1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov
Mayor Frank J. Navarro
Council Members:
David J. Toro - District 1
Kelly J. Chastain - District 2
Dr. Luis S. Gonzalez - District 3
John R. Echevarria - District 4
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, JANUARY 17, 2023 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
CLOSED SESSION CALLED TO ORDER
ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
2 A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Menor-Cruz v. Garibay, City of Colton et al.
San Bernardino Superior Court, Case No. CIVDS 2013878
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation, Pursuant to Government Code Section 54956.9(d)(2)(e)(1) One (1) Potential Case
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 0258-061-21-0000
Agency Negotiator: City Manager and Economic Development Manager Negotiating Parties: GFT Properties, LLC
Under Negotiation: Price and Terms
D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has ad opted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Gene rally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Ruben Cimental – Sovereign Grace Impact Ministries
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Presentation - IVDA Certificates of Recognition to Former Councilmembers Koperski & Suchil.
3 MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))
APPOINTMENTS
Commission Appointments
At Large – Mayor Navarro
Code Compliance and Housing Appeals Board – Rita Carter Planning Commission – Gary Grossich
Recreation & Parks Commission – Isabel Salas
Utilities Commission – Larry Rivas
District 1 – CM Toro
Code Compliance and Housing Appeals Board – Jesus Villarruel Planning Commission – Richard Prieto
Recreation & Parks Commission – Alicia Corral
Utilities Commission – Colin Strange
District 2 – CM Chastain
Planning Commission – Pamela Lemos
Recreation & Parks Commission – Victor Villarreal
Utilities Commission – Adrianna Escarcega
District 3 – CM González
Code Compliance and Housing Appeals Board – Adrian Chavez Planning Commission – Letitia Baden
Recreation & Parks Commission – Octavio Franco
Utilities Commission – Andrew Perez
4 District 4 – CM Echevarria
Code Compliance and Housing Appeals Board – Denise Montano Planning Commission – Dr. Eric Peters
Recreation & Parks Commission – Jimmy Ramirez
Utilities Commission – Kirk Larson
City Council Committees & Interagency Appointments
Mayor Pro Tempore Appointment
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
There are no Public Hearings scheduled for this meeting.
BUSINESS ITEMS
There are no Business Items scheduled for this meeting.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting held on December 20, 2022. [Staff Person: Carolina Padilla
5 (2) Warrants - Approve US Bank voucher dated 11/30/2022 totaling $44,107.86; voucher numbers 202855 to 202981 dated 12/01/2022 and totaling $1,729,633.49; voucher numbers 202982 to 203059 dated 12/08/2022 and totaling $2,823,271.50; voucher numbers 203060 to 203157 dated 12/15/2022 and totaling $3,157,225.64; a payroll disbursement listing dated 10/15/2022 to 10/28/2022 and totaling $936,777.72 and a payroll disbursement listing dated 10/29/2022 to 11/11/2022 and totaling $934,584.90. [Staff Person: Stacey Dabbs]
(3) Agreement - Best, Best & Krieger - Approve an Agreement with Best, Best & Krieger, LLC, for Deferred Billing for Civil Litigation Services.
[Staff Person: Bill Smith]
(4) Agreement - Blais & Associates Grant Writing Services - Approve a Professional Services Agreement with Blais & Associates Grant Writing Services for Completion of California Department of Water Resources Grant.
[Staff Person: Brian Dickinson]
(5) Agreement - California Department of Fish and Wildlife - Approve Streambed Alteration Agreement with California Department of Fish and Wildlife for the La Cadena Drive Bridge over Santa Ana River Bridge Replacement Project.
[Staff Person: Brian Dickinson]
(6) Annual Report - AB1600 Fees - Approve the Annual Development Impact Fee (AB1600) Report for Fiscal Year Ending June 30, 2022.
[Staff Person: Brian Dickinson]
(7) Contract Amendment - CA Dept. of Education CSPP Contract 2408 - Approve and Adopt Resolution Number R-01-23, Amendment No. 01 for the CA Department of Education Contract CSPP -2408 for State Preschool Service, and Amending the Budget for the Current Fiscal Year to Account for Increased Funding, RESOLUTION NO. R-01-23.
[Staff Person: Deb Farrar]
(8) Contract Amendment - Dennis Grubb & Associates - Approve and Adopt a Resolution Adopting a Contract Amendment with Dennis Grubb & Associates for Fire Plan Check Services and Amend the FY2022 -23 budget to Appropriate Funds for the Contract Amendment, RESOLUTION NO. R-5-23. [Staff Person: Tim McHargue]
(9) Contract Amendment - CA Dept. of Social Services - CCTR 2201 - Approve and Adopt Resolution R-03-23, for Department of Social Services Amendment 01 to Contract CCTR - 2201 for School Age Program Services in the Community Services Department, Fiscal Year 20-21, RESOLUTION NO. R-03-23. [Staff Person: Deb Farrar]
(10) Continued Funding Application - CA Dept of Social Services - Approve and Adopt R-02-23, a Resolution Adopting the CA Department of Social Services FY 23-24 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-02-23.
[Staff Person: Deb Farrar]
(11) Grant Extension - CA State Parks & Recreation - Approve and Adopt a Resolution Accepting Extension for Statewide Park Specified Local Grant Funds for the City of Colton Playground and Colton Area Museum Improvements and Amend the FY 2022-2023 Budget to Adjust Grant Funds, RESOLUTION NO. R-06-23. [Staff Person: Deb Farrar]
(12) Investment Policy - Approve and Adopt a Resolution of the City Council of the City of Colton, Delegating to the City Treasurer the Authority to Invest and Reinvest Funds for the City and to Sell or Exchange Securities, RESOLUTION NO. R-7-23.
[Staff Person: Aurelio De La Torre]
6 (13) Mural Projects - Approve the C Street/UPRR Underpass as the third location for the Colton Mural Project; Authorize the Recordation of a Notice of Completion for the La Cadena Drive/I -10 Underpass Mural Project and the 9th Street/I-10 Underpass Mural Project.
[Staff Person: Brian Dickinson]
(14) Notice of Completion - Sludge Bed Wall Project - Approve Notice of Completion for the Sludge Bed Wall Project.
[Staff Person: Brian Dickinson]
(15) Obsolete Records Destruction - Approve and Adopt a Resolution Authorizing the Destruction of Certain Obsolete Records, RESOLUTION NO. R-4-23.
[Staff Person: Carolina Padilla]
(16) Purchase - Fairview Ford - Approve Purchase of Four (4) New Vehicles for the Electric Substation Division from Fairview Ford.
[Staff Person: Brian Dickinson]
(17) Purchase - RDO Equipment Company - Approve the Purchase of a Backhoe Loader from RDO Equipment Company for the Water Utilities Division of the Public Works & Utilities Department. [Staff Person: Brian Dickinson]
(18) Set Public Hearing - CDBG Projects - Set Public Hearing for the Regular City Council Meeting of Tuesday, February 7, 2023, to Approve the List of Community Development Block Grant (CDBG) Projects for Submittal to the County of San Bernardino, Department of Housing & Community Development. [Staff Person: Bill Smith]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
7 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a sp ecific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers wil l be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the bus iness of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full express ion of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, C olton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 3 70-5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
8 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
LEGAL CHALLENGES
If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else rai sed during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R -150-07; Amended by Minute Action on December 2, 2014 and adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO.
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: MAYOR PRO TEMPORE APPOINTMENT
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Appoint a Council Member to serve as Mayor Pro Tempore for a one year term, commencing January 2023 and ending January 2024.
BACKGROUND
Since January 2003, the Colton City Council has procedurally appointed one of their Council colleagues to serve a one year term as Mayor Pro Tempore. This appointment is routinely done at the first meeting in January. The new term is from January 2023 through January 2024. Below, an account of Council Members previously appointed to serve as Mayor Pro Tempore.
2022 Kenneth Koperski Previous Dist. 3
2021 Ernest Cisneros Previous Dist. 2
2020 Isaac Suchil Previous Dist. 6
2019 Ernest Cisneros Previous Dist. 2
2018 Jack Woods Previous Dist. 5
2017 David Toro Previous Dist. 1
ISSUES/ANALYSIS
During this one year appointment, in case of the Mayor’s absence due to extended travel, disability, death or other unforeseen circumstances, the duties of Mayor Pro Tempore Packet Pg. 9
Staff Report to the Mayor and City Council
Mayor Pro Tempore Appointment
January 17, 2023
shall be to preside at a council meeting; participate in or attend ceremo nial and legislative events; and assume other necessary functions representing the City.
FISCAL IMPACTS
None.
ALTERNATIVES
Provide alternative direction to staff.
Packet Pg. 10
ITEM NO. 1
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON DECEMBER 20, 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on December 20, 2022.
BACKGROUND
Minutes for the City Council Regular Meeting held on December 20, 2022.
FISCAL IMPACTS
None
ATTACHMENT
1. 12-20-2022 FINAL MinRegCouMtng
1 Packet Pg. 11
2022 DECEMBER 20 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
December 20, 2022
Regular Meeting held on the above -given date at 6:0 0 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Eric Strutz- The Door Church
FLAG SALUTE: Council Member David Toro
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Dr. Luis S. González Stephanie M. Vargas, Deputy City Clerk John R. Echevarria
Council Members Absent
Kelly J. Chastain (Absent/ Excused)
***************************************************************************
MAYOR AND COUNCIL ITEMS
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if th ere were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
***************************************************************************
PUBLIC HEARINGS
(1) Solid Waste Rate Adjustment
Approve and Adopt Resolution to Approve Solid Waste Rate Adjustment to the Amended and Restated Agreement Between the City of Colton and Republic Services as Assigned to CR&R Incorporated for Collection of Municipal Solid Waste, RESOLUTION NO. R-130-22.
Mayor Navarro declared the Public Hearing open.
Deputy City Clerk Vargas submitted the Notice of Continuance of the Public Hearing (on file in the City Clerk’s Office) and there were 11 reports of written protests or objections thereto.
1.a
Packet Pg. 12
Attachment: 12-20-2022 FINAL MinRegCouMtng (3837 : Draft Minutes 12-20-2022) 2022 DECEMBER 20 CC/CUA/CPFA/CHA MEETING 2 -
Staff Presentation
Director Dickinson, Public Works, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
The following community members addressed the Council: John Lungfield, Pam Lemos, Veronica Gonzalez, Gem Montes, John Stylianides.
Motion and Second by CM Toro/CM Gonzalez to close the public hearing.
Vote: Unanimous with CM Chastain Absent.
Motion and Second by CM Gonzalez/CM Echevarria to Approve and Adopt Resolution No. R-130-22.
Vote: Unanimous with CM Chastain Absent.
*************************************************************************** Public Comment
The following community members addressed the Council: John Longfield, Tamara Matteson, Erlinda Armedariz, Chantell Martinez, Sabrina Valverde, Gary Grossich, Veronica Gonzalez, John Styliandes.
***************************************************************************
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 15.
Motion and Second by CM González/CM Toro to approve consent calendar Item 2 through 15.
Vote: Unanimous with CM Chastain Absent and CM Gonzalez Recusing himself from Item Number 11 due to a conflict of interest.
(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on December 6, 2022. [Staff Person: Carolina Padilla]
(3) Warrants - Approve voucher numbers 202560 to 202678 dated 11/17/2022 and totaling $429,940.27; voucher numbers 202679 to 202771 dated 11/23/2022 and totaling $2,542,934.57; voucher numbers 202772 to 202854 dated 11/29/2022 and totaling $74,293.43. [Staff Person: Stacey Dabbs]
(4) City Treasurer's Report - Receive and File City Treasurer's Report for September 2022. [Staff Person: Aurelio De La Torre]
(5) Change Order - Weka Inc. - Approve Change Order No. 2 to the Contract with Weka, Inc. for the Washington Bridge Water Line Relocation Project.
[Staff Person: Brian Dickinson]
(6) Contract Amendment - Andresen Architecture - Approve Second Amendment to the Contract with Andresen Architecture for the Wastewater Reclamation Facility Building Project. [Staff Person: Brian Dickinson]
(7) Contract Award - Borden Excavating - Approve Award of Contract to Borden Excavating for the East F Street Transmission Pipeline Project.
[Staff Person: Brian Dickinson]
1.a
Packet Pg. 13
Attachment: 12-20-2022 FINAL MinRegCouMtng (3837 : Draft Minutes 12-20-2022) 2022 DECEMBER 20 CC/CUA/CPFA/CHA MEETING 3 -
(8) Contract Award - CASC Engineering - Approve Contract with CASC Engineering to Provide On-Call Environmental Consulting Services.
[Staff Person: Mark Tomich]
(9) Contract Award - Kimley-Horn - Approve Contract with Kimley-Horn & Associates to Provide On-Call Environmental Consulting Services.
[Staff Person: Mark Tomich]
(10) Contract Award - Willdan - Approve Contract for Building & Safety Support Services to Willdan Engineering, and Corresponding Budget Amendment, RESOLUTION NO. R-128-22. [Staff Person: Mark Tomich]
(11) Easements - Electric Utility - Approve the Recordation of Grant of Easement for the Electric Utility at 602 Agua Mansa.
[Staff Person: Brian Dickinson]
(12) Letter of Intent - SBCOG Housing Trust - Approve a Letter of Intent Indicating Interest in Participation in the San Bernardino Council of Governments (SBCOG) Housing Trust Program. [Staff Person: Bill Smith]
(13) Purchase - PD Server Replacement - Approve Purchase of Dell Servers and Related Equipment for Police Department.
[Staff Person: Hank Dominguez]
(14) Purchase – RDO Equipment Company - Approve and Adopt a Resolution to Purchase a Backhoe for the Public Works Division of the Public Works & Utilities Department, RESOLUTION NO. R-129-22. [Staff Person: Brian Dickinson]
(15) Second Reading of Ordinance No. O-18-22 - Waive Full Reading and Read by Title only, Approving the Second Reading of an Ordinance of the City Council of the City of Colton to Chapter 7.20 to Title 7 of the City of Colton Municipal Code Prohibiting the Feeding, Watering, and Harassment of Undomesticated Burros, ORDINANCE NO. O-18-22.
[Staff Person: Carolina Padilla]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
City Manager Smith announce with no objection a calendar update:
01-03-2023 Regular Council Meeting Canceled
01-17-2023 Next Regular Council Meeting
ADJOURNMENT
At 7:13 p.m. Mayor Navarro adjourned the Regular Council Meeting.
_________________________________
Carolina R. Padilla
City Clerk
1.a
Packet Pg. 14
Attachment: 12-20-2022 FINAL MinRegCouMtng (3837 : Draft Minutes 12-20-2022)
ITEM NO. 2
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 11/30/2022 TOTALING $44,107.86; VOUCHER NUMBERS 202855 TO 202981 DATED
12/01/2022 AND TOTALING $1,729,633.49; VOUCHER NUMBERS
202982 TO 203059 DATED 12/08/2022 AND TOTALING
$2,823,271.50; VOUCHER NUMBERS 203060 TO 203157 DATED
12/15/2022 AND TOTALING $3,157,225.64; A PAYROLL
DISBURSEMENT LISTING DATED 10/15/2022 TO 10/28/2022 AND TOTALING $936,777.72 AND A PAYROLL DISBURSEMENT
LISTING DATED 10/29/2022 TO 11/11/2022 AND TOTALING
$934,584.90.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 11/30/2022 totaling $44,107.86; voucher numbers 202855 to 202981 dated 12/01/2022 and totaling $1,729,633.49; voucher numbers 202982 to 203059 dated 12/08/2022 and totaling $2,823,271.50; voucher numbers 203060 to 203157 dated 12/15/2022 and totaling $3,157,225.64; a payroll disbursement listing dated 10/15/2022 to 10/28/2022 and totaling $936,777.72 and a payroll disbursement listing dated 10/29/2022 to 11/11/2022 and totaling $934,584.90.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
2 Packet Pg. 15
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
January 17, 2023
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Voucher lists.continued
4. Payroll Registers
2 Packet Pg. 16
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
2.a
Packet Pg. 17
Attachment: Fund Number and Title Legend (3846 : Warrants - Accounts Payable)
2.b
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Attachment: Voucher lists (3846 : Warrants - Accounts Payable)
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ITEM NO. 3
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE AN AGREEMENT WITH BEST, BEST & KRIEGER, LLC, FOR DEFERRED BILLING FOR CIVIL LITIGATION SERVICES.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Agreement for Deferred Billing for Receivership Litigation Services Between the City of Colton and Best Best & Krieger LLP (“BB&K ”), and authorize the City Manager to approve those cases in which BB&K can petition the Court to appoint a receiver.
BACKGROUND
In January 2016, the City Council authorized the City Manager to review and sign deferred billing contracts with the Law Offi ces of Charisse L. Smith for Receivership Services. (January 5, 2016 Council Meeting, Agenda Item #6.) The agreements with Mrs. Smith’s office provided that she would offer legal services to the City for receivership litigation on a deferred billing basis.
On August 15, 2022, Mrs. Smith joined the law offices of Best, Best & Krieger (BB&K). While BB&K currently has an agreement with the City to handle all litigation matters as directed by the City, the current agreement does not provide for deferred bi lling. BB&K is prepared to offer such services to the City on essentially the same terms as the Law Offices of Charisse L. Smith; however, a new contract for such services on a deferred billing basis is necessary.
ISSUES/ANALYSIS
Prior to joining BB&K, Mrs. Smith’s office provided receivership services to the City to rehabilitate several distressed properties in the City, most of which were at no direct cost to the 3 Packet Pg. 118
Staff Report to the Mayor and City Council
Agreement - Best, Best & Krieger
January 17, 2023
City. In these types of actions, in most instances, the costs incurred for the litigation are paid directly through a court -ordered sale of the property after the receiver has either directly rehabbed the property or sold the property to an investor who agrees to rehab the property.
Accordingly, BB&K proposes to defer billing until the close of the case and/or a judgment from the court. The City is not billed attorney’s fees directly for this type of case on a monthly basis.
The proposed agreement provides that the City Manager may authorize BB&K to proceed with litigation for this type of case. The proposed agreement also provides that the maximum costs to be paid by the City directly for the deferred billing, shall not exceed $25,000 per any individual litigation. Therefore, allowing the City Manager to authorize this type of litigation d oes not exceed the City Manager’s authority.
The deferred billing method is a way to allow the City to pursue this type of litigation and defer the cost to the end of the case, where it is likely to be paid by a third party, thus shifting the cost burden where it belongs, on the actual property owner who created the nuisance conditions. It is not a contingency fee arrangement, and if there are no funds available from the property itself (receiver sale), or the owner, the City will be responsible for up t o $25,000 in fees and costs.
Should there be ancillary litigation such as a civil rights claim by the defendant, a bankruptcy filing, or an appeal, the City’s regular agreement with BB&K for litigation services shall apply and such fees and costs will not be part of the deferred billing agreement.
FISCAL IMPACTS
In the event costs are not recovered directly from third parties, the City may be responsible for a portion of BB&K’s fees and costs capped at $25,000. This is likely less than the potential cost of continued nuisance abatement for distressed properties. However, since the City has not budgeted for these services, should the situation arise where the City would have to bear the fees and costs, this would require an additional budget appropriation at the end of a given case.
ALTERNATIVES
1. Amend proposed agreement for deferred billing for receivership litigation and require staff to seek approval from the City Council before proceeding with receivership litigation.
2. Have City Council decide on a case-by-case basis whether to pursue litigation at BB&K’s rates and billed on a monthly basis.
ATTACHMENT
1. Agreement for Deferred Billing for Civil Litigation Services Between Colton and BBK 3 Packet Pg. 119
23152.61000\40888129.1
1 AGREEMENT FOR
DEFERRED BILLING FOR RECEIVERSHIP LITIGATION SERVICES
BETWEEN
THE CITY OF COLTON &
BEST BEST & KRIEGER LLP
1. PARTIES AND DATE.
This Agreement for Deferred Billing for Civil Litigation Services is made and entered into as of the __ day of _______, 202__, by and between the City of Colton a California municipal corporation (“Client”), and Best Best & Krieger LLP, a limited liability partnership engaged in the practice of law (“BB&K”).
2. RECITALS.
2.1 Client wishes to engage the services of BB&K as its City Attorney to perform the necessary legal services to prosecute certain civil litigation cases on a deferred billing basis for the Client on the terms set forth below. For purposes of this Agreement, the term “Client” shall include the Successor Agency to the former Colton Redevelopment Agency, and any other affiliated entities.
3. TERMS.
3.1 Term. The term of this Agreement shall commence on __________ and shall continue in full force and effect until terminated in accordance with Section 3.12.
3.2 Scope of Services. BB&K serves as City Attorney and shall perform legal services (“Services”) as may be required from time to time by the Client as set forth by this Agreement, unless otherwise agreed to by the Client and BB&K. As part of the Services to be performed hereunder, BB&K shall be responsible for the following:
3.2.1 Filing lawsuits to appoint a receiver pursuant to California Health and Safety Code Section 17980.7(c) regarding substandard properties in the City when property owners fail to comply with notices to abate, as directed by the Code Compliance Division and approved by the City Manager. Such services shall include, but shall not be limited to, the preparation for and making of appearances, including preparing pleadings and petitions, making oral presentations, and preparing answers, briefs or other documents on behalf of the Client in the Superior Court of the County of San Bernardino. This agreement does not apply to ancillary services including, but not limited to a removal or attempted removal to federal court, defense of any civil rights complaint or cross-complaint, bankruptcy, or an appeal. Such services are covered under the general agreement with the City.
3.3 Designated Litigation Attorney. Charisse L. Smith, or any other attorney designated by BB&K shall be responsible for the performance of all Services under this Agreement, including the supervision of Services performed by other members of BB&K.
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2 3.4 Time of Performance. The Services of BB&K shall be performed expeditiously in the time frames and as directed by the Client and as advanced by the Superior Court.
3.5 Assistance. The Client agrees to provide all information and documents necessary for the attorneys at BB&K to perform their obligations under this Agreement.
3.6 Independent Contractor. BB&K shall perform all legal services required under this Agreement as an independent contractor of the Client and shall remain, at all times as to the Client, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the Client, nor any of its employees, shall have any control over the manner, mode or means by which BB&K, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The Client shall have no voice in the selection, discharge, supervision or control of BB&K’s employees, representatives or agents, or in fixing their number, compensation, or hours of service.
3.7 Fees and Costs. BB&K shall render and bill for legal services in the following categories and at rates set forth in Exhibit “A” and in accordance with the BB&K Billing Policies set forth in Exhibit “B”, both of which are attached hereto and incorporated herein by reference.
In addition, the Client shall reimburse BB&K for reasonable and necessary expenses incurred by it in the performance of the Services under this Agreement. Authorized reimbursable expenses shall include, but are not limited to, printing and copying expenses, mileage expenses at the rate allowed by the Internal Revenue Service (maximum distance to the closest BB&K office), toll road expenses, long distance telephone and facsimile tolls, computerized research time (e.g.
Lexis or Westlaw), research services performed by BB&K’s library staff, extraordinary mail or delivery costs (e.g. courier, overnight and express delivery), court fees and similar costs relating to the Services that are generally chargeable to a client. However, no separate charge shall be made by BB&K for secretarial or word processing services.
3.8 Billing. To the extent BB&K’s fees and costs are not paid by a third party such as the Owner, receiver, or escrow company, and whenever requested by Client, BB&K shall submit to the Client a detailed statement of account for Services. The Client shall review BB&K’s statement and pay BB&K for Services rendered and costs incurred, as provided for in this Agreement, within 30 days of the date such statement is rendered to the Client for payment.
3.9 Annual Reviews. The Client and BB&K agree that a review of performance and the compensation amounts referenced in this Agreement should occur at least annually.
3.10 Insurance. BB&K carries errors and omissions insurance with Lloyd’s of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California. A separate schedule containing BB&K’s insurance policies will be available for inspection upon Client’s request.
3.11 Attorney-Client Privilege. Confidential communication between the Client and BB&K shall be covered by the attorney-client privilege. As used in this article, “confidential communication” means information transmitted between the Client and BB&K in the course of the relationship covered by this Agreement and in confidence by a means that, so far as the
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3 Client is aware, discloses the information to no third persons other than those who are present to further the interests of the Client in the consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of the purpose for which BB&K is consulted, and includes any legal opinion formed and advice given by BB&K in the course of this relationship.
3.12 Termination of Agreement and Legal Services. This Agreement and the Services rendered under it may be terminated at any time upon thirty (30) days’ prior written notice from either party, with or without cause. In the event of such termination, BB&K shall be paid for all Services authorized by the Client and performed up through and including the effective date of termination.
3.13 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.
3.14 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
3.15 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both parties.
3.16 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.
3.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.18 Delivery of Notices. All notices permitted or required under this Agreement notices 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. 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:
Client: City of Colton
650 N. La Cadena Drive
Colton, CA 92324
Attention: City Manager
BB&K:
Best Best & Krieger LLP
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Attachment: Agreement for Deferred Billing for Civil Litigation Services Between Colton and BBK (3905 : Agreement - Best, Best & Krieger) 23152.61000\40888129.1
4 2855 E. Guasti Road, Suite 400
Ontario, CA 91761
Attention: Marco A. Martinez, Partner
3.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
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5 IN WITNESS WHEREOF, THE CLIENT AND BB&K HAVE EXECUTED THIS AMENDED
AND RESTATED AGREEMENT FOR CITY ATTORNEY LEGAL SERVICES AS OF THE DATE FIRST WRITTEN ABOVE.
CITY OF COLTON
By: _______________________________
Mayor
Attest:
_______________________________
City Clerk
BEST BEST & KRIEGER LLP
By: _______________________________
Marco A. Martinez
Partner
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23152.61000\40888129.1
A-1
EXHIBIT “A”
Compensation on a Deferred Billing Basis:
1. Deferred Billing. Billing to the Client shall be deferred until the end of the case, and paid directly by the Client in the event the fees and costs are not paid by a third party such as the receiver, lender, or escrow company. In the event the owner enters a payment plan agreed to by the City, the City shall be responsible for payment to BB&K and shall collect payments directly from the owner.
2. Deferred Billing Rates:.
Attorney Hourly Rate
Attorney Blended Rate: $302 per hour
Paralegals/Law Clerks $172 per hour
3. Contract Limit per Lawsuit. The Client shall have no more than a maximum of $25,000.00 direct expense to the Client per lawsuit filed on behalf of Client. All other fees and costs not paid by third parties shall be waived.
4. Annual Adjustments; Other Mutual Adjustments. The rates or amounts provided for in Section 2 shall be automatically increased as follows: On July 1, 2023 and every July 1st thereafter during the term of this Agreement, they shall be increased for the change in the cost of living for twelve (12) month period published for the month of May, as shown by the U.S.
Department of Labor in its All Urban Consumers Index set forth for the San Bernardino- Anaheim-Riverside area; provided, however, that such adjustment shall never be lower than zero percent (0%) nor more than four percent (4%). In addition to the automatic rate increases, either BB&K or the Client may initiate consideration of a rate increase at any time.
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B-1
EXHIBIT “B”
BB&K BILLING POLICIES
Our century of experience has shown that the attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or our Accounting Department. Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm.
Fees for Professional Services
Unless a flat fee is set forth in our engagement agreement with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client's behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client.
Hourly rates are set to reflect the skill and experience of the attorney or other legal personnel rendering services on the client's behalf. Time is accrued on an incremental basis for such matters as telephone calls (minimum .3 hour) and letters (minimum .5 hour), and on an actual basis for all other work. Our attorneys are currently billed at rates from $230 to $725 per hour, and our administrative assistants, research assistants, paralegals and law clerks are billed at rates from $110 to $225 per hour. These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice.
Fees For Other Services, Costs and Expenses
We attempt to serve all our clients with the most effective support systems available.
Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court filing fees and other court-related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates.
We may need to advance costs and incur expenses on your behalf on an ongoing basis.
These items are separate and apart from attorneys' fees and, as they are out-of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the
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B-2
client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due.
Advance Deposit Toward Fees And Costs
Because new client matters involve both a substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case-by-case basis discussed first with the client, and is specified in our engagement agreement.
Upon receipt, the advance deposit will be deposited into the firm's client trust account.
Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney’s fees. At the end of engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits.
By signing the initial engagement agreement, each client is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, after presentation to the client. If we succeed in resolving your matter before the amounts deposited are used, any balance will be promptly refunded.
Monthly Invoices and Payment
Best Best & Krieger LLP provides our clients with monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt.
Each monthly invoice reflects both professional and other fees for services rendered through the end of the prior month, as well as expenses incurred on the client's behalf that have been processed by the end of the prior month. Processing of some expenses is delayed until the next month and billed thereafter.
Our fees are not contingent upon any aspect of the matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account. If a bill is not paid within 30 days, a late charge of one percent per month on the unpaid invoice shall be added to the balance owed, commencing with the next statement and continuing until paid.
It is our policy to treat every question about a bill promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We will then advise the client by letter that the client may pay the invoice within 14 days or the firm will take appropriate steps to withdraw as attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee deposits or make deposits for anticipated costs.
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Attachment: Agreement for Deferred Billing for Civil Litigation Services Between Colton and BBK (3905 : Agreement - Best, Best & Krieger) 23152.61000\40888129.1
B-3
From time to time clients have questions about the format of the bill or description of work performed. If you have any such questions, please ask them when you receive the bill so we may address them on a current basis.
Changes in Fee Arrangements and Budgets
It may be necessary under certain circumstances for a client to increase the size of required advances for fees after the commencement of our engagement and depending upon the scope of the work. For example, prior to a protracted trial or hearing, the firm may require a further advance payment to the firm's trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing.
Because of the uncertainties involved, any estimates of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an approximation of potential fees.
BEST BEST & KRIEGER LLP
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Attachment: Agreement for Deferred Billing for Civil Litigation Services Between Colton and BBK (3905 : Agreement - Best, Best & Krieger)
ITEM NO. 4
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH
BLAIS & ASSOCIATES GRANT WRITING SERVICES FOR
COMPLETION OF CALIFORNIA DEPARTMENT OF WATER
RESOURCES GRANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the professional services agreement for Blais an d Associates to provide grant - writing services to apply for The California Department of Water Resources (DWR) Urban Community Drought Relief Grant Program, waiving the formal bidding process in accordance with Colton Municipal Code 3.08.140(e), and;
2. Provide the City Manager or his designee signing authority to execute any agreements.
BACKGROUND
The City of Colton currently has a contract with Blais and Associates for grant writing services out of the City Manager's Office. The current proposal for grant writing services to apply for the Urban Community Drought Relief Program is $20,048, which when combined with other City Departments, could potentially exceed the City Manager's $50,000 limit when combined with the existing contract.
Blais and Associates has been successful in writing several grants for the City including a recent grant award from The Department of Toxic Substance Control for over $200,000. Due to their success and familiarity with the City of Colton , waiving the competitive bid ding proce ss is recommended from staff.
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Staff Report to the Mayor and City Council
Agreement - Blais & Associates Grant Writing Services
January 17, 2023
ISSUES/ANALYSIS
In June 2022, the California legislature amended the Budget Act of 2021 (Stats. 2021, ch. 240, § 80) to allocate an additional $545 million to Department of Water Resources (DWR) to award grants for drought relief. These grants are intended to provide water to communities that face the loss or contamination of their water supplies, to address immediate impacts on human health and safety, to secure the future of California’s water supply, and to protect fish an d wildlife resources.
The City of Colton Water Department has four eligible projects that meet the grant guidance:
1. Well Pumping Plant 33 located at the Rialto site for construction and equipping all appurtenances required for a fully operational well -$3,200,000.
2. Well Pumping Plant 32, located at Rich Dauer Park construction and equipping all appurtenances required for a fully operational well --$3,200,000.
3. Weather Based Smart Irrigation Controller system installation- $300,000
4. Washington Median Turf Removal capital improvement project-$1,000,000
These projects meet the following DWR urban grant project eligibility-
• Projects that support immediate drought response
• Projects that enhance local supply and climate resilience through sour ce watershed improvements, consistent with Water Code section 108.5, that defines source watersheds as infrastructure
• Turf replacement with drought tolerant landscaping: i.e., replacing turf (traditional grass lawns) with native and drought tolerant plants and/or climate appropriate turf species for functional turf2
• New wells or rehabilitation of existing wells
FISCAL IMPACTS
Sufficient appropriations for the g rant writing services are available in the FY2022-23 adopted budget in Water Fund Water Conservation Professional Services A ccount Number 521-8100- 8110-2350-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
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ITEM NO. 5
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE STREAMBED ALTERATION AGREEMENT WITH
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR THE
LA CADENA DRIVE BRIDGE OVER SANTA ANA RIVER BRIDGE
REPLACEMENT PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
The City Council approve Streambed Alteratio n Agreement with California Department of Fish and Wildlife for the La Cadena Bridge over Santa Ana River Bridge Replacement Project and authorize the City Manager to execute the agreement.
BACKGROUND
La Cadena Drive Bridge serves as a major link across the Santa Ana River for the residential and industrial communities in the City of Colton and the neighboring Cities of Grand Terrace and Riverside. It also serves as an alternative route for Freeway I -10 and I-215. The existing 4-lane steel bridge was co nstructed in 1929. It is currently listed on the Federal Eligible Bridge List (EBL) and rated "Structurally Deficient (SD)" with a very low Sufficiency Rating (SR) of 25.2.
The 1ow SR indicates that the existing structure is seriously deteriorated and str ucturally deficient requiring prompt structural corrections. In addition, the bridge's low rating on the deck geometry also meets the classification of being "Functionally Obsolete (FO)". Observations from field inspection indicated that the bridge is in its final years of service as most of the steel members are severely corroded with thick rust, and some of the steel columns are cracked and tilted.
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Staff Report to the Mayor and City Council
Agreement - California Department of Fish and Wildlife
January 17, 2023
In May 2010, the City submitted an application to Caltrans for the replacement of La Cadena Bridge over Santa Ana River. Subsequently in March 2011, the City received approval of Highway Bridge Program (HBP) funding for La Cadena Bridge over Santa Ana River Replacement Project (“Project”) in the amount of $24,376,736. This funding is intended for preliminary engineering, right of way, utility relocation and construction. As part of the right of way phase, temporary and permanent easement acquisition, and utility relocation, the City received additional HBP funding in the amount of $752,505.
ISSUES/ANALYSIS
La Cadena Bridge over Santa Ana River Project is currently in the right of way phase, and in the process of negotiations with th e property owners for the road and temporary construction easements. As part of the right of way phase, the project needs to secure all necessary permits for the construction phase of the project. One of the permits needed is the Streambed Alteration Agreement (Agreement) with California Department of Fish and Wildlife (CDFW).
The purpose of the Streambed Alteration Agreement is to allow the Project to construct and work on the riverbed. Anticipated construction activities along the riverbed includes excavation, grading, concreting, pile driving and other foundation work. These construction activities could substantially adversely affect existing fish or wildlife resources along the riverbed. The adverse effects the project could have on fish or wildlife resources identified during the environmental phase of the project includes disturbance, alteration, and/or loss of breed ing to the wildlife and species. The Agreement is to insure that the project will protect and restore the wildlife habitat along the riverbed. Included in the Agreement are measures necessary to protect these resources.
Prior to completion of constructio n activities, the project will develop and submit to CDFW an onsite Habitat Restoration Plan (HRP). At a minimum, the HRP shall include the following information:
a. Description of the existing physical conditions of the restoration site, including water resources and habitat types, and a map that identifies the location of the site. b. Plan for the preparation of the restoration site, post -project construction, including the removal of nonnative plant species, and grading.
c. Local California native plant palette, if seeding/planting are necessary. d. Planting plan including monitoring and maintenance measures, and a timeline. e. Procedures to ensure that non-native plants are not introduce or allowed to sustain within the restoration site. The plan will also include removal plan for non-native plant. f. Success standards with contingency measures.
g. Location of designated photo stations.
Monitoring and maintenance of the restoration site will be conducted annually for a minimum of five years, or until CDFW determines the restoration site is successful. An annual report shall be submitted to CDFW each year for a minimum of five years following contouring and revegetation within the habitat restoration site or until CDFW deems the mitigation site 5 Packet Pg. 132
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Agreement - California Department of Fish and Wildlife
January 17, 2023
successful. All onsite restoration activities described above will be completed no later than 12 months following Project completion.
FISCAL IMPACTS
There are no cost s or fees associated with the processing and execution of the agreement with CDFW. The total construction cost accounts for the project , and includes the necessary measures for the protection and restoration of wildlife along the riverbed as provisioned in the contract. Restoration activities include re -contouring the stream bank and adjacent a reas to natural grade; reseeding or replanting with native plant species from local sources, where appropriate; and removing all nonnative plant species, trash, and debris. These activities will be part of the construction contract of the bridge replaceme nt project and will be funded with the use of Highway Bridge Program (HBP), Arterial Measure I, and Traffic Impact Fee Funds.
ALTERNATIVES
Provide alternative direction to staff
ATTACHMENT
1. Exhibit A - Streambed Alteration Agreement with CDFW 5 Packet Pg. 133
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
INLAND DESERTS REGION
3602 INLAND EMPIRE BLVD., SUITE C-220
ONTARIO, CALIFORNIA, 91764
STREAMBED ALTERATION AGREEMENT
NOTIFICATION NO. 1600-2017-0112-R6
Santa Ana River
CITY OF COLTON DEPARTMENT OF PUBLIC WORKS
LA CADENA DRIVE OVER SANTA ANA RIVER BRIDGE REPLACEMENT PROJECT
This Streambed Alteration Agreement (Agreement) is entered into between the California Department of Fish and Wildlife (CDFW) and City of Colton Department of Public Works (Permittee).
RECITALS
WHEREAS, pursuant to Fish and Game Code section 1602, Permittee notified CDFW on June 16, 2017 that Permittee intends to complete the project described herein.
WHEREAS, pursuant to Fish and Game Code section 1603, CDFW has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources.
WHEREAS, Permittee has reviewed the Agreement and accepts its terms and conditions, including the measures to protect fish and wildlife resources.
NOW THEREFORE, Permittee agrees to complete the project in accordance with the Agreement.
PROJECT LOCATION
The project is located in within the Santa Ana River at La Cadena Drive, in the City of Colton, County of San Bernardino, State of California; Latitude 34.045270°, Longitude - 117.331305°.
PROJECT DESCRIPTION
The project is limited to the replacement of the existing La Cadena Drive bridge with a 98-foot wide bridge to accommodate four 12-foot wide lanes, a 10-foot wide raised meridian, and a 6-foot wide bicycle lane with a 9.5-foot shoulder in each direction, and a 6-foot wide sidewalk protected by a 1.5-foot wide concrete barrier in either direction.
Bridge piers will remain in place, and no additional construction shall be required.
Project construction activities also include:
DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Attachment: Exhibit A - Streambed Alteration Agreement with CDFW (3907 : Agreement - California Department of Fish and Wildlife) Notification #1600-2017-0112-R6
Streambed Alteration Agreement
1. Constructing a culvert within the North Riverside and Jurupa irrigation canal to support the roadway;
2. Replacing a portion of the existing bicycle trail with a realigned trail connecting to the Santa Ana River trail;
3. Replacing the grade stabilization structure and installing slope lining, cutoff walls, and retaining walls at the bridge abutments;
4. Relocating the existing 12-inch water main to a 24-inch utility opening in the new bridge;
5. Constructing a rectangular open channel at the top of the new concrete grade stabilizer for future construction of a fish ladder to co nnect river reaches upstream and downstream of the grade stabilizer.
This Agreement does not authorize any future maintenance or repair activities associated with the new La Cadena Road Bridge. CDFW encourages Permittee to submit to CDFW a Notification of Lake or Streambed Alteration for the long-term maintenance and operations of Permittee’s facilities.
PROJECT IMPACTS
Existing fish or wildlife resources the project could substantially adversely affect include:
BIRDS - American crow (Corvus brachyrhynchos), Bewick’s wren (Thryomanes bewickii), bushtit (Psaltriparus minimus), California towhee (Melozone crissalis), common raven (Corvus corax), house finch (Carpodacus mexicanus), lesser goldfinch (Spinus psaltria), mourning dove (Zenaida macroura), northern mockingbird (Mimus polyglottos), northern rough-winged swallow (Stelgidopteryx serripennis), red-tailed hawk (Buteo jamaicensis), rock wren (Salpinctes obsoletus), Say’s phoebe (Sayornis saya), western kingbird (Tyrannus verticalis), and white-throated swift (Aeronautes saxatalis); REPTILES –side-blotched lizard (Uta stansburiana), and western fence lizard (Sceloporus occidentalis); MAMMALS - Botta’s pocket gopher (Thomomys bottae), black-tailed jackrabbit (Lepus californicus deserticola), California ground squirrel (Spermophilus beecheyi), coyote (Canis latrans), deer mouse (Peromyscus maniculatus), desert cottontail (Sylvilagus audubonii), Los Angeles pocket mouse (Perognathus longimembris brevinasus), San Diego pocket mouse (Chaetodipus fallax fallax), and western yellow bat (Lasiurus xanthinus); FISH- arroyo chub (Gila orcutti), and Santa Ana Sucker (Catostomus santaanae); PLANTS –Riversidean alluvial fan sage scrub, Santa Ana River woollystar (Eriastrum densifolium ssp. sanctorum), and mulefat scrub.
The adverse effects the project could have on the fish or wildlife resources identified above include: the disturbance to, alteration of, and/or loss of breeding, foraging, and refugia habitat. The construction of the project will permanently impact 0.16 acre and temporarily impact 4.86 acres of Fish and Game Code section 1602 resources within the Santa Ana River.
If any additional impacts to Fish and Game Code section 1602 resources are anticipated, Permittee shall submit an application for an amendment to this Agreement to assess and quantify the impacts, and for authorization of those impacts.
DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Attachment: Exhibit A - Streambed Alteration Agreement with CDFW (3907 : Agreement - California Department of Fish and Wildlife) Notification #1600-2017-0112-R6
Streambed Alteration Agreement
MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES
1. Administrative Measures
Permittee shall meet each administrative requirement described below.
1.1 Documentation at Project Site. Permittee shall make the Agreement, any extensions and amendments to the Agreement, and all related notification materials and California Environmental Quality Act (CEQA) documents, readily available at the project site at all times and shall be presented to CDFW personnel, or personnel from another state, federal, or local agency upon request.
1.2 Providing Agreement to Persons at Project Site. Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the project site on behalf of Permittee, including but not limited to contractors, subcontractors, inspectors, and monitors.
1.3 Notification of Conflicting Provisions. Permittee shall notify CDFW if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the project by another local, state, or federal agency. In that event, CDFW shall contact Permittee to resolve any conflict.
1.4 Project Site Entry. Permittee agrees that CDFW personnel may enter the project site at any time to verify compliance with the Agreement.
1.5 Take of Listed Species. The issuance of this Agreement does not authorize the take of any state- or federally-listed threatened, endangered, or fully protected species. Take of any California Endangered Species Act (CESA)-listed species is prohibited except as authorized by state law (Fish and Game Code, §§ 2080 & 2085). Consequently, if a project, including project construction or any project- related activity during the life of the project, results in take of CESA-listed species, the CDFW recommends that the project proponent seek appropriate authorization prior to project implementation. This may include an incidental take permit (ITP) or a consistency determination (Fish and Game Code, §§ 2080.1 & 2081).
1.6 Additional Project Impacts. Permittee shall submit to CDFW a request to amend this Agreement if any additional Projects or impacts subject to Fish and Game Code section 1602 not identified in this Agreement are anticipated. No additional impacts subject to Fish and Game Code section 1602 are authorized unless the projects and/or impacts are expressly authorized by CDFW by amendment to this Agreement.
1.7 Take of Nesting Birds. Fish and Game Code section 3503 makes it unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Streambed Alteration Agreement
thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code Section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by the rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act 1918, as amended (16 U.S.C. § 703 et seq.). The issuance of this Agreement does not in any way exempt or excuse compliance with these statutes.
2. Avoidance and Minimization Measures
To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below.
2.1 Designated Biologists. Permittee shall submit to CDFW for review and approval, the name, contact information, and qualifications of each biologist, botanist, or other specialist (Designated Biologist(s)) proposed to perform survey and/or conduct monitoring activities for the project. Permittee shall specify within these submittals which activities each Designated Biologist is being considered for and the specific qualifications and experience they possess to support the assignment. Permittee shall submit the aforementioned information at least 30 days before commencement of project activities addressed by this Agreement.
CDFW’s written approval of the Designated Biologist(s) must be received prior to the commencement of project activities. Permittee shall notify CDFW in advance and in writing if a Designated Biologist must be changed to a person not previously proposed for the project.
2.2 Authority of Designated Biologists. To ensure compliance with the measures of this Agreement, the Designated Biologist(s) shall have the authority to immediately halt any activity that does not comply with this Agreement, order any reasonable measure to avoid the violation of any measure of this Agreement, and directly contact CDFW for any reason. If the Designated Biologist(s) determines that the project may have an adverse effect on any special-status species (threatened, endangered, candidate, species of special concern, etc.), the Designated Biologist(s) must halt construction and notify the appropriate agencies immediately (i.e., within 24 hours). Unless authorized by CDFW, the Designated Biologist(s) shall not have the authority to handle state- listed species (threatened, endangered, or candidate or fully protected species).
2.3 Worker Environmental Awareness Program. Prior to implementing any construction activities on the project site, the Permittee shall implement a Worker Environmental Awareness Program (WEAP) to educate on-site workers about sensitive environmental issues associated with the project. The WEAP will be administered to all on-site personnel, including the Permittee’s DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Streambed Alteration Agreement
personnel, contractors, and all subcontractors, prior to the employee’s commencing work on the project site. Permittee shall provide interpretation for non-English speaking workers, and the same instruction shall be provided to any new workers before they are authorized to perform work in the project Site.
The WEAP will include but not be limited to protected species that have potential to occur within the project site, including nesting birds, plants, and other wildlife species.
2.4 Delineate Work Area Boundary. In consultation with the Designated Biologist(s), Permittee shall clearly delineate the outer perimeter of the work areas and access routes with appropriate fencing, signage, and/or flagging to prevent damage to adjacent habitats. Environmentally sensitive areas adjacent to the project footprint shall be demarcated with highly visible barriers surrounding each location, including locations with mulefat scrub, Riversidean alluvial fan sage scrub, and Santa Ana River woollystar. If any Santa Ana River woollystar individuals are found within the project site, Santa Ana River woollystar plants shall be fenced and avoided, and the Designated Biologist(s) shall contact CDFW immediately (i.e., within 24 hours). The delineation materials shall be in place during all periods of operation and all persons employed or otherwise working on the project site shall be instructed about the restrictions. Permittee shall ensure the delineation materials are monitored daily, and maintained, repaired, or replaced immediately if the materials are damaged, lost, stolen, or become ineffective in any way. The Designated Biologist(s) shall ensure the delineation materials do not create a barrier to wildlife movement and will not pose a risk to wildlife safety. If Santa Ana River woollystar cannot be fully avoided. Permittee shall obtain appropriate take authorization (i.e., CESA ITP under Fish and Game Code section 2081) prior to impacts.
2.5 San Bernardino Kangaroo Rat Protocol Trapping. Within 4 months prior to the start of project activities, Permittee shall conduct pre-project protocol trapping for San Bernardino kangaroo rat (SBKR) within the project footprint and a 500-foot buffer. Nighttime temperatures during the trapping must be greater than 50 degrees Fahrenheit. The results of the protocol trapping shall be provided to CDFW no less than 30 days prior to the start of project activities. If SBKR are present, all project activities must avoid take. If complete avoidance cannot be achieved, Permittee should not undertake activities addressed in this Agreement or should postpone initiation of project activities until appropriate authorization (i.e., CESA ITP under Fish and Game Code section 2081) is obtained. This Agreement does not provide authorization for take of any listed species.
2.6 Nesting Birds. Permittee shall ensure that impacts to nesting birds are avoided through the implementation of ongoing monitoring, and if necessary, establishment of minimization measures.
2.6.1 Permittee shall designate a biologist (Designated Biologist(s)) experienced in: identifying local and migratory bird species; conducting DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Streambed Alteration Agreement
bird surveys using appropriate survey; nesting surveying techniques, recognizing breeding and nesting behaviors, locating nests and breeding territories, and identifying nesting stages and nest success; determining/establishing appropriate avoidance and minimization measures; and monitoring the efficacy of implemented avoidance and minimization measures.
2.6.2 Surveys shall be conducted by the Designated Biologist(s) at the appropriate time of day/night, during appropriate weather conditions, no more than 3 days prior to the initiation of project activities addressed by this Agreement. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows, cavities, and structures. Survey duration shall take into consideration the size of the property; density, and complexity of the habitat; number of survey participants; survey techniques employed; and shall be sufficient to ensure the data collected is complete and accurate.
2.6.3 Pre-activity sweeps shall focus on both direct and indirect evidence of nesting, including nest locations and nesting behavior (e.g., copulation, carrying of food or nest materials, nest building, removal of fecal sacks, flushing suddenly from atypically close range, agitation, aggressive interactions, feigning injury, or distraction displays, or other behaviors). If a nest is suspected, but not confirmed, the Designated Biologist(s) shall establish a disturbance-free buffer until additional surveys can be completed, or until the location can be inferred based on observations.
The Designated Biologist(s) shall not risk failure of the nest to determine the exact location or status and shall make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). If a nest is observed, but thought to be inactive, the Designated Biologist(s) shall monitor the nest for one hour (four hours for raptors) prior to approaching the nest to determine status. The Designated Biologist(s) shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
2.6.4 When an active nest is confirmed, the Designated Biologist(s) shall immediately establish a conservative buffer surrounding the nest based on their best professional judgement and experience. The buffer shall be delineated to ensure that its location is known by all persons working within the vicinity but shall not be marked in such a manner that it attracts predators. Once the buffer is established, the Designated Biologist(s) shall document baseline behavior, stage of reproduction, and existing site conditions, including vertical and horizontal distances from proposed work areas, visual or acoustic barriers, and existing level of disturbance.
DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Streambed Alteration Agreement
Following documentation of baseline conditions, the Designated Biologist(s) may choose to adjust the buffer based on site characteristics, stage of reproduction, and types of project activities proposed at/near that location. The Designated Biologist(s) shall monitor the nest at the onset of project activities addressed by this Agreement, and at the onset of any changes in project activities (e.g., increase in number or type of equipment, change in equipment usage, etc.) to determine the efficacy of the buffer. If the Designated Biologist(s) determines that project activities may be causing an adverse reaction, the Designated Biologist(s) shall adjust the buffer accordingly.
2.6.5 If project activities must take place within the buffer, a qualified acoustician shall monitor noise as work approaches the edge of the occupied habitat as directed by the Designated Biologist(s). If the noise meets or exceeds the 60 dB(A) Leq threshold, or if the Designated Biologist(s) determines that activities are disturbing nesting activities, the Designated Biologist(s) shall have the authority to halt the project activities and shall consult with CDFW to devise methods to reduce the noise and/or disturbance. This may include methods such as, but not limited to, turning off vehicle engines and other equipment whenever possible to reduce noise, installing a protective noise barrier between the nesting birds and the activities, and working in other areas until the young have fledged. Protective noise barriers shall be removed when birds are done nesting and shall not remain installed in the project site during the rainy season. The Designated Biologist(s) shall monitor the nest daily until activities are no longer within 300 feet of the nest, or the fledglings become independent of their nest, or the nest has failed
2.6.6 The Designated Biologist(s) shall be onsite daily to monitor all existing nests, the efficacy of established buffers, and to document any new nesting occurrences. The Designated Biologist(s) shall document the status of all existing nests, including the stage of reproduction and the expected fledge date. If a nest is suspected to have been abandoned or failed, the Designated Biologist(s) shall monitor the nest for a minimum of one hour (four hours for raptors), uninterrupted, during favorable field conditions. If no activity is observed during that time, the Designated Biologist(s) may approach the nest to assess the status.
2.7 Burrowing Owl. Habitat assessments, surveys, impact assessments, and all associated reports shall be completed following the recommendations and guidelines provided within the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012). The Burrowing Owl is protected under the Federal Migratory Bird Treaty Act (MBTA) of 1918 (50 C.F.R.
Section 10.13) and Sections 3503, 3503.5 and 3513 of the FGC, which prohibit take of all birds and their nests including raptors. Therefore, it is the DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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Streambed Alteration Agreement
responsibility of the project proponent to ensure compliance with these laws for the entire project site.
Prior to the initiation of any project activities, Permittee shall conduct a burrowing owl habitat assessment. The assessment shall be conducted by a biologist knowledgeable of burrowing owl habitat, ecology, and field identification of the species and burrowing owl sign and in accordance with the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012). The assessment shall consist of walking the entire project site and adjoining areas within 150 meters, including areas that may be indirectly impacted by the project, to identify the presence of burrowing owl habitat.
Burrowing Owls use a variety of natural and modified habitats for nesting and foraging that is typically characterized by low growing vegetation. Burrowing Owl habitat includes, but is not limited to: native and nonnative grassland, interstitial grassland with shrub lands, shrub lands with low density shrub cover, golf courses, drainage ditches, earthen berms, unpaved airfields, pastureland, dairies, fallow fields, and agricultural use areas. Burrowing Owls typically use burrows made from fossorial (adapted for burrowing or digging) mammals such as ground squirrels or badgers, and often manmade structures such as earthen berms; cement culverts; cement, asphalt, rock, or wood debris piles; or openings beneath cement or asphalt pavement.
A report summarizing the results of the habitat assessment shall be submitted to CDFW within 30 days following the completion of the assessment and shall include all information as outlined in Appendix C of the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012).
Please note that burrowing owl habitat assessments dated more than one year prior to the construction start date will not be accepted by CDFW. If no suitable habitat is found on-site (i.e., if the site is completely covered in chaparral habitat, cement, or asphalt), no additional surveys are necessary. If suitable habitat is found onsite, burrowing owl surveys must be conducted by a qualified biologist during the breeding season of February 1 through August 31 in accordance with the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012). Survey results shall be submitted to CDFW within 30 days of completion of surveys following the guidelines provided in Appendix D of the Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012). If surveys confirm occupied burrowing owl habitat in or adjoining the project area, the Permittee shall contact CDFW and conduct an impact assessment, in accordance with Staff Report on Burrowing Owl Mitigation (Department of Fish and Game, March 2012), to assist in the development of avoidance, minimization, and mitigation measures, prior to commencing project activities.
2.8 Bat Protection. Permittee shall ensure that impacts to bats are avoided through the implementation of preconstruction surveys, ongoing monitoring, DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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and if necessary, establishment of minimization measures as identified below:
2.8.1 Habitat assessments to identify potential bat roosts and occupancy shall be conducted by the Designated Biologist(s) no more than 90 days prior to the start of project activities. Results of pre-construction surveys shall be provided to CDFW per Measure 4.1.
2.8.2 If appropriate habitat exists to potentially support bats, Designated Biologist(s) shall conduct surveys at the appropriate time day/night, during appropriate weather conditions at least one (1) week prior to the initiation of project activities addressed by this Agreement. Pre- construction surveys shall focus on both direct and indirect evidence of roosting (structures, rock crevices, trees, etc.). If bats are found to be using any areas proposed for impacts (e.g., bridge or vegetation), Permittee shall, in coordination with a CDFW-approved bat biologist, conduct nighttime surveys in the peak maternity season (June or July) to confirm the species present (using visual and acoustic methods) and to determine the pre-construction size of the colony (using exit counts), and prepare a Bat Avoidance Plan, outlining actions to avoid or reduce impacts to bats roosting within or adjacent to the structures. Impacts to maternity roosts (April 1 though August 31) must be completely avoided,.
Results of pre-construction surveys shall be provided to CDFW per Measure 4.1.
2.8.3 Designated Biologist(s) shall establish a disturbance-free buffer based upon the bat species observed during project activities. Designated Biologist(s) be onsite daily to monitor bat roosts and the efficacy of established buffers until they conclude that the roost is no longer present. If the project results in the abandonment of, or damage to a roost, Permittee shall notify CDFW within 24 hours.
2.8.4 Nighttime Bridge Construction. If nighttime work is necessary for the project construction, the Permittee shall ensure that night lighting shall not be used within 200 feet of any roosting bats, or as determined by Designated Biologist(s), andshall be used only on the portion of the structure actively worked on and focused on the direct area of work, and that airspace access to and from the potential bat roots features of the structure shall not be obstructed except in direct work areas.
2.8.5 Night-Roosting Bat Habitat. To prevent loss of potential night-roosting habitat following removal of the existing bridge, the Permittee shall ensure that the replacement bridge contains structural features that are suitable for night-roosting bats. Prior to end of construction activities, the Permittee shall submit to CDFW a night-roosting bat habitat report (see Measure 4.4).
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2.8.6 Tree Removal. If trimming or removal of mature trees and snags is necessary for project construction, tree trimming/removal activities should be performed outside of the bat maternity season, which occurs from April 1 through August 31, to avoid direct impacts to nonvolant (flightless) young that may roost in trees within the project area. If trimming or removal of trees during the bat maternity season (April 1 through August 31) cannot be avoided, a qualified biologist shall be present to monitor tree removal unless nighttime surveys conducted within 1 week of removal indicate no tree- roosting bat activity within the project area.
2.9 Biological Monitoring. The Designated Biologist(s) shall be onsite daily, while project activities are occurring and shall be responsible for monitoring all project activity that have the potential to impact Fish and Game Code section 1602 resources, including streams, associated vegetation/habitat, and wildlife. The Designated Biologist(s) shall ensure that all avoidance and minimization measures are implemented and maintained, including, but not limited to: determining and delineating appropriate avoidance and buffer areas, maintaining delineated access routes and work areas, monitoring for the presence of, and potential impacts to, special-status species, and maintaining/repairing/replacing any exclusionary fencing and trench/excavation covers.
2.10 Best Management Practices. Permittee shall actively implement Best Management Practices (BMPs) to prevent erosion and the discharge of sediment and pollutants during project activities. BMPs shall be monitored and repaired if necessary to ensure maximum erosion, sediment, and pollution control. Permittee shall prohibit the use of erosion control materials potentially harmful to fish and wildlife species, such as mono-filament netting (erosion control matting) or similar material. All fiber rolls, straw wattles, and/or hay bales utilized within and adjacent to the project site shall be free of nonnative plant materials. Fiber rolls or erosion control mesh shall be made of loose- weave mesh that is not fused at the intersections of the weave, such as jute, or coconut (coir) fiber, or other products without welded weaves. Non- welded weaves reduce entanglement risks to wildlife by allowing animals to push through the weave, which expands when spread. Permittee shall ensure BMPs do not pose a barrier to wildlife movement and shall be installed to allow for the safe passage of wildlife movement, particularly of less vagile species (such as small mammals and reptiles), out of the project area. Long, continuous lengths of silt- fencing or other BMP materials installed without gaps can create a barrier to wildlife movement, trapping wildlife within the project area. Areas of safe passage can be easily accommodated by leaving small gaps between parallel and overlapping lengths of BMPs.
2.11 Trash Abatement and Refuse Removal. Permittee shall ensure that trash and DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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food items are contained in animal-proof containers and removed at the end of each work day to avoid attracting opportunistic predators such as ravens, coyotes, and feral dogs. Upon completion of project activities within each project location, Permittee shall remove and properly dispose of all construction refuse, including, but not limited to, broken equipment parts, wrapping material, cords, cables, wire, rope, strapping, twine, buckets, metal or plastic containers, and boxes.
2.12 Pollution and Litter. Permittee shall comply with all litter and pollution laws. All contractors, subcontractors, and employees shall also obey these laws and it shall be the responsibility of Permittee to ensure compliance.
2.12.1 Permittee shall not allow water containing mud, silt, or other pollutants from grading, aggregate washing, or other activities to enter a lake, streambed, or flowing stream or be placed in locations that may be subjected to high storm flows.
2.12.2 Spoil sites shall not be located within a lake, streambed, or flowing stream or locations that may be subjected to high storm flows, where spoil shall be washed back into a lake, streambed, or flowing stream where it will impact streambed habitat and aquatic or riparian vegetation.
2.12.3 Raw cement/concrete or washings thereof, asphalt, paint, or other coating material, oil or other petroleum products, or any other substances which could be hazardous to fish and wildlife resources resulting from project related activities shall be prevented from contaminating the soil and/or entering a lake, streambed, or flowing stream. These materials, placed within or where they may enter a lake, streambed, or flowing stream by Permittee or any party working under contract or with the permission of Permittee, shall be removed immediately.
2.12.4 No broken concrete, cement, debris, soil, silt, sand, bark, slash, sawdust, rubbish, or washings thereof, oil or petroleum products, or other organic or earthen material from any construction or associated activity of whatever nature shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into a lake, streambed, or flowing stream. When operations are completed, any excess materials or debris shall be removed from the work area. No rubbish shall be deposited within 150 feet of the high water mark of any lake, streambed, or flowing stream.
2.12.5 No equipment maintenance shall be done within or near any lake, streambed, or flowing stream where petroleum products or other pollutants from the equipment may enter these areas under any flow.
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2.13 Excavated Areas. At the end of each work day, Permittee shall, with the oversight of the Designated Biologist(s), secure any open trench or excavated area such that animals are unable to enter and become entrapped. The excavated areas must be secured using appropriate site- and species-specific methods, such as, placing plywood or other barrier materials over the excavated area, placing an escape ramp of suitable material and at an angle no greater than 30 degrees at each end of the open trench/excavated area, or installing temporary fencing around the perimeter of trenches or holes.
2.14 Nonnative plant species. Permittee shall utilize local, native plants to the greatest extent feasible in the landscaped areas adjacent to and/or near open space and mitigation areas. Permittee shall not plant, seed, or otherwise introduce invasive plant species to the landscaped areas. Invasive nonnative plant species not to be used include those species listed on the “California Invasive Plant Inventory, February 2006” and the “February 2007 Inventory Update”, (which are updates to Lists A & B of the California Exotic Pest Plant Council's list of "Exotic Pest Plants of Greatest Ecological Concern in California as of October 1999"). This list includes: pepper trees, pampas grass, fountain grass, ice plant, myoporum, black locust, capeweed, tree of heaven, periwinkle, bush lupine, sweet alyssum, English ivy, French broom, Scotch broom, Spanish broom, and pepperweed. A copy of the complete list can be obtained by contacting the California Invasive Plant Council by phone at (510) 843-3902, at their website at www.cal-ipc.org, or by email at [email protected].
3. Compensatory Measures
To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized, Permittee shall implement each measure listed below.
3.1 Habitat Restoration – Onsite. Permittee shall restore all temporary impact areas, consisting of 4.86 acres of streambed within the project site. Restoration activities shall include recontouring the stream bank and adjacent areas to natural grade; reseeding or replanting with native plant species from local sources, where appropriate; and removing all nonnative plant species, trash, and debris. Prior to completion of construction activities, Permittee shall develop and submit to CDFW an onsite Habitat Restoration Plan (HRP). At a minimum, the HRP shall include the following information: (a) a description of the existing physical conditions of the restoration site, including water resources and habitat types, and a map that identifies the location of the site; (b) a plan for the preparation of the restoration site, post-project construction, including the removal of nonnative plant species, and grading; (c) a local California native plant palette, should seeding/planting be necessary; (d) a planting plan, including monitoring and maintenance measures and a timeline; (e) procedures to ensure that nonnative plants are not introduced or allowed to sustain within the restoration site and a nonnative plant removal plan; (f) success standards with DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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contingency measures; and (g) location of designated photo stations. Monitoring and maintenance of the restoration site shall be conducted annually for a minimum of five years, or until CDFW determines the restoration site is successful. An annual report shall be submitted to CDFW each year for a minimum of five years following contouring and revegetation within the habitat restoration site or until CDFW deems the mitigation site successful (see Measure
4.1). All onsite restoration activities described above shall be completed no later than 12 months following Project completion.
3.2 Habitat Restoration - Offsite. Permittee shall contribute sufficient funds to a CDFW- approved mitigation bank for the purchase of a minimum of 5.34 acres of credits within the upper Santa Ana River Watershed. Permittee shall obtain CDFW approval, in writing, regarding the choice of the mitigation bank prior to contribution of funds. Permittee shall provide proof of purchase to CDFW prior to commencement of project activities.
4. Reporting Measures
Permittee shall meet each reporting requirement described below.
4.1 Pre-Activity Survey Results. Permittee shall submit to CDFW for review, the results of the pre-activity surveys conducted by the Designated Biologist(s) and any measures proposed to avoid, minimize, and/or mitigate impacts to any nesting bird(s), bats, and/or special-status species, if identified during the survey(s). Results of the survey shall be submitted to CDFW in writing no more than 7 days following completion of the surveys and before commencement of project activities. The report shall include the following information: a list of all nesting bird(s) and/or special-status species observed; a description of habitat and refugia (e.g., potential burrows, nests, dens, etc.) potentially supporting the nesting bird(s) and/or special-status species; the location(s) of each observation; methods proposed to demarcate/delineate those locations and any associated buffers/avoidance areas; and any other avoidance or minimization measure proposed to be implemented.
4.2 Annual Reporting of the Restoration Site. An annual report shall be submitted to CDFW each year for a minimum of five years following contouring and revegetation within the habitat restoration site or until CDFW deems the mitigation site successful. At a minimum, this report shall include the following information: (1) a description of the habitat maintenance activities conducted during the previous year, including: (a) site preparation, (b) plant installation/seeding and an overview of the planting/seeding effort, where applicable, (c) the number by species of plants replaced or naturally recruited, and (d) when the activities were conducted; (2) current site conditions, including: (a) the percent survival, percent cover, and height of both tree and shrub species planted, and (b) the methods used to assess these parameters; DocuSign Envelope ID: D12C3080-9FF2-4BB2-9123-C41A86DFA397
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and (3) information regarding nonnative plant removal, including: (a) the methods used for removal, (b) the amount removed and/or treated, (c) the frequency and timing of removal and treatment, (d) disposal specifics, and (e) a summary of the general successes and failures or failure of the nonnative removal plan. The report shall also include wildlife species observed at the mitigation sites during monitoring surveys including sensitive species and/or listed species. Photos from designated photo stations shall be included. The first annual report is due to CDFW no later than 13 months following end of construction, or as extended by CDFW.
4.3 Notification to CNDDB. If any sensitive species are/have been observed on or in proximity to the project site, or during project surveys, Permittee shall submit California Natural Diversity Data Base (CNDDB) forms and maps to the CNDDB within five working days of the sightings, and provide the regional CDFW office with copies of the CNDDB forms and survey maps. The CNDDB form is available online at: https://www.wildlife.ca.gov/Data/CNDDB/Submitting- Data. A copy of this information shall also be emailed within seven days to CDFW at the email listed below under Contact Information. Please reference Notification No. # 1600-2017-0112-R6.
4.4 Notification of Start and End of Construction. The Permittee shall notify CDFW, in writing, at least fourteen (14) days prior to the start of project activities, and no more than seven (7) days after the end of project activities. Notification shall be emailed to CDFW Inland Deserts Region at
[email protected]. Please reference Notification No. 1600- 2017-0112-R6.
4.5 Night-Roosting Bat Habitat Report. The Permittee shall submit to CDFW the final location, installation, and design of night-roosting bat habitat structures prior to the end of bridge construction activities. The submission shall include photos of the night-roosting bat habitat structures and GPS locations of the installation sites. Please reference Notification No. # 1600-2017-0112-R6.
CONTACT INFORMATION
Any communication that Permittee or CDFW submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail or email, or to such other address as Permittee or CDFW specifies by written notice to the other.
To Permittee:
Victor Ortiz
City of Colton
Department of Public Works
160 South 10th Street
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Colton, CA 92324
(909) 514-4210 (Phone)
[email protected]
To CDFW:
California Department of Fish and Wildlife
Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220
Ontario, California 91764
Attn: Lake and Streambed Alteration Program
Notification #1600-2017-0112-R6
[email protected]
LIABILITY
Permittee shall be solely liable for any violations of the Agreement, whether committed by Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents or contractors and subcontractors, to complete the project or any activity related to it that the Agreement authorizes.
This Agreement does not constitute CDFW’s endorsement of, or require Permittee to proceed with the project. The decision to proceed with the project is Permittee’s alone.
SUSPENSION AND REVOCATION
CDFW may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, is not in compliance with the Agreement.
Before CDFW suspends or revokes the Agreement, it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke. The notice shall state the reason(s) for the proposed suspension or revocation, provide Permittee an opportunity to correct any deficiency before CDFW suspends or revokes the Agreement, and include instructions to Permittee, if necessary, including but not limited to a directive to immediately cease the specific activity or activities that caused CDFW to issue the notice.
ENFORCEMENT
Nothing in the Agreement precludes CDFW from pursuing an enforcement action against Permittee instead of, or in addition to, suspending or revoking the Agreement.
Nothing in the Agreement limits or otherwise affects CDFW's enforcement authority or that of its enforcement personnel.
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OTHER LEGAL OBLIGATIONS
This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with, or obtaining any other permits or authorizations that might be required under, other federal, state, or local laws or regulations before beginning the project or an activity related to it. For example, if the project causes take of a species listed as threatened or endangered under the Endangered Species Act (ESA), such take will be unlawful under the ESA absent a permit or other form of authorization from the U.S. Fish and Wildlife Service or National Marine Fisheries Service.
This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, from complying with other applicable statutes in the Fish and Game Code including, but not limited to, Fish and Game Code sections 2050 et seq. (threatened and endangered species), section 3503 (bird nests and eggs), section 3503.5 (birds of prey), section 5650 (water pollution), section 5652 (refuse disposal into water), section 5901 (fish passage), section 5937 (sufficient water for fish), and section 5948 (obstruction of stream).
Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee, including its officers, employees, representatives, agents, or contractors and subcontractors, to trespass.
AMENDMENT
CDFW may amend the Agreement at any time during its term if CDFW determines the amendment is necessary to protect an existing fish or wildlife resource.
Permittee may amend the Agreement at any time during its term, provided the amendment is mutually agreed to in writing by CDFW and Permittee. To request an amendment, Permittee shall submit to CDFW a completed CDFW “Request to Amend Lake or Streambed Alteration” form and include with the completed form payment of the corresponding amendment fee identified in CDFW’s current fee schedule (see Cal.
Code Regs., tit. 14, § 699.5).
TRANSFER AND ASSIGNMENT
This Agreement may not be transferred or assigned to another entity, and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing, as specified below, and thereafter CDFW approves the transfer or assignment in writing.
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The transfer or assignment of the Agreement to another entity shall constitute a minor amendment, and therefore to request a transfer or assignment, Permittee shall submit to CDFW a completed CDFW “Request to Amend Lake or Streambed Alteration” form and include with the completed form payment of the minor amendment fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5).
EXTENSIONS
In accordance with Fish and Game Code section 1605, subdivision (b), Permittee may request one extension of the Agreement, provided the request is made prior to the expiration of the Agreement’s term. To request an extension, Permittee shall submit to CDFW a completed CDFW “Request to Extend Lake or Streambed Alteration” form and include with the completed form payment of the extension fee identified in CDFW’s current fee schedule (see Cal. Code Regs., tit. 14, § 699.5). CDFW shall process the extension request in accordance with Fish and Game Code section 1605, subdivisions (b) through (e).
If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish & G. Code § 1605, subd. (f)).
EFFECTIVE DATE
The Agreement becomes effective on the date of CDFW’s signature, which shall be: 1) after Permittee’s signature; 2) after CDFW complies with all applicable requirements under the California Environmental Quality Act (CEQA); and 3) after payment of the applicable Fish and Game Code section 711.4 filing fee listed at https://www.wildlife.ca.gov/Conservation/CEQA/Fees.
TERM
This Agreement shall expire on September 28, 2027, unless it is terminated or extended before then. All provisions in the Agreement shall remain in force throughout its term.
Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated, as Fish and Game Code section 1605, subdivision (a)(2) requires.
AUTHORITY
If the person signing the Agreement (signatory) is doing so as a representative of Permittee, the signatory hereby acknowledges that he or she is doing so on Permittee’s behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein.
AUTHORIZATION
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This Agreement authorizes only the project described herein. If Permittee begins or completes a project different from the project the Agreement authorizes, Permittee may be subject to civil or criminal prosecution for failing to notify CDFW in accordance with Fish and Game Code section 1602.
CONCURRENCE
The undersigned accepts and agrees to comply with all provisions contained herein.
FOR THE CITY OF COLTON DEPARTMENT OF
PUBLIC WORKS
Victor Ortiz Date
Assistant PW Director/City Engineer
FOR DEPARTMENT OF FISH AND WILDLIFE
Kim Freeburn Date
Environmental Program Manager
Prepared by: Brandy Wood
Senior Environmental Scientist (Supervisor)
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ITEM NO. 6
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE THE ANNUAL DEVELOPMENT IMPACT FEE (AB1600) REPORT FOR FISCAL YEAR ENDING JUNE 30, 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the Annual Development Impact Fee Report for Fiscal Year Ending June 30, 2022.
BACKGROUND
In 1987, the Ca lifornia Legislature passed Assembly Bill 1600 (AB 1600), also known as the Mitigation Fee Act (Government Code, Sections 66000 et seq.) that governs the establishment and administration of development impact fees. A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local agency to new development for the purposes of defraying costs of public facilities needed as a result of impacts created by the new development.
California Government Code, Section 66006 (b) (1) requires a local agency within 180 days after the last day of each fiscal year, to make available to the public the following information for the fiscal year:
1. A brief description of the type of fee in the account or fund
2. The amount of the fee
3. The beginning and ending balance of the account or fund
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5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the perc entage of the cost of the public improvement that was funded with fees.
6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement.
7. A description of each inter -fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended.
8. The amou nt of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f).
Government Code 66001(d) (1) states the following requirements as pertains to Development Impact Fees:
For the fifth fiscal year following the first deposit into the account or fund, and every five years thereafter, the local agency shall make all of the following findings with respect to that portion of the account or fund remaining unexpended, whether committed or uncommitted:
1. Identify the purpose to which the fee is to be put
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged
3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements
4. Designate the approximate dates on which the funding referred to in subparagraph C is expected to be deposited in the appropriate account or fund
ISSUES/ANALYSIS
A summary of the City’s impact fees and their fund balances for Fiscal Year Ending June 30, 2022 are listed below:
Fund 248- Park Facilities $3,253,914
Fund 249- Traffic Facilities $9,727,307
Fund 250- Library Facilities $ 376,003
Fund 251- Civic Center Facilities $ 122,968
Fund 252-Fire Facilities $ 301,452
Fund 253-Police Facilities $ 389,458
Fund 521-Water Facilities $26,689,157
Fund 522-Wastewater Facilities $10,241,725
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FISCAL IMPACTS
There is no impact on City resources from this annual report, and this report meets the compliance requirements of the Mitigation Fee Act.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. FY-22 Annual DIF Report
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Fiscal Year Ended June 30, 2022
December 6, 2022
Prepared by:
NBS
for the
CITY OF COLTON
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City Officials
Frank J. Navarro, Mayor
David J. Toro, Councilmember, District 1
Kelly J. Chastain, Councilmember, District 2
Dr. Luis S. Gonzalez, Councilmember, District 3
John R. Echevarria, Councilmember, District 4
Officers
Carolina R. Padilla, City Clerk
Administrative Team
William R. Smith, City Manager
Carlos L. Campos, City Attorney
Stacey Dabbs, Finance Director
Brian Dickinson, Public Works & Utility Services Director Eva Elias, Public Works, Water/Wastewater Admin Manager
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TABLE OF CONTENTS
Development Impact Fee Report ...................................................................................................................................................... 1
1.1 Annual Report .................................................................................................................................................................................. 1
1.2 Five-Year Report ............................................................................................................................................................................... 2 Current Impact Fees ......................................................................................................................................................................... 4
2.1 Types of Impact Fees and Impact Fee Funds ................................................................................................................................... 4
2.2 Current Fee Schedule ....................................................................................................................................................................... 5 Financial Summary Report................................................................................................................................................................ 6 Public Improvements ....................................................................................................................................................................... 7 Interfund Loans ................................................................................................................................................................................ 8 Refunds ........................................................................................................................................................................................... 9 Attachment – Current Impact Fee Schedule
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DEVELOPMENT IMPACT FEE REPORT
The California Mitigation Fee Act (Government Code Sections 66000 et seq.) mandates procedures for administration of impact fee programs, including collection and accounting, reporting, and refunds. Regarding reporting requirements, the Mitigation Fee Act requires annual reporting for each impact fee fund, and a separate more extensive report every fifth year. This report meets the requirements described in 1.1 Annual Report, below. A combined Annual and Five-Year Report will be provided when required according to the City’s reporting schedule.
1.1 Annual Report
Section 66006 (b) (1) requires that once each year, within 180 days of the close of the fiscal year, the local agency must make available to the public the following information for each separate account established to receive impact fee revenues:
1. A brief description of the type of fee in the account or fund; (report section 2)
2. The amount of the fee; (report section 2 and attachment)
3. The beginning and ending balance of the account or fund; (report section 3)
4. The amount of the fees collected, and interest earned; (report section 3)
5. Identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees; (report section 4)
6. Identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement; (report section 4)
7. A description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended; (report section 5)
8. The amount of any refunds or allocations made pursuant to Section 66001, paragraphs (e) and (f). (report section 6) The annual report must be reviewed by the City Council at its next regularly scheduled public meeting, but not less than 15 d ays after the statements are made public, per Section 66006 (b) (2).
Section 66013(d) has similar requirements for capacity charges in that, within 180 days after the close of each fiscal year, the local agency must make available to the public the following information:
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1. A description of the charges deposited in the fund; (report section 2)
2. The beginning and ending balance of the fund and the interest earned from investment of moneys in the fund; (report section 3)
3. The amount of charges collected in that fiscal year; (report section 3)
4. An identification of:
a. Each public improvement on which charges were expended and the amount of expenditure for each improvement, including the percentage of the total cost of the public improvement that was funded with those charges if more than one source of funding was used; (report section 4)
b. Each public improvement on which charges were expended that was completed during that fiscal year; (report section 4) c. Each public improvement that is anticipated to be undertaken in the following fiscal year; (report section 4)
5. A description of each interfund transfer or loan made from the capital facilities fund, including the public improvement on which the transferred or loaned charges are or will be expended and, in the case of an interfund loan, the date on which the loan will be repaid and the rate of interest that the fund will receive on the loan. (report section 5)
1.2 Five-Year Report
Prior to 1996, The Mitigation Fee Act required that a local agency collecting impact fees was required to expend or commit impact fee revenue within five years or make findings to justify a continued need for the money. Otherwise, those funds had to be refunded. SB 1693, adopted in 1996 as an amendment to the Mitigation Fee Act, changed that requirement in material ways.
Now, Section 66001 (d) requires that, for the fifth fiscal year following the first deposit of any impact fee revenue into an account or fund as required by Section 66006 (b), and every five years thereafter, the local agency shall make all of the following findings for any fee revenue that remains unexpended, whether committed or uncommitted:
1. Identify the purpose to which the fee will be put;
2. Demonstrate the reasonable relationship between the fee and the purpose for which it is charged;
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements for which impact fees are to be used;
4. Designate the approximate dates on which the funding necessary to complete financing of those improvements will be deposited into the appropriate account or fund.
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Those findings are to be made in conjunction with the annual reports discussed above. If such findings are not made as required by Section 66001, the local agency could be required to refund the moneys in the account or fund, per Section 66001 (d).
Once the agency determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).
Disclaimer: In preparing this report and any analysis and findings included herein, NBS has relied on several principal assumptions and considerations with regard to financial matters, conditions and events that occurred or may occur in the future. This information and assumptions, including the City’s budgets, financial reports, capital project data, and other information were provided by sources we believe to be reliable; however, NBS has not independently verified such information and assumptions. While we believe NBS’ use of such information a nd assumptions is reasonable for the purpose of this report, some assumptions will invariably not materialize as stated herein and may vary due to unanticipated events and circumstances.
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CURRENT IMPACT FEES
Development impact fees (DIFs) in the City of Colton are one-time charges levied on new development in Colton to fund various infrastructure, facilities, vehicles, and equipment. The City’s DIF program was most recently updated by City Council’s ratification of Ordinance O-02-20. The fee amounts included in the Ordinance are substantiated by the Development Impact Fee Justification Study for the City of Colton, Report Date: January 21, 2020 (DIF Study).
2.1 Types of Impact Fees and Impact Fee Funds
The fees documented in the body of this Annual Development Impact Fee Report (Report) include the following fees listed below. The revenue and expenditures for each fee type are tracked by the City in separate funds.
Fund No. Fund/Fee Name Purpose and Use of the Fee
248 Park Development Fund
The Park Development Fund tracks revenues and expenditures associated with Park Development (Facilities) Fees and Quimby In-Lieu Fees. Quimby In-Lieu fees are regulated by Government Code Section 66477, not the Mitigation Fee Act. This Annual Report intends to comply specifically with the Mitigation Fee Act’s reporting requirements. Therefore, the description of the purpose and use of fees for this fund is limited to the Park Development (Facilities) Fees. These fees are collected and spent on the construction of new parks, recreational facilities, and trails needed to serve new development. The fees are intended to meet demand for park facilities caused by new development through the year 2035.
249 Traffic Impact Fund
Traffic Facilities Fees are collected and spent on the construction of new roadways, interchanges, intersections, traffic signals, bridge construction and related improvements in the City, as specifically identified in the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. The fees are intended to meet the transportation demand for new development through the year 2035. 250 New/Library Facilities
Library Facilities Fees are collected and spent on the expansion and remodeling of existing library facilities, acquisition of books, equipment, and materials for these facilities, specifically identified in the City’s Needs List.
This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.
251 Civic Center
Civic Center Facilities Fees are collected and spent on the acquisition of land, construction of new public buildings, and expansion of existing City facilities to accommodate new development growth. Facilities are identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.
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Fund No. Fund/Fee Name Purpose and Use of the Fee
252 Fire Department Facilities
Fire Department Facilities Fees are collected and spent on the construction of new Fire Department facilities, a fire training facility, dorm and apparatus bay, a fire training tower and vehicle and equipment acquisition and replacement, specifically identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. 253 Police Department
Facilities
Police Department Facilities Fees are collected and spent on the construction, expansion and build-out of Police department facilities as well as vehicle and equipment replacement, specifically identified on the City’s Needs List. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development.
521 Water
The City charges a combined Waste/Water Facilities Fee, collected and spent for additional water and wastewater facilities identified as needed to serve new development. Among facilities needed are new wells, treatment plants, booster stations, lift stations, pipes, reservoirs, station rehabs and others. This List is documented within ordinance O-20-20 and the DIF Study, Appendix A, which shows the amount of cost attributable to the impact of new development. Facility needs, costs, and calculated fee amounts for water separate from wastewater are substantiated by the DIF Study, even though the City has adopted a combined Waste/Water Facilities Fee. Revenue is tracked to a specific revenue account within the respective utility funds for Water and Wastewater.
522 Wastewater
2.2 Current Fee Schedule
The Attachment to this report provides a copy of Colton’s current DIF Fee Schedule.
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FINANCIAL SUMMARY REPORT
The following financial summary report provides a statement of revenue, expenditures, and changes in fund balance for each impact fee fund, for the Fiscal Year End June 30, 2022. All financial data was sourced from revenue, expenditure, and trial balance reports provided by the City.
Fund No. 248 249 250 251 252 253 521 522
Description
Park Facilities
Fee Fund2
Traffic Facilities
Fee Fund
Library
Facilities Fee
Fund
Civic Center
Facilities Fee
Fund
Fire Facilities
Fee Fund
Police
Facilities Fee
Fund
Water
Facilities
Fees3
Wastewater
Facilities
Fees3
REVENUES
Fees 41,846 33,352 3,952 1,138 6,374 8,305 53,428 117,418 Interest (27,951) (93,729) (3,564) (1,164) (2,901) (3,739) - - Loan Payments - - - - - - - - Other Revenue 36,315 49,208 - - - - - - Transfers In - - - - - - - - Total Revenues 50,210 (11,169) 388 (26) 3,473 4,566 53,428 117,418 Expenditures
Expenditures - 247,060 - - - - 3,035,540 777,392 Loan Payments - - - - - - - - Total Expenditures - 247,060 - - - - 3,035,540 777,392 REVENUES OVER (UNDER) EXPENDITURES 50,210 (258,229) 388 (26) 3,473 4,566 (2,982,112) (659,974) Fund Balance, Beginning of the Year1 3,225,459 9,963,870 375,929 123,096 298,234 385,220 26,086,103 10,691,859 Fund Balance, End of the Year 3,253,914 9,727,307 376,003 122,968 301,452 389,458 26,689,157 10,241,725 1 Beginning & Ending Fund Balance is reported as cash balance and matches financial reports provided by the City's Finance Department 2 Fund Balance includes both Quimby and DIF sources and uses 3 Beginning & Ending Fund Balance reflects balance of entire utility fund, not specific to capacity fee revenues and expenses
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PUBLIC IMPROVEMENTS
This section of the Annual Report identifies each public improvement on which fees were expended for the Fiscal Year End June 30, 2022, the amount of the expenditures on each improvement, including the percentage of the cost of the public improvement that was funded with fees.
FISCAL YEAR 2021/22 PUBLIC IMPROVEMENT EXPENDITURES
The Mitigation Fee Act also requires annual identification of the approximate date by which the construction of a public improvement will commence, if the City determines sufficient funds have been collected to complete financing of an incomplete public improvement. The projects listed above represent active uses of impact fee funds to complete current capital improvement projects. Other than the projects listed in the table above, the City has not identified any public improvements that have sufficient funds as of June 30, 2022, to complete the financing on incomplete public improvements.
Fund Fund Name Project Name Project
Start FY
Project
Finish FY
Project
Phase Total Project Cost Total Impact Fee
Funded Amount
% Impact Fee
Funded
Total Prior Year
Impact Fee
Expenditures
FY 2022 Impact
Fee
Expenditures
Impact Fee
Funding
Remaining
249 Traffic Barton Bridge Replacement 2019 2024 Active 611,132$ 120,478$ 19.7% 10,451$ 8,843$ 101,184$ 249 Traffic Agua Mansa Bridge Over Rialto Channel 2022 2025 Active 1,379,976$ 272,048$ 19.7% -$ 578$ 271,470$ 249 Traffic TS Install N St. & Rancho Ave (Local) 2020 2022 Completed 400,000$ 15,546$ 3.9% 19,346$ 165,348$ (169,148)$ 249 Traffic Traffic Sign Meridian/San Bernadino/Olive 2022 2024 Active 400,000$ 15,546$ 3.9% -$ 8,422$ 7,124$ 249 Traffic I-10/Mt. Vernon Interchange 2021 2025 Active 10,533,446$ 2,080,505$ 19.8% 40,834$ 63,783$ 1,975,888$ 521 Water New Wells 1&2 2020 2024 Active 10,000,000$ 7,800,000$ 78.0% 71,750$ 1,795,058$ 5,933,192$ 521 Water New Reservoir for Cental Zone 2023 2024 Planned 7,000,000$ 4,620,000$ 66.0% -$ -$ 4,620,000$ 521 Water New Reservoir for Crystal Ridge 2023 2024 Planned 7,000,000$ 7,000,000$ 100.0% -$ 8,932$ 6,991,068$ 522 Water Rehab Booster Station - Prado 2022 2022 Completed 1,500,000$ 945,000$ 63.0% 135,143$ 1,231,550$ (421,693)$ 523 Water Rehab Booster Station - Crystal Ridge 2023 tbd Planned 1,500,000$ 1,500,000$ 100.0% -$ -$ 1,500,000$ 524 Water New Booster Station at Rialto Reservoir 2023 tbd Planned 2,000,000$ 2,000,000$ 100.0% -$ -$ 2,000,000$ 522 Wastewater Lake Cadena Sewer Lift Station Replacement n/a n/a Inactive 2,000,000$ 2,000,000$ 100.0% -$ -$ 2,000,000$ 522 Wastewater Center Street Lift Station 2023 tbd Planned 3,000,000$ 3,000,000$ 100.0% -$ -$ 3,000,000$ 522 Wastewater Fernandez & Flores Lift Station
Rehab/Replacement 2023 tbd Planned 300,000$ 300,000$ 100.0% -$ -$ 300,000$ 522 Wastewater Mt. Vernon Lift Station Rehab 2023 tbd Planned 700,000$ 700,000$ 100.0% -$ -$ 700,000$ 522 Wastewater Fairway Lift Station Rehab 2023 tbd Planned 300,000$ 300,000$ 100.0% -$ -$ 300,000$ 522 Wastewater Glenwood Wildwood Lift Station Rehab 2023 tbd Planned 150,000$ 150,000$ 100.0% -$ -$ 150,000$ 522 Wastewater Modernize WW Treatment Plan 2022 tbd Active 25,000,000$ 25,000,000$ 100.0% -$ 777,392$ 24,222,608$ 522 Wastewater Trenchless Tech Lining 2020 2030 Active 3,000,000$ 1,620,000$ 54.0% 646,503$ -$ 973,497$ 76,774,554$ 59,439,123$ 924,027$ 4,059,906$ 54,455,189$ DIF Fees
TOTAL
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INTERFUND LOANS
The Mitigation Fee Act requires a description of each inter-fund transfer or loan made from the account or fund, including interest rates, repayment dates, and a description of the improvement on which the transfer or loan will be expended. There are no existing loan agreements between the City’s impact fee funds, and there were no interfund transfers or loans made between impact fee funds in Fiscal Year 2021-22.
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REFUNDS
As discussed in this section 4.3 of this report, in Fiscal Year 2021/22 no such determination has been made by the City regarding sufficient funds collected to complete incomplete improvements. Therefore, no refunds were made or required. The refunding requirements for the Mitigation Fee Act are summarized as follows:
Refunds under the Mitigation Fee Act: If the City determines that sufficient funds have been collected to complete financing on incomplete improvements for which impact fee revenue is to be used, it must, within 180 days of that determination, identify an approximate date by which construction of the public improvement will be commenced (Government Code Section 66001 (e)). If the agency fails to comply with that requirement, it must refund impact fee revenue in the account according to procedures specified in Section 66001 (d).
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ITEM NO. 7
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION NUMBER R-01-23,
AMENDMENT NO. 01 FOR THE CA DEPARTMENT OF
EDUCATION CONTRACT CSPP-2408 FOR STATE PRESCHOOL
SERVICE, AND AMENDING THE BUDGET FOR THE CURRENT
FISCAL YEAR TO ACCOUNT FOR INCREASED FUNDING,
RESOLUTION NO. R-01-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Adopt Resolution R -01-23, approving Amendment No. 01 for California Department of Education (CDE) Contract CSPP -2408 for the provision of a Part -Day Preschool Program in the Early Care and Education Division of the Community Servic es Department for Fiscal Year 2022-2023 and
2. Amend the budget for the current fiscal year to account for increased funding.
BACKGROUND
The City of Colton’s Early Care and Education Division, State Preschool Program is funded by a Contract from the Stat e of California, Department of Education (CDE). This Contract is ongoing, but must be renewed each fiscal year via the Continued Funding Application. As Executive Director of the Program, the City Manager is the designated authority to sign the Continued Funding Application (CFA).
ISSUES/ANALYSIS
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Staff Report to the Mayor and City Council
Contract Amendment - CA Dept. of Education CSPP Contract 2408 January 17, 2023
For Fiscal Year 2022 -2023, State Contract CSPP -2408 for $626,019 was previously awarded to the ECE Division via the FY 22 -23 CFA. It enables services available for 124 preschool children for families at multiple locations including Rogers Elementary, Wilson Elementary, and Cooley Ranch Elementary schools.
The CA Department of Education has now authorized Amendment 01 for Contract CSPP -2408, which increases the contract by $321,073, for a new contract total of $947,092.
Due to dramatic increases in the rate the State pays for 3 year olds, English Language Learners, Special Needs, and Severely Handicapped children, it is believed no extra children will be served.
FISCAL IMPACTS
This Program utilizes the C hildcare Fund 206 to receipt revenues and expend funds. Revenues from the Contract are receipted in Childcare Fund Revenue line item 206 -5776-000, and are expended from expenditure account group 206-7200-7203.
Adoption of Resolution R-01-23 amends the FY2022-23 budget to account for Amendment 01by increasing revenues and appropriations in Fund 206 in the following accounts:
Revenue:
206-5776-000 Increase by $321,079
Appropriations:
206-7200-7203-1040-0000-000 Salaries-Part Time, increase by $25,000 206-7200-7203-2301-0000-000 Operating Supplies, increase by $15,000 206-7200-7203-2304-0000-000 Instructional Supplies, increase by $31,079 206-7200-7203-2350-0000-000 Professional Services, increase by $50,000 206-7200-7203-3890-0000-000 Capital Improvement, increase by $200,000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-1-23 Amendment 01 State Preschool Program
2. CSPP 2408 Amendment 01
3. CDE Email-new rate confirmation
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RESOLUTION NO. R-01-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COL TON
APPROVING THE CALIFORNIA DEPARTMENT OF EDUCATION
AMENDMENT 01 OF CONTRACT CSPP-2408 FOR THE PROVISION OF A STATE
PRESCHOOL PROGRAM IN THE EARLY CHILDHOOD EDUCATION DIVISION
OF THE COMMUNITY SERVICES DEPARTMENT AND AMENDING THE FY 2022-2023 BUDGET ACCORDINGLY.
WHEREAS, City Council previously accepted the State of California Department of Education (CDE) State Preschool Program Contract CSPP – 2408 in the amount of $626,019 for fiscal year 2022-2023; and
WHEREAS, CDE offered Amendment 01 to Contract CSPP-2408 which increases the contract in the amount of $321,073 to enable the Cit y of Colton to provide a Preschool Program to local families.
WHERAS, Due to dramatic increases in the rate the State pays for 3 year olds, English Language Learners, Special Needs, and Severely Handicapped children, it is believed no extra children will be served.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves the State of California Contract CSPP – 2408 Amendment 01, for the p rovision of a Preschool Program in the Early Childhood Education Division of the Community Services Department.
Section 3: Contract CSPP – 2408, with Amendment 01 has a total budget of $947,092.
Section 4: It is necessary to amend the FY2022-23 budget to account for Amendment 01 and increase revenues and appropriations in the following accounts to match the contract:
Revenue:
206-5776-000 Increase by $321,079
Appropriations:
206-7200-7203-1040-0000-000 Salaries-Part Time, increase by $25,000 206-7200-7203-2301-0000-000 Operating Supplies, increase by $15,000 206-7200-7203-2304-0000-000 Instructional Supplies, increase by $31,079 206-7200-7203-2350-0000-000 Professional Services, increase by $50,000 206-7200-7203-3000-0000-000 Capital Improvement, increase by $200,000
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PASSED, APPROVED AND ADOPTED on this day, Tuesday, January 17th, 2023
________________________________________
FRANK J. NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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ITEM NO. 8
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE AND ADOPT A RESOLUTION ADOPTING A
CONTRACT AMENDMENT WITH DENNIS GRUBB & ASSOCIATES
FOR FIRE PLAN CHECK SERVICES AND AMEND THE FY2022-23
BUDGET TO APPROPRIATE FUNDS FOR THE CONTRACT
AMENDMENT, RESOLUTION NO. R-5-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve a contract increase of $75,000 with Dennis Grubb and Associates for the annual Fire Plan Check Services and authorize the City Manager to execute the contract amendment;
2. Adopt Resolution R-05-23 to amend the FY2022-23 Budget to increase appropriations and revenues to account for the increased contract and cost recovery for plan check fees from increased development.
BACKGROUND
Construction in Colton has continued to increase year over year.
Over time, there has been an increase in the amount of services needed fro m Dennis Grubb & Associates (DGA) due to the increase in volume of new construction and new plans submitted, and updates to our fee schedule. It should be noted that the costs of the services of DGA, and Colton Fire Department administrative costs, are no w fully recovered from applicant fees and represent no cost to the city.
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Contract Amendment - Dennis Grubb & Associates
January 17, 2023
The current contract is for $100,000. Fire is currently tracking to expend that amount by the end of January 2023.
ISSUES/ANALYSIS
Construction in the City has continued to increa se. Plan checks processed by the Fire Department for FY20/21 totaled approximately 158. In FY21/22 , approximately 228 plan checks were processed, a 44% increase over the previous fiscal year. As of December of FY22/23 the Fire Department has processed 1 71 plan checks to date. Should this upward trend continue as expected, plan checks for FY22/23 would end with 342 plan checks, an increase of 33% over the previous year.
Direct cost recovery for plan check fees has been in place since the Fire Department contracted with our plan check consultant DGA. With the completion and approval of the fee study in April 2021, the Fire Department is now also able to recover administrative costs on every plan check.
FISCAL IMPACTS
Fire is seeking an increase in the current FY22/23 contract from $100,000 to $175,000. The cost of DGA services is 100% recovered in the fees assessed for fire safety system plan reviews.
Additionally, administrative costs are also recovered on every plan check according to the fee schedule adopted April 2021. It should be noted that plan check and administrative costs are paid by the applicant directly on submittal of plans and collected in full prior to the city being invoiced by Dennis Grubb & Associates.
To increase the Dennis Grubb and Associates contract for fire plan check services, it is necessary to adopt Resolution R -05-23 to amend the FY2022 -23 budget to increase appropriations and revenues by $65,000 in the following accounts:
REVENUE
100-6767-000 General Fund New Construction Fire Plan Review – Fire increase by $65,000
APPROPRIATIONS
100-6090-6092-2350-0000-000 General Fund Fire Safety Professional Services Account increase by $65,000
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. RESOLUTION R-05-23
2. PROFESSIONAL SERVICES AGREEMENT FINAL Dennis Grubb 2022 8 Packet Pg. 176
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Contract Amendment - Dennis Grubb & Associates
January 17, 2023
3. 22-23 Signed Contract Amendment Plan Check
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RESOLUTION NO. R-05-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON AUTHORIZING THE CITY MANAGER TO EXECUTE
A CONTRACT AMENDMENT WITH DENNIS GRUBB AND
ASSOCIATES AND TO AMEND THE FY2022 -23 BUDGET TO
INCREASE REVENUE AND APPROPRIATIONS FOR PLAN
CHECK SERVICES.
WHEREAS: The Budget for Fiscal Year commencing July 1, 202 2, and ending June 30, 2023, was approved and adopted by Resolution; and
WHEREAS: The approved budget is in accordance with all applicable ordinances of the City and applicable statues of the State; and
WHEREAS: The re-allocation of appropriations between department activities may be made by the City Manager. Amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council; and
WHEREAS: The City contracts with Dennis Grubb and Associates for contract plan check services; and
WHEREAS: The Dennis Grubb and Associates contract is for a maximum of $100,000 per year. The Fire Department will exceed $100,000 this year due to increased buildin g and plan check submittals; and
WHEREAS: The Fire Department is requesting an additional $ 65,000 appropriation into Account 100-6090-6092-2350 in order to continue plan check services until June 30, 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF C OLTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Authorize the City Manager to execute a contract amendment with Dennis Grubb and Associates for a total contract amount of $175,000.
SECTION 2. Amend the FY2022-23 budget to:
Increase revenue by $65,000 in General Fund New Construction Plan Review – Fire Account Number 100-6767-000; and,
Increase appropriations by $65,000 in General Fund Fire Safety Professional
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Services Account Number 100-6090-6092-2350-0000-000.
PASSED, APPROVED AND ADOPTED this 17th day of January 2023.
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FRANK J. NAVARRO, Mayor
ATTEST:
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CAROLINA R. PADILLA, City Clerk
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CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 7th day of June, 2022 by and between the City of Colton, a municipal corporation organized under the laws of the State of California with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 (“City”) and DENNIS GRUBB AND ASSOCIATES, LLC , with its principal place of business at 12523 Limonite Ave. STE 440 -102 Mira Loma, Ca 91752 (“Consultant”). City and Consulta nt are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional services required by the Ci ty on the terms and conditions set forth in this Agreement. Consultant represents that it is experience d in providing Fire and Life Safety Plan Check and Consultation services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services fo r the Professional Plan Review Services and Consultation (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services . Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the Professional Plan Review Services and Consultation services necessary for the Project ( “Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services sha ll be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules, and regulations.
3.1.2 Term. The term of this Agreement shall b e from July 1, 2022 to June 30 2025, with the ability for the City Manager to extend for two additional one -year terms, unless
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earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Part ies may, by mutual, writ ten consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor . The Services shall be performed by Consult ant or under its supervi sion. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to p erform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all t imes be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be r esponsible for all repor ts and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers ’ compensation insurance.
3.2.2 Schedule of Services . Consultan t shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant ’s conformance with the Schedule, City shall respond to Consultant ’s submittals in a timely manner. U pon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements . All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key P ersonnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other person nel of at least equal co mpetence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel wh o fail or refuse to perf orm the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly remove d from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: LISTED ON ATTACHMENT.
3.2.5 City’s Representative . The City hereby designates Fire Chief Tim McHargue, or his or her desi gnee, to act as its representative for the performance of this
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Agreement ( “City’s Representative ”). City ’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shal l not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.2.6 Consultant’s Representative . Consultant hereby designates Dennis J.
Grubb, or his or her designee, to act as its representativ e for the performance of this Agreement (“Consultant’s Representative ”). Consultant ’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall s upervise and direct the Services, using hi s best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services . Consultant agree s to work closely with City staff in the performance of Services and shall be available to City ’s staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Consu ltant shall perform all Services under thi s Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and ma intains that it is skilled in the professi onal calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant r epresents that it, its employees and subco nsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct err ors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the ad equate or timely completion of the Project , a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ( “Performance Time ”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consul tant ( “Performance Milestones ”). Consultant agrees that if the S ervices are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations ; Employee/Labor Certifications . Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, includ ing all
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Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with S ervices. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, ind emnify and hold City, its officials, directors, 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 alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By execut ing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented al iens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identit y and immigration status of each employee of the Consultant. Consultant also verifie s that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any vi olation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Depart ment of Homeland Security, by participating in an equivalent federal work authorizati on program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consu ltant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same cond itions as Consultant, Consultant shall require all of its subcontractors, consultants , sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility ; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Consultant or its subcontractors, consultants, sub-subcontractors or subconsultants to meet any of the requirements provided for in Sections
3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake
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self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment . Con sultant represents that it is an equal opportunity employer and it shall not discrimi nate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.6 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules a nd regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consul tant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fu el-powered engine. Consultant shall indemnify City against any fines or penalties im posed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or oth ers for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance . To the extent applicable, Consultant’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Qua lity Control Act (Cal Water Code §§ 13000 -14950); laws, rules and regulations of the Environmental Protection Agency, the State Water Resources Control Board and the Santa Ana Regional Water Quality Control Board; the City’s ordinances regulating discharge s of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non -compliance. Failure to comply with the laws, regulatio ns and policies described in this Section is a violation of law that may subject Consultant or City to penalties, fines, or additional regulatory requirements. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, emplo yees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Consultant’s non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
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(C) Training. In addition to any other standard of care requirements set forth in this Agreement, Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Consultant further warrants that it, its employees and subcontractors wil l receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Consultant wit h a list of training programs that meet the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required und er this Section. Failure to provide and maintain all required insurance shall be gro unds for the City to terminate this Agreement for cause.
3.2.11.2 Minimum Requirements . Consultant shall, at its expense, procure and maintain for the duration of the Agr eement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the d uration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services O ffice Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less tha n: (1) General Liability: $2,000,000 per occurrence for bodily injury, per sonal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/locatio n or the ge neral aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: N/A per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
Workers’ Compensation limits as required by the La bor Code of the State of California.
Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
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3.2.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Proj ect, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
3.2.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provi de endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, of ficials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employ ees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents , and volunteers shall be excess of the Consultant ’s insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, it s directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or f or which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant ’s scheduled underlying coverage. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant ’s insurance and shall not be called upon to contribute with it in any way.
(C) Workers’ Compensation and Employer ’s Liability
Coverage. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy r equired by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or cancel ed 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 aff ect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
3.2.11.5 Separation of Insur eds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisi ons. In
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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.
3.2.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of t he City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the Ci ty, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best ’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.8 Verification of Coverage . Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certi ficates 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 appro ved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Consultant shall report to the City, in addition to Consultant ’s insur er, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.2.12 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Se rvices, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and re gulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the cond itions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space proced ures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required t o prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.13 Accounting Records . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurr ed under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursua nt to this Agreement. Consultant shall allow inspection of all work,
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data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under th is Agreement at the rates set forth in Exhibit ”C” attached hereto and incorporated herein by reference. The total compensation shall not exceed ($100,000) without written approval of City Manager. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and m anner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Service s and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within 45 days of receivi ng such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work . At any time during the term of thi s Agreement, City may request that Consultant perfo rm Extra Work. As used herein, “Extra Work ” means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would b e necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative.
3.3.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600 0, et seq., ( “Prevailing Wage Laws ”), which require the payment of prevailing wage rates and the performance of other requirements on “public wo rks” and “maintenance” projects. “IF” the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and “IF” the total compensation is $1,000 or more , Consultant agrees to fully c omply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each cra ft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant ’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving
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written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days befor e the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Co nsultant may not terminate thi s Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated i n whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5 Ownership of Materials and Confidentiality.
3.5.1 Documents & Data; Licensing of Intellec tual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specification s, studies, drawings, estimate s, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( “Documents & Data ”). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within th irty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City rese rves the right to select the m ethod of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount o f compensation to which the Co nsultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upo n the payment of actual reason able duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.5.2 Subconsultants. Consultant sha ll require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right t o license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design
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professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.5.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City ’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant s hall be responsible and liable for its Documents & Data , pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be respo nsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.5.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.5.5 Confidentiality. All Documents & D ata, either created by or provided to Consultant in connection with the performance of this Agreement, shall be held confidential by Consultant. All Documents & Data shall not, without the prior written consent of City, be us ed or reproduced by Consultant for any purposes other than the performance of the Services.
Consultant shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Service s or the Project. Nothing furnished to Consultant that is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6 General Provisions.
3.6.1 Delivery of Noti ces. 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:
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Consultant:
DENNIS GRUBB & ASSOCIATES, LLC
12523 LIMONITE AVE., STE 440-102
MIRA LOMA, CA 91752
City:
City of Colton
650 North La Cadena Drive
Colton, California 92324
Attn: Tim McHargue, Fire Chief
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.2 Indemnification.
3.6.2.1 Scope o f I ndemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, ex penses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Consultant, its officials, offic ers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys f ees and other related costs and expenses.
Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
3.6.2.2 Additional Indemnity Obligations . Consultant shall defend, with Counsel of City's choosing and at Consultant’s own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents.
Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding . Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert wit ness fees. Consultant shall reimburse
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City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provide d. Consultant’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.
3.6.3 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consulta nt. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.4 Time of Es sence. Time is of the essence for each and every provision of this Agreement.
3.6.5 City’s Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.6 Successors and Assigns . This Agreement s hall be binding on the successors and assigns of the parties.
3.6.7 Assignment or Transfer . Consultant shall not assign, hypothecate or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.8 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, da ys or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. Al l references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.
3.6.9 Amendment; Modification . No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
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3.6.10 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 a ny contractual rights by custom, estoppel or otherwise.
3.6.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.6.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.12 Invalidity; Se verability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.13 Prohibited Interests . Consultant maintain s and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has i t agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Cons ultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City ’s Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty , City shall have th e 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.
3.6.14 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.15 Attorney’s 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 shal l be entitled to have and recover from the losing party reasonable attorney’s fees and all other costs of such action.
3.6.16 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.17 Counterparts. This Agreement ma y be signed in count erparts, each of which shall constitute an original.
3.6.18 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.
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[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND DENNIS GRUBB AND ASSOCIATES, LLC
IN WITNESS WHEREOF, the Parties have ent ered into this Agreement as of the 1st day of July, 2022.
CITY OF COLTON
By: _________________________
William R. Smith Date
City Manager
Attest: _________________________
Carolina Padilla Date
City Clerk
DENNIS GRUBB AND ASSOCIATES, LLC
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
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EXHIBIT “A”
SCOPE OF SERVICES
PLAN CHECK:
Plan check services will be for all plan types submitted. All plan check fees will include the initial submittal and up to 2 additional resubmittals. All plan checks extending past the third plan check will be charged an additional plan check fee. Consultant will, at no cost, handle all transportation of plans to and from the City of Colton. Plan check correction notices will be submitted to the Office of the Fire Marshal at [email protected]
Expedited plan checks may be invoiced by consultant or with applicant paying directly to consultant.
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EXHIBIT “B”
SCHEDULE OF SERVICES
WORK TO BE PERFORMED AND DUE DATES
Plan review times are for all plan reviews.
Initial plan review turn-around time is up to ten (10) city business days.
Subsequent plan reviews have a turn-around time of up to five (5) city business days.
Expedited plan reviews will be less than five (5) city business days.
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Attachment: 22-23 Signed Contract Amendment Plan Check (3891 : Contract Amendment - Dennis Grubb & Associates)
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Attachment: 22-23 Signed Contract Amendment Plan Check (3891 : Contract Amendment - Dennis Grubb & Associates)
ITEM NO. 9
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTION R-03-23, FOR
DEPARTMENT OF SOCIAL SERVICES AMENDMENT 01 TO
CONTRACT CCTR - 2201 FOR SCHOOL AGE PROGRAM
SERVICES IN THE COMMUNITY SERVICES DEPARTMENT,
FISCAL YEAR 20-21, RESOLUTION NO. R-03-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve and Adopt Resolution R-03-23, approve the CA Dept. of Social Services, Contract CCTR-2201 Amendment 01 for the provision of the School Age Program services in the Early Childhood Education Division of the Community Services Department for Fiscal Year 2022-23
2. Amend FY 2022-2023 Budget to recognize increased contract amount.
BACKGROUND
The City of Colton , Early Care and Education Division operates a School Age Program (SAP) for young children in grades TK thru 6th grade. The SAP is primarily funded by a contract from the CA Department of Social Services (CDSS). Some additional funds come via Full-Fees and Family Fees for Subsidized Families. This Contract is ongoing; however, per CD SS guidelines, the contract requires annual renewal through the Continued Funding Application.
ISSUES/ANALYSIS
9 Packet Pg. 203
Staff Report to the Mayor and City Council
Contract Amendment - CA Dept. of Social Services - CCTR 2201 January 17, 2023
For FY22-23 the Early Care and Education Division submitted a budget with the CDSS Contract CCTR-2201 in the amount of $284,644. The actual Contract amount that was received after budget submittal was in the amount of $267,680, which was $16,964 less in revenue.
For F iscal Year 2022-23, CDSS is amending the Contract CCTR-2201 for SAP services via Amendment 01. CDSS is adding $47,449 to Contract CCTR 2201, with the original amount of $267,680, with a total of $315,12 8. This Amendment occurred as the result of statuary changes with higher reimbursement rates for children served, no additional children will require services.
This Program utilizes the Childcare Fund 206 to receipt revenues and expend funds. Revenues from the Contract are receipted in Childcare Fund Revenue line item 206 -5777-000, and are expended from expenditure account group 206-7200-7202.
FISCAL IMPACTS
It is necessary to amend the Childcare Fund FY2022 -23 budget to match the revised contract amount with the City’s budget. Resolution R-03-23 amends the FY20 22-23 budget to increase revenues and appropriations in the following accounts:
Revenue
206-5777-000, General Child Care - CCTR, shall be increased by $30,485
Appropriations
206-7200-7202-2304-0000-000, Instructional Materials shall be increased by $47,449. 206-7200-7202-1040-0000-000, Salaries – Part time shall be reduced by -$16,964.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. CCTR-2201-01
2. R-03-23 CA Dept. of Social Services - CCTR 2201-01
9 Packet Pg. 204
LOCAL AGREEMENT FOR CHILD DEVELOPMENT SERVICES
CONTRACTOR'S NAME:
DATE:
CONTRACT NUMBER:
PROGRAM TYPE:
PROJECT NUMBER:
CITY OF COLTON
CCTR-2201
36-2176-00-2
STATE OF CALIFORNIA
F.Y.
July 01, 2022
GENERAL CHILD CARE &
DEV PROGRAMS
22 - 23
This agreement with the State of California dated July 01, 2022 designated as number CCTR-2201 shall be amended in the following particulars but no others:
The Maximum Reimbursable Amount (MRA) payable pursuant to the provisions of this agreement shall be amended by deleting reference to $267,680.00 and inserting $315,129.08 in place thereof.
Effective January 1, 2022, the service county reimbursement rate as provided in CCB 21-26E, 60 is applicable to the sites, as located in the service counties, approved by the Child Care Development Division and indicated in the Child Development Management Information System (CDMIS).
SERVICE REQUIREMENTS
Minimum Days of Operation (MDO) Requirement shall be 246. (No change)
EXCEPT AS AMENDED HEREIN all terms and conditions of the original agreement shall remain unchanged and in full force and effect.
Amendment 01
Budget Act
STATE AGENCY: CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
ALLOCATION LETTER
$
$
AMOUNT ENCUMBERED BY THIS
DOCUMENT
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
TOTAL AMOUNT ENCUMBERED TO
DATE
STATUTE FISCAL YEARCHAPTER
OBJECT OF EXPENDITURE (CODE AND TITLE)
ITEM
(OPTIONAL USE)
FUND TITLEPROGRAM/CATEGORY (CODE AND TITLE)
706
See Attached
47,449
Child Development Programs
315,129
See Attached
$
267,680
IMPORTANT: Signature not required
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Attachment: CCTR-2201-01 (3893 : Contract Amendment - CA Dept. of Social Services - CCTR 2201) CONTRACTOR'S NAME:
CONTRACT NUMBER:
CITY OF COLTON
CCTR-2201 Amendment 01
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 0
61,102
Federal
0656 FC# 93.596 PC# 000321
13609-2176
30.10.020.001
5180-101-0890 B/A 2022 2022-2023
706 SACS: Res-5025 Rev-8290
61,102
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 0
28,088
Federal
0656 FC# 93.575 PC# 000324
15136-2176
30.10.020.001
5180-101-0890 B/A 2022 2022-2023
706 SACS: Res-5025 Rev-8290
28,088
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 17,551
196,041
General
0656
23254-2176
30.10.020.001
5180-101-0001 B/A 2022 2022-2023
706 SACS: Res-6105 Rev-8590
178,490
AMOUNT ENCUMBERED BY THIS DOCUMENT
$
PRIOR AMOUNT ENCUMBERED
$
TOTAL AMOUNT ENCUMBERED TO DATE
$
PROGRAM/CATEGORY (CODE AND TITLE)
(OPTIONAL USE)
ITEM
OBJECT OF EXPENDITURE (CODE AND TITLE)
FUND TITLE
CHAPTER STATUTE FISCAL YEAR
Child Development Programs 29,898
29,898
Federal
0156 FC# 93.575 PC# 000000
15554-2176
30.10.020
5180-101-0890 B/A 2022 2022-2023
706 SACS: Res-5161 Rev-8290
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Attachment: CCTR-2201-01 (3893 : Contract Amendment - CA Dept. of Social Services - CCTR 2201)
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RESOLUTION NO. R-03-23
A RESOLUTION OF THE CITY COUNCIL OF APPROVING AMENDMENT 01 TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES CONTRACT CCTR-2201
FOR THE PROVISION OF SCHOOL AGE PROGRAM SERVICES IN EARLY CARE
AND EDUCATION DIVISION OF THE COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2022-2023 AND AMENDING THE FY2022 -23 BUDGET TO
MATCH THE CONTRACT AMENDMENT
WHEREAS, City Council previously accepted the California Department of Social Services (CDSS) School Age Program Contract CCTR– 2201 in the amount of $284,644 for fiscal year 2022-2023; and
WHEREAS, the FY 22 -23 CDSS Contract CCTR -2201 received after the budget submission for the City of Colton came with revenue amount $267,680, which is $16,964 less than approved by Council.
WHEREAS, CDSS offered Amendment 01 to Contract CCTR-2201 in the amount of $47,449 to enable the City of Colton to provide Before, After, and All-Day Program to local families in the grades of TK thru 6th.
WHERAS, Due to increases in the rate the State pays for SAP Children, English Language Learners, Special Needs, and Severely Handicapped children, it is believed no extra children will be served.
NOW, THEREFORE , the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves the State of California Contract CCTR – 2201 Amendment 01, for the p rovision of a School Age Program in the Early C are and Education Division of the Community Services Department.
Section 3: Contract CCTR – 2201, with Amendment 01 has a total budget of $315,129.
Section 4: Amend the adopted FY2022-23 Budget as follows to align the amended contract amount with the City budget:
Increase General Childcare CCTR Revenue Account 206-5777-000 by $30,485. Increase appropriations in Childcare Instructional Supplies Account No. 206-7200-7202- 2304-0000-000 by $47,449
Decrease appropriations in Childcare Salaries – Part-time Account No. 206-7200-7202-1040- 0000-000 by $16,964
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Attachment: R-03-23 CA Dept. of Social Services - CCTR 2201-01 (3893 : Contract Amendment - CA Dept. of Social Services - CCTR 2201)
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PASSED, APPROVED AND ADOPTED this 17th day of January, 2023.
________________________________________
FRANK J, NAVARRO, Mayor
ATTEST:
CAROLINA R. PADILLA, City Clerk
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ITEM NO. 10
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT R-02-23, A RESOLUTION ADOPTING THE CA DEPARTMENT OF SOCIAL SERVICES FY 23-24 CONTINUED
FUNDING APPLICATION FOR THE EARLY CARE AND
EDUCATION DIVISION, RESOLUTION NO. R-02-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and Adopt Resolution R -02-23, the CA Department of Social Services Continued Funding Application, FY 23-24, for the Early Care and Education Division.
BACKGROUND
The City of Colton, Early Care and Education Di vision has two main components, the School Age Program (CCTR) and the State Preschool Program (CSPP).
The CCTR is funded by the California Department of Social Services ( CDSS) for children in grades TK thru 6th, using the CDSS CCTR Contract to provide services for before, after, and all- day care on CJUSD closure days. This Program operates 246 days a year. The CSPP is funded by the California Department of Education (CDE) for younger children, ages 3 to 5 years . The CSPP operates 180 days a year, part-time, with the desired result of preparing young children for elementary school, both in the classroom and the playground. As Executive Director of the Program, the City Manager is the designated authority to sign the State contract.
Each Fiscal Year the City must submit the “Continued Funding Application” (CFA) to both CDE and CDSS, to renew the aforementioned Contracts. In previous years, City Council (ECE Board of Directors) Approval and Resolution were not required as a part of the CFA Packet. The 10 Packet Pg. 209
Staff Report to the Mayor and City Council
Continued Funding Application - CA Dept of Social Services January 17, 2023
signatory authority previously granted to the City Manager, who is th e Execut ive Director of program, remains the same.
ISSUES/ANALYSIS
In FY 2023-24, the CFA requirements changed, and now Council Approval and a Resolution are required with the CFA submission , which is handled electronically . Additionally, similar to FY 22-23, CCTR contractors who apply for and are approved for Continued F unding will not need to sign and return a C CTR contract to provide services for FY 202 3–2024. CCTR contractors who apply for and are approved for Continued F unding through the CFA pro cess will be automatically renewed in accordance with all applicable federal and state laws, as well as all CCTR Funding Terms and Conditions and Program Requirements that will be incorporated into the FY 2023–24 CSPP contract.
FISCAL IMPACTS
This is an administrative compliance action with no direct fiscal impact.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-02-23 CFA-CDSS ECE PROGRAM
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RESOLUTION NO. R-02-23
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE SUBMISSION
OF THE CA DEPARTMENT OF SOCIAL SERVICES -CONITUED FUNDING
APPLICATION (CD SS-CFA) FOR THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY SERVICES DEPARTMENT FOR FY 23-24.
WHEREAS, the City of Colton , Early C are and Education Division of the Co mmunity Services Department holds one (1) California Department of Education (CDE) Contract for State Preschool (CSPP Contract) , and one (1) California Department of Social Services (CDSS) Contract for General Child Care for School Aged Children (CCTR Contract), thus considered a CDE and CDSS Funded Agency.
WHEREAS, The ECE Division submits the “Continued Funding Application” (CFA) every Fiscal Year to CDSS, to renew the aforementioned CCTR Contract. In all previous years, Board Approval and a Resolution were not a requirement, nor part of the CFA Packet. The signatory authority previously granted to the City Manager, who is the Exe cutive Director of ECE, was sufficient.
WHEREAS, In FY 23-24 the CFA requirements changed, and now Board Approval and a Resolution are required with the CFA submission.
WHEREAS, similar to FY 22 -23, CCTR contractors who apply for and are approved for Continued Funding will not need to sign and return a CCTR contract to provide services for FY 2023-24. CCTR contractors who apply for and are approved for Continued Funding through the CFA process will be automatically renewed in accordance with a ll applicable federal and state laws, as well as all CCTR Funding Terms and Conditions and Program Requirements that will be incorporated into the FY 2023–24 CCTR contract.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this Resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves the City Manager to sign the CA Department of Social Services-Continued Funding Application for FY 23-24.
PASSED, APPROVED AND ADOPTED THE 17TH DAY OF JANUARY 2023.
________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
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Attachment: R-02-23 CFA-CDSS ECE PROGRAM (3895 : Continued Funding Application - CA Dept of Social Services)
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CAROLINA R. PADILLA
City Clerk
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Attachment: R-02-23 CFA-CDSS ECE PROGRAM (3895 : Continued Funding Application - CA Dept of Social Services)
ITEM NO. 11
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION ACCEPTING EXTENSION
FOR STATEWIDE PARK SPECIFIED LOCAL GRANT FUNDS FOR
THE CITY OF COLTON PLAYGROUND AND COLTON AREA
MUSEUM IMPROVEMENTS AND AMEND THE FY 2022-2023
BUDGET TO ADJUST GRANT FUNDS, RESOLUTION NO. R-06-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve and Adopt Resolution R -06-23 to approve the extension for Statewide Park Specified Local Grant funds;
2. Amend the Fiscal Year 2022-2023 budget to reflect the receipt of funding and allocate as detailed in this report;
3. Authorize the City Manager to sign the applicable documents on behalf of the City to execute the grant.
BACKGROUND
On June 17, 2019, Assembly Member Eloise Gómez Reyes secured $500,000 to support the playground improvements for three parks in Colton and $900,000 f or the Colton Area Museum, within the State Budget through Local Assistance Grant Funds. The Specified Local Assistance Grant Funds are administered by the California State Department of Parks and Recreation (DPR).
The grants required that the City of Co lton adopt a resolution approving application(s) for Local Assistance Specified Grant funds, which was approved by City Council on 10/24/2019. The 11 Packet Pg. 213
Staff Report to the Mayor and City Council
Grant Extension - CA State Parks & Recreation
January 17, 2023
resolution and corresponding contract confirmed the City agreement with the terms of the grant agreements; ha d funding to complete, operate, and maintain the projects associated with the grant agreements; and designated a position or positions to act on behalf of the City on all grant - related matters.
ISSUES/ANALYSIS
Contracts for both project were fully execu ted in March 2020 at 5% less than originally noticed for consideration of Administrative costs at the State level, the reduced amounts are 1) $873,000 for the Museum and 2) $485,000 for the Playground. The Contract Performance Period was established as July 1, 2019 through June 30, 2022.
Due to many factors, including COVID -19 closure, supply chain demands the projects were unable to be completed in the original timeline. In January 2022, City staff submitted requests to the State DPR for contract extensions. On December 6, 2022, notification was received that the contracts have been extended through June 30, 2024.
At this time, approximately 50% of the Museum funds have been expended and work is set to begin in Summer 2023 for the playground projec ts. Staff recommends the City Council approve the extended timeline, authorize the City Manager to sign the applicable documents on behalf of the City to execute the extensions , and amend the FY 22/23 budget to reflect the amended contract amounts.
FISCAL IMPACTS
There is no fiscal impact for adopting the authorizing resolution itself. However, ultimately the City will be required to have or make available sufficient funds to advance the cost of the projects and to maintain any improvements made with grant monies. The grant funding is reimbursable to the City for allowable expenditures in accordance with the grant documentation and guidelines.
It is necessary to amend the FY22-23 budget to decrease revenue and expenditure appropriations in the amounts below:
REVENUE
225-5841-020 Colton Area Museum $900,000 reduce to $873,000 225-5842-020 Park Playgrounds $500,000 reduce to $485,000
EXPENDITURE
Colton Area Museum 225-6200-6222-4930 Miscellaneous Equipment $328,831.68 Reduce to $301,831.68
Playground Improvements
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Staff Report to the Mayor and City Council
Grant Extension - CA State Parks & Recreation
January 17, 2023
225-6200-6223-2350 Professional Services $150,000
Reduce to $135,000
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-06-23 State Grant Extensions - Playground & Museum Improvements
2. Museum Fully Exec Contract C5052019
3. Playground Fully Exec Contract C5052021
4. Colton.Extension Requests 13JAN2022
5. NEW Museum C5053091_SG36005-ColtonC2
6. NEW Playground C5053093_SG36007-ColtonC2
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RESOLUTION NO. R-06-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON APPROVING
THE EXTENDED CONTRACT FOR SPECIFIED GRANT FUNDS AND AMEND THE FY 2022-2023 BUDGET TO ACCEPT UPDATED GRANT FUNDING.
WHEREAS, On June 17, 2019, Assembly Member Eloise Gómez Reyes secured $500,000 to support the playground improvements for three parks in Colton and $900,000 for the Colton Area Museum, within the State Budget through Local Assistance Grant Funds. The Specified Local Assistance Grant Funds are administered by the California State Department of Parks and Recreation (DPR); and
WHEREAS, The grants required that the City of Colton adopt a resolution approving application(s) for Local Assistance Specified Grant funds, which was approved by City Council on 10/24/2019; and
WHEREAS, Contracts for both project were fully executed in March 2020 at 5% less than originally noticed for consideration of Administrative costs at the State level, the reduced amounts are 1) $873,000 for the Museum and 2) $485,000 for the Playground. The Contract Performance Period was established as July 1, 2019 through June 30, 2022; and
WHEREAS, Due to many factors, including COVID-19 closure, supply chain demands the projects were unable to be completed in the original timeline. In January 2022, City staff submitted requests to the State DPR for contract extensions. On December 6, 2022, notification was received that the contracts have been extended through June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
Section 1
1. Approves the extended contract dates, amount and terms.
2. Delegates the authority to the City Manager , or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
3. Agrees to comply with all applicable federal, state and local laws, ordinances, rule s, regulations and guidelines.
Section 2: To amend the FY 22/23 budget to reduce revenue and appropriations in the amounts below:
REVENUE
225-5841-020 Colton Area Museum $900,000 reduce to $873,000 225-5842-020 Park Playgrounds $500,000 reduce to $485,000
EXPENDITURE
Colton Area Museum
225-6200-6222-4930 Miscellaneous Equipment $328,831.68
Reduce to $301,831.68
Playground Improvements
225-6200-6223-2350 Professional Services $150,000
Reduce to $135,000
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Attachment: R-06-23 State Grant Extensions - Playground & Museum Improvements (3908 : Grant Extension - CA State Parks & Recreation)
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PASSED, APPROVED AND ADOPTED THIS 17TH DAY OF JANUARY 2023.
________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
CAROLINA R. PADILLA
City Clerk
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Attachment: R-06-23 State Grant Extensions - Playground & Museum Improvements (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Museum Fully Exec Contract C5052019 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Playground Fully Exec Contract C5052021 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Colton.Extension Requests 13JAN2022 (3908 : Grant Extension - CA State Parks & Recreation)
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Attachment: Colton.Extension Requests 13JAN2022 (3908 : Grant Extension - CA State Parks & Recreation) State of California - Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
General Fund
Specified Grants
PROJECT NO.
GRANTEE
Total State grant amount not to exceed
GRANTEE
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
Signature of Authorized Representative
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Colton
July 01, 2019 through June 30, 2024
2022/23
C5053091
3790-101-0001(1)2(s) 23
City of Colton
$873,000.00
General Fund
37900091 5432000-5432000000
$873,000.00
City Manager
0000012588
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
19 AMENDMENT NO
$873,000.00
Address
ACTIVITY CODE
60045
CONTRACT PERFORMANCE PERIOD is from July 01, 2019 through June 30, 2024 SG-36-005
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Colton (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$873,000___, subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number – 3790-101-0001(1)2(s) (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2019_ to _June 30, 2024_.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.
6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.
7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 2 8. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
9. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for Colton Museum Renovation Specified Grant.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 3 D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the GRANT PERFORMANCE PERIOD, whichever is earlier.
2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 4 MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 5 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.
4. The GRANTEE shall use a generally accepted accounting system.
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 6 I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain, and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this CONTRACT only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this CONTRACT and only with the prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this CONTRACT.
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 7 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the GRANT PROJECT.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 8 O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
_City of Colton____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 9 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
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Attachment: NEW Museum C5053091_SG36005-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) State of California - Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
General Fund
Specified Grants
PROJECT NO.
GRANTEE
Total State grant amount not to exceed
GRANTEE
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
Signature of Authorized Representative
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Colton
July 01, 2019 through June 30, 2024
2022/23
C5053093
3790-101-0001(1)2(u) 23
City of Colton
$485,000.00
General Fund
37900091 5432000-5432000000
$485,000.00
City Manager
0000012588
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
19 AMENDMENT NO
$485,000.00
Address
ACTIVITY CODE
60045
CONTRACT PERFORMANCE PERIOD is from July 01, 2019 through June 30, 2024 SG-36-007
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Colton (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$485,000___, subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number – 3790-101-0001(1)2(u) (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2019_ to _June 30, 2024_.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this AGREEMENT.
6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.
7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 2 8. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
9. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for Playground Improvements Specified Grant.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 3 D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the GRANT PERFORMANCE PERIOD, whichever is earlier.
2. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this contract may be rescinded, modified or amended only by mutual CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 4 MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2, of this CONTRACT
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 5 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount, source and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT, and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.
4. The GRANTEE shall use a generally accepted accounting system.
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 6 I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain, and retain full control of the property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use the property acquired or developed with grant funds under this CONTRACT only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. The property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this CONTRACT and only with the prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan or mitigation, without the prior written approval of the STATE, provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. Any such permission that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5. All real property (including any portion or interest in it, including any leases), or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of grant monies received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this CONTRACT.
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 7 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE.
The STATE’S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the GRANT PROJECT.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 8 O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
_City of Colton____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation) 9 STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
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Attachment: NEW Playground C5053093_SG36007-ColtonC2 (3908 : Grant Extension - CA State Parks & Recreation)
ITEM NO. 12
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF COLTON, DELEGATING TO THE CITY
TREASURER THE AUTHORITY TO INVEST AND REINVEST
FUNDS FOR THE CITY AND TO SELL OR EXCHANGE
SECURITIES, RESOLUTION NO. R-7-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
The City Council delegate the investment authority to the City Treasurer.
BACKGROUND
The California Government Code, section 53607, allows the City Council to delegate the authority to invest funds of the City to the Treasurer for a one year period. This authority is valid for one year or until revoked
ISSUES/ANALYSIS
With the delegation of investment authority, the Treasurer assumes full responsibility for the planning, strategy and execution of investment for City pooled funds and bond proceeds. The Deputy Treasurer/Finance Director provides backup in the absence of the Treasurer to insure a smooth operation and checks and balances.
FISCAL IMPACTS
None
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Staff Report to the Mayor and City Council
Investment Policy
January 17, 2023
ALTERNATIVES
1. Provide alternative direction to the City Treasurer.
ATTACHMENT
1. Reso Inv delegation 2023_ R-7-23
2. invest policy 1-21-2023
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1 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-7-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
DELEGATING TO THE CITY TREASURER THE AUTHORITY TO
INVEST AND REINVEST FUNDS FOR THE CITY AND TO SELL OR
EXCHANGE SECURITIES
THE CITY COUNCIL OF THE CITY OF COLTON RESOLVES AS FOLLOWS:
Pursuant to the Government Code Section 53607, authority to invest and reinvest funds of the City and to sell or exchange securities so purchased is delegated by the City Council to the City Treasurer, or in the Treasurer’s absence the Finance Director or in the absence of the Finance Director the Finance Manager.
PASSED, APPROVED and ADOPTED this 17th day of January, 2023.
______________________________
Frank J. Navarro
Mayor
ATTEST:
____________________________
Carolina R. Padilla
City Clerk
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Attachment: Reso Inv delegation 2023_ R-7-23 (3911 : Investment Policy)
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Attachment: invest policy 1-21-2023 (3911 : Investment Policy)
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Attachment: invest policy 1-21-2023 (3911 : Investment Policy)
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Attachment: invest policy 1-21-2023 (3911 : Investment Policy)
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Attachment: invest policy 1-21-2023 (3911 : Investment Policy)
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Attachment: invest policy 1-21-2023 (3911 : Investment Policy)
ITEM NO. 13
STAFF REPORT
DATE: JANUARY 17, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE THE C STREET/UPRR UNDERPASS AS THE THIRD LOCATION FOR THE COLTON MURAL PROJECT; AUTHORIZE
THE RECORDATION OF A NOTICE OF COMPLETION FOR THE LA
CADENA DRIVE/I-10 UNDERPASS MURAL PROJECT AND THE
9TH STREET/I-10 UNDERPASS MURAL PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the C Street/Union Pacific Railroad (UPRR) Underpass as the third location for the Colton Mural Project.
2. Authorize the execution and recordation of a Notice of Completion for the completed murals at La Cadena Drive /I-10 Underpass Mural Project and the 9th Street/I -10 Underpass Mural Project.
3. Approve Second Amendment to the Professional Agreement with the Mural Artist and authorize the City Manager to execute the agreement
BACKGROUND
As part of the Colton Crossing Project, the City received funding from Union Pacific Railroad Company (UPRR) to paint and install murals along the walls of La Cadena Drive under the railroad and the I -10 freeway bridges. Community murals are designed to enhance communities wishing to c elebrate local heritage, build pride and attract visitors. The proposed mural is anticipated to bring many benefits, including:
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Staff Report to the Mayor and City Council
Mural Projects
January 17, 2023