ISSUES/ANALYSIS
On April 19, 2022, City Council adopted Resolution No. R -28-22, approving environmental consultants pre -qualified to provide CEQA and NEPA services to the City for a 3 -year term.
Staff is recommending that one of the City’s pre -qualified environmental consultants, Kimley- Horn, be selected to prepar e the environmental documentation for the proposed project. All technical analyses associated with the Initial Study will be prepared directly by the consultant.
The consultant’s services will be overseen directly by staff to ensure that content, quality and timeframe commitments are met. The applicant has also agreed to enter into a Reimbursement Agreement with the City to fund the consultant services, as well as associated legal services and staff time for this “deposit to cost” project.
FISCAL IMPACTS
The applicant, Butterfly Equity Partners, Ben Gott, will pay t he full amount of the $139,500 cost of consultant services, plus an additional administrative fee of 15% ($20,925). The contract will be funded in full by the applicant through deposit into General Fund Revenue Account Number 100-6799-000. Sufficient appropriations are available for the contract in adopted FY202 1-22 budget in General Fund Planning Professional Services Account Number 100 -6300-6301-2357- 0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1. Kimley-Horn_PSA_2245 W. Valley Blvd
2. Attachment 2_REIMBURSEMENT AGREEMENT_2245 West Valley Boulevard_DAP- 001-734
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1 CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of April, 2022, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Kimley-Horn & Associates, dba Kimley- Horn, with its principal place of business at 3880 Lemmon Street , Suite 420, Riverside, CA 92501 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental Document Preparation services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional environmental consulting services for the Butterfly Equity Partners, Ben Gott Project for future food manufacturer at 2245 West Valley Boulevard ("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services").
The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from April 4, 2022 to April 4, 2023, unless earlier terminated as provided herein. The City shall have the un ilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ 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 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the
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2 Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations r especting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services . Consultant shall perform the Servic es expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner.
Upon request of City, Consultant shall provide a mo re detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City . In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptabl e to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant a t the request of the City. The key personnel for performance of this Agreement are as follows: Kari Cano, Project Manager.
3.2.5 City's Representative . The City hereby designates Mark Tomich, Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section
3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Kari Cano , Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full au thority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be av ailable to City's staff, consultants and other staff at all reasonable times.
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3 3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employee s and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own co st and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milesto nes described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance T ime and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certification . Consultant shall keep it self fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs ar ising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising o ut of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal la w respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and ret ention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or b y some other legally acceptable method.
Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
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4 3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub-subcontractors and Subconsultants. To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub -subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment b ecause of race, religion, color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel-powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violati ons of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions fo r the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
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5 3.2.11.2 Minimum Requirements . Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such in surance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its di rectors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection
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6 with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the ben efit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteer s shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage exce ss of the Consultant’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additio nal insureds pursuant to this Section 3.2.11.4(B).
(C) Workers’ Compensation and Employer’s Liability Coverage . The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and voluntee rs for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the
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7 City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section.
If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage . Consultant shall furnish Cit y with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Water Quality Management and Compliance.
3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations .
Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq .); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.2.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.2.12.4 Liability for Non-compliance.
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8 (A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indem nify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity. (C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred and thirty nine and five hundred ($139,500) without written approval of the City Council or City Manager as applicable.
Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and app roved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compe nsated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et
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9 seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.
City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consu ltant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultan t shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause b y giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services
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10 which have been adequately rendered to City, and Consultant shall be entitled to no further compensation.
Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement.
Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Kimley-Horn & Associates
3880 Lemon Street, suite 420
Riverside, CA 92501
Attn: Kari Cano, Project Manager
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mark Tomich, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data "). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, susp ension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination pr ovisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents
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11 & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant m akes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data ma de by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, emplo yees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without t he prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully
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12 indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitt ed by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability fo r such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim proced ures set forth in Government Code sections 900 et seq . prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved afte r all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as spe cified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves righ t to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
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13 3.6.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsul tants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification . No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direc t interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreemen t. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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14 3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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15 SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND KIMLEY-HORN &
ASSOCIATES
CITY OF COLTON KIMLEY-HORN & ASSOCIATES
By: ____________________________ By: _________________________ Wiliam R. Smith Kimley-Horn & Associates
City Manager
Attest:
____ By: _________________________
City Clerk Carolina R. Padilla
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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16 EXHIBIT "A"
SCOPE OF SERVICES
Task 1. Mobilization
The Kimley-Horn environmental team will review available Project information, plans and studies, as well as other available relevant information. Kimley-Horn will confirm the overall approach and schedule with the City. Kimley -Horn will also participate in a kickoff call with City staff for the project.
Task 2. Prepare Project Description
The Kimley-Horn environmental team will use information obtained in Task 1 and work closely with City staff to prepare a draft Project Description for the California Environmental Quality Act (CEQA) document. The Project Description will be prepared to the level of detail required by the City for the entitlement approvals being sought. The draft Project Description will be sent to the City for review and will be used as the basis for the Addendum EIR.
Task 3. Prepare Technical Studies
A) Air Quality Analysis
The project specific technical analysis will evaluate air quality impacts associated with the proposed project relative to impacts identified in the Colton’s Hub City Centre Specific Plan EIR. The significance of air quality impacts will be determined in comparison to applicable significance thresholds and to the findings of the Specific Plan EIR.
Kimley-Horn will assess air quality emissions in accordance with the South Coast Air Quality Management District’s (SCAQMD’s) recommended methodologies set forth in the SCAQMD CEQA Air Quality Handbook . The analysis will be prepared in accordance with the criter ia, standards, and provisions of the California Environmental Quality Act (CEQA) and will respond to the applicable checklist items within Appendix G of the CEQA Guidelines. The analysis will evaluate if the project would result in any new or substantially more severe significant environmental impacts as compared to the conclusions discussed in the certified EIR. The analysis will include the following:
Construction emissions (equipment exhaust and fugitive dust) will be quantitatively evaluated using the California Emissions Estimator Model (CalEEMod). Operational emissions (i.e., area, mobile, and energy source) will be quantified with CalEEMod.
Modeled construction and operational emissions will also be compared to the SCAQMD Localized Significance Thresholds to determine whether the localized impacts would occur. Carbon monoxide hotspots and odors will be evaluated qualitatively. Due to the low
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17 number of anticipated truck trips, a health risk is not anticipated.
Project consistency with the SCAQMD’s latest Air Quality Management Plan (AQMP) will be addressed.
Kimley-Horn will provide a qualitative odor analysis from the construction and operation of the proposed project.
B) Greenhouse Gas Analysis
Pursuant to CEQA Guidelines Section 15164, the greenhouse gas (GHG) emissions analysis will compare the potential impacts of the current proposal with the previous impacts identified for the Specific Plan. Project related GHG emissions will be addressed pursuant to the State CEQA Guidelines and the analysis will evaluate if the project would result in any new or substantially more severe significant environmental impacts as compared to the conclusions discussed in the certified EIR. The significance of GHG impacts will be determined in comparison to applicable significance thresholds and to the findings of the Specific Plan EIR. GHG Emissions Quantification. GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from both direct (i.e., area and mobile sources) and indirect sources (i.e., energy/water consumption and wastewater/solid waste generation) will be quantified. Total construction GHG emissions will be amortized into the GHG emissions inventory.
CalEEMod will be used to quantify GHG emissions. Reductions from recently adopted programs and regulations will be included, such as improvements in fuel efficiency, state building code energy efficiency, and landscaping water efficiency. Emissions Assessment and GHG Reduction Plan Consistency. The net change in project related GHG emissions will be assessed against the SCAQMD’s proposed threshold and consistency with applicable GHG reduction plans, City policies, and other regional/statewide GHG emissions reduction strategies such as the CARB Scoping Plan and the Regional Transportation Plan/Sustainable Community Strategy for the Southern California Association of Governments region and then compared to the findings of the Specific Plan EIR. Applicable mitig ation consistent with the Specific Plan EIR will be identified.
C) Noise and Vibration Assessment
The noise and vibration assessment will quantify both construction and operational noise levels.
Pursuant to CEQA Guidelines Section 15164, the noise analysis will compare the potential impacts of the current proposal with the previous impacts identified for the Specific Plan EIR. The analysis will examine whether the project noise would generate a substantial temporary or permanent
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increase in ambient noise levels in the vicinity of the project in excess of applicable standards.
The following outlines our approach:
Existing Conditions and Regulatory Setting. Noise standards regulating noise impacts will be discussed for land uses on and adjacent to the project site. A site visit will be conducted, and short-term noise level measurements will be taken along the project area.
Up to six short -term (10-minute) noise measurements will be taken at various locations to establish ambient noise levels at various land uses and areas in the project vicinity. Construction Noise. Noise impacts from construction sources will be analyzed based on the anticipated equipment to be used, length of a specific construction task, equip ment power type (gasoline or diesel engine), horsepower, load factor, and percentage of time in use. The construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (L eq) and the frequency of occurrence at adjacent sensitive locations.
Vibration. An analysis of construction vibration impacts will be based on the Federal Transit Administration’s (FTA’s) vibration analysis guidance. Analysis requirements will be based on the sensitivity of the area, specific construction activities, and Noise Ordinance specifications. The analysis will examine whether the project would generate excessive groundborne vibration.
Operational Noise. On-site noise generating activities will be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the applicable Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. Stationary noise sources will be quantitatively assessed. On - and off -site noise impacts from vehicular traffic will be assessed using the U.S. FHWA Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format.
Noise and vibration effects during construction and operation will be compared to the applicable significance criteria, and then compared to the findings of the Specific Plan EIR. Applicable mitigation consistent with the Specific Plan EIR will be identified.
D) Energy Assessment
The energy analysis will evaluate potential impacts associated with the project related to energy conservation, and potential impacts related to the use of fuel or energy upon implementation of the proposed project pursuant to CEQA Guidelines Section 15126.2(b), Section 15126.4 (a)(1)(C), Appendix F, and the recent State CEQA Guidelines Amendments (i.e., §15162.2(b) and Appendix G.III). These statutes and guidelines require a CEQA document to describe, where relevant, a project’s wasteful, inefficient, and unnecessary energy consumption. The analysis will evaluate energy consumption associated with short -term construction activities, long -term
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2 operations, buildings, and transportation. Project energy consumption related to electricity, natural gas, and transportation fuel for vehicle trips as well as the fuel necessary for project construction will be quantified.
E) Traffic Impact Analysis
LOS Analysis
Obtain a copy of the project site plan for the proposed project, including building square footages and uses, site layout, site driveways, parking supply, and any other site features that will affect the traffic analysis.
Conduct a site visit to observe and document existing traffic conditions in the project vicinity, including site access points, surrounding street system and traffic control, and surrounding land uses.
Prepare and submit a Project Scoping Form to City staff, identifying the project description, project trips, trip distribution, project opening year, and proposed study intersections.
For planning and budgetary purposes, it is assumed that this scope assumes up to eight (8) study intersections and four (4) roadway segments.
Collect current daily and weekday morning and evening peak hour traffic count data for the study locations.
Develop project trip generation estimates for the proposed project, using the Institute of Transportation Engineers (ITE) Trip Generation Manual (11th Edition) trip rates.
Passenger car equivalent factors (PCE) will be applied for trucks.
Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of employees and trucks, as well as current traffic patterns in the area. Project traffic will be distributed through the study intersections, and the project traffic contribution to each intersection will be identified.
Summarize operating conditions at the study intersections for the following scenarios:
o Existing Conditions
o Opening Year
o Opening Year Plus Project
o Future Year 2040
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3 o Future Year 2040 Plus Project
Obtain Cumulative Projects information from the City of Colton and surrounding cities. Identify project impacts, and any recommended improvements, if necessary.
CEQA VMT Screening Analysis
Kimley-Horn will run initial VMT screening based on information published by the City of Colton and OPR. Kimley -Horn will coordinate with the City of Colton regarding their planned approach to establishing thresholds and methodologies for the VMT analysis. This task does not include a quantitative VMT analysis (modeling required). If the City requires a quantitative VMT analysis, this will constitute additional effort. An optional task for a quantitative VMT analysis is provided below.
Documentation
Prepare a brief report to document the methods and results of the analyses performed above.
The traffic study will address the impacts of a single development scenario. Analysis of project alternatives, phased development, additional analysis scenarios, or revised analysis to address revisions to the site plan will require additional fee.
Attendance at meetings is not included. If requested, attendance at meetings with team members or City staff, or at public meetings and public hearings will be billed in accordance with the per-meeting line items (per attendee) shown below.
Task 4. Prepare Addendum EIR
This task assumes preparation of the EIR Addendum – all related technical studies are described above. State CEQA Guidelines Section 15164 provides general guidance regarding Addendums; however, it defers to Section 15162 to determine whether circumstances warrant preparation of a Subsequent EIR. In other words, if the project fails to meet Section 15162 criteria, an Addendum may be appropriate. This finding must consider factors such as changes in the scope of the proposed project relative to the approved project, changes in surrounding circumstances that have occurred since the Final EIR was certified, and the discovery of new information that was not known at the time the previous EIR was prepared. The Addendum test is the ability to provide substantial evidence showing that the proposed project would not create new significant adverse impacts or increase the severity of a significant adverse impact identified in the previous EIR.
For the environmental analysis, it is important to demonstrate that adequate consideration has
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4 been given to all the environmental topics previously analyzed as part of the City of Colton General Plan Final EIR and sufficien t documentation is provided to support the determination that the Addendum is the appropriate CEQA documentation. Therefore, Kimley -Horn proposes to use the CEQA Environmental Checklist as the basis for the analysis. For each topic on the checklist, a brie f summary of the findings from the Final EIR will be provided. Kimley -Horn anticipates that the results of the technical studies described above will conclude that the proposed project’s impacts are consistent with the General Plan Final EIR.
The State CEQA Guidelines do not specify the content or format for an Addendum. Kimley-Horn recommends the Addendum consist of the following: (1) Purpose of the Addendum; (2) Project Background; (3) Project Description, which would provide a project setting discussion; (4) Environmental Analysis; and (5) Conclusions. A Mitigation Monitoring and Reporting Plan (MMRP) will be provided as an Appendix to the Addendum. The MMRP will identify those measures from the General Plan EIR that would be applicable to the p roposed project as well as any modifications to measures and standard conditions of approval that are applicable based on regulatory and City requirements.
Task 5. Project Management/Meetings
The Kimley-Horn team will be led by Ms. Kari Cano will act as a Project Manager for the duration of the project. Kari has 16 years of CEQA/NEPA experience working with various cities in the Inland Empire, including multiple projects in the City of Colton. This task includes attendance at up to two (2) hearings/public meetings for the Project. This task also assumes a total of 35 hours of management and meetings time.
Task 6. Specific Plan Amendment Support and Peer Review Kimley-Horn will provide exhibits in support of the Specific Plan Amendment to be prepared by the Applicant’s consultant. This task assumes up to six (6) exhibits will be prepared to support the Specific Plan Amendment. Kimley-Horn will also peer review the Specific Plan Amendment for consistency and clarity.
This task also assumes one consolidated round of revisions on the exhibits provided by the Client and City. Additional revisions based on comments by City staff, or any other agency are considered out of scope and will be billed at the then current rates.
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EXHIBIT "B"
SCHEDULE OF SERVICES
Schedule:
Kimley-Horn will expedite the schedule to the extent practical.
This schedule is highly dependent on timely review and responses from City staff. If a separate review process by the Project Applicant or City third -party CEQA reviewer or legal counsel is desired, the schedule and fee estimate may be increased to allow for additional coordination and review/revision time.
Notice to Proceed
Prepare Project Description
City Review/Concurrence
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Attachment: Attachment 1. Kimley-Horn_PSA_2245 W. Valley Blvd (3563 : Contract Award and Reimbursement Agreement) Page
2 EXHIBIT "C"
COMPENSATION
Fee Estimate
Kimley-Horn proposes to complete the above scope of work on a lump -sum basis with the assumptions as noted above, as follows:
Task 1: Project Kickoff $2,500
Task 2: Project Description $2,000
Task 3: Technical Studies $72,000
- Air Quality Assessment $9,200
- Greenhouse Gas Assessment $7,500
- Noise Assessment $9,600
- Energy Assessment $5,200
- Traffic Impact Analysis $40,500
Task 4: Addendum EIR $45,500
Task 5: Project Management/Meetings $9,000
Task 6: Specific Plan Amendment Support $8,500
Total Fee $139,500
We look forward to the opportunity to work with the City on this Project. Should you have any questions or require additional information, please contact Project Manager, Ms. Kari Cano at (951) 543-9869 or via email at [email protected].
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Attachment: Attachment 1. Kimley-Horn_PSA_2245 W. Valley Blvd (3563 : Contract Award and Reimbursement Agreement)
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CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
CONDITIONAL USE PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW FOR BUTTERFLY EQUITY PARTNERS, BEN GOTT PROJECT (DAP-001-734)
1. PARTIES AND DATE.
This Reimbursement Agreement ("Agreement") is made this 16 day of February, 2021, by and between the City of Colton, a California municipal corporation ("City"), and Butterfly Equity Partners, Ben Gott with principal place of business at 220 Newport Center Drive #11 -557, Newport Beach, CA 92660 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1. Property. The owner , Riverside Construction Company , of that certain real property located within the City of Colton, County of San Bernardino , California , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).
2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.
2.3 Consultants. To provide the City with the needed expertise and inform ation necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").
2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.
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3. TERMS.
3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.
3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsu ltants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.
3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.
3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants and City staff to be approximately one hundred and twenty two thousand dollars ($122,000), plus an additional administrative fee of 15% twenty thousand and nine hundred and twenty five dollars ($20,925) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $139,500 and separate check in the amount of $20,925 to cover the initial Estimated Costs, which amount the City shall separately account for
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in a Project deposit account ("Deposit Account").
As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($15,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Fifteen Thousand Dollars ($1 5,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.
City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").
The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. T he Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to t he commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.
For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.
The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and w ill provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees t o refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.
3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For
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purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.
3.6 Early Termination.
3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant e ither: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.
3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Appli cant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.
3.6.3 Notice to Consultants . W ithin two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.
3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written co nsent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.
All modifications to this Agreement must be approved by the City Council.
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3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.
3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.
This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shal l have no further obligation to reimburse City for its attorney fees and expert or other costs.
3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies avail able to it , its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.
3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.
3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.
3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.
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3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.
3.16 Notices. Notices required under this Agreement shall be sent to the following:
City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mark Tomich, Development Services Director
Applicant: Attn: Ben Gott
Butterfly Equity Partners
220 Newport Center Drive #11-557
Newport Beach, CA 92660
Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand deli very, on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.
[SIGNATURES ON NEXT TWO PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
SPECIFIC PLAN AMENDMENT, CONDITIONAL USE PERMIT AND
ARCHITECTURAL AND SITE PLAN REVIEW FOR MANUFACTURING USE AT 2245 WEST VALLEY BOULEVARD PROJECT (DAP-001-734)
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest:
_________________________
Carolina R. Padilla
City Clerk
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APPLICANT’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
SPECIFIC PLAN AMENDMENT, CONDITIONAL USE PERMIT AND
ARCHITECTURAL AND SITE PLAN REVIEW FOR MANUFACTURING USE AT 2245 WEST VALLEY BOULEVARD PROJECT (DAP-001-734)
MICHAEL CLINE
By: _________________________
Signature
_________________________
Name: Michael Cline
_________________________
Title: Senior Project Manager
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
TOWN OF R1ALTO AND ADJ SUB E 1/2 LOT 210 AND W 1/2 SYCAMORE AVE VACATED ADJ ON E EX S 40 FT 8.90 AC
Assessor’s Parcel Number: 0254-041-04
The site map is below:
West Valley Boulevard
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EXHIBIT "B"
PROJECT DESCRIPTION
DAP-001-734 – The City of Colton will be receiving an application to allow an approximately 200,000 square foot manufacturing building located at 2245 West Valley Boulevard in the City of Colton. The Project would include food manufacturing. It is anticipated that the Project would employ approximately 400 people.
The Project site currently contains an existing abandoned warehouse. It is proposed that the existing warehouse would be demolished, and a new state of the art warehouse would be built in its place for food manufacturing.
The Project is located within the HUB City Center Specific Plan. An amendment to the HUB City Center Specific Plan would be required to allow a manufacturing use with 400 or more employees and over 50,000 square feet of building area within the Business Park (BP) land use designation, subject to a Conditional Use Permit. The Project would also seek architectural and site plan review/approval.
The environmental review includes the preparation of an Initial Study to determine appropriate CEQA document.
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EXHIBIT "C"
PERMITS AND OTHER APPROVALS
- Conditional Use Permit
- Architectural and Site Plan Review
- Initial Study – CEQA
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EXHIBIT "D"
CONSULTANTS
BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.
KIMLEY-HORN & ASSOCIATES
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $122,000, without prior approval by each party.
OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).
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Attachment: Attachment 2_REIMBURSEMENT AGREEMENT_2245 West Valley Boulevard_DAP-001-734 (3563 : Contract Award and
ITEM NO. 6
STAFF REPORT
DATE: MAY 3, 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 EMERGENCY CONTINUANCE - M STREET LINE
REPAIR, RESOLUTION NO. R-44-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
- Approve the continuance of Emergency under Colton Municipal Code Section §3.08.130(a) to make critical repairs to the Colton’s Transmission/Distribution system as soon as possible.
- Approve an amendment to the agreement with Diversified Utility Services, Inc. due to a change order for $10,886.06.
BACKGROUND
On January 12 th, 2022, at approximately 2:10 pm, the Century sub station tripped offline due to the likely cause of either a Southern California Edison (SCE) 115 kV Transmission line arcing or a tree fire. This closed all circuits connected to the Century Substation, or the entire Southeast wing of the City. The nature of this outage created a major explosion and subsequent fire as well as a power line whiplash in the area of the outage. The result of these events caused major damage to Colton’s interconnecting 66 kV line and pole infrastructure. The damage to this line area spans acro ss transmission lines and critical distribution lines. Colton’s line crews do not have the capability to make the repairs to these higher voltage lines due to lack of equipment needed and manpower. This repair work is critical to the safety and grid stab ility of the Century sub area.
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Staff Report to the Mayor and City Council
Emergency Update - M Street Line Repair
May 3, 2022
As a result of this situation, Public Works and Utility Services staff is requesting continuation of the declared emergency until the repairs are complete and the problem is fixed.
ISSUES/ANALYSIS
In order to mimic a compe titive process, staff sent the request to five qualified contractors and two responded. Diversified Utility Services, Inc. was selected as the least cost/best fit provider and Council approved the selection at the April 5 th, Council meeting. Diversified and Colton staff have a final agreement in place and final processing is pending.
Now, pursuant to Colton Municipal Code Section 3.08.130(A) and Public Contract Code section 22050(b)(3), the City Manager must report to the City Council the reasons justif ying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. In turn, pursuant to Public Contract Code section 22050(c)(2), the City Council must review the emergency action by the City Manager and determine, by a four -fifths vote, there is a need the continue the action. The final contract has been signed by all parties and Diversified has made orders of the equipment. On April 19th, Diversified notified Col ton staff that a change order adding $10,886.06 to the original pricing estimate will be required. The change order is a result of their cable supplier requiring the purchase of an entire reel rather than just the amount of cable needed for the job.
Staff is also requesting that Council approve the change order , allowing the City Manager to execute the necessary contract amendment to bring the total contract amount to $102,060.06.
FISCAL IMPACTS
Inclusive of the change order, the amended contract will no w total $102,060.06 ($91,174 + $10,886.06). Sufficient appropriations for the total contract of $102,060.06 for the repairs on M - Street are available in the adopted FY2021 -22 Budget in Electric Fund Professional Services Account Number 520-8000-8004-2350-0923-000.
ALTERNATIVES
Provide alternative direction to Staff.
ATTACHMENT
1. Resolution R-44-22 approve amendment on M Street 5.03.2022
2. 1st Amendment - MSA - Diversified Utility Services
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RESOLUTION NO. R-44-22
APPROVE THE AMENDMENT TO THE CONTRACT WITH DIVERSIFIED
UTILITY SERVICES, INC. FOR THE AMOUNT NOT TO EXCEED $102,060.06 (INCLUDING THE ADDED 10,886.06 CHANGE ORDER) IN ACCORDANCE WITH SECTION 3.08.060(I) FOR EMERGENCY REPAIRS AS DESCRIBED IN CODE SECTION 22050
WHEREAS, on January 12th, 2021 Century Substation Transformer sub tripped offline due line arcing; and
WHEREAS, the critical infrastructure is in need of emergency repair as soon as possible to mitigate outage and safety risks that increase during the summery months; and WHEREAS, as required by Colton Municipal Code Section 3.08.130(a), the City Manager has the authority to declare a public Emergency and take any directly related and immediate action required by the Emergency, up to a total of one hundred thousand dollars” and staff sought offers for the job selecting an offer for less than one hundred thousand dollars; and WHEREAS, in compliance with the requirements in the City’s Municipal Code, Section
3.08.130, City Council must ratify the approved emergency repair work around the Mt. Vernon and M Street area without a formal bid process.
WHEREAS, City staff was notified on April 19th that a change order for wire supplies is required adding $10,886.06 to the total cost of the contract and in accordance with Colton Municipal Code 3.08.060(G-I), Council must approve change orders exceeding 5 percent.
NOW, THEREFORE, BE IT RESOLVED, that the Colton City Council hereby and authorizes the amendment of the emergency repair work contract to be performed by Diversified Utility Services, Inc. in the amount not to exceed $102,060.06, including the added $10,886.06 change order.
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PASSED, APPROVED and ADOPTED by the City Council of the City of Colton at a regular meeting of said Council held on the 3rd of May, 2022, by the following vote:
City of Colton
FRANK J. NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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Attachment: Resolution R-44-22 approve amendment on M Street 5.03.2022 (3595 : Emergency Update - M Street Line Repair)
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FIRST AMENDMENT TO
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
DIVERSIFIED UTILITY SERVICES, INC.
1. PARTIES AND DATE.
This First Amendment to the Maintenance Services Agreement (“First Amendment”) is made and entered into this 19th day of April, 2022 by and between the City of Colton (“City”) and Diversified Utility Services, Inc. (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance Services Agreement dated February 17 th, 2022 (“Agreement”), whereby Contractor agreed to provide repairs to power lines out of service adjacent to M -Street in the City of Colton service territory and other work as described in Exhibit “A” of the original agreement.
2.2 Amendment Purpose. City and Contractor desire to amend the Agreement for the First time to Increase the total cost estimate by $10,886.06 for a grand total of $102,060.06
2.3 Amendment Authority. This First Amendment is authorized pursuant to Section
3.5.9 of the Agreement.
3. TERMS.
3.1 Exhibit “C” – Cost of Services. Exhibit “C” of the Agreement is hereby deleted in its entirety and replaced with the following:
“The Cost of S ervices, for the completion of the project, described in Exhibit “A”, shall not exceed $102,060.06.”
“Exhibit C is hereby amended and replaced with Exhibit C language above and incorporated herein by reference as a result of the cab le wire supplier requirement to order an entire reel as opposed to an exact amount of cable wiring needed for the job.”
3.2 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
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3.3 Adequate Consideration. The Parties hereto irrev ocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.4 Severability. If any portion of this First Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This First Amendment may be executed in duplicate originals, each of which is dee med to be an original , but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR FIRST AMENDMENT TO
MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND DIVERSIFIED UTILITY SERVICES, INC.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Maintenance Services Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
Diversified Utility Services, Inc.
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
Cody S. Anderson
Director of Contract Administration
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EXHIBIT "C-FIRST AMENDMENT"
COST OF SERVICES
1. The cost of services, for the completion of the project, as described in Exhibit “A”, shall not exceed $102,060.06
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ITEM NO. 7
STAFF REPORT
DATE: MAY 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE A LETTER OF AGREEMENT (LOA) WITH THE COLTON
POLICE CIVILIANS EMPLOYEE ASSOCIATION (CPCEA),
RESOLUTION NO R-42-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Letter of Agreement between the City of Colton and the newly formed Colton Police Civilians Employee Association.
BACKGROUND
Pursuant to California Government Code Section 3500 (Meyers-Milias-Brown Act) and City of Colton’s Employer – Employee Relations Resolution (EERR), City of Colton employees may petition the city to form an employee association dedicated to them. In October 2021, the City of Colton received a petition to form a new employee association called the Colton Police Civilians Employee Association (CPCEA). These members requesting to form a new Association consisted of the following classifications:
Animal Services Officer
Code Enforcement Officer
Community Services Officer
Police Services Clerk I & II
Senior Police Services Clerk
The Teamsters General Unit Association represent these classifications and these employees requested and submitted a certified petition to remove themselves from the Teamsters General Unit and form a new Association. The petition met the requirements under the City of Colton’s EERR.
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Letter of Agreement - Colton Police Civilians Employee Association (CPCEA) May 3, 2022
In January 2022, a City hearing was held to determine the validity of the petition (majo rity signatures) and the existence of the appropriate unit for these classifications between the existing unit and the proposed modified unit. The Teamsters General Unit provided notice that it did not intend to contest the petition and did not attend the hearing. Subsequently in March 2022, the City and the Association use d the State of California Mediation and Conciliation Services as a neutral third party to verify the majority status of the newly forming employee association.
The City determines that t he new proposed unit comprised of the classifications of Animal Service Officer, Code Enforcement Officer, Community Service Officer, Police Services Clerk I and II, and Senior Police Services Clerk is appropriate and agrees to the creation of a non -sworn bargaining unit containing these classifications.
ISSUES/ANALYSIS
The City and CPCEA have agreed to enter in agreement that set forth the wages, hours, and terms and conditions of employment for the CPCEA.
1. The City and CPCEA agree that the wages, hours , and terms and conditions of employment for the classifications in the newly formed Non -Sworn Bargaining Unit shall continue to be dictated by the terms and conditions of the Teamsters General MOU, which is attached hereto as Exhibit A, through June 30, 2025.
2. This Letter of Agreement shall expire on June 30, 2025, after which the City and CPCEA shall meet and confer to negotiate a separate comprehensive Memorandum of Understanding between the City and CPCEA.
Going forward, the City of Colton shall have nine (9) recognized employee bargaining units and two (2) non-bargained employee groups.
FISCAL IMPACTS
None
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Resolution R-42-22 - CPCEA Unit Letter of Agreement TC 7 Packet Pg. 253
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ITEM NO. 8
STAFF REPORT
DATE: MAY 3, 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 THE RUBBERIZED
SLURRY SEAL ON VARIOUS CITY STREETS IN COLTON
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 for the 2020-2021 Rubberized Slurry Seal on Various City Streets in Colton Project.
BACKGROUND
The 2020 -2021 Rubberized Slurry Seal on Various City Streets in Colton Project involved a slurry seal project for streets throughout the City of Colton. Slurry seal is a cost-effective type of pavement maintenance. This type of street maintenance program is designed in such a way that major and local streets receive a slurry seal treatment (surfacing) before it needs major repair and reconstruction. This street mainte nance method can prolong the life of various City streets in a very cost effective way. The cost to slurry seal is about 15% to 20% of the cost of pavement overlay and lasts around three (3) to five (5) years.
ISSUES/ANALYSIS
On June 15, 2021, the City Council awarded a construction contract to American Asphalt South, Inc. for $153,268.15 for the 2020-2021 Rubberized Slurry Seal on Various City Streets. On January 12, 2022, Change Order Number 1 amended the contract by $7,227.19. The Project was completed per contract documents and specification with a total contract amount of $160,496.83.
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Notice of Completion - Slurry Seal Project on Various City Streets May 3, 2022
FISCAL IMPACTS
The amount for the construction of the 2020 -2021 Rubberized Slurry Seal on Various City Streets in Colton Project is $160,496.83. Host City Fee Fund Capital Improvement Account #240-2133-6150-3890-0000-000 funded the Project.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Notice of Completion
2. Exhibit B - Project Photos
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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
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 Owner in Fee (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 January 20, 2022
8. The name of the original contractor, if any, for the work of improvement was American Asphalt South, Inc.
The kind of work done or material furnished was Rubberized Slurry Seal on Various City Streets.
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: 2020-2021 Rubberized Slurry Seal on Various City Streets in Colton Project.
The street address of the said property is in the vicinity of 7th Street , W. N Street ,Loma Verde ,Loma Roja, Cordova Ave. / Seville St., Michelle Dr. ,Parvin Dr. ,Shane Dr. , Maryland Ave. , Ohio Ave. , Esperanza St. , Balbirnie Ave. , Merryfields Ave, Bostick Ave, Miles Ct. , W. Fulmar Ct. , Maria Ct. ,Shirley Ct. ,Rosa Ct.,Linda Ct. , Maryknoll Dr. , Maple St., Stephen St. and W. N St./ 6th St., 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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ITEM NO. 9
STAFF REPORT
DATE: MAY 3, 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 PRADO BOOSTER STATION UPGRADE.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for the Prado Booster Station Upgrade Project.
BACKGROUND
The Prado booster pump sta tion is located in an unincorporated part of the county that lies between the Reche Canyon I and Reche Canyon II pressure zones. The pump station consists of a building that houses the two horizontal split case pumps, with room for a third pump, and the appurtenant electrical equipment. This station moves/pumps water from the Reche Canyon I pressure zone to the Reche Canyon II pressure zone and the Wild Canyon reservoir. The station was originally constructed in 1987. The Reche Canyon II pressure zone serve s the Colton residents south of the Canyon Apartment Homes and Reche Canyon Rehabilitation and Health Center. Prado Station was upgraded because it has outlived its useful service life and to ensur e reliability in supplying water to the Reche Canyon II pressure zone.
ISSUES/ANALYSIS
On February 2, 2021, the City Council awarded the construction contract to GSE Construction for $1,109,600.00. The Notice to Proceed for the Project was issued on June 14, 2021 and the Project was completed per plans and sp ecification including the all the additional work and 9 Packet Pg. 309
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Notice of Completion - Prado Booster Station Upgrade
May 3, 2022
punchlist items on March 27, 2022. The final contract amount for this project including the
1.89% change order is $1,130,626.00.
FISCAL IMPACTS
Water Fund Capital Improvement Account #521 -8100-8103-3890-0000-000 funded the construction of the Prado Booster Station Upgrades Project.
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
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 City of Colton, 160 S. 10th Street, Colton, CA 92324-2897
4. The nature of the title of the undersigned is Assistant Director of Public Works & Utilities (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 January 27, 2022.
8. The name of the original contractor, if any, for the work of improvement was GSE Construction.
9. The kind of work done or material furnished was upgrade of plumbing and electrical.
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: Prado Booster Station Upgrade Project.
10. The street address of the said property is: 23917 Prado Ln, Colton CA (NO APN)
Dated: _________________________________________________ Victor Ortiz, Assistant Director of Public Works & Utilities
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 Colton, California, this _____________ day of ______________________________.
____________________________________________________
(SIGNATURE)
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ITEM NO. 10
STAFF REPORT
DATE: MAY 3, 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 LIST OF PROJECTS FOR FY 22-23 FUNDED BY SB-1:
ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017,
RESOLUTION NO. R-43-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Resolution R-43-22 (Exhibit A) adopting a List of Projects for FY 22-23 funded by SB- 1: Road Repair and Accountability Act of 2017.
BACKGROUND
On April 28, 2017 the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017 known as SB -1, to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road systems. The 2016 California Statewide Local Streets and Roads Needs Assessment found that a majority of the City’s streets and roads are in an at -risk/poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition. SB -1 increases per gallon fuel excise taxes, diesel fuel sales taxes and vehic le registration fees. A percentage of this RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
ISSUES/ANALYSIS
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May 3, 2022
Streets and Highways Code (SHC) Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to mai ntain local streets and roads and are accountable to the people through performance goals that are tracked and reported.
Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects.
Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirement for the program is the submittal of the list of projects to the California Transportation Commission (CTC) prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year. All p rojects proposed to receive funding must be included in a city or county budget that is adopted by the applicable City Council or County Board of Supervisors at a regular public meeting. The list of projects is intended to cover, at a minimum, the applicab le fiscal year. Project information for future fiscal years can be included and can be updated as needed prior to sub mittal to the CTC. Any update to the project list requires City Council approval.
Below is the list of proposed streets for funding by SB -1 for Fiscal Year 22 -23. Also shown is the project limit and corresponding Pavement Condition Index (PCI) rating of these streets:
Project Description/Location Budget PCI
Pavement Rehabilitation: 9th Street (Valley Blvd. to South end - I/10 Freeway Underpass) $ 69,552.00 53
Pavement Rehabilitation: Eucalyptus Ave. (San Bernardino Ave. to Randall Ave.) $ 271,409.00
51, 59, 61,
66 Pavement Rehabilitation: Valley Blvd. (Rancho Ave. to BNSF RR Track) $ 358,335.00 53, 63
Pavement Rehabilitation: Pennsylvania Ave. (Valley Blvd. to F St.) $ 125,379.00 58, 62, 66 Pavement Rehabilitation: RV Center Dr. (Washington St. to Milano Way) $ 128,251.00 50
Pavement Rehabilitation: Prado Lane/Chase Canyon. Lane (West City Limit to East end) $ 282,499.00
40, 48, 51,
54, 64
Total = $ 1,235,425.00
The scope of work for the listed street s includes pavement grinding, rubberized asphalt overlay, pavement striping and installation of traffic loops. Inclusion of these streets was based on the Pavement Management Plan developed by IMS Infrastructure Management Services, Inc. for the City of Colton. Recipients of SB-1 funding are required to use a Pavement Management System to develop the SB -1 project list to ensu re revenues are being used on the most high -priority and cost-effective projects that also meet the communities priorities for transportation investment.
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SB-1 Funding - List of Projects for FY 22/23
May 3, 2022
Pavement Condition Index (PCI) is a numerical index between 0 and 100 being used to indicate the general condition and distress of a pavement. PCI is rated 0 -100, 100 being best and 0 as worst condition. The descriptive range of the PCI rating are: 0 -25 (Very Poor), 26-40 (Poor), 41- 50 (marginal), 51-60 (Fair), 61-70 (Good), 71-85 (Very Good) and 86-100 (Excellent). Pavement distress includes but not limited to cracking, bumps, sags, potholes, joint reflections and exposed aggregates. The average PCI of the City’s road network (total of 141.5 miles) is 65. The national average PCI rating is 60-65.
The projected SB-1 funding for the City of Colton for FY 22 -23 is $1,235,425.00 (Exhibit B).
The City of Colton’s Public Works Department will manage compliance with RMRA requirements for eligibility and reporting.
FISCAL IMPACTS
The approximate cost of listed streets for FY 22 -23 is $1,235,425. Expenditure and revenue accounts for the FY 22 -23 Road Repair and Accountability Act of 2017 (SB -1) Projects are included on the proposed FY 22-23 citywide budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Resolution R-43-22 - SB 1 List of Streets
2. Exhibit B - Projected FY 22-23 SB-1 Funding for Colton 10 Packet Pg. 314
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- 1 -
RESOLUTION NO. R-43-22
RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 20 22/2023 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in ord er to address the significant multi -modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), cre ated by SB 1, in the City budget, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $1,239,425 in RMRA funding in Fiscal Year 2022-2023 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 f unding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1 ; and
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Attachment: Exhibit A - Resolution R-43-22 - SB 1 List of Streets (3601 : SB-1 Funding - List of Projects for FY 22/23) 1 2
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WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on t he most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the funding fro m SB 1 will help the City maintain and rehabilitate streets/roads, bridges and active transportation infrastructure throughout the City this year and other similar projects into the future; and
WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that majority of the City’s streets and roads are in an at -risk/poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will improve the condition of our streets and roads; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recital preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council authorizes the adoption of the following List of Streets for
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Fiscal Year 2022/2023 Pavement Rehabilitation Project to be funded by Road Maintenance and Rehabilitation Account (SB-1) revenues include:
Project 1: SB-1 Funded FY 22/23 Street Rehabilitation Project:
a. 9th Street (Valley Blvd. to South end) - $69,552 – asphalt grind and overlay , striping, traffic loops, 10 to 15 years (estimated useful life) – estimated start by Sept. 1, 2022 and completion by June 2023.
b. Eucalyptus Ave. (San Bernardino Ave. to Randall Ave.) - $271,409 – asphalt grind and overlay, striping, 10 to 15 years (estimated useful life) – estimated start by Sept. 1, 2022 and completion by June 2023.
c. Valley Blvd. (Rancho Ave. to BNSF RR Track) - $358,335 – asphalt grind and overlay, striping, traffic loops, 10 to 15 years (estimated useful life), estimated start by Sept. 1, 2022 and completion by June 2023.
d. Pennsylvania Ave. (Valley Blvd. to F St.) – $125,379 - asphalt grind and overlay, striping, 10 to 15 years (estimated useful life) – estimated start by Sept. 1, 2022 and by June 2023.
e. RV Center Dr. (Washington St. to Milano Way) – $128,251 – asphalt grind and overlay, striping, 10 to 15 years (estimated useful life) – estimated start by Sept. 1, 2022 and completion by June 2023.
f. Prado Lane/Chase Canyon. Lane (West City Limit to East end) - $282,499 - asphalt grind and overlay, striping, 10 to 15 years (estimated useful life) – estimated start by Sept. 1, 2022 and completion by June 2023.
PASSED, ADOPTED AND APPROVED THIS 3rd DAY OF MAY 2022.
________________________ ______
FRANK J. NAVARRO, MAYOR
ATTEST:
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________________________
CAROLINA R. PADILLA, CITY CLERK
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Attachment: Exhibit A - Resolution R-43-22 - SB 1 List of Streets (3601 : SB-1 Funding - List of Projects for FY 22/23) Local Streets and Roads - Projected Revenues
2021-22 2022-23
Estimated January 2022 Hwy Users Tax Road Mntnc TOTAL Hwy Users Tax Road Mntnc TOTAL Account Rehab Acct Account Rehab Acct
SAN BERNARDINO COUNTY
ADELANTO 925,131 727,982 1,653,113 1,030,216 801,164 1,831,380 APPLE VALLEY 1,946,476 1,539,974 3,486,450 2,168,773 1,694,783 3,863,557 BARSTOW 639,480 501,346 1,140,826 711,850 551,745 1,263,595 BIG BEAR LAKE 517,315 107,477 624,792 532,830 118,281 651,111 CHINO 2,306,360 1,826,511 4,132,871 2,570,020 2,010,124 4,580,144 CHINO HILLS 2,162,682 1,712,116 3,874,798 2,409,829 1,884,230 4,294,058 COLTON 1,422,232 1,122,576 2,544,808 1,584,278 1,235,425 2,819,703 FONTANA 5,580,440 4,431,315 10,011,755 6,220,107 4,876,781 11,096,888 GRAND TERRACE 330,353 256,814 587,168 367,425 282,631 650,056 HESPERIA 2,511,068 1,989,498 4,500,566 2,798,255 2,189,496 4,987,750 HIGHLAND 1,444,657 1,140,430 2,585,087 1,609,280 1,255,074 2,864,354 LOMA LINDA 657,430 515,638 1,173,068 731,863 567,473 1,299,336 MONTCLAIR 1,040,921 820,174 1,861,095 1,159,314 902,623 2,061,937 NEEDLES 146,055 110,874 256,929 162,060 122,020 284,080 ONTARIO 4,749,538 3,769,758 8,519,295 5,293,708 4,148,720 9,442,427 RANCHO CUCAMONGA 4,570,740 3,627,401 8,198,141 5,094,361 3,992,052 9,086,413 REDLANDS 1,863,334 1,473,777 3,337,111 2,076,076 1,621,931 3,698,007 RIALTO 2,683,026 2,124,419 4,807,445 2,989,689 2,337,980 5,327,669 SAN BERNARDINO 5,641,496 4,479,927 10,121,423 6,288,180 4,930,280 11,218,460 TWENTYNINE PALMS 790,376 620,691 1,411,067 879,973 683,088 1,563,061 UPLAND 2,054,774 1,626,200 3,680,975 2,289,519 1,789,677 4,079,196 VICTORVILLE 3,323,060 2,634,008 5,957,069 3,703,283 2,898,797 6,602,080 YUCAIPA 1,459,589 1,152,319 2,611,908 1,625,928 1,268,158 2,894,086 YUCCA VALLEY 590,703 462,510 1,053,213 657,467 509,005 1,166,472 County of San Bernardino 47,856,623 35,868,551 83,725,174 53,227,250 39,474,305 92,701,555 Total Cities & County: San Bernardino 97,213,862 74,642,286 171,856,148 97,213,862 74,642,286 171,856,148 January 2022 CaliforniaCityFinance.com Page 14 of 21
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Attachment: Exhibit B - Projected FY 22-23 SB-1 Funding for Colton (3601 : SB-1 Funding - List of
ITEM NO. 11
STAFF REPORT
DATE: MAY 3, 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 TRACT MAP 20340 FOR RECORDATION.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Accept and approve Final Tract Map 20340 for recordation and easements dedication for public utility purposes.
2. Accept the Agreement for Construction of Improvements (Subdivi sion Improvement Agreement), Bonds and Security Deposits, and the Staking Subdivision – Cash Deposit Guaranteeing Performance.
3. Authorize the Public Works and Utilities Services Director to execute the Agreement for Construction of Improvements (Subdivision Improvement Agreement) for Tract Map No. 20340.
BACKGROUND
In October 27, 2021, the Planning Commission approved Tentative Tract Map 20340. Final Tract Map 20340 is located on the south side of Santo Antonio Drive, west of Mt. Vernon Avenue.
Being a subdivision of Parcels 2 and 3 of Parcel Map No. 2690 in the City of Colton, County of San Bernardino, State of California per map recorded in Book 23, Pages 68 and 69 of Parcel maps in said county. Final Tract Map 20340 encompasses approximately 2.74 acre s. The development consists of 49 residential condominium dwelling units.
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Staff Report to the Mayor and City Council
Tract Map 20340
May 3, 2022
ISSUES/ANALYSIS
The developer, Oak Properties, A California General Partnership, has submitted the required bonds, security deposits for monumentation and the Subdivision Agreemen ts, attached hereto as Exhibits B, C, and D. Final Tract Map 20340 has been reviewed for conformance with the Subdivision Map Act and local Ordinances. The maps also convey to the City of Colton easements for utility purposes, which are subject to acceptance by the City Council.
FISCAL IMPACTS
Existing public right-of-way infrastructure, which will be improved by this development, will be maintained by the City and the budget for the maintenance of these improvements will be part of the annual maintenance budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Unrecorded Map
2. Exhibit B - Agreement for Construction Improvements
3. Exhibit C - Bonds
4. Exhibit D - Cash Deposit Guaranteeing Performance
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Attachment: Exhibit D - Cash Deposit Guaranteeing Performance (3594 : Tract Map 20340)
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Attachment: Exhibit D - Cash Deposit Guaranteeing Performance (3594 : Tract Map 20340)
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Attachment: Exhibit D - Cash Deposit Guaranteeing Performance (3594 : Tract Map 20340)
ITEM NO. 12
STAFF REPORT
DATE: MAY 3, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: WAIVE FULL READING, AND APPROVE SECOND READING OF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON ADOPTING A MILITARY EQUIPMENT USE POLICY, IN
ACCORDANCE WITH ASSEMBLY BILL 481, ORDINANCE NO. O-
05-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is r ecommended that the City Counci l waive full reading, and approve the second reading of AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF COLTON, CALIFORNIA,
ADOPTING A MILITARY EQUIPMENT USE POLICY, IN
ACCORDANCE WITH ASSEMBLY BILL 481.
ATTACHMENT
1. O-05-22
2. Policy 707 Colton Military Equipment Use Policy
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ORDINANCE NO. O-05-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, ADOPTING A MILITARY
EQUIPMENT USE POLICY, IN ACCORDANCE WITH
ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and WHEREAS, AB 481 requires adoption of a military equipment use policy (“Policy”) by the City Council before the Colton Police Department (“Department”) may take action to request military equipment; seek funds (such as grants or in -kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a p roposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open
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session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and WHEREAS, this Ordinance will be reviewed by City Council at least annually, and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby finds that all of the foregoing recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same object ive of officer and civilian safety.
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compar ed to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompany ing military equipment use policy, corrective action has been taken to remedy
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nonconforming uses and ensure future compliance.
SECTION 3. Adoption of the Military Equipment Policy. The City Council hereby adopts the Military Use Equipment Policy, which a re all attached hereto as Exhibit “A”.
SECTION 4. Environmental Review. The City Council finds that adoption and implementation of this ordinance is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defin ed by CEQA guidelines (Guidelines) sections 15061(b)(3), and 15378(b)(5). The City Council also alternatively finds that the adoption and implementation of this ordinance is exempt from the provisions of CEQA as an administrative activity by the City of Colton, that will not result in any direct or indirect physical change in the environment, per sections 15061(b)(3), and 15378(b)(5) of the CEQA Guidelines.
SECTION 5 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or ph rase of this ordinance, or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this ordinance or any part thereof. The City Council hereby declares that it would have pass ed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional.
SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in the Press Enterprise, a newspaper published and circulated in the City of
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Colton, and thereupon and thereafter this ordinance shall take effect and be in force according to law.
PASSED, APPROVED AND ADOPTED this 19th day of April, 2022.
______________________________
Frank J. Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF COLTON)
I, Carolina Padilla, City Clerk of the City of Colton, California, do hereby certify that the foregoing Ordinance was regularly introduced and duly passed and adopted at a regular meeting of the City Council of the City of Colton, California, duly held the ________ day of _________, 2022, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Colton, California, this ____ day of _______, 2022.
Carolina Padilla, City Clerk
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Exhibit “A”
AB 481 Policy
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Attachment: O-05-22 (3606 : Second Reading of Ordinance No. O-05-22) Policy
707
City of Colton Police Department
Colton PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by City of Colton Police Department ***DRAFT*** Military Equipment Use Policy - 1 Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy")is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481") (California Government Code § 7070, et seq.)
707.1.1 DEFINITIONS
Definitions related to this Policy include ((those provided in Government Code section 7070, and as follows:
Governing body – The City of Colton City Council ("City Council") Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Codesection 30510 and Penal Code section 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council to require additional oversight.
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22) City of Colton Police Department
Colton PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by City of Colton Police Department ***DRAFT*** Military Equipment Use Policy - 2 707.2 POLICY
It is the Policy of the City of Colton Police Department that members of this department comply with the provisions of AB 481 with respect to the funding, acquisition and use of military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of City of Colton Police Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting; and.
2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website. (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying military equipment for the Department is attached to this Policy:
See attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY.pdf 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the department website at least thirty (30) days prior to any public hearing concerning the Policy. The Policy must be approved by the governing body prior to engaging in any of the following:
(a) Requesting military equipment made available pursuant to 10 USC § 2576(a).
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22) City of Colton Police Department
Colton PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by City of Colton Police Department ***DRAFT*** Military Equipment Use Policy - 3 (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for the use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Colton, or otherwise engaged in law enforcement operations in this City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 707.7 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22) Colton PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by City of Colton Police Department ***DRAFT*** Attachments - 4 Attachments
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22) Attachment
Colton PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.
Published with permission by City of Colton Police Department ***DRAFT*** COLTON POLICE MILITARY EQUIPMENT
INVENTORY.pdf - 5
COLTON POLICE MILITARY
EQUIPMENT INVENTORY.pdf
COLTON POLICE MILITARY EQUIPMENT INVENTORY.pdf
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)
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Attachment: Policy 707 Colton Military Equipment Use Policy (3606 : Second Reading of Ordinance No. O-05-22)