Colton City Council
June 21, 2022

These past two years, the pandemic changed both outreach to businesses and how business was conducted in the City. For the first year of the pandemic, businesses closed to all but take -out food and little to no in -person business. As a result of this disruption, how to reach our businesses and how to assist them changed to meet a new “normal”.

For last year’s contract, special consideration was given to reviewing work completed to not require the Chamber to provide assistance the City itself could not provide, given the statewide lockdown requirements, and payments approved to the Chamber in Fiscal Year 2021 -2022 were scrutinized with all this in mind. Staff recommends for the Fiscal Year of 2022 -2023, a renewal amount of $25,000.

At their meeting held on May 12, 2022, the Board of Directors of the Chamber of Commerce approved the proposed 2022 -2023 Fiscal Yea r Agreement. The Scope of Services, generally outlining the services that are requested of the Chamber to assist economic development efforts remain the same, and are summarized below:

Scope of Work:

 Conduct networking/speaker engagements that provide v aluable information to businesses.
 Create and maintain an internet presence through the current Chamber website and Facebook Page.
 Conduct or provide for small business development workshops for small businesses.  Function as a Business Liaison and Resource /Referral Center for businesses and for community events.
 Create and maintain an online master calendar of community and civic organization events.
 Develop new or use existing materials to provide to new residents/businesses.  Provide legislative information regarding business issues that may affect them.  Work with Economic Development to help coordinate Grand Openings and Ribbon Cutting Ceremonies for Colton businesses and officials.  Prepare and maintain a spreadsheet of business inquiries/contacts/site vis its and business leads received by phone, staff, or Councilmember request.  Work with Economic Development staff to produce promotional information for the City, and conduct a brief survey of each business visited to determine ongoing needs for business development.
 Collaborate with groups such as the Workforce Development Board, San Bernardino Alliance for Education and Colton High School et. al., nurturing “home grown” future business owners, workforce, and community leaders.
 Work closely with Colton Unifi ed School District and other education -focused and/or Career-focused groups to help in the professional and leadership development of Colton youth.
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Staff Report to the Mayor and City Council
Chamber of Commerce Agreement - Fiscal Year 2022-2023
June 21, 2022

 Conduct or assist with alliance meetings between the Chamber of Commerce, the City of Colton, and local Colt on businesses for the sharing of goals and needs for the businesses.
 Complete Monthly Reports and submit quarterly, noting the Chamber’s monthly activities referenced within the Scope of Services.

FISCAL IMPACTS

Sufficient appropriations for the $25,000 Chamber Contract are included in the adopted FY2022- 23 budget in the City Manager’s Economic Development Division Professional Services Account Number 100 -6020-9050-2350-0000-000. Funds will be paid to the Chamber on a quarterly reimbursement basis, after approval by Economic Development staff.

Pursuant to the terms of the agreement , the Chamber is responsible for the gas bill, and the City provides the space (2,760 square feet) and pays for electric, water, and trash, which is equivalent to approximately $30,000 per year.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. 22 23 Agreement with Chamber of Commerce
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CITY OF COLTON

CONTRACTUAL SERVICES AGREEMENT

WITH THE COLTON CHAMBER OF COMMERCE

ARTICLE 1. PARTIES.

THIS CONTRACTUAL SERVICES AGREEMENT (hereinafter the “Agreement”) is made this June 21st, 2022, by and between the City of Colton (hereinafter the “City”), a municipal corporation, with its principal place of business at 650 N. La Cadena Drive, California 92324, and the Colton Chamber of Commerce (hereinafter the “Chamber”), a California nonprofit corporation, with its principal place of business at 655 N. La Cadena Drive, California 92324. The City and the Chamber are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

ARTICLE 2. RECITALS.

2.1 The Chamber desires to perform and assume responsibility and obligation for the provision of certain services (“Services”), as hereinafter described, on the terms and conditions set forth herein.

2.2 The City desires to engage the Chamber to render such Services, as hereinafter described in the terms and conditions set forth herein.

ARTICLE 3. ENGAGEMENT AND SERVICES OF THE CHAMBER.

3.1 Engagement of the Chamber. The City hereby engages the Chamber and the Chamber promises and agrees to furnish to the City, subject to the terms and conditions set forth in this Agreement, all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Services. The Services are more particularly described in Exhibit “A” attached hereto and incorpor ated herein by reference. The Chamber agrees to perform the Services in accordance with the terms and conditions of this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.2 Term. The term of this Agreement shall be from July 1, 2022 to June 30, 2023, unless earlier terminated as provided herein. Chamber shall complete the Services within the term of this Agreement, and shall meet any other established sc hedules and deadlines.

ARTICLE 4. RESPONSIBILITIES OF THE CHAMBER.

4.1 Progress. The Chamber shall work closely and cooperate fully with the City and shall be available to the City at all reasonable times. The Chamber shall complete and provide a Quart erly Report on the progress of the activities and projects planned in

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connection with this Agreement at the end of each of the following months: September, December, March and June.

4.2 [Intentially Omitted]

4.3 Political Activities. During the term of this Agreement, the Chamber shall not contribute, donate or otherwise expend funds received from the City for compensation of Services under this Agreement to advocate or oppose any local municipal election issue or candidate.

4.4 The Chamber's Respo nsibilities for Costs and Expenses. Except as otherwise expressly stated herein, the Chamber shall be responsible for all costs and expenses incurred relative to the Chamber, personnel of the Chamber and any subconsultants of the Chamber in connection wit h the performance of the se Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, document reproduction expenses and the monthly bill from The Gas Company.

4.5 Independent Contractor. The Services shall be performed by the Chamber or under its supervision. The Chamber shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The Chamber represents that it possesses the professional and technical personnel required to perform the Services. The City retains the Chamber on an independent contractor basis and not as an employee of the City. The personnel performing the Services on behalf of the Chamber shall at all times be under the Chamber's exclusive direction and control.

4.6 Key Personnel. The Chamber has represented to the City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, the Chamber may substitute other personnel of at least equal competence upon prior written approval of the City. In the event that the City and the Chamber cannot agree as to the substitution of key personnel, the City shall be entitled to terminate this Agreement. 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 Services or a threat to the safety of persons or property, shall be promptly removed from the Services by the Chamber at the request of the City . The key personnel for performance of this Agreement is the Chamber President of the Board of Directors.

4.7 The City’s Representative. The City hereby designates the City Manager, or his/her designee, to act as its representative for the performance o f this Agreement (“City’s Representative”). The City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement. The Chamber shall not accept direction or orders from any person other than the City’s Representative or his or her designee. In addition, use of City personnel and resources under this Agreement shall be expressly

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limited, as provided for herein. Failure to comply with such limitations shall be grounds to terminate this Agreement for cause.

4.8 The Chamber’s Representative. The Chamber hereby designates the President of the Chamber Board of Directors or his or her designee, to act as its representative for the performance of this Agreement (“Chamber’s Representative”). The Chamber’s Representative shall have full authority to represent and act on behalf of the Chamber for all purposes of this Agreement. The Chamber’s Representative shall supervise and direct the Services, using his or 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.

4.9 Standard of Care. The Chamber shall perform all Services under this Agreement in a skillful and compet ent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. The Chamber represents and maintains that it is skilled in the professional calling necessary to perform the Services. The Chamber warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, the Chamber represents that it, its employees and subcontractors 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. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from providing the Services under this Agreement and shall not be re-employed to perform any of the Services under this Agreement.

4.10 Laws and Regulations. All aspects of the provision of the Services by the Chamber shall conform to all applicable Cit y, county, state, and federal laws, rules and regulations in effect at the time the services are provided. All Services shall be subject to approval of the City. The Chamber shall keep itself fully informed of and in compliance with all local, state and f ederal laws, rules and regulations in any mann er affecting the performance of the Services, including all Cal/OSHA requirements, and shall give all notices required by law. The Chamber shall be liable for all violations of such laws and regulations in connection with its Services. If the Chamber performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Chamber shall be solely responsible for all costs arising therefrom. The Chamber shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or failure to comply with such laws, rules or regulations.

4.11 Prohibition Against Use of Public Funds for Mass Mailings. The Chamber acknowledges and understands that in order to comply with State law, none of the City funds received in compensation for the Services shall be used for the design, production, printing or distribution of any publication, advertisement or other printed material that could

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be considered a prohibited mass mailing under the Political Reform Act (PRA) (Government Code § 81000 et seq.), as well as the regulat ions implementing the PRA (Title 2, Cal. Code of Regulations § 18700 et seq.), in accordance with the limitations prescribed in Section 6.2 of this Agreement.

4.12 Insurance.

4.12.1 Time for Compliance . Chamber shall not commence providing Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Chamber shall not allow any subcontractor to commence work on any subcontract until it has provided e vidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

4.12.2 Minimum Requirements. Chamber shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Chamber, its agents, representatives, employees or subcontractors.

Chamber shall also require all of its subcontractors to pro cure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:

(1) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (A) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (B) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (C) Workers’ Com pensation and Employers’ Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.

(2) Minimum Limits of Insurance. Chamber shall maintain limits no less than: (A) 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, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (B) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (C) Workers’ Compensation and Employer’s Liability: Workers’ compensation limits as required by the Labor Code of the State of California. Employers Liability limits of $1,000,000 per accident for bodily injury or disease.

4.12.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Chamber shall provi de endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:

(1) General Liability. The general liability policy shall be endorsed to state tha t: (A) the City and its directors, officials, offic ers, employees, agents and

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volunteers shall be covered as additional insureds with respect to the Services or operations performed by or on behalf of the Chamber, including materials, parts or equipment furnished in connection with such work; and (B) 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 Chamber’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officials, officers, employees, agents and volunteers shall be excess of the Chamber’s insurance and shall not be called upon to contribute with it.

(2) Automobile Liability. The automobile liability policy shall be endorsed to state that: (A) 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 Chamber or for which the Chamber is responsible; and (B) 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 Chamber’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 Chamber’s insurance and shall not be called upon to contribute with it.

(3) Workers’ Compensation and Employers 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 Chamber.

(4) 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 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.

4.12.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City its directors, officials, officers, employees, agents and volunteers.

4.12.5 Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Chamber shall guarantee that, at the option of the City, either: (A) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City and its respective directors, officials, officers, employees, agents and volunteers; or (B) the Chamber shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

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4.12.6 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.

4.12.7 Verification of Coverage. Chamber 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 authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City, if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserv es the right to require complete, certified copies of all required insurance policies, at any time.

ARTICLE 5. RESPONSIBILITIES OF THE CITY.

5.1 Cooperation. The City shall cooperate with the Chamber relative to the provisions of the Services. To the extent permitted by applicable law, the City shall provide criteria and information in its possession, or reasonably obtainable by it, as requested by the Chamber, and shall make that information and related data available for the Chamber’s use during the performance of this Agreement.

5.2 This section intentionally left blank.

ARTICLE 6. COMPENSATION.

6.1 Compensation. Compensation under this contract will be paid for services performed by the Chamber for the City. The Chamber shall submit to the City a quarterly invoice. The City’s Economic Development Staff shall, within 45 days of receiving such invoice, review the invoice and pay to the Chamber, as a reimbursement for services rendered, all approved charges in accordance with the Activity Schedule provided in Exhibit “A”, which is attached hereto and i ncorporated herein by reference. S ervices may be earned by the Chamber and approved by the City in any quarter of the fiscal year, however, total compensation under this Agreement shall not exce ed Twenty Five Thousand Dollars ($25,000). Total compensation cannot be increased beyond this amount without prior written approval of the City Council.

6.2 Use of City Funds. Use of the funds paid by the City under this Agreement shall be expressly limited, as follows:

6.2.1 The Chamber shall segregate in a separate accounting fund all City funds paid under this Agreement, and Chamber shall not use any amount of such money for the design, production, printing or distribution of any publication, advertisement or other printed material that could be considered a prohibited mass mailing under the PRA (Government Code § 81000 et seq.), as well as the regulations implementing the PRA

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(Title 2, Cal. Code of Regulations § 18700 et seq.). The parties shal l generally refer to Government Code section 89001 and Title 2 Cal. Code of Regulations section 18901, as well as opinions and advice letters of the California Fair Political Practices Commission (FPPC), to determine if a publication, advertisement or othe r printed material may be a prohibited mass mailing.

6.2.2 In addition, no City resources (staff time, computers, etc.) shall be used in the distribution of any such publication, advertisement or printed material, and no more than fifty dollars ($50) of such City resources shall be used in the design, production or printing of any such item.

6.2.3 The Chamber shall keep accurate accounting records, in accordance with Section 6.5 of this Agreement, with respect to the maintenance and expenditure of segregated City funds.

6.3 Reimbursements. The Chamber shall not be reimbursed for any expenses unless authorized in writing by the City Council.

6.4 Reporting. The City may, in its sole and absolute discretion, withhold payment of compensation should the Chamber fail to provide the City with Monthly Reports on a quarterly basis as required under Section 4.1 of this Agreement.

6.5 Accounting Records. The Chamber shall maintain complete and accurate records with respect to the $25,000 in funds expended under this Agreement. All such records shall be clearly identifiable. The Chamber shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. The Chamber 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.

6.6 Leased Space – Chamber Offices. The Chamber shall have the use, at no charge, of 2,760 square feet as shown in Exhibit “B” in the Civic Center Annex, located at 655 N. La Cadena Drive, Colton California. The Chamber of Commerce shall receive electric, water and trash at this locati on at no cost . Natural gas for the portion of the building designated as “Chamber - Square Footage” (Exhibit “B”) will, separate from this Agreement, be calculated and billed by the Public Works Department of the City of Colton and is the responsibility of the Chamber.

6.7 Payment of Taxes.

The City, as Lessor, shall pay any real and personal property taxes assessed against the Leased Premises. The Chamber, as Lessee, acknowledges that this Lease creates a taxable possessory interest in Lessee and Lesse e shall pay any possessory interest tax imposed against the Lessee and the Leased Premises.

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6.8 Alterations and Additions.

The Lessee shall not, without the prior written consent of Lessor, make any alterations, improvements or additions in or about the Leased Premises. All fixtures, improvements or additions made to the Leased Premises by Lessee shall become the property of the Lessor at the expiration or termination of the Lease, without compensation whatsoever to Lessee.

ARTICLE 7. GENERAL PROVISIONS.

7.1 Termination of Agreement.

7.1.1 Grounds for Termination. The City may, by written notice to the Chamber, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to the Chamber of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. The Chamber may, by written notice to the City, terminate this Agreement at any time and without cause by giving written notice to the City of such termination, and specifying the effective date thereof, at least (7) days before the effective date of such termination. Upon termination, the Chamber shall be compensated only for those Services which have been adequately rendered to City, and the Chamber shall be entitled to no further compensation.

7.1.2 Effect of Termination. If this Agreement is terminated in whole or in part as provided herein, the City may require the Chamber upon request to provide all finished or unfinished Documents and Data and other information of any kind prepared by the Chamber in connection with the performance of Services under this Agreement. The Chamber shall be required to provide such Documents & Data and other information within fifteen (15) days of the request.

7.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

7.2. 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:

Chamber: Colton Chamber of Commerce
655 N. La Cadena Drive
Colton, California 92324
Attn: President of Board of Directors

City: City of Colton
650 N. La Cadena Drive
Colton, California 92324
Attn: City Manager

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Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

7.3 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 embod ied 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 disket tes, which are prepared or caused to be prepared by the Chamber under this Agreement (“Documents & Data”) to the degree that the Chamber has been compensated. The Chamber shall require all subcontractors to agree in writing that the City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. The Chamber represents and warrants that the City has the legal right to license any and all Documents & Data. The Chamber makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than the Chamber or provided to the Chamber by the City. The City shall not be limited in its use of the Documents and Data based to the degree the Chamber ha s been compensated for work performed in accordance with Exhibit “A” – Scope of Services and Exhibit “C” - Compensation at any time, provided that any such use not within the purposes intended by this Agreement shall be at the City’s sole risk.

7.4 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided in connection with the performance of this Agreement shall be held confidential by the Chamber. Such materials shall not, without the prior written consent of City, be used by the Chamber for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any p erson or entity not connected with the performance of the Services.

Nothing furnished to the Chamber which is otherwise known to the Chamber or is generally known, or has become known, to the related industry shall be deemed confidential. The Chamber shall not use the City's name or insignia, photographs of any product of the Services, or any publicity pertaining to the Services in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

7.5 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 .

7.6 Attorneys Fees. If either Party commences an action against the other Party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation shall be entitled to have and recover from the losing Party reasonable attorney's fees and all other costs of such action.

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7.7 Indemnification. The Chamber shall defend, indemnify and hold the City and their directors, 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, in law or equity, to property or persons, including wrongful death, but only to the extent arising out of or incident to any actual, alleged or negligent acts, omissions or willful misconduct of the Chamber, its officials, officers, employees, agents and contractors arising out of the performance of the Services, or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The Chamber shall not be liable for the negligent acts, errors or omissions of the City. The Chamber shall defend, at the Chamber’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City and their directors, officials, officers, employees, volunteers or agents. The Chamber shall pay and satisfy any judgment, award or decree that may be rendered aga inst the City or their directors, officials, officers, employees, volunteers or agents, in any such aforesaid suit, action or other legal proceeding. The Chamber shall reimburse the City and their directors, officials, officers, employees, volunteers and/or agents, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided . The Chamber’s obligation to indemnify shall be restricted to insurance proceeds.

7.8 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

7.9 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

7.10 Time of Essence. Time is of the essence for each and every provision of this Agreement.

7.11 City's Right to Employ Other C onsultants. The City and Chamber, collectively, reserves right to employ other consultants in connection with this Project.

7.12 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties, and shall not be assigned by the Chamber without the prior written consent of City.

7.13 Assignment or Transfer. The Chamber 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.

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7.14 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 the Chamber include all personnel, employees, agents, and subcontractors of the Chamber, except as otherwise specified in this Agreement. All references t o the City include their respective directors, 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.

7.15 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

7.16 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

7.17 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. Notwithstanding the foregoing, the Parties agree that the City is an intended third party beneficiary under this Agreement.

7.18 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

7.19 Prohibited Interests. The Chamber maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for the Chamber, to solicit or secure this Agreement. Further, the Chamber 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 the Chamber, any fee, commission, percentage, brokerage fee, gift or other considera tion contingent upon or resulting from the award or making of this Agreement. 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.

7.20 Equal Opportunity Employment. The City represents that it is an equa l opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employ ment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be lim ited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or

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recruitment advertising, layoff or termination. The City shall also comply with all relevant provisions of the City's Minority Business Enterprise progr am, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

7.21 Labor Certification. By its signature hereunder, the Chamber 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.

7.22 Authority to Enter Agreement. The Chamber 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 ha ve the legal power, right, and authority to make this Agreement and bind each respective Party.

7.23 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

7.24 Subcontracting. The Chamber shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

[Signatures on following pages]

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Attachment: 22 23 Agreement with Chamber of Commerce (3632 : Chamber of Commerce Agreement - Fiscal Year 2022-2023)

CITY: CHAMBER:

CITY OF COLTON COLTON CHAMBER OF COMMERCE
a California municipal corporation a California non-profit corporation

By: _______________________ By: __________________________ William R. Smith,
City Manager Its: __________________________

ATTEST:

_____________________________
Carolina R. Padilla
City Clerk

APPROVED AS TO LEGAL FORM:

BEST BEST & KRIEGER LLP

By: _________________________
City Attorney

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Attachment: 22 23 Agreement with Chamber of Commerce (3632 : Chamber of Commerce Agreement - Fiscal Year 2022-2023)

Exhibit “A”
Chamber Quarterly Report on Activities
July 1, 2022 – June 30, 2023

Task Monthly Activities
Networking Events/Speaking
Engagements

Monthly Newsletter Article

City / Chamber Website

Business Development Workshops

Master Calendar

Information/Visitors Information

Legislative Briefings

Business Legislation

Grand Openings/Ribbon
Cuttings/Mixers

Business Contacts/Concerns

Promotions/Special Events

Mentoring/Educational Opportunities

Business Liaison/Referral
Services/Annual Survey

Market Night
Young Professionals Development

Alliance Building

Office Assistance

Monthly Reporting (Delivered
Quarterly)

Contract is not-to-exceed $25,000 for Fiscal Year 2022 – 2023.

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Attachment: 22 23 Agreement with Chamber of Commerce (3632 : Chamber of Commerce Agreement - Fiscal Year 2022-2023)

Exhibit “B”
Chamber of Commerce – Square Footage

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Attachment: 22 23 Agreement with Chamber of Commerce (3632 : Chamber of Commerce Agreement - Fiscal Year 2022-2023)

ITEM NO. 19

STAFF REPORT

DATE: JUNE 21, 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 RESOLUTION AUTHORIZING THE ANNUAL

ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) FOR
FEDERAL FISCAL YEAR 2022/2023, RESOLUTION NO. R-76-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the Resolution No. R -76-22 (Exhibit A) authorizing the Feder al Fiscal Year 2022/2023 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) of

13.9 % and the methodology that is presented herein, and authorize the City Manager or his Designee to execute the DBE Annual Submittal Forms.

BACKGROUND

In 1984, City Council first adopted the Disadvantaged Business Enterprise (DBE) Program as required by 49 CFR Part 26. The program defines disadvantaged businesses and percentage goals for federally funded or assisted public works contracts to be awarded each year. The California Department of Transportation (Caltrans) has been entrusted with local agency oversight responsibility for DBE implementation since 1999, and as such, has the responsibility of overseeing Colton’s DBE Program. The DBE Program is intended to remedy past and current discrimination against DBEs, ensure a level playing field, and foster equal opportunity in federal-aid contracts.

On June 29, 2012, California Department of Transportation (Caltrans) announced that the U.S.

Department of Transportation (US DOT) has informed Caltrans that the Disadvantaged Business Enterprise (DBE) program waiver granted on August 7, 2008, has been rescinded. That waiver allowed race-conscious (RC) contract goals to be limited to African Amer icans, Asian Pacific 19 Packet Pg. 759
Staff Report to the Mayor and City Council
DBE Participation Level - Federal Fiscal Year 2022/2023 June 21, 2022

Americans, Native Americans, and Women. With rescission of the waiver, contract goals for federally funded projects authorized on and after July 1, 2012, must include all DBE groups (African Americans, Asian Pacific American, Native Am erican, Women, Hispanic American, and Subcontinent Asian American and any other groups whose members are certified as socially and economically disadvantaged). This is referred to as the New RC DBE Program.

ISSUES/ANALYSIS

On May 19, 2009, the City Council approved the Race-Conscious Implementation Agreement with Caltrans. The City is now required to annually submit the AADPL calculation and methodology for Caltrans’ approval. The DBE methodology and calculation used to determine the AADPL together with the DBE implementation agreement, and the American with Disabilities Act (ADA) annual certification form are attached as exhibit to Resolution No. R-76-

22. Public Works staff identified two federally-funded transportation projects that are expected to be awarded for construction phase during the 2022/2023 Federal Fiscal Year (October 1, 2022 to September 30, 2023). These projects are as follows:

1. La Cadena Drive (over Santa Ana River) Bridge Replacement Project ($20,236,258) –Construction Phase

2. Mt. Vernon Avenue (over UPRR) Bridge Widening Project ($17,479,676) – Construction Phase
To calculate the New RC DBE, the total number of DBEs within each project’s market area from the Caltrans DBE database is compared to the total number of businesses (DBE and non-DBE) performing the same services based on information from the US Census Bureau database. The market areas vary by project and were selected by determining the location of the bidders for similar projects within the past several years. Using the projects’ race-conscious percentage, a weighted average was calculated to determine the City of Colton’s AADPL for Federal Fiscal Year 2022/2023. The results of the calculations are as follows:

AADPL = New Race-Conscious DBEs = 13.9 %
After the City Council approval, the Fiscal Year 2022/2023 AADPL and methodology will be submitted to Caltrans. The City will use every opportunity to implement good faith effort to meet the New RC DBE goal of 13.9 % for projects with federal funding.

FISCAL IMPACTS

There is no fiscal impact associated with this recommendation. However if the DBE goal is not approved, the City may become ineligible for federal grants obtained to date and any future federal grant funding application. An approved DBE goal is also necessary for project authorization and reimbursement of any projects with federal funding.

19 Packet Pg. 760
Staff Report to the Mayor and City Council
DBE Participation Level - Federal Fiscal Year 2022/2023 June 21, 2022

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Resolution FY 22-23 DBE
19 Packet Pg. 761
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BRESOLUTION NO. R-76- 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

APPROVING THE ANNUAL ANTICIPATED DBE PARTICIPATION LEVEL (AADPL) FOR FEDERAL FISCAL YEAR 2022/2023 AND AUTHORIZING THE CITY

MANAGER OR HIS /HER DESIGNEE TO SIGN THE DBE ANNUAL SUBMITTAL FORM ON BEHALF OF THE CITY OF COLTON.

WHEREAS, the City of Colton intends to apply for Federal-Aid projects related to transportation, streets, and roads; and

WHEREAS, to be eligible for such Federal -Aid projects, the Federal Highway Administration and the California Department of Transportation (Caltrans) requires agencies to implement Caltrans' New Race-Conscious Disadvantaged Business Enterprises (DBE) Program; and

WHEREAS, Exhibit 9A (DBE Implementation Agreement), Exhibit 9B (DBE Annual Submittal Form) and Exhibit 9C (ADA Annual Certification Form) as attached on this resolution are required Disadvantaged Business Enterprise (DBE) Annual Submittal Forms provided by Caltrans that meets their requirements and the City Council wishes to meet the requirements of the Federal and State authorities and promotes the inclusion of Disadvantaged Business Enterprises in said projects; and

WHEREAS, the City Council approved the attached Exhibits as the City of Colton’s Disadvantaged Business Enterprise (DBE) Annual Submittal Form for Federal Fiscal Year 2022/2023.

NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council approves the Federal Fiscal Year 2022/2023 Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level (AADPL) and authorizes the City Manager or his designee to sign the Disadvantaged Business Enterprise (DBE) Annual Submittal Forms for Federal Fiscal Year 2022/2023 on behalf of the City of Colton.

PASSED, APPROVED AND ADOPTED this 21st day of June 2022.

_______________________________
Frank J. Navarro
Mayor
ATTEST:

___________________________
Carolina R. Padilla
City Clerk

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies

September 2020

Exhibit 9-A: DBE Implementation Agreement for Local Agencies

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)

DISADVANTAGED BUSINESS ENTERPRISE (DBE) IMPLEMENTATION AGREEMENT

For the City of ____Colton___________________, hereinafter referred to as “SUB-RECIPIENT.” I. Definition of Terms
The terms used in this agreement have the meanings defined in 49 CFR 26.5.

II. Objective/Policy Statement (49 CFR 26.1 and 26.23)
SUB-RECIPIENT intends to receive federal financial assistance from the U. S. Department of Transportation (DOT) through the California Department of Transportation (Caltrans), and as a condition of receiving this assistance, SUB-RECIPIENT will sign the California Department of Transportation Disadvantaged Business Enterprise Implementation Agreement (hereinafter referred to as Agreement). SUB-RECIPIENT agrees to implement the State of California, Department of Transportation Disadvantaged Business Enterprise (DBE) Program Plan (hereinafter referred to as the DBE Program Plan) as it pertains to Local Agencies. The DBE Program Plan is based on U.S. Department of Transportation (DOT), 49 CFR 26 requirements.

It is the policy of SUB-RECIPIENT to ensure that DBEs, as defined in 49 CFR 26, have an equal opportunity to receive and participate in DOT-assisted contracts. It is also SUB- RECIPIENT’s policy:
• To ensure nondiscrimination in the award and administration of DOT-assisted contracts. • To create a level playing field on which DBE’s can compete fairly for DOT-assisted contracts.
• To ensure that the DBE participation percentage is narrowly tailored, in accordance with applicable law.
• To ensure that only firms that fully meet 49 CFR 26 eligibility standards are permitted to participate as DBEs.
• To help remove barriers to the participation of DBEs in Federal-aid contracts. • To assist the development of firms that can compete successfully in the market place outside the DBE Program.

III. Nondiscrimination (49 CFR 26.7)
SUB-RECIPIENT will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the Local Agency components of the DBE Program Plan, SUB- RECIPIENT will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies

September 2020

IV. Annual DBE Submittal Form (49 CFR 26.21)
SUB-RECIPIENT will provide to the Caltrans District Local Assistance Engineer (DLAE) a completed Local Agency DBE Annual Submittal Form (Exhibit 9-B), by June 30 of each year for the following Federal Fiscal Year (FFY). This form must include the name, phone number, email address of the designated Disadvantaged Business Enterprise Liaison Officer (DBELO), and the choice of Prompt Pay Provision to be used by SUB-RECIPIENT for the following FFY.

V. Race-Neutral Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR

26.51(a))
Caltrans expects SUB-RECIPIENT to meet the maximum feasible portion of Caltrans Overall Statewide Annual DBE Goal through race-neutral means of facilitating DBE participation. Race- neutral DBE participation includes when a DBE wins a prime contract through customary competitive procurement procedures, is awarded a subcontract on a prime contract that does not carry a DBE goal, or even if there is a DBE goal, wins a subcontract from a prime contractor that did not consider its DBE status in making the award (e.g., a prime contractor that uses a strict low-bid system to award subcontracts). Race-neutral means include, but are not limited to, the following:

1. Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways that facilitate the participation of DBE and other small businesses (e.g., unbundling large contracts to make them more accessible to small businesses, requiring or encouraging prime contractors to subcontract portions of work that they might otherwise perform with their own forces);

2. Providing assistance in overcoming limitations such as inability to obtain bonding or financing (e.g., by such means as simplifying the bonding process, reducing bonding requirements, eliminating the impact of surety costs from bids, and providing services to help DBEs and other small businesses obtain bonding and financing);

3. Providing technical assistance and other services;

4. Carrying out information and communication programs on contracting procedures and specific contract opportunities (e.g., ensuring the inclusion of DBEs and other small businesses on SUB-RECIPIENT mailing lists of bidders; ensuring the dissemination to bidders on prime contracts of lists of potential subcontractors; provision of information in languages other than English, where appropriate);

5. Implementing a supportive services program to develop and improve immediate and long-term business management, record keeping, and financial and accounting capability for DBEs and other small businesses;

6. Providing services to help DBEs and other small businesses improve long-term development, increase opportunities to participate in a variety of types of work, handle increasingly significant projects, and achieve eventual self-sufficiency;

7. Establishing a program to assist new, start-up firms, particularly in fields in which DBE participation has historically been low;

8. Ensuring distribution of your DBE directory through print and electronic means to the widest feasible universe of potential prime contractors; and

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9. Assisting DBEs and other small businesses to develop their capability to utilize emerging technology and conduct business through electronic media.

VI. Race-Conscious Means of Meeting Caltrans Overall Statewide Annual DBE Goal (49 CFR

26.51(d))
SUB-RECIPIENT must establish DBE contract goals to meet any portion of Caltrans Overall Statewide Annual DBE Goal that cannot be achieved through race-neutral means.

VII. Quotas (49 CFR 26.43)
SUB-RECIPIENT will not use quotas or set-asides in any way in the administration of the Local Agency component of the DBE Program Plan.

VIII. DBE Liaison Officer (DBELO) (49 CFR 26.25)
SUB-RECIPIENT has designated a DBE Liaison Officer. The DBELO is responsible for implementing the DBE Program Plan as it pertains to the SUB-RECIPIENT, and ensures that the SUB-RECIPIENT is fully and properly advised concerning DBE Program Plan matters. [Specify resources available to the DBELO; e.g., the DBELO has a staff of two professional employees assigned to the DBE program on a full-time basis and two support personnel who devote a portion of their time to the program.] The name, address, telephone number, email address, and an organization chart displaying the DBELO’s position in the organization are found in Attachment A to this Agreement. This information will be updated annually and included on the DBE Annual Submittal Form.

The DBELO is responsible for developing, implementing, and monitoring the SUB-RECIPIENT’s requirements of the DBE Program Plan in coordination with other appropriate officials. Duties and responsibilities include the following:

1. Gathers and reports statistical data and other information as required.

2. Reviews third party contracts and purchase requisitions for compliance with this program.

3. Works with all departments to determine DBE contract goals.

4. Ensures that bid notices and requests for proposals are made available to DBEs in a timely manner.

5. Analyzes DBE participation and identifies ways to encourage participation through race- neutral means.

6. Participates in pre-bid meetings.

7. Advises the CEO/governing body on DBE matters and DBE race-neutral issues.

8. Provides DBEs with information and recommends sources to assist in preparing bids, obtaining bonding and insurance.

9. Plans and participates in DBE training seminars.

10. Provides outreach to DBEs and community organizations to fully advise them of contracting opportunities.

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies

September 2020
IX. Federal Financial Assistance Agreement Assurance (49 CFR 26.13) Each agreement SUB-RECIPIENT signs with Caltrans must include the following assurance:

The SUB-RECIPIENT shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT-assisted contract, or in the administration of its DBE Program, or the requirements of 49 CFR 26. The SUB-RECIPIENT shall take all necessary and reasonable steps under 49 CFR 26 to ensure nondiscrimination in the award and administration of DOT-assisted contracts. The SUB-RECIPIENT’s DBE Program, as required by 49 CFR 26 and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the SUB-RECIPIENT of its failure to carry out its approved program, Caltrans may impose sanctions as provided for under 49 CFR 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

Each contract Sub-recipient signs with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance:

The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Sub-recipient deems appropriate.

X. DBE Financial Institutions (49 CFR 26.27)
SUB-RECIPIENT must investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community to make reasonable efforts to use these institutions, and to encourage prime contractors on DOT-assisted contracts to make use of these institutions.

Information on the availability of such institutions can be obtained from the DBELO. The Caltrans Disadvantaged Business Enterprise Program may offer assistance to the DBELO.

XI. Directory (49 CFR 26.31)
SUB-RECIPIENT will refer interested persons to the Unified Certification Program DBE directory available from the Caltrans Disadvantaged Business Enterprise Program’s website.

XII. Required Contract Clauses (49 CFR 26.13 and 26.29) For the purpose of this section, contractor also means consultant, and subcontractor also includes subconsultant. For prompt payment, the following State regulations are referenced: the California Business and Professions Code (CBPC), California Public Contract Code (CPCC) and California Civil Code (CCC).

SUB-RECIPIENT ensures that the following clauses or equivalent will be included in each DOT- assisted prime contract:

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies

September 2020
A. Contract Assurance
The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR 26 in the award and administration of DOT-assisted contracts.

Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as SUB- RECIPIENT deems appropriate.

NOTE: This language is to be used verbatim, as is stated in Exhibit 12-G: Required Federal- aid Contract Language. See also 49 CRF 26.13(b).

B. Prompt Payment
Prompt Progress Payment to Subcontractors
The Local Agency shall require contractors and subcontractors to pay their subcontractors within seven (7) days for construction contracts, and within fifteen (15) days for consultant contracts, after receiving each progress payment. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions and remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contract, and Section 3321 of the CCC for consultant contract. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Prompt Payment of Withheld Funds to Subcontractors
The Local Agency shall ensure prompt and full payment of retainage from the prime contractor to the subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed and accepted. This shall be accompanied by including; either (1), (2), or (3) of the following provisions [Local Agency equivalent will need Caltrans approval] in their federal-aid contracts to ensure prompt and full payment of retainage [withheld funds] to subcontractors in compliance with 49 CFR 26.29.

1. No retainage will be held by the Local Agency from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

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September 2020

2. No retainage will be held by the Local Agency from progress payments due to the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance, and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

3. The Local Agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the Local Agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days for construction contracts, or within fifteen (15) days for consultant contracts after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Local Agency. Any delay or postponement of payment may take place only for good cause and with the Local Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the CBPC and Section 10262 of the CPCC for construction contracts, and Section 3321 of the CCC for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance; and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

XIII. Local Assistance Procedures Manual (LAPM)
The SUB-RECIPIENT will advertise, award and administer Federal-aid contracts in accordance with the current Local Assistance Procedures Manual (LAPM) including Forms and Exhibits.

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September 2020
XIV. Vehicle Manufacturers/Specialized Equipment (§26.49) If Federal-aid contracts will include vehicle/specialized equipment procurements, SUB- RECIPIENT will require each vendor, as a condition of being authorized to bid or propose on vehicle/specialized equipment procurements, to certify that it has complied with the requirements of 49 CFR 26.69.

XV. Reporting to the DLAE
SUB-RECIPIENT will promptly submit a copy of the Consultant Proposal DBE Commitment (Exhibit 10-O1) at the time of award of the consultant contract.

SUB-RECIPIENT will promptly submit a copy of Consultant Contract DBE Information (Exhibit 10-O2) or the Local Agency Bidder DBE Commitment (Construction Contracts) (Exhibit 15-G) to the DLAE within 30 days after execution of consultant or construction contract.

SUB-RECIPIENT will promptly submit a copy of the Final Report-Utilization of DBE, First-Tier Subcontractors (Exhibit 17-F) of the LAPM, immediately upon completion of each consultant or construction contract.

XVI. Certification (§26.83(a))
SUB-RECIPIENT ensures that only DBE firms currently certified by the California Unified Certification Program (CUCP) will participate as DBEs on Federal-aid contracts.

XVII. Confidentiality
SUB-RECIPIENT will safeguard from disclosure to third parties, information that may reasonably be regarded as confidential business information consistent with federal, state, and local laws.

XVIII. Prompt Payment from the Local Agency to the Contractors (California Public Contract Code §20104.50)
The Local Agency shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract. If the Local Agency fails to pay promptly, the Local Agency shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the Local Agency shall act in accordance with both of the following:

(1) Each payment request shall be reviewed by the Local Agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
(2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual Exhibit 9-A DBE Implementation Agreement for Local Agencies

September 2020

By: _________________________________________ Date: _____________________________ (Signature)

__William R. Smith, City Manager_____________ Phone #: _(909) 370-5051_______________ (Print Name and Title)

ADMINISTERING AGENCY
(Authorized Governing Body Representative)

This California Department of Transportation’s Disadvantaged Business Enterprise Program Implementation Agreement is accepted by:

_________________________________________ Date: _____________________________ (Signature of DLAE)

_________________________________________
(Print Name of DLAE)

Distribution: (1) Original – DLAE
(2) Signed copy by the DLAE – Local Agency

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Attachment A

CITY OF COL TON

PUBLIC WORKS/ ENGINEERING DIVISION

ORGANIZATIONAL CHART
'
\..

Project Manager
Ed Vasquez
Utilities Engineer
Jess Sotte, P £
DBELO:

Victor Ortiz, PE
Asst. PW Director/City Engineer.
160 S. 10th St., Colton, CA 92324
Tel. (909) 514-4210
[email protected]

PW/UTILITIES DIRECTOR

BRIAN DICKINSON
ASST. PW DIR./CITY ENGINEER
Victor Ortiz, PE - DBELO
Associate Engineer
Moises Pera1t9, EIT
'I
..I
..I
PW Inspector
Carlos Esquer
Engineering Assistant
Tanya Garcia

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form

3 September 2020
Exhibit 9-B: Local Agency DBE Annual Submittal Form
TO: CALTRANS DISTRICT _8______
District Local Assistance Engineer

The information for Exhibit 9-B presented herein is in accordance with Title 49 of the Code of Federal Regulations (CFR), Part 26, and the State of California Department of Transportation (Caltrans) Disadvantaged Business Enterprise (DBE) Program Plan.

The City of __Colton__________________________________________________________________ submits our annual 9-B information for the Federal Fiscal Year _22_ /_23_ , beginning on October 1 and ending on September 30.

Disadvantaged Business Enterprise Liaison Officer (DBELO) Victor Ortiz, P.E.

Public Works Department
160 South 10th Street
Colton CA 92324
Tel. (909) 370-5065
Fax (909) 370-5072
Email [email protected]
Planned Race-neutral Measures
The City of Colton plans to implement for the upcoming Federal Fiscal Year 202 2/2023 per 49 CFR 26.51 and Section V of the Caltrans DBE Program Implementation Agreement for Local Agencies by advertising all the projects with local and regional newspaper, and trade journals indicating the DBE requirement of the projects. The City also plans to hold mandatory pre-bid meetings when necessary to ensure compliance with all DBE requirements of the projects.

The City of Colton utilized the 2020 Census Bureau Data, CUCP DBE Directory, and all Federal Funded Projects expected to be completed for FY 2022/2023 to establish the AADPL for Federal Fiscal Year FY 2022/2023. We have established an AADPL of 13.9% for New Race-Conscious (RC) DBE (Please see attachment identifying the methodology used to determine the AADPL and calculations to determine the DBE Goal).

Prompt Pay
49 CFR 26.29(b) requires one of three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor. (Attached is a listing of the three methods. On the attachment, please designate which prompt payment provision the L ocal Agency will use.)
Prompt Pay Enforcement Mechanism
49 CFR 26.29(d) requires providing appropriate means to enforce prompt payment. These means may include appropriate penalties for failure to comply with the terms and conditions of the contract. The means may also provide that any delay or postponement of payment among the parties may take place only for good cause with the Local Agency’s prior written approval. Please briefly describe the monitoring and enforcement mechanisms in place to ensure that all subcontractors, including DBEs, are promptly paid.

The City's monitoring and enforcement mechanism is in- place to ensure that all subcontractors, including DBEs, are promptly paid include the following:

• Establish a contract clause that requires prime contractors to pay subcontractors for satisfactory performance of their contracts no later than 30 days from receipt of each payment from the agency.

• Establish a contract clause that requires prime contractors to include in their subcontracts language providing that prime contractors and subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes.

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form

3 September 2020

• Establish a contract clause providing that the prime contractor will not be reimbursed for work performed by subcontractors unless and until the prime contractor ensures that the subcontractors are promptly paid for the work they have performed.

(Signature) (Date)

William R. Smith, City Manager (909) 370-5051
(Print Name and Title) (Phone Number)

ADMINISTERING AGENCY
(Authorized Governing Body Representative)

(Signature of Caltrans District Local Assistance Engineer) (Date)

Distribution: (1) Original – DLAE
(2) Signed copy by the DLAE – Local Agency

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual EXHIBIT 9-B
Local Agency DBE Annual Submittal Form

3 September 2020
(Attachment)

Prompt Payment of Withheld Funds to Subcontractors

Federal regulation (49 CFR 26.29(b)) requires one of the following three methods be used in federal-aid contracts to ensure prompt and full payment of any retainage kept by the prime contractor or subcontractor to a subcontractor.

Please check the box of the method chosen by the Local Agency to ensure prompt and full payment of any retainage.

Method 1: No retainage will be held by the agency from progress payments due to the prime

contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts.

This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

Method 2: No retainage will be held by the agency from progress payments due to the prime

contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in seven (7) days for construction contracts and fifteen (15) days for consultant contracts after the subcontractor’s work is satisfactorily completed. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

X Method 3: The agency shall hold retainage from the prime contractor and shall make prompt and

regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days for construction contracts and fifteen (15) days for consultant contracts after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non- DBE subcontractors.

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Methodology

The process for establishing the Annual Anticipated DBE Participation Level (AADPL) was derived from data gathered from the U.S. Census Bureau - 2020 County Business Patterns (NAICS) and California Department of Transportation (Caltrans) Civil Rights Program. The data was gathered based upon four counties in which City of Colton lies and neighbors. These four counties include Los Angeles, Orange, Riverside, and San Bernardino, in the State of California.

The U.S. Census Bureau's Economic Census and the County Business Patterns contain all business and minority business data which are to be compiled as of the latest published version. For the purpose of calculating the City's overall D BE goal, we used these neighboring counties as the market area. Those jurisdictions and municipalities most closely reflect the same jurisdictions where businesses are located that typically participate in the bid process for DBE projects awarded by the City of Colton. Also, in researching the most reliable sources of data available to complete our calculations, it was discovered that the best data could be obtained for the jurisdictions and municipalities contained in these areas.

In order to establish the City of Colton's base figure reflecting the relative availability of DBEs in relation to all comparable firms available to participate in the City's DOT assisted and other federally funded contracts. T he City elected to use t he Directory of Certified Firms with Census Bureau Data methodology. The strategy used to determine DBE availability involved a multi-step process. First, we identified the major work types (North American Industrial Classification System - NAICS) for the contr acts anticipated for award in the upcoming fiscal year. Second, using the United States Census Bureau's 2020 County' Business Patterns data, we identified the businesses located in the counties noted for which data was available and recorded the number of businesses found for each work type. This particular database was used because it contained the most recent information available for counting the number of businesses located in the jurisdiction for each work type. Then, using Caltrans' database of DBE fi rms, we queried DBE firms for the appropriate NAICS codes and license type. Using that list, we identified the DBE firms ready, willing and able to perform services in our market area. Projected DOT and Federally assisted contracts by work type and NAICS Code For FY 2022/2023, we took the dollar value of work related to each work type (from the chart of federal DBE projects anticipated for award for the fiscal year) and calculated the percentage of federal funds applicable to each work type. Then, using Caltrans' Directory of Certified firms, we determined the availability of DBE firms for each work type by dividing the number of DBEs in the directory by the number of firms found in the census bureau data for each work type. Using the same Caltrans directory, Disadvantage Business Enterprise ( DBE) Male firms (African Americans, Asian Pacific American, Native American , Hispanic American, and Subcontinent Asian American and any other groups whose members are certified as socially and economically disa dvantaged), and women owned firm were further set aside to calculate for the Race Neutral DBE. AADPL calculations for New Race Neutral DBEs are shown on the succeeding page.

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Counties 237310 238210 541330 541370 541380
Highway Electrical Engineering Surveying Lab. Testing
Los Angeles 76 2147 1687 67 189
Orange 67 889 1221 46 154
Riverside 56 605 301 40 36
San Bernardino 46 446 230 32 39
Total Establishment 245 4087 3439 185 418
FY 2022-2023 Annual DBE Submittal
Establishment Located in Market Area
From U.S. Census 2020 County Business Patterns (NAICS)

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year NAICS Code - Trade/Work
Working in MA Located in MA Working in MA Located in MA Working in MA Located in MA 237310 - Highway 69 14 166 26 235 40
238210 - Electrical 36 6 127 15 163 21
541330 - Engineering 139 21 311 26 450 47
541370 - Surveying 29 4 52 12 81 16
541380 - Lab. Testing 36 7 45 12 81 19
Total 309 52 701 91 1010 143
FY 2022-2023 Annual DBE Submittal
DBE Female DBE Male All DBE Firms
From Caltrans DBE Website

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year Projects 237310 238210 541330 #541370 #541380 Total
Highway & Bridges Electrical Engineering Surveying Geotech/Testing 1 La Cadena Bridge (Santa Ana River) Replacement 16,929,355.00$ 450,000.00$ 2,606,903.25$ 130,000.00$ 120,000.00$ 20,236,258.25 2 Mt. Vernon Bridge over UPRR Widening $14,681,892.50 370,000.00$ 2,257,783.88$ 90,000.00$ 80,000.00$ 17,479,676.38 -
Total 31,611,247.50$ 820,000.00$ 4,864,687.13$ 220,000.00$ 200,000.00$ 37,715,934.63$ Weighted % 0.838 0.022 0.129 0.006 0.005 1.00 FY 2022-2023 Annual DBE Submittal
NAICS Code

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) (A) Total Establishment Located in
Market Area (from CBP table)
All Female DBE Firms Working in
Market Area (from CUCP
Female DBE Located in Market
Area
All Male DBE Firms Working in
Market Area (from CUCP
Male DBE Located in Market
Area
Total DBE Firms Working in
Market Area (from CUCP
(C) Total DBE Firms Located in
Market Area (from CUCP
(D) Weight

C C C C C

A A A A A
40 21 47 16 19
245 4087 3439 185 418
= (( ) + ) + ( ) + ( ) + ( ))x 100%
=
#237310
Highway/Bridge
#238210
Electrical
#237310
26 AADPL = New RC DBE =
245 4087
69 36
14 6
X D(( )+(
166
235
15 127
=

13.9%
(( X )+(

0.1368 0.0001

0.838 X 0.022 )+(
#238210
163
X D )+(
40 21

0.0220.838
29 21 4
311 52

0.129 0.006
26 12
450 81
47 X D )+(
X 0.129 )+(

0.0018 0.0002
#541370
Engineering
#541330 #541370
X D
X 0.006

0.0005
)+(
)+(
Surveying
3439 185
139
16 FY 2022-2023 Annual DBE Submittal

NAICS CODES
)) x0.005X
)) xDX 100%
100%
#541380
Lab. Testing
418
36 7
45 12
81 19

0.005
#541380
#541330

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form

January 2021
Exhibit 9-C: Local Agency Americans with Disabilities Act (ADA) Annual Certification Form

Local Agency ADA Annual Certification Form
49 CFR 27: Nondiscrimination on the Basis of Disability in Programs or Activities
Receiving Federal Financial Assistance

Local Agency: _City of Colton_____________________________ State Fiscal Year (July 1-June 30): _FY 22/23_________________

I. Name of ADA / 504 Liaison Officer: __Brian Dickinson_____________________________ Telephone Number: (909) 370-6196
E-mail Address: [email protected]___________________________________

NOTE: Section 504 applies to federally funded programs and ADA applies to state and local government funded programs (Title II). An ADA Officer is only required if the agency has 50 or more employees.*

II. ADA Grievance / Complaint Procedure Adopted?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of adoption:

NOTE: An ADA Officer is only required if the agency has 50 or more employees.*

III. Self-evaluation completed?
Yes: X No: ______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of completion:

NOTE: All public entities receiving federal funds are required to complete a self-evaluation. Agencies are required to review and make modifications as needed to the self-evaluation to ensure there is non-discrimination on the basis of disability. Local agencies shall implement a system for periodically reviewing and updating self-evaluations and, if applicable, transition plans. As a best practice, it is recommended to review the self-evaluation every three years prior to submitting or adopting the four-year Transportation Improvement Program.

* The Section 8.1000 in Title II, Technical Assistance Manual states, “How does a public entity determine whether it has 50 or more employees? Determining the number of employees will be based on a governmentwide total of employees, rather than by counting the number of employees of a subunit, department, or division of the local government. Part-time employees are included in the determination.”

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023) Local Assistance Procedures Manual EXHIBIT 9-C
Local Agency ADA Annual Certification Form

January 2021
IV. Transition Plan completed?
Yes: X No: _______
If yes, date of completion/last updated: July 21, 2021 If no, planned date of completion:

NOTE: In the event that structural changes to facilities will be undertaken to achieve program accessibility, a public entity with 50 or more employees are required to develop a transition plan.* The transition plan is the action plan developed from the results of the self-evaluation. As a best practice, it is recommended to update the transition plan every three to five years after completion of the recommended self- evaluation and to update the schedule of ADA compliant changes that will be accomplished.

V. Have your agency’s policies, procedures, and criteria for implementing ADA compliance improvements in maintenance and capital improvement programs been reviewed? Yes: X No:

Were deficiencies found?
Yes: X No:

If deficiencies were found, have the agency’s ADA plans been revised to correct those deficiencies? Yes: X No:

VI. Does the agency have procedures to obtain approval from the Division of State Architect (DSA) for design packages consistent with State law?
Yes: X No:

DSA website: https://www.dgs.ca.gov/DSA/Resources/Page-Content/Resources-List-Folder/Accessibility- Plan-Review
Reminder: State of California Government Code Sections 4450 - 4454 requires DSA to review and approve the plans and specifications to all buildings, structures, sidewalks, curbs and related facilities constructed in the state, using state, county or municipal funds, or the funds of any political subdivision of the state. These facilities shall be accessible to and usable by persons with disabilities. Please reference Section 9.3 of the Local Assistance Procedures Manual for submittal of design packages to DSA.

The DSA has limited their review to “Safe Routes to School” projects. For ATP Projects, the California Transportation Commission considers Safe Routes to School projects as those “that directly increase safety and convenience for public school students to walk and/or bike to school. Safe Routes to Schools infrastructure projects must be located within two miles of a public school or within the vicinity of a public - school bus stop and the students must be the intended beneficiaries of the project.”

VII. Are agency’s Standard Plans reviewed and updated on an ongoing basis for full ADA and California Accessibility compliance?
Yes: X No:

Date:

Signature
(ADA Liaison Officer)

Distribution: (1) Original - DLAE

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Attachment: Exhibit A - Resolution FY 22-23 DBE (3674 : DBE Participation Level - Federal Fiscal Year 2022/2023)

ITEM NO. 20

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE EMERGENCY UPDATE & CONTINUANCE - M STREET LINE REPAIR.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the continuance of Emergency under Colton Municipal Code Section 3.08.130(A) to make critical repairs to the Colton’s Transmission/Distribution system as soon as possible.

Staff will return to council after the work is fully complete to provide notice of completion and the termination of the emergency declaration.

BACKGROUND

On January 12 th, 2022, at approximately 2:10 pm, the Century sub trip ped offline due to the likely cause of either SCE 115 kV Transmission line arcing or a tree fire. This closed all circuits connected to the Century Substation, or the entire Southeast wing of the City. The nature of this outage created a major explosion and subsequent fire as well as a power line whiplash in the area of the outage. The result of these events caused major damage to Colton’s interconnecting 66 kV line and pole infrastructure. The damage to this line spans across Transmission lines and critica l distribution lines. Colton’s line crews do not have the capability to make the repairs to these higher voltage lines due to lack of equipment needed and manpower. This repair work is critical to the safety and grid stability of the Century sub area.

As a result of this situation, Public Works and Utility Services staff is requesting Emergency repair work to be contracted through an internal competitive process (not formal or informal) and to be approved and performed as soon as possible.

20 Packet Pg. 783
Staff Report to the Mayor and City Council
Emergency Update - M Street Line Repair
June 21, 2022

As of June 8 th, Diversified has all parts and materials in possession and is scheduled to perform the emergency work on the evening of June 10th-11th.

ISSUES/ANALYSIS

Public Contract Code section 22050(a) authorizes the City to proceed with awarding a public works contract to perform emergency work without giving notice for bids upon adoption by the City Council by a four -fifths vote of a resolution finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that the action is necessary to respond to the emergency. Pursuant to Section 3.08.130 of the City’s Municipal Code and Public Contract Code section 22050(b), the City Council delegated authority to make an emergency determination and award a contract to perform emergency work to the City Manager.

The City Manager determined this work constituted an emergency that did not permit undergoing the formal competitive bidding process because this repair work is critical to the safety and grid stability of the Century sub area.

In order to mimic a competitive process, staff sent the request to five qualified contractors and two responded. Diversified Utility Services, Inc. was selected as the least cost/best fit provider and final contracting has been completed. Diversified has ordered parts and deliveries are pending at this time. The contract required a change order of $10,886.06 (bringing the total contract cost to $102,060.06) as a result of wire supply purchase requirements and City Council approved the change on May 3 rd, 2022. Diversified has ordered all parts and materials ready for installation and repair on June 10th and 11th.

Now, pursuant to Colton Municipal Code Section 3.08.130(A) and Public Contract Code section 22050(b)(3), the City Manager must report to the City Council the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. In turn, pursuant to Public Contract Code section 22050(c)(2), th e City Council must review the emergency action by the City Manager and determine, by a four-fifths vote, there is a need the continue the action.

With work to be complete on the 10 th and 11th, there is an anticipated outage duration of 1 hour in the Southeastern segment of the City and Ecology will be out during the duration of the work overnight. Communications were sent out notifying applicable customers and the outage duration was negotiated by staff to be minimized wherever safe and feasible. The cont ractor reported that the outage duration cannot occur during the early morning hours as the nature of the repairs do not allow anything other than the front end outage. The following are items to note:

- Diversified crews will arrive and prepare materials by 8pm on June 10th - The 66kV feeding the Southeast wing of the City (Century sub – All Circuits) will begin outage at 9pm on the 10th. It is expected to last less than 1 hour. 20 Packet Pg. 784
Staff Report to the Mayor and City Council
Emergency Update - M Street Line Repair
June 21, 2022

- Ecology will be out from 9pm until about 7am. Office power will remain, but their sub will be down.
o The street lights at M Street and Mt. Vernon will also be out for this duration and line crews will provide temporary replacement.
- Colton Line crews will be on site in case any event requires their assistance and to ensure minimal outage durations.

FISCAL IMPACTS

Sufficient appropriations for the approved total contract of $102,060.06 for the repairs on M - Street are available in the adopted FY2021 -22 Budget in Electric Fund Professional Services Account Number 520 -8004-2350-0923-000. The goal is to complete the emergency work as soon as possible with minimal downtime and during the evening hours. Diversified will have the work completed on June 10 th and 11 th, with an anticipated outage duration of 1 hour in the Southeastern area of the city.

ALTERNATIVES

Provide alternative direction to Staff.
20 Packet Pg. 785

ITEM NO. 21

STAFF REPORT

DATE: JUNE 21, 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 RESOLUTION R-81-22, ORDERING THE LEVY FOR ASSESSMENTS FOR IMPROVEMENT DISTRICT "A" (JAMES
SULLIVAN MUTUAL WATER COMPANY), RESOLUTION NO. R-
81-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the attached resolution authorizing the 2022 -2023 a nnual levy of tax assessments for Improvement District “A” (James Sullivan Mutual Water Company), and

2. Approve the attached Auditor -Controller/Treasurer/Tax Collector Agreement for Collection of Special Taxes, Fees, and Assessments for Fiscal Year 2022-23, and

3. Staff recommends that the Colton Utility Authority Board review, ratify and to the extent necessary, recommend that the City Council take the above action(s).

BACKGROUND

In 1988 the City of Colton adopted Resolution R-38-88, establishing a fiscal structure to repay the loan associated with the reconstruction of water facilities of the James Sullivan Mutual Water Company, Improvement District “A”, and establishing a list of unpaid assessments over a 35 year amortized payment schedule.

The City has determined that the amount of required tax to be levied per share for the 2022 -2023 Fiscal Year is as shown on the attached Exhibit “A”.

21 Packet Pg. 786
Staff Report to the Mayor and City Council
Levy Order - Assessments For Improvement District "A" (James Sullivan) June 21, 2022

ISSUES/ANALYSIS

This is the Thirty-Fourth year of such assessment. However, The County of San Bernardino requires an annual resolution to apply the levy on the tax roll. The 2022-2023 levy is $31,591.26, covering 83 parcels.

The County of San Bernardino Auditor-Controller/Treasurer/Tax Collector is requesting all agencies to update the attached agreement to remain in compliance as outlined in Section 4 of the Agreement for Collection of Special Taxes, Fees and Assessments. District guarantees that the taxes, fees, or assessments imposed by District and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218). Upon inquiry from the County, evidence of the legality of the special assessments must be produced to prove conformity with Proposition 218 and other applicable laws that allow the placing of fees on the tax bill. All agencies are required to sign and submit a new agreement for Fiscal Year 2022-23; the signed agreement will be an annual requirement to be submitted prior to the August 10th submittal deadline.

FISCAL IMPACTS

There is no fiscal impact to the General Fund. The revenue from the assessments is recorded in Water Improvement District A Fund Acct. 364 -5204 ($31,591.26), the expenses in Acct. #364 - 7900-7900-2500 (Principal $27,28 4.80), and 364 -7900-7900-2510 (Interest $4,306.46). The levy of $31,591.26, is necessary to pay the annual debt service.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution No. R-81-22 - Water District A Assessments

2. Exhibit A - Water District A Tax Assessments

3. Agreement - Collection of Special Assessments
21 Packet Pg. 787

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-81-22

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA DETERMINING AND AUTHORIZING THE ANNUAL LEVY OF TAX

ASSESSMENT
FOR IMPROVEMENT DISTRICT ‘A’ (JAMES SULLIVAN WATER COMPANY)

WHEREAS, the City Council of the City of Colton adopted Resolution No. R-38-88,

Establishing a Fiscal Structure to Repay the Loan associated with Reconstruction of Water Facilities of

the James Sullivan Mutual Water Company, Improvement District ‘A’; and

WHEREAS, Resolution No. R-38-88, directed the establishment of unpaid assessments over a

35 year amortized payment schedule and the filing thereof with the Tax Assessor and the Controller’s

Office for the County of San Bernardino, commencing in August 1988.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of

Colton as follows:

SECTION 1. Based upon the total loan amount of $370,800 and the ninety-one shares of

James Sullivan Mutual Water Company stock outstanding, the City has determined that the amount of

required tax to be levied per share for the 2022 -2023 Fiscal Year is as shown on the attached

Exhibit “A”.

SECTION 2. The City Clerk is instructed to file a certified copy of this resolution with the

San Bernardino County Tax Assessor. Passed approved and adopted this 21st day of June, 2021.

_____________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________
CAROLINA R. PADILLA
City Clerk

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Attachment: Resolution No. R-81-22 - Water District A Assessments (3677 : Levy Order - Assessments For Improvement District "A" (James EXHIBIT "A"

CITY OF COLTON

IMPROVEMENT DISTRICT 'A' SPECIAL ASSESSMENTS
July 1, 2022
NO.

ASSESSOR'S
PARCEL NO.
2022-2023

ASSESSMENT

ASSESSOR'S

PROCESSING
COST

GRAND TOTAL
2022-2023

ASSESSMENT
1 0276-491-04 371.60$ 0.30$ 371.90$ 2 0282-192-09 371.61$ 0.30$ 371.91$ 3 0282-251-01 371.61$ 0.30$ 371.91$ 4 0282-251-02 371.61$ 0.30$ 371.91$ 5 0282-251-03 371.61$ 0.30$ 371.91$ 6 0282-252-01 371.60$ 0.30$ 371.90$ 7 0282-252-02 371.61$ 0.30$ 371.91$ 8 0282-252-05 371.61$ 0.30$ 371.91$ 9 0282-252-06 737.84$ 0.30$ 738.14$ 10 0282-252-07 371.61$ 0.30$ 371.91$ 11 0282-252-08 371.60$ 0.30$ 371.90$ 12 0282-252-09 371.60$ 0.30$ 371.90$ 13 0282-252-10 371.61$ 0.30$ 371.91$ 14 0282-252-13 1,104.08$ 0.30$ 1,104.38$ 15 0282-252-14 371.61$ 0.30$ 371.91$ 16 0282-252-15 371.61$ 0.30$ 371.91$ 17 0282-261-01 371.60$ 0.30$ 371.90$ 18 0282-261-02 371.61$ 0.30$ 371.91$ 19 0282-261-03 371.61$ 0.30$ 371.91$ 20 0282-261-04 371.61$ 0.30$ 371.91$ 21 0282-261-07 371.60$ 0.30$ 371.90$ 22 0282-261-10 371.61$ 0.30$ 371.91$ 23 0282-261-11 371.61$ 0.30$ 371.91$ 24 0282-261-12 737.84$ 0.30$ 738.14$ 25 0282-261-13 371.61$ 0.30$ 371.91$ 26 0282-261-14 371.61$ 0.30$ 371.91$ 27 0282-261-15 371.61$ 0.30$ 371.91$ 28 0282-261-18 371.61$ 0.30$ 371.91$ 29 0282-261-19 371.61$ 0.30$ 371.91$ 30 0282-261-20 371.61$ 0.30$ 371.91$ 31 0282-261-25 178.55$ 0.30$ 178.85$ 32 0282-261-26 371.61$ 0.30$ 371.91$ 33 0282-261-27 188.49$ 0.30$ 188.79$ 34 0282-261-28 188.49$ 0.30$ 188.79$ 35 0282-281-01 371.61$ 0.30$ 371.91$ 36 0282-281-02 371.61$ 0.30$ 371.91$ 37 0282-281-03 371.61$ 0.30$ 371.91$ 38 0282-281-04 371.61$ 0.30$ 371.91$ 39 0282-281-06 371.61$ 0.30$ 371.91$ 40 0282-281-07 371.61$ 0.30$ 371.91$ 41 0282-281-08 371.61$ 0.30$ 371.91$ 42 0282-281-09 371.91$ 0.30$ 372.21$ 43 0282-281-12 371.61$ 0.30$ 371.91$ 44 0282-281-14 371.61$ 0.30$ 371.91$

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Attachment: Exhibit A - Water District A Tax Assessments (3677 : Levy Order - Assessments For Improvement District "A" (James Sullivan)) EXHIBIT "A"

CITY OF COLTON

IMPROVEMENT DISTRICT 'A' SPECIAL ASSESSMENTS
July 1, 2022
NO.

ASSESSOR'S
PARCEL NO.
2022-2023

ASSESSMENT

ASSESSOR'S

PROCESSING
COST

GRAND TOTAL
2022-2023

ASSESSMENT
45 0282-281-15 371.61$ 0.30$ 371.91$ 46 0282-282-01 371.61$ 0.30$ 371.91$ 47 0282-282-02 371.61$ 0.30$ 371.91$ 48 0282-283-01 371.61$ 0.30$ 371.91$ 49 0282-283-02 371.61$ 0.30$ 371.91$ 50 0282-283-03 371.61$ 0.30$ 371.91$ 51 0282-291-01 371.61$ 0.30$ 371.91$ 52 0282-291-03 371.61$ 0.30$ 371.91$ 53 0282-291-04 371.61$ 0.30$ 371.91$ 54 0282-292-01 371.61$ 0.30$ 371.91$ 55 0282-292-02 371.61$ 0.30$ 371.91$ 56 0282-292-03 371.61$ 0.30$ 371.91$ 57 0282-292-04 371.61$ 0.30$ 371.91$ 58 0282-292-05 554.72$ 0.30$ 555.02$ 59 0282-292-07 371.61$ 0.30$ 371.91$ 60 0282-292-08 371.61$ 0.30$ 371.91$ 61 0282-292-09 371.61$ 0.30$ 371.91$ 62 0282-292-10 371.61$ 0.30$ 371.91$ 63 0282-292-11 371.61$ 0.30$ 371.91$ 64 0282-292-12 371.61$ 0.30$ 371.91$ 65 0282-292-14 371.60$ 0.30$ 371.90$ 66 0282-293-01 371.61$ 0.30$ 371.91$ 67 0282-293-02 371.61$ 0.30$ 371.91$ 68 0282-293-03 371.61$ 0.30$ 371.91$ 69 0282-293-04 371.61$ 0.30$ 371.91$ 70 0282-293-06 371.61$ 0.30$ 371.91$ 71 0282-293-07 371.61$ 0.30$ 371.91$ 72 0282-293-08 371.61$ 0.30$ 371.91$ 73 0282-293-09 371.61$ 0.30$ 371.91$ 74 0282-293-10 371.61$ 0.30$ 371.91$ 75 0282-293-11 371.61$ 0.30$ 371.91$ 76 0282-312-05 371.61$ 0.30$ 371.91$ 77 0282-321-04 371.61$ 0.30$ 371.91$ 78 0282-322-16 371.61$ 0.30$ 371.91$ 79 0282-331-42 188.49$ 0.30$ 188.79$ 80 0282-331-43 188.49$ 0.30$ 188.79$ 81 0282-331-03 371.61$ 0.30$ 371.91$ 82 0282-331-14 371.61$ 0.30$ 371.91$ 83 0282-331-45 371.61$ 0.30$ 371.91$ 31,566.36$ 24.90$ 31,591.26$

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Attachment: Exhibit A - Water District A Tax Assessments (3677 : Levy Order - Assessments For Improvement District "A" (James Sullivan))

1 of 3
AGCY____

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

AGREEMENT FOR COLLECTION OF SPECIAL

TAXES, FEES, AND ASSESSMENTS
FISCAL YEAR 2022-23

THIS AGREEMENT is made and entered into this _____ day of _____ ____________, 2022, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as “County” and the_______________________________, hereinafter referred to as “City”.

WITNESSETH:

WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fee s, or assessments for any city, school district, special district, zone or improvement district thereof; and WHEREAS, the City and County have determined that it is in the public interest that the County, when requested by City, collect on the County tax rolls the special taxes, fees, and assessments for City.

NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows:

1. County agrees, when requested by City as hereinafter provid ed to collect on the County tax rolls the special taxes, fees, and assessments of Ci ty, and of each zone or improvement district thereof.

2. When County is to collect City ’ s s p e c i a l t a x es, fees, and assessments, City agrees to notify in writing the Auditor-Controller (268 W. Hosp itality Lane, 4 TH floor, San Bernardino, CA 92415) of the County on or before the 10 th day of August of each fiscal year of the Assessor’s parcel numbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, mu st be received by the Auditor- Controller by said date.

3. County may charge City an amount per parcel for each specia l tax, fee, or assessment that is to be collected on the County tax rolls by t he County for the City, not to exceed County’s actual cost of collection.

4. City warrants that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requiremen ts of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218).

5. City hereby releases and forever discharges County and its officers, agents, and employees from any and all claims, demands, liabilities, co sts and expenses, damages, causes of action, and judgments, in any manner arising out of C ity’s responsibility under this

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Attachment: Agreement - Collection of Special Assessments (3677 : Levy Order - Assessments For Improvement District "A" (James Sullivan))

2 of 3
AGCY____
agreement, or other action taken by City in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments a s contemplated in this agreement.

6. The County Auditor-Controller has not determined the validi ty of the taxes or assessments to be collected pursuant to this contract, and the undersigned City hereby assumes any and all responsibility for making such a determinat ion. The undersigned City agrees to indemnify, defend, and hold harmless the County and i ts authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or l i a b i l i t y a r i s i n g o u t o f t h i s c o n t r a c t o r t h e i m p o s i t i o n o f t h e taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohi bited by law. If any judgment i s e n t e r e d a g a i n s t C o u n t y o r a n y o t h e r i n d e m n i f i e d p a r t y a s a result of action taken to implement this Agreement, City agrees that County may offset th e amount of any judgment paid by County or by any indemni fied party from any monies coll ected by County on City ’s behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify City of its intent to implement any offset authorized by this paragraph.

7. City agrees that its officers, agents and employees will co operate with County by answering inquiries made to City by any person concerning Ci ty’s special tax, fee, or assessment, and City agrees that is officers, agents, and emplo yees will not refer such individuals making inquiries to County officers or employees for response.

8. City shall not assign or transfer this agreement or any int erest herein and any such assignment or transfer or attempted assignment or transfer o f t h i s a g r e em e n t o r a n y interest herein by City shall be void and shall immediately and automatically terminate this agreement

9. This agreement shall be effec tive for the 2022-23 fiscal year.

10. Either party may terminate this agreement for any reason u pon 30 days written notice to the other party. The County Auditor-Controller shall have the right to exercise County’s right and authority under this contract including the right to terminate the contract.

11. County’s waiver of breach of any one term, covenant, or other provision of this agreement, is not a waiver of breach of any other term, nor subsequent breach of the term or provision waived.

12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so.

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Attachment: Agreement - Collection of Special Assessments (3677 : Levy Order - Assessments For Improvement District "A" (James Sullivan))

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AGCY____
IN WITNESS WHEREOF, the parties hereto have executed this agre ement as of the day and year first above written.

City: _______________________________

By: _______________________________
Printed Name: _______________________________
Title: _______________________________
Date: _______________________________

ENSEN MASON CPA, CFA,

AUDITOR-CONTROLLER/TREASURER/TAX COLLECTOR

SAN BERNARDINO COUNTY

By Authorized Deputy: _______________________________
Printed Name: Li nda Santillano__________________
Title: Chief Deputy, Property Tax_________
Date: _______________________________

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Attachment: Agreement - Collection of Special Assessments (3677 : Levy Order - Assessments For Improvement District "A" (James Sullivan))

ITEM NO. 22

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVAL TO EXECUTE A MOU AGREEMENT BETWEEN THE

CITY OF COLTON AND SAN BERNARDINO COUNTY
DEPARTMENT OF BEHAVIORAL HEALTH.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve a Memorandum of Understanding (MOU) with the San Bernardino County Department of Behavioral Health for the Colton Police Department to participate in the Tria ge, Engagement and Support Team (T.E.S.T).

BACKGROUND

Since 2015, the San Bernardino County Department of Behavioral Health (DBH) has collaborated with various key agencies requiring immediate behavioral healt h services in crises for no cost office space to place DBH crisis triage staff in underserved areas throughout San Bernardino County. Agencies request DBH Triage, Engagement and Support Team (TEST) services and are evaluated to determine appropriateness for participation based on the availability of like services fro m other sources. In November 2021, Colton PD administration met with the Department of Behavioral Health and agreed that having a TEST team member stationed out of Colton PD would be in everyone ’s best interest and would provide the community with even more resources for people experiencing a mental health crisis. DBH currently manages 28 TEST locations, known as ‘point of access’ agencies, such as law enforcement, hospital emergency department s, colleges, and agencies within the judicial court system, to assist consumers experiencing a mental health crisis. The TEST team’s co -located program allows immediate access to crisis triage by a mental health specialist, which has resulted in thousands of successful outcomes. In 2020 -21, there were 10,542 encounters with co -located DBH TEST 22 Packet Pg. 794
Staff Report to the Mayor and City Council
MOU - County Department of Behavioral Health
June 21, 2022

staff, many of which resulted in crisis stabilization instead of unnecessary incarcerations and/or hospitalizations.

Crisis stabilization with case management and linkage to appropriate services reduce s expenditures for law enforcement resources and hospital emergency departments.

ISSUES/ANALYSIS

The MOU reaffirms DBH’s and the Ci ty’s commitment to provide access to crisis services for the citizens of Colton. Th e MOU outlines the use of office space at CPD for the TEST service team to provide these services. Having a mental health professional assigned to the Colton Police Department will assist the Patrol Division, Detective Bureau, and the Multiple Enforcement Team when dealing with citizens experiencing mental health crises. The Colton Police Department currently has a vacant desk/cubicle that a County of San Bernardino Probation Officer recently utilized with existing county intranet access. Each TEST team mem ber or assigned mental health professional will need to have a minimal background check performed on him or her prior to having access to the Colton Police Department.

All other municipal police departments in San Bernardino County participate in the San Bernardino County Department of Behavioral Health TEST program. The Colton Police Department has had a long and mutually beneficial partnership with the County of San Bernardino using office space to place county resources inside the Police Department. In the past, the Colton Police Department has housed San Bernardino County Victim/Witness Advocates and San Bernardino County Probation Officers.

FISCAL IMPACTS

Entering into a Memorandum of Understanding (MOU) allows the Department of Behavioral Health (DBH) to utilize office space located within Colton Police Department (CPD) at no additional cost to the City. DBH’s crisis services through the Triage, Engagement and Support Team (TEST) reduce expenditures for law enforcement resources and are a community benefit.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. CON-DBH-7-26-22-TEST-Colton PD (Final)
22 Packet Pg. 795

MEMORANDUM OF UNDERSTANDING
Between
San Bernardino County Department of Behavioral Health
And
City of Colton Police Department
For
Dedicated Office Space
July 26, 2022
WHEREAS, the San Bernardino County (County), Department of Behavioral Health hereinafter referred to as DBH, and City of Colton Police Department hereinafter referred to as CPD, Collaborating Agency or Agency; and WHEREAS, DBH desires to expand consumer rapid access to mental health crisis care through community Triage, Engagement and Support Teams (TEST) Program. DBH will do so by collaborating for dedicated office space, at no cost, within agencies that have the highest contact with consumers experiencing a psychiatr ic emergency.

These agencies, named ‘points of access’ are law enforcement, hospital emergency rooms, schools and court related agencies; and
WHEREAS, DBH has been allocated funds by the Mental Health Services Act (MHSA) to provide such services; and
WHEREAS, CPD is willing and able to provide adequate, non-financial, dedicated office space located in CPD, specifically for DBH services provided by co-located TEST staff, to assist/link consumers; and NOW THEREFORE, DBH and CPD mutually agree to the following terms and conditions:

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Attachment: CON-DBH-7-26-22-TEST-Colton PD (Final) (3662 : MOU - County Department of Behavioral Health)

TABLE OF CONTENTS

I. PURPOSE ................................ ................................ ................................ .............................. 3 II. DEFINITIONS ................................ ................................ ................................ ......................... 3 III. COLLABORATING AGENCY FACILITY REQUIREMENTS ................................ .................... 4 IV. AGENCY GENERAL RESPONSIBILITIES ................................ ................................ .............. 4 V. DBH GENERAL RESPONSIBILITIES ................................ ................................ ..................... 5 VI. MUTUAL RESPONSIBILITIES ................................ ................................ ................................ 6 VII. RIGHT TO MONITOR AND AUDIT ................................ ................................ ......................... 8 VIII. TERM ................................ ................................ ................................ ................................ ...... 9 IX. EARLY TERMINATION ................................ ................................ ................................ ........... 9 X. GENERAL PROVISIONS ................................ ................................ ................................ ........ 9 XI. CONCLUSION ................................ ................................ ................................ ........................ 10 Attachments: Exhibit I – Description of TEST Services for Participating Agencies

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Attachment: CON-DBH-7-26-22-TEST-Colton PD (Final) (3662 : MOU - County Department of Behavioral Health)

I. PURPOSE
This Memorandum of Understanding (MOU) serves to identify areas of agreement and responsibility between Colton Police Department (CPD) and the Department of Behavioral Health (DBH), regarding the use of dedicated office space within CPD for co-locating DBH TEST program staff to assist/link consumers with community services.

DBH will assign the TEST staff that will utilize office space within CPD at the following location:

Colton Police Department
650 N. La Cadena Dr.

Colton, CA 92324
(909) 370-5008
The partnership between DBH and CPD is a joint effort to bring responsive access to mental health crisis services to the Colton community, at no charge, for a consumer in need. In exchange for CPD’s space and responsibilities hereunder, the TEST staff will be providing crisis assessments, intervention, and intensive case management with linkage to community resources as outlined in the Exhibit I.

II. DEFINITIONS
The terms consumer, resident, individual, client or participant are used inte rchangeably throughout this document referring to the individual inquiring, accessing and/or receiving services.

A. Authorization for Release of Protected Health Information (PHI) Form: A HIPAA compliant authorization form (COM001) signed by the client or client’s legal representative, authorizing DBH to release the client’s information to a designated recipient. This form must be completed thoroughly with specified records to be shared, a designated t ime frame and expiration date, as well as a signature by the DBH client or his/her legal representative. If the form is signed by a legal representative, proof from the court system designating legal representation must accompany the request.

B. Colton Police Department (CPD or Agency): This is the law enforcement agency for the City of Colton.

C. City of Colton (City): The governing entity of the Colton Police Department (CPD).

D. Department of Behavioral Health (DBH): The San Bernardino County Department of Behavioral Health, under state law, provides mental health and substance use disorder treatment services to County residents. In order to maintain a continuum of care, DBH operates or contracts for the provision of prevention and early intervention services, 24 -hour care, day treatment outpatient services, case management, and crisis and referral services. Community services are provided in all major County metropolitan areas and are readily accessible to County residents.

E. Health Insurance Portability and Accountability Act (HIPAA) : A federal law designed to improve portability and continuity of health insurance coverage in the group and individual markets, to combat waste, fraud, and abuse in health insurance and health care delivery, to promote the use of medical savings accounts, to improve access to long-term care services and coverage, to simplify the administration of health insurance, and for other purposes.

F. Mental Health Services Act (MHSA): Mental Health Services Act, also known as Proposition 63, imposes a 1% tax on adjusted annual income over $1,000,000. In November 2004, California voters passed Proposition 63 to ado pt the MHSA. According to the MHSA, the intent of the

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Attachment: CON-DBH-7-26-22-TEST-Colton PD (Final) (3662 : MOU - County Department of Behavioral Health)

funding is to reduce the long-term adverse impact on individuals, families, and State and local budgets resulting from untreated serious mental illness.

G. Personally Identifiable Information (PII): PII is information that can be used alone or in conjunction with other personal or identifying information, which is linked or linkable to a specific individual. This includes: name, social security number, date of birth, address, driver’s license, photo identification, and/or other identifying number (case number, client index number, SIM ON number/medical record number, etc.).

H. Protected Health Information (PHI): PHI is individually identifiable health information held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper or oral. Individually identifiable information is information, including demographic data, that relates to the individual’s past, present or future physical or mental health or condition; the provision of health care to the individual; or the past, present, or future payment for the provision of health care to the individual, and identifies the individual or for which there is reasonable basis to believe it can be used to identify the individual. PHI excludes individually identifiable health information in education re cords covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g; in records described at 20 U.S.C.1232g(a)(4)(B)(iv); in employment records held by a covered entity in its role as employer; and regarding a person who has been deceased for more than fifty (50) years.

I. Triage, Engagement and Support Teams (TEST): Triage teams specializing in crisis intervention, continuum of care, and intensive case management for individuals experiencing an urgent psychiatric health condition with up to 59 days of individualized linkage and follow up services. The goal is to improve consumer experience by improving access to mental health services with local staff and rapid response times, allowing the consumer to possibly stay within their own community and strengthening their opportunity for recovery and wellness while reducing involvement with the criminal justice system, reducing frequencies of emergency room visits and/or unnecessary hospitalization.

III. COLLABORATING AGENCY FACILITY REQUIREMENTS
Agency will:

A. Provide adequate workspace for DBH staff within the Agency. Adequate workspace shall include a personal work area with a desk, chairs and secure document storage.

B. Provide a designated area for consultation of consumers as required.

C. Provide a parking space for a County or DBH staff vehicle.

D. Provide access to a desk phone, fax machine and photocopier.

E. Provide DBH staff access to staff restrooms and breakroom.

F. Maintain and relay safety/security procedures related to DBH staff assigned to Agency.

G. Assign building passes and office keys as needed to TEST staff, and/or DBH employees regularly assigned to Agency.

IV. AGENCY GENERAL RESPONSIBILITIES
A. Agency will not assign this MOU, either in whole or in part, without the prior written consent of DBH.

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Attachment: CON-DBH-7-26-22-TEST-Colton PD (Final) (3662 : MOU - County Department of Behavioral Health)

B. Agency shall make available to the DBH Program Manager (PM) copies of all administrative policies and procedures utilized and developed for this service location(s) and shall maintain ongoing communication with the DBH PM regarding those policies and procedures.

C. Agency is aware that DBH is required by regulation to safeguard PII and PHI such as names and other identifying information concerning persons receiving services from unauthorized use or disclosure pursuant to this MOU.

D. Information obtained by DBH for participants is PHI and any DBH documents stored at CPD are highly sensitive and confidential; therefore, CPD shall provide DBH with secure document storage and use the same physical safeguards related to such document storage that CPD uses to safeguard its own lawfully protected information.

E. Should CPD find the need to obtain PHI about a consumer, CPD shall request the consumer complete the DBH Authorization for Release of Protected Health Information (COM001) form prior to any discuss ion or release regarding consumer PHI, including but not limited to diagnosis treatment, and/or outcomes. The form must state DBH can share consumer’s PHI with CPD, with specified time frames including expiration date. This provision will remain in force even after the termination of the MOU.

F. CPD acknowledges DBH must track/report specified data required by Mental Health Services Act (MHSA) in a format approved by DBH. Part of the necessary information measures the referrals and linkage to appropriate services designed to address the particular behavioral health issues being presented to law enforcement (justice system); reduction of the time individuals needing mental health services spend within the justice system; reduced number of visits to assist the same consumer for behavioral health -related concerns post TEST involvement, and to facilitate assessments of individuals experiencing a mental health crisis that could result in inpatient hospitalization. CPD further acknowledges that these tracking/reporting requirements may change per the County and/or the State.

V. DBH GENERAL RESPONSIBILITIES
DBH will:

A. In the least restrictive environment possible, provide crisis intervention designed to divert seriously mentally ill consumers from law enforcement encounters. The primary usage of this office space is to:

1. Provide crisis intervention services for consumers in the surrounding community.

2. Provide intensive case management for local consumers participating in TEST.

3. Be the central location for TEST staff to link consumers to the appropriate public and/or private community resources for up to (fifty-nine) 59 days.

4. Be an in-house asset to CPD and the City of Colton in improving outcomes for consumers with behavioral health issues.

B. Assign staff for a minimum of 40 hours a week to CPD. This may include any combination of the following: Social Worker II, Mental Health Specialist, Alcohol and Drug Counselor, and Clinical Therapist, for the purpose of providing crisis response services within the dedicated office space

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Attachment: CON-DBH-7-26-22-TEST-Colton PD (Final) (3662 : MOU - County Department of Behavioral Health)

and in the field (exact service hours will be agreed upon between DBH Program Manager and CPD).

C. Adhere to Agency’s required clearance protocols for assigned DBH staff prior to staff person utilizing dedicated office space.

D. Monitor and coordinate staff work schedules, as staff work hours may vary.

E. Assign computers and cell phones to TEST staff. ALL correspondence with TEST staff must be sent through the DBH email system. No other Agency email is to be allocated to the TEST staff.

DBH staff shall adhere to the DBH Electronic Mail Policy.

F. Provide administrative supervision to all DBH staff located or utilizing the CPD offices. Any concerns or suggestions regarding any type of matters shall be taken to the DBH Program Manager, supervisory staff or his/her designee.

G. Communicate with the appropriate CPD supervisory staff or his/her designee with any concerns and/or suggestions for overcoming problem areas and/or changing procedures related to facility usage or supervision.

H. Maintain authority and responsibility for the assignment and/or reassignment of all TEST staff.

I. Address the MHSA goals, measure and report outcomes in collaboration with CPD by increasing access to mental health services, reducing criminal and juvenile justice involvement while also reducing frequency of emergency room visits and un necessary hospitalizations within the local community.

J. Maintain consumer records in compliance with all regulations set forth by the State and provide access to clinical records by DBH staff.

K. Pursuant to HIPAA, DBH has implemented administrative, physical, and technical safeguards to protect the confidentiality, integrity, and availability of PHI transmitted or maintained in any form or medium.

L. Obtain a valid Authorization for Release of PHI from DBH client prior to sharing any PHI with CPD and in the performance of required services.

VI. MUTUAL RESPONSIBILITIES
A. DBH TEST staff will coordinate with CPD staff for the purpose of providing crisis intervention services and intensive case management and linkage for referred consumers.

B. CPD and DBH agree to develop a program unique to CPD needs and internal procedures for optimal utilization of TEST services and fulfilment of consumer needs as outlined in Exhibit I of this MOU.

C. Both agencies must comply with relevant regulations for any release of information. CPD and DBH agree they will establish mutually satisfactory methods for the exchange of such information as may be necessary in order that each party may perform its duties and functions under this MOU. Both agencies will develop appropriate procedures to ensure all information is safeguarded from unauthorized disclosure in accordance with applicable State and Federal laws and regulations, and as referred herein.

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D. CPD and DBH agree they will establish mutually satisfactory methods for problem resolution at the lowest possible level as the optimum, with a procedure to mobilize problem resolution up through the CPD and DBH mutual chain of command, as deemed necessary.

E. CPD and DBH agree to develop and implement procedures and forms necessary to administer and document each program referral, participation, compliance and effectiveness.

F. CPD and DBH agree to develop internal procedures for resolving grievances including the specific steps a consumer must follow, and the time limits for resolution.

G. CPD and DBH agree to comply with all applicable local, State, and Federal laws.

H. CPD and DBH shall not charge each other for any of the items or services provided hereunder.

I. Indemnification and Insurance Requirements between the governing entities of CPD and DBH, which are the City of Colton (City) and San Bernardino County (County) are as follows:

1. The City agrees to defend, indemnify and hold harmless the County, it’s officers, staff, agents, and volunteers for any and all claims, losses, actions, damages and/or liability resulting from this agreement/contract from any cause whatsoever, including any costs or expenses incurred by County, except as prohibited by law, arising out of the City or CPD’s negligent or wrongful acts or omissions in connection with its performance under the herein agreement.

2. The County agrees to defend, indemnify and hold harmless the City, it’s officers, staff, agents, and volunteers for any and all claims, losses, actions, damages and/or liability arising out of this agreement/contract from any cause whatsoever, including any costs or expenses incurred by the City, except as prohibited by law , arising out of County’s or DBH’s negligent or wrongful acts or omissions in connection with its performance under the herein agreement.

3. In the event that the County and/or the City are determined to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this agreement, the County and/or the City shall indemnify the other to the extent of its comparative fault.

4. The County and the City are authorized self -insured entities for purposes of General Liability, Automobile Liability, Workers' Compensation, and Professional Liability coverage and warrants that through its program of self -insurance, it has adequate covera ge or resources to protect against liabilities arising out of the terms, conditions and obligations of this agreement.

J. Privacy and Security

1. CPD and DBH shall adhere to any County applicable privacy-related policies pertaining to PII. DBH has a specific res ponsibility to comply with all applicable State and Federal regulations pertaining to privacy and security of client PHI and strictly maintain the confidentiality of behavioral health records, and CPD shall assist DBH in upholding said confidentiality by a pplying safeguards as discussed herein. Regulations have been promulgated governing the privacy and security of individually identifiable health information (IIHI) PHI or electronic Protected Health Information (ePHI).

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2. In addition to the aforementioned protection of IIHI, PHI , and ePHI, both parties shall adhere to the protection of PII and Medi-Cal PII. PII includes any information that can be used to search for or identify individuals such as but not limited to name, social security number or date of birth. Whereas Medi-Cal PII is the information that is directly obtained in the course of performing an administrative function on behalf of Medi -Cal, such as determining eligibility that can be used alone in conjunction with any other information to identify an individual.

3. Reporting Improper Access, Use, or Disclosure of Unsecure PHI and PII, Upon discovery of any unauthorized use, access or disclosure of PHI or any other security incident with regards to PHI or PII, CPD agrees to report to DBH no later than one (1) business day upon the discovery of a potential breach. CPD shall cooperate and provide information to DBH to assist with appropriate reporting requirements to the DBH Office of Compliance.

K. CPD and DBH will ensure any DBH client PHI that is stored on CPD premises will be locked and secure in adherence to IIHI and PHI privacy requirements.

L. CPD and DBH shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving services pursuant to this MOU, except for statistical information not identifying any consumer DBH and CPD shall not use or disclose any identifying information for any other purpose other than carrying out the obligations under this MOU, except as may be otherwise permitted or required by law. This provision will remain in force even after the termination of the MOU.

M. CPD and DBH agree they will collaborate in providing in-service training to CPD staff on the services offered under this MOU and any relevant policies/procedures, including the Authorization to Release of Protected Health Information Policy and Procedure.

VII. RIGHT TO MONITOR AND AUDIT
A. Agency will collaborate with DBH in the implementation, monitoring and evaluation of this MOU and share information as needed.

B. Agency shall provide all reasonable facilities and assistance for the safety and convenience of DBH's representative in the performance of monitoring or auditing duties. Any supervisory or administrative inspections and evaluations shall be performed in such a manner as will not unduly delay the work of CPD.

C. CPD and DBH agree to work together to develop a tracking system of calls that TEST staff respond to for the purpose of productivity measures and staff accountability.

D. A review of productivity at the Agency location for TEST services shall be conducted after the end of each fiscal year.

E. Agency and DBH will participate in evaluating the progress of the overall program in regard to responding to the mental health needs of local communities.

F. Agency and DBH will work jointly to monitor outcome measures. Agency and DBH shall comply with all local, State and Federal regulations regarding local, State and Federal performance outcome measurement requirements and participate in the outcome measurement process, as required by

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the State and/or DBH. For MHSA programs, Agency agrees to meet the goals and intention of the program as indicated in the related MHSA Component Plan and most recent updates.

VIII. TERM
This Memorandum of Understanding (MOU) is effective date of execution through March 31, 2027 and may be terminated earlier in accordance with provisions of Section IX of this MOU.

IX. EARLY TERMINATION
A. This MOU may be terminated without cause upon thirty (30) days written notice by either party.

DBH's Director is authorized to exercise DBH's rights with respect to any termination of this MOU.

The CPD’s Chief of Police, or his/her appointed designee, has authority to terminate this MOU on behalf of CPD.

X. GENERAL PROVISIONS
A. DBH staff vacancies or changes in staffing plan shall be submitted to the appropriate Agency’s contact person within 48 hours of DBH’s knowledge of such occurrence. Such notice shall include a plan of action to address the vacancy or a justification for the staffing plan change.

B. No waiver of any of the provisions of the MOU documents shall be effective unless it is made in a writing which refers to provisions so waived and which is executed by the parties. No course of dealing and no delay or failure of a party in exercising any right under any MOU document shall affect any other or future exercise of that right or any exercise of any other right. A party shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.

C. Any alterations, variations, modifications, or waivers of provisions of the MOU, unless specifically allowed in the MOU, shall be valid only when they have been reduced to writing, duly signed and approved by the authorized representatives of both parties as an amendment to this MOU. No oral understanding or agreement not incorpora ted herein shall be binding on any of the parties hereto.

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XI. CONCLUSION
A. This MOU, consisting of ten pages (10) is the full and complete document describing services to be rendered by each party to this MOU including all obligations, conditions and benefits.

B. The signatures of the parties affixed to this MOU affirm that they are duly authorized to commit and bind their respective departments to the terms and conditions set forth in this document.

This Agreement may be executed in any number of co unterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Agreement.

The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Agreement upon request.

City of Colton
Colton Police Department

___________________________
Name: Henry Dominguez
Title: Police Chief
Address: 650 N. La Cadena Dr.

Colton, CA 92324
Date: _______________________

___________________________
Name: Frank J. Navarro
Title: Mayor

SAN BERNARDINO COUNTY Date: _______________________

________________________________________
Curt Hagman, Chairman, Board of Supervisors ___________________________ Name: Carolina R. Padilla
Dated ____________________________________ Title: City Clerk

SIGNED AND CERTIFIED THAT A COPY OF THIS Date: _______________________

DOCUMENT HAS BEEN DELIVERED TO THE

CHAIRMAN OF THE BOARD
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County

By ____________________________________

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EXHIBIT I

Description of Triage,
Engagement and Support Teams (TEST) Services Available
And Co-location Specific Considerations
FOR
Colton Police Department
650 N. La Cadena Dr.

Colton, CA 92324

Department of Behavioral Health (DBH) TEST Program has community base teams that respond throughout San Bernardino County for anyone having a mental health emergency and in need of crisis triage. The success of TEST has grown with Agency collaborations throughout San Bernardino County. DBH funds:
• Triage, Engagement and Support Team (TEST)
Program Manager II: Vivian Bermudez (909) 421-9456
Number of Locations: Approximately 28 community office spaces Base Location: Co-located within participating community agency Specialty: Mental Health Crisis triage for consumers referred by Agency.

TEST teams work with consumers experiencing a mental health crisis to develop and maintain a level of stability that reduces the need for emergency services and minimizes incarcerations and psychiatric hospitalizations, freeing law enforcement and medical facilities resources.

Agencies requesting to co-locate a TEST team participate collaboratively with DBH. The Agency provides no cost office space and refers local consumers that may need TEST’s specialized services.

The referred consumer receives expedited access to mental health crisis triage from TEST staff co- located in the Agency offices. Consumers are given the opportunity to de-escalate and focus on their present needs and learn how TEST can assist them by linking them to appropriate services resulting in better consumer outcomes.

Exhibit I is attached to the MOU as an overview of the TEST program, specifies considerations unique to the Agency, defines the specific services available through the TEST program, and shares the State mandated reporting requirement.

I. Overview of TEST Current Successes and Examples
A. Since the inception of TEST in 2014, the purpose has been to improve consumer access to specialized behavioral health services during a mental health crisis and to minimize negative outcomes such as incarcerations and hospitalizations. In FY 2020/21, there were a total of 10,542 TEST encounters with co-located TEST staff in San Bernardino County.

B. The following results can be highlighted:
• By DBH co-locating mental health crisis triage staff where consumers live and work the access to specialty mental health services for underserved consumers has increased.
• Consumers receiving crisis triage followed by immediate linkage to appropriate services has improved consumer outcomes.

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EXHIBIT I

• Decreased costs for law enforcement agencies and emergency room services as resources to assist consumers in crisis are diverted to TEST staff and more appropriate linked services.
• Increased number of consumers experiencing a mental health crisis diverted from the justice system, hospitals and/or psychiatric hospitalization.

C. TEST within the Agency:

TEST’s Program Manager (PM) or designee will select the appropriate staff for the Agency. The PM continually evaluates TEST locations on their successes for providing services/referrals/linkage for consumers in crisis. In the office space provided, each TEST encounter will focus on individual consumer needs and provide community base cr isis triage combined with linkage to quality mental health services to improve consumer outcomes.

TEST Commitment to Agency TEST Provides
To ensure 100% of Agency’s
referrals, consumers experiencing
a mental health crisis are seen in a
timely fashion, initiating improved
consumer outcomes.

TEST staff provides immediate access to
Specialty Mental Health Services for
consumers in a mental health crisis.

D. Agency’s Most Frequently Referred Consumers:

DBH shall screen consumers generated and referred by the Agency, shall develop policies and procedures regarding those persons who are eligible for services; and shall provide a linkage plan for all consumer interventions that aid in the maintenance of a stable level of functioning.

Most Frequent Referrals TEST Specific Focus
Consumer in crisis, coming in
contact with host Agency, having
co-occurring mental health and
substance use disorders
When TEST staff identifies consumers
with co-occurring mental health and
substance use disorders staff
links/provides referrals to appropriate
services
Consumers in crisis who may
respond well to peer support and
self-help groups
TEST staff arranges access to peer
support and self-help groups
Consumers in crisis who are part
of the 25% of statistical uninsured
consumers
TEST serves uninsured consumers and
links them with services/applying for or
utilizing current insurance coverage
Consumers in crisis needing more
than day one of crisis
intervention/intensive case
management. Usually needing an
assisted period of stabilization with
TEST will provide up to 59 days of case
management services; TEST will provide
linkage to all community resources and
services accessible to DBH that could be
beneficial to each unique consumer with

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EXHIBIT I

regular follow up such as several
weeks of guidance and/or a more
intensive level of assistance.
a focus on long term stabilization,
minimized use of emergency room
services as well as reduced psychiatric
hospital admissions.

II. Participating Agency Considerations
A. General Considerations
• Provide TEST staff access to data to track/report necessary information that measures reduced time law enforcement spends with individuals needing mental health services; reduced number of encounters between consumer and law enforcement; reduced number of crisis r eferrals that result in arrests and jail time; and reductions in crisis referred consumers that do not need emergency services and hospitalization. Work collaboratively with DBH, as necessary.

B. Considerations Applicable to Law Enforcement
• At the Station Co mmander’s discretion and with his/her approval, provide TEST staff with a hand-held radio after the appropriate C.L.E.T.S. testing has been taken and a statement of confidentiality has been signed and received by the Agency.
• Provide training to TEST staff for radio use with provided call signs. • Provide TEST staff an unmarked safety vehicle , if available, to facilitate services.

III. Detailed Description of Available Services TEST Staff May Provide A. The behavioral health service provided comes at no cost to th e Agency and is provided by the TEST program as an expedient link to behavioral health services for the community served. Initial services shall be directed toward achieving crisis intervention, diversion, and stabilization.

B. TEST staff is called to assist Agency staff when a possible consumer is exhibiting symptoms of psychiatric crisis. If the consumer does not present as violent and/or a danger to staff safety and the community, TEST will immediately respond starting with triage to engage and support the consumer in crisis. TEST staff will provide crisis intervention with assessment and evaluation including collateral to help identify the needs for behavioral health services. The goal of intensive case management is to stabilize and successfully link consumers to DBH services and other community resources.

The following are services provided by TEST staff:

1. Crisis Intervention is a quick emergency response service enabling the individual to cope with a crisis, while maintaining his/her status as a functioning community member to the greatest extent possible. A crisis is an unplanned event that results in the individual’s need for immediate service intervention. The response modality must allow for the resolution

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EXHIBIT I

of the consumer’s crisis. Crisis Intervention services are limited to stabilization of the presenting emergency. Service activities include but are not limited to assessment, evaluation, and collateral.
a. Assessment is an analysis of the history and current status of the individual’s mental, emotional, or behavioral disorder. Relevant cultural factors and history may be included where appropriate.

Assessments will include consumer level of acuity and risk. b. Evaluation is an appraisal of the individual’s community functioning in several areas including living situation, daily activities, social support systems and health status. Cultural issues may be addressed where appropriate.
c. Collateral is contact with one or more significant support persons in the life of the individual to assist the consumer in crisis as quickly as possible.

2. Intensive Case Management provided by TEST staff for up to 59 days to link the consumer with appropriate DBH and community resources for continued stability.

C. Consumer interventions conclude following completion of services or consumer is at an acceptable level of stability and/or linkage with supportive resources.

IV. TEST Staff
All TEST staff shall be employed by DBH. The staff described wil l work the designated number of hours per week in full time equivalents (FTE's), and perform the job functions specified.

A. The staffing will consist of the following:

An intensive case management treatment model will be used and will employ staff members that may include any combination of the following: Social Worker II, Alcohol and Drug Counselor, Mental Health Specialist, and Clinical Therapist (shall be licensed or waived by viable internship b y the State) , for the purpose of providing crisis interve ntion services, intensive case management and linkage within the dedicated office space, and in the field.

B. Staff Responsibilities:

1. Provide crisis triage/response/intervention.

2. Provide interagency coordination of crisis services.

3. Conduct case management needs assessment for possible intensive case management for consumers, identified and referred by the Agency, for referrals/linkage to DBH services and/or other community services.

4. Identify individuals with potential Substance Use Disorder and R ecovery Services (SUDRS) needs and refer to community SUDRS services.

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EXHIBIT I

5. Provide short-term follow-up case management services (up to 59 days) while consumers are appropriately linked to DBH services and/or other community services.

6. Collaborate with Agency st aff, community agencies, family, and other support persons to avoid psychiatric hospitalizations or law enforcement escalations and to improve consumers daily functioning.

7. Maintain appropriate and timely documentation, according to DBH policies and standards.

8. Attend co-location meetings such as, briefings, staff meetings, and/or other team/community meetings, as appropriate.

C. Welfare and Institutions Code (WIC) 5150 Adults/5585 Children - Involuntary Psychiatric Hold:
• Most TEST Paraprofessional staff are not able to write WIC 5150 or 5585 holds, but can assist law enforcement during WIC 5150 or 5585 evaluations by providing support to the officers writing the holds.
• The exception occurs when a DBH Clinical Therapist is available and law enforcement is NOT available to do the WIC 5150/5585 evaluations. After an evaluation, if appropriate, DBH Clinical Therapist will write the needed hold.

D. Transporting WIC 5150 or 5585 holds to appropriate psychiatric facility:
• TEST staff is able to transport consumers that do not present as violent or a flight risk with appropriate Agency vehicle without a law enforcement officer.

This method frees up law enforcement to return to the community instead of transporting the consumer and waiting at the hospital.
• TEST staff can follow/meet law enforcement to/at the hospital and sit with the consumer that do not present as violent or a flight risk.

V. Data Reporting and Outcome Measures Requirements
A. The assigned DBH Program Manager is responsible for reporting MHSA goals and outcome measures to the MHSA Coordinator, as appropriate.

The outcomes-based criteria which shall be measured are as follows:

B. DBH shall be responsible for collecting and entering data via the data collection instrument developed by the County and the State on all clients referred by the agency. DBH shall ensure the data is entered electronically at encrypted network sites and downloaded at the County centralized database (Integrated System). In

GOALS KEY OUTCOMES
Reduce
unnecess
ary
psychiatric
hospitaliza
tions
• Increased use of alternative crisis interventions (e.g., CWIC, CCRT, CSU). • Increase in number of individuals diverted from hospitalization. • Increase access to and use of existing community resources (e.g., housing, mental health services, alcohol and drug services, medical treatment, education services, etc.)

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EXHIBIT I

addition to the below performance -based criteria, data collection shall include demographic data, the number of case openings, the number of case closings, and the services provided. DBH may base future extensions of this program upon positive performance outcomes, which DBH will monitor throughout the year.

TEST staff, in collaboration with host Agency, shall collect data in a timely manner and submit it to the DBH MHSA coordinator.

VI. DBH Considerations and Special Provisions
A. Program Manager shall monitor TEST staff and provide oversight on a regular basis in regard to compliance with all of the above requirements.

B. It is further expected that the consumer population will be reflective of the social, economic and ethnic characteristics of the communities served by the Agency.

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ITEM NO. 23

STAFF REPORT

DATE: JUNE 21, 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 SOLE SOURCE PURCHASE OF ONE SUBMERSIBLE VAUGHN CHOPPER PUMP FROM ROCKWELL ENGINEERING.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the sole source purchase of one Vaughn Chopper Pump for the Riverside Lift Station for the amount not to exceed $15,623.75, which will result in an aggregate FY2021-22 cost of $65,617.65 for Rockwell Engineering.

BACKGROUND

The City’s Riverside Lift Station receives raw sewage flows from the southwestern portion of the City totaling approximately 50,000 gallons per day and serves the businesses of Colton and Rialto. The station was designed to accommodate two submersible pumps to allow for uninterrupted service during routine maintenance, weekly rotation to prolong the operational capability, and redundancy in ca se of catastrophic failure.

The Riverside Lift Station has been experiencing an increased flow of heavier materials such as rags, mop heads and non -biodegradable wipes. The originally installed KSB submersible pumps were not designed to handle these typ es of materials. The City currently uses the Vaughn Chopper Pumps throughout its sewer infrastructure, which have proven to be very efficient and reliable. A chopper pump is a submersible pump designed to shred or ‘chop’ materials, such as the aforemention ed, that can pass through the unit. This technology has resulted in a vast reduction of downtime as well as extending unit life.
23 Packet Pg. 812
Staff Report to the Mayor and City Council
Purchase - Rockwell Engineering
June 21, 2022

In November of 2021, KSB pump #1 experienced a catastrophic failure and was replaced with a Vaugh Chopper pump. The City curr ently has one Vaughn Chopper pump and one KSB pump installed at the Riverside Lift Station.

ISSUES/ANALYSIS

Due to an increase in the amount of rags, mop heads and non -biodegradable wipes at the Riverside Lift station, KSB pump #2 is experiencing increas ed maintenance and mechanical problems. In order to maintain the operational effectiveness of the lift station, staff is required to frequently pull and clean the pump to reduce the rag buildup and to prevent a sanitary sewer overflow (SSO). Colton’s Waste water Treatment Plant Lift Station, Glenwood/Wildwood Lift Station, Lake Cadena Lift Station, Fernando/Flores Lift Station, Fairway Lift Station and the Mt. Vernon Lift Station have all been retrofitted with Vaughn Chopper Pumps and our maintenance staff a re well trained and experienced with the operations and maintenance requirements.

In light of increasing issues with KSB pump #2, longer lead times dues to supply chain complications, and to establish a uniform system of components at the station, staff recommends replacing KSB pump #2 with a Vaughn Chopper Pump.

The manufacturer of the Vaughn Chopper Pump, Rockwell Engineering, has determined the cost will be approximately $15,623.75 for the replacement pump which has been specifically designed and engineered for our lift station infrastructure layout.

The estimated aggregate cost ($65,617.65 , including this purchase) for Rockwell Engineering will exceed the $50,000 authority of the City Manager. Colton Municipal Code 3.08.080(b) requires that aggrega te purchases exceeding $50,000 and less than $100,000 in a fiscal year be awarded by City Council pursuant to the non -public project informal bidding procedure. Colton Municipal Code 3.08.140(b), “Exceptions to competitive bidding for nonpublic projects”, allows the City Council to dispense with the informal bidding procedure and make award when there is no competitive market. Since Rockwell Engineering is the sole source manufacturer and distributor of Vaughn Chopper Pumps to the municipal and government s ector in Southern California, there is no competitive advantage to be gained by the public bidding process.

FISCAL IMPACTS

Sufficient appropriations are available in the FY 2021 -22 adopted budget, in the Wastewater Fund, Operations Equipment, Account Nu mber 522 -8200-8200-4955- 0000-000 for the purchase of one Vaughn Chopper Pump.

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Staff Report to the Mayor and City Council
Purchase - Rockwell Engineering
June 21, 2022

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Riverside Sub Pump Quote & SS 6-8-22
23 Packet Pg. 814

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Attachment: Riverside Sub Pump Quote & SS 6-8-22 (3676 : Purchase - Rockwell Engineering) 1 Chopper Triton
June 8, 2022
To: City of Colton
Mr. Mario Arredondo,
The appointed Vaughan Company Inc. Representative and sole source for the City of Colton, CA including sales, service and parts is Rockwell Engineering. Please contact them for pricing, information or any other assistance you require.

Sincerely,
Rockwell Engineering & Equipment
2913 El Camino Real
Ste 337
Tustin, CA 92782
E-mail: [email protected]
Ph: 714-505-9700
Stefanie Vau ghan
Vaughan Company, Inc.

Phone: 360.249.4042 ext. 227
E-Mail: [email protected]
, Rotamix·
Vaughan Company, Inc, I 364 Monte Elma Road I Montesano, WA 98563 USA I Phone: 360-249-4042 I Fax: 360-249-6155 E-Mail: [email protected] I Website: www.chopperpumps.com

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Attachment: Riverside Sub Pump Quote & SS 6-8-22 (3676 : Purchase - Rockwell Engineering)

ITEM NO. 24

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM CODY, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE THE JOB DESCRIPTION AND ADOPT CHANGES TO THE FY2021-22 SALARY TABLE FOR FULL TIME
CLASSIFICATION OF ASSISTANT PLANNER.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve the attached Job Description for the Assistant Planner classification; and

2. Adopt the changes to the Sa lary Schedule to include the salary range for the Assistant Planner classification.

BACKGROUND

On February 1, 2022, City Council adopted Resolution R -10-22 and the FY 2021 -22 mid-year budget review. Among the changes for the mid -year budget, was the app roval of a new classification, Assistant Planner, in the Development Services Department. The Assistant Planner classification was approved pending due diligence, requiring staff to bring back a job description and proposed salary range for City Council a pproval prior to filling the new vacant position.

ISSUES/ANALYSIS

Human Resources staff worked with the Development Services Department to establish a job description, herein attached. The salary range was established by comparable city surveys as well as appropriate placement within the current Colton salary schedule. Approval of this item will codify the change in the attached salary table.

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Staff Report to the Mayor and City Council
Salary Table Adjustment - FY 2022-2023
June 21, 2022

The proposed annual salary as included in the salary schedule is as follows:

Assistant Planner: $55,629.08 - $67,617.49

Staff is requesting that the City Council approve the attached job description and the accompanying salary table. The proposed changes will allow the Department to recruit and retain qualified staff.

FISCAL IMPACTS

Sufficient appropriations for the Assistant Planner position are included in the adopted FY2022- 23 budget in accordance with City Council’s approval of the Authorized Positions List .

Updating the salary schedule with the appropriate range for the classification does not requir e any additional appropriations.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Assistant Planner Job Description

2. SALARY TABLE revised 6-21-22
24 Packet Pg. 818

CITY OF COLTON

ASSISTANT PLANNER

DEFINITION:

Under immediate supervision, performs routine tasks and duties in assisting in developing current and long -range land use plans, conducting various planning studies, and providing planning information to the public.

DISTINGUISHING CHARACTERISTICS:

The Assistant Planner is the entry-level position in the professional series responsible for accomplishing the City’s planning goals and objectives and ensuring that these goals and objectives are provided to the comm unity in an effective, cost efficient manner. This class is distinguished from the Associate Planner which has higher level program responsibilities.

ESSENTIAL FUNCTIONS: (include but are not limited to the following)  Routinely reviews development proposals ranging from modest to moderate complexity, this includes reviewing building plan check and planning entitlement plans, and applications for compliance with appropriate municipal and state codes, policies, laws and regulations.  Conducts assigned pla nning projects involving preparation of graphics and maps, demographic research, implementation of new state laws and regulations pertaining to transportation, land use and housing.
 Researches and assists in preparing ordinances for reviews, this includes analyzing data with respect to relevant laws, ordinances, regulations, and policies and determining methods to reconcile project conflicts with applicable zoning requirements and state laws.  Prepares Planning Commission and Administrative staff reports a nd Resolutions, including background, analysis, and recommendations.
 Responds orally and in writing to inquiries at the planning counter; telephone, and e -mail, which may include interpreting planning policies, state laws and local ordinances and explaining procedures.
 Performs initial environmental review for projects in compliance with the California Environmental Quality Act (CEQA), including determination when a project is exempt or requires a full initial study.
 Receives and reviews permit/entitlem ent applications, assesses fees, accepts and records payments, and enters all required fields in the City’s permit software.  Assists with Department record -keeping and archiving, including development and maintaining spreadsheets/databases for use in dail y planning activities, and archiving records into Laserfiche.
 Serves as technical support staff to the Application Review Committee and the Planning Commission, as well as other committees as assigned.
 Makes oral presentations to the Planning Commission, as assigned, including preparation of PowerPoint presentations.
 Identifies and works with Code Compliance and other staff members in resolving municipal code violations and recommending corrective actions.
 Perform other related duties as required.

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Attachment: Assistant Planner Job Description (3683 : Salary Table Adjustment - FY 2022-2023)

ASSISTANT PLANNER CITY OF COLTON

QUALIFICATIONS:

Knowledge of:

Applicable city, county, state and Federal statues, rules, regulations, ordinances, codes, administrative orders and other operational guidelines and directives. Implementation of zoning and other municipal ordinances. Basic resea rch methods and elements of report writing; statistical methods and their uses. Community trends and market analysis techniques.

Terminology, symbols, methods, techniques, and instruments used in planning. Customer service and etiquette.

Ability to:

Accurately interpret, explain to the public, and make decisions in accordance with building code requirements as defined in laws, regulations, codes, and policies. Apply City codes and policies regarding zoning, environmental matters, and other regulations to field situations. Approve minor Administrative Permits and new addresses. Research and prepare technical reports.

Communicate clearly and concisely, both orally and in writing. Establish effective working relationships with those contacted in the course of work; operate a personal computer and applicable software.

QUALIFICATIONS:

Education and/or Experience:

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a n Assistant Planner. A typical way of obtaining the required qualifications is to possess some relevant work experience in land use or professional governmental planning or a related field. A Bachelor’s degree in urban or regional planning or a related field is required.

License/Certificate:

Possession of a valid Class “C” California Driver’s License.

Possession of a Bachelor’s degree.

PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS:

The work environment characteristics described here are representative of those an incumbent encounters while performing the essential functions of this class. The incumbent generally works under typical office conditions, and the noise level is usually quiet. While performing the duties of this class, the incumbent is regularly required to sit; talk or hear bo th in person and by telephone; use hands to finger, handle, feel objects or controls; and reach with hands and arms.

Specific vision abilities required by this job include close vision, color vision, and the ability to adjust focus. The incumbent may condu ct field inspections and be exposed to outside weather conditions, including heat, cold, wind, rain and other conditions. The incumbent may occasionally work near moving mechanical parts, exposed to wet and/or humid conditions and vibration, and work in co nfined or high, precarious places. The incumbent is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, dust and soil, slippery and

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Attachment: Assistant Planner Job Description (3683 : Salary Table Adjustment - FY 2022-2023)

ASSISTANT PLANNER CITY OF COLTON

uneven surfaces, risk of electrical shock and moving traffic. Incumbent must be able to safely lift and carry books, files and reports weighing up to 25 pounds. Must be able to lift files, reports, reference books and stacks of paper from counter tops or file drawers and withstand exposure to vibration, pitch and glare from a computer.

Approved By Council: February 1, 2022

24.a
Packet Pg. 821
Attachment: Assistant Planner Job Description (3683 : Salary Table Adjustment - FY 2022-2023) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Account Technician I general 110 8/21/2021 19.5984 20.5783 21.6072 22.6876 23.8220 3,397.05 3,566.90 3,745.25 3,932.51 4,129.15 40,764.62 42,802.76 44,942.82 47,190.26 49,549.76 Account Technician II general 116 8/21/2021 21.5558 22.6336 23.7652 24.9535 26.2012 3,736.33 3,923.16 4,119.30 4,325.27 4,541.53 44,835.96 47,077.68 49,431.72 51,903.28 54,498.34 Accountant general 142 8/21/2021 26.7039 28.0391 29.4411 30.9131 32.4588 4,628.67 4,860.11 5,103.13 5,358.27 5,626.20 55,544.06 58,321.38 61,237.28 64,299.30 67,514.46 Administrative Analyst I midmngt 204 11/27/2021 27.4654 28.8387 30.2806 31.7947 33.3844 4,760.67 4,998.72 5,248.63 5,511.08 5,786.64 57,127.98 59,984.60 62,983.70 66,132.82 69,439.76 Administrative Analyst II midmngt 234 11/27/2021 30.2095 31.7201 33.3061 34.9713 36.7199 5,236.32 5,498.15 5,773.06 6,061.69 6,364.78 62,836.02 65,977.60 69,276.74 72,740.46 76,377.34 Administrative Assistant general 126 8/21/2021 20.4480 21.4705 22.5439 23.6711 24.8548 3,544.32 3,721.56 3,907.60 4,103.00 4,308.17 42,532.10 44,658.64 46,891.26 49,235.94 51,697.88 Animal Services Officer general 506 8/21/2021 19.3453 20.3126 21.3282 22.3946 23.5144 3,353.18 3,520.86 3,696.88 3,881.73 4,075.83 40,238.38 42,250.00 44,362.76 46,580.82 48,909.90 Assistant City Manager executive 817 12/25/2021 93.2466 16,162.74 193,952.92 Assistant Director of Public Works & Engineering executive 838 12/25/2021 68.2606 71.6737 75.2573 79.0202 82.9713 11,831.85 12,423.44 13,044.61 13,696.84 14,381.68 141,982.14 149,081.25 156,535.32 164,362.09 172,580.19 Assistant Director of Utility Operations executive 841 12/25/2021 68.2606 71.6737 75.2573 79.0202 82.9713 11,831.85 12,423.44 13,044.61 13,696.84 14,381.68 141,982.14 149,081.25 156,535.32 164,362.09 172,580.19 Assistant Planner general 6/21/2022 26.7448 28.0820 29.4861 30.9604 32.5084 4,635.76 4,867.54 5,110.92 5,366.47 5,634.79 55,629.08 58,410.53 61,331.06 64,397.61 67,617.49 Associate Engineer midmngt 263 11/27/2021 41.3114 43.3770 45.5459 47.8231 50.2143 7,160.64 7,518.69 7,894.62 8,289.34 8,703.82 85,927.66 90,224.16 94,735.16 99,472.10 104,445.90 Associate Planner midmngt 210 11/27/2021 31.7388 33.3260 34.9920 36.7416 38.5788 5,501.39 5,776.51 6,065.28 6,368.55 6,686.99 66,016.86 69,317.82 72,783.62 76,422.58 80,243.80 Building Inspector I general 131 8/21/2021 22.6508 23.7833 24.9726 26.2211 27.5323 3,926.13 4,122.44 4,328.58 4,544.99 4,772.26 47,113.82 49,469.42 51,942.80 54,539.94 57,267.08 Building Inspector II general 179 8/21/2021 26.4774 27.8012 29.1913 30.6509 32.1835 4,589.41 4,818.88 5,059.83 5,312.82 5,578.48 55,072.94 57,826.60 60,717.80 63,753.82 66,941.42 Building Maintenance Supervisor midmngt 253 11/27/2021 34.7250 36.4612 38.2843 40.1985 42.2084 6,019.00 6,319.93 6,635.95 6,967.74 7,316.13 72,228.00 75,839.14 79,631.24 83,612.88 87,793.68 Building Official midmngt 093 11/27/2021 50.1603 52.6683 55.3018 58.0669 60.9702 8,694.44 9,129.17 9,585.64 10,064.92 10,568.17 104,333.32 109,550.22 115,027.64 120,779.10 126,818.12 Business Lic./Collections Ofcr. midmngt 206 11/27/2021 23.5381 24.7150 25.9508 27.2483 28.6108 4,079.94 4,283.94 4,498.14 4,723.04 4,959.21 48,959.30 51,407.20 53,977.82 56,676.36 59,510.36 Capital Project Manager midmngt 837 11/27/2021 40.1264 42.1327 44.2393 46.4513 48.7739 6,955.24 7,303.00 7,668.15 8,051.56 8,454.14 83,462.86 87,636.12 92,017.90 96,618.86 101,449.66 Chief Deputy City Clerk midmngt 278 12/25/2021 28.4724 29.8960 31.3908 32.9604 34.6084 4,935.21 5,181.97 5,441.07 5,713.14 5,998.78 59,222.54 62,183.68 65,292.76 68,557.32 71,985.42 City Clerk elected 1/1/2016 370.00 4,440.00
City Engineer executive 999 12/25/2021 68.4240 11,860.16 142,321.90 City Manager contract 812 12/21/2021 97.6870 16,932.42 203,189.00 City Treasurer elected 1/1/2016 2,225.00 26,700.00 Code Enforcement Officer general 138 8/21/2021 24.7782 26.0170 27.3180 28.6838 30.1180 4,294.89 4,509.62 4,735.12 4,971.86 5,220.45 51,538.50 54,115.36 56,821.18 59,662.20 62,645.44 Collection System Maintenance Supervisor midmngt 257 11/27/2021 38.0026 39.9027 41.8978 43.9927 46.1923 6,587.12 6,916.47 7,262.28 7,625.39 8,006.66 79,045.20 82,997.46 87,147.32 91,504.92 96,080.14 Collection System Maintenance Technician I ibew2 158 1/1/2022 22.1497 23.2573 24.4201 25.6410 26.9230 3,839.27 4,031.27 4,232.82 4,444.44 4,666.65 46,071.48 48,375.08 50,793.60 53,333.54 55,999.84 Collection System Maintenance Technician II ibew2 197 1/1/2022 25.4799 26.7538 28.0917 29.4962 30.9710 4,416.51 4,637.32 4,869.22 5,112.68 5,368.30 52,998.14 55,648.06 58,430.32 61,352.20 64,419.68 Collections Systems Maint Worker in Trg ibew2 190 1/1/2022 17.7242 18.6105 19.5411 20.5181 21.5439 3,072.19 3,225.82 3,387.13 3,556.46 3,734.27 36,866.70 38,709.84 40,645.28 42,677.70 44,811.26 Community Child Care Admin. Asst. general 134 8/21/2021 20.4480 21.4705 22.5439 23.6711 24.8548 3,544.32 3,721.56 3,907.60 4,103.00 4,308.17 42,532.10 44,658.64 46,891.26 49,235.94 51,697.88 Community Child Care Asst Site Supvr. midmngt 261 11/27/2021 17.6725 18.5562 19.4839 20.4581 21.4811 3,063.23 3,216.41 3,377.22 3,546.08 3,723.40 36,758.80 38,596.74 40,526.46 42,552.90 44,680.74 Community Child Care Manager midmngt 252 11/27/2021 33.5136 35.1893 36.9488 38.7962 40.7361 5,809.03 6,099.48 6,404.45 6,724.68 7,060.93 69,708.34 73,193.90 76,853.40 80,696.20 84,730.88 Community Child Care Site Supvr. midmngt 260 11/27/2021 19.6299 20.6115 21.6420 22.7241 23.8603 3,402.51 3,572.65 3,751.29 3,938.85 4,135.78 40,830.14 42,871.66 45,015.36 47,266.18 49,629.32 Community Service Officer general 607 8/21/2021 19.1327 20.0893 21.0937 22.1485 23.2559 3,316.34 3,482.14 3,656.25 3,839.08 4,031.03 39,795.86 41,785.64 43,875.00 46,068.62 48,372.22 Community Services Director * executive 804 12/25/2021 82.9713 14,381.68 172,580.16 Consumer Service Field Rep. I ibew 971 12/30/2017 25.5064 26.7816 28.1208 29.5269 31.0031 4,421.11 4,642.15 4,874.26 5,117.99 5,373.88 53,053.26 55,705.78 58,491.16 61,415.90 64,486.50 Consumer Service Field Rep. II ibew 973 12/30/2017 28.0641 29.4674 30.9406 32.4878 34.1120 4,864.45 5,107.68 5,363.04 5,631.21 5,912.75 58,373.38 61,292.14 64,356.50 67,574.52 70,952.96 Customer Svc. Rep. I general 107 8/21/2021 17.4774 18.3512 19.2688 20.2323 21.2439 3,029.42 3,180.87 3,339.93 3,506.93 3,682.27 36,353.20 38,170.60 40,079.26 42,083.08 44,187.26 Customer Svc. Rep. II general 113 8/21/2021 19.2334 20.1951 21.2049 22.2651 23.3784 3,333.79 3,500.49 3,675.52 3,859.29 4,052.26 40,005.42 42,005.86 44,106.14 46,311.46 48,627.02 Deputy City Clerk cnfdtl 173 2/1/2022 24.3709 25.5894 26.8689 28.2125 29.6231 4,224.29 4,435.50 4,657.28 4,890.16 5,134.67 50,691.68 53,226.16 55,887.52 58,682.00 61,616.10 Deputy Fire Chief executive 993 12/25/2021 64.4060 67.6263 71.0076 74.5580 78.2859 11,163.70 11,721.88 12,307.97 12,923.37 13,569.54 133,964.40 140,662.56 147,695.64 155,080.44 162,834.48 Development Services Director * executive 810 12/25/2021 82.9713 14,381.68 - - - - 172,580.16 Economic Development Manager midmngt 226 11/27/2021 44.7352 46.9719 49.3205 51.7865 54.3759 7,754.11 8,141.79 8,548.88 8,976.33 9,425.16 93,049.06 97,701.50 102,586.90 107,715.92 113,101.82 Economic Development Project Manager I midmngt 272 11/27/2021 31.6130 33.1937 34.8533 36.5960 38.4258 5,479.59 5,753.57 6,041.24 6,343.31 6,660.47 65,755.04 69,042.74 72,494.76 76,119.68 79,925.56 Economic Development Project Manager II midmngt 273 11/27/2021 37.9318 39.8284 41.8198 43.9108 46.1062 6,574.84 6,903.60 7,248.76 7,611.21 7,991.74 78,898.04 82,843.02 86,985.08 91,334.36 95,901.00 Electric Field Operations Foreman ibew 7/6/2021 51.2562 53.8190 56.5100 59.3355 62.3022 8,884.41 9,328.63 9,795.06 10,284.81 10,799.05 106,612.90 111,943.54 117,540.72 123,417.75 129,588.64 Electric Utility Director * executive 836 12/25/2021 88.8063 15,393.09 - - - - 184,717.08 Electric Utility Inspector ibew 920 12/30/2017 35.6983 37.4831 39.3574 41.3251 43.3915 6,187.70 6,497.08 6,821.95 7,163.02 7,521.19 74,252.36 77,964.90 81,863.34 85,956.26 90,254.32 Electric Utility System Designer midmngt 250 11/27/2021 39.9017 41.8968 43.9916 46.1912 48.5008 6,916.30 7,262.11 7,625.20 8,006.48 8,406.80 82,995.38 87,145.24 91,502.58 96,077.80 100,881.56 Electrical Sys Engineer/GIS Project Manager midmngt 221 11/27/2021 38.8821 40.8262 42.8675 45.0109 47.2614 6,739.57 7,076.55 7,430.37 7,801.89 8,191.97 80,874.82 84,918.34 89,164.40 93,622.88 98,303.92 Energy Services Specialist midmngt 231 11/27/2021 33.6458 35.3281 37.0945 38.9492 40.8967 5,831.93 6,123.53 6,429.71 6,751.19 7,088.77 69,983.42 73,482.50 77,156.56 81,014.44 85,064.98 Engineering Assistant midmngt 264 11/27/2021 34.6025 36.3326 38.1492 40.0567 42.0595 5,997.77 6,297.66 6,612.52 6,943.16 7,290.32 71,973.20 75,571.86 79,350.44 83,317.78 87,484.02 Engineering GIS Technician ibew 907 12/30/2017 32.0504 33.6529 35.3356 37.1024 38.9575 5,555.40 5,833.17 6,124.84 6,431.08 6,752.63 66,664.78 69,997.98 73,498.10 77,172.94 81,031.60 Engineering Manager midmngt 207 11/27/2021 43.7660 45.9543 48.2519 50.6645 53.1978 7,586.10 7,965.41 8,363.66 8,781.84 9,220.95 91,033.02 95,585.10 100,364.16 105,382.16 110,651.58 Engineering Technician I general 125 8/21/2021 23.8278 25.0192 26.2702 27.5837 28.9629 4,130.15 4,336.66 4,553.51 4,781.18 5,020.24 49,561.98 52,040.04 54,641.86 57,374.20 60,242.78 Engineering Technician II general 156 8/21/2021 27.4025 28.7727 30.2113 31.7218 33.3079 4,749.77 4,987.27 5,236.62 5,498.45 5,773.37 56,997.20 59,847.06 62,839.40 65,981.50 69,280.64 Environmental and Conservation Supervisor midmngt 238 11/27/2021 38.7059 40.6413 42.6733 44.8070 47.0473 6,709.02 7,044.49 7,396.70 7,766.55 8,154.86 80,508.48 84,533.80 88,760.62 93,198.56 97,858.54 Equipment Mechanic general 129 8/21/2021 22.0781 23.1821 24.3411 25.5581 26.8361 3,826.88 4,018.24 4,219.13 4,430.07 4,651.59 45,922.50 48,218.56 50,629.54 53,160.90 55,819.14 Equipment Operator II general 124 8/21/2021 20.6742 21.7080 22.7933 23.9330 25.1296 3,583.53 3,762.73 3,950.85 4,148.39 4,355.79 43,002.18 45,152.38 47,409.96 49,780.38 52,269.62 Executive Administrator to Mayor and Council cnfdtl 820 12/25/2021 35.4489 37.2213 39.0824 41.0365 43.0884 6,144.47 6,451.70 6,774.28 7,112.99 7,468.66 73,733.66 77,420.46 81,291.60 85,355.92 89,623.82 Executive Assistant midmngt 268 11/27/2021 25.2690 26.5324 27.8591 29.2520 30.7146 4,379.96 4,598.94 4,828.91 5,070.35 5,323.87 52,559.52 55,187.34 57,946.72 60,844.16 63,886.42 Executive Assistant to City Manager cnfdtl 819 12/25/2021 32.2504 33.8629 35.5560 37.3337 39.2004 5,590.07 5,869.57 6,163.05 6,471.18 6,794.74 67,080.78 70,434.78 73,956.22 77,654.20 81,537.04 Executive Assistant to Police Chief midmngt 203 11/27/2021 25.2690 26.5324 27.8591 29.2520 30.7146 4,379.96 4,598.94 4,828.91 5,070.35 5,323.87 52,559.52 55,187.34 57,946.72 60,844.16 63,886.42 Finance Director * executive 807 12/25/2021 82.9713 14,381.68 172,580.16 Finance Manager cnfdtl 460 12/25/2021 47.5736 49.9523 52.4499 55.0725 57.8260 8,246.10 8,658.40 9,091.32 9,545.90 10,023.18 98,953.14 103,900.94 109,095.74 114,550.54 120,278.08 Fire Battalion Chief fire 309 11/27/2021 39.5816 41.5607 43.6387 45.8207 48.1117 9,605.14 10,085.39 10,589.66 11,119.15 11,675.10 115,261.64 121,024.80 127,075.78 133,429.92 140,101.26 Fire Captain fire 304 11/27/2021 31.2762 32.8400 34.4819 36.2062 38.0164 7,589.68 7,969.17 8,367.60 8,786.03 9,225.31 91,076.18 95,629.82 100,411.48 105,432.34 110,703.58 Fire Chief * executive 815 12/25/2021 88.8063 15,393.09 184,717.08 ANNUALRevised
Date

FULL TIME CLASSIFICATIONS

SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2021-22
REVISED 6/21/2022
Pay
Grade

24.b
Packet Pg. 822
Attachment: SALARY TABLE revised 6-21-22 (3683 : Salary Table Adjustment - FY 2022-2023) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUALRevised
Date

FULL TIME CLASSIFICATIONS

SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2021-22
REVISED 6/21/2022
Pay
Grade
Fire Engineer fire 303 11/27/2021 27.7482 29.1356 30.5924 32.1219 33.7281 6,733.57 7,070.25 7,423.76 7,794.92 8,184.69 80,802.54 84,842.94 89,084.84 93,539.16 98,216.30 Fire Marshal fire 306 11/27/2021 55.3991 58.1690 61.0775 64.1314 67.3379 9,602.51 10,082.62 10,586.77 11,116.11 11,671.91 115,229.92 120,991.52 127,041.20 133,393.26 140,062.78 Fire Safety Specialist I general 157 8/21/2021 22.6508 23.7833 24.9726 26.2211 27.5323 3,926.13 4,122.44 4,328.58 4,544.99 4,772.26 47,113.82 49,469.42 51,942.80 54,539.94 57,267.08 Fire Safety Specialist II general 330 8/21/2021 26.4774 27.8012 29.1913 30.6509 32.1834 4,589.41 4,818.88 5,059.83 5,312.82 5,578.46 55,072.94 57,826.60 60,717.80 63,753.82 66,941.42 Firefighter fire 301 12/29/2018 21.6238 22.7051 23.8404 25.0323 26.2839 5,247.39 5,509.77 5,785.26 6,074.51 6,378.23 62,968.62 66,117.22 69,423.12 72,894.12 76,538.80 Firefighter Medic fire 308 11/27/2021 26.0146 27.3153 28.6810 30.1151 31.6209 6,312.87 6,628.51 6,959.93 7,307.93 7,673.33 75,754.38 79,542.32 83,519.28 87,695.14 92,080.04 GIS Specialist general 166 8/21/2021 24.7655 26.0038 27.3040 28.6691 30.1027 4,292.69 4,507.32 4,732.69 4,969.30 5,217.80 51,512.24 54,087.80 56,792.32 59,631.78 62,613.46 Homeless Solutions Coordinator general 103 8/21/2021 24.3780 25.5969 26.8768 28.2205 29.6316 4,225.52 4,436.80 4,658.65 4,891.55 5,136.15 50,706.24 53,241.50 55,903.64 58,698.90 61,633.78 Human Resources Analyst cnfdtl 835 12/25/2021 33.2305 34.8920 36.6366 38.4683 40.3918 5,759.95 6,047.95 6,350.35 6,667.83 7,001.24 69,119.44 72,575.36 76,203.92 80,014.22 84,015.10 Human Resources Director * executive 994 12/25/2021 82.9713 14,381.68 172,580.16 Human Resources Manager cnfdtl 218 12/25/2021 47.5736 49.9523 52.4499 55.0725 57.8260 8,246.10 8,658.40 9,091.32 9,545.90 10,023.18 98,953.14 103,900.94 109,095.74 114,550.54 120,278.08 Human Resources Specialist cnfdtl 149 12/25/2021 26.7448 28.0820 29.4862 30.9605 32.5085 4,635.76 4,867.54 5,110.94 5,366.49 5,634.81 55,629.08 58,410.56 61,331.14 64,397.84 67,617.42 Human Resources Technician general 145 8/21/2021 22.3614 23.4794 24.6534 25.8861 27.1804 3,875.97 4,069.77 4,273.26 4,486.92 4,711.27 46,511.66 48,837.10 51,279.02 53,843.14 56,535.18 Information Technology Coordinator midmngt 279 11/27/2021 35.1750 36.9338 38.7804 40.7194 42.7554 6,097.00 6,401.85 6,721.94 7,058.02 7,410.94 73,164.00 76,822.46 80,663.18 84,696.30 88,931.44 Information Technology Supervisor midmngt 990 11/27/2021 40.4502 42.4728 44.5964 46.8263 49.1676 7,011.36 7,361.94 7,730.04 8,116.56 8,522.39 84,136.52 88,343.32 92,760.72 97,398.34 102,268.66 Lead Equipment Mechanic general 130 8/21/2021 26.9620 28.3101 29.7256 31.2118 32.7724 4,673.41 4,907.08 5,152.43 5,410.04 5,680.56 56,080.70 58,885.06 61,829.30 64,920.70 68,166.80 Library Manager midmngt 291 11/27/2021 39.4928 41.4674 43.5407 45.7178 48.0038 6,845.41 7,187.68 7,547.05 7,924.42 8,320.66 82,144.92 86,252.14 90,564.76 95,092.92 99,847.80 Line Crew Supervisor ibew 916 12/30/2017 48.1194 50.5254 53.0516 55.7041 58.4894 8,340.69 8,757.73 9,195.62 9,655.38 10,138.16 100,088.30 105,092.78 110,347.38 115,864.58 121,657.90 Literacy Coordinator/Branch Supervisor midmngt 276 11/27/2021 28.8878 30.3323 31.8488 33.4413 35.1133 5,007.21 5,257.61 5,520.45 5,796.49 6,086.30 60,086.52 63,091.08 66,245.66 69,557.80 73,035.82 Maintenance Crew Leader general 178 8/21/2021 23.3810 24.5500 25.7775 27.0664 28.4197 4,052.71 4,255.32 4,468.11 4,691.51 4,926.09 48,632.48 51,064.00 53,617.20 56,298.06 59,113.08 Maintenance Electrician ibew 908 12/30/2017 31.0373 32.5891 34.2185 35.9295 37.7261 5,379.79 5,648.78 5,931.21 6,227.78 6,539.20 64,557.48 67,785.38 71,174.48 74,733.36 78,470.34 Maintenance Worker I general 111 8/21/2021 18.4404 19.3624 20.3305 21.3471 22.4144 3,196.33 3,356.15 3,523.96 3,700.17 3,885.16 38,355.98 40,273.74 42,287.44 44,402.02 46,621.90 Maintenance Worker I, Building general 117 8/21/2021 20.7187 21.7546 22.8423 23.9844 25.1836 3,591.25 3,770.79 3,959.33 4,157.30 4,365.16 43,094.74 45,249.62 47,511.88 49,887.50 52,381.94 Maintenance Worker I, Police general 135 8/21/2021 18.4404 19.3624 20.3305 21.3471 22.4144 3,196.33 3,356.15 3,523.96 3,700.17 3,885.16 38,355.98 40,273.74 42,287.44 44,402.02 46,621.90 Maintenance Worker II general 115 8/21/2021 19.3656 20.3339 21.3506 22.4182 23.5391 3,356.71 3,524.54 3,700.77 3,885.83 4,080.12 40,280.50 42,294.72 44,409.30 46,629.70 48,961.12 Maintenance Worker II, Building general 118 8/21/2021 21.7509 22.8384 23.9804 25.1794 26.4383 3,770.15 3,958.66 4,156.61 4,364.42 4,582.64 45,241.82 47,504.08 49,879.18 52,373.10 54,991.82 Maintenance Worker III general 153 8/21/2021 22.2417 23.3538 24.5215 25.7476 27.0349 3,855.22 4,048.00 4,250.40 4,462.92 4,686.05 46,262.84 48,575.80 51,004.72 53,555.06 56,232.80 Maintenance Worker III, Building general 132 8/21/2021 25.0219 26.2731 27.5867 28.9660 30.4143 4,337.13 4,554.00 4,781.70 5,020.77 5,271.80 52,045.50 54,647.84 57,380.18 60,249.28 63,261.90 Meter Technician ibew 980 12/30/2017 37.8661 39.7594 41.7475 43.8349 46.0266 6,563.46 6,891.63 7,236.23 7,598.05 7,977.95 78,761.54 82,699.50 86,834.80 91,176.54 95,735.38 Meter Technician Apprentice ibew 983 12/30/2017 33.2788 34.9428 36.6899 38.5245 40.4506 5,768.32 6,056.74 6,359.58 6,677.58 7,011.44 69,219.80 72,680.92 76,314.94 80,130.96 84,137.30 Network Technician general 168 8/21/2021 24.3435 25.5607 26.8388 28.1807 29.5897 4,219.54 4,430.52 4,652.06 4,884.65 5,128.88 50,634.74 53,166.36 55,824.60 58,615.96 61,546.68 Office Specialist I general 186 8/21/2021 15.8600 16.6530 17.4857 18.3599 19.2779 2,749.07 2,886.52 3,030.85 3,182.39 3,341.51 32,988.80 34,638.24 36,370.10 38,188.54 40,097.98 Office Specialist II general 106 8/21/2021 16.8292 17.6707 18.5542 19.4819 20.4560 2,917.05 3,062.92 3,216.07 3,376.85 3,545.71 35,004.84 36,754.90 38,592.84 40,522.30 42,548.48 Payroll Analyst cnfdtl 839 12/25/2021 33.2305 34.8920 36.6366 38.4683 40.3918 5,759.95 6,047.95 6,350.35 6,667.83 7,001.24 69,119.44 72,575.36 76,203.92 80,014.22 84,015.10 Payroll Technician I general 121 8/21/2021 21.5620 22.6401 23.7721 24.9607 26.2087 3,737.41 3,924.28 4,120.50 4,326.52 4,542.85 44,848.96 47,091.20 49,446.02 51,918.10 54,514.20 Payroll Technician II general 170 8/21/2021 23.7207 24.9068 26.1521 27.4597 28.8327 4,111.58 4,317.18 4,533.03 4,759.69 4,997.67 49,339.16 51,806.04 54,396.16 57,116.02 59,972.12 Planning Manager midmngt 262 11/27/2021 42.3060 44.4213 46.6424 48.9745 51.4232 7,333.04 7,699.69 8,084.68 8,488.91 8,913.36 87,996.48 92,396.20 97,015.88 101,866.70 106,960.10 Planning/Building Technician general 193 8/21/2021 22.1095 23.2150 24.3758 25.5946 26.8743 3,832.31 4,023.93 4,225.14 4,436.40 4,658.22 45,987.76 48,287.20 50,701.56 53,236.56 55,898.70 Plans Examiner I general 840 8/21/2021 29.1251 30.5813 32.1104 33.7159 35.4018 5,048.36 5,300.76 5,565.81 5,844.08 6,136.31 60,580.26 63,609.26 66,789.58 70,129.28 73,635.64 Plans Examiner II general 342 8/21/2021 32.0376 33.6395 35.3215 37.0875 38.9420 5,553.19 5,830.85 6,122.39 6,428.49 6,749.95 66,638.26 69,970.16 73,468.72 77,142.26 80,999.36 Police Captain cpma 402 11/27/2021 60.3405 63.3574 66.5256 69.8515 73.3443 10,459.02 10,981.95 11,531.11 12,107.59 12,713.00 125,508.24 131,783.34 138,373.30 145,291.12 152,556.04 Police Chief * executive 808 12/25/2021 88.8063 15,393.09 184,717.08 Police Cpl./Detective police 510 8/21/2021 38.0405 39.9426 41.9397 44.0367 46.2384 6,593.69 6,923.39 7,269.54 7,633.04 8,014.65 79,124.24 83,080.66 87,234.42 91,596.44 96,175.82 Police Dispatcher I dispatch 603 9/4/2021 21.0836 22.1379 23.2447 24.4070 25.6273 3,654.50 3,837.23 4,029.07 4,230.55 4,442.06 43,853.94 46,046.78 48,348.82 50,766.56 53,304.68 Police Dispatcher II dispatch 605 9/4/2021 23.2423 24.4043 25.6248 26.9060 28.2513 4,028.68 4,230.09 4,441.62 4,663.71 4,896.88 48,344.14 50,761.10 53,299.48 55,964.48 58,762.60 Police Lieutenant cpma 401 11/27/2021 54.8550 57.5976 60.4779 63.5014 66.6766 9,508.20 9,983.59 10,482.83 11,006.91 11,557.28 114,098.40 119,803.06 125,793.98 132,082.86 138,687.38 Police Officer police 508 8/21/2021 34.2615 35.9746 37.7733 39.6621 41.6452 5,938.66 6,235.58 6,547.36 6,874.77 7,218.50 71,263.92 74,826.96 78,568.36 82,497.22 86,621.86 Police Officer Trainee police2 507 8/21/2021 25.2855 26.5496 27.8772 29.2713 30.7347 4,382.84 4,601.94 4,832.06 5,073.68 5,327.34 52,594.10 55,223.22 57,984.68 60,884.20 63,928.02 Police Records Supervisor midmngt 610 11/27/2021 23.8792 25.0731 26.3268 27.6431 29.0253 4,139.05 4,346.01 4,563.31 4,791.47 5,031.04 49,668.84 52,152.10 54,759.90 57,497.70 60,372.52 Police Sergeant police 511 8/21/2021 45.3347 47.6014 49.9817 52.4805 55.1046 7,858.02 8,250.91 8,663.50 9,096.62 9,551.47 94,296.28 99,010.86 103,962.04 109,159.44 114,617.62 Police Services Clerk I general 601 8/21/2021 16.2501 17.0627 17.9158 18.8116 19.7521 2,816.69 2,957.54 3,105.40 3,260.67 3,423.70 33,800.26 35,490.52 37,264.76 39,128.18 41,084.42 Police Services Clerk II general 602 8/21/2021 17.0621 17.9152 18.8109 19.7515 20.7391 2,957.43 3,105.30 3,260.55 3,423.59 3,594.77 35,488.96 37,263.46 39,126.88 41,082.86 43,137.12 Police Support Services Manager midmngt 512 11/27/2021 35.4489 37.2213 39.0824 41.0365 43.0884 6,144.47 6,451.70 6,774.28 7,112.99 7,468.66 73,733.66 77,420.46 81,291.60 85,355.92 89,623.82 Power Line Helper ibew 905 12/30/2017 27.7414 29.1285 30.5849 32.1141 33.7198 4,808.51 5,048.94 5,301.38 5,566.45 5,844.76 57,702.06 60,587.28 63,616.54 66,797.38 70,137.08 Power Line Technician ibew 918 12/30/2017 41.8401 43.9321 46.1289 48.4353 50.8570 7,252.29 7,614.90 7,995.67 8,395.44 8,815.21 87,027.46 91,378.82 95,948.06 100,745.32 105,782.56 Power Line Technician Apprentice ibew 909 12/30/2017 35.5716 37.3503 39.2178 41.1786 43.2376 6,165.75 6,474.04 6,797.74 7,137.63 7,494.52 73,988.98 77,688.52 81,572.92 85,651.54 89,934.26 Principal Librarian midmngt 211 11/27/2021 30.3920 31.9116 33.5072 35.1826 36.9417 5,267.95 5,531.34 5,807.91 6,098.32 6,403.22 63,215.36 66,376.18 69,695.08 73,179.86 76,838.84 Production Supervisor midmngt 283 11/27/2021 31.2354 32.7971 34.4369 36.1588 37.9668 5,414.13 5,684.84 5,969.06 6,267.53 6,580.91 64,969.58 68,218.02 71,628.96 75,210.46 78,971.10 Public Works & Utilities Director * executive 842 12/25/2021 88.8063 15,393.09 - - - - 184,717.08 Public Works & Utility Inspector ibew2 995 1/1/2022 31.7537 33.3414 35.0085 36.7587 38.5968 5,503.98 5,779.18 6,068.14 6,371.51 6,690.12 66,047.54 69,350.32 72,817.42 76,458.20 80,281.24 Public Works & Water/Wastewater Admin Manager midmngt 200 11/27/2021 45.2325 47.4942 49.8688 52.3623 55.1658 7,840.30 8,232.33 8,643.93 9,076.13 9,562.06 94,083.60 98,787.78 103,727.26 108,913.48 114,744.50 Public Works Director * executive 806 12/25/2021 88.8063 15,393.09 184,717.08 Public Works Engineering Superintendent midmngt 298 11/27/2021 53.4393 56.1113 58.9168 61.8627 65.1657 9,262.81 9,725.97 10,212.25 10,722.88 11,295.39 111,153.90 116,711.66 122,547.10 128,674.52 135,473.78 Public Works Equipment Operator II general 124 8/21/2021 20.6742 21.7080 22.7933 23.9330 25.1296 3,583.53 3,762.73 3,950.85 4,148.39 4,355.79 43,002.18 45,152.38 47,409.96 49,780.38 52,269.62 Public Works Superintendent midmngt 997 11/27/2021 36.8577 38.7006 40.6357 42.6674 44.8008 6,388.66 6,708.11 7,043.52 7,395.69 7,765.48 76,664.12 80,497.30 84,522.10 88,748.14 93,185.56 Public Works Supervisor midmngt 451 11/27/2021 34.7250 36.4612 38.2843 40.1985 42.2084 6,019.00 6,319.93 6,635.95 6,967.74 7,316.13 72,228.00 75,839.40 79,631.24 83,613.14 87,793.68 Purchasing and Customer Service Manager midmngt 224 11/27/2021 46.5037 48.8289 51.2704 53.8339 56.5255 8,060.63 8,463.68 8,886.87 9,331.21 9,797.75 96,727.80 101,564.06 106,642.38 111,974.72 117,573.30 Recreation Services Coordinator general 123 8/21/2021 22.1158 23.2216 24.3827 25.6019 26.8819 3,833.40 4,025.07 4,226.34 4,437.66 4,659.52 46,001.02 48,300.98 50,716.12 53,251.90 55,914.56

24.b
Packet Pg. 823
Attachment: SALARY TABLE revised 6-21-22 (3683 : Salary Table Adjustment - FY 2022-2023) Job Title Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ANNUALRevised
Date

FULL TIME CLASSIFICATIONS

SALARY TABLE
MONTHLYHOURLYBargaining
Unit
FY 2021-22
REVISED 6/21/2022
Pay
Grade
Recreation Services Manager midmngt 239 11/27/2021 39.8890 41.8834 43.9777 46.1765 48.4854 6,914.09 7,259.78 7,622.80 8,003.93 8,404.14 82,969.12 87,117.68 91,473.72 96,047.12 100,849.58 Senior Accountant midmngt 233 11/27/2021 32.9850 34.6342 36.3660 38.1842 40.0935 5,717.40 6,003.25 6,303.43 6,618.59 6,949.53 68,608.80 72,039.24 75,641.28 79,423.24 83,394.22 Senior Collection System Maintenance Technician ibew2 198 1/1/2022 26.7538 28.0915 29.4961 30.9710 32.5194 4,637.32 4,869.19 5,112.66 5,368.31 5,636.70 55,648.06 58,430.06 61,351.94 64,419.68 67,640.56 Senior Consumer Service Field Rep ibew 906 12/30/2017 30.8734 32.4169 34.0378 35.7396 37.5265 5,351.39 5,618.93 5,899.88 6,194.87 6,504.59 64,216.62 67,427.10 70,798.52 74,338.42 78,055.12 Senior Customer Service Rep general 122 8/21/2021 22.1158 23.2216 24.3827 25.6019 26.8819 3,833.40 4,025.07 4,226.34 4,437.66 4,659.52 46,001.02 48,300.98 50,716.12 53,251.90 55,914.56 Senior Electric Utility Inspector ibew 982 12/30/2017 40.1339 42.1405 44.2475 46.4600 48.7829 6,956.54 7,304.35 7,669.57 8,053.07 8,455.70 83,478.46 87,652.24 92,034.80 96,636.80 101,468.38 Senior Energy Services Specialist midmngt 992 11/27/2021 37.6974 39.5822 41.5613 43.6394 45.8214 6,534.21 6,860.92 7,203.95 7,564.17 7,942.37 78,410.54 82,331.08 86,447.40 90,769.90 95,308.46 Senior Human Resources Analyst cnfdtl 5/17/2022 42.4114 44.5320 46.7586 49.0965 51.5513 7,351.31 7,718.87 8,104.82 8,510.06 8,935.56 88,215.69 92,626.48 97,257.80 102,120.69 107,226.72 Senior Office Specialist general 120 8/21/2021 18.0501 18.9526 19.9003 20.8953 21.9400 3,128.69 3,285.12 3,449.38 3,621.85 3,802.94 37,544.26 39,421.46 41,392.52 43,462.38 45,635.46 Senior Planner midmngt 228 11/27/2021 37.9948 39.8946 41.8893 43.9837 46.1830 6,585.76 6,915.06 7,260.81 7,623.84 8,005.05 79,029.08 82,980.56 87,129.64 91,485.94 96,060.38 Senior Police Dispatcher dispatch 606 9/4/2021 25.5649 26.8431 28.1853 29.5945 31.0743 4,431.25 4,652.81 4,885.44 5,129.71 5,386.20 53,174.94 55,833.70 58,625.32 61,556.56 64,634.44 Senior Risk Management Analyst cnfdtl 5/17/2022 42.4114 44.5320 46.7586 49.0965 51.5513 7,351.31 7,718.87 8,104.82 8,510.06 8,935.56 88,215.69 92,626.48 97,257.80 102,120.69 107,226.72 Senior Substation Electrician ibew 978 12/30/2017 44.1973 46.4071 48.7275 51.1640 53.7221 7,660.86 8,043.90 8,446.10 8,868.43 9,311.84 91,930.28 96,526.82 101,353.20 106,421.12 111,742.02 Senior Utilities Financial Analyst midmngt 213 11/27/2021 40.3422 42.3594 44.4773 46.7012 49.0362 6,992.64 7,342.29 7,709.40 8,094.87 8,499.60 83,911.88 88,107.50 92,512.94 97,138.60 101,995.40 Senior Wastewater Treatment Plant Mechanic ibew2 12/30/2017 30.4333 31.9550 33.5526 35.2303 36.9919 5,275.10 5,538.87 5,815.78 6,106.58 6,411.93 63,301.16 66,466.40 69,789.46 73,278.92 76,943.10 Senior Wastewater Treatment Plant Operator ibew2 161 1/1/2022 34.3311 36.0477 37.8500 39.7426 41.7297 5,950.73 6,248.26 6,560.66 6,888.71 7,233.15 71,408.74 74,979.32 78,728.00 82,664.66 86,797.88 Senior Water Conservation Specialist general 993 8/21/2021 31.7366 33.3234 34.9896 36.7391 38.5760 5,501.01 5,776.06 6,064.86 6,368.11 6,686.51 66,011.92 69,312.62 72,778.42 76,417.12 80,238.08 Senior Water Distribution Operator ibew2 137 1/1/2022 31.0337 32.5854 34.2146 35.9254 37.7216 5,379.17 5,648.14 5,930.53 6,227.08 6,538.41 64,550.20 67,777.58 71,166.42 74,724.78 78,460.98 Senior Water Quality Technician ibew2 991 1/1/2022 33.4571 35.1302 36.8861 38.7309 40.6675 5,799.22 6,089.24 6,393.59 6,713.36 7,049.03 69,591.08 73,070.40 76,639.68 80,560.22 84,588.40 Senior Water Treatment Operator ibew2 137 1/1/2022 31.0337 32.5854 34.2146 35.9254 37.7216 5,379.17 5,648.14 5,930.53 6,227.08 6,538.41 64,550.20 67,777.58 71,166.42 74,724.78 78,460.98 Senior Water Utilities Operator ibew2 12/30/2017 29.9756 31.4743 33.0480 34.7005 36.4354 5,195.78 5,455.55 5,728.32 6,014.76 6,315.48 62,349.30 65,466.44 68,739.84 72,177.04 75,785.58 Service Crew Supervisor ibew 915 12/30/2017 46.0263 48.3276 50.7439 53.2811 55.9451 7,977.88 8,376.79 8,795.61 9,235.40 9,697.16 95,734.60 100,521.46 105,547.26 110,824.74 116,365.86 Storekeeper general 147 8/21/2021 18.2882 19.2026 20.1628 21.1709 22.2294 3,169.95 3,328.44 3,494.88 3,669.63 3,853.09 38,039.56 39,941.46 41,938.52 44,035.42 46,237.10 Substation Electrician ibew 977 12/30/2017 40.1775 42.1864 44.2956 46.5104 48.8359 6,964.10 7,312.31 7,677.91 8,061.80 8,464.89 83,569.20 87,747.66 92,134.90 96,741.58 101,578.62 Substation Electrician Apprentice ibew 976 12/30/2017 35.9178 37.7138 39.5994 41.5793 43.6584 6,225.74 6,537.05 6,863.89 7,207.07 7,567.45 74,708.92 78,444.60 82,366.70 86,484.84 90,809.42 Substation Operations Supervisor ibew 979 12/30/2017 48.9304 51.3769 53.9458 56.6430 59.4751 8,481.27 8,905.33 9,350.60 9,818.12 10,309.02 101,775.18 106,863.90 112,207.16 117,817.44 123,708.26 Substation Superintendent midmngt 225 11/27/2021 54.9401 57.6870 60.5714 63.6000 66.7800 9,522.95 9,999.08 10,499.03 11,024.00 11,575.20 114,275.20 119,989.22 125,988.46 132,288.00 138,902.40 Supervising Communication Dispatcher dispatch 608 9/4/2021 30.6754 32.2090 33.8194 35.5104 37.2859 5,317.04 5,582.87 5,862.03 6,155.13 6,462.89 63,804.52 66,994.46 70,344.30 73,861.58 77,554.62 Transmission/Distr. Superintendent midmngt 217 11/27/2021 54.9401 57.6870 60.5714 63.6000 66.7800 9,522.95 9,999.08 10,499.03 11,024.00 11,575.20 114,275.20 119,989.22 125,988.46 132,288.00 138,902.40 Utilities Business Systems Analyst midmngt 205 11/27/2021 35.1750 36.9338 38.7804 40.7194 42.7554 6,097.00 6,401.85 6,721.94 7,058.02 7,410.94 73,164.00 76,822.46 80,663.44 84,696.30 88,931.44 Utilities Engineer midmngt 297 11/27/2021 41.3114 43.3770 45.5458 47.8231 50.2143 7,160.64 7,518.69 7,894.60 8,289.33 8,703.82 85,927.66 90,224.16 94,735.42 99,472.10 104,445.64 Utilities Executive Assistant midmngt 998 11/27/2021 25.2690 26.5324 27.8591 29.2520 30.7146 4,379.96 4,598.94 4,828.91 5,070.35 5,323.87 52,559.52 55,187.34 57,946.72 60,844.16 63,886.16 Utilities Financial Analyst midmngt 290 11/27/2021 36.1254 37.9318 39.8284 41.8197 43.9107 6,261.74 6,574.84 6,903.58 7,248.74 7,611.18 75,141.04 78,898.04 82,843.02 86,985.08 91,334.36 Utilities Planning Manager midmngt 450 11/27/2021 50.5129 53.0385 55.6904 58.4750 61.3987 8,755.57 9,193.34 9,653.01 10,135.66 10,642.44 105,066.78 110,320.08 115,836.24 121,628.00 127,709.14 Utilities Plans Examiner midmngt 236 11/27/2021 27.8053 29.1956 30.6554 32.1881 33.7975 4,819.58 5,060.58 5,313.61 5,579.27 5,858.23 57,835.18 60,726.90 63,763.18 66,951.30 70,299.06 Utility Resource Analyst midmngt 497 11/27/2021 41.3114 43.3770 45.5459 47.8231 50.2143 7,160.64 7,518.69 7,894.62 8,289.34 8,703.82 85,927.66 90,224.16 94,735.16 99,472.10 104,445.64 Warehouse Supervisor midmngt 275 11/27/2021 24.0165 25.2174 26.4782 27.8021 29.1922 4,162.86 4,371.02 4,589.55 4,819.03 5,059.98 49,954.32 52,452.14 55,074.50 57,828.42 60,719.88 Wastewater Equip Mech-In-Training ibew2 175 1/1/2022 18.2026 19.1128 20.0686 21.0719 22.1255 3,155.12 3,312.88 3,478.56 3,652.47 3,835.09 37,861.46 39,754.78 41,742.74 43,829.50 46,021.04 Wastewater Operator-in-Training ibew2 167 1/1/2022 17.1936 18.0532 18.9558 19.9037 20.8987 2,980.22 3,129.22 3,285.68 3,449.98 3,622.44 35,762.48 37,550.50 39,428.22 41,399.80 43,469.40 Wastewater Treatment Plant Mechanic I ibew2 155 1/1/2022 23.5008 24.6758 25.9100 27.2051 28.5653 4,073.46 4,277.14 4,491.06 4,715.55 4,951.32 48,881.56 51,325.56 53,892.02 56,586.14 59,415.72 Wastewater Treatment Plant Mechanic II ibew2 159 1/1/2022 30.0073 31.5076 33.0830 34.7371 36.4739 5,201.26 5,461.32 5,734.39 6,021.09 6,322.15 62,415.34 65,535.60 68,812.64 72,252.96 75,865.66 Wastewater Treatment Plant Operator I ibew2 133 1/1/2022 25.9729 27.2714 28.6353 30.0667 31.5703 4,501.97 4,727.05 4,963.45 5,211.55 5,472.18 54,023.58 56,724.72 59,561.06 62,539.10 65,665.86 Wastewater Treatment Plant Operator II ibew2 184 1/1/2022 29.8616 31.3549 32.9223 34.5686 36.2971 5,176.01 5,434.85 5,706.54 5,991.90 6,291.49 62,111.92 65,218.14 68,478.28 71,902.48 75,498.02 Wastewater Utilities Manager midmngt 219 11/27/2021 47.6806 50.0647 52.5678 55.1963 57.9561 8,264.64 8,677.87 9,111.75 9,567.35 10,045.72 99,175.70 104,134.42 109,341.18 114,808.20 120,548.74 Wastewater Utilities Supervisor midmngt 255 11/27/2021 38.0026 39.9027 41.8978 43.9927 46.1923 6,587.12 6,916.47 7,262.28 7,625.39 8,006.66 79,045.20 82,997.46 87,147.32 91,504.92 96,080.14 Water & Wastewater Utilities Superintendent midmngt 299 11/27/2021 55.0739 57.8276 60.7190 63.7549 66.9426 9,546.14 10,023.45 10,524.63 11,050.85 11,603.39 114,553.66 120,281.46 126,295.52 132,610.14 139,240.66 Water Conservation Specialist general 189 8/21/2021 28.7745 30.2132 31.7239 33.3100 34.9756 4,987.58 5,236.96 5,498.81 5,773.73 6,062.43 59,850.96 62,843.56 65,985.66 69,285.06 72,749.04 Water Distribution Operator I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Distribution Operator II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Distribution Operator III ibew2 181 1/1/2022 29.5551 31.0327 32.5843 34.2135 35.9242 5,122.88 5,378.99 5,647.94 5,930.34 6,226.86 61,474.40 64,548.12 67,775.24 71,164.34 74,722.18 Water Equipment Operator I ibew2 12/30/2017 18.6728 19.6064 20.5866 21.6160 22.6966 3,236.61 3,398.44 3,568.35 3,746.78 3,934.08 38,839.32 40,781.26 42,820.18 44,961.28 47,208.98 Water Equipment Operator II ibew2 171 1/1/2022 21.4550 22.5275 23.6541 24.8366 26.0785 3,718.87 3,904.76 4,100.05 4,305.02 4,520.27 44,626.40 46,857.20 49,200.58 51,659.92 54,243.02 Water Quality Specialist ibew2 183 1/1/2022 29.8678 31.3612 32.9290 34.5755 36.3043 5,177.09 5,435.94 5,707.69 5,993.09 6,292.75 62,124.66 65,231.40 68,492.32 71,917.30 75,513.10 Water Quality Technician I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Quality Technician II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Treatment Operator I ibew2 100 1/1/2022 23.1248 24.2810 25.4951 26.7697 28.1083 4,008.29 4,208.70 4,419.16 4,640.08 4,872.10 48,099.48 50,504.74 53,029.60 55,681.08 58,465.16 Water Treatment Operator II ibew2 146 1/1/2022 25.6989 26.9839 28.3331 29.7498 31.2371 4,454.47 4,677.21 4,911.07 5,156.63 5,414.42 53,453.66 56,126.20 58,933.16 61,879.48 64,973.48 Water Treatment Operator III ibew2 181 1/1/2022 29.5551 31.0327 32.5843 34.2135 35.9242 5,122.88 5,378.99 5,647.94 5,930.34 6,226.86 61,474.40 64,548.12 67,775.24 71,164.34 74,722.18 Water Utilities Manager midmngt 269 11/27/2021 47.5736 49.9523 52.4499 55.0725 57.8260 8,246.10 8,658.40 9,091.32 9,545.90 10,023.18 98,953.14 103,900.94 109,095.74 114,550.54 120,278.08 Water Utilities Operator ibew2 154 1/1/2022 26.9807 28.3296 29.7462 31.2335 32.7952 4,676.65 4,910.46 5,156.00 5,413.80 5,684.51 56,119.96 58,925.36 61,872.20 64,965.68 68,213.86 Water Utilities Supervisor midmngt 254 11/27/2021 38.0011 39.9012 41.8962 43.9911 46.1906 6,586.86 6,916.20 7,262.01 7,625.12 8,006.37 79,042.34 82,994.34 87,144.20 91,501.54 96,076.50 * Executive unit members on contract with maximum allowable salary amounts listed in Step E The City of Colton salary schedule may be updated intermittently to include salary revisions contractually provisioned by Council-approved MOUs

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Attachment: SALARY TABLE revised 6-21-22 (3683 : Salary Table Adjustment - FY 2022-2023)

ITEM NO. 25

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE CITY MANAGER AUTHORITY TO RENEW THE
AGREEMENT TO PROVIDE TWO (2) SCHOOL RESOURCE

OFFICERS (SRO) TO THE COLTON JOINT UNIFIED SCHOOL
DISTRICT (CJUSD).

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Grant the City Manager authority to enter into an Agreement for t he Provision of School Resource Officer attached hereto with the Colton Joint Unified School District, for law enforcement services an additional one year, beginning July 1, 2022 and ending June 30, 2023.

BACKGROUND

The Colton Joint Unified School District (CJUSD) has agreed to continue to pay all total compensation costs of two (2) assigned Colton Police Department School Resource Officers (SRO), including but not limited to all salary, overtime, and benefits. The partnership between the Police Department and the School Distr ict has been extremely successful and both parties wish to continue the partnership.

The CJUSD serves students from Colton and neighboring areas, such as Grand Terrace, Bloomington, Rialto and Fontana. Within the jurisdictional boundaries of the Colton P olice Department the District operates a high school, middle school and numerous elementary schools, which service approximately 9,000 students. The primary purpose of the SRO program is to provide for the safety and security of students, staff , and all p ersons regularly on or around school grounds. In the event of a major incident, having an officer assigned as an SRO, the officer is in direct communication with school security and staff, and can quickly summon needed resources.
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Staff Report to the Mayor and City Council
SRO Agreement - CJUSD FY22/23
June 21, 2022

While the primary purpos e of the SRO is safety and security, other duties and responsibilities include, but are not be limited to:
 Prevention and deterrence of criminal activity on and near school campus  Investigation of criminal offenses occurring on school campus  Assistance to school staff and officials in developing proactive programs which promote safety and security on school campus
 Provision of counseling, presentations, and information to students, parents, and school officials
 Assistance to school officials with student discipline, attendance and sporadic home visits if a student's alleged conduct of behavior involves criminal conduct;  Provision of technical and informational assistance to schools and community agencies  Coordination of law enforcement and traffic needs, between the City and District The District is also a major contributing partner to the Colton at Risk Teen (C.A.R.T.) Program and other youth programs. The SRO and District staff work together to identify potential students to participate in the program.

ISSUES/ANALYSIS

The existing agreement expires June 30, 2022. Both the Colton Police Department and the Colton Joint Unified School District desire to renew the agreement for an additional one -year term, beginning July 1, 2022 and ending June 30, 2023.

Under the “Agreement,” paragraph 9, states: The term of this Agreement shall commence on July 1, 2022 and shall expire on June 30, 2023 unless the Parties earlier terminate this Agreement as provided herein or agree in writing to extend this Agreement. Eit her Party may terminate this Agreement at any time by providing thirty (30) days prior written notice to the other Party.

FISCAL IMPACTS

As provided by the proposed agreement, Colton Joint Unified School District will fund the fully burdened cost of two ( 2) SROs for the term of the agreement . The FY2022 -23 adopted budget includes General Fund revenues in account number 100-5782-000. The sala ries and benefits of the SROs are budgeted in the FY2022 -23 adopted General Fund Police expenditure grouping s 100-6070-6071 and 100-6070-6072.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. SRO FY 22.23 Signed CJUSD
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Attachment: SRO FY 22.23 Signed CJUSD (3666 : SRO Agreement - CJUSD FY22/23)

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Attachment: SRO FY 22.23 Signed CJUSD (3666 : SRO Agreement - CJUSD FY22/23)

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Attachment: SRO FY 22.23 Signed CJUSD (3666 : SRO Agreement - CJUSD FY22/23)

ITEM NO. 26

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: WAIVE FULL READING, AND APPROVE SECOND READING OF

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, TO AMEND SECTION 18.06.020 (OFFICIAL ZONING

MAP) TO ADD RESIDENTIAL OVERLAY (R-O) TO AN EXISTING
M-1 (LIGHT INDUSTRIAL) ZONE ON PROPERTY LOCATED AT
300 WEST CONGRESS STREET (APN 0163-272-01) IN THE CITY OF COLTON AND MEASURING APPROXIMATELY .27 ACRES IN
AREA (FILE INDEX NO. DAP-001-722), ORDINANCE NO. O-09-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council waive full reading, and approve the Second Reading of AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF COLTON TO AMEND S ECTION

18.06.020 (OFFICIAL ZONING MAP) ADDING RESIDENTIAL
OVERLAY (R -O) ZONE T O THE EXISTING M -1 ( LIGHT
INDUSTRIAL) ZONE ON PROPERTY LOCATED AT 300
WEST CONGRESS STREET (APN 0163-272-01) IN THE CITY
OF COLTON AND MEASUR ING APPROXIMATELY .2 7
ACRES IN AREA (FILE INDEX NO. DAP-001-722).

ATTACHMENT

1. Attachement 1- R-7-22

2. Attachment 2 - R-8-22

3. Attachement 3 - O-09-22
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5. The site operations shall be subject to the following:
a. A special events permit shall be obtained from the Community Services Department for any special events on site (e.g., grand opening, temporary outd oor sales, etc).
b. The site shall be developed and maintained consistent with the approved plans and the conditions of approval.
c. The premises shall be kept clean and the operator of the establishment shall ensure that no trash or litter originating from t he site is deposited onto the neighboring properties or onto the public right-of-way.

6. Separate submittals and permits are required for any future proposed accessory structures such as but not limited to, trash enclosures, patios, light standards, and storage buildings.

7. The applicant shall place a signed copy of these conditions of approval on the plan check sheet of the proposed project, subject to review and approval by the Development Services Director

8. Garage Use. The property owner/property manager shall stipulate in all lease agreements for the apartment units that garages shall at all times be available for the parking of vehicles assigned to the applicable unit. Storage within garages shall be allowed only to the extent such storage does not impede access to the parking space(s) within the garage.

9. As part of the lease/rent of any unit within the project, each renter of a unit within the project shall be given a written notice by the property manager/property owner of the on -site parking and off-site parking conditions and requirements for the apartment rented. All executed rental lease agreements will contain and exhibit of parking areas including signed acknowledgement form which records the resident’s agreement with the terms of the use of garages and driveways.

10. The applicant shall provide and install an automatic garage door opener for each unit.

11. The Applicant to provide evidence that such billboard lease has been terminated. Upon such termination, the Applicant shall provide proof to the Development Director that the billboard structure has been demolished and removed in a manner that assures the safety of residents of the Project, including the requirement that the Applicant obtain a d emolition permit for such removal.

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12. The applicant shall have the landscape and irrigation plans for the project prepared by a registered landscape architect and the proposed landscape areas sh all be lushly landscaped with drought -resistant planting and include garden type amenities enjoyed by the residents and other guests walking through the common open space area, subject to review and approval by the Development Services Director or designee.

13. The applicant to provide a detailed landscape and irrigation plans for the proposed “common” areas. The “common” areas shall be lushly landscaped with drought -resistant planting and include garden type amenities to be enjoyed by the residents and other guests walking through the area, subject to review and approval by the Development Services Department or designee.

14. The applicant shall submit a landscape and irrigation plan for all front yard and common areas landscaped areas including growing vines along the outside wall areas, subject to review and approval by the Development Services Director or Designee.

15. The landscaping plan shall be consistent and include recommended trees from the City’s Urban Forestry Management Plan.

16. During grading and constructi on phases, the construction manager shall serve as the contact person in the event that dust or noise levels become disruptive to surrounding businesses. A sign shall be posted at the project site with the contact phone number.

17. Gas meters, backflow prevent ion devices and other ground -mounted mechanical or electrical equipment installed by the developer shall be inconspicuously located and screened, as approved by the Development Services Department. (Location of this equipment shall be clearly noted on landscape construction documents.)

18. Electrical and other service facilities shall be located within an interior electrical room or approved comparable location. All electrical service facilities shall be fully screened from public view, as approved by the Planning Division.

19. The applicant shall underground all utilities and utility drops.

20. This establishment must comply with the City of Colton Municipal Code Section Performance Standards Title 18 (Zoning Code), Chapter 18.42 includes: Fire and explosion hazards; electrical interference; noise; vibration; smoke; odors; air quality; light; glare; liquid; and solid waste.

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21. The Applicant and/or Property Owner shall comply with all requirements of all reviewing agencies and shall comply with all applicable local, state , and federal rules, laws and regulations and licensing requirements.

22. The Applicant and/or Property Owner shall, at all times, maintain the property so as not to constitute a nuisance in the community.

23. This action by the Planning Commission shall be final unless an appeal of the action is filed with the City Clerk’s office in writing, pursuant to Section 18.58.100 of the Colton Municipal Code.

POLICE – CODE ENFORCEMENT

24. Comply with the requirements of the City of Colton Code Enforcement/Police, including the following:
a. Landscaping: Property manager or tenant will maintain all approved landscaping in good condition, including but not limited to adequate irrigation, mowing of grass, and replacing dead trees and shrubs. Above ground landscaping controls or b ackflow valves will be secured in a locked metal cage to prevent theft or vandalism. b. Loitering: Loitering is prohibited on or about the premises. No exterior fixtures or furnishings at or adjacent to the location that encourage loitering and nuisance behavior. No exterior pay telephones.
c. Litter/Graffiti: The exterior of the business and areas adjacent to the business over which they have control, including all signs and accessory buildings and structures, shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter and debris from the premises and on all abutting sidewalks and parking lots within twenty (20) feet of the premises. Graffiti shall be completely removed or covered with a color-matching paint within forty-eight (48) hours upon notification. The expectation for graffiti cover up is to produce an appearance the graffiti never existed.
d. The applicant shall grant “right of access” by the City or agent to remove graffiti. e. Exterior Lighting: All lightning will be maintained in good working order. All lighting shall be shown on the required plot plans. Lighting shall be designed and installed in such a manner that provides adequate illumination to all parking spaces, stalls, walkwa ys, corridors, and stairways, insuring there are no dim, dark, or

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shadowed areas (other than shadows naturally cast beneath the actual vehicles.) Lighting level will be a minimum of 1 footcandle and average of 2 footcandle.

Lighting fixtures shall be suc h that the angle of projected light does not interfere or hinder the vision of police officers or security personnel patrolling the areas. All lighting will be properly shielded so as to not trespass or disturb neighboring residences, adjacent businesses, or persons while driving vehicles upon the roadway.

In the event a lighting fixture becomes inoperable, property management will have the lighting repaired within 72 hours.
f. General Parking: Parking lot shall be maintained in accordance with Title 18 of t he Colton Municipal Code, zoning ordinance requirements for paving and striping. g. Storage: Parking, driveways, common areas and trash areas will not be used for storage of hazardous materials, including but not limited to tires, waste oil, and inoperable or unregistered vehicles. Property manager or tenant shall promptly abate hazardous materials or inoperable vehicles. General exterior storage is prohibited in the residential apartments areas unless within designated storage areas. h. Right of Access: Permittee shall grant “right of access” to the City of Colton and its employees or agents for the purposes of monitoring compliance with these conditions, patrolling, investigating crimes, and enforcing laws and ordinances on the subject property. Permittee sh all grant “right of access” to the City of Colton and its employees or agents to remove graffiti and to determine if the applicant is in compliance with these conditions.
i. Exterior collection bins, donation receptacles, or storage containers are not permitt ed except by express approval of Development Services Director. j. Compliance with Applicable Laws. The permittee shall comply with all federal, state and local laws, including the Congregate Living Health Facilities (CLHF) regulations located under California Health and Safety Code, Section 1267.13. k. The permittee and/or licensee shall ensure that any security guard company, if used, initiates registration with the Colton Police Department at least 30 days in advance of security services being performed in th e City of Colton in order to facilitate City licensing per Colton Municipal Code section 5.50.

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l. Interior Lighting: All interior areas of the premises will be illuminated in a manner that provides lighting sufficient to illuminate and make easily discernable the appearance of all persons on or about the premises.
m. After hours Contact Information : Permittee/Property Manager will ensure after hours contact person information is kept current and on file with police department dispatch center. Ideally there shou ld be several persons available; each should be a key holder with knowledge of alarm reset codes, available to respond within 20 -30 minutes, and of sufficient authority to facilitate a board up or other emergency repair measures.

BUILDING

25. Shall comply with the latest adopted edition of the following codes:

California Building Standards Code (Title 24, California Code of Regulations) Building Code and its appendices and standards. The 2019 edition of the California Codes sunsets on December 31, 2019, whi ch becomes effective for all permit applications submitted on and after January 1, 2020 up to December 31, 2022. a) Building Code b) Building Security Code
c) Electrical Code
d) Energy Efficiency Standards
e) Fire Code
f) Green Code
g) Mechanical Code
h) Plumbing Code
i) Residential Code
j) City of Colton Municipal Code

26. The project developer/applicant shall comply with the City of Colton Water Efficient landscape Ordinance. The developer shall provide the Building and Safety division with all information regarding with the project’s water efficient requirements and compliance and methods.

27. The requirements of the Department of Environmental Health Services and the Air Quality Management District shall be satisfied prior to the issuance of a ny permit if hazardous materials are stored and/or used.

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28. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code and Regulations.

29. All exterior lighting shall be o rientated, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

30. The removal and demolition of existing structures requires a Building Permit, It shall be as per separate plan review submittal.

31. Site Facilities such as parking (open and covered), recreation facilities, and trash dumpsters, shall be accessible per California Building Code (CBC) 11B.

32. All exterior lighting shall be orientated, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties.

33. Automatic fire sprinkler systems shall be installed in all new construction per Article --, Chapter - - of the Code of the City of Colton. Design and type of system shall be based upon th e requirements of the Uniform Building Code, Uniform Fire Code and the requirements of the Division of Fire Protection, Planning & Engineering of the City of Colton Fire Department.

34. If hazardous substances are used and/or stored, a technical opinion and r eport, identifying and developing methods of protection from the hazards presented by the hazardous materials may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to the Building & Safety Division. This r eport shall also explain the proposed facility's intended methods of operation and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter - mixing in the event of an accident or spill.

35. Prior t o final inspection, all plans will be placed on a CD Rom for reference and verification. Plans will include all project revisions and changes to original design. The CD will also include the projects energy calculations (Title 24) structural calculations, all additional supporting documents and all other pertinent information. It will be the responsibility of the developer and/or the building or property owner(s) to bear all costs required for this process. The CD will be presented to the Building and Safet y Division for review and approval prior to final inspection and building occupancy. The CD will become the property of the Colton Building and Safety Division at that time.

36. PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS
a. School Fee Certificate – approved by applicable City of Colton school distric.

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b. Rough Grading signed off by the City of Colton public works inspector. c. A pad certification for each individual lot shall be provided to the B&S Division. d. Compaction report – by soils Engineer.
e. All Building Permit fees covered.

FIRE DEPARTMENT

37. The development shall conform with all the requirements of the city of Colton’s Municipal Code requiring on-site fire protection prior to construction.

38. A municipal water supply system (public fire hydrants) shall be provided, capable of providing the required fire flow for the proposed type of construction. Minimum fire flow for this project shall be 1500 gallons per minute.

39. An engineered automatic fire sprinkler system is required for this project. Detailed drawings and calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to installation.

40. One-site fire hydrants may be required for this project and installed prior to construction.

Detailed drawings with suppo rting calculations shall be submitted to the Fire Department/Fire Safety Division for review, approval and permit issuance prior to installation.

41. Premise identification shall be provided in accordance with the City’s' Security Ordinance #0-13-89, Section X IV (residential), Section XV (commercial). Premise identification shall be contrasting to their background, a minimum 12” height and minimum 1 1/2” stroke with Arabic numbers or alphabet letters and internally illuminated by means of a low voltage power source during the hours of darkness.

42. If temporary fencing is used to enclose the construction site, at least two (2) means of unobstructed access must be installed and maintained in locations as to give maximum access to all parts of the site, and in accordance with the Fire Departments’ requirements.

43. All utilities shall be marked with the address of the units they serve.

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44. Portable fire extinguishers shall be required for this project. Size, type, and locations shall be determined by the fire department's field inspector.

45. The proposed facility's use and/or operations shall be designed and maintained in accordance with the 2018/2019 editions of the International Fire and Building Codes / California Fire and Building Codes (Title 24).

46. A fire alarm system designed; installed and maintained in accordance with National Fire Protection Association's Standard #72 (N.F.P.A. 72) shall be provided. Detailed drawings with supporting calculations shall be submitted to the fire department for review, approval and permit issuance, and prior to the installation.

47. Deferred plan submittals to the Fire Department and separate permits from the Fire Department are required on the following:
 automatic fire suppression/sprinkler systems
 onsite fire mains and fire hydrants

PUBLIC WORKS ELECTRIC

48. The project applicant shall provide load calculations for any increase in connected load on existing service panels. (The Electric Utility requires the information to determine if the utility’s distribution and service facilities are adequate for the increase in load)

49. The applicant shall provide an estimate of electric load schedule, prior to plan check review, subject to review by the Electric Division and Planning Division.

50. The applicant/developer shall comply with all customer service policie s and service requirements of the Electric Utility Department. The developer shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street -lighting as per the Electric Utility's approved design.

The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street - lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property.

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51. Plans will only be approve via electronic copy along with the hardcopy. This is during Plan Check Phase. Please send PDFs to [email protected]

52. The Electric Department shall be notify if any interconnection (Solar, generator, etc) being made prior to construction.

53. The Auto Cad Plans shall include:
a. Proposed building(s) foot print, existing utilities, utilities pole, proposed transformers, address, vicinity map, center lines, contact person, property right-of- way lines, setback lines, station numbers, and assessor’s parcel number at 1” = 20’ scale.
b. Plans shall also show an easement covering the electrical facilities located on the property.
c. Plans shall include any notes pertaining to design/planning of electrical system. d. The applicant shall email approved plans and/or contact Electric Utility Planning/Engineering Department for any design / planning information.

54. The applicant shall, when required, and at their own expense, install all conduit and vault systems associated with underground electric line extensions and street -lighting as per the Electric Utility's approved design. The developer shall pay all fees and charges associated with the Electric Utility’s cost to provide electric service, including underground and overhead line extensions and street-lighting. The developer shall provide utility easements for all existing and proposed utility owned electric facilities within private property.

PUBLIC WORKS ENGINEERING

STREET IMPROVEMENTS

55. Submit a digital and hard copy set of street improvement plans for the off-site improvements (including signing and striping), prepared by a licensed civil engineer. The scale of this plan shall be no less than 1” = 40’.

56. All parkway and unpaved areas within the public right-of-way fronting the project shall be landscaped and maintained, including any open space areas and areas between the sidewalk and the right-of-way line. An automatic sprinkler systems shall be installed along Congress Street, Hert Street, and S. La Cadena Agua Mansa Road.

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57. Construct street improvements consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street trees, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications.

58. Since the project consist of 11 units or less, it will be screened out for VMT.

59. Dedicate additional right-of-way along the southeast corner of Hert St. and Congress St. to provide a corner cutback and an adequate line-of-sight clearance triangle. Nothing shall be constructed which does or exceeds 30 inches in height required to maintain appropriate corner sight distance and meet ADA compliance.

60. All project fronting improvements must meet ADA accessibility standards.

DRAINAGE

61. The property’s street and lot grading shall be designed in a manner that perpetuates the existing natural drainage patterns with respect to tributary drainage area, outlet points and outlet conditions; otherwise, a drainage easement shall be obtained from the affected property owners for the release of concentrated or diverted storm flows.

62. The Storm Drain Plan for the proposed development shall be accompanied by hydrology and hydraulic analysis prepared by a licensed engineer and shall be designed per the San Bernardino County Hydrology Manual employing the rational method. The project may only discharge downstream an amount of storm run -off equivalent to the historic flow discharged prior to project development. The storm drain design shall incorporate the drainage from the existing tracts along the boundary of the proposed project. If required, all of the sheet flow shall be collected ons ite in a detention/retention basin within the development and shown on the Final Map. The detention/retention basin and open space areas shall be landscaped and maintained by the Developer.

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63. Submit to the City Engineer’s Office the Drainage and Erosion C ontrol plans for review and approval. These plans are to be prepared by a Civil Engineer registered in the State of California. Provide plan and profile for all storm drainage work.

64. Submit drainage/hydrology study calculations and a hydraulic analysis for both developed and undeveloped conditions to the City of Colton for review and approval. All of the drainage from each individual lot shall drain into the public right -of-way and not impact surrounding properties, or a drainage easement acceptance letter from the adjacent landowner must be obtained.

65. The 10 year storm flow shall be contained within the curb and the 100 year storm flow shall be contained within the street right -of-way. When either of these criteria is exceeded, additional drainage facilities shall be installed.

GRADING

66. Submit to the City Public Works Department a separate Precise Grading Plan of a scale of 1” = 20’ prepared by a civil engineer registered in the State of California. The grading plan shall include a topographic contour map o f the site and 15 feet beyond the property lines, with a one-foot contour interval. This contour map shall be prepared within the last 12 months prior to a grading permit approval. The final Precise Grading Plan shall be a 4 mil mylar, which the City Engineer will sign and retain at the City Engineer Office for record.

67. A note shall be placed on the plan that states “All block walls and fencing shall be shown on the grading plan for reference only and shall be separately permitted by the City Building Department”

68. Place City Standards grading and drainage notes, including NPDES requirements on the grading plan.

69. A pad certification prepared by a licensed Civil Engineer registered in the State of California shall be submitted prior to issuance of building permits.

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70. Prior to final project acceptance, the applicant shall submit an as-built set of grading plans. No final will be authorized until as-builts are submitted to the Public Works Department.

71. Provide the Public Works Department with a separate Erosio n Control plan of a scale of 1” = 20’.

72. The applicant shall submit a preliminary Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system.

73. The applicant shall submit a final Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to reduce the pollutants into the storm drain system prior to issuance of a grading permit.

74. Submit a letter to the Office of the City Engineer certifying that the owner is responsible for complying with the National Pollutant Discharge Elimination System Ordinance, during and after construction. In the letter, the following statement shall be included:
“No contaminated water shall be allowed to discharge on sidewalks, gutter, storm drains, parkways and driveways at any time.”

WATER AND WASTEWATER REQUIREMENTS

75. The development shall meet all the requirements as set forth by the water/wastewater department for water, sewer and pretreatment facilities.

76. All construction shall conform to the current edition of the specifications for Public Works Construction (Green Book), and the current standards and specifications of the City of Colton Water/ Wastewater Department.

77. All wastewater capacity fees must be paid prior to obtaining the certificate of occupancy.

Additional capacity fees may apply if the actual discharge exceeds the estimated flow established during initial approval. Service will be terminated if the fees are not paid.

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78. All connection fees and charges shall be levied at the rate scheduled by the City Council at the time of payment by the developer.

79. Submit Sewer Improvement Plans to the City Engineer for review and approval. The proposed sewer shall connect into the City’s sewer system.

80. Submit onsite utility plans to the City Engineer for review and approval.

81. All sewer lines shall be extra strength vitrified clay pipes, and the sewer main line shall be a minimum of 8” diameter or the size will be finalized during the design phase.

82. A sewer check valve shall be provided with a finished pad elevation lower than the rim elevation of the immediate up-stream sewer manhole.

83. Show on the plans the location of sewer mainline, nearest manhole, lateral servin g the project and configuration of tie-in mainline.

84. A note shall be placed on the plans stating the lateral location shall be marked on the curb with “S” for sewer.

PROJECT DEVELOPMENT

85. No final inspection will be performed until all Public Works Departme nt requirements pertaining thereto are in compliance.

STUDIES & REPORTS

86. Submit a soils report prepared by a registered geologist or soils engineer. This report should be based on soil samples taken from the site and should analyze the existing geotechnic al conditions of the site to determine if the existing soil is adequate for the development and safe from hazardous or deleterious materials. The report should also satisfactorily address the compaction and soil stability characteristics of the site. The number of soil borings performed on the site shall be strategically located throughout the site.

87. Submit a Traffic Scoping Agreement for review and approval by the City.

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FEES

88. A Plan Check fee for all improvement plans and studies for the proposed developme nt shall be paid prior to plan checking proceedings in accordance with the fee schedule in effect at the time the fees are paid.

89. Public Works Inspection Permits and fees are required prior to construction within the project site and the public right-of-way.

IMPROVEMENT PLANS

90. Improvement Plans for the proposed development shall be prepared as a separate set of drawing for each of the following categories
a) Precise Grading Plan and Plot Plan
b) Street and Storm Drain Plans
c) Sewer, Water, and On-Site Utility Plans
d) Electrical Improvement Plan
e) Landscape Plan

91. Submit a Precise Grading Plan to the City for review and approval. All of the grading shall conform to the latest edition of the Uniform Building Code (U.B.C.) and the grading permit must be obtained prior to t he commencement of any grading activity. Submit a soil analysis report prepared by a licensed engineer, along with a grading plan.

92. The Developer shall repair any areas of existing improvements that become damaged during any phase of construction of the p roject, as determined by the Office of the City Engineer.

The contractor working in the right -of-way must submit proof of a Class “A” Contractor License, City of Colton Business License, and liability insurance.

93. Submit a copy of the Title Report to the Engineering Division, not older than 90 days

94. All plans, including grading plans shall be drawn on 24” x 36” 4 mil Mylar.

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95. Original drawings shall be revised to reflect As -Built conditions by the Design Engineer prior to final acceptance of the work by the C ity. Water service lines, water meters, sewer laterals and electric, irrigation lines, etc., within the street right -of-way and 5’ outside of the street right-of-way shall be shown on the As -Built Water/Sewer Plans. Construction plans for gas, telephone, electric and cable TV etc., shall be submitted to the City for records.

96. A small index map shall be included on the title sheet of each set of plans, showing the overall layout of the public improvements.

97. Submit improvements plans to all affected utilities , including the Gas Company, Cable Companies, Verizon California, etc., prior to issuance of the Building Permit and transmit correspondence to the Engineering Division.

CONSTRUCTION & MAINTENANCE OF PUBLIC IMPROVEMENTS

98. All required water lines and fire h ydrants shall be installed and made operable before any building permits for framing are issued. This may be completed in phases if the construction work is in progress for emergency vehicles.

99. Vehicular access shall be maintained at all times to all parts of the proposed development, where construction work is in progress, for emergency vehicles.

100. All precautions shall be taken to prevent washouts, undermining and subsurface ponding, caused by rain or runoff to all surface structures (curbs, gutters, side walks, paving, etc.). The Engineering Division may order repair, removal and replacement, extra compaction tests, load tests, etc. or any combination thereof for any such structure that was damaged or appears to have been damaged. All of the additional w ork, testing, etc., shall be at the expense of the Developer.

101. All required public improvements shall be completed, tested, and approved by the Engineering Division prior to the issuance of any Certificate of Occupancy.

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102. In accordance with § 9.27.190 (E) o f the City of Colton Municipal Code, the applicant shall immediately remove any graffiti present before construction, during construction, and post construction.

PUBLIC WORKS – SUSTAINABILTY DIVISION
103. Complete the City of Colton Commercial Site and Building Recycling Plan application.

Comply with Chapter 6.16 – GARBAGE, REFUSE, AND RECYCLING of the City’s Municipal Code.

15.58.030 Site and Building Recycling Plan Requirements.

The applicant for any development activity subject to this chapter shall, as a condition of approval of that application, submit for review and approval a completed site and building recycling plan to the City's Building and Safety Division. The site and building recycling plan shall be based upon the application form of the building and safety department and consists of two (2) components (site plan and building recycling plan). The plan shall include the location and design of all existing and proposed recycling and trash enclosures, design of site access points for solid waste and recycling collection vehicles and a design of the grading of the site, operational criteria for the proposed use of the property and capacity requirements for the waste generation of the building. Businesses will be required to show proof of compliance.
 Label trash, organics recycling on plans but green/organic waste - Trash Enclosure guide
(https://www.ci.colton.ca.us/DocumentCenter/View/6791/Colton-Space- Enlosure-Guidelines-with-Organics---FINALx?bidId=)
104. The applicant shall install two 24-inch box trees within the street landscape area in front of property, subject to review and approval by Public Works Department.

105. Abide by the City’s Tree palate as specified in the Urban Forestry Management Plan- http://www.coltononline.com/DocumentCenter/View/4004

GENUS SPECIES COMMON NAME
Koelreuteria K. bipinnata Chinese Flame
Zelkova Z. serrata Sawleaf Zelkova
Ulmus Ulmus parvifolia Chinese Elm

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Gleditsia Gleditsia triacanthos Thornless Honey Locust
Quercus Q. palustris Pin Oak
Quercus Q. rubra Red Oak
Quercus Q. shumardi Shumard Oak
Quercus Q. lobata Valley Oak
Sapindaceae Koelreuteria paniculata Goldenrain Tree
Pistacia Pistachia chinensis Chinese Pistache
Tabebuia Tabebuia avellanedae Ipe-roxo

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RESOLUTION NO. R-08-22

A RESOLUTION OF THE OF THE CITY OF COLTON PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF COL TON

APPROVE CHANGE OF ZONE ADDING RESIDENTIAL OVERLAY (R -O) ZONE TO

ALLOW DEVELOPMENT OF A FIVE UNIT RESIDENTIAL APARTMENT PROJECT ON PROPERTY MEASURING APPROXIMATELY .27 ACRES LOCATED AT 300 WEST CONGRESS STREET WITHIN THE M-1 (LIGHT INDUSTRIAL) ZONE. (FILE INDEX NO. DAP-001-722).

WHEREAS, the Planning Commission of the City of Colton (“Planning Commission”) held a public hearing on April 26, 2022, after giving published notice to consider a recommendation to the City Council of a Zoning Map Amendment to Title 18 (Zoning) of the Colton Municipal Code recommending approval of Change of Zone adding Residential Overlay (R -O) Zone on property located at 300 West Congress Street (APN: 0163-272-01); and

WHEREAS, following the conclusion of said hearing, the Planning Commission adopted their Resolution No. R-08-22, recommending approval to the City Council of an Ordinance amending the Official Zoning Map adding Residential Overlay (R -O) to existing M -1 (Light Industrial) Zoned lot identified as 300 West Congress Street (APN: 0163 -272-01) and approved Resolution No. R-07-21, approving an Architectural and Site Plan Review for the construction of five unit apartment project on the subject property as conditioned; and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON:

SECTION 1. The Planning Commission hereby adopts the recitals and findings with respect to the Ordinance for the Zoning Map Amendment, as set forth in the attached Exhibit “A” as it is fully set forth herein.

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ORDINANCE NO. O-09-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON TO AM END SECTION 18.06.020 (OFFICIAL ZONING MAP) ADDING RESIDENTIAL OVERLAY (R- O) ZONE ) TO THE EXISTING M -1 (LIGHT INDUSTRIAL) ZONE ON PROPERTY LOCATED AT 300 WEST CONGRESS STREET IN THE CITY OF COLTON (APN: 0163- 272-01) AND MEASURING APPROXIMATELY .27 ACRES IN AREA (FILE INDEX NO.

DAP-001-722).

WHEREAS, the Planning Commission of the City o f Colton (“Planning Commission”) held a public hearing on April 26, 2022, after giving published notice to consider a recommendation to the City Council of a Zoning Map Amendment to Title 18 (Zoning) of the Colton Municipal Code recommending approval of Change of Zone adding Residential Overlay (R -O) Zone on property located at 300 West Congress Street (APN: 0163-272-01); and

WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby adopts the recitals and findings with respect to the Ordinance for the Zoning Map Amendment, as set forth in the attached Exhibit “A” as it is fully set forth herein.

SECTION 2. Pursuant to section 18.58.050 F. of Title 18 (Zoning Code), in considering any request for a change of zone, the City Council shall review if the following conditions prevail before the proposed Residential Overlay zone change be granted:

1. That the proposed change of zone is in conformity with the General Plan of the City , in that the proposed changes are consistent with the existing provisions of the Colton Zoning Code and are in the public interest since th ey more closely conform zoning regulations with development goals and the City’s General Plan. The proposed change of zone is consistent with recently adopted Housing Element Update which identifies

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Colton City Council Ordinance No. O-09-22
DAP-001-722 – Zoning Map Amendment – Residential Overlay to M-1 Lot

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the subject site to allow a Residential Overlay (R -O) Zone within the M -1 (Light Industrial) Zone because of its proximity to existing adjacent residential uses.

2. That there is a need in the community for more of the types of Uses Permitted by the zone, in that the proposed changes are would allow a five unit ap artment project at approximately 20 units per acre in compliance with Development Standards of Title 18 (Zoning Code) of the City’s Municipal Code.

3. That the proposed change of zone would not adversely affect the surrounding area or the community in gener al, in that the proposed Residential Overlay (R -O) Zone is consistent with surrounding residential neighborhood that includes one to two story homes. The scale and design of the five unit apartment project provides private and common open space that compl ies with the Municipal Code. All off street parking and setback requirements are in compliance with Title 18 (Zoning Code).

SECTION 3. The City Council hereby adopt the Ordinance, in substantially the form attached hereto as Exhibit “A,” as amended, which is incorporated by reference.

SECTION 4. The City Council of the City of Colton, in accordance with the California Environmental Quality Act, has found that the project will not have a significant impact on the environment and is Categorically Exem pt from CEQA under Article 19, Section 15332, Class 32 (Infill Development) of the CEQA Guidelines. This section pertains to the proposed project which does not rise to a level of significant environmental impact and will not be detrimental to the health and welfare of the surrounding neighborhood.

SECTION 5. Certification/Publication. The City Clerk shall certify to the passage of the Ordinance and cause the same or summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation published and circulated in the City of Colton.

SECTION 6. This Ordinance shall become effective thirty (30) days after its adoption in accordance with the provisions of California law.

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PASSED, APPROVED AND ADOPTED this ___day of _____2022.

FRANK J. NAVARRO
Mayor

ATTEST:

CAROLINA A. PADILLA
City Clerk

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Existing Zoning – 300 West Congress Street to change from M-1 (Light Industrial) to M-1 Light Industrial with R-0 (Residential Overlay) 300 West Congress Street to change from M-1 (Light Industrial) to M-1 Light Industrial with R-0 (Residential Overlay)

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ITEM NO. 27

STAFF REPORT

DATE: JUNE 21, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO APPROVE
AMENDMENT NO. 8 OF THE WASTE DISPOSAL AGREEMENT
(WDA) WITH THE COUNTY OF SAN BERNARDINO, RESOLUTION
NO. R-75-22.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Resolution R-75-22 of the City Council of the City of Colton to approve Amendment No. 8 to the Waste Disposal Agreement (WDA) with the County of San Bernardino as per the terms of the Agreement.

2. Authorize the City Manager to execute the Agreement.

BACKGROUND

Beginning in May 1998 , the City of Colton an d the County of San Bernardino entered into a Waste Disposal Agreement for the disposal of Municipal Solid Waste collected from the City’s residences and businesses. The parties previously entered into six other Amendments.

Amendment No. 1 to the WDA was t o correct the designated disposal facilities for the City.

Amendment No. 2 was to implement the “Article 19 Solid Waste” component of the County’s waste management system and define the City’s share of that revenue. Amendment No. 3 was to increase the annu al maximum limits of “Article 19 Solid Waste” in the County landfill system.

Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 201 6.

Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the 27 Packet Pg. 867
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June 21, 2022

County to enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 which was adopted at the Council meeting of May 18, 2021, Resolution R -57-21, reset the WDA Contrac t Rate at $38.00 per ton and extended the term for five (5) years to June 30, 2026.

ISSUES/ANALYSIS

The City collects and disposes of, by way of CR&R, approximately 44,000 tons of material to the landfill every year. This agreement has been beneficial to the City as it allows us to know what our solid waste disposal costs will be year over year, as well as providing a reliable local facility to dispose of solid waste to.

In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate.

The WDA in Section 4.2(B) outlines the annual escalation adjustment and formula that occu rs commencing July 1 st of each year during the term of the Agreement. In accordance with the Agreement, the calculated adjustment for this upcoming July 1 st was calculated to be $43.41 per ton (copy of letter sent to the City attached). This is a 14% incre ase from the current rate of $38.00 per ton. After concerns were raised, the County proposed that the annual WDA rate be adjusted so it cannot exceed 85% of the Board approved landfill gate rate for the proposed rate year. Currently, the posted landfill g ate rate is $47.94 for 2022 -23. Thus, the WDA rate would be capped at $40.75 for the same 2022-23 rate year. The WDA amendment, once approved by all City Councils and Board of Supervisors, would reduce the current calculated 2022 -23 WDA rate of $43.41 to $ 40.75. This amendment, by providing a cap, helps to address the current rate, as well as puts a mechanism in place for the future to prevent compaction with the standard “landfill gate rate” that self-haulers pay.

Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate adjustment will be calculated as outlined in the Amended Agreement No. 98 -302, except that an annual fixed WDA renewal discount adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment. In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended.

This change will as sist both the City and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs by putting a mechanism in place for the future to prevent compaction with the County’s posted gate rate.

The parties have determined it is in their best interests to reset the WDA Contract Rate to $40.75 per ton, effective July 1, 2022, adjusted annually according to the WDA. 27 Packet Pg. 868
Staff Report to the Mayor and City Council
WDA Amendment - County of San Bernardino
June 21, 2022

If the Amendment is not approved by all 15 cities and the County, then the Agreement is void and the City would have to pay the calculated rate of $43.41 per ton.

Any additional increases to the WDA will result in pass through increase costs from the Waste Hauler to the City’s customers, pursuant to the Franchise Agreement.

FISCAL IMPACTS

The contract cost for disposal of solid waste will be set at $40.75 per ton effective July 1, 2022 and adjusted annually according to the WDA cost of living adjustment, offset by an annual renewal discount of $0.82 per ton.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution R-75-22 Amendment No. 8 to WDA with County of San Bernardino 06.21.2022

2. AGR-PW-Waste 6-28-22 Colton WDA Amend 8
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23152.06020\32617662.1

RESOLUTION NO. R-75-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON APPROVING AND ADOPT ING A RESOLUTION TO
APPROVE AMENDMENT NO. 8 OF THE WASTE DISPOSAL
AGREEMENT 9WDA) WITH THE COUNTY OF SAN

BERNARDINO

WHEREAS, beginning in May 1998 the City of Colton and the County of San Bernardino entered into a Waste Disposal Agreement for the disposal of Municipal Solid Waste collected from the City’s residences and businesses. The parties previously entered into seven other Amendments; and

WHEREAS, the City collects and disposes of, by way of CR&R, approximately 44,000 tons of material to landfill every year. This agreement has been beneficial to the City as it allows us to know what our solid waste disposal costs will be year over year, as well as providing a reliable local facility to dispose of solid waste to; and

WHEREAS, the current rate of $38.00 per ton was adopted at the May 18, 2021, meeting under Resolution R-57-21; and

WHEREAS, the parties have determined it is in their best interests to reset the WDA Contract Rate to $40.75 per ton, effective July 1, 2022, adjusted annually according to the WDA.

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Attachment: Resolution R-75-22 Amendment No. 8 to WDA with County of San Bernardino 06.21.2022 (3670 : WDA Amendment - County of San 1 2
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NOW, THEREFORE, BE IT RESOLVED, that the Colton City Council hereby approves the Amendment No. 8 of the Waste Disposal Agreement with the County of San Bernardino; and
BE IT FURTHER RESOLVED that the City Council further grants that the City Manager execute the Amended Agreement.

PASSED, APPROVED and ADOPTED by the City Council of the City of Colton at a regular meeting of said Council held on the 21st of June, 2022.

FRANK J. NAVARRO, Mayor

ATTEST:

CAROLINA R. PADILLA, City Clerk

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Attachment: Resolution R-75-22 Amendment No. 8 to WDA with County of San Bernardino 06.21.2022 (3670 : WDA Amendment - County of San AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-302

On May 12, 1998, the City of Colton (“City”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter “Amendment’).

Recitals

A. The parties have previously entered into the following amendments to the W DA. Amendment No. 1 to the WDA was to correct the designated disposal facilities for the City. Amendment No. 2 was to implement the “Article 19 Solid Waste” component of the County’s waste management system and define the City’s share of that revenue. Amendment No. 3 was to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accep t in-County waste from non -WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026.

B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate.

C. This change will assist both the City and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs by putting a mechanism in place for the future to prevent compaction with the County’s posted gate rate.

NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:

1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:

SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2022, the Contract Rate payable by each Franchise Hauler shall be $40.75 per ton, subject to potential adjustment necessary to reflect the circumstances set forth below:

(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law; and

(ii) escalation during the Term of this Agreement calculated in accordance with Section

4.2(B). In no case will the calculation of escalation exceed 85% of the County approved general public gate rate (currently $59.94 minus the current CDSDP recycling fee of $12.00), as such fees may be amended.

Prior to adjusting the Contract Rate as a result of any of the circum stances described in Section

4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System to the extent practicable.

Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining

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Attachment: AGR-PW-Waste 6-28-22 Colton WDA Amend 8 (3670 : WDA Amendment - County of San Bernardino) capacity in the Disposal System. Such adjustment may not reflect circumstances other than the circumstances described in Section 4.2(A)(i).

2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its entirety to read:

SECTION 4.2. CONTRACT RATE. (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1 during the term hereof, commencing July 1, 2022. The adjustment shall be calculated in accordance with the following formula:

Contract Rate = Fixed Portion + [Escalating Portion x Index]

Where,

Fixed Portion = $10.87

Escalating Portion = $17.63

Index = Price Index, which shall be determined in accordance with the following formula:

I = .7[PPI1/PPI2] +.3[EI1/EI2]

PPI1 = The Producer Price Index, Industrial Commodities Commodity Data, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID WPU03 thru 15 for the month of September in the year p rior to the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the September 2010 value)

PPI2 = Producer Price Index, Industrial Commodities Commodity Data for the month of September, 1997

EI1 = Employment Cost Index, Total Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID:

CIU2010000000000I for the last quarter of the year preceding the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the third quarter, 2010 value)

EI2 = Employment Cost Index, Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statist ics web site, Table 3, established for the third quarter of 1997.

Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment.

In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For example, the current County’s posted gate rate is $47.94 ($59.94 minus the $12 CDSDP fee). Therefore, the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County adjusts its posted gate rate in any future year of the term of the WDA, the WDA Co ntract Rate will be adjusted according to the above calculation formula, including the renewal discount adjustment of $0.82 per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of any year would exceed the 85 %, then the capped maximum amount of 85% will be used. If, however, the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated

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Attachment: AGR-PW-Waste 6-28-22 Colton WDA Amend 8 (3670 : WDA Amendment - County of San Bernardino) adjustment to the Contract Rate, calculated according to the above formula, including the renewal discount adjustment, will be applied to the then WDA Contract Rate.

Please note that, due to timing, in future years where the gate rate i s recommended to be increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the Board of Supervisors.

If at any time either the Employment Cost Index or the Producer Price Index is no longer published, or are ot herwise unavailable, then the COLA shall be determined by using standard official statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall mutually agree.

3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to read:

SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term.

4. Effective Date. This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit A have each adopted and executed a counterpart of this Amendment N o. 8 (the amendment number may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed by the County on or before Ju ne 30, 2022. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.

5. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment.

The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.

6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of the WDA shall remain in full force and effect
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Attachment: AGR-PW-Waste 6-28-22 Colton WDA Amend 8 (3670 : WDA Amendment - County of San Bernardino) IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.

Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date

SAN BERNARDINO COUNTY
City of Colton
(Print or type name of corporation, company, contractor, etc.)

By

Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:

Deputy
Address

650 N. La Cadena Drive

Colton, CA 92324

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Attachment: AGR-PW-Waste 6-28-22 Colton WDA Amend 8 (3670 : WDA Amendment - County of San Bernardino)

EXHIBIT A

CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT

WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026

1. ADELANTO

2. APPLE VALLEY

3. BARSTOW

4. BIG BEAR LAKE

5. COLTON

6. FONTANA

7. GRAND TERRACE

8. HESPERIA

9. HIGHLAND

10. LOMA LINDA

11. RIALTO

12. TWENTYNINE PALMS

13. VICTORVILLE

14. YUCAIPA

15. YUCCA VALLEY

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Attachment: AGR-PW-Waste 6-28-22 Colton WDA Amend 8 (3670 : WDA Amendment - County of San Bernardino)