February 01, 2022.
BACKGROUND
Minutes for the City Council Regular Meeting Held on February 1, 2022
ISSUES/ANALYSIS
FISCAL IMPACTS
ALTERNATIVES
ATTACHMENT
1. 02-01-2022 Draft Minutes
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2022 FEBRUARY 01 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
CLOSED SESSION MINUTES
February 1, 2022
Closed Session Meeting held on the above given date at 5:01 p.m., in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Cisneros, Koperski, González, Echevarria, Suchil; and Mayor Navarro ; Toro, absent/excused.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and City Clerk Padilla.
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Item A/B.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Modern Pacific Homes LLC v. City of Colton, et al.
San Bernardino Superior Court, Case No. CIVSB2120518
CM Suchil Announcement – Item A
Councilmember Suchil recused himself from the closed session meeting due to a conflict of interest; he is precluded from considering the closed session Item A as a member of the body, by virtue of his ownership of property within 500 feet of the project site related to the item before Council.
Suc – Left Closed Session: 5:03 p.m.
Suc – Returned to Closed Session: 5:30 p.m.
B. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives:
Tom Cody, Human Resources Director
Employee Groups: IBEW Electric
Colton Police Management Association
Colton Firefighters Association
Colton Police Officers Association
Mayor Navarro adjourned the meeting to Closed Session at 5:03 p.m. and at 6:00 p.m., the meeting reconvened, with all members present heretofore.
City Attorney Campos announced that the City Council did meet in Closed Session and discussed Item A/B; with direction to staff and no reportable action.
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Attachment: 02-01-2022 Draft Minutes (3502 : Draft Minutes 2-01-22) 2022 FEBRUARY 01 CC/CUA/CPFA/CHA MEETING 2 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
February 1, 2022
Regular Meeting held on the above-given date at 6:02 p.m. in City Hall, located at 650 North La Cadena Drive, Colton, California with Mayor Navarro presiding.
INVOCATION: Chaplain Dan Arjona, Centerpoint Church
FLAG SALUTE: American Legion Post 155 Members Louie Barrera and Steve Ferrance
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager Ernest R. Cisneros Carlos Campos, City Attorney
Kenneth J. Koperski Carolina R. Padilla, City Clerk Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil
Council Members Absent
David J. Toro (absent/excused)
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Introduction of New Fire Safety Specialist- Rick McBride – 1/10/2022 Fire Marshall Ray Bruno introduced Rick McBride, Fire Safety Specialist; staff member as of January 10, 2022.
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MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT O F INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF FEBRUARY 1, 2022.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
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PUBLIC HEARINGS
(1) Redistricting - Public Hearing #3 – PowerPoint
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TIME AND PLACE FIXED TO CONSIDER A THIRD PUBLIC HEARING TO RECEIVE A
REPORT FROM STAFF ON THE CONTINUED REDISTRICTING PROCESS AND TO REVIEW DRAFT UPDATED ELECTORAL DISTRICT MAPS.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Attorney William Priest, BB&K, presented for Council the following actions related to the continued redistricting process:
1. Receive a report from staff and the City’s redistricting consultant on the continued redistrictin g process and review draft maps;
2. Conduct a public hearing to review draft maps and receive public input on district boundaries;
Attorney Priest included in the presentation incorporating the 2020 Census data; the City’s redistricting consultant three initial map options for the Council’s and public’s consideration
Public Comment
None
Motion and Second by CM González/CM Cisneros to close the public hearing.
Vote: Motion carried with CM Toro absent.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Attorney Priest.
Direction to Staff
Consensus reached by Mayor and Councilmembers present (CM Suchil/CM Echevarria/CM Cisneros/MPT Koperski/Mayor Navarro (Map Option 3); CM González (Map Option 2); CM Toro (absent); staff will bring back a proposed ordinance for introduction at the fourth public hearing for March 1, 2022; the legal deadline to adopt the final map is April 17, 2022.
BUSINESS ITEMS
(2) FY2020-21 ACFR and Related Reports - Receive and File the FY2020 -21 Annual Comprehensive Annual Financial Report (ACFR) and Related Reports.
Staff Presentation – PowerPoint
Director Dabbs introduced Daphnie Munoz, Principa l, from CliftonLarsonAllen, LLP to present the annual financial audit of the City of Colton; requested approval to receive and file the FY202 0-21 Annual Comprehensive Financial Report, the GAS Letter, Management Letter, GANN Limit Report, and the Communication with those in charge of governance (exit letter); and authorize the creation of Fiduciary Fund 763 PD Cash Evidence Deposits for FY2020-21 pursuant to an audit recommendation.
Public Comment
None
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Attachment: 02-01-2022 Draft Minutes (3502 : Draft Minutes 2-01-22) 2022 FEBRUARY 01 CC/CUA/CPFA/CHA MEETING 4 -
Receive & File:
With no objection by Mayor/Councilmember’s present, report received and filed.
Motion and Second by CM Suchil/CM González to a uthorize the creation of Fiduciary Fund 763 PD Cash Evidence Deposits for FY202-21 pursuant to an audit recommendation; Vote: Motion carried with CM Toro absent.
(3) FY2021-22 Mid -Year Budget Review - Approve and Adopt Resolutions for FY2021 -22 Mid -Year Budget Review, RESOLUTION NO. R-10-22, CUA-01-22, and CHA-01-22.
Staff Presentation
Director Dabbs, Finance Department, presented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation
Public Comment
None
Council Discussion
Discernment and discussion be tween Mayor and Councilmembers present, with clarification provide by staff:
Director Dabbs.
Motion and Second by CM Suchil/CM González to approve and adopt Resolution No. R-10-22, CUA-01-22, and CHA-01-22.
Vote: Motion carried with CM Toro absent.
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The following community members addressed the Council: Norma Barraza; Candice Tapia; Edward Chavez, Jr.; Kevin Imre; Kathryn Schneider; Andrew Perez; and Pam Lemos
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 12.
Councilmembers present selected items for discussion and clarification by staff: CM Koperski/CM Echevarria, Item 9; CM Suchil/CM González will be voting NO on Item 11.
Motion and Second by CM González/MPT Koperski to approve the consent calendar Item 4 through 12.
Vote: Motion carried with CM Toro absent; CM Suchil/CM González voting NO on Item 11.
(4) Minutes - Approval of Minutes for the City Council Regular Meeting Held on January 18, 2022, on file in the Office of the City Clerk.
(5) City Treasurer's Report - Receive and File City Treasurer's Report for October and November 2021.
(6) Warrants - Approve US Bank voucher dated 12/29/2021 and totaling $61,954.27; wires dated 01/06/2022 and totaling $5,199,596.53; voucher numbers 196669 to 196743 dated 01/06/2022 and totaling $764,313.11; voucher numbers 196744 to 196873 dated 01/13/2022 and totaling $370 ,406.80; and payroll disbursement listing dated 11/27/2021 to 12/10/2021 and totaling $898,658.32.
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Attachment: 02-01-2022 Draft Minutes (3502 : Draft Minutes 2-01-22) 2022 FEBRUARY 01 CC/CUA/CPFA/CHA MEETING 5 -
(7) CEQA - Barton Road Bridge Removal and Road Construction Project - Adoption of CEQA-IS/MND for Barton Road Bridge Removal and Road Construction Project.
(8) Essential Worker Pay (ARPA) - Part-Time Employees - Approve and Adopt a Resolution to Approve American Rescue Plan Act (ARPA) Essential Worker Pay for City of Colton Part -Time Employees, RESOLUTION NO R-05-22.
(9) Grant - California Department of Aging - Approve and Adopt a Resolution to authorize the execution of an agreement for grant funding through the California Department of Aging, RESOLUTION NO. R-07-
22. (10) Set Public Hearing - CDBG 2022-2023 Projects - Set a Public Hearing for the City Cou ncil Meeting of February 15, 2022 for CDBG 2022 - 2023 Projects.
(11) Second Reading of Ordinance No. O -03-22 - Waive Full Reading, and Approve Second Reading of an Ordinance of the City Council of the City of Colton, Approving The Barton Road Logistics C enter Development Agreement For Property Generally Located At 21700 Barton Road And 275, 280 And 375 De Berry Street In The City Of Colton, ORDINANCE NO. O-03-22.
(12) Tolling Agreement Extension - Roque Ranch Entitlements - Approve Tolling Agreement Exte nsion between City of Colton, Sunmeadows LLC and the Colton Coalition (Cadena Creek Mobile Home Park).
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 8:17 p.m.. Mayor Navarro adjourned the Regular Council Meeting.
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Carolina R. Padilla
City Clerk
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Attachment: 02-01-2022 Draft Minutes (3502 : Draft Minutes 2-01-22)
ITEM NO. 4
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 196874 TO 196974 DATED 01/20/2022 AND TOTALING $515,925.76; VOUCHER NUMBERS
196975 TO 197114 DATED 1/27/2022 AND TOTALING $3,564,159.27; VOUCHER NUMBERS 197115 TO 197202 DATED 1/27/2022 AND
TOTALING $81,035.68 AND PAYROLL DISBURSEMENT LISTING
DATED 12/11/2021 TO 12/24/2021 AND TOTALING $820,137.72.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve voucher numbers 196874 to 196974 dated 01/20/2022 and totaling $515,925.76; voucher numbers 196975 to 197114 dated 1/27/2022 and totaling $3,564,159.27; voucher numbers 197115 to 197202 dated 1/27/2022 and totaling $81,035.68 and payroll disbursement listing dated 12/11/2021 to 12/24/2021 and totaling $820,137.72.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issu ed in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
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Staff Report to the Mayor and City Council
Warrants - Accounts Payable
February 15, 2022
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENTS
1. Fund number & Title legend
2. Voucher lists and payroll disbursements
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
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City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 5
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION NO. R-12-22 TO AMEND FUNDING AND CONSULTANT CONTRACT FOR MT. VERNON
AVE. BRIDGE OVER SANTA ANA RIVER SEISMIC RETROFIT
PROJECT, RESOLUTION NO. R-12-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Staff recommends that the City Council take the following action:
1. Approve Resolution R-12-22 amending the Fiscal Year 2021/2022 Capital Improvement Program budget increasing federal funding for Bridge #54C-0100 - Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project.
2. Approve Change Order No. 1 for Professional Services contract to IDC Consulting Engineers, Inc. in the amount of $91,266.73 to include the preparation of environmental document and channel hydraulic analysis for the Bridge #54C -0100 - Mt. Vernon Ave.
Bridge over Santa Ana River Seismic Retrofit Project, and authorize the City Manager to execute the amended agreement.
BACKGROUND
The statewide Seismic Safety Retrofit Program was established by emergency legislation (SB 36X) enacted during a legislative sess ion after the October 1989 Loma Prieta Earthquake to provide funding assistance to local agencies for fixing structural seismic design deficiencies of public bridges on local streets and roads in California. Mt. Vernon Ave. Bridge over Santa Ana 5 Packet Pg. 95
Staff Report to the Mayor and City Council
Budget Adjustment/Contract Amendment - Mt. Vernon Bridge Project February 15, 2022
River is one of the bridges that received funding from the statewide Seismic Safety Retrofit Program.
The project suffered delay due to the City’s request to modify the scope of the project by adding the widening of the bridge on the scope. Caltrans staff informe d the City that the project widening will not be included on the project and the scope shall be seismic retrofit only. In the future, the City can still apply for funding for the widening of this bridge.
ISSUES/ANALYSIS
On February 12, 2021, City staff issued the Request for Proposal (RFP) for the preparation of engineering seismic retrofit strategy, environmental document, plan, specification and estimates for the Bridge #54C -0100 - Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project. The RFP was advertised on February 12 and 19, 2021. On March 4, 2021, the City received proposals from the following engineering firms:
1. IDC Consulting Engineers, Inc.
2. CNS Engineer, Inc.
3. Kimley Horn
On June 1, 2021, the City awarded the contract for the preparation of seismic strategy report and 35% plan to IDC Consulting Engineers, Inc. in the amount of $85,502.20. The cost proposal of IDC Consulting Engineers, Inc. to complete the preliminary engineering, required technical studies and permits, and final design is $684,658. At that time, the City did not award the other components of the RFP since Caltrans instructed City staff to submit the seismic strategy before the additional funding for preliminary engineering can be released. The seismi c strategy was submitted and reviewed by Caltrans already. On January 18, 2022, Caltrans informed the City that additional funding in the amount $110,751 (see Exhibit A) was approved for the channel hydraulic analysis and environmental documents of the pr oject. The rest of the RFP scope of work (final design) will be awarded and Caltrans will authorize the funding for final design once the 35% design and environmental document is completed and approved. The estimated completion of 35% design and environmental document is April 2023.
The breakdown for the additional work (Change Order No. 1) for the preparation of channel or river hydraulics analysis and environmental documents are as follows:
a. Environmental Documents = $59,764.78
b. Channel Hydraulics = $19,758.98
c. Aerial Survey = $ 8,867.07
d. Project Management = $ 2,875.90
Total = $91,266.73
5 Packet Pg. 96
Staff Report to the Mayor and City Council
Budget Adjustment/Contract Amendment - Mt. Vernon Bridge Project February 15, 2022
Upon approval of the Change Order No. 1, the new contract amount total for IDC Consulting Engineers, Inc. is $176,768.93 and the term of the agreement wil l be extended to December 31, 2023.
FISCAL IMPACTS
Adoption of Resolution R -12-22 amends the budget to account for acceptance of the increased funding and to appropriate the necessary funding for Change Order No. 1. Resolution R -12-22 amends the FY2021-22 budget to:
Increase revenues by $110,751 in Miscellaneous Grants Fund Account Number 225 - 5886-002;
Increase appropriations in Miscellaneous Grants Fund Transfers Out Account Number 225-1000-1000-5993-0004-450 by $110,751;
Increase revenues in Capital P rojects Fund Transfers In Account Number 450 -5993-225 by $110,751; and,
Appropriate $110,751 in Capital Projects Fund Capital Improvement Account Number 450-0637-6987-3890-0000-000 for Bridge #54C -0100 – Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project.
ENVIRONMENTAL IMPACTS
Preparation of documents for the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) is part of the Preliminary Engineering phase for this Project.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Caltrans Notification Letter re. Additinal PE Funding
2. Exhibit B -IDC Consulting, Inc. Contract Amendment No. 1
3. Exhibit C- Resolution to Increase Funding
5 Packet Pg. 97
“Provide a safe and reliable transportation network that serves all people and respects the environment”
DISTRICT 8
DIVISION OF PLANNING, LOCAL ASSISTANCE
464 W. 4TH STREET, 6TH FLOOR, MS 760
SAN BERNARDINO, CA 92401
PHONE (909) 806-3944
TTY 711
https://dot.ca.gov/programs/local-assistance
January 18, 2022
Victor Ortiz, P.E.
Assistant Public Works Director/City Engineer
City of Colton
160 South 10th Street
Colton, CA 92324
BRLSZ-5065(017)
Mount Vernon Ave over Santa Ana River
Br. No. 54C-0100
City of Colton
Dear Mr. Victor Ortiz,
We have reviewed and processed your amendment request for the above-referenced project through Caltrans Division of Local Assistance (HQ DLA) and the Federal Highway Administration (FHWA). On January 13, 2022 the project authorizing document (E-76) was revised to reflect the request for additional PE funds.
The Project End Date (PED) has been established by your agency, concurred by HQ DLA and approved by FHWA. Any costs incurred after this date will not be eligible for federal reimbursement. Your agency is expected to monitor the progress of its projects and if the need arises, revise the PED to accurately reflect the amount of time needed to complete the project or phase of the project. If the PED is revised after the authorized PED has past, any costs incurred between the expiration of the authorized PED and the revised PED are ineligible for reimbursement. Revisions to the PED require Caltrans concurrence and FHWA approval.
Please be reminded of the invoice processing requirements and reimbursement process in Chapter 5 of the LAPM. Invoices for reimbursement cannot be submitted until after funds are encumbered via an executed Program Supplemental Agreement (PSA) and/or an executed Finance Letter. Additionally, per the Master Agreement, an invoice must be submitted at least every six months to avoid being classified as inactive.
If you have any questions, please contact me or Karen Nguyen at (909) 963-8650.
Sincerely,
Alberto Vergel De Dios, PE
District Local Assistance Engineer
Division of Planning, District 8
(909) 806-3944
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Attachment: Exhibit A - Caltrans Notification Letter re. Additinal PE Funding (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Mr. Remon Habib
1/18/2022
“Provide a safe and reliable transportation network that serves all people and respects the environment”
Attachment: Amendment Modification Summary—(E-76) Sequence No. 2
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Attachment: Exhibit A - Caltrans Notification Letter re. Additinal PE Funding (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon AMENDMENT MODIFICATION SUMMARY - (E-76)
FEDERAL AID PROGRAM CALIFORNIA DEPARTMENT OF TRANSPORTATION DLA LOCATOR: 08-SBD-0-COL PROJECT LOCATION:
PREFIX: BRLSZ MOUNT VERNON AVENUE OVER THE SANTA ANA RIVER, BR. NO. 54C-0100 PROJECT NO: 5065(017) TYPE OF WORK:
SEQ NO: 2 SEISMIC RETROFIT PREV AUTH / AGREE DATES:
STATE PROJ NO: 0800020284L-N FED RR NO'S: PE:
AGENCY: COLTON
PUC CODES: R/W:
ROUTE:
PROJ OVERSIGHT:ASSUMED/LOCAL ADMIN CON:
DISASTER NO:
ENV STATUS / DT: SPR:
TIP DATA
RW STATUS / DT: MCS:
MPO: SCAG
INV RTE: OTH:
FSTIP YR: 21/22
BEG MP:
STIP REF: 209-5000-3189
END MP:
FSTIP ID NO: SBDLS08
BRIDGE NO: 54C0100
PROG CODE LINE NO IMPV TYPE FUNC SYS URBAN AREA URB/RURAL DEMO ID H100 10 15
Z0E1 11 15
FUNDING SUMMARY
PHASE PROJECT COST FEDERAL COST AC COST
PE
PE PREV. OBLIGATION $60,000.00 $53,118.00 $0.00
PE THIS REQUEST $125,100.00 $110,751.00 $0.00
PE SUBTOTAL $185,100.00 $163,869.00 $0.00
R/W
RW PREV. OBLIGATION $0.00 $0.00 $0.00
RW THIS REQUEST $0.00 $0.00 $0.00
RW SUBTOTAL $0.00 $0.00 $0.00
CON
CON PREV. OBLIGATION $0.00 $0.00 $0.00
CON THIS REQUEST $0.00 $0.00 $0.00
CON SUBTOTAL $0.00 $0.00 $0.00
OTH
OTH PREV. OBLIGATION $0.00 $0.00 $0.00
OTH THIS REQUEST $0.00 $0.00 $0.00
OTH SUBTOTAL $0.00 $0.00 $0.00
TOTAL: $0.00$185,100.00 $163,869.00
04/12/2023PROJECT END DATE (PED):
ALT. PROJ NO:
STATE REMARKS
03/20/2012 This request is for Preliminary Engineering for the City of Colton's Highway Bridge Program project. The work comprises in seismic retrofit of bridge #54C0100 Mount Vernon Avenue over the Santa Ana River near "M" Street in the City of Colton. This project is funded entirely with the Highway Bridge Program (HBP) funds at a maximum reimbursement ratio of 88.53% up to $53,118. 03/29/2012 03/28/12 TOTAL COST FED P/C FED FUNDS(L1CE) LOCAL PE $60,000 $60,000 $53,118 $6,882 TOTAL $60,000 $60,000 $53,118 $6,882 This sequence # 2 is request for PE $53,118 L1CE.
03/30/2012 This is a request for preliminary engineering funding to seismic retrofit the Mount Vernon Avenue bridge over the Santa Ana River in Colton using Highway Bridge Program (HBP) funds programmed in Amendment #18 approved on 1/18/12 to SCAG¿s 2010 FTIP. Seismic retrofit strategy was funded under STPLNZ-5065(005). Federal funding is capped at $53,118 for preliminary engineering with a maximum reimbursement ratio of 88.53%. Reimburse with H100 HBP funds at 88.53% up to the federal amount shown for preliminary engineering. Br. No. 54C-0100. 11/04/2021 SEQ 2 is a request for additional PE funds. Br No. 54C0100 12/22/2021 SEQ#2: Authorize a PE cost adjustment ( adding $110,751 of Z0E1) to complete the seismic strategy, 35% plans, and environmental work. * No prior PED, this sequence establishes the PED as 04/30/2023, on Pro Rata basis. * Congressional district changed after 2013 from 41 to 31.
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Attachment: Exhibit A - Caltrans Notification Letter re. Additinal PE Funding (3494 : Budget
FEDERAL REMARKS
AUTHORIZATION
AUTHORIZATION TO PROCEED WITH REQUEST:PRE PREPARED IN FADS BY: NGUYEN, KAREN ON 2021-12-14 999-9999 FOR: ADDL PE REVIEWED IN FADS BY: YANG, ALBERT ON 2022-01-05 651-0015 DOCUMENT TYPE: AMOD SUBMITTED IN FADS BY: BUI, DANIEL ON 2022-01-10 FOR CALTRANS PROCESSED IN FADS BY: SIGNATURE, NOT_REQUIRED ON 2022-01-10 FOR FHWA E-76 AUTHORIZED DATE IN FMIS BY: JIYOUNG AHN ON 2022-01-13 15:27:55.0 SIGNATURE HISTORY FOR PROJECT NUMBER 5065(017) AS OF 01/18/2022
FHWA FMIS SIGNATURE HISTORY
MOD # SIGNED BY SIGNED ON
1 JERILYNN FOGLE 01/11/2022
JERILYNN FOGLE 01/11/2022
JIYOUNG AHN 01/13/2022
0 JERILYNN FOGLE 04/13/2012
GARY J. SWEETEN 04/13/2012
MARY CUNNINGHAM 04/13/2012
FHWA FMIS 3.0 SIGNATURE HISTORY
CALTRANS SIGNATURE HISTORY
DOCUMENT TYPE SIGNED BY SIGNED ON
AMEND/MOD BUI, DANIEL 01/10/2022
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Attachment: Exhibit A - Caltrans Notification Letter re. Additinal PE Funding (3494 : Budget (BB&K: 2-12)
23152.06020\1435122.5
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
IDC CONSULTING ENGINEERS, INC.
1. PARTIES AND DATE.
This Amendment No. 1 to the Professional Services Agreement (“1 st Amendment”) is made and entered into this 16th day of February, 2022 by and between the City of Colton (“City”) and IDC Consulting Engineers, Inc. (“Consultant”) . City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this 1 st Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated June 2, 2021 (“Agreement”), whereby Consultant agreed to provide services for the preparation of plans and environmental documents for the Mt. Vernon Bridge over Santa River Bridge Seismic Retrofit Project.
2.2 Amendment. City and Consultant desire to amend the Agreement for the 1st time to increase contract amount and to extend the term of the Agreement.
3. TERMS.
3.1 Scope of Services and Term. Compensation. Section 3.1.2.of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.2 Term. The term of this Agreement shall be extended to December 3 1, 2023, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Scope of Services and Term. Compensation . Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Seventy Six Thousand Seven Hundred Sixty Eight and 93/100 Dollars ($176,768.93) without written approval of City’s City Council. Extra Work may be authorized,
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Attachment: Exhibit B -IDC Consulting, Inc. Contract Amendment No. 1 (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Bridge 2 (BB&K: 2-12)
23152.06020\1435122.5
as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this 1st Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this 1st Amendment.
3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this 1st Amendment.
3.4 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Attachment: Exhibit B -IDC Consulting, Inc. Contract Amendment No. 1 (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Bridge 3 (BB&K: 2-12)
23152.06020\1435122.5
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND IDC CONSULTING ENGINEERS, INC.
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to Professional Services Agreement as of the 16th day of February, 2022.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
IDC CONSULTING ENGINEERS, INC
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
EXHIBIT “A”
COMPENSATION
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Attachment: Exhibit B -IDC Consulting, Inc. Contract Amendment No. 1 (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Bridge
4 (BB&K: 2-12)
23152.06020\1435122.5
Compensation to IDC Consulting Engineers, Inc. f or the services of this Agreement shall not exceed One Hundred Seventy Six Thousand Seven Hundred Sixty Eight and 93/100 Dollars ($176,768.93) without written approval of City’s City Council.
The breakdown for the additional work for the preparation of channel or river hydraulics analysis and environmental documents are as follows:
a. Environmental Documents = $59,764.78
b. Channel Hydraulics = $19,758.98
c. Aerial Survey = $ 8,867.07
d. Project Management = $ 2,875.90
Total = $91,266.73
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Attachment: Exhibit B -IDC Consulting, Inc. Contract Amendment No. 1 (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Bridge 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-12-22
A RESO
LUTION OF T HE CITY COUNCIL OF T HE CITY OF CO LTON AMENDING THE FISCAL YEAR 2021/2022 CAPITAL IMPROVEMENT BUDGET.
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHERE
AS, the City of Col ton applied and r eceived Federal Highway Bridge Program (HBP) f
unding through Caltrans for the for Bridge #54C-0100 - Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Pro ject; and
WHEREAS, the C ity of Colton received additional HB P funding for the Preliminary Engineering Phase for Bridge #54C-0100 - Mt. Vernon Ave. Bridge over Sant a Ana River Seismic Retrofit Project in the amount of $110,751; and WHEREAS, a budget appropriation not listed in the Fiscal Year 2021/2022 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into
this Resolution by reference.
Section 2 The City Council authorizes the following amendment to the Fiscal Year 2021/2022 budget:
• Increase revenues by $110,751 in Miscellaneous Grants Fund Account Number 225-5886-002;
• Increase appropriations in Miscellaneous Grants Fund Transfers Out Account Number 225-1000-1000-5993-0004-450 by $110,751;
• Increase revenues in Capital Projects Fund Transfers In Account Number 450-5993-225 by $110,751; and,
• Appropriate $110,751 in Capital Projects Fund Capital Improvement Account Number 450-0637-6987-3890-0000-000 for Bridge #54C-0100 – Mt. Vernon Ave. Bridge over Santa Ana River Seismic Retrofit Project. /
/
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Attachment: Exhibit C- Resolution to Increase Funding (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Bridge Project) 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
P
ASSED, APPROVED AND ADOPTED THIS 15th DAY OF FEBRUARY 2022. ___________________________________________
F RANK J. NAVARRO, MAYOR
ATTEST:
_________
____________________
CAROLINA R. PADILLA, CITY CLERK
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Attachment: Exhibit C- Resolution to Increase Funding (3494 : Budget Adjustment/Contract Amendment - Mt. Vernon Bridge Project)
ITEM NO. 6
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE CHANGE ORDER NO. 1 FOR FY 20-21 CITYWIDE
SIDEWALK IMPROVEMENT PROJECT IN THE AMOUNT OF
$35,179.77.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Resolution R-15-22 (Exhibit C) amending the FY2021-22 Storm Water Budget to appropriate an additional $35,179.77 in Capital Improvements.
2. Approve Change Order No. 1 for the Citywide Sidewalk Repair Project for $35,179.77 and authorize the City Manager to execute Change Order No. 1 (Exhibit A).
BACKGROUND
The FY 2020-21 Citywide Sidewalk Repair Pr oject involves removal and replacement of lifted or damaged sidewalk. On May 18, 2021, the City Council authorized the award of a contract to DM Contracting Inc., to remove and replace lifted or damaged sidewalk. The Citywide Sidewalk Repair Project scope of work included sidewalk repair and the installation of Americans with Disabilities Act (ADA) compliant handicap ramps at multiple locations.
ISSUES/ANALYSIS
On October 14, 2021, DM Contracting , Inc., began construction at various locations throughout the City as indicated in the scope of work . During removal of concrete pavement for the 6 Packet Pg. 108
Staff Report to the Mayor and City Council
Change Order - DM Contracting, Inc.
February 15, 2022
installation of an ADA ramp at C St and 7 th St., it was discovered that the storm drain below the pavement had collapsed. City staff evaluated the issue and it was d etermined that repair work was needed. Repair of storm drain is not part of the original scope of work. Attached as Exhibit B are before and after photos of the collapsed and repaired storm drain.
In light of this, the contactor submitted Change Order N o. 1 to repair, and reconstructed the existing storm drain. The total amount of the scope identified is $35,179.77 , and the breakdown is shown on Exhibit “A” (Change Order No. 1). Change Order No. 1 reflects a 17% increase in the total contract amount. Once Change Order No. 1 is approved, the new contract amount for DM Contracting Inc. will be $237,704.77.
FISCAL IMPACTS
Resolution R -15-22 (Exhibit C) seeks to amend the FY2021 -22 Budget to appropriate from reserve balance an additional $35,179.77 in Storm Water Fund Capital Improvements Account Number 722-6150-8215-3890-0000-000 for Change Order No. 1.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Change Order No.1 02_01_2022
2. Exhibit B - Pictures
3. Exhibit C - Resolution R-15-22
6 Packet Pg. 109
DATE:
FROM: Ed C. Vasquez
TO:
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE PROJECT MANAGER:
These modifications are based upon site requirement for the completion of the project to repair damaged storm drain prior to installation installation of new pedestrian ramp at C St and 7th Avenue I. INCREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost 1 1.00 LS 5,905.00$ = 5,905.00$
2 1.00 LS 3,971.32$ 3,971.32 $
3 1.00 LS 636.29$ 636.29 $
4 1.00 LS 594.00$ 594.00 $
5 1.00 LS 1,500.00$ 1,500.00 $
6 1.00 LS 650.00$ 650.00 $
7 1.00 LS 1,000.00$ 1,000.00 $
8 1.00 LS 825.00$ 825.00 $
9 1.00 LS 1,100.00$ 1,100.00 $
10 1.00 LS 1,700.00$ 1,700.00 $
11 1.00 LS 500.00$ 500.00 $
12 1.00 LS 800.00$ 800.00 $
13 1.00 LS 2,600.00$ 2,600.00 $
14 1.00 LS 10,200.00$ 10,200.00 $
15 1.00 Ls 3,198.16$ 3,198.16 $
TOTAL = 35,179.77$
II. DECREASED QUANTITY
Item No. Description of Work Quantity Unit Unit Cost Total Cost SUB-TOTAL= -$
TOTAL AMOUNT OF CHANGE ORDER #1 = 35,179.77$
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 202,525.00$
CHANGE ORDER NO.1 = 35,179.77$
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 237,704.77$ Manufacture new channel support steel plates
Construct manhole for clean out
Traffic control 10 days toallow for concrete cure time
Labor 3 days X $3,400 per day
Channel Steel Plates for storm drain
Traffic Plates (so Day Min Rental)
Removal & Reinstall of Storm Draininlet face plate
Drill Dowels and epoxy steel rods into existing Concrete (12 LF) Construct Concrte drain deck (50 SF)
Construct new drain channel with stem walls (33 LF)
#4 Re-Bar (50 PCS)
So. Bay Foundary (Lid & Frame for Clean Out)
William R. Smith, City Manager DATE David Magana, DM Contracting Inc. DATE
Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirect costs and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.
Victor P. Ortiz, City Engineer DATE
CITY OF COLTON
February 1, 2022
CONTRACT CHANGE ORDER NO. 1
The amount of the contract will be increased by the sum of$35,179.77(17% of the contract amount) and contract time shall be extended by0 calendar days. The undersigned Contractor approves the foregoing Change Order # 1as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said Change Order # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directly or indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.
Saw cut, demo, remove and haul away (dump fee)
10% Mark up Per GreenBook Sect 7-4.3.1 & 7-4.3.1
Citywide Sidewalk Improvments FY21-22
PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
DM Contracting Inc., Gen. Engineering Contractor
1065 Harbor Dr.
Colton, CA 92324
4,000 Psi Concrete (26 Cubic Yards)
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Attachment: Exhibit A - Change Order No.1 02_01_2022 (3498 : Change Order - DM Contracting, Inc.) Exhibit B
Before:
After:
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Attachment: Exhibit B - Pictures (3498 : Change Order - DM Contracting, Inc.)
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RESOLUTION NO. R-15-22
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL YEAR 2021 - 2022 BUDGET TO APPROPRIATE $35,179.77 FROM RESERVE BALANCE IN THE STORM WATER FUND CAPITAL IMPROVEMENT ACCOUNT.
WHEREAS, the budget for Fiscal Year 2021-2022 has been approved by City Council, and must now be amended to increase the appropriation in the Public Works, Storm Water Capital Improvement expenditures for costs associated with storm drain repairs; and, WHEREAS, t he funding will be utilized to support the City’s goal to improve the City’s infrastructure and safety operations by providing adequate storm drain services; by approving Change Order No.1 for the Sidewalk Repair Project with DM Contracting Inc.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLT ON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council he reby amends the Fiscal Y ear 2021 -2022 budget to appropriate $35,179.77 from reserve balance in Storm Water Fund Capital Improvement Account Number 722-6150-8215-3890-0000-000.
PASSED, ADOPTED AND APPROVED THIS 15th DAY OF FEBRUARY, 2022.
______________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Carolina R. Padilla, City Clerk
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Attachment: Exhibit C - Resolution R-15-22 (3498 : Change Order - DM Contracting, Inc.)
ITEM NO. 7
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR GONZALES CENTER ROOFING REPLACEMENT PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City Council authorize the execution and recordation of a Notice of Completion (Exhibit A) for Gonzales Center Roofing Replacement Project.
BACKGROUND
The Gonzales Center roofing showed wear and tear characteristics of being approximately over 30 years old; the roof had missing shingles, granules and had shrinkage between the shingles.
Generally, roofs are designed to last approximately 20 to 30 years. During the rainy seasons the Gonzales Center roof leaked in several locations; this created a safety concern for not only employees but customers and residents as well.
ISSUES/ANALYSIS
On April 20, 2021, the City Council awarded the construction contract to All Seasons Insulation, Inc. for the Gonzales Center Roofing Replacement Project for $138,800.00. The Project was completed per plans and specification on December 1, 2021. The final contract amount for th is project is $138,800.00.
FISCAL IMPACTS
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Staff Report to the Mayor and City Council
Notice of Completion - Gonzales Center Roofing Replacement Project February 15, 2022
Below is the construction funding breakdown for the Gonzales Center Roofing Replacement Project:
Account Number Contract Funding
605-6150-6211-4950-0000-000 $138,800.00
Total $138,800.00
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Notice of Completion
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
APN : 117828132 SPACE ABOVE THIS LINE FOR RECORDER’S USE Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton City Engineer (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on December 1, 2021
8. The name of the original contractor, if any, for the work of improvement was All Seasons Insulation, Inc.
The kind of work done or material furnished was roofing replacement.
9. 9. The property on which the work of improvement was completed is in the City of Colton,
10. County of San Bernardino, State of California, and is described as follows: Gonzales Center Roofing Replacement Project
11. The street address of the said property is located at Gonzales Center, 670 Colton Ave, Colton, CA 92324., City of Colton CA 92324
Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ___________________, California, this _____________ day of ______________________________.
____________________________________________________
(SIGNATURE)
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Attachment: Exhibit A- Notice of Completion (3489 : Notice of Completion - Gonzales Center Roofing Replacement Project)
ITEM NO. 8
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR HVAC UPGRADE OF
CHILDCARE FACILITIES AND GONZALES COMMUNITY CENTER
BASKETBALL GYMNASIUM.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City Council authorize the execution and recordation of a Not ice of Completion (Exhibit A) for HVAC Upgrade of Childcare Facilities and Gonzales Community Center Basketball Gym Project.
BACKGROUND
The City of Colton has four modular classroom buildings where it hosts Early Childhood Development programs at four di fferent Elementary Schools within the City’s boundary limits.
These Elementary Schools include Cooley Ranch Elementary, Reche Canyon Elementary, Paul Rodgers Elementary, and Woodrow Wilson Elementary. The HVAC systems at these elementary schools have been faltering and are in need of replacement. A full replacement was recommended as the cost to repair them was around the same price as replacing them and new life cycle is obtained when replacing them.
Similarly, the Basketball Gym at the Gonzalez Center h as 3 HVAC units of which two (2) are inoperable. One (1) unit is sustaining the Gym at half its capacity as it is also reaching its lifecycle. The new HVAC units on a like-for-like basis which generally have a 12 year lifecycle.
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Notice of Completion - HVAC Projects
February 15, 2022
On August 3, 2021, the City Council awarded the construction contract to CSR Air Conditioning & Heating, Inc. for HVAC Upgrade of Childcare Facilities and Gonzales Community Center Basketball Gym Project for $197,945.00. The Project was completed per plans and specification on November 1, 2021. The final contract amount for this project is $ 197,945.00.
FISCAL IMPACTS
Below is the construction funding breakdown for this HVAC Replacement Project:
Account Number Contract Funding
605-6150-6211-4950-0000-000 $197,945.00
Total $197,945.00
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Notice of Completion
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
APN : 117828132 SPACE ABOVE THIS LINE FOR RECORDER’S USE Notice of Completion
NOTICE IS HEREBY GIVEN THAT:
1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.
2. The full name of the undersigned is Victor Ortiz, P.E
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton City Engineer (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).
5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:
Names Addresses
N/A N/A
6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):
Names Addresses
N/A N/A
7. A work of improvements on the property hereinafter described was completed on November 1, 2021
8. The name of the original contractor, if any, for the work of improvement was CSR Air Conditioning & Heating, Inc.
The kind of work done or material furnished was HVAC Upgrade .
9. 9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: HVAC Upgrade of Childcare Facilities and Gonzalez Community Center Basketball Gym Project.
10. The street address of the said property is various location in the City of Colton CA 92324, Cooley Ranch Elementary, Reche Canyon Elementary, Paul Rodgers Elementary, and Woodrow Wilson Elementary and Gonzales Community Center
Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer
VERIFICATION
I, the undersigned say:
I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ___________________, California, this _____________ day of ______________________________. ____________________________________________________
(SIGNATURE)
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Attachment: Exhibit A- Notice of Completion (3490 : Notice of Completion - HVAC Projects)
ITEM NO. 9
STAFF REPORT
DATE: FEBRUARY 15, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION NO. R-11-22 EXPRESSING
SUPPORT FOR INITIATIVE TO PROTECT LOCAL ZONING AND
LAND USE AUTHORITY, RESOLUTION NO. R-11-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and adopt Resolution R-11-22 expressing support for initiative to protect local zoning and land use authority.
BACKGROUND
The Legislature of the State of California in recent years has proposed, passed, and signed into law a number of bills addressing a range of land use planning and housing issues. SB 330 (Housing Crisis Act of 2019) and SB 9 (allowing lot splits in single -family residential zones) have been most impactful on local land use authority. These bills usurp the authority of local jurisdictions to determine for themselves the land use policies and practices that best suit each city and its residents and instead impose “one -size-fits-all” mandates that do not take into account the unique needs and differences of local jurisdictions. The majority of these bills do not provide any incentives or requirements for low -income affordable or moderate income workforce housing, but instead impose new policies that will incentivize speculation and result in the addition of market -rate or luxury housing, thereby eliminating the opportunity for local jurisdictions to implement effective policies t hat will create more affordable housing and affirmatively further fair housing practices.
Due to these concerns, private citizen s have proposed the “Brand -Huang-Mendoza Tripartisan Land Use Initiative,” a state constitutional amendment, summarized below. A concurrent 9 Packet Pg. 119
Staff Report to the Mayor and City Council
Resolution - Support of Initiative to Protect Local Goverment Zoning and Land Use Authority February 15, 2022
constitutional amendment, ACA 7, introduced by Assembly Member Al M uratsuchi, proposes a similar amendment to the State constitution.
ISSUES/ANALYSIS
The proposed “Brand -Huang-Mendoza Tripartisan Land Use Initiative” will ensure that zoning and land use authority rests with the local government entities that represent the communities in which the residents reside, and to allow local government to participate in solving our affordable housing crisis through solutions that effectively address t he unique needs and conditions of each community. Specifically, the Initiative provides that city and county land use and zoning laws, including local housing laws, override all conflicting state laws, except in certain areas of statewide concern (e.g., C alifornia Coastal Act, siting of power plants and certain other infrastructure). The Initiative also prohibits the state from passing laws invalidating voter - approved land use initiatives, and denying funding to local governments based on their implementation of this Initiative.
Due to its effect on preserving local land use and zoning authority, staff is recommending that that City Council express support for the Initiative by adopting the attached Resolution.
FISCAL IMPACTS
No fiscal impact will result from taking a position on the Initiative.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of
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Attachment: City Council Resolution No. R-11-22_Support for Brand Huang Mendoza Land Use Initiative (3472 : Resolution - Support of