Commercial) zone, and an application for Architectural and Site Plan Review for removal of 2 service bays to an existing building, lot line adj ustment, landscape improvements, and site improvements (DAP-001-746) on a 4.85 acre parcel within M -1 (Light Industrial) zone (A PNs:
0276-131-90 and 0276-131-92).
As the “lead agency” for carrying out and approving the proposed project, the City of Colto n is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the City is the public agency having jurisdiction by law over the project, the environmental document becomes the City’s document to comply wit h CEQA. Staff, the environmental consultant, and the applicant have agreed to the scope of this proposal.
ISSUES/ANALYSIS
Staff is recommending that one of the City’s pre -qualified environmental consultants, Kimley - Horn, be selected to continue preparati on of the Initial Study. All technical analyses associated with the Initial Study will be prepared directly by the consultant and subconsultants (Traffic/VMT). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.
Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure funding of all consultant services, including legal services associated with the project.
The total cost for the en vironmental services to prepare the Initial Study is $126,750.00, plus a 15% administrative fee of $19,012.50. Along with this request, it is necessary to amend the FY 2021-22 budget to account for the revenue and expenditures for this contract. Pursuant to the attached reimbursement agreement, the applicant is required to submit the funding required prior to initiation of the contract for services.
FISCAL IMPACTS
Approval of Resolutio n No. R -68-22 is necessary to amend the FY 2021 -22 budget to accoun t for the revenue and expenditures for this contract to:
Increase appropriations in General Fund Planning Division Professional Services Account Number 100-6300-6301-2357-0000-000 by $145,762.50; and, Increase revenues in General Fund Developer Reimbu rsement Account Number 100 - 6799-000 by $145,762.50.
The cost of the contracted services will be paid by the applicant through a deposit agreement.
City staff ensure that funds are on deposit with the City prior to entering into the contract amendment for professional services.
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Staff Report to the Mayor and City Council
Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture June 7, 2022
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1 - Resolution-R-68-22
2. Attachment 2 - PSA_DAP-001-745 and 746
3. Attachment 3 - REIMBURSEMENT AGREEMENT_DAP-001-745 and 746 18 Packet Pg. 667
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28 RESOLUTION NO. R-68-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING THE FY2021-22 BUDGET TO FUND THE ENVIRONMENTAL SERVICES FOR THE 755 AND 855 ASHLEY WAY – ASHLEY FURNITURE STORE PROJECT COST-
RECOVERY PLANNING APPLICATIONS
WHEREAS, Kimley-Horn, on behalf of Ashley Real Estate, LLC , has submitted applications for DAP-001-745 (Architectural and Site Plan Review for a 40,000 sf addition to an existing furniture store, lot line adjustment, landscape improvements, and site improvements on a 3.71 acre parcel within C-2 (General Commercial) zone) and DAP-001-746 (Architectural and Site Plan Review for removal of 2 service bays to an existing building, lot line adjustment, landscape improvements, and site improvements on a 4.85 acre parcel within M -1 (Light Industrial) zone ) (ANP’s: 0276 -131-90 and 0276-131-92); and
WHEREAS, the applicants have agreed to fund a contract with Kimley-Horn for environmental services, and an additional 15% administrative fee for associated leg al charges , for $145,762.50 pursuant to a Reimbursement Agreement between the applicants and the City; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Colton does hereby find, determine and declare as follows:
SECTION 1. The Fiscal Year 2021-22 adopted budget is hereby amended to:
Increase appropriations in General Fund Planning Division Professional Services Account Number 100-6300-6301-2357-0000-000 by $145,762.50; and, Increase revenues in General Fund Developer Reimbursement Ac count Number 100 -6799-000 by $145,762.50.
PASSED, APPROVED, AND ADOPTED this 7th day of June, 2022.
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28 ____________________________________
FRANK NAVARRO
Mayor
ATTEST:
______________________________
CAROLINA R. PADILLA
City Clerk
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Attachment: Attachment 1 - Resolution-R-68-22 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of June, 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, with its principal place of business at 3880 Lemon 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 development of a Ashley Furniture facility located at 755 and 855 Ashley Way ("Project") as set forth in this Agreement Terms.
2.3 Scope of Services and Term.
2.3.1 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.
2.3.2 Term. The term of this Agreement shall be from June 7, 2022 to June 7, 2023, unless earlier terminated as provided herein. The City shall have the unilateral 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.
2.4 Responsibilities of Consultant.
2.4.1 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
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) the 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 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
2.4.2 Schedule of Services. Consultant shall perform the Services 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 submittal s in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
2.4.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
2.4.4 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 acceptable 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 at the request of the City. The key personnel for performance of this Agreement are as follows: Nicole Vermilion, Principal.
2.4.5 City's Representative. The City hereby designates David Alvarez, Senior Planner, 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.
2.4.6 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 authority 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.
2.4.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) times.
2.4.8 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 t o perform the Services.
Consultant warrants that all employees 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 provisi ons of this Agreement, Consultant shall perform, at its own cost 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 emp loyee 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.
2.4.9 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 milestones 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 Time 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.
2.4.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself 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 arising 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 out of any failure or alleged failure to comply with such laws, rules or regulations.
2.4.10.1 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 retention 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
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) 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.
2.4.10.2 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 c omply with all requirements and restrictions provided for in Section 3.2.10.1.
2.4.10.3 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.
2.4.10.4 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 because 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 adverti sing, 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.
2.4.10.5 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", wh ich 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 violations 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.
2.4.10.6 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 regu lations, and shall exercise all necessary precautions for 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.
2.4.11 Insurance.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) 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.
3.2.11.2 Minimum Requirements. Consultant shall, at its expens e, 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 insurance 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 o f 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 contractua l liability.
Defense costs shall be paid in addition to the limits.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
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 directors, 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, p arts or equipment furnished in connection 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 noncontribut ory basis for the benefit 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 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 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 c hain of coverage excess 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 t o be named as additional 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 volunteers 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 . A ll 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
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) directors, officials, officers, empl oyees, 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 other s 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 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 vo lunteers; 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 City 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 authorize d 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.
2.4.12 Water Quality Management and Compliance.
2.4.12.1 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.
2.4.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in c ompliance 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 stor m 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
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
2.4.12.3 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 an d 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.
2.4.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd 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 indemnify 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 fa ilure 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.
2.5 Fees and Payments.
2.5.1 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 twenty- six thousand, seven hundred fifty dollars ($126,750.00) without written approval of the City Council or City Manager as applicable. City Manager may authorize up to 5% increase in compensation for extra work.
Extra Work, if authorized, will be compensated at the rates and manner set forth in this Agreement.
2.5.2 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 approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within th irty (30) days of receipt of an invoice of any disputed fees set forth therein.
2.5.3 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.
2.5.4 Extra Work. At any time during the term of this Agreement, City may request that
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) 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 d id not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
2.5.5 Rate Increases. In the event that this Agreement is renewe d 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.”
2.6 Labor Code Requirements.
2.6.1 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 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 requirement s of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold th e 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.
2.6.2 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 requi rements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant 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.
2.6.3 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.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
2.7 Accounting Records.
2.7.1 Maintenance and Inspection . Consultant 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 Ag reement. 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.
2.8 General Provisions.
2.8.1 Termination of Agreement.
2.8.1.1 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 by 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 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.
2.8.1.2 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 prepa red 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.
2.8.1.3 Additional Services. In the event this Agreement i s 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.
2.8.2 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-Horm
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, f irst 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.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
2.8.3 Ownership of Materials and Confidentiality.
2.8.3.1 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, suspension, 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 provisions 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 th e Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
2.8.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing tha t 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 makes 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.
2.8.3.3 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.
2.8.3.4 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.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
2.8.3.5 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.
2.8.3.6 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 cour t 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 ob jection 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 indemnify, defend (with City's ch oice 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.
2.8.4 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.
2.8.5 Indemnification.
2.8.5.1 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 a nd 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.
2.8.5.2 If Consultant’s obligation to defend, indemnify, and/or h old 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 i ndemnification 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 for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
2.8.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter he reof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
2.8.7 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 procedures set forth in Gove rnment 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 after all procedures perta ining 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 specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
2.8.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.
2.8.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
2.8.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
2.8.11 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.
2.8.12 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 subconsultants 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.
2.8.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
2.8.14 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 perfo rmed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
2.8.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
2.8.16 Invalidity; Severability . If any portion of this Agreement is declared invalid,
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
2.8.17 Prohibited Interests. Consultant maintains and warrants tha t it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultan t, 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 direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
2.8.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. 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.
2.8.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
2.9 Subcontracting.
2.9.1 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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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND KIMLEY-HORN.
CITY OF COLTON KIMLEY-HORN
By: ____________________________ By: _________________________ Wiliam R. Smith Kari Cano
City Manager Project Manager
Attest:
____ By: _________________________
City Clerk Carolina R. Padilla
City Clerk
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) EXHIBIT "A"
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The project proposes an additional 40,000 square feet of retail space including a lot line adjustment and landscape improvements to the first existing building (store) corner located at 855 Ashley Way in the City of Colton. Addition ally, the project proposes a lot line adjustment, landscape improvements, and site improvements to the second existing building (warehouse) including the removal of two inactive service bays at 755 Ashley Way. The project site encompasses a total of 8.56 acres.
Based on the information set forth in the RFP dated April 21, 2022, the following scope of work reflects the preparation of an IS/MND to satisfy CEQA. Should the technical studies determine that an Environmental Impact Report (EIR) be necessary, a s eparate scope of work will be prepared at that time
SCOPE OF WORK
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 conduct a site visit to review existing conditions on the property and surrounding environment.
TASK 2: PREPARE PROJECT DESCRIPTION
The Kimley-Horn environmental team wi ll use information obtained in Task 1 and work closely with City staff to prepare a draft project description for the IS/MND. 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 IS/MND and related technical studies.
TASK 3: COMPLETE CEQA TECHNICAL STUDIES
Kimley-Horn will prepare the following technical studies to support the I S/MND for the Project.
Kimley-Horn will also utilize, to the extent practical, available reference documents and prior CEQA documents, including the City’s General Plan Environmental Impact Report (EIR). For each technical report, this proposal allows for one round of staff review, assuming that for all submittal reviews staff comments are consolidated into one comment set, and subsequent comments focus on the adequacy of addressing prior comments and do not raise new issues.
Air Quality Analysis – The air quality analysis will be prepared in accordance with the criteria, 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 assessment of air quality emissions will be conducted in accordance with the South Coast Air Quality Management District’s (SCAQMD’s) recommended methodologies set forth in the CEQA Air Quality Handbook.
The following outlines our approach:
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture)
Construction emissions (equipment exhaust and fugitive dust) will be quantitatively evaluated using the California Emissions Estimator Model (CalEEMod). The air pollutant emissions during construction will be compared to the SCAQMD regional thresholds of significance.
Operational emissions (i.e., area, mobile, and energy source) will be quantified with CalEEMod. Total emissions will be compared to the SCAQMD thresholds of significance. 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. This scope excludes a health risk assessment.
Project consistency with the SCAQMD’s latest Air Quality Management Plan (AQMP) will be addressed.
Greenhouse Gas Emissions Analysis – The greenhouse gas emissions analysis will evaluate the project’s potential contribution to cumulative impacts environmental effects of climate change and whether the project would affect the State’s ability to achieve established greenhouse gas (GHG) reduction goals. Kimley -Horn will quantify project -related GHG emissions (i.e., nitrous oxide, methane, and carbon dioxide) from construction and operations. Total GHG emissions from construction activities will be amortized into the GHG emissions inventory. CalEEMod will be used to quantify GHG emissions. Project -related GHG emissions will be assessed against applicable project-level thresholds. Consistency with applicable GHG re duction plans including applicable City policies, and other applicable regional/statewide GHG emissions reduction strategies will also be evaluated.
Noise and Vibration Analysis – The noise and vibration analysis will quantify both construction and operational noise levels. The analysis will examine whether the project would generate a substantial increase in ambient noise levels in the vicinity of the project in excess of applicable standards. The following outlines our approach:
Kimley-Horn will review applicable noise and land use compatibility criteria for the project area. Noise standards regulating noise impacts will be discussed for land uses adjacent to project. This scope excludes noise measurements.
Construction noise impacts will be evaluated in terms of maximum levels (Lmax) and hourly equivalent continuous noise levels (Leq) and the frequency of occurrence. Vibration impacts will be evaluated based on the Federal Transit Administration’s vibration analysis guidance.
Onsite noise generating activities will be addressed and analyzed for potential impacts to the adjacent uses and will be assessed against the City’s Land Use Noise and Compatibility Matrix and Interior/Exterior Noise Guidelines. If traffic volume data is available, the project’s contribution to mobile source noise will be assessed using the U.S.
FHWA Traffic Noise Prediction Model (FHWA-RD-77-108).
Energy Analysis – The energy analysis will analyze the analyze the energy implications of the project pursuant to Public Resources Code S ection 21100(b)(3) and Appendix F of the CEQA Guidelines. The analysis will describe, where relevant, the wasteful, inefficient, and unnecessary consumption of energy caused by a project. The analysis will analyze energy consumption associated with short -term construction activities, long -term operations, buildings, and transportation-related energy during construction and operation.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) Traffic Impact Analysis – Kimley-Horn will prepare a Traffic Impact Analysis in accordance with the traffic impact study requirements of the City of Colton and the San Bernardino Association of Governments (SANBAG) Congestion Management Program (CMP). Kimley-Horn will:
Conduct a site visit to observe and document existing traffic conditions in the project vicinity, including s ite 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 four (4) study intersections.
Collect 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. Develop trip distribution assumptions for the project traffic, based on likely origins and destinations of employees a nd patrons, 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:
· Existing Conditions
· Opening Year (Existing + Ambient Growth + Cumulative Projects) · Opening Year Plus Project
Obtain Cumulative Projects information from the City of Colton and surrounding cities. Identify project impacts, and any recommended improvements, if necessary. If, as a result of the Trip Generation Analysis, a Traffic Impact Study is not required, no further efforts will be undertaken. If the City requires any subsequent traffic information or analysis, additional traffic tasks will be scoped and performed under a separate authorization.
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 threshold s 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 and Responses to Comments – Kimley-Horn will prepare a stand-alone traffic impact study to document the methods and results of the analyses per formed in Tasks 1 and 2.
Revise the traffic impact study to respond to review comments, to the extent that the revisions are within the approved scope of services and that no new data co llection or additional analysis is required. The traffic study will address the impacts of a single development scenario. Analysis of project alternatives, phased development, additional analysis sc enarios, or revised analysis to address revisions to the site plan will require additional fee.
TASK 4: PREPARE ADMINISTRATIVE DRAFT IS/MND
Once the project description has been approved by the City, it will be integrated into the CEQA Initial Study. A draft Mitigated Negative Declaration, if appropriate, will be prepared in accordance with CEQA and with the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) Environmental resources anticipated to be addressed i n the preliminary draft Initial Study/Mitigated Negative Declaration (IS/MND) include:
Aesthetics
Agriculture and Forestry Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Kimley-Horn will prepare a Preliminary Draft IS/MND for City review and comment. Kimley Horn will incorporate City comments and prepare a final “check copy” of the Draft IS/MND for City approval for publication.
TASK 5: DISTRIBUTE DRAFT IS/MND
Upon approval by the City, Kimley-Horn will assist the City with preparing the Notice of Intent to Adopt a Mitigated Negative Declaration to be filed by the Cit y to the County Clerk and State Clearinghouse in accordance with CEQA. Kimley-Horn will also prepare the Notice of Completion as required for this filing.
Kimley-Horn assumes the City will be responsible for all no ticing associated with the MND, including State Clearinghouse, radius, and agency mailings/posting s. Additionally, Kimley-Horn assumes the City would initiate tribal consultation pursuant to AB 52 and contact tribes that may be interested in the project.
Kimley-Horn will provide a PDF version of the IS /MND to the C ity for posting on its website.
Kimley-Horn will also provide up to 5 hard/electronic copies of the MND to the City for distribution.
TASK 6: PREPARE FINAL IS/MND
On behalf of the City, the Kimley -Horn environmental team will prepare respons es to written comments received during the public review period of the Draft IS/MND. Draft responses will be submitted to the City for review and approval. Responses will be incorporated into the Final IS/MND, which will be compiled to reflect any changes to the document that may have resulted
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) from comments. The Final IS/MND will be submitted to the City for review and consideration by the Planning Commission for adoption of the Mitigated Negative Declaration and project approval.
Kimley-Horn assumes that t he Final IS/MND will consist of the Draft IS/MND along with a Comments and Responses supplement. Given the difficulty in predicting the nature and extent of Draft IS/MND public comments, this task assumes a maximum of 20 hours for responding to public comments on the IS/MND.
Kimley-Horn will prepare a Mitigation Monitoring and Reporting Plan (MMRP) to be adopted by the City should the Project be approved. If the Planning Commission adopts the Mitigated Negative Declaration and approves the project, Kimley -Horn will prepare a Notice of Determination and submit it to the City for submittal to the County Clerk.
TASK 7: PUBLIC MEETING
If desired by the City, Kimley -Horn will attend up to three (3) meetings/hearings for the project.
Kimley-Horn will be prepared to answer questions relative to the environmental aspects of the project.
TASK 8: PROJECT MANAGEMENT
The Kimley-Horn team will be led by Mr. Kevin Thomas, CEP, ENV SP. Kevin has 30 years of experience in CEQA/NEPA compliance. Kevin will personal ly review the CEQA documentation and related analyses for compliance with CEQA. Additionally, Kari Cano will act as Project Manager to Kevin Thomas. Kari has 16 years of CEQA/NEPA experience working with various cities in the Inland Empire. Kari will provi de weekly updates to the applicant and will submit a monthly status report with project invoicing.
OPTIONAL TASK 1: QUANTITIVE VMT ANALYSIS (Modeling Required)
Kimley-Horn will code land use into the project’s representative Tra ffic Analysis Zones (TAZs) within the San Bernardino Traffic Analysis Model (SBTAM). The resultant SBTAM output and interim model files will be used to determine the VMT. Note that t his will require deconstructing the model output sufficiently so that both the trip purposes and trip lengths for each contributing part of the project’s VMT from other sources can be completed. The process undertaken will be consistent with OPR guidance as described in the most recent release of its guidance.
Kimley-Horn will compare the project VMT to the VMT threshold s adopted by the City of Colton determine if the project’s VMT impacts are potentially significant.
Kimley-Horn will identify applicable mitigation measures for reducing VMT impacts determined to be potentially significant.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "B"
SCHEDULE OF SERVICES
MITIGATED NEGATIVE DECLARATION SCHEDULE
The schedule we propose will provide for completion of the technical studies and a Draft Initial Study/MND within 29 weeks of receiving a Contract and all Applicant-provided plans and reports.
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Attachment: Attachment 2 - PSA_DAP-001-745 and 746 (3652 : Contract Award & Reimbursement Agreement - Kimley-Horn / Ashley Furniture) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
Kimley-Horn total estimated costs for the work described herein is One Hundred Twenty -Six Thousand Seven Hundred Fifty Dollars ($126,750.00). The estimated cost is detailed by task on the spreadsheet below.
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CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
ADDITION TO AN EXISTING SITE FOR ASHLEY FURNITURE WITH AN ADDITION OF 40,000 SQUAR FEET TO AN EXISTING RETAIL COMMERCIAL BUILDING AND SITE IMPROVEMENTS LOCATED AT 755 AND 855 ASHLEY WAY
1. PARTIES AND DATE.
This Reimbursement Agreement ("Agreement") is made this _____day of June, 2022, by and between the City of Colton, a California municipal corporation ("City"), and Ashley Furniture, with its principal place of business at 755 and 855 Ashley Way, Colton , California 92324 (“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, Ashley Real Estate, LLC, 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 dev elopment 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 t he needed expertise and information 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 oth er 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 subconsultants) 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 requir e 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 one hundred twenty-six thousand and seven hundred fifty dollars ($126,750), plus an additional administrative fee of 15% nineteen thousand and twelve dollars with fifty cents ($19,012.50) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $126,750 and separate check in the amount of $19,012.50 to cover the initial Estimated Costs, which amount the City shall separately account
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for 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 ($5,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), 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 ap plications 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. The 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 the 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 Appli cant'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 will 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 to refund that excess amount, if any, to Applicant within fifteen (15) day s 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 shal l 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 either: (1) fails to satisfy any obligation of this Agreeme nt; 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, Applicant's obligations shall include, but sha ll 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 . Within two (2) working days following eith er 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 s hall 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 consent 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 offic ials, 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 p arty 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 shall 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 o f 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 c onsent 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 t he 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: Todd R. Warek, President
Ashley Real Estate, LLC
One Ashley Way
Arcadia, WI 54612
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 delivery , 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
ADDITION TO AN EXISTING SITE FOR ASHLEY FURNITURE WITH AN ADDITION OF 40,000 SQUAR FEET TO AN EXISTING RETAIL COMMERCIAL BUILDING AND SITE IMPROVEMENTS LOCATED AT 755 AND 855 ASHLEY WAY
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
ADDITION TO AN EXISTING SITE FOR ASHLEY FURNITURE WITH AN ADDITION OF 40,000 SQUAR FEET TO AN EXISTING RETAIL COMMERCIAL BUILDING AND SITE IMPROVEMENTS LOCATED AT 755 AND 855 ASHLEY WAY
TODD R. WAREK
By: _________________________
Signature
_________________________
Name: Todd R. Warek
_________________________
Title: President
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
0276-131-90
PTN PARS 2 AND 3 PARCEL MAP 15571 COM SW COR SD PAR 3 TH ALG WLY LI SD PAR 3 N 00 DEG 00 MIN 00 SECONDS E 40.79 FT TO TRUE POB TH CONT ALG SD WLY LI SD PAR 3 N 00 DEG 00 MIN 00 SECONDS E 334.21 FT TO SW COR SD PAR 2 TH ALG WLY LI SD PAR 2 N
0276-131-92
PTN PARS 2 AND 3 PARCEL MAP 15571 COM SW COR SD PAR 3 TH ALG WLY LI SD PAR 3 N 00 DEG 00 MIN 00 SECONDS E 40.79 FT TO TRUE POB TH CONT ALG SD WLY LI SD PAR 3 N 00 DEG 00 MIN 00 SECONDS E 334.21 FT TO SW COR SD PAR 2 TH ALG WLY LI SD PAR 2 N
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EXHIBIT "B"
PROJECT DESCRIPTION
DAP-001-745- Architectural and Site Plan Review for a 40,000 sf addition to an existing furniture store, lot line adjustment, landscape improvem ents, and site improvements on a 3.71 acre parcel within C -2 (General Commercial) zone and DAP -001-746- Architectural and Site Plan Review for removal of 2 service bays to an existing building, lot line adjustment, landscape improvements, and site improvements on a 4.85 acre parcel within M-1 (Light Industrial) zone (ANP’s: 0276-131-90 and 0276-131-92).
The environmental review includes the preparation of a n Initial Study/Mitigated Negative Declaration that will provide for future development of the proposed project.
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EXHIBIT "C"
PERMITS AND OTHER APPROVALS
- Architectural and Site Plan Review
- Lot Merger or Tentative Parcel Map (if street dedication is required) - Initial Study
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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-HORM
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $126,750, 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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ITEM NO. 19
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION AMENDING FISCAL YEAR 2021-2022 BUDGET TO RECEIVE FUNDING FROM
CALIFORNIA STATE LIBRARY FOR LITERACY PROGRAMS,
RESOLUTION NO. R-45-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Adopt Resolution No. R -45-22 authorizing the execution of an agreemen t for grant funding through the California State Library
2. Amend the Fiscal Year 2021-2022 budget to reflect the receipt of $60,412 in State funds for Literacy programs, $42,061 more than budgeted
3. Authorize the City Manager to execute all contracts necessary to proceed.
BACKGROUND
Each year, the Colton Public Library receives funding from the State of California for literacy services provided to the community , based on community size and services . T he amount of funding fluctuates each yea r depending on t he State budget. Staff was notified that the Colton Public Library will receive $60,421 in funding to support adult, youth and family literacy services, which must be fully expended by December 31, 2022.
ISSUES/ANALYSIS
Adult and Family Literacy Servi ces are vital to the Colton Co mmunity and the Colton Public Library relies on State Funding to support family literacy services such as Family Literacy Story 19 Packet Pg. 704
Staff Report to the Mayor and City Council
Grant - State Literacy Funds
June 7, 2022
Time, Homework Center support, adult literacy computer assistance , other Adult and Youth literacy programs and public access. Each year, a base line amount is budgeted in anticipation of the State award, and this year the funding is $4 2,061 more than budgeted, requiring a budget adjustment.
Additionally, in order to receive this grant funding, it is necessary to execute agreements with the California State Library for the Family Lite racy Services programs. This resolution authorizes the City Manager to execute th ese agreements with the State, making the funding available to Colton.
FISCAL IMPACTS
The total grant funding equals $ 60,421 and is reimbursable to the City for allowable expenditures in accordance with the grant documentation and guidelines.
In order to account for this grant funding, the following changes shall be made to the budget for Fiscal Year 2021-22:
Revenue account 211-5772-000 shall be increased by $42,061 to $60,421
Expenditure accounts shall be increased by $42,061 in the amounts below:
211-6200-7101-1010 Part Time Salaries Misc. $961
211-6200-7101-1040 PT Salaries $6,300
211-6200-7104-2300 Office Supplies/Postage $3,500
211-6200-7104-2301 Supplies & Equipment $12,300
211-6200-7104-2302 Library Materials $19,000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. RESO CLLS 21-22
19 Packet Pg. 705
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
RESOLUTION NO. R-45-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COL TON
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
CALIFORNIA STATE LIBRARY AND AMEND THE FY 2021-2022 BUDGET TO ACCEPT $60,421 IN GRANT FUNDING FOR LITERACY PROGRAMS.
WHEREAS, Each year the Colton Public Library receives funding from the California State Library for Literacy Services provided to the community based on community size and services; and
WHEREAS, notification has been received that the Col ton Public Libra ry will receive $42,052 more than anticipated to support adult, youth and family literacy services, which must be fully expended by December 31, 2022.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: To amend the FY2021-22 budget to increase revenue in Library Grants Revenue Account Number 211-5772-000 to $60,421 and increase appropriations by $42,061 in the amounts below:
211-6200-7101-1010 Part Time Salaries Misc. $ 961
211-6200-7101-1040 PT Salaries $ 6,300
211-6200-7104-2300 Office Supplies/Postage $ 3,500
211-6200-7104-2301 Supplies & Equipment $12,300
211-6200-7104-2302 Library Materials $19,000.
Section 3: The City Manager is hereby authorized to sign the applicable documents on behalf of the City to execute this agreement.
PASSED, APPROVED AND ADOPTED this 7rd day of June, 2022.
________________________________________
FRANK J. NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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ITEM NO. 20
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: AUTHORIZE THE PURCHASE OF A 2023 CHEVY SILVERADO 2500HD FOR THE FIRE DEPARTMENT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Waive the formal bidding process in accorda nce with Colton Municipal Code Section
3.08.140(c) and authorize the City to piggyback through the Sourcewell cooperative purchasing program for the purchase of a new 2023 Chevy Silverado 2500HD Crew Cab for an amount not to exceed $57,507.
BACKGROUND
Fire has had funding to purchase a new ¾ ton crew cab pick -up truck to replace an aging 2008 Ford Expedition. Fire has not bee n able to locate a vendor due to ongoing supply chain issues.
Fire sought to utilize Dodge Ram vehicles to assur e a uniform fleet; however, Dodge advised that vehicles will not be available for more than one year. Fire found a Chevy vendor that is able to acquire a 2023 Silverado 2500HD that meets the Fire Department’s needs.
ISSUES/ANALYSIS
Section 3.08.140(N ) of the City’s Municipal Code allows for an exception to competitive bidding for non-public projects for “Purchases made through cooperative purchasing programs.”
The Sourcewell cooperative purchasing program uses the buying power of 50,000 government, education, and nonprofit organizations to competitively solicit cooperative contracts ready for use. Sourcewell is a local government unit, publi c corporation and public agency under the laws of the state of Minnesota.
20 Packet Pg. 707
Staff Report to the Mayor and City Council
Purchase - Fire Department Vehicle
June 7, 2022
Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts on behalf of itself and its participating agencies. Sourcewell follows the competitive c ontracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services.
Sourcewell cooperative purchasing contracts are made available through the joint exercise of powers law Minn. Stat. § 471.59 to participating agencies.
Sourcewell uses a rigorous request for proposal (RFP) process to meet the changing needs of members. The desired result is a national, competitively solicited procurement and contract process that is not only valued by members but meets or exceed s their requirements —offering exceptional products and services from nationally acclaimed vendors.
Fire recommends using the Sourcewell master vehicle contract #091521 -NAF for the vehicle purchase. Utilizing this contract will save the City of Colton th e cost of the formal bid process and allows us to take advantage of current pricing, and the volume discount afforded through this cooperative purchasing program.
The Fire Department maintains a fleet of seven staff vehicles. This requested vehicle wil l be used as a Shift Battalion Chief vehicle. Additionally, lights, siren, mobile data computer, lettering, and other equipment will be installed upon receipt.
FISCAL IMPACTS
Sufficient appropriations are available for the vehicle purchase in the FY2021-22 adopted budget in General Fund Fire Department Operations Vehicle Account Number 100 -6090-6091-4910- 0000-000.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. 2023 Chevy Bid
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
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Attachment: 2023 Chevy Bid (3636 : Purchase - Fire Department Vehicle)
ITEM NO. 21
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: ACCEPT SB1205 CALIFORNIA STATE FIRE MARSHAL
MANDATED INSPECTIONS REPORT AND APPROVE
RESOLUTION, RESOLUTION NO. R-61-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Accept the report as presented; and approve Resolution R-61-22 accepting the 2022 California State Fire Marshal mandated inspections report.
BACKGROUND
On December 2, 2016, at approximately 11:20 pm, in the Fruitvale neighborhood of Oakland, California, a fire broke out in a warehouse known as the Ghost Ship. The warehouse had been converted into an artist collective and included dwelling units. At the time of the fire, the warehouse was hosting a concert.
Residential and entertainment uses were not allowed under the warehouse’s permits at the time of the fire. A total of 36 people were killed in the fire, the deadliest in the his tory of Oakland. It was also the deadliest building fire in the United States since The Station Nightclub fire in 2003 and it was the deadliest mass-casualty event in Oakland since the Loma Prieta earthquake.
The California State Fire Marshal, through the California Health and Safety Code, mandates that certain occupancies are to be inspected annually. During the grand jury investigations of the Ghost Ship Fire, it was determined that while the state had mandated inspections on various occupancies; these inspections were not mandated to be reported to any governing body. Senate Bill 1205, authored by Senator Jerry Hill, was successful in requiring the mandated reporting of annual inspections to its administering authority on an annual basis. 21 Packet Pg. 723
Staff Report to the Mayor and City Council
Report - SB1205 California State Fire Marshal Mandated Inspections June 7, 2022
SB1205, Hill. Fire protection services: inspections: compliance reporting.
Existing law required the chief of any city or county fire department or district providing fire protection services and his or her authorized representatives to inspect every building used as a public or private school within his or her jurisdiction, for the purpose of enforcing specified building standards, not less than once each year, as provided. Existing law requires every city or county fire department or district providing fire protection services that is required to enforce specified building standards to annually inspect certain structures, including hotels, motels, lodging houses, and apartment houses, for compliance with building standard, as provided.
This bill would require every cit y or county fire department, or district required to perform the above-described inspections to report annually to its administering authority, as defined, on the department’s or district’s compliance with the above described inspection requirements, as provided. The bill would require the administering authority to acknowledge receipt of the report in a resolution or a similar formal document. To the extent this bill would expand the responsibility of a local agency, the bill would create a state-mandated local program.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1.
Section 13146.4 is added to the Health and Safety Code, to read:
13146.4
(a) Every city or county fire department, city and county fire department, or district required t o perform an annual inspection pursuant to Sections 13146.2 and 13146.3 shall report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3. (b) The report made pursuant to subdivision (a) shall occur when the administering authority discusses its annual budget, or at another time determined by the administering authority. (c) The administering authority shall acknowledge receipt of the report made pursuant to subdivision (a) in a resolution or similar formal document. (d) For purposes of this section, “administering authority” means a city council, county board of supervisors, or district board, as the case may be.
ISSUES/ANALYSIS
The California State Fire Marshal mandates inspections to be performed annually in all pu blic and private schools (Group E Occupancy), large family daycares, hotels, motels, lodging houses, and apartment houses, (Group R -1, R -2, R2.1, R -4 Occupancy), and high rises. Jails and care facilities (Group I Occupancy) shall be performed every two years.
Colton Fire Department Fire Prevention Division, along with Colton Fire Department engine companies, conducted 46 state mandated inspections for fiscal year 2021/2022. Colton Fire Department is 100% compliant on all state mandated fire inspections within the city.
FISCAL IMPACTS
21 Packet Pg. 724
Staff Report to the Mayor and City Council
Report - SB1205 California State Fire Marshal Mandated Inspections June 7, 2022
The State of California allows through the Health and Safety Code “Any fee charged pursuant to the enforcement authority of this section shall not exceed the estimated reasonable cost of providing the service for which the fe e is charged, pursuant to Section 66014 of the Government Code”. Fire inspection fees for schools (E Occupancies) are not permitted to be collected at this time per California Health and Safety Code Section 13143. Fire inspection fees for apartments, hotels, and motels were established and approved with a comprehensive fee study conducted in 2021 and subsequently approved by Council the same year. Full cost recovery for apartment, hotel, motel, care facilities, and hospital inspections was realized this year for the first time.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. RESO R-61-22 - SB 1205 REPORTING JUNE 2022
2. Mandated Inspection List Final 2022
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RESOLUTION NO. R-61-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON ACKNOWLEDGING RE CEIPT OF A REPORT MADE
BY THE FIRE CHIEF OF THE COLTON FIRE DEPARTMENT
REGARDING THE INSPECTION OF CERTAIN OCCUPANCIES
REQUIRED PURSUANT TO SECTIONS 13146.2 A ND 13146.3 OF
THE CALIFORNIA HEALTH AND SAFETY CODE.
WHEREAS: California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and
WHEREAS: California Health & Safety Code Sections 13146.2 and 13146.3 require s all fire departments, including the Colton Fire Department, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential ca re facilities for compliance with building standards, as provided and,
WHEREAS: California Health & Safety Code Section 13146.2 requires all fire departments, including the Colton Fire Department, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3 and, WHEREAS: The City Council of the City of Colton intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgement of t he Colton Fire Department’s compliance with California Health an d Safety Code Sections 13146.2 and 13146.3.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTO N DOES
HEREBY EXPRESSLY ACKNOWLEDGE THE MEASURE OF COMPLIANCE OF THE
COLTON FIRE DEPARTMENT WIT H CALIFORNIA HEALTH AND SAFETY CODE SECTIONS 13146.2 AND 13146.3 IN THE AREA ENCOMPASSED BY THE CITY OF COLTON FIRE DEPARTMENT, AS FOLLOWS:
SECTION 1. EDUCATIONAL GROUP E OCCUPANCIES:
Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12 th grade.
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Attachment: RESO R-61-22 - SB 1205 REPORTING JUNE 2022 (3644 : Report - SB1205 California State Fire Marshal Mandated Inspections) 1 2
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RVPUB\MXM\666167.1 - 2 -
Within the City of Colton there lie 12 Group E occupancies, building, structures, and/or facilities.
During fiscal year 20 21-2022, the Colton Fire Depa rtment completed the annual inspection of 12 Group E occupancies, buildings, structures, and/or facilities.
This is a compliance rate of 100% for this reporting period.
SECTION 2. RESIDENTIAL GROUP R OCCUPANCIES:
Residential Group R occupancies, for the p urpose of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These res idential care facilities have a number of different sub - classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc.
The residents may a lso be non-ambulatory or bedridden. Within the City of Colton, there lie 34 Group R (and their associated sub-categories) occupancies of this nature.
During fiscal year 20 21-2022, the Colton Fire Department compl eted the annual inspection of 34 Group R occupancies, building, structures, and/or facilities.
This is a compliance rate of 100% for this reporting period.
SECTION 3. The resolution is hereby approved, adopted and incorporated herein.
PASSED, APPROVED AND ADOPTED this 7th day of June 2022.
______
FRANK J. NAVARRO, Mayor
ATTEST:
_______
CAROLINA R. PADILLA, City Clerk
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Attachment: RESO R-61-22 - SB 1205 REPORTING JUNE 2022 (3644 : Report - SB1205 California State Fire Marshal Mandated Inspections) R-2 Inspections
Apartment Complex Name Address # of Units Date Completed Mt Vernon Manor Apts 539 E B Street 40 3/14/2022
Sunset Village Apts 904 E Fairway Drive 100 2/17/2022
Windcrest Apts 933 E Fairway Drive 124 2/14/2022
Four Seasons 535 Laurel Street & 1425 Rialto Avenue 55 1/31/2022 Northwest Apts 600 W E Street 20 2/15/2022
Vista Point Apts 2170 N Rancho Avenue 129 3/7/2022
Westcourt Apts 2069 W San Bernardino Avenue 515 3/16/2022 Canyon Villas Apts 2265 Cahuilla Street 46 2/10/2022
Reche Ridge Apts 2270 Cahuilla Street 110 2/21/2022
The Distict Apts 1315-1316 Meadow Lane 352 3/10/2022
1333 Canyon Apts 1333 Reche Canyon Road 104 2/22/2022
Casa Mediterrania Apts 1043 Santo Antonio Drive 200 3/9/2022 Nova Point Apts 800 E Washington Street 600 3/17/2022
Cottonwood Ranch Apts 901 E Washington Street 388 2/23/2022 Tides @ Grand Terrace Apts 1699 E Washington Street 366 3/10/2022 Terrace Oaks Apts 1905-1935 E Washington Street 136 3/2/2022 The Palms Apts 115 Hanna Street 8 2/17/2022
The Villas Apts 501 N 9th Street 120 2/9/2022
Centre Pointe Apts 1041 Santo Antonio Drive 361 2/8/2022 Capri Apts 580 W E Street 22 2/10/2022
Las Brisas Apts 2001 N Rancho Avenue 210 2/7/2022
R-1 Inspections
Hotel/Motel Name Address # of Units Date Completed
Holiday Inn Express 2830 S. Iowa Ave. 150 2/16/2022
Rodeway Inn 1311 RV Center Dr. 70 3/1/2022
Comfort Inn & Suites 450 Sperry Dr. 100 2/3/2022
Best Western Plus Arrowhead 250 N. 9th St. 82 2/15/2022 Colton Inn 1651 E. Washington Ave. 40 2/2/2022
Driftwood Inn Motel 1472 N. Mt Vernon Ave. 18 2/21/2022 Colony Inn 255 Sperry Dr. 40 2/24/2022
Colton Motel 380 Sperry Dr. 16 3/8/2022
Welcome Inn 2042 W. Valley Blvd. 41 3/24/2022
WoodSprings Suites 2050 W. Valley Blvd. 122 2/1/2022
School Inspections
School Name Address Date Completed
Lincoln Elementary 444 East Olive Ave. 3/22/2022
San Salvador Preschool 471 Agua Mansa Rd. 3/30/2022
Ulysses S Grant Elementary 550 West Olive Ave. 3/29/2022 McKinley Elementary 600 West Johnston Ave. 3/29/2022
Woodrow Wilson Elementary 780 South 8th St. 3/30/2022
Paul Rogers Elementary 955 West Laurel Ave. 3/24/2022
Cooley Ranch Elementary 1000 South Cooley Dr. 3/21/2022 Alice Birney Elementary 1050 East Olive Ave. 3/22/2022
Reche Canyon Elementary 3101 Canyon Vista Dr. 3/21/2022 Mandated Inspections 2022
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Attachment: Mandated Inspection List Final 2022 (3644 : Report - SB1205 California State Fire Marshal Mandated Inspections) Colton Middle School 670 West Laurel Ave. 3/24/2022
Colton High School 777 West Valley Blvd. 3/23/2022
Washington High School 900 East C St. 3/22/2022
Hospital Inspection
Name Address Date Completed
Arrowhead Regional Medical 400 North Pepper Ave. 5/12/2022 Jail Inspection
Name Address Date Completed
Colton City Jail 650 North La Cadena Dr. Due in 2023
Name Address Date Completed
Reche Canyon Convalescent 1350 Reche Canyon Rd. 4/14/2022 Meadows Ridge Care Center 1700 East Washington St 4/13/2022 Convalescent Hospitals
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Attachment: Mandated Inspection List Final 2022 (3644 : Report - SB1205 California State Fire Marshal Mandated Inspections)
ITEM NO. 22
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: SET PUBLIC HEARING DATE OF JUNE 21, 2022 TO APPROVE
AND ADOPT THE FOLLOWING RESOLUTIONS TO INITIATE
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR
LANDSCAPE LIGHTING AND MAINTENANCE DISTRICT I FOR
FISCAL YEAR 2022/2023, RESOLUTION NO. R-52-22, R-53-22, AND R-54-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and adopt the following resolutions to initiate proceedings for the annual levy of assessments for Landscape Lighting and Maintenance District I for Fiscal Year 2022/2023:
1. Resolution No. R-52-22, Initiating Proceedings;
2. Resolution No. R-53-22, Approving the Preliminary Engineer’s Report;
3. Resolution No. R -54-22, Intention to Set the Public Hearing date regarding this matter for June 21, 2022.
BACKGROUND
In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Dis tricts within the City of Colton. Each District provides the services of maintaining lighting, landscaping and all applicable facilities within its boundaries. 22 Packet Pg. 730
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD1 for FY22-23
June 7, 2022
Within the LLMD District 1, there are five zones (See Exhibit A for locations). A variabl e amount is levied in each zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In additi on to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed to the parcels within the zone in proportional benefit received by those parcels. Only parcels that directly benefit from the improvements are assessed.
On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.
For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LL MD service areas) to allow the District to catch up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2022/23 is approximately $65,000 for both electricity and water.
ISSUES/ANALYSIS
The Preliminary Engineer’s Report for FY 2022/2023 is available for review at the City Clerk’s Office. The Fiscal Year 2022/2023 budget does not reflect any levy changes to the five zones located within the District (Zones: 2, 3, 4, 5 and 8). Staff is recommending that the City Council authorize the City of Colton Electric and Water continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved. West Valley Water District (WVWD) provides water service in the western part of the City of Colton. The LLMD will continue to incur the cost of water provided by WVWD in LLMD 1, Zone 8.
The LLMD 1 assessment rate was e stablished in 1980s and has not been adjusted since. Only the Zone 3 Annexation area has an inflator of 3% per year. Since the LLMD 1 was formed without an inflator clause, the rates cannot be increased to meet the service costs without voter approval for each defined district/zone. The cost of operation and contract services continue to escalate especially after the 2015 California Statewide prevailing wage requirements. Although our revenue is barely able to cover the expenses, in consideration of f uture cost escalation, Council may consider reassessing the LLMD levy rates in order for the City of Colton to continue to provide the landscape maintenance services throughout the City.
22 Packet Pg. 731
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD1 for FY22-23
June 7, 2022
If authorized, the resolution attached to this report will be adver tised in the local newspaper to inform the community that a Public Hearing will be held on Tuesday, June 21, 2022, at 6:00 p.m., for the LLMD 1 Fiscal Year 2022/2023 Engineer’s Report.
FISCAL IMPACTS
The Preliminary Engineer’s Report is on file in th e Office of the City Clerk as prescribed by law and identifies the LLMD 1 operating budget for 2022/2023 to be $337,698. The LLMD 1 revenue for FY 2022/2023 is estimated at $332,269. Sufficient reserve balance is available to fund the shortfall.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - LLMD 1 Map
2. Exhibit B - Reso No. R-52-22, Initiating Proceedings
3. Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report
4. Exhibit D - Reso No. R-54-22, Intention to Set the Public Hearing Date 22 Packet Pg. 732
Exhibit A
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 1
MAP
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Attachment: Exhibit A - LLMD 1 Map (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit A - LLMD 1 Map (3633 : Set Public Hearing - LLMD1 for FY22-23)
Exhibit B
Resolution No. R-52-22
INITIATING PROCEEDINGS
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Attachment: Exhibit B - Reso No. R-52-22, Initiating Proceedings (3633 : Set Public Hearing - LLMD1 for FY22-23)
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RESOLUTION NO. R-52-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING
MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;
WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, formed the Colton Landscape and Lighting Maintenance District No. 1 (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), that provides for levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of landscaping, and all appurtenant facilities and operations related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
1. The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference is made part of this Resolution. The District consists of five (5) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance District No. 1.”
2. The improvements within the District include but are not limited to: turf, ground cover, shrubs, trees, irrigation systems, ornamental lighting, entry monuments, drainag e systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.
3. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS 07th DAY OF JUNE 2022.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
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Attachment: Exhibit B - Reso No. R-52-22, Initiating Proceedings (3633 : Set Public Hearing - LLMD1 for FY22-23)
Exhibit C
Resolution No. R-53-22
APPROVING THE PRELIMINARY ENGINEER’S REPORT
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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RESOLUTION NO. R-53-22
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;
WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, ordered the preparation of the Fiscal Year 202 2/2023: Engineer’s Annual Levy Report (“Engineer’s Report”) for the Colton Landscape and Lighting Maintenance District No. 1 (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), and;
WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 1, Article 4, Section 22566 of said Act, and;
WHEREAS, this C ity Council has examined and reviewed the Engineer’s Report as presented, and is preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
1. The above recitals are true and correct.
2. That the Engineer’s Report as presented, consists of the following:
A Description of Improvements (Plans & Specifications). The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each said District for Fiscal Year 2022/2023.
District Assessment Diagrams showing the exterior boundaries of the Assessme nt District and/or the Benefit Zones therein.
The Fiscal Year 2022/2023 Assessment Collection Roll with the proposed assessment apportioned to each lot or parcel.
3. The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
4. That the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS 07th DAY OF JUNE 2022.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
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Attachment: Exhibit C - Reso No. R-53-22, Approving the Preliminary Engineer's Report (3633 : Set Public Hearing - LLMD1 for FY22-23)
Exhibit D
R-54-22
INTENTION TO SET THE PUBLIC HEARING DATE
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Attachment: Exhibit D - Reso No. R-54-22, Intention to Set the Public Hearing Date (3633 : Set Public Hearing - LLMD1 for FY22-23)
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RESOLUTION NO. R-54-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,
DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2022/2023.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;
WHEREAS, the City Council has by previous Resolutions formed the Colton Landscape and Lighting Maintenance District No. 1 (“District”), and initiated proceedings for Fiscal Year 2022/2023, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with se ction 22500) (“Act”) that provides for the levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of all improvements and facilities related thereto, and;
WHEREAS, all assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID, and;
WHEREAS, the Engineer’s Report for Fiscal Year 2022/2023 has been filed with the City Clerk, presented to the City Council and approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:
1. The above recitals are true and correct.
2. Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2022/2023.
3. Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference made part of this Resolution. The District consists of five (5) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance District No. 1.”
4. Description of Improvements: The improvements within the District include but are not limited to: turf, ground cover, shrubs, trees, irrigation systems, ornamental lighting, entry monuments, drainage systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.
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Attachment: Exhibit D - Reso No. R-54-22, Intention to Set the Public Hearing Date (3633 : Set Public Hearing - LLMD1 for FY22-23)
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5. Proposed Assessment Amounts: The proposed district assessments are within the limits previously approved by the property owners . The assessments outlined in the Engineer’s Report have not been increased over the maximum rates approved by the property owners, and do not require additional property owner approval in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID.
6. Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act.
7. Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices.
8. Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 21, 2022 at 6:00 pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 650 North La Cadena Drive, Colton, CA.
9. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.
10. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS 07TH DAY OF JUNE 2022.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
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Attachment: Exhibit D - Reso No. R-54-22, Intention to Set the Public Hearing Date (3633 : Set Public Hearing - LLMD1 for FY22-23)
ITEM NO. 23
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: SET PUBLIC HEARING DATE OF JUNE 21, 2022 AND APPROVE
AND ADOPT THE FOLLOWING RESOLUTIONS TO INITIATE
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR
LANDSCAPE LIGHTING AND MAINTENANCE DISTRICT II FOR
FISCAL YEAR 2022/2023, RESOLUTION NO. R-56-22, R-57-22, & R- 58-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and adopt the following resolutions to initiate proceedings for the annual levy of assessments for Landscape Lighting and Maintenance District II for Fiscal Year 2022/2023:
1. Resolution No. R-56-22, Initiating Proceedings;
2. Resolution No. R-57-22, Approving the Preliminary Engineer’s Report;
3. Resolution No. R -58-22, Intention to Set the Public Hearing date regarding this matter for June 21, 2022.
BACKGROUND
In compliance with the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, the City Council formed a Landscape and Lighting Maintenance Assessment District (LLMD). Currently, there are two Landscape Lighting and Maintenance Distr icts within the City of Colton. Each District provides the services of maintaining lighting, landscaping, and all applicable facilities within its boundaries. 23 Packet Pg. 769
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD2 for FY22-23
June 7, 2022
The LLMD II was formed in 2002 with two zones (See Exhibit A for location map). A variable amount is levied in each zone based on the benefit each property type (residential, industrial or commercial) receives; a single family residence is used as the basic unit of assessment and is assessed an Equivalent Benefit Unit (EBU) of 1.00. In additio n to the EBU, the other determining factor in establishing each zone’s corresponding assessment is the acreage of each parcel. The costs associated with maintaining the improvements within each zone are distributed equitably to the parcels within the zone proportional to the benefit received by those parcels.
Only parcels that directly benefit from the improvements are assessed.
On June 18, 2013, the City Council determined that street lighting charges be excluded from both LLMD Districts and be considered as part of the City wide services as a matter of public safety.
For irrigation water service charges, Council approved a reduction of cost that is proportional to shared public areas (i.e. medians, parks and other publicly accessible areas that are in the LLMD service areas) to allow the District to catch up on lingering maintenance issues. The common area is approximately 38% of total LLMD areas. The cost of City owned utilities expense for Fiscal Year 2022/23 is approximately $12,000 for both electricity and water.
ISSUES/ANALYSIS
The Preliminary Engineer’s Report for FY 2022/2023 is available for review at the City Clerk’s Office. Staff is recommending that the City Council authorize the City of Colton to continue to provide electric and water services and these costs be excluded from the District expenses for the upcoming fiscal year in a same manner as previously approved.
The LLMD II was formed in 2002 with a 3% escalator, which is comparable to an average Consumer Price Index (CPI). The cost of contract services continue to escalate , especially after the 2015 California Statewide prevailing wage requirements. In consideration of future cost escalation, Council may consider reassessing the LLMD levy rates in order for the City of Colton to continue to provide the landscape maintenance services throughout the City.
If authorized, the resolution attached to this report will be advertised in the local newspaper to inform the community that a Public Hearing will be held on Tu esday, June 21, 2022, at 6:00 p.m., for the LLMD II Fiscal Year 2022/2023 Engineer’s Report.
FISCAL IMPACTS
The Preliminary Engineer’s Report is on file in the Office of the City Clerk, as prescribed by law and identifies the LLMD II operating budget for 2022/2023 is $171,678 . The LLMD II revenue 23 Packet Pg. 770
Staff Report to the Mayor and City Council
Set Public Hearing - LLMD2 for FY22-23
June 7, 2022
for FY 2022/2023 is estimated at $170,888. Sufficient reserve balance is available to fund the shortfall.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - LLMD 2 Map
2. Exhibit B - Reso No. R-56-22, Initiating Proceedings
3. Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report
4. Exhibit D - Reso No. R-58-22, Intent to Set the Public Hearing Date 23 Packet Pg. 771
Exhibit A
LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT 2 MAP
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Attachment: Exhibit A - LLMD 2 Map (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit A - LLMD 2 Map (3649 : Set Public Hearing - LLMD2 for FY22-23)
Exhibit B
Resolution No. R-56-22
INITIATING PROCEEDINGS
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Attachment: Exhibit B - Reso No. R-56-22, Initiating Proceedings (3649 : Set Public Hearing - LLMD2 for FY22-23)
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RESOLUTION NO. R-56-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA INITIATING PROCEEDINGS FOR THE ANNUAL LEVY OF
ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR
2022/2023.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;
WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, formed the Colton Landscape and Lighting Maintenance Assessment District No. 2 (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Sectio n 22500 (“Act”), that provides for levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of street lighting, landscaping, and all appurtenant facilities and operations related thereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DO HEREBY RESOLVE AS FOLLOWS:
1. The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference is made part of this Resolution. The District consists of two (2) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance Assessment District No. 2.”
2. The improvements within the District include but are not limited to: turf, ground cover, shrubs, trees, irrigation syst ems, weed abatement, drainage systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.
3. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS 07th DAY OF JUNE 2022.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Caroline R. Padilla
City Clerk
23.b
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Attachment: Exhibit B - Reso No. R-56-22, Initiating Proceedings (3649 : Set Public Hearing - LLMD2 for FY22-23)
Exhibit C
Resolution No. R-57-22
APPROVING THE PRELIMINARY ENGINEER’S REPORT
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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RESOLUTION NO. R-57-22
A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA FOR PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;
WHEREAS, the City Council of the City of Colton, California has, by previous Resolutions, ordered the prepara tion of the Fiscal Year 202 2/2023 Engineer’s Annual Levy Report (“Engineer’s Report”) for the Colton Landscape and Lighting Maintenance Assessment District No. 2 (“District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (“Act”), and;
WHEREAS, there has now been presented to this City Council the Engineer’s Report as required by Chapter 1, Article 4, Section 22566 of said Act, and;
WHEREAS, this City Council has examined and reviewed the Engineer’s Report as presented, and is preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein , and is satisfied that the assessments, have been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed within each Benefit Zone of the District, as set forth in said Engineer’s Report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
1. The above recitals are true and correct.
2. That the Engineer’s Report as presented, consists of the following:
A Description of Improvements (Plans & Specifications). The Annual Budget (Costs and Expenses of Services, Operations and Maintenance) A Description of the Method of Apportionment resulting in an Assessment Rate per Levy Unit for each said District for Fiscal Year 2022/2023.
District A ssessment Diagrams showing the exterior boundaries of the Assessment District and/or the Benefit Zones therein.
The Fiscal Year 2022/2023 Assessment Collection Roll with the proposed assessment apportioned to each lot or parcel.
3. The Engineer’s Report is hereby approved on a preliminary basis pending a public hearing, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
4. That the City Clerk shall certify to the passage and adoption of this Re solution and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report.
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5. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS 07th DAY OF JUNE 2022.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
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Attachment: Exhibit C - Reso No. R-57-22, Approving the Preliminary Engineer's Report (3649 : Set Public Hearing - LLMD2 for FY22-23)
Exhibit D
Resolution No. R-56-22
INTENTION TO SET THE PUBLIC HEARING DATE
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Attachment: Exhibit D - Reso No. R-58-22, Intent to Set the Public Hearing Date (3649 : Set Public Hearing - LLMD2 for FY22-23)
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RESOLUTION NO. R-58-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA,
DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR
THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 2 FOR FISCAL YEAR 2022/2023.
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, and;
WHEREAS, the City Council has by previous Resolutions formed the Colton Lands cape and Lighting Maintenance Assessment District No. 2 (“District”), and initiated proceedings for Fiscal Year 2022/2023 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Cod e (commencing with section 22500) (“Act”) that provides for the levy and collection of assessments by the County of San Bernardino for the City of Colton to pay the maintenance and services of all improvements and facilities related thereto, and;
WHEREAS, all assessments for the District were previously approved in accordance with the requirements of the California State Constitution, Article XIIID, and;
WHEREAS, the Engineer’s Report for Fiscal Year 2022/2023 has been filed with the City Clerk, presented to the City Council and approved by the City Council, as required by Chapter 3 Sections 22623 and 22624 of said act.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION 22624 OF THE ACT, AS FOLLOWS:
1. The above recitals are true and correct.
2. Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year 2022/2023.
3. Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Engineer’s Report and by reference made part of this Resolution. The District consists of two (2) Benefit Zones. The District is designated as “Colton Landscape and Lighting Maintenance Assessment District No. 2.”
4. Description of Improvements: The improvements within the District include but are not limited to: turf, ground cover, shrubs, trees, irrigation systems, ornamental lighting, entry monuments, drainage systems, and associated appurtenances. The Engineer’s Report describes all new improvements or substantial changes in existing improvements.
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Attachment: Exhibit D - Reso No. R-58-22, Intent to Set the Public Hearing Date (3649 : Set Public Hearing - LLMD2 for FY22-23)
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5. Proposed Assessment Amounts: The proposed district assessments are within the limits previously approved by the property owners. The assessments outlined in the Engineer’s Report have not been increased over the maximum rates approved by the property owners, and do not require additional property owner approval in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID.
6. Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the Act.
7. Notice: The City shall give notice of the time and place of the Public Hearing to all property owners within the District by causing the publishing of this Resolution once in the local newspaper not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices.
8. Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on June 21, 2022 at 6:00 pm, or as soon thereafter as feasible in the Council Chambers at City Hall, 650 North La Cadena Drive, Colton, CA.
9. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law.
10. That the City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions of said City; and shall make a minute of passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which Resolution is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS 07th DAY OF JUNE 2022.
_______________________________
Frank J. Navarro
Mayor
ATTEST:
__________________________________
Carolina R. Padilla
City Clerk
23.d
Packet Pg. 806
Attachment: Exhibit D - Reso No. R-58-22, Intent to Set the Public Hearing Date (3649 : Set Public Hearing - LLMD2 for FY22-23)
ITEM NO. 24
STAFF REPORT
DATE: JUNE 7, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: SET THE PUBLIC HEARING DATE OF JUNE 21, 2022 FOR THE
BASIC FEE FOR STORM WATER SERVICES AND STORM WATER
MANAGEMENT USER FEE.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Set a Public Hearing for June 21, 2022 to adopt a resolution approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee as provided for in Chapter 14.01 of the Colton Municipal Code.
BACKGROUND
As a result of a State requirement issued by the California Regional Water Quality Control Board, the County of San Be rnardino drafted the National Pollutant Discharge Elimination System (NPDES) Implementation Agreement. This Agreement was entered into between all the Co-Permitees (cities) listed in the Permit issued by the State to the County of San Bernardino to oversee the National Pollutant Discharge Elimination System (NPDES). This Agreement was originally executed in October 1990 and subsequently, an updated version was approved on March 15, 2022. Through the San Bernardino County Flood Control District, an NPDES S torm Water Permit was issued with 16 incorporated cities (including Colton) as Co-Permitees.
Implementation of this Permit requires the City to perform regular inspections and water quality monitoring. These services are funded as authorized by Chapter 14.01 of the City’s Municipal Code. Each property owner is assessed a Storm Water Management Fee based upon the land use and size of the property. The average residential Storm Water Management Fee for FY 22/23 is 24 Packet Pg. 807
Staff Report to the Mayor and City Council
Set Public Hearing - Stormwater Fees
June 7, 2022
$24.13 (similar from last year). In or der for the City to charge these fees, the County requires that the fees be submitted to the City Council for approval each year. The City Council must also hold a public hearing each year for all affected property owners.
ISSUES/ANALYSIS
There is no in crease in either of the “Basic Fee for Storm Water Services” or “Storm Water Management User Fee.” The fees collected this year will fund the Storm Water Program for FY 22/23, which includes the City’s operational costs for permits, storm drain cleaning a nd repair, NPDES inspections and litter control. The proposed storm water fee for each individual parcels is attached as Exhibit A and the public hearing has been scheduled for June 21, 202 2. A Public Hearing notice that will be published is attached as Exhibit B.
FISCAL IMPACTS
The FY2022-23 adopted revenues are estimated to be $637,959.00 and will be expended to fund the City’s NPDES Storm Water Program as mandated by Federal and State regulations. The City’s adopted FY2022 -23 Storm Wa ter Program appro priations are $1,285,850.00. Sufficient reserve balance in the Storm Water Fund is available to fund the deficit.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - 2223 Colton Stormwater
2. Exhibit B -Storm Water Fee Public Hearing Notice
24 Packet Pg. 808
FY 2021-22 Rate: $24.13 per Basic Benefit Unit (BBU)
FY 2022-23 Rate: $24.13 per Basic Benefit Unit (BBU)
Stormwater Management Use Fee Equals: (BBU Rate) x (No. of BBUs per Billed Parcel) Basic Benefit Unit (BBU) Calculation (a)
1) Single Family Residential Land Use (Stormwater Group C) a. Parcel Size of 0.1667 Acres or Less: 1.0 BBU Regardless of Specific Acreage: Runoff Factor is 0.40 b. Parcel Size Portion 0.167 to 2.50 Acres: Runoff Factor is 0.0067 BBU equals 1.0 + (Parcel Acreage - 0.167 Acres) x 0.10
c. Parcel Size Portion Greater Than 2.5 Acres: Runoff Factor is 0.0033 BBU equals 1.23 + (Parcel Acreage - 2.5 Acres) x 0.05
2) Other (All Other Land Use Codes and Stormwater Groups ) Number of BBUs equals Parcel Size in Acres x BBUs per Acre per Stormwater Group (as listed below) Runoff
Coefficient (b)
Basic Benefit
Units per Acre
Group A - Commercial/Industrial 0.80 12.00
Group B - Multi-family Dwellings, 0.60 9.00
Churches and Schools
Group C - Single Family Residential
Group D - Agriculture/Govern/Public 0.000 0.00
Group E - Golf Courses/Cemeteries 0.0067 0.10
Group F - Vacant/Undeveloped 0.0033 0.05
No parcel is charged for fees less than $1.
(a) The BBU calculation is based on the County Flood Control Division allocation method for County-wide communities. The BBU is based on a typical Single Family Residential parcel of 0.167 acres. (b) The land use runoff coefficients are based on NPDES program criteria by County Flood Control, on City property.
EXHIBIT A
STORMWATER FEES - FY 2022-23
Stormwater Group Description San Bernardino County Land Use Code Varies - See (1) Above
100, 101, 102, 103, 104, 105, 106, 107, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 140, 141, 142, 143, 150, 151, 152, 153, 161, 162, 163, 164, 170, 171, 172, 173, 174, 180, 210, 211, 212, 230, 231, 232, 233, 235 251, 252, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 320, 321, 322, 330, 331, 332, 333, 334, 340, 341, 342, 343, 344, 345, 346, 347, 350, 351, 352, 353, 354, 360, 361, 362, 363, 364, 365, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 387, 388, 390, 391, 392, 393, 399, 435, 799, 812, 813, 814, 815, 816, 817, 819, 823, 824, 825, 826, 827, 829, 834, 835, 836, 837, 839, 845, 846, 847, 849, 856, 857, 859, 867, 869, 879, 888, 907, 950, 951, 953001, 335, 336, 337, 389, 400, 470, 471, 472,473, 474, 475, 476, 477, 478, 479, 480, 481,482, 483, 520, 521, 522, 523, 524, 525, 526,530, 531, 532, 600, 601, 602, 603, 604, 605,610, 611, 612, 613, 620, 621, 622, 623, 630,631, 640, 641, 642, 643, 650510, 511, 512, 513, 514, 533, 534, 535, 599002, 003, 160, 236, 253, 348, 420, 421, 430, 431, 432, 433, 434, 436, 701, 702, 710, 711, 712, 713, 714, 720, 721, 722, 730, 731, 732, 733, 734, 735, 736, 737, 750, 751, 752, 753, 760, 761, 762, 763, 764, 765, 766, 767, 768, 769, 770, 771, 772, 773, 774, 775, 776, 778, 900, 901, 902, 903, 904, 905, 906, 952, 999385, 386, 410, 411000, 004, 041
24.a
Packet Pg. 809
Attachment: Exhibit A - 2223 Colton Stormwater (3630 : Set Public Hearing - Stormwater Fees) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3) 0000 F 0.05 Vacant Land 2,329.20 390.00 $2,503.39
0001 B 9.00 MH Subdivision Lot 2.16 24.00 469.20
0002 D 0.00 Water Well Site 2.21 1.00 0.00
0003 D 0.00 Improvements Associated APN 44.92 35.00 0.00 0004 F 0.05 Unimproved Cemetery Land 39.01 11.00 45.89
0100 A 12.00 Storage Warehouse 71.51 68.00 20,098.99
0101 A 12.00 Distribution Warehouse 191.97 23.00 55,585.39 0102 A 12.00 Transit Warehouse 43.35 4.00 12,553.00
0103 A 12.00 Mini-Storage Warehouse 6.90 3.00 1,997.96
0104 A 12.00 Storage Building 10.07 8.00 2,915.87
0105 A 12.00 Lumber Storage 0.77 1.00 222.96
0106 A 12.00 Storage Yard 15.79 2.00 4,572.15
0107 A 12.00 Cold Storage Facility 50.75 4.00 14,695.18 0109 A 12.00 Industrial Flex 5.51 2.00 1,595.47
0110 A 12.00 Industrial Loft 42.87 18.00 12,413.44
0111 A 12.00 Industrial Condo 0.71 7.00 205.59
0112 A 12.00 Engineering/Research Lab 5.05 1.00 1,462.28 0113 A 12.00 Light Industrial 184.94 77.00 53,549.81
0114 A 12.00 Heavy Industrial 38.62 2.00 11,182.81
0115 A 12.00 Food Processing 35.44 6.00 10,262.00
0161 A 12.00 Electric Power Plant 12.24 2.00 0.00
0171 A 12.00 Water Distribution Systems 0.01 1.00 2.90
0210 A 12.00 General Office 51.66 58.00 12,514.80
0211 A 12.00 Bank, S&L 2.73 5.00 790.50
0230 A 12.00 Medical Office 16.08 14.00 3,611.38
0231 A 12.00 Dental Office 0.00 0.00 0.00
0235 A 12.00 Outpatient Surgical Center 2.17 1.00 628.35 0253 D 0.00 Mortuary 29.08 1.00 0.00
0300 A 12.00 Retail Store 45.60 82.00 13,168.35
0301 A 12.00 Retail Warehouse 9.28 3.00 2,687.11
0302 A 12.00 Discount Store 30.21 5.00 8,747.62
0303 A 12.00 Department Store 0.86 1.00 249.02
0304 A 12.00 Retail Strip 33.16 28.00 9,601.81
0305 A 12.00 Shopping Center 12.56 2.00 3,636.88
0308 A 12.00 Barber/Beauty Shop 0.14 1.00 40.54
0310 A 12.00 Dairy Sales 0.00 0.00 0.00
0312 A 12.00 Convenience Store 1.06 3.00 306.93
0313 A 12.00 Convenience Store w/Gas 8.73 11.00 2,527.58 0314 A 12.00 Market 2.79 10.00 807.88
0315 A 12.00 Supermarket 21.42 6.00 6,202.95
0320 A 12.00 Fast Food 18.22 35.00 5,275.18
0321 A 12.00 Restaurant 7.57 14.00 2,191.97
0322 A 12.00 Bar, Tavern 1.90 2.00 550.16
0330 A 12.00 Hotel 7.10 4.00 2,055.87
0331 A 12.00 Motel 4.89 5.00 1,415.94
0334 A 12.00 Convalescent Hospital 5.75 1.00 0.00
0337 B 9.00 Assisted Living Facility 1.26 1.00 274.29
0340 A 12.00 Car Lot 1.70 6.00 492.25
0341 A 12.00 Auto Showroom 3.09 2.00 894.74
0342 A 12.00 Auto Dealership (Sales, Svc) 25.51 7.00 7,386.68 0343 A 12.00 Service Station 1.01 3.00 292.46
0344 A 12.00 Service Garage 16.83 31.00 4,873.30
0345 A 12.00 Mini-lube Garage 1.28 2.00 370.64
0346 A 12.00 Car Wash, Coin-op 1.20 4.00 347.47
0347 A 12.00 Car Wash, Automatic 1.27 2.00 367.74
0348 D 0.00 Truck Wash 8.33 1.00 0.00
0350 A 12.00 Parking Lot 21.31 29.00 6,170.54
0351 A 12.00 Auto Storage Yard 3.30 4.00 955.54
0376 A 12.00 Handball/Racquetball 0.00 0.00 0.00
0386 E 0.10 Golf Course 52.00 1.00 125.48
CITY OF COLTON
FY 2022-2023 STORMWATER MANAGEMENT FEES
24.a
Packet Pg. 810
Attachment: Exhibit A - 2223 Colton Stormwater (3630 : Set Public Hearing - Stormwater Fees) Land Use Code
SW
Group BBU/Acre Land Use Total Acres Total Parcels Total Fees (1)(2)(3)
CITY OF COLTON
FY 2022-2023 STORMWATER MANAGEMENT FEES
0388 A 12.00 Clubhouse 3.01 5.00 871.58
0389 B 9.00 Fraternal/Veterans Organization 0.84 2.00 182.42 0391 A 12.00 Amusement/Theme Park 5.50 3.00 1,592.58
0393 A 12.00 Travel Center 4.40 1.00 1,274.06
0400 B 9.00 Religious Structure 39.95 38.00 8,675.96
0410 E 0.10 Cemetery 47.06 7.00 113.57
0470 B 9.00 Educational 8.11 7.00 1,761.24
0471 B 9.00 Pre-School/Day Care Center 0.18 1.00 39.09
0472 B 9.00 Elementary School 3.81 5.00 827.42
0474 D 0.00 College/County of San Bernardino 9.10 3.00 920.80 0510 C Varies Detached SFR 1,713.91 8,637.00 209,331.14 0511 C Varies Recreational Desert/Mtn Cabin 0.20 1.00 24.21 0514 C Varies Residence on Commerical 18.30 85.00 2,063.98 0520 B 9.00 MH on Fee Land, Not in MH Subdivision 0.17 1.00 36.92 0522 B 9.00 MH, In-Park (Leased Land) 3.93 131.00 0.00
0523 B 9.00 MH Accessories, In-Park (Leased Land) 0.00 0.00 0.00 0524 B 9.00 MH, Dealer Inventory 0.00 0.00 0.00
0525 B 9.00 MH (525) 0.18 2.00 39.10
0526 B 9.00 MH Permanent Foundation 22.77 237.00 4,946.05 0530 B 9.00 Condo 12.78 651.00 2,774.13
0531 B 9.00 PUD 11.02 275.00 2,394.15
0532 B 9.00 PUD, Deminimus 11.19 139.00 2,429.91
0599 C Varies Misc Residential Structure 39.97 10.00 225.64 0600 B 9.00 Two SFR 55.14 252.00 11,974.84
0601 B 9.00 Three SFR 3.63 9.00 788.75
0602 B 9.00 Four SFR 2.08 6.00 451.71
0603 B 9.00 Duplex 20.19 106.00 4,384.76
0604 B 9.00 Triplex (true or combination) 11.00 52.00 2,359.35 0605 B 9.00 Quad (true or combination) 22.23 86.00 4,827.64 0610 B 9.00 Multi-SFR, 5-14 Units 1.78 6.00 386.57
0611 B 9.00 Apartment, 5-14 Units 8.15 19.00 1,769.75
0621 B 9.00 Apartment, 15+ Units 125.51 24.00 26,861.76 0623 B 9.00 Senior Citizen APT, 15 Units AND UP 3.23 1.00 701.46 0631 B 9.00 Gov't Assisted Apt (HUD, 236, Etc.) 31.49 5.00 6,838.68 0640 B 9.00 Rectory/Convent 0.34 1.00 73.84
0650 B 9.00 Manufactured Home Park 82.01 5.00 17,810.11 0799 A 12.00 Miscellaneous Ag Building 35.54 2.00 10,290.96 0813 A 12.00 Industrial/Commercial 6.67 2.00 1,931.36
0835 A 12.00 Commercial/Single Family Residential 0.13 1.00 37.64 0836 A 12.00 Commercial/Multi Family 0.17 1.00 49.23
0903 D 0.00 Common Area, Greenbelt 3.99 13.00 0.00
0904 D 0.00 Miscellaneous 0.00 14.00 0.00
0905 D 0.00 Common Area, Street 0.00 7.00 0.00
0999 D 0.00 Check 0.00 4.00 0.00
TOTALS 5,954.72 11,932 $637,958.59
(3) Charge Roll on file with City Clerk.
(1) Slight variance due to rounding.
(2) The information provided is subject to change as a result of parcel changes and updates received from the County. The totals above include all parcels in the District (charged and not charge parcels)
24.a
Packet Pg. 811
Attachment: Exhibit A - 2223 Colton Stormwater (3630 : Set Public Hearing - Stormwater Fees)
CITY OF COLTON
DEPARTMENT OF PUBLIC WORKS
NOTICE SETTING A PUBLIC HEARING TO APPROVE THE FISCAL YEAR 2022/2023 BASIC FEE FOR STORM WATER SERVICES AND STORM WATER
MANAGEMENT USER FEE
Notice is hereby given that the City of Colton Public Works Department is setting the Public Hearing for:
Conduct a public hearing and adopt a resolution approving the Basic Fee for Storm Water Services and the Storm Water Management User Fee, as provided for in Chapter 14.01 of the Colton Municipal Code.
The Colton City Council will conduct a public hearing on Tuesday, June 21, 2022 in the Council Chambers located at 650 N. La Cadena, Colton, California 92324, at 6:00 p.m., to consider a resolution to approve the fee. If you challenge any action related to this proposal in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice, or in written correspondence delivered at, or prior to, the public hearing. The cost report documentation supporting the proposed rates is available for public review at the Colton City Clerk’s Office.
24.b
Packet Pg. 812
Attachment: Exhibit B -Storm Water Fee Public Hearing Notice (3630 : Set Public Hearing - Stormwater Fees)
ITEM NO. 25
STAFF REPORT
DATE: JUNE 7, 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 AMENDMENT NO. 1 FOR THE KOA CORPORATION
PROFESSIONAL SERVICE AGREEMENT TO FOR THE RECHE
CANYON ROAD REALIGNMENT TO HUNTS LANE PROJECT,
RESOLUTION NO. R-46-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Amendment No. 1 for Professional Services Agreement with KOA Corporation in the amount of $64,750 for the preparation of the Noise Study Report and the Visual Impact Assessment necessary for the completion of environmental document for Reche Canyon Road Realignment to Hunts Lane Project, and au thorize the City Manager to execute the amended agreement.
2. Approve Resolution R -46-22 (Exhibit B) amending the Fiscal Year 2021/2022 Capital Improvement Program budget increasing funding for the Reche Canyon Road Realignment to Hunts Lane Project.
BACKGROUND
The City of Colton received a federal grant in the amount of $359,960 for the Reche Canyon Road Realignment to Hunts Lane Project. Reche Canyon Road is one of the busiest arterial streets in the City of Colton. The road connects the City of Colton t o the cities of Loma Linda and Moreno Valley, and unincorporated areas in the counties of Riverside and San Bernardino.
The average daily traffic for this arterial road is approximately 17,000 vehicles per day. As a result, the intersections of Hunts Lane and Reche Canyon at Washington Street are constantly congested during peak hour traffic in the morning and afternoon. 25 Packet Pg. 813
Staff Report to the Mayor and City Council
Contract Amendment - KOA Corporation
June 7, 2022
The scope of the Reche Canyon Road Realignment to Hunts Lane Project includes realignment and extension of Reche Canyon Road to Hunts Lane at the intersection of Washington Street (see Exhibit A). The project will provide a new four-lane asphalted street, sidewalk, bike lane, and a traffic signal at the intersection of the existing road (in front of the apartment complex).
ISSUES/ANALYSIS
On October 6, 2019, the City awarded a professional services agreement to KOA Corporation for $434,965.25 for the preparation of environmental documents, engineering design , and right of way support for the Reche Canyon Road Realignment to Hunts Lane Pro ject. During the review of the Preliminary Environmental Study (PES), Caltrans determined that the Noise Study Report and the Visual Impact Assessment are necessary to complete the environmental documents for the project. These studies were not anticipated at the start of the project , as the project is located in an isolated area and close to existing and heavily travelled two main arterial streets (Reche Canyon Road and Washington Street). Below is the itemized cost proposal submitted by KOA Corporation, Inc. to complete the needed Noise Study Report and Visual Impact Assessment:
1. Project Management, Coordination, and Administration $ 6,500
2. Noise Study Report (One Build Alternative) $15,500
3. Noise Abatement Decision Report $12,250
4. Visual Assessment (One Build Alternative) $30,500
Total $64,750
The noise study report will evaluate the noise impacts of the project and will prepare potential noise abatement, if needed. The study will be fully analyzed in the Noise Abatement Decision Report (NADR) and shall be prepared in accordance with procedures specified by the Federal Highway Administration (FHWA) and the Caltrans Traffic Noise Analysis Protocol.
The visual impact analysis will consider both the “view from the road” and the “view of the road” with respect to the surrounding area. This analysis will be conducted in accordance with the FHWA Manual, Guidelines for the Visual Impact Assessment (VIA) for Highway Projects (January 2015). The VIA evaluation shall define the visual environment of t he project alternative, provide a map of the view shed, and identify key views for the project alternative. A 3D model of the final site geometrics will be produced to show the project within the site context for the preparation of the simulations. Caltran s will review and approve both of the needed technical studies.
KOA Corporation new contract amount to include preparation of the environmental document, engineering design, and right of way support for the Reche Canyon Road Realignment to Hunts Lane Pro ject will be $499,715.25, and the contract will be extended to December 31, 202 4 (Exhibit C). Environmental and design phase for the project are anticipated to be completed by 25 Packet Pg. 814
Staff Report to the Mayor and City Council
Contract Amendment - KOA Corporation
June 7, 2022
June 2023, final design and right of way phase by December 2024, and constructio n by December 2025.
FISCAL IMPACTS
Adoption of Resolution R-46-22 necessary to provide funding for Change Order No. 1 will:
Increase appropriations in Traffic Impact Fee Fund Account Number 249-1000-1000-5993- 0004-450 by $28,231; and
Increase revenue in Capital Projects Fund Account Number 450-5993-249 by $28,231; and Appropriate $28,231 in account number Capital Projects Fund Capital Improvement Account Number 450-1701-6900-3890-0000-000 for Visual Impact and Noise Study needed for the Reche Canyon Road Realignment to Hunts Lane Project; and Increase appropriation s in Measure I Fund Account Number 218-1000-1000-5993-0004- 450 by $36,519; and
Increase revenue s in Capital Projects Fund Account Number 450-5993-218 by $36,519; and
Appropriate $36,519 in Capital Projects Capital Improvement A ccount Number 450-1701- 6971-3890-0000-000 for Visual Impact and Noise Study needed for the Reche Canyon Road Realignment to Hunts Lane Project.
Arterial Measure I is reimbursable thru SBCTA. The cost sharing percentage between the two funding sources is based on the SBCTA nexus study for the Measure I 2010 -2040 Strategic Plan.
Regional Traffic Impact Fee (Development Fee) represents 43.6% of the cost breakdown and Arterial Measure I represents 56.4%.
ENVIRONMENTAL IMPACTS
Preparation of documents for the California Environmental Quality Act (CEQA) and the National Environmental Quality Acts (NEPA) is part of the Preliminary Engineering Phase for this Project.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Conceptual Layout
2. Exhibit B - Resolution R-46-22 to set funding
3. Exhibit C - KOA Contract Amendment No. 1
25 Packet Pg. 815
20+0021+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+0035+0036+0037+0038+0039+00 22+00 103010401050106010701080
1020103010401050106010701080
1020 RECHE CANYON ROAD EXTENSION CL PROFILE
12'12'6'6'SW
EX. E'LY R/W
C
BIKELANELANE2.0%PROP. PAVEMENTTYPE "8" C&G
L
12'LANE12'6'6'SWBIKELANELANE2.0%PROP. PAVEMENTTYPE "8" C&G12'LANE EX. W'LY R/W 88'PROP.RETAINING WALL
TYPICAL SECTION
2:1MAX
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34+65
City of Colton, Department of Public WorksReche Canyon Extension To hunts Lane ProjectConceptual Design Alternative 2 PLANNING | ENGINEERING |CONSTRUCTION MANAGEMENT
= CENTER LINE
= EXISTING CURB= PROPOSED CURB AND GUTTER= EXISTING CURB AND GUTTER= RIGHT OF WAY = PROPOSED PCC SIDEWALK
= PROPOSED AC PAVEMENT= SIGNALIZED INTERSECTION
Legend
= PROPOSED RETAINING WALL= PROPOSED STRIPING= PROPOSED PAVEMENT MARKING= PROPOSED SIGNAL EQUIPMENT VERT. SCALE 1"-8'HORIZ. SCALE 1"-40'(XXX.XX) = EXISTINGXXX.XX = PROPOSED 040SCALE 1"=40'80
North
EX. C/G PROP.. C/G PROP.. C/G
PROP. C/GPROP. C/GEX. C/G
EX. C/G
JOIN EX. C/G
EX. C/G
PROPOSED SIGNALIMPROVEMENTS
EX. R/WEX. R/WEX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. RAISEDMEDIAN
PROP. CATCH BASINAND LOCAL DEPRESSIONRELOCATE POWER POLER= 35'
CONSTRUCT ISLANDPASSAGEWAY
GAGE CHANNEL
PROP. C/GPROPOSED SIGNALIMPROVEMENTS
EX. R/WEX. RAISEDMEDIAN
EX. RAISEDMEDIAN
PROP. CATCH BASINAND LOCAL DEPRESSION
PROP.CATCH BASINAND LOCAL DEPRESSIONRECONSTRUCT MEDIAN NOSE
RECONSTRUCT MEDIAN NOSE
R= 35'R= 35'
EX. C/G
GRADING LIMIT
GRADING LIMIT
GRADING LIMIT
GRADING LIMIT
EX. C/G
EX. GAGETRANSMISSION PIPELINE
EX. GAGETRANSMISSION PIPELINE
EX. R/W
EX. R/W
R= 35'PROP. C/GPROP. C/G
EX. R/W
25.a
Packet Pg. 816
Attachment: Exhibit A - Conceptual Layout (3614 : Contract Amendment - KOA Corporation)
1 2
3 4
5 6
7 8
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13 14
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RESOLUTION NO. R-46-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLT ON AMENDING THE FISCAL YEAR 2021/2022 CAPITAL IMPROVEMENT BUDGET.
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and
WHEREAS, the City of Colton needs to allocate additional funding in the amount of $64,750 for the preparation of Visual Impact and Noise Study for the completion of environmental documents for the Reche Canyon Road Realignment to Hunts Lane Project; and WHEREAS, the funding will be provided thru Regional Traffic Impact Fee in the amount of $28,231 (43.6%) and Arterial Measure I in the amount of $36,519 (56.4%); and WHEREAS, a budget appropriation not listed in the Fiscal Year 21/22 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The Recitals preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.
Section 2 The City Council authorizes the following amendment for the FY 21/22 budget:
Increase appropriations in Traffic Impact Fee Fund Account Number 249-1000- 1000-5993-0004-450 by $28,231; and
Increase revenue in Capital Projects Fund Account Number 450-5993-249 by $28,231; and
Appropriate $28,231 in account number Capital Projects Fund Capital Improvement Account Number 450-1701-6900-3890-0000-000 for Visual Impact and Noise Study needed for the Reche Canyon Road Realignment to Hunts Lane Project; and
Increase appropriations in Measure I Fund Account Number 218-1000-1000- 5993-0004-450 by $36,519; and
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Attachment: Exhibit B - Resolution R-46-22 to set funding (3614 : Contract Amendment - KOA Corporation)
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Increase revenues in Capital Projects Fund Account Number 450-5993-218 by $36,519; and
Appropriate $36,519 in Capital Projects Capital Improvement Account Number 450-1701-6971-3890-0000-000 for Visual Impact and Noise Study needed for the Reche Canyon Road Realignment to Hunts Lane Project.
PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JUNE 2022.
________________________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Carolina R. Padilla, City Clerk
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Attachment: Exhibit B - Resolution R-46-22 to set funding (3614 : Contract Amendment - KOA Corporation) (BB&K: 2-12)
23152.06020\1435122.5
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETW
EEN THE CITY OF COLTON
AND
KOA CORPORATION
1. P ARTIES AND DATE.
Th
is Amendment No. 1 to the Professional Services Agreement (“1 st Amendment”) is made and entered into this 8th day of June , 2022 by and between the City of Colton (“City”) and KOA Corporation (“Consultant”) . City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this 1st Amendment.
2. R ECITALS.
2.1 Agreement. City and Consultant ent ered into that certain Professional Services Agreement dated October 7 , 2020 (“Agreement”), whereby Consultant agreed to provide services for the preparation of plans and environmental documents for the Reche Canyon Road Realignment to Hunts Lane Project (“Project”).
2.2 Amendment. City and Consultant desire to amend the Agreement for the 1st time to increase contract amount and to extend the term of the Agreement.
3. T ERMS.
3.1 Scope of Services and Term. Compensation. Section 3.1.2.of the Agreement is hereby deleted in its entirety and replaced with the following:
3.1.2 Term. The term of this Agreement shall be extended to December 30, 2024, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Scope of Services and Term. Compensation. Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
3.2 .1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhi bit ”A” attached hereto and incorporated herein by reference. The total compensation shall not exceed Four Hundred Ninety-Nine Thousand Seven Hundred Fifteen and 25/100 Dollars ($499,715.25) without written approval of City’s City Council. Extra Work may be authorized, as
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Attachment: Exhibit C - KOA Contract Amendment No. 1 (3614 : Contract Amendment - KOA Corporation) 2 (BB&K: 2-12)
23152.06020\1435122.5
described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this 1st Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this 1st Amendment.
3.4 Adequate Consideration. The Parties hereto irr evocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this 1st Amendment.
3.4 Counterparts. This Amendment No. 1 may be executed in duplic ate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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Attachment: Exhibit C - KOA Contract Amendment No. 1 (3614 : Contract Amendment - KOA Corporation) 3 (BB&K: 2-12)
23152.06020\1435122.5
SIGNATURE PAGE FOR AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND KOA CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to Professional Services Agreement as of the 8th day of June, 2022.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
KOA CORPORATION
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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Attachment: Exhibit C - KOA Contract Amendment No. 1 (3614 : Contract Amendment - KOA Corporation)
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23152.06020\1435122.5
EXHIBIT “A”
COMPENSATION
Compensation to KOA Corporation for the services of this Agreement shall not exceed Four Hundred Ninety-Nine Thousand Seven Hundred Fifteen and 25/100 Dollars ($499,715.25) without written approval of City’s City Council.
The breakdown for the additional work for the preparation of Noise Study R eport and Visual Impact Assessment Report for the environmental documents are as follows:
1. Project Management, Coordination, and Administration $ 6,500
2. Noise Study Report (One Build Alternative) $15,500
3. Noise Abatement Decision Report $12,250
4. Visual Assessment (One Build Alternative) $30,500
Total $64,750
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Attachment: Exhibit C - KOA Contract Amendment No. 1 (3614 : Contract Amendment - KOA Corporation)