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
Deputy City Clerk Stephanie M. Vargas
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, AUGUST 6, 2024 – 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 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 a 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.
Please state your name and your City of Residence before providing your comment.
A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant Exposure to Litigation
Pursuant to Government Code Section 54956.9(d)(2)/(e)(1) One (1) Potential Case
2 B. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Erik Reynolds vs. City of Colton
C. CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group
Executive Employees Group
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 adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining perm ission 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 Peter Tasaka - The Vineyard Church
FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Proclamation - Leonard Sigdestad DVM - Retirement from Loma Linda Animal Hospital
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
MAYOR AND COUNCIL DISCUSSION ITEMS
PUBLIC HEARINGS
There are no Public Hearing items.
BUSINESS ITEMS
There are no Business items.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comme nts 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 a 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.
Please state your name and your City of Residence before providing your comment.
4 CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on July 16, 2024, on File in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(2) Warrants - Approve US Bank voucher dated 06/26/2024 and totaling $60,872.64; voucher numbers 213246 to 213323 dated 06/25/2024 and totaling $86,182.35; voucher number 213327 dated 06/26 /2024 for $9,772.00; voucher numbers 213324 to 213447 dated 06/27/2024 and totaling $1,309,952.72; replacement check number 213448 for $9,100.00; vouchers numbers 213449 to 213574 dated 07/08/2024 and totaling $2,331,851.38; wires dated 07/09/24 and totaling $3,982,063.74; vouchers numbers 213575 to 213689 dated 07/11/2024 and totaling $1,449,826.35 and a payroll disbursement listing dated 06/08/2024 to 06/21/2024 and totaling $1,670,273.30.
[Staff Person: Stacey Dabbs]
(3) City Treasurer's Report - Receive and File City Treasurer's Report for May 2024. [Staff Person: Aurelio De La Torre]
(4) Agreement - American Public Power Association - Approve a Mutual Aid Agreement with the American Public Power Association (APPA).
[Staff Person: Charles Berry]
(5) Affirm Ongoing Emergency at Agua Mansa Power Plant - Affirm Ongoing Emergency at Agua Mansa Power Plant.
[Staff Person: Charles Berry]
(6) Bonds Release - APN: 0161-221-72-0000 - Approve Release of the Payment and Performance, and Maintenance Bonds for DAP-001-645 (O’Reilly Auto Parts) at 805 Colton Ave. – APN: 0161-221-72-0000. [Staff Person: Brian Dickinson]
(7) Contract Amendment - San Bernardino County Museum - Approve Contract Amendment with San Bernardino County Museum to Increase Amount by $46,000. [Staff Person: Deb Farrar]
(8) Contract Amendment - Northstar Chemical - Approve an Amendment to the Maintenance Service Agreement with Northstar Chemical, DBA Pacific Star Chemical to Provide Sodium Hypochlorite to Water and Wastewater for Fiscal Year 2023/24 and 2024/25.
[Staff Person: Brian Dickinson]
(9) Contract Award - DM Contracting, Inc. - Approve and Adopt a Resolution to Award a Contract to DM Contracting, Inc. for CDBG Colt-23-1-03K-0279 Alley Paving Project, and Approve a Resolution Amending the Capital Improvement Budget Accordingly, RESOLUTION NO. R-72-24. [Staff Person: Brian Dickinson]
(10) Contract Award - ECORP Consulting - Approve and Adopt a Contract for Environmental Services with ECorp Consulting Inc., and Corresponding Reimbursement Agreement with Applicant. [Staff Person: Heidi Duron]
(11) Contract Award - SWAG - Approve Contract Agreement with Social Work Action Group (SWAG). [Staff Person: Anthony Vega]
5 (12) Cooperative Agreement - SBCTA - Approve and Adopt a Resolution to Approve Amendment No. 1 to Second Amended and Restated Cooperative Agreement No.18-1001904-04 with the San Bernardino County Transportation Authority (SBCTA) for the I-10/ Mt. Vernon Avenue Interchange Project (Project), RESOLUTION NO. R-71-24.
[Staff Person: Brian Dickinson]
(13) Intent to Annex No. 2 into CFDs 2021-1 (Public Safety) and 2021-2 (Maintenance) - Annexation No. 2 - Adoption of Resolution of Intention to Annex into Community Facilities District No. 2021 -1 (Public Safety) and Resolution Of Intention to Annex into Community Facilities District No. 2021-2 (Maintenance Services), RESOLUTION NO. R-80-24 & R-81-24.
[Staff Person: Heidi Duron]
(14) Levy of Special Taxes in CFDs No. 2021-1 and 2021-2 for FY 24/25 - Authorization for the Annual Levy of Special Taxes Within Community Facilities District No. 2021-1 (Public Safety) and Community Facilities District No. 2021-2 (Maintenance Services), RESOLUTION NO. R-82-24 & R-83-24. [Staff Person: Heidi Duron]
(15) Measure I - CIP and CPNA - Approve and Adopt a Resolution to Approve Measure I Five Year Capital Improvement Plan and Capital Project Needs Analysis for FY 2024/2025, RESOLUTION NO. R-86-24 & R-87-
24. [Staff Person: Brian Dickinson]
(16) Notice of Completion (NOC) - FY22-23 Asphalt Paving Project - Approve the Execution and Recordation of the Notice of Completion for the FY22-23 Asphalt Paving Project. [Staff Person: Brian Dickinson]
(17) Purchase - Eventide Telephone Server - Approve the Purchase of Eventide Telephone Server for the Police Department.
[Staff Person: Anthony Vega]
(18) Purchase - FD Vehicle - Authorize the Purchase of a 2025 RAM 1500 Crew Cab 4 x 4 for the Fire Department.
[Staff Person: Ray Bruno]
(19) Quitclaim Parcels - Valley-Orange Enterprises LLC - Approve and Adopt a Resolution to Approve Quitclaim of Two (2) Excess Parcels of Land Totaling Approximately 15,608 Square Feet of Real Property Along Pepper Avenue, South of Valley Boulevard, to Valley-Orange Enterprises, LLC, a California Limited Liability Company, RESOLUTION NO. R-76-24.
[Staff Person: Brian Dickinson]
(20) Weed Abatement Program - Approve and Adopt a Resolution Approving Changes to the Weed Abatement Program to Account for Year-Round Weed Abatement, RESOLUTION NO. R-84-24. [Staff Person: Ray Bruno]
(21) Set Public Hearing - Weed Abatement - Set Public Hearing for August 20, 2024 to Consider a Resolution Adopting the Report of Costs for Weed Abatement.
[Staff Person: Ray Bruno]
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
6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoin g agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), 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 Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to ad dress under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to de corum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular 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, Colton, 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 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
7 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 raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.
MANUAL OF PROCEDURE
The City Council adopted its Manual of Procedure pursuant to Resolution No. R-41-18. Copies are available in the Office of the City Clerk.
ITEM NO. 1
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON JULY 16, 2024, ON FILE IN THE OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting Held on July 16, 2024.
BACKGROUND
Minutes for the City Council Regular Meeting Held on July 16, 2024.
FISCAL IMPACTS
None
ATTACHMENT
1. 07-16-2024 - Draft Minutes
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July 16, 2024 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
July 16, 2024
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Council Members Toro, González, Mayor Pro Tem Echevarria, and Mayor Navarro; Chastain was absent.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A, B, and C.
A. 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
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of Litigation
Pursuant to Government Code Section 54956.9(d)(4)
One (1) Potential Case
B. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Ronald Helms vs. City of Colton
C. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6 Agency Designated Representatives: Bill Smith, City Manager Employee Groups: Teamsters - General Employees
Teamsters - Mid-Manager Employee Association
International Brotherhood of Electric Workers, Local 47 - Electric Division International Brotherhood of Electric Workers, Local 47 - Water/Wastewater Division Colton Police Officers Association (CPOA)
Colton Police Management Association (CPMA)
Colton Police Dispatchers Association (CPDA)
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Colton Police Civilian Employee Association (CPCA)
Colton Firefighters Association (CFA)
Confidential Employees Group Executive
Employees Group
Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and Councilmember Chastain joi ned the meeting at 5:02 p.m.. At 6:00 p.m., the meeting reconvened with all members being present.
City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council met in Closed Session and discussed Items A, B, and C; direction was given, but there was no reportable action.
July 16, 2024
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Eric Strutz – The Door Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Commander Bernie Moyeda
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
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria, MPT
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Business Focus - Pro Nails
CM González read and presented a proclamation to business owners Tony True and Helen Hoo for their successful business operation in the City of Colton. CM González read a brief summary of Tony and Helen’s business journey and congratulated them on their accomplishment. Tony and Helen expressed their gratitude for being recognized and for the opportunity to do business in the City of Colton.
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Recognition – Employee Appreciation Ceremony
City Manager Smith and Mayor Navarro acknowledged and recognized the following City of Colton employees for their continued service to the city. Each employee was presented with a commemoration pin celebrating the number of years they have served.
25 Years
Randy Arebelo—Maintenance Crew Leader
Tom DeBellis—Battalion Chief
Carlos Esquer—PW & Utilities Inspector
Isaac Mora—Water Utility Supervisor
Vincent Tamayo—Maintenance Electrician
20 Years
Stephen Contreras—Senior Water Treatment Op
Paul Grimes—Police Corporal/Detective
Phillip Hinojos—Eng/GIS Technician
Lisa Hunt—Account Technician II
15 Years
Mario Arredondo—Collection System Supervisor
Gernaldo Olson—Water Treatment Op. II
Rick Shingleton—Wastewater Equip Mechanic II
10 Years
Anthony Alvarez—Wastewater Treatment Op I
Johnny Bower—Maintenance Worker III
Georgette Chavez—Human Resources Analyst
Anthony Corral—Water Distribution Op III
Melissa Garcia—Administrative Assistant
Steve Gonzales—Associate Planner
Adam Koahou—Police Corporal/Detective
Ruben Muro—Police Officer
Rodney Powell—Wastewater Treatment Op I
Anthony Sanchez—Maintenance Worker II
Ray Scott—Wastewater Treatment Op I
Alex Soto—Administrative Analyst II
Jess Sotto—Utilities Engineer
Felipe Vega—Police Officer
5 Years
Jacqueline Albin—Police Officer
Robert Alvarez—Police Officer
Victoria Blesch—Police Dispatcher II
Michael Brown—Senior Wastewater Treat Operator
Art Contreras—Wastewater Equipment Mech I
Wilmer Fleenor—Fire Engineer
Jose Gutierrez—Maintenance Worker II
Joe Guzman—Building Maintenance Worker II
Servando Hernandez—Fire Engineer
Michael Reyes—Maintenance Worker I
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Edgar Roldan—Human Resources Specialist
Jose Luis Sandoval—Police Officer
Alise Smith—Police Service Clerk II
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF JULY 16, 2024.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
None
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
(1) Public Hearing - LLMD I - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO
APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE DISTRICT NO. I FOR FISCAL YEAR 2024/2025, & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. I FOR FISCAL YEAR 2024/2025, RESOLUTION NO. R-66-24 & R-67-24.
The Mayor opened the Public Hearing.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Brian Dickinson, Public Works and Utility Director , presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM González/ CM Chastain to close the public hearing.
Vote: Unanimous, Motion Passes
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Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Brian Dickinson, Public Works and Utilities Director, and William R. Smith, City Manager.
Motion and Second by CM Gonzales/ MPT Echevarria to approve and adopt Resolution No. R-66-24 and R-67-
24. Vote: Unanimous, Motion Passes.
(2) Public Hearing - LLMD II - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO
APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA APPROVING THE ANNUAL ENGINEER’S REPORT FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. II FOR FISCAL YEAR 2024/2025 & APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF
COLTON, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE COLTON LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO.
II FOR FISCAL YEAR 2024/2025, RESOLUTION NO. R-68-24 & R-69-24.
The Mayor opened the Public Hearing.
The Deputy City Clerk Varg as submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
Brian Dickinson, Public Works and Utility Director, presented for Council an overview of the age nda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM Chastain/ CM Toro to close the public hearing.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Brian Dickinson, Public Works and Utilities Director
Motion and Second by CM Toro/ MPT Echevarria to approve and adopt Resolution No R-68-24 and R-69-24.
Vote: Unanimous, Motion Passes.
(3) Public Heari ng - Stormwater Fee - TIME AND PLACE FIXED TO CONSIDER A PUBLIC
HEARING TO APPROVE AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA APPROVING THE BASIC FEE FOR STORM WATER
SERVICES AND THE STORM WATER MANAGEMENT USER FEE FOR FIS CAL YEAR 2024/2025 AS PROVIDED FOR IN CHAPTER 14.01 OF THE COLTON MUNICIPAL CODE, RESOLUTION NO. R-70-24.
The Mayor opened the Public Hearing.
The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
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Staff Presentation
Brian Dickinson, Public Works and Utility Director, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Motion and Second by CM González/ CM Chastain to close the public hearing.
Vote: Unanimous, Motion Passes
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Brian Dickinson, Public Works and Utilities Director.
Motion and Second by CM González/ CM Chastain to approve and adopt Resolution No. R-70-24.
Vote: Unanimous, Motion Passes.
BUSINESS ITEMS
(1) Contract Amendment - Solid Waste Franchise Agreement - Approve Second Amendment to the Solid Waste Franchise Agreement with CR&R, Inc, RESOLUTION NO. R-74-24.
Staff Presentation
Brian Dickinson, Public Work and Utility Director, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Council Discussion
Comments were made by Mayor and Councilmembers present.
Public Comment
Mayor Navarro allowed Public Comment to be re -opened to allow two members of the public to speak even though they failed to turn their Public Comment card s in before Public Comment closed. Mayor Navarro explained to the public that no more cards would be accepted for this item and that in the future the y would need to turn in their cards before public comment closes for an item. The following community memb ers addressed the Council: June Hughes and John Stylianides.
Motion and Second by CM Chastain/ CM Toro to approve and adopt Resolution No. R-74-24 Vote: Motion Passes with CM González and Mayor Navarro voting no.
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PUBLIC COMMENT
The following community members addressed the Council: Ron Escarcega, Lydia Alva, Julia Francois, Marcos Meza, John Stylianides, Celest Carlos, and Pam Lemos.
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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 5 through 18.
City Manager, William R. Smith, requested the removal of Item #15 (Contract Award - Paso Robles Tank Inc.), from the Consent Calendar, due to some recent developments that came up that requires attention. Smith recommended approval on all other Consent Calendar items.
CM Chastain also stated that she wanted to vote no on Item # 18 (Adjustment of Water and Wastewater Rates).
CM Chastain also requested City Manager , William R. Smith , explain to the public what Item #10 is about; Smith gave a brief overview of what item #10 ( Compensation/Benefits Adjustment) entailed.
Motion and Second by CM Toro/ CM González to approve consent calendar Items 5 through 18, with the exception of Item #15 which is being pulled from the Consent Calendar.
Vote: Motion passes with CM Chastain voting no on item #18.
(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on June 18, 2024, on File in the Office of the City Clerk.
(6) Warrants - Approve US Bank voucher dated 05/22/2024 and totaling $73,852.61; voucher numbers 212736 to 212814 dated 05/29/2024 and totaling $86,613.89; voucher numbers 212815 to 212916 dated 05/30/2024 and totaling $780,326.55, wires dated 06/05/24 and totaling $2,879,968.48; vouchers numbers 212917 to 213035 dated 06/06/2024 and totaling $1,375,887.29; vouchers numbers 213036 to 213133 dated 06/13/2024 and totaling $698,363.68; vouchers numbers 213134 to 213245 dated 06/20/2024 and totaling $1,052,449.95; a payroll disbursement listing dated 05/11/2024 to 05/24/2024 totaling $1,062,229.29 and a payroll disbursement listing dated 05/25/2024 to 06/07/2024 totaling $1,171,214.82.
(7) City Treasurer's Report - Receive and File City Treasurer's Report for April 2024. (8) Agreement - Cal Fire - Approve and Adopt a Contract for Wildland Protection Agreement with Cal Fire, RESOLUTION NO. R-62-24.
(9) Resolution - MORE Grant - Approve and Adopt a Resolution to Accept a Grant from the Manufactured Housing Opportunity Revitalization (MORE) Fund Totaling $1,025,000, RESOLUTION NO. R-75-24. (10) Compensation/Benefit Adjustments - Approve Recruitment and Retention Market Adjustments for Colton Police Officers Association (CPOA), Colton Police Management Association (CPMA), and Colton Police Dispatchers Association (CPDA; and Medical Cafeteria Plan adjustments for Colton Police Officers Association (CPOA), Colton Police Management Association (CPMA), Colton Firefighters Association (CFFA), Colton Police Dispatchers Association (CPDA), Colton Police Civilian Employees Association (CPCEA), Teamsters Local 1932 - General Employees Unit (General Unit), Teamsters Local 1932 – Mid-Manager Employee Unit (MMA), International Brotherhood of Electrical Workers Local 47, Water/Wastewater Division (IBEW, Water/Wastewater) and Unrepresented Employees. To Include Seven (7) Side Letters and Three (3) Resolutions, RESOLUTION NO. R-59- 24, R-60-24, & R-61-24.
(11) Contract Amendment - Professional Labor & Employment Law Services - Approve Contract Amendment with Atkinson, Andelson, Loya, Ruud & Romo (AALRR) for Professional Labor & Employment Law Services.
(12) Contract Award - Ascend Analytics LLC - Approve Consulting Agreement with Ascend Analytics LLC, for the Integrated Resource Plan (IRP).
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Attachment: 07-16-2024 - Draft Minutes (4594 : Draft Minutes 07-16-2024) July 16, 2024 Regular City Council Meeting 8 -
(13) Contract Award - First Carbon Solutions (FCS) - Approve the Award of Contract to First Carbon Solutions for the Preparation of Environment Assessment for Citywide General Plan Map and Text Amendment and Change of Zone of Certain Properties and Zoning Text Amendments for Consistency with the General Plan as Part of Implementation of the Approved 6th Cycle Colton 2021-2029 Housing Element.
(14) Contract Award - Michael Baker International (MBI) - Approve the Award of Contract to Michael Baker International for the Preparation of an Amendment to the HUB City Centre Specific Plan as Part of Implementation of the Approved 6th Cycle Colton 2021-2029 Housing Element. (15) Contract Award - Paso Robles Tank Inc. - Approve Contract Award to Paso Robles Tank Inc. for the La Loma Reservoir Project.
(16) Contract Award - San Bernardino County Innovation and Technology Department - Approve Contract Award to San Bernardino County Innovation and Technology Department for the Fire Department Radio Repair Service Contract.
(17) Emergency at Agua Mansa Power Plant - Confirm Ongoing Emergency at Agua Mansa Power Plant. (18) Adoption of Water and Wastewater Rates - Waive Full Reading, Read by Title Only and Approve Second Reading of an Ordinance Adopting Rate Increases to City of Colton Water Service Fees and Taking Other Actions Related Thereto, to be known as O-06-24 and Waive Full Reading, Read by Title Only and Approve Second Reading of an Ordinance Adopting Rate Increases to City of Colton Sewer Service Fees and Taking Other Actions Related Thereto, to be Known as O-07-24, ORDINANCE NO.
O-06-24 & O-07-24.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY TREASURER’S REPORT
The City Treasurer shared an update on the City’s investments.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 7:55 p.m. Mayor Navarro adjourned the Regular Council Meeting in memory of Bacaville Police Officer Matthew Bowen, who was killed in the line of duty on July 11, 2024 , and for Colton resident Robert M ontanes who recently passed away. The Mayor called for a moment of silence in their honor.
__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk
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Attachment: 07-16-2024 - Draft Minutes (4594 : Draft Minutes 07-16-2024)
ITEM NO. 2
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 06/26/2024 AND
TOTALING $60,872.64; VOUCHER NUMBERS 213246 TO 213323
DATED 06/25/2024 AND TOTALING $86,182.35; VOUCHER
NUMBER 213327 DATED 06/26/2024 FOR $9,772.00; VOUCHER
NUMBERS 213324 TO 213447 DATED 06/27/2024 AND TOTALING
$1,309,952.72; REPLACEMENT CHECK NUMBER 213448 FOR
$9,100.00; VOUCHERS NUMBERS 213449 TO 213574 DATED
07/08/2024 AND TOTALING $2,331,851.38; WIRES DATED 07/09/24 AND TOTALING $3,982,063.74; VOUCHERS NUMBERS 213575 TO
213689 DATED 07/11/2024 AND TOTALING $1,449,826.35 AND A PAYROLL DISBURSEMENT LISTING DATED 06/08/2024 TO
06/21/2024 AND TOTALING $1,670,273.30.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 06/26/2024 and totaling $60,872.64; voucher numbers 213246 to 213323 dated 06/25/2024 and totaling $86,182.35; voucher number 213327 dated 06/26/2024 for $9,772.00; voucher numbers 213324 to 213447 dated 06/27/2024 and totaling $1,309,952.72; replacement check number 213448 for $9,100.00; vouchers numbers 213449 to 213574 dated 07/08/2024 and totaling $2,331,851.38; wires dated 07/09/24 and totaling $3,982,063.74; vouchers numbers 213575 to 213689 dated 07/11/2024 and totaling $1,449,826.35 and a payroll disbursement listing dated 06/08/2024 to 06/21/2024 and totaling $1,670,273.30.
BACKGROUND
2 Packet Pg. 17
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
August 6, 2024
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
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. 18
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 3
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR MAY 2024.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer's Report for May 2024.
ATTACHMENT
1. Treasurer's report May 2024.xls
3 Packet Pg. 137
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ITEM NO. 4
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: APPROVE A MUTUAL AID AGREEMENT WITH THE AMERICAN PUBLIC POWER ASSOCIATION (APPA).
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended that the City of Colton Electric Utility join the American Public Power Association (APPA) Mutual Aid Agreement and authorize the City Manager or his designee to execute in the name of the City of Colton all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary for this agreement.
BACKGROUND
Just as firefighters, police offi cers, and other emergency responders combine forces to support community recovery in the wake of natural disasters, line workers and other electric utility personnel come together to restore power and keep people safe.
The American Public Power Associatio n (APPA) offers a Mutual Aid Agreement designed to assist member utilities during emergencies and disasters. This agreement allows public power utilities to support each other by providing personnel, equipment, and expertise during times of need, ensuring timely restoration of electric service to communities.
ISSUES/ANALYSIS
Emergency Preparedness and Response:
4 Packet Pg. 148
Staff Report to the Mayor and City Council
Agreement - APPA
August 6, 2024
Participation in the mutual aid agreement enhances our emergency preparedness by providing access to additional resources during emergencies such as natural disasters, severe weather events, or infrastructure failures.
The agreement facilitates quick mobilization of personnel and equipment from other member utilities, ensuring swift restoration of electric services and minimizing downtime for our customers.
Cost Efficiency:
By participating in mutual aid, we can potentially reduce costs associated with emergency response. Instead of relying solely on external contractors, we can utilize resources from fellow public power utilities at lower or no c ost beyond reimbursement for actual expenses incurred.
Enhanced Reliability and Resilience:
Collaborating with other utilities through mutual aid strengthens our overall reliability and resilience. It fosters a culture of cooperation and support among pu blic power entities, benefiting all parties involved.
Legal and Operational Considerations:
The mutual aid agreement is structured to ensure compliance with legal requirements and operational standards. It includes provisions for liability, insurance, and reimbursement, safeguarding the interests of participating utilities.
Based on the analysis presented, it is recommended that the City of Colton Electric Utility join the American Public Power Association (APPA) Mutual Aid Agreement. Participation in t his agreement will enhance our emergency preparedness and response capabilities, improve cost efficiency during emergencies, and contribute to the overall reliability and resilience of our electric utility operations.
FISCAL IMPACTS
There is no financial obligation to execute the agreement. However, should the City require mutual aid assistance, the Department Director will ensure sufficient appropriations are available for reimbursement requests. Additionally, the Department Director will ensure claims for reimbursement are submitted when mutual aid is rendered to other agencies.
ALTERNATIVES
1. Provide alternative direction to staff.
4 Packet Pg. 149
Staff Report to the Mayor and City Council
Agreement - APPA
August 6, 2024
ATTACHMENT
1. APPA-NRECA Mutual Aid Agreement
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MUTUAL AID AGREEMENT
In consideration of the mutual commitments given herein, each of the Signatories to this Mutual Aid Agreement agrees to render aid to any of the other Signatories as follows:
1.) Request for aid. The Requesting Signatory agrees to make its request in writing to the Aiding Signatory within a reasonable time after aid is needed and with reasonable specificity. The Requesting Signatory agrees to compensate the Aiding Signatory as specified in this Agreement and in other agreements that may be in effect between the Requesting and Aiding Signatories.
2.) Discretionary rendering of aid. Rendering of aid is entirely at the discretion of the Aiding Signatory.
The agreement to render aid is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving federal funds.
3.) Invoice to the Requesting Signatory. Within 90 days of the return to the home work station of all labor and equipment of the Aiding Signatory, the Aiding Signatory shall submit to the Requesting Signatory an invoice of all charges related to the aid provided pursuant to this Agreement. The invoice shall contain only charges related to the aid provided pursuant to this Agreement.
4.) Charges to the Requesting Signatory. Charges to the Requesting Signatory from the Aiding Signatory shall be as follows:
a.) Labor force. Charges for labor force shall be in accordance with the Aiding Signatory's standard practices.
b.) Equipment. Charges for equipment, such as bucket trucks, digger derricks, and other special equipment used by the Aiding Signatory, shall be at the reasonable and customary rates for such equipment in the Aiding Signatory's location.
c.) Transportation. The Aiding Signatory shall transport needed personnel and equipment by reasonable and customary means and shall charge reasonable and customary rates for such transportation.
d.) Meals, lodging and other related expenses. Charges for meals, lodging and other expenses related to the provision of aid pursuant to this Agreement shall be the reasonable and actual costs incurred by the Aiding Signatory.
5.) Counterparts. The Signatories may execute this Mutual Aid Agreement in one or more counterparts, with each counterpart being deemed an original Agreement, but with all counterparts being considered one Agreement.
6.) Execution. Each party hereto has read, agreed to and executed this Mutual Aid Agreement on the date indicated.
Date ________________________ Entity __________________________________ (name/ state) By _____________________________________ (please print) Title ____________________________________
Please send signed agreement to:
American Public Power Association
ATTN: APPA Mutual Aid Team
2451 Crystal Drive, Suite 1000 | Arlington, VA 22209-4804 E-mail: [email protected] | Fax: 202/ 467-2900
Questions about this agreement should be directed to APPA’s Engineering Services department at [email protected] or 202/467-2900.
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Attachment: APPA-NRECA Mutual Aid Agreement (4598 : Agreement - APPA)
ITEM NO. 5
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, ELECTRIC UTILITY DIRECTOR
SUBJECT: AFFIRM ONGOING EMERGENCY AT AGUA MANSA POWER
PLANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Confirm ongoing emergency condition at Agua Mansa Power Plant and authorize the City Manager or designee to execute all necessary agreements to complete repairs to the power plant and simultaneously execute all necessary agreements for a lease engine as provisioned in Colton Municipal Code section 3.08.130(A).
BACKGROUND
During a recent routine inspection, damage was discovered to the turbine at the Agua Mansa Power Plant (AMPP). While the damage is attributed to “normal wear -and-tear,” and the equipment was scheduled for normal maintenance/replacement in November of this year, this discovery presents a serious situation and potential financial exposure for the Electric Utility.
Due to this discovery, AMPP cannot be run until repairs are completed. With AMPP out of market, the Electric Utility faces significant costs for replacement energy that are estimated to be as high as $29,000,000.
ISSUES/ANALYSIS
Given the significant financial exposure to the City and the potential for catastrophic failure of AMPP, the City Manager’s Office has issued an emergency declaration and directed staff to effectuate repairs to the plant. To accomplish this, the City has invoked Colton Municip al Code
3.08.130 (A), dispatching with the Formal Bidding requirements and has executed agreements 5 Packet Pg. 152
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Affirm Ongoing Emergency at Agua Mansa Power Plant
August 6, 2024
with ProEnergy Services, LLC to overhaul the City’s gas turbine and simultaneously lease a gas turbine to bring AMPP back into market as quickly as practicable.
The engine was removed from AMPP on June 19, and transported to the repair depot in Houston, Texas. The engine remains in the repair depot and is currently being overhauled. Concurrently, a leased engine was installed with the commissioning and tes t fire having occurred the week of July 8. Upon successful completion of the install, commissioning and test fire, AMPP was temporarily placed back into market and is available for dispatch.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2024-25 adopted budget in Electric Utility Fund Agua Mansa Power Plant Capital Account Number 520-8000-8009-4930-0101-000.
ALTERNATIVES
Provide alternative direction to staff.
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ITEM NO. 6
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE RELEASE OF THE PAYMENT AND PERFORMANCE, AND MAINTENANCE BONDS FOR DAP-001-645 (O’REILLY AUTO
PARTS) AT 805 COLTON AVE. – APN: 0161-221-72-0000.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize staff to release Payment and Performance Bonds, including any riders, fo r completed improvements for DAP -001-645 (O’Reilly Auto Parts) located at 805 Colton Ave. with APN: 0161-221-72-0000.
2. Authorize Staff to release Maintenance Bonds one full year after formal City acceptance of public improvements for DAP -001-645 (O’Reilly Auto Parts) located at 805 Colton Ave. with APN: 0161-221-72-0000.
BACKGROUND
On May 04, 2020, the Development Services Director conditionally approved DAP -001-645, an Administrative Architectural & Site Plan Review and Sign Review for a new 7,417 square foot auto parts retail store (O’Reilly Auto Parts) on a 23,019 square foot vacant lot and zoned C -2 General Commercial.
The O’Reilly Auto Parts retail store is situated at 805 Colton Avenue.
Construction of the O’Reilly Auto Parts retail store is now complete, including applicable required public improvements. Final inspection was provided by the Public Works and Utility Inspector.
6 Packet Pg. 154
Staff Report to the Mayor and City Council
Bonds Release - APN: 0161-221-72-0000
August 6, 2024
ISSUES/ANALYSIS
Bond submittal as means to guarantee construction of public improvements prior to the start of construction is a standard condition of approval for development projects in accordance with City policies and the Subdivision Map Act. Such public improvements include street, sewer, and drainage improvements. The developer submitted Payment and Performance Bo nds (Exhibit A) and Maintenance Bonds (Exhibit B) for DAP-001-645 and are summarized as follows:
Government Code Section 66499(b) authorizes the City Council to release bonds if the improvements are completed. The Maintenance Bonds are required to rema in in place for a period of one (1) full year as a warranty for the constructed public improvements. The Payment and Performance Bond will be released immediately after City Council approval.
FISCAL IMPACTS
There are no fiscal impacts due to the releas e of the Payment and Performance Bonds. After Maintenance Bonds are released, funding for public improvements constructed through this project will be maintained by the streets maintenance budget.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Payment and Performance Bond
2. Exhibit B - Maintenance Bond
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Attachment: Exhibit B - Maintenance Bond (4604 : Bonds Release - APN: 0161-221-72-0000)
ITEM NO. 7
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE CONTRACT AMENDMENT WITH SAN BERNARDINO COUNTY MUSEUM TO INCREASE AMOUNT BY $46,000.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the City Manager to Execute Amendment No.1 to the Professional Services Agreement with San Bernardino County Museum for consulting services and curation of the Colton Area Museum, in the amount of $46,000.
BACKGROUND
The Colton Museum, founded in 1991, is located in the former Carnegie Library built in 1908, and currently houses a collection of historical artifacts, and presents exh ibits on the history of Colton. I t is operated by an all -volunteer Board of Directors . On June 17, 2019, Assembly Member Eloise Gómez Reyes secured $900,000 for the Colton Area Museum (CAM), 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). In October 2019, the City formally accepted the grant funds ($873,000) for improvements to the Carnegie Building, home of the Colto n Area Museum, through a lease agreement with the City. The City of Colton, Community Services Department, is managing the project on behalf of the CAM board of directors.
The San Bernardino County Museum provided the C ity of Colton with professional, c uratorial, and supervisory services for the Colton Museum from December 1, 2020 through the reopening in February 2024. The primary services offered by the County Museum, in collaboration with members of the Colton Museum Board of Directors were:
(a) Completion of a Colton Area Museum Exhibit Interpretative Plan 7 Packet Pg. 165
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Contract Amendment - County of San Bernardino Museum
August 6, 2024
(b) Facilitation of the narrative writing for the exhibits on local history; scope includes facilitating the development of themes and concepts; co -writing and editing of narrative to fit museum title and label standards,
(c) Graphic design for the exhibits, and oversight of printing and installation process, (d) Assistance with recommendations and purchasing appropriate museum -quality exhibit cases, supplies, and materials, and inventory management, (e) Assistance with collections selection,
(f) Installation of final exhibit.
The expertise and resources provided by the County Museum professionals have been invaluable for management of Museum redesign and operations. Their guidance has significantly enhanced the curation and management of exhibits, ensuring a high -quality experience for visitors. The original contract was set at $145,000, which included staff time and a 5% contingency to cover any unforeseen expenses.
ISSUES/ANALYSIS
The County Museum professionals deliv ered exceptional work, surpassing all expectations.
However, the estimated costs were higher than initially projected due to unforeseen additional work and the cost of materials for exhibit design and installation. Despite having a contingency clause in th e contract, the scope of services extended beyond the allocated contingency budget.
Consequently, final invoices submitted after the Museum's reopening in February 2024 indicated that an additional amount of $45,554.82 is required.
In light of these devel opments, staff recommends that the City Council authorize the City Manager to execute Amendment No.1 to the Professional Services Agreement with San Bernardino County Museum. This amendment will cover the additional consulting services and curation for the Colton Area Museum, with a total increase of $46,000.
FISCAL IMPACTS
Sufficient appropriations are available for carryover in the adopted FY 2023-2024 budget in Miscellaneous Grants Fund Colton Area Museum Professional Services Account Number 225- 6200-6222-2350-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. SKM_C45820122913120.COUNTY MUSEUM CONTRACT
2. PSA - SB County Museum 1st Amendment
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FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
COUNTY OF SAN BERNARDINO – MUSEUM SERVICES
CONTRACT #20-1204
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement (“ First Amendment”) is made between the City of Colton (“City”) and County of San Bernardino, Museum Department (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated December 15, 2020 (“Agreement”), whereby Consultant agreed to provide professional curatorial and supervisory project services for the Colton Area Museum Improvement Project, through March 31, 2022.
2.2 Amendment. City and Consultant desire to amend the Agreement for the First time to extend the term to March 31, 2024, with additional compensation of $46,000.
2.3 Amendment Authority. This First Amendment is authorized pursuant to Section 11 of the Agreement which allows the extension of the term of the Agreement for two years from March 31, 2022 by operation of a written agreement signed by an authorized representative of each party.
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to the Professional Services Agreement as of the day and year first above written.
CITY OF COLTON
By: _________________________
William R. Smith, City Manager
COUNTY OF SAN BERNARDINO
By: _________________________
David Meyers, Museum Director
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Attachment: PSA - SB County Museum 1st Amendment (4622 : Contract Amendment - County of San Bernardino Museum)
ITEM NO. 8
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AN AMENDMENT TO THE MAINTENANCE SERVICE
AGREEMENT WITH NORTHSTAR CHEMICAL, DBA PACIFIC
STAR CHEMICAL TO PROVIDE SODIUM HYPOCHLORITE TO
WATER AND WASTEWATER FOR FISCAL YEAR 2023/24 AND
2024/25.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve a $33,500 amendment to the Maintenance Service Agreement with NorthStar Chemical, DBA Pacific Star Chemical (NorthStar), to provide bulk chemical deliveries and maintenance of chlorine storage tanks for the Water/Wastewater Utilities Department in an amount not-to-exceed $234,500 for Fiscal Year 2023/24.
2. Approve a $50,000 annual amendment to the Maintenance Service Agreement with NorthStar, to provide bulk chemical deliveries and maintenance of chlorine storage tanks for the Water/Wastewater Utilities Department in an amount not-to-exceed $251,000 annually for Fiscal Year 2024/25 through Fiscal Year 2027/28.
BACKGROUND
The City of Colton owns, operates, and maintains both water and wastewater utilities. The Water Division treats potable drinking water with chlorine to meet State and Federal requirements at all well sites. The Wastewater Division uses chlorine to control biofilm and filamentous bacteria amongst other items throughout the wastewater treatment process.
ISSUES/ANALYSIS
8 Packet Pg. 189
Staff Report to the Mayor and City Council
Contract Amendment - Northstar Chemical
August 6, 2024
Over the past five months, staff ha s been exp eriencing operational challenges at the City’s Wastewater Treatment Plant. Issues with excessive amounts of filamentous bacteria are causing problems with sludge settling and bulking in our oxidation ditches. Due to this filament problem, our effluent di scharged to the RIX facility is showing higher than desirable turbidity levels, which is causing issues for the RIX facility as well. Staff have been working diligently on this and found that dosing the oxidation ditches with additional amounts of chlorin e helps to control the bacteria. However, with the additional amounts of chlorine being used, the current purchase order on hand has exhausted the available funds.
Additionally, water staff has seen an increase in the amount of chlorine disinfectant being used in the potable water system. This is contributed to weather conditions and extended use of our potable water wells. Also, staff received a notice from NorthStar on Assembly Bill 2113 which increases the mill assessment on the product we purchase f rom NorthStar. AB 2113 amends the Food & Agriculture code section 12841, subdivision (f)(1) to increase the mill assessment effective July 2, 2024, through July 1, 2027. Assessment will increase by $0.0245 in FY 24/25, $0.027 in FY 25/26, $0.029 in FY 26/27, and $0.030 in FY 27/28.
In August 2023, City Council awarded a five -year contract to NorthStar for a not -to-exceed amount of $201,000 per year for five years. Due to the increased usage of chlorine on both the water and wastewater side, Staff is req uesting an increase to the not -to-exceed amount to cover all operational needs for the remainder of the term of the contract. On June 17, 2024, staff requested an emergency authorization from the City Manager to increase the dollar amount on the purchase order for NorthStar Chemicals. Currently, NorthStar’s purchase order is closing out the first of a five-year contract.
FISCAL IMPACTS
Sufficient appropriations for FY2023-24 are available in the approved budgets for the Water and Wastewater expenditure account numbers listed below:
Water Fund 521-8100-8101-2308-0000-000 $13,400
Wastewater Fund 522-8200-8200-2255-0000-000 $20,100
The Total amended contract amount being requested is increasing by $50,000 per year for a new total contract amount of $1,004,000 for the remaining four years of the contract. The annual Purchase Order request will be in the amount of $251,000 per year for the remainder of the contract. Sufficient appropriations for the revised FY 2024/25 contract amount are availabl e in the adopted budget in the following account numbers listed:
Water Fund 521-8100-8101-2308-0000-000 $150,750
Wastewater Fund 522-8200-8200-2255-0000-000 $100,250
8 Packet Pg. 190
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August 6, 2024
Amounts obligated for the future years will be included in the annual requested b udget through the contract term.
ALTERNATIVES
1. Provide alternative direction to Staff.
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ITEM NO. 9
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO AWARD A
CONTRACT TO DM CONTRACTING, INC. FOR CDBG COLT-23-1-
03K-0279 ALLEY PAVING PROJECT, AND APPROVE A
RESOLUTION AMENDING THE CAPITAL IMPROVEMENT
BUDGET ACCORDINGLY, RESOLUTION NO. R-72-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the award of contract for the CDBG -COLT-23-1-03K/0279 Target Area Alley Reconstruction Project to DM Contracting, Inc. as the lowest responsive and responsible bidder in the amount of $429,375.00 and authorize the City Manager to execute the contract agreement.
2. Approve Resolution R-72-24 (Exhibit A) to amend Fiscal Year 2024/2025 Capital Improvement Budget.
BACKGROUND
On February 16, 2021, the City Council adopted Resolution No. R -14-21, approving the final prioritized list of CDBG projects, including the CDBG-COLT-23-1-03K/0279 Target Area Alley Reconstruction Project. The project will take place in the following locations:
1. 7th Street to La Cadena Drive, north of C Street.
2. Between Hanna Street and Olive Street, La Cadena Drive and 9th Street.
3. Between G Street and H Street, 3rd Street to 4th Street.
4. Between F Street and G Street, 12th Street to west end.
5. Between K Street and L Street, 5th Street to east end. 9 Packet Pg. 192
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August 6, 2024
6. Between L Street and M Street, 5th Street to east end.
7. Between N Street and O Street, 7th Street to west end.
8. Between 9th Street and 10th Street, north of G Street.
Attached as Exhibit A is the project plan that shows the improvement and location for each alley and street. As part of the City’s streets maintenance efforts, the list of alleys under this project were determined to be the highest priority for repair and replacement. Paving these alleys will provide better accessibility for services the city provides to its residents including trash pick -up and emergency services when needed.
ISSUES/ANALYSIS
In accordance with Colton Municipal Code (CMC) Section 3.08.090, a request for Notice Inviting Formal Bids was published in The Press Enterprise on April 5, 2024, and April 12, 2024. On May 2, 2024, the bid opening was conducted, and staff received the following bid.
Contractor Base Bid Total
DM Contracting, Inc $429,375.00 $429,375.00
Staff reviewed and evaluated the submitted bid and recommends awarding the contract (Exhibit B) for the CDBG-COLT-23-1-03K/0279 Target Area Alley Reconstruction Project to the lowest responsive and responsible bidder DM Contracting, Inc in the amount of $429,375.00.
FISCAL IMPACTS
Adoption of Resolution R -72-24 is necessary to appropriate $115,308.56 in the FY20 24-25 budget from reserve balance in the Host City Fee Fund. Sufficient reserve balance is available to appropriate the funds necessary to complete the project.
The Table below is the breakdown of the available funding for the project after the approva l of Resolution R-72-24:
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The host city fee includes a 5% contingency.
ENVIRONMENTAL IMPACTS
Staff recommends that the CDBG -COLT-23-1-03K/0279 Target Area Alley Reconstruction Project be determined categorically exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(c) - Existing highways and streets.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Project Plans
2. Exhibit B - DM Contracting Contract
3. Exhibit C - Funding Resolution R-72-24
4. Exhibit D - CDBG Funding Sheet
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CONTRACT
1 CONTRACT
THIS CONTRACT is made this 6th day of August, 2024, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and DM Contracting, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated in the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict com pliance with the Contract Documents as specified in Article 5 below for the following Project:
CDBG COLT-23-1-03K/0279– Target Area Alley Reconstruction
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within NINETY (90) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Four Hundred Twenty-Nine Thousand Three Hundred Seventy-Five Dollars ($429,375). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES . I n accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
Information Required of Bidders
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CONTRACT
2 Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Labor compliance contract (attachment D)
The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in th ese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
IN WITNESS WHEREOF, this Contract has been duly executed by the above -named parties, on the day and year above written.
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CONTRACT
3 CITY OF COLTON
By:
______________________________
Signature
______________________________
Name
______________________________
Title
Attest:
______________________________
City Clerk
Recommended By:
______________________________
Signature
______________________________
Name
______________________________
Title
CONTRACTOR
By:
______________________________
Signature
____ _________
Name
______________________________
Title
__ ______________________
License Number
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RESOLUTION NO. R-72-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT BUDGET FOR COLT-23-1-03K/0279 TARGET AREA ALLEY
RECONSTRUCTION PROJECT
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,
WHEREAS, the City of Colton received Community Development B lock Grant (CDBG) funding through San Bernardino County in the amount of $337,407.00 for the design and construction of COLT-23-1-03K/0279 Target Area Alley Reconstruction Project (Project); and,
WHEREAS, the City of Colton need to provide additional funding from Host City Fee in the amount of $115,308.56 to fully fund the construction of the Project; and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 2024/2025 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The City Council authorizes the following amendment for the Fiscal Year 2024/2025 budget:
Appropriate $115,308.56 from reserve balance in Host City Fee to account number 240-2507-6150-3890-0000 for the construction of COLT-23-1-03K/0279 Target Area Alley Reconstruction Project.
PASSED, APPROVED AND ADOPTED THIS 6TH DAY OF AUGUST 2024.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
STEPHANIE VARGAS
City Clerk
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ITEM NO. 10
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE AND ADOPT A CONTRACT FOR ENVIRONMENTAL SERVICES WITH ECORP CONSULTING INC., AND
CORRESPONDING REIMBURSEMENT AGREEMENT WITH
APPLICANT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the City Manager to execute the attached Professional Services Agreement ( PSA) with ECorp Consulting Inc., for $129,850 to provide environmental services on behalf of Pepper Clinic LLC for the preparation of an Initial Study for the development of a 60,000 square-foot Medical Office Building, five -story Hotel, three -story parkin g structure, and associated improvements (DAP24-0029) as per the terms of the PSA, including exhibits attached thereto.
2. Authorize the City Manager to execute the attached Reimbursement Agreement with Pepper Clinic LLC to fund consultant services for Initial Study for the development of a 60,000 square- foot Medical Office Building, five-story Hotel, three-story parking structure, and associated improvements.
BACKGROUND
On June 13, 2024, the City re ceived an application (DAP24 -0029) for an Architectural and Site Plan Review for a 3 -story 60,000 sf medical office clinic, and associated site improvements; Conditional Use Permit for a 5 -story 112 room hotel and a 3 -story parking structure; Minor Variance for increase of height of hotel structure from 60 fe et allowed to 65 feet; Variance for reduced front setback of parking from 15 feet to 10 feet; Variance for reduced rear setback of 15 feet to none (0 feet); Variance for reduction of parking requirements from 414 required to 321, and Parcel Map to subdivide parcel into three lots. (APN: 0254-071-10). 10 Packet Pg. 232
Staff Report to the Mayor and City Council
Contract Award - ECORP Consulting
August 6, 2024
As the lead agency for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the C ity is the public agency having jurisdiction by law over the project, the environmental document becomes the City’s document to comply with CEQA. Staff, environmental consultant and the Applicant have agreed to the scope of this proposal.
ISSUES/ANALYSIS
Staff is recommending that one of the City’s pre -qualified environmental consultants, ECORP Consulting Inc., be selected for preparation of the Initial Study. All technical analyses associated with the Initial Study will be prepared directly by the consul tant and subconsultants (Traffic/VMT). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.
Staff is also requesting approval of a corresponding Reimbursement Agreement with the applicant to ensure funding of all consultant services, including legal services associated with the project are collected by staff prior to giving Notice to Proceed with the Project.
FISCAL IMPACTS
Sufficient appropriations are available for the contract in the adopted FY2024 -25 budget in General Fund Planning Professional Services Account Number 100-6300-6301-2357-0000-000.
The full amount of the $129,850 cost of environmental consultant services, will be funded by the applicant, Aegis Builders Inc. The contract will be funded in full by the applicant through deposit into General Fund Developer Reimbursement Agreement Revenue Account Number 100-6799-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1 - PROFESSIONAL SERVICES AGREEMENT
2. Attachment 2 - REIMBURSEMENT AGREEMENT_DAP24-0029_Exec Development 10 Packet Pg. 233
(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this _____ day of August, 2024, 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 ECORP Consulting, Inc., with its principal place of business at 3838 Camino Del Rio North, Suite 370, San Diego, CA 92108 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing E nvironmental Document Preparation services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project
City desires to engage Consultant to render such professional environmental consulting services for a 3-story 60,000 sf medical office clinic, a 5 -story 112 room hotel, a 3-story parking structure; Parcel Map to subdivide parcel into three parcels (Case Index No. DAP24-0029) located on a vacant lot along Pepper Avenue ("Project") as set forth in this Agreement Terms.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto a nd incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations
3.1.2 Term. The term of this Agreement shall be from August 6, 2024 to August 31, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
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3.2 Fees and Payments.
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one-hundred twenty-nine thousand, eight hundred fifty dollars ($129,850.00) without written approval of the City Council or City Manager as applicable. City Manager may authorize up to 5% increase in compensation for extra work. Extra Work, if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.2.2 Payment of Compensation . Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent bi lling periods, as appropriate, through the date of the invoice.
City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
3.2.4 Extra Work . At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completio n of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.3 Responsibilities of Consultant.
3.3.1 Independent Contractor; Control and Paymen t of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or a ny of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
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3.3.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consu ltant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.3.4 Substitution of Key Personnel . Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personn el who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or prope rty, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: David Atwater, Senior Environmental Planner.
3.3.5 City's Representative. The City hereby designate David Alvarez, Senior Planner, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behal f and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.2 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.
3.3.6 Consultant's Representative. Consultant hereby designates David Atwater, Senior Environmental Planner , or his/her designee, to act as its representative for the performance of this Agree ment ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, usi ng his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) 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 represents that it, its employees and subconsulta nts have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.
As provided for in the indem nification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any 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.
3.3.9 Period of Performance Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforemention ed 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.
3.3.10 Laws and Regulations ; Employee/Labor Certification . Consulta nt shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liabi lity arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.3.10.1 Employment Eligibility; Consultant . By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examin ation and retention of documentation confirming the identity and immigration status of each employee of the Consultant.
Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired emp loyees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related
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3.3.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.3.10.1.
3.3.10.3 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 i n Sections
3.3.10.1 or 3.3.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section
3.3.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.3.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment 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.
3.3.10.5 Air Q uality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipmen t", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for v iolations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.3.10.6 Safety. Consultant shall execute and maintain its work s o as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent
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3.3.11 Insurance.
Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.3.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration o f the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.
Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability : Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :
Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily in jury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insuranc e showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
3.3.11.3 Professional Liability . Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.
3.3.11.4 Insurance Endorsements . The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section
3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, office rs, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is res ponsible; 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.
Notwithstanding the minimum limits set forth in Section 3. 3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the ter ms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.3.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with thes e specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.3.11.6 Deductibles and Self -Insurance Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond gua ranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.3.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.3.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.3.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.3.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
3.3.12 Water Quality Management and Compliance.
3.3.12.1 Storm Water Management . Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.
3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
3.3.12.3 Standard of Care . Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, a nd ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.
Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's p rincipal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of th e project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination . City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services. In the event this Agreement is term inated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: ECORP Consulting, Inc.
3838 Camino Del Rio North #370
San Diego, CA 92108
ATTN: David Atwater, Senior Environmental Planner
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Heidi Duron, Development Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodie d in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskette s, which are prepared or caused to be
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying 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.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or r e-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or li able, or anyone approved by the Consultant.
3.6.3.4 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.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or r adio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to rele ase Proprietary Information.
Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall n ot release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent permitted b y law, Consultant shall defend indemnify and hold the City, its officials, officers, employees, vo lunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pe rtaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the Cit y, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.
In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Go vernment 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 followe d by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period fo r performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describ e the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constit ute 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.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
3.6.15 No Third -Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests . Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee wo rking solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the Ci ty’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or empl oyee 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.
3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND ECORP
CONSULTING.
CITY OF COLTON ECORP CONSULTING
By: ____________________________ By: _________________________ Wiliam R. Smith ECORP CONSULTING
City Manager
Attest:
____ By: _________________________
City Clerk Stephanie Vargas
City Clerk
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) EXHIBIT "A"
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The Proposed Project is located on the western side of North Pepper Avenue and approximately 625 feet south of West San Bernardino Avenue within a mixed commercial and light -industrial area of the City of Colton on approximately 9 acres (389,336 square feet). The Project site is located within the City’s Colton Hub City Centre Specific Plan (CHCCSP). It is our understanding that the Project consists of the construction and operation of a three -story 60,000 square fo ot medical office clinic, a five-story 71,000 square foot commercial hotel (112 guestrooms) a three- story parking structure, and associated site improvements. The site is currently vacant and undeveloped. The Project site is designated for Office/Mixed Use per the City’s CHCCSP and is located in the CHCCSP zone. The Project requires an Architectural and Site Plan Review and Tentative Map approval. This proposal presents ECORP’s proposed technical approach, schedule, and cost to complete the CEQA document and supporting technical studies.
Preliminary Project information provided by the Applicant and the City to be used in the analysis includes:
Civil Engineering Plans (Conceptual Grading Plan, Storm Drain Plan, Utility Plan, Truck Turning Template for Fire Apparatus);
Architectural Plans (Site Plan, Floor Plans, Elevations, Conceptual Landscape Plan); Geotechnical Engineering Investigation; and,
Phase I Environmental Site Assessment (ESA)
In order to effectively analyze the impacts of the Proposed Project, ECORP recommends that the following technical analyses be completed for use in support of the Initial Study:
Air Quality and Greenhouse Gas Emissions Analysis
Biological Resources Assessment
Cultural Resources Assessment
Energy Consumption Analysis
Noise Impact Analysis
ECORP has retained KOA, a transportation planning and traffic engineering company, to provide traffic analysis services for this Project. The scope of services to be provided by KOA includes:
Vehicle Miles Travelled (VMT) Screening Assessment
Level of Service Traffic Impact Assessment (TIA)
This scope of work assumes that a Mitigated Negative Declaration (MND) will be the appropriate environmental document. ECORP will prepare the Initial Study (IS) and MND for the Project.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting)
SCOPE OF WORK
TASK 1: TECHNICAL ANALYSES
Task 1A – Air Quality and Greenhouse Gas Emissions Analysis The assessment of air quality and greenhouse gas (GHG) emissions will quantify short-term and long-term emissions generated by the Proposed Project. ECORP will employ the most up-to-date version of the California Emissions Estimator Model (CalEEMod). CalEEMod is a statewide land use emissions computer model designed to quantify pollu tant emissions associated with construction and operations from a variety of land use projects. Project criteria air pollutant emissions will be compared to the thresholds of significance promulgated by the South Coast Air Quality Management District (SCAQ MD), including SCAQMD’s recommended Localized Significance Thresholds (LSTs). LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (I -4). Additional CEQA Guidelines Appendix G thresholds will also be evaluated, including the potential for the Proposed Project to expose sensitive receptors to substantial pollutant concentrations, to cause objectionable odors, or to impede attainment of the current SCAQMD Air Quality Management Plan. Project GHG emissions will be assessed against the SCAQMD numeric bright ‐line threshold of 3,000 metric tons of CO2e annually. Additionally, the Project is also compared for consistency with the City of Colton Climate Action Plan.
ECORP proposes to evaluate potential air quality and GHG emission -related impacts in a technical assessment. The analysis will be supported by modeling documentation, which would be included as an appendix to the technical assessment.
Task 1A Deliverables:
♦ One electronic version of the Draft and Final Air Quality and Greenhouse Gas Emissions Assessment
Task 1B – Biological Resources Assessment
ECORP will conduct a biological resources assessment of the Project Area, identify any potential biological constraints to development and, if applic able, make recommendations based on the findings. Prior to conducting the site survey, biologists will conduct queries of the latest versions of the California Department of Fish and Wildlife (CDFW) California Natural Diversity Data Base (CNDDB) and Califo rnia Native Plant Society (CNPS) Electronic Inventory of Rare and Endangered Plants. The West Valley Habitat Conservation Plan (HCP) will also be reviewed, as the Project Area is located within the planning area for the HCP. In addition, other documentation, range maps of sensitive species, and other site -specific reports regarding biological resources that are relevant to evaluating the biological resources on the site will be reviewed. Based on the literature review, the biologists will identify the special-status and/or listed species that could occur on the Project Site.
Once the literature review is completed, ECORP biologists with knowledge of the species that could occur on or in the vicinity of the Project Area will use the results as background information and conduct a reconnaissance -level survey of the Project Area. Biological resources that are known to occur or potentially occur on the property will be searched for during the survey. The survey will consist of a site walkover, taking photograph s to document the site conditions, developing plant and wildlife species lists, mapping vegetation communities, and characterizing the habitats within the Project Area. The habitat assessment will identify any areas of suitable habitat for sensitive plant and wildlife species that may or may not require focused wildlife surveys, and any areas that may be potentially under the jurisdiction of the U.S. Army Corps of Engineers
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) (USACE) or CDFW will be identified. Note a habitat assessment for Delhi Sands flower-loving fly will need to be performed separately by a permitted biologist (see Task 1C). If special -status species are detected, occurrences will be documented using a global positioning system (GPS) device.
Following the completion of the biological surv ey and the Delhi Sands flower -loving fly habitat assessment (Task 1C), ECORP will prepare a report that details the results of the literature review and field survey. The report will conform to the information needs for review under CEQA and will include a description of the Proposed Project, maps of the Project Site (including mapped vegetation communities), methods used to conduct the survey, the survey results, and special - status species potential for occurrence. The report will also present recommendations for further work, if needed, including focused surveys for sensitive species or a formal aquatic resources delineation. Applicable recommendations from the West Valley HCP will also be presented in the report. ECORP will provide one electronic copy (PD F) of the draft report, delivered by email, following completion of the survey.
After incorporating one round of compiled comments, a final version of the report will be submitted electronically in PDF form.
The report will identify the need for focused surveys or a formal aquatic resources delineation that may be required prior to construction. However, this task does not include focused (protocol-level) surveys for special-status species, a formal delineation of waters potentially under the jurisdiction of the USACE or CDFW, preparation of regulatory permits, or coordination or consultation with the regulatory agencies.
Task 1B Deliverables:
♦ One electronic version of the Draft and Final Biological Resources Assessment
Task 1C – Delhi Sands Flower-Loving Fly Habitat Assessment ECORP will retain the biological services of a permitted Delhi Sands flower -loving fly biologist who is in possession of a federal 10(a)(1)(A) permit to conduct a habitat assessment of the Project and adjacent areas for the Delhi Sands flower-loving fly. It is assumed that a habitat assessment will be required for the Project due to the requirements outlined in the West Valley HCP.
The permitted biologist will perform the habitat assessment to determine the quality of habitat that exists within the Project Area for the species as well as ascertain the potential for the species to occur on or adjacent to the Project Area. The habitat assessment will include a site walkover, a check on adjacent empt y lots for comparison of habitat quality to the project area, and photographs taken to document the site conditions. The biologist will also characterize the type and quality of the habitats within the Project Area with respect to the Delhi Sands flower -loving fly.
At the conclusion of the habitat assessment, a brief letter report of findings will be provided. A draft report will be submitted electronically for review by the Client. After receiving one round of compiled and complete comments, a final vers ion of the report will be submitted electronically.
The results will be incorporated into the Biological Resources Assessment Report (see Task 1B) and a CEQA-level impacts analysis for the species will be incorporated into that report. The habitat assessment letter report will be included as an attachment to the Biological Resources Assessment Report.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) Task 1C Deliverables:
♦ One electronic version of the Draft and Final Delhi Sands Flower-Loving Fly Habitat Assessment Letter Report
Task 1D – Cultural Resources Assessment
ECORP will conduct a cultural resources inventory of the study area, defined as approximately 9 acres located along southbound Pepper Avenue between West San Bernardino Avenue and Valley Boulevard. It is also known as Assessor’s Parce l Number 0254-071-10-000. All work will be conducted by, or under the direct supervision of, a Registered Professional Archaeologist, who meets the Secretary of the Interior's Professional Qualifications Standards for prehistoric and historical archaeology, and an Architectural Historian who meets the Secretary of the Interior's Professional Qualification Standards for architectural history.
This scope of work includes a records search at the California Historical Resources Information System (CHRIS) South Central Coastal Information Center (SCCIC). The search will include a review of previous archaeological records, the National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR), and other databases that catalogue significant events and resources in local, state, or national history. The records search will be conducted using a 1 -mile radius around the Project Area. ECORP will also contact the Native American Heritage Commission to request a sacred lands file search t o determine whether any sacred sites have been recorded on the property. Additionally, ECORP will contact local historical societies, if any, to seek any archival information on the Project Area.
ECORP will complete an intensive field survey of the entir e 9-acre Project Area. ECORP will survey all accessible portions of the Project Area using pedestrian transect intervals spaced 10 to 15 meters apart, where possible. The Project Area will be examined for evidence of cultural resources, including pre-contact and historic-period (i.e., over 50 years of age) cultural deposits and features. If any resources are identified in the Project Area, they must be recorded and mapped in accordance with the standards of the California Office of Historic Preservation (OHP).
A review of historic maps indicates there is one built environment resource, a transmission line, within the Project Area. The resource is depicted on the 1967 (photorevised 1973) San Bernardino South, CA, USGS topographic quadrangle (1:24,000 scale). This built environment resource will need to be recorded and evaluated for listing on the CRHR and NRHP. Any additional resources identified during survey will require a separate scope and cost estimate to record and evaluate them.
ECORP will prepare a report documenting the results of the survey effort. The report will include a historic context, methods, survey results, resource evaluations, and management recommendations.
Task 1D Deliverables:
♦ One electronic version of the Draft and Final Cultural Resources Assessment
Task 1D Data Needs:
In order to submit a deliverable under the schedule provided above, ECORP will require receipt of the following information:
♦ Boundary files: the client (or its Agent) will provide an AutoCAD file(s) or ESRI shapefile(s) of the project footprint/impact areas as closed polyline or polygon features. ECORP requests that the AutoCAD or ESRI GIS file(s) be provided in a defined and clearly stated coordinate system, with project footprint/impact areas clearly designated on either single layer, or on multiple
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) layers, with clear direction given to what layers constitute the project footprint and or impact areas.
♦ Project description: the client (or its Agent) will provide a written description of the project, including a description of the depths of disturbance and type of activity being proposed, to the level of detail known at the time of contract execution.
Task 1E – Energy Consumption Analysis
ECORP proposes to analyze Project energy consumption in a technical assessment where potential impacts related to Project energy consumption will be assessed against the Office of Planning and Research’s proposed standards of significance: i.e., whether the Project result in the wasteful, inefficient, or unnecessary consum ption of energy, or wasteful use of energy resources; and, whether the Project would conflict with an applicable plan for renewable energy or energy efficiency. There are no established thresholds of significance, statewide or locally, for what constitutes a wasteful, inefficient, and unnecessary consumption of energy for a hotel and medical facility. Therefore, for the purposes of this analysis, the amount of energy necessary for both Project construction and Project operation will be quantified and compared to that consumed in San Bernardino County as a whole.
Task 1E Deliverables:
♦ The results of the analysis will be incorporated into the IS/MND.
Task 1F – Noise Impact Analysis
The evaluation of noise impacts associated with the Project will be com pleted by staff members who are noise experts. The applicable noise criteria for the Project Area will be reviewed and discussed for land uses adjacent to, and nearby, the Project Site as they will be the basis for the Project impact determination and whet her mitigation is necessary. In order to establish the existing ambient noise levels currently experienced at the Project Site, and thus noise/land use compatibility concerning the proposed noise-sensitive hotel and medical facility, ECORP will first conduct a long -term (24 -hours) baseline noise measurement at the site in order to obtain a general representation of the existing ambient noise currently experienced on the Project Site.
The results will be reported in the Community Noise Equivalent Level (CNEL) noise metric. CNEL is a 24-hour average measurement of sound with a five decibel “weighting” during the hours of 7:00 p.m. to 10:00 p.m. and a 10 decibel “weighting” added to noise during the hours of 10:00 p.m. to 7:00 a.m. to account for noise sensitiv ity in the evening and nighttime, respectively. In addition to the 24-hour measurement, ECORP will also conduct up to four short-term (15 minutes) measurements in the Project vicinity surrounding the site in order to establish the existing ambient noise levels currently experienced in the areas surrounding the Project.
Construction would occur during implementation of the Proposed Project. Noise levels from construction sources will be analyzed using the Federal Highway Administration Roadway Construction Noise Model and based on the anticipated equipment to be used. In order to evaluate the potential health-related effects (physical damage to the ear) from construction noise, construction noise will be evaluated in terms of hourly equivalent continuous no ise levels (Leq) and the frequency of occurrence at the nearby residences to the east and southeast. In addition to construction noise, an analysis of vibration impacts will be prepared based on the California Department of Transportation’s vibration analysis guidance.
The evaluation of the Project’s contribution to noise increases over existing conditions will be addressed. The predominate source of onsite noise produced on the Project Site would be from the activity as the proposed medical center (i.e., sirens and internal circulation) as well as parking lot activity (i.e., internal circulation, people talking, car stereos, etc.) at the proposed hotel. The
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) analysis of onsite noise will rely on the SoundPLAN 3D noise model, which will be used to calculate the propagation/spread of onsite Project noise levels from onsite Project operations.
The SoundPLAN 3D noise model predicts noise levels based on the location, noise level, and frequency spectra of the noise sources as well as the geometry and reflective properties of the local terrain, buildings and barriers. A noise contour graphic will be prepared to depict the noise levels at the surrounding receptors, including the noise-sensitive residential receptors to the east and southeast. The modeling results a nd noise contour graphics will be discussed and summarized in the analysis. Another major source of noise associated with the Project would be offsite automobile traffic. Potential noise impacts from vehicular traffic will be assessed using the U.S. Federal Highway Traffic Noise Prediction Model (FHWA-RD-77-108). The 24-hour weighted Community Noise Equivalent Levels (CNEL) will be presented in a tabular format. ECORP will require a completed Traffic Analysis with Project trip distribution data to complete the evaluation of offsite traffic noise.
ECORP proposes to evaluate potential noise related impacts in a technical assessment. The analysis will be supported by modeling documentation, which would be included as an appendix to the technical assessment.
Task 1F Deliverables:
♦ One electronic version of the Draft and Final Noise Assessment
Task 1G – Vehicle Miles Traveled Screening Assessment and Level of Service Traffic Impact Assessment (KOA)
KOA proposes to perform the scope of services described be low related to the preparation of a Vehicle Miles Traveled (VMT) Screening Assessment (CEQA requirement) and a Level -of- Service (LOS) Traffic Impact Analysis (Non -CEQA requirement) in support of the Proposed Project.
Task 1.G.1: Project Management, Administration, and Coordination KOA will coordinate with the Client, Project team, and City of Colton (City) staff during the preparation of the Traffic Scoping Document, VMT Screening Assessment, and LOS Traffic Impact Analysis, as needed. During coordination, information will be reques ted from the Client including but not limited to the latest site layout plan and any data, analyses, documents or other information available relevant to the Project Site and surrounding area.
It is envisioned that communication with the Client, Project team, and City staff will be primarily through email and short conference calls. If attendance of in-person meetings is requested by the Client, KOA can attend in-person meetings for an additional fee on a per-meeting basis.
Task 1.G.2: VMT Screening Assessment
Per the City of Colton VMT (Vehicle Miles Traveled) Guidelines (June 2020), the following screening criteria are used to determine when a project is required to prepare a full VMT analysis.
A development project meeting any of the screening criteria listed below can be assumed to have a less-than-significant VMT impact and do not require additional VMT analysis:
1. Trip Generation Potential Screening (110 daily trips or fewer)
2. Land Use Type Screening
3. High Quality Transit Area Screening
4. Low VMT Area Screening
At the recommendation of the City of Colton VMT Guidelines, the San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool will be used, in conjunction with the trip
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) generation estimates developed as part of Task 1.G.3, to d etermine whether additional VMT analysis is required. Based on a preliminary review of the land uses on the site, the Project is likely too large to screen out using criteria 1 and 2, but the Project is located in a High Quality Transit Area, which may qua lify it for VMT screening, depending on other characteristics of the Project Site as detailed in the VMT Guidelines. KOA will prepare a comprehensive VMT Screening Assessment that evaluates all four screening criteria.
Task 1.G.3: Level of Service Traffic Impact Analysis
It is our understanding that the City of Colton does not have its own Levels of Service (LOS) traffic analysis guidelines. Therefore, the San Bernardino County Transportation Authority (SBCTA) Congestion Management Program (CMP) TIA Guide lines (dated June 2016) or other City - required guidelines will be used for LOS analysis purposes.
Based on the Project land use intensity and using the relevant trip rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, a preliminary trip generation estimate was conducted. The Project is anticipated to generate approximately 2,800 weekday daily trips including 213 trips (159 in and 54 out) during the AM peak hour and 236 trips (77 in and 159 out) during the PM peak hour.
KOA anticipates that the scope of work related to LOS TIA, as described below, will be required based on the Project trip generation intensity.
Traffic Scoping Document
KOA will prepare a Traffic Scoping Document that summarizes the study assumptions of the LOS TIA for approval by the City. The Traffic Scoping Document will include, but not be limited to, the following:
• Project trip generation using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition;
• Project trip distribution and trip assignment taking into account the regional roadway network, the location of residential, employment, and commercial centers in the Project vicinity, and using the San Bernardino County Travel Analysis Model (SBTAM), as necessary; • Location of study intersections;
• Cumulative projects to be used for background traffic growth, and/or traffic growth assumptions for near-term future traffic growth;
• Study scenarios;
• Study methodology according to the relevant TIA Guidelines; and • VMT screening assessment (per Task 1.G.2)
KOA will commence the LOS traffic impact analysis after approval of the Traffic Scoping Document by the City.
Traffic Counts
Based on the preliminary Project trip generation estimates and the surrounding roadway and land use characteristics, it is envisioned that up to seven (7) study intersections would be required for traffic impact analysis. The study intersections that would most likely be required for analysis are listed below.
1. Pepper Ave and San Bernardino Ave
2. Pepper Ave and Violet St
3. Pepper Ave and Proposed Project Driveway (Future Intersection)
4. Pepper Ave and Blue Drive
5. Pepper Ave and Valley Blvd
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6. Pepper Ave and I-10 Fwy WB On/Off-Ramps
7. Pepper Ave and I-10 Fwy EB On/Off-Ramps
Traffic counts will be collected at up to seven (7) study intersections during the timeframe of 7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM on a typical weekday (Tuesday, Wednesday, or Thursday). The exact intersection locations will be confirmed during the Traffic Scoping process with the City. The counts will be utilized to define the existing volumes for the weekday AM and PM peak hours.
Traffic Impact Analysis
The traffic study will include a description of existing conditions including roadways, transit lines, and bicycle lane/route facilities in the study area.
In addition, KOA will compile a list of cumulative projects to be requested from the City of Colton and other nearby cities, as necessary. Trip generation for the cumulative projects located in the study area will be determined based on ITE Trip Generation Manual, 11th Edition. The cumulative project traffic growth will be incorporated in the traffic analysis.
The traffic analysis will be conducted for up to seven (7) study intersections for the following study scenarios:
• Existing Conditions
• Project Opening Year No Project Conditions
• Project Opening Year With Project Conditions
• General Plan Buildout No Project Conditions
• General Plan Buildout With Project Conditions
KOA will recommend “High -Level” conceptual traffic improvements, if necessary, if it is determined that the Proposed Project would result in adverse traffic impacts at any study locations.
Task 1.G.4: Traffic Impact Analysis Report Preparation
The VMT screening assessment and LOS traffic analysis will be documented in a Traffic Impact Analysis Report and submitted to the Client for review. The report will present the results of the traffic analyses qualitatively in the text as well as in graphical and tabular formats. The report will follow the City’s Traffic Impact Analysis Guidelines. KOA will prepare a revised Final Traffic Impact Analysis Report based on up to two rounds of comments from the City.
Task 1G Deliverables:
♦ One electronic version of the Draft and Final Traffic Impact Analysis Report
TASK 2: PREPARE DRAFT IS/MND
After receipt of one (1) set of integrated comments on the Administrative Draft IS/MND from the City, we will revise the IS/MND accordingly. ECORP will provide five (5) bound copies and one (1) electronic copy of the environmental document to the City for internal use. ECORP will prepare the necessary Summary Form for Electronic Document Submittal for electronic submittal to the State Clearinghouse. We have assumed that the mailing list will be provided by the City and/or Applicant. ECORP will prepare up to twenty (20) copies (on compact disc or flash drive) of the document and provide them to the City for distribution to addressees on the mailing list. ECORP will prepare the following notices as required by CEQA:
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Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration Notice of Completion (State Clearinghouse Cover)
It is assumed that one copy of each of these notices will be filed with the San Bernardino County Clerk and the State Clearinghouse, as appropriate, by the City. One electronic copy of each notice will be provided to the City. The NOI is required by CEQA to be either posted on -site, mailed to the surrounding property owners, or published in a newspaper of general circulation. It has been assumed that the City will arrange for the NOI to be published in a newspaper of general circulation. Document distribution, filing with the County Clerk a nd State Clearinghouse, and publishing of the notices in a newspaper of general circulation is assumed to be done by the City; however, ECORP can provide these services as an optional task for an additional fee.
Task 2B Deliverables:
• Five (5) bound copies and one (1) electronic copy of the Draft IS/MND for City use • Twenty (20) copies of the Draft IS/MND to mailing list (on compact disc or flash drive) • One Summary Form for Electronic Document Submittal for uploading to the State Clearinghouse • Notice of Intent and Notice of Completion
Task 2C – Final IS/MND and MMRP
The Lead Agency (City) must consider any comments received on the MND when making a decision on the Proposed Project. For costing purposes, we have assumed that ten (10) comment letters containing three (3) comments each will be received (or a total of 30 comments). ECORP will collate all public comments and comment letters regarding the IS/MND and prepare written responses to comments for inclusion in the Final IS/MND. It is ass umed that the City staff will receive all public and agency comments and will forward to ECORP as soon as possible after receipt.
The Final IS/MND will include responses to comments received on the Draft IS/MND, any changes to the Draft IS/MND, and the M itigation Monitoring and Reporting Program (MMRP, if required), prepared in accordance with CEQA Guidelines Section 15097. ECORP will prepare the MMRP in table format, with input from the City. An Administrative Final IS/MND and MMRP will be prepared, and after review by the City, the Final IS/MND and MMRP will be provided.
ECORP will prepare the following notice as required by CEQA:
♦ Notice of Determination (NOD)
It is assumed that a copy of the NOD will be filed with the San Bernardino County Clerk an d the State Clearinghouse, as appropriate, within five business days of adoption the MND by the City.
An electronic copy of the NOD will be provided to the City. It has been assumed that the Applicant will pay any fees associated with this notice.
Task 2C Deliverables:
♦ Electronic submittal of the Administrative Final IS/MND and MMRP ♦ Five (5) bound hardcopies with and one (1) electronic copy of the Final IS/MND for City use ♦ Notice of Determination (NOD)
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) EXHIBIT "B"
SCHEDULE OF SERVICES
Schedule
.
ECORP is confident that we can meet the time frame for the completion of the IS/MND according to the schedule below. This typical schedule can be accelerated based on the needs of the City. The technical analyses and the AB 52 Native American consultation (if requested by a tribe) will need to be completed prior to the completion of the Draft Initial Study/Mitigated Negative Declaration (Task 2B) and the start of the public review period.
Time Frame for Completion
Task 1: Technical Analyses Technical analyses will be submitted within 6 to 8 weeks of receipt of a notice to proceed
and all Project information.
Task 2: IS/MND
2A: Administrative Draft IS/MND
12 weeks from notice to proceed and receipt
of Project description, completed site plan
(concurrent with Task 1)
2B: Public Draft IS/MND 2 weeks from receipt of City comments 2B: Distribute IS/MND and File Public/Agency
Notices
30 calendar days
2C: Administrative Final IS/MND & MMRP 3 weeks from end of public review period 2C: Final IS/MND & MMRP 2 weeks from receipt of City Comments Project should be completed within one-year notice to proceed is received from the City.
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Attachment: Attachment 1 - PROFESSIONAL SERVICES AGREEMENT (4597 : Contract Award - ECORP Consulting) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"
COMPENSATION
ECORP Consulting’s total estimated costs for the work described herein is One-Hundred Twenty- Nine Thousand Eight Hundred Fifty Dollars ($129,850.00). The estimated cost is detailed by task on the spreadsheet below.
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23152.08600\7640413.1
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
ARCHITECTURAL & SITE PLAN REVIEW, AND CONDITIONAL USE PERMIT (CUP), MINOR VARIANCE, VARIANCE, PARCEL MAP TO ALLOW MEDICAL
OFFICE BUILDING, HOTEL AND PARKING STRUCTURE
LOCATED AT PEPPER AVE (CASE NO. DAP24-0029)
1. PARTIES AND DATE.
This Reimbursement Agreement ("Agreement") is made this _____day of August, 2024, by and between the City of Colton, a California municipal corporation ("City"), and Executive Development LLC ., with its principal place of business at 17777 Center Court Drive N 725 , Cerritos, California (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1. Property. The owner, Aegis Builders, Inc ., of that certain real property located within the City of Colton, County of San Bernardino, California, and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).
2.2 Project. The Applicant is contemplating the development of the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project (Case Index No. DAP24-0029), including those listed in Exhibit “ C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.
2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").
2.4 Reimbursement. As a condition to the City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.
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2 (BB&K: 12-11)
23152.08600\7640413.1
3. TERMS.
3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.
3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultants listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any addition al consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretio n, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any ri ght in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.
3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Co nsultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of the Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.
3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants one-hundred twenty-nine thousand and eight hundred fifty dollars ($129,850) ("Estimated Costs").
Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit in the amount of $129,850 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").
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23152.08600\7640413.1
As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($5,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Ten Thousand Dollars ($10,000), or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.
City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").
The City shall use reasonable good faith effort s to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. The Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to the commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.
For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.
The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and will provide a payment summary to Applicant within a reasona ble time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fi fteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.
3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Council and fully executed by the Parties, and shall terminate w hen all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of this section, Applicant's obligations shall inc lude, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the
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City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.
3.6 Early Termination.
3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant e ither: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.
3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Appli cant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.
3.6.3 Notice to Consultants . W ithin two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.
3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written co nsent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's financial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.
All modifications to this Agreement must be approved by the City Council.
3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the City, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.
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3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.
This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or proceeding, Applicant shal l have no further obligation to reimburse City for its attorney fees and expert or other costs.
3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies avail able to it , its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.
3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.
3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, the City and the Appl icant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced in its entirety.
3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.
3.15 Representations of Authority . Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and
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that he or she has been auth orized to sign this Agreement and bind the Party on whose behalf he or she signs.
3.16 Notices. Notices required under this Agreement shall be sent to the following:
City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Heidi Duron, Development Services Director
Applicant: Attn: Philip Lee
Executive Development, LLC.
17777 Center Court Drive N 725
Cerritos, CA 90703
Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or h and delivery, on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.
[SIGNATURES ON NEXT TWO PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
ARCHITECTURAL & SITE PLAN REVIEW, AND CONDITIONAL USE PERMIT (CUP), MINOR VARIANCE, VARIANCE, PARCEL MAP TO ALLOW MEDICAL
OFFICE BUILDING, HOTEL AND PARKING STRUCTURE
LOCATED AT PEPPER AVE (CASE NO. DAP24-0029)
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest:
_________________________
Stephanie Vargas
City Clerk
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APPLICANT’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR DEVELOPMENT PROJECT
ARCHITECTURAL & SITE PLAN REVIEW, AND CONDITIONAL USE PERMIT (CUP), MINOR VARIANCE, VARIANCE, PARCEL MAP TO ALLOW MEDICAL
OFFICE BUILDING, HOTEL AND PARKING STRUCTURE
LOCATED AT PEPPER AVE (CASE NO. DAP24-0029)
PHILIP LEE
By: _________________________
Signature
_________________________
Name: Philip Lee
_________________________
Title: Project Manager
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COLTON IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE EAST ONE-HALF (1/2) OF LOT 197, CONSISTING OF 8.94 ACRES OF LAND, AS SHOWN BY
MAP OF THE TOWN OF RIALTO AND ADJACENT SUBDIVISION S, IN THE CITY OF COLTON, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, RECORDED IN BOOK 4, PAGE 11 RECORDS OF SAID COUNTY.
EXCEPT THE EAST FORTY (40) FEET THEREOF DEEDED TO THE CITY OF COLTON,
DOCUMENT
RECORDED OCTOBER 23, 1989 AS INSTRUMENT NO. 1989-397993 OFFICIAL RECORDS.
APN: 0254-071-10-0000
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The site map is below (APN: 0254-071-10)
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EXHIBIT "B"
PROJECT DESCRIPTION
DAP24-0029 – The Application is for a Architectural and Site Plan Review a 3-story 60,000 sf medical office clinic, and associated site improvements; Conditional Use Permit for a 5-story 112 room hotel, a 3 -story parking structure; Minor Variance for increase of height of hotel structure from 60 feet allowed to 65 feet; Variance for front setback of parking from 15 feet to 10 feet; Variance for rear setback of 15 feet to non e (0 feet); Variance for reduction of parking requirements from 414 required to 321, Parcel Map to subdivide parcel into three.
The environmental review includes the preparation of a n Initial Study/Mitigated Negative Declaration that will provide for future development of the proposed project.
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EXHIBIT "C"
PERMITS AND OTHER APPROVALS
- Variance
- Minor Variance
- Conditional Use Permit
- Architectural & Site Plan Review
- Parcel Map
- Initial Study/Mitigated Negative Declaration
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EXHIBIT "D"
CONSULTANTS
BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.
ECORP CONSULTING
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $129,850, without prior approval by each party.
OTHER CONSULTANTS
Any and all other consultants , including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).
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ITEM NO. 11
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: ANTHONY VEGA, POLICE CHIEF
SUBJECT: APPROVE CONTRACT AGREEMENT WITH SOCIAL WORK
ACTION GROUP (SWAG).
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Dispense with competitive bidding in accordance with Colton Municipal Code Section
3.08.140(e); and,
2. Approve an agreement between the City of Colton and Social Work Action Group (SWAG) to assist with increase of unsheltered, homeless individuals in the City in the amount of $271,188.
BACKGROUND
The City of Colton has seen an unfortunate increase in the total number of unhoused adults and children over the past several years. Acc ording to the latest 2024 Point -In-Time Count conducted in San Bernardino County, the City currently has a total of 348 individuals classified as being unhoused, compared to a total of 212 in 2023. This increase highlights the growing challenge of addressing homelessness in our community and underscores the need for continued efforts and resources to support those affected.
ISSUES/ANALYSIS
Due to the increase in unhoused individuals within the City, the Police Department has been striving to expand our MET Team, which addresses the needs of unhoused individuals as part of 11 Packet Pg. 274
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Contract Award - SWAG
August 6, 2024
their responsibilities. The Police Department is seeking to partner with the Social Work Action Group (SWAG) to provide services to the homeless community within the city limits.
SWAG focuses on assisting unsheltered individuals, families, and encampments to reduce the number of visible homeless residents in the City of Colton. Through this partnership, the Police Department will collaborate with SWAG to identify individuals and geogr aphical areas of concern, thereby prioritizing our efforts. SWAG is equipped to provide consistent outreach and case management services to those most in need, with the goal of achieving permanent housing.
Additionally, this partnership aims to reduce th e homeless population both visibly and as documented in the annual Point -In-Time count. By engaging, educating, and encouraging the Colton community to collaborate, we aim to spread the message of assistance and create a more effective support network for those in need.
The agreement with SWAG would consist of two (2) Outreach Specialists/Case Managers and one (1) manager for forty (40) hours per week (excluding six (6) holidays). The total cost for the partnership will be $271,188.
Based on the needs o f the City, we would like to respectfully ask to forego the competitive bidding process , using CMC 3.08.140 (e) – Exceptions to competitive bidding – Non-Public Projects, which states the “Purpose of Bidding is Otherwise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non -Public Projects under this chapter. Prior City Council concurrence with the City Manager's determination shall be required fo r Non -Public Project purchases over one hundred thousand dollars.”
FISCAL IMPACTS
Sufficient appropriations for the agreement with SWAG are available in the FY2024-25 adopted budget in General Fund Police Administration Professional Services Account Number 100-6070- 6071-2350-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Colton FY24-25 Service Proposal
11 Packet Pg. 275
1 Social Work Action Group Addressing the Homeless in the City of Colton FY 2024-2025 Strategic Plan To address the increase of unsheltered homeless individuals in the City of Colton, Social Work Action Group (SWAG) has prepared a Strategic Plan of Action. The Strategic Plan specifically targets unsheltered individuals, families, and encampments to reduce the number of visible homeless residing in the City of Colton. With the assistance of Colton Police Department, SWAG will identify individuals and geographical areas of concern to prioritize our efforts. SWAG will provide consistent outreach and case management services to those most in need with the ultimate goal of permanent housing. SWAG will reduce the homeless population both visibly and documented through the annual Point-in-Time Count. Simultaneously, SWAG will engage, educate, and encourage the community of Colton to collaborate efforts and spread the message of Responsible Compassion. 1. Census of unsheltered homeless In every community, it is vital to conduct a thorough and comprehensive census of the unsheltered homeless population. City staff, Colton Police Department, and SWAG will work together to accurately locate, identify, survey and track, through the creation of a by-name list. A comprehensive assessment will provide an in-depth look at the individual, the circumstances and incidents that led to homelessness, such as severe trauma(s). We will also detail one’s connections and support systems in the city to leverage those individuals and incorporate those resources. This information will be used to develop an individualized action plan. This will be done on an ongoing basis as new individuals enter the city. 2. Outreach to the unsheltered homeless Street outreach must be intensive, consistent, and strategic and needs the partnership of law enforcement and successful utilization and navigation of systems of care; behavioral health, and substance abuse treatment. Our team is comprised of individuals with specialized backgrounds in behavioral health, substance abuse, and social work who have a fundamental understanding of human development and behaviors. When we develop an action plan, we follow a flow chart that directs our activities and interactions with the individual to achieve specific outcomes, both short and long term. 3. Outreach to the community at-large SWAG will develop informational content, which will include material for an anti-panhandling/ compassionate giving campaign and disseminate it throughout the community, as we believe coordination of efforts is essential. The campaign will encourage stakeholders, faith-based groups, community groups, businesses, and concerned residents to discourage well-intended
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Attachment: Colton FY24-25 Service Proposal (4602 : Contract Award - SWAG) 2 activities that enable the chronically homeless to remain on the streets and focus their efforts on long-term solutions. This will be done through the distribution of posters, flyers and electronic format. SWAG will begin with addressing community partners, which include first responders, service providers, faith-based organizations, non-profits, community groups and businesses. 4. Trip Home/ Family Reunification When an individual is found living on the streets of Colton and wants to reconnect with family or a positive support system, we will initiate the Trip Home/ Family Reunification process. First, SWAG will contact the family/ support system to ensure they are willing to accept and house the individual. Next, the Family Reunification/ Trip Home request will be submitted to the SWAG Project Coordinator for approval. The SWAG Outreach Team will purchase a Greyhound bus ticket and ensure the individual boards the bus. SWAG team will contact the family or support system to confirm the individual made it to the destination. Finally, SWAG will submit a request for reimbursement for the cost of Greyhound bus ticket along with all applicable documentation. Scope of Services Social Work Action Group (SWAG) will work in conjunction with the City of Colton to facilitate and lead the overall scope of homeless services for the City of Colton. Homeless Outreach team members will serve the project on a full-time, 40 hours per week basis. The SWAG homeless services team will follow a Monday-Friday, 7:30am-4:30pm schedule. The term of services will be October 1, 2024-June 30, 2025. SWAG will provide the following activities and services: • Assist with the organization and facilitation of the Point-in-Time Count for January 2025. • Respond to homeless service requests made by city staff, and law enforcement in a timely manner. • Provide immediate crisis stabilization to those experiencing behavioral health, physical crisis and emergencies and connection to behavioral health and substance abuse treatment services. • Case manage individuals that are in treatment and temporary living situations to help ensure they do not return to the streets. • All individuals encountered will be included in the by-name census for the City of Colton. • Facilitate trips home/family reunification utilizing bus trips for individuals wanting to reunite with an identified support system that is out of the Colton area. • Individuals found living on the streets will be assisted with obtaining admittance and transportation to emergency shelter, transitional and permanent housing options. • Conduct San Bernardino County housing assessments (including VI-SPDAT when applicable) to unsheltered homeless individuals and families and provide navigation services. • Facilitate community asset mapping for strategic coordination and alignment of community resources that serve at-risk/homeless population. • Connect homeless population to appropriate housing solutions throughout San Bernardino County. • Provide support to the City of Colton through trainings, presentations and sharing updates related to trends in regional homeless efforts. • Attend and participate in City Council meetings, as requested.
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Attachment: Colton FY24-25 Service Proposal (4602 : Contract Award - SWAG) 3 Schedule The SWAG homeless services team will follow a Monday-Friday, 7:30am-4:30pm schedule. The term of services will be October 1, 2024- June 30, 2025. Homeless Outreach team members provide full-time, 40 hours per week service, based upon staffing availability. In the event a member of the SWAG Colton team leaves, we will make every attempt to replace that individual as soon as possible. For each hour an Outreach Specialist works, Colton will be billed at a rate of $55.00. • Staff development training is conducted weekly for all SWAG employees (up to 6 hours.) *Each year, employees are provided (Not billed to Colton): • Forty (40) hours of sick time • Accrual of .0308 hours of Paid Time Off (PTO), for each hour worked • Observance the following paid holidays: Memorial Day (5/27/24), 4th of July (7/4/24), Labor Day (9/2/24), Thanksgiving (11/28/24 & 11/29/24), Christmas (12/25/24), New Year’s ( 1/1/25)
2024-2025 City of Colton Monthly Service Agreement EXPENSE CATEGORY Hourly Rate Approx. Monthly Budget Outreach & Case Management Services Outreach Specialist/ Case Manager $55 $9,560 Outreach Specialist/ Case Manager $55 $9,560 Management/ Supervision Oversight $95 $950 Transportation Costs $500 Administration Costs (5%) $1,029 Hotel Stays (Not to exceed without written approval) $1,000 TOTAL PROPOSED MONTHLY BUDGET $22,599
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ITEM NO. 12
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO APPROVE
AMENDMENT NO. 1 TO SECOND AMENDED AND RESTATED
COOPERATIVE AGREEMENT NO.18-1001904-04 WITH THE SAN
BERNARDINO COUNTY TRANSPORTATION AUTHORITY
(SBCTA) FOR THE I-10/ MT. VERNON AVENUE INTERCHANGE
PROJECT (PROJECT), RESOLUTION NO. R-71-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Amendment No. 1 to Second Amended and Restated Cooperative Agreement No.18-1001904-04 between the City of Colton (City) and the San Bernardino County Transportation Authority (SBCTA) for the I-10/ Mt. Vernon Avenue Interchange Project (Project); and
2. Authorize the City Manager to execute the agreement and the City Attorney to approve any minor non-substantive changes on the Cooperative Agreement No.18-1001904-04; and
3. Approve Resolution No. R-71-24 that establishes an additional appropriation for the I -10 Freeway/ Mt. Vernon Avenue Interchange Project in the amount of $1,049,419.
BACKGROUND
The Interstate 10 (I -10) Mount Vernon Avenue Interchange Project is ranked No.8 on the SBCTA Valley Interchange Pr ogram priority list. As directed by the SBCTA Board, project development is to commence on all the remaining interchange projects listed in the top ten - priority list. The scope for the project includes replacing the existing bridge with four lanes, two 12 Packet Pg. 279
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north bound left -turn pocket, sidewalk and bikelane. Attached as Exhibit A is the conceptual plan and Exhibit B is the project visual rendering. Included in the visual rendering is community identification (Colton name and logo). Caltrans approved this concept on 3/11/2021.
ISSUES/ANALYSIS
Cooperative Agreement No. 18-1001904 between the City of Colton and SBCTA defines each Agency’s roles and responsibilities for funding, project approval and environmental document (“PA/ED”), plans, specifications and estimate (“PS&E”), and right of way (“ROW”) phases of the I-10/ Mt. Vernon Avenue Interchange Project. SBCTA is the lead agency for the project.
The Project’s final design and right of way phase is ongoing and scheduled to be completed by December 2024. Construction phase is anticipated to be completed by December 2027. During construction, two lanes (one lane each direction) along Mt. Vernon Avenue bridge will remain open for vehicular and pedestrian traffic.
Amendment to Second Amended and Restated C ooperative Agreement No. 18 -1001904-04, attached as Exhibit C, extends the agreement end date to December 31, 2031. It also includes the current estimated project cost and City’s share for the Project. The current estimated Project cost is $94,124,490. The previous estimated cost is $73,547,657 (prepared in 2022). The difference is related to the increase in construction costs. SBCTA (Public Share) is $89,287,061 (94.9% and $4,837,429 (5.10%) for Colton (Development Share). The City’s previously alloca ted share is $3,788,010 and needs to allocate $1,049,419 to cover the cost increase . The City’s share is funded from Infrastructure (Nexus) Traffic Impact Fund.
FISCAL IMPACTS
Approval of Resolution No. R -71-24 (Exhibit D) will appropriate the addition al City’s share for the construction, landscape maintenance and other remaining phases of the I -10/Mt. Vernon Avenue Interchange Project in the amount of $1,049,419.00. City’s share is funded by Infrastructure (Nexus) Traffic Impact Fee and below is the funding breakdown:
Account No. Resolution No. Funding Amount
249-6150-1503-3890 R-114-16 $ 31,314.00
249-6150-1503-3890 R-67-18 $ 467,906.00
249-6150-1503-3890 R-119-22 $ 3,288,790.00
249-6150-1503-3890 R-71-24 $ 1,049,419.00
Total $ 4,837,429.00
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ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A -Conceptual Plan
2. Exhibit B - Project Visual Rendering
3. Exhibit C - Colton_SBCTA Agreement No. 18-1001904-04
4. Exhibit D- Resolution R-71-24
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xMOUNT VERNON AVENUE IMPROVEMENTS PROJECT
AT INTERSTATE 10
Caroline.Dethlefsen21:1605-AUG-2020halfclr.penEXH-Mt Vernon-Proposed.dgn E
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JUNE 2020
LAYOUT
12.a
Packet Pg. 282
Attachment: Exhibit A -Conceptual Plan (4581 : Cooperative Agreement - SBCTA)
12.b
Packet Pg. 283
Attachment: Exhibit B - Project Visual Rendering (4581 : Cooperative Agreement - SBCTA)
18-1001904-04
AMENDMENT NO. 1 TO
SECOND AMENDED AND RESTATED
COOPERATIVE AGREEMENT NO. 18-1001904 (18-1001904-04)
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
CITY OF COLTON
FOR
PROJECT INITIATION DOCUMENT (PID), PROJECT APPROVAL AND
ENVIRONMENTAL DOCUMENT (PA/ED),
PLANS, SPECIFICATIONS AND ESTIMATE (PS&E), RIGHT OF WAY (ROW), AND
CONSTRUCTION AND LANDSCAPE MAINTENANCE PHASES
FOR THE MOUNT VERNON AVENUE AT INTERSTATE 10 (I-10) INTERCHANGE
IN THE CITY OF COLTON
THIS AMENDMENT No. 1 to the SECOND AMENDED AND RESTATED COOPERATIVE AGREEMENT 18-1001904 (herein referred to as Amendment “18 -1001904-04”) is made and entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and the City of Colton (“CITY”). SBCTA and CITY may be referred to individually herein as a “Party” and collectively “Parties”.
WHEREAS, on March 9, 2016, the PARTIES entered into Cooperat ive Agreement No. 15- 1001228 (Agreement No. 15-1001228) which provided for SBCTA to be lead agency to study and document the PROJECT as part of the Project Study Report/Project Developme nt Support (PSR/PDS) document; and
WHEREAS, on August 8, 201 8, the PARTIES ent ered into Cooperative Agreement No. 18- 1001904 (Agreement No. 18-1001904) which provided for SBCTA to be lead agency on Project Management, PA/ED, PS&E, and ROW phases for the PROJECT; and
WHEREAS, on December 31, 2018, the term of Agreement No. 15-1001228 expired; and
WHEREAS, on March 21, 2019, the PARTIES amended and restated Agreement No. 18-1001904 (“AGREEMENT”) to combine the roles and responsibilities of Agreement No. 15 -1001228 with Agreement No. 18 -1001904 and to delineate roles, responsibilities, and fun ding commitments relative to Project Management, PID, PA/ED, PS&E, and ROW activities of the PROJECT; and
12.c
Packet Pg. 284
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-04 (4581 : Cooperative Agreement - SBCTA)
18-1001904-04
WHEREAS, on April 19, 2022, the PARIES amended this AGREEMENT to reconcile the underpayment and overpayment of Developer Share and Public Share fund s, respectively, in the amount of $37,080 identified in the November 2021 Final Project Expenditure S ummary (FPES) for the I-10/Pepper Avenue Interchange Project.
WHEREAS, on February 2, 2023, the PARIES amended and restated the AGREEMENT to include the construction phase and add construction capital funds.
WHEREAS, the PARTIES desire to further amend this AGREEMENT to increase the cost estimate of the project to $94,124,490.
WHEREAS, the PARTIES desire to further amend this AGREEMENT to extend the expi ration date by five years to December 31, 2031, to cover final design, construction, plant establishment, extended landscape maintenance, and closeout.
NOW, THEREFORE, the PARTIES agree to amend the AGREEMENT as follows:
1. Section I.B. is revised in its entirety to read as follows:
“Unless this AGREEMENT is terminated early as provided in Section V, Paragraph F, this AGREEMENT shall terminate upon completion of the PARTIES’ obligations associated with the project initiation document (“PID”), proj ect approval and environmental document (“PA/ED”), plans, specifications and estimate (“PS&E”), and right of way (“ROW”), Construction and Landscape Maintenance phases described herein or December 31, 2031 , whichever is earlier in time. The indemnification provisions identified in Section V, Paragraphs D through E shall survive the termination of this AGREEMENT. Should any claims arising out of this AGREEMENT be asserted against one of the PARTIES prior to the termination of this AGREEMENT, the AGREEMENT shall be extended until such time as the claims are settled, dismissed or paid.”
2. Attachment A-2 is revised in its entirety to read as reflected in Attachment A-3, attached to this Amendment 18-1001904-04.
3. Except as otherwise provided in this Amendment 18-1001904-04, all other provisions of the AGREEMENT, including all previous amendments, shall remain in full force and effect.
4. The AGREEMENT and all amendments are incorporated into this Amendment 18-1001904- 04, by this reference.
------------ SIGNATURES ON THE FOLLOWING PAGE ------------
12.c
Packet Pg. 285
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-04 (4581 : Cooperative Agreement - SBCTA)
18-1001904-04
IN WITNESS THEREOF , this Amendment 18 -1001904-04 has been executed by the Parties hereto and is effective on the date signed by SBCTA.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
CITY OF COLTON
By:___ ________________________
By:__________________________
Ray Marquez William R. Smith
President, Board of Directors City Manager
Date:__________________________
Date:__________________________
APPROVED AS TO FORM: APPROVED AS TO FORM:
By:____________________________
By:____________________________
Julianna K. Tillquist
General Counsel City Attorney
12.c
Packet Pg. 286
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-04 (4581 : Cooperative Agreement - SBCTA)
18-1001904-04
Attachment A-3
Project Scope:
Improve local traffic operations along Mount Vernon Avenue between East Valley Boulevard and south of the Interstate 10 (I-10) eastbound ramp intersection, by adding left-turn lanes at the five point intersection of Mount Vernon Avenue and East Valley Boulevard.
Project Cost Estimate and Funding Shares:
SBCTA’s Share: Public Share: 94.9%
City’s Share: Development Share or Local Share: 5.1% (City of Colton)
Phase Estimated Cost1 Public Share Development
Share
PID $539,000 $511,511 $27,489
PA/ED $1,833,746 $1,740,225 $93,521
PS&E $2,731,382 $2,592,081 $139,301
ROW $5,083,000 $4,823,767 $259,233
CONSTRUCTION $82,117,362 $77,929,377 $4,187,985
LANDSCAPE
MAINTENANCE $870,000 $825,630 $44,370
SBCTA Oversight $950,000 $901,550 $48,450 Adjustment for
I-10/Pepper FPES2 $0 -$37,080 $37,080
Total $94,124,490 $89,287,061 $4,837,429
1Estimated cost assumes analysis of one build alternative. 2The I-10/Pepper adjustment payment in the amount of $37,080 has been received and processed (Check #200384).
Project Milestones:
Milestone1 Actual
(Forecast)
Start of Project Approval and Environmental Document Phase (PA/ED) 01/2019 Environmental Approval 04/2022
Design Approved and ROW Certified (10/2024)
Complete for Beneficial Use (10/2027)
1Milestone assumes analysis of one build alternative with design variations. Anticipated environmental determination under CEQA is an IS/MND and under NEPA a Categorical Exclusion.
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Packet Pg. 287
Attachment: Exhibit C - Colton_SBCTA Agreement No. 18-1001904-04 (4581 : Cooperative Agreement - SBCTA)
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-71-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 202 4/2025 CAPITAL IMPROVEMENT BUDGET
WHEREAS, the City of Colton (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and,
WHEREAS, the City intends to support the City’s goal to improve the City’s traffic safety and infrastructure; and,
WHEREAS, the City and San Bernardino County Transportation Authority (SBCTA) need to amend Second Amended and Restated Cooperative Agreement (No.18-1001904-04) for the I-10/Mt. Vernon Avenue Interchange Project extending the expiration date by five years to December 31, 20 31 and amending construction estimate from $73,547,657 to $94,124,490; and,
WHEREAS, the City of Colton needs to allocate additional funding for City share in the amount of $ 1,049,419 (5.1% Development Share funds ) to co ver the cost increase of the project and will be provided thru Infrastructure (Nexus) Traffic Impact Fee; and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 202 4/2025 budget is required and must be approved by resolution of the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The City Council authorizes the following amendment for the FY2024/2025 budget:
Appropriate $1,049,419 from reserve balance in Infrastructure (Nexus) Traffic Impact Fund to account number 249-6150-1503-3890 for the I-10/Mt. Vernon Avenue Interchange Project. Sufficient reserve balance is available for the appropriation.
PASSED, APPROVED AND ADOPTED THIS 6th DAY OF AUGUST 2024.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
STEPHANIE VARGAS
Deputy City Clerk
12.d
Packet Pg. 288
Attachment: Exhibit D- Resolution R-71-24 (4581 : Cooperative Agreement - SBCTA)
ITEM NO. 13
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: ANNEXATION NO. 2 - ADOPTION OF RESOLUTION OF
INTENTION TO ANNEX INTO COMMUNITY FACILITIES
DISTRICT NO. 2021-1 (PUBLIC SAFETY) AND RESOLUTION OF
INTENTION TO ANNEX INTO COMMUNITY FACILITIES
DISTRICT NO. 2021-2 (MAINTENANCE SERVICES), RESOLUTION
NO. R-80-24 & R-81-24.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1) Adopt Resolution of Intention of the City Council of the City of Colton, California, with respect to annexation of: Annexation No. 2, into the City of Colton Community Facilities District No. 2021-1 (Public Safety); and
2) Adopt Resolution of Intention of the City Council of the City of Colton, California, with respect to annexation of: Annexation No. 2, into the City of Colton Community Facilities District No. 2021-2 (Maintenance Services).
BACKGROUND
Community Facilities Districts (“CFDs”) are an option for local governments to consider, which impose a special tax to provide a portion of the funding necessary to deliver these services to newly developed areas. If warranted, CFDs are then created pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”). The special tax is then collected with the annual property taxes.
13 Packet Pg. 289
Staff Report to the Mayor and City Council
Intent to Annex No. 2 into CFDs 2021-1 and 2021-2
August 6, 2024
On July 20, 2021, the City Council formed Community Facilities District 2021 -1 (Public Safety) (“CFD 2021-1”) and Community Facilities District 2021-2 (Maintenance Services) (“CFD 2021- 2” and together with CFD 2021-1, the “Districts”).
CFD 2021 -1 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• Police protection services; and
• Fire protection services.
CFD 2021 -2 was formed by the City Council for the purpose of financing certain types of services, including but not limited to the following:
• maintenance and lighting of parks, parkways, streets, roads, and open space; • flood and storm protection services;
• graffiti abatement;
• the operation and maintenance of storm drainage systems; • maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; • and/or any other services authorized under the Act.
DISCUSSION
The City has received a petition from Modern Pacific Homes, LLC, a California limited liability company, and Colton Land and Tower LLC, a Wyoming limited liability company (together the “Owners”), the legal owners of the property proposed to be annexed into each of CFD 2021 -1 and CFD 2021-2, regarding annexation into each of the Districts (each an “Annexation”).
The Annexation for each of the Dist ricts will consist of property located within San Bernardino County, known as Assessor’s Parcel Numbers: 0163-341-05.
The boundaries of each Annexation for each of the Districts is shown in the boundary maps included with this staff report.
In order to initiate annexation into the Districts, the City required that the Owners submit an application, deposit and the petition to annex into the applicable District in accordance with the Act.
Subsequently, the City Council will need to consider approval of e ach of the resolutions of intention to annex territory to the Districts and adopt a boundary map (each a “Resolution of Intention”), which is being presented at this meeting. Each Resolution of Intention: 1) describes the boundaries of the proposed Annexat ion and adopts the boundary map; 2) describes the types of services that will be financed with the special taxes; 3) describes the rate and method of apportionment of the special taxes to be levied on the Annexation property; 4) calls for a public hearing to be held on August 20, 2024 at 5:00 p.m. in the City Council chambers and; 5) calls for 13 Packet Pg. 290
Staff Report to the Mayor and City Council
Intent to Annex No. 2 into CFDs 2021-1 and 2021-2
August 6, 2024
the preparation of a report containing a complete description of public services, and estimated costs and particulars on the rate and method of apportionment of special taxes.
If each Resolution of Intention is adopted, the City must publish a public hearing notice in a local paper and mail such public hearing notice to the property owners pertaining to each of CFD 2021-1 and CFD 2021 -2. At its August 20, 2024, meeti ng, the City Council will conduct the public hearing. After the public hearing has been held, the City Council may adopt the resolutions authorizing the Annexation into CFD 2021-1 and CFD 2021-2 and calling an election in each of the Districts regarding th e levy of special taxes within each of the Districts for each Annexation.
The annexation of the territory to each of the Districts and the levy of the proposed special taxes within such areas shall be subject to approval of the qualified electors of each Annexation at a special election for each of the Districts, which can be held on the same day as the respective public hearing if all the land owners consent to such date in writing. Ballots will be provided to the respective qualified electors in each of the Districts in accordance with the Act. The ballots are then counted, and if each Annexation is approved by the respective qualified electors, the City adopts the resolution declaring the election results for each election.
Following adoption of such re solutions, the City Council will consider adoption of an ordinance for each of the Districts authorizing the levy of special taxes within each Annexation area.
Exempt from CEQA
These actions are not subject to the requirements of the California Environ mental Quality Act (“CEQA”). The approval of the resolutions it is not a “project” within the meaning of 14 CCR Section 15378 (“State CEQA Guidelines”) because it has no potential for resulting in direct or indirect physical change in the environment. Th e special taxes are exempt from CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a) because such special taxes are necessary and reasonable to fund the administration, operation, and maintenance of the public services to be provided.
FISCAL IMPACT
The special tax revenues proposed to be levied by each of CFD 2021 -1 and CFD 2021 -2 will offset the cost of providing the respective increased City services, which are a result of the new development.
ALTERNATIVES
1. Provide alternative direction to City staff.
ATTACHMENT
13 Packet Pg. 291
Staff Report to the Mayor and City Council
Intent to Annex No. 2 into CFDs 2021-1 and 2021-2
August 6, 2024
1. City of Colton CFD No. 2021-1 Annexation No 2 Map-c1
2. City of Colton CFD No. 2021-2 Annexation No 2 Map-c1
3. Resolution R-80-24 Colton Annex No. 2 (CFD 2021-1) (Modern Pacific) - Resolution of Intention-c1
4. Resolution R-81-24 Colton Annex No. 2 (CFD 2021-2) (Modern Pacific) - Resolution of Intention-c1
13 Packet Pg. 292
Legend
Proposed Annexation Boundary
MAP REFERENCE NUMBER
0 440 880220
Feet
VICINITY MAP
#
ANNEXATION MAP NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(PUBLIC SAFETY)
CITY OF COLTON
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF
CITY OF COLTON THIS _____ DAY OF
_____________, 20__.
______________________________
CITY CLERK
CITY OF COLTON
I HEREBY CERTIFY THAT THE WITHIN MAP
SHOWING THE PROPOSED BOUNDARIES OF
ANNEXATION MAP NO. 3 OF COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (PUBLIC
SAFETY) OF THE CITY OF COLTON, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF CITY OF
COLTON AT A REGULAR MEETING THEREOF,
HELD ON THIS ______ DAY OF ___________,
20____, BY ITS RESOLUTION NO. ____________.
_______________________________
CITY CLERK
CITY OF COLTON
REFERENCE IS MADE TO THAT BOUNDARY MAP
OF THE COMMUNITY FACILITIES DISTRICT NO.
2021-1 (PUBLIC SAFETY) OF THE CITY OF
COLTON RECORDED WITH THE SAN
BERNARDINO COUNTY RECORDER'S OFFICE ON
JUNE 30, 2021 IN BOOK 89, PAGE 77 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, AS INSTRUMENT NO. 2021-0296813.
THE LINES AND DIMENSIONS OF EACH LOT OR
PARCEL SHOWN ON THIS DIAGRAM SHALL BE
THOSE LINES AND DIMENSIONS AS SHOWN ON
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS FOR THOSE PARCELS LISTED.
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS SHALL GOVERN FOR ALL DETAILS
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT
NUMBER ______________, THIS ________ DAY OF
__________, 20___, AT _________ M, IN BOOK
_______ OF _____________________ AT
PAGE_____, AT THE REQUEST OF
________________________ IN THE AMOUNT OF
$_________.
CHRIS WILHITE
ASSESSOR-RECORDER-CLERK
COUNTY OF SAN BERNARDINO
BY: ____________________________
DEPUTY RECORDER
SHEET 1 OF 1
27368 VIA INDUSTRIA, #200
TEMECULA, CA 92590
PH: (951) 587-3500
1 I-215
I-10
60 SITE
/
MAP REFERENCE
NUMBER
ASSESSOR'S PARCEL
NUMBER
1 0163-341-05
LITTON AVE
BOSTICK AVE
CORDOVA AVE
ROSEDALE AVE
SEVILLE ST
PALM AVE
LOMA ROJA
LOMA VERDE
LA CADENA DR
TERRACE AVE
WALNUT AVE
BARTON RD
MERRYFIELDS AVE
TERRACE VIEW DR
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Attachment: City of Colton CFD No. 2021-1 Annexation No 2 Map-c1 [Revision 1] (4612 : Intent to Annex No. 2 into CFDs 2021-1 and 2021-2) Legend
Proposed Annexation Boundary
MAP REFERENCE NUMBER
0 450 900225
Feet
VICINITY MAP
#
ANNEXATION MAP NO. 2 OF
COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES)
CITY OF COLTON
COUNTY OF SAN BERNARDINO
STATE OF CALIFORNIA
FILED IN THE OFFICE OF THE CITY CLERK OF
CITY OF COLTON THIS _____ DAY OF
_____________, 20__.
______________________________
CITY CLERK
CITY OF COLTON
I HEREBY CERTIFY THAT THE WITHIN MAP
SHOWING THE PROPOSED BOUNDARIES OF
ANNEXATION MAP NO. 3 OF COMMUNITY
FACILITIES DISTRICT NO. 2021-2 (MAINTENANCE
SERVICES) OF THE CITY OF COLTON, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, WAS
APPROVED BY THE CITY COUNCIL OF CITY OF
COLTON AT A REGULAR MEETING THEREOF,
HELD ON THIS ______ DAY OF ___________,
20____, BY ITS RESOLUTION NO. ____________.
_______________________________
CITY CLERK
CITY OF COLTON
REFERENCE IS MADE TO THAT BOUNDARY MAP
OF THE COMMUNITY FACILITIES DISTRICT NO.
2021-2 (MAINTENANCE SERVICES) OF THE CITY
OF COLTON RECORDED WITH THE SAN
BERNARDINO COUNTY RECORDER'S OFFICE ON
JUNE 30, 2021 IN BOOK 89, PAGE 78 OF MAPS OF
ASSESSMENT AND COMMUNITY FACILITIES
DISTRICTS, AS INSTRUMENT NO. 2021-0296814.
THE LINES AND DIMENSIONS OF EACH LOT OR
PARCEL SHOWN ON THIS DIAGRAM SHALL BE
THOSE LINES AND DIMENSIONS AS SHOWN ON
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS FOR THOSE PARCELS LISTED.
THE SAN BERNARDINO COUNTY ASSESSOR'S
MAPS SHALL GOVERN FOR ALL DETAILS
SAN BERNARDINO COUNTY RECORDER'S
CERTIFICATE
THIS MAP HAS BEEN FILED UNDER DOCUMENT
NUMBER ______________, THIS ________ DAY OF
__________, 20___, AT _________ M, IN BOOK
_______ OF _____________________ AT
PAGE_____, AT THE REQUEST OF
________________________ IN THE AMOUNT OF
$_________.
CHRIS WILHITE
ASSESSOR-RECORDER-CLERK
COUNTY OF SAN BERNARDINO
BY: ____________________________
DEPUTY RECORDER
SHEET 1 OF 1
27368 VIA INDUSTRIA, #200
TEMECULA, CA 92590
PH: (951) 587-3500
1 I-215
I-10
60 SITE
/
MAP REFERENCE
NUMBER
ASSESSOR'S PARCEL
NUMBER
1 0163-341-05
LITTON AVE
BOSTICK AVE
CORDOVA AVE
ROSEDALE AVE
SEVILLE ST
PALM AVE
LOMA ROJA
LOMA VERDE
LA CADENA DR
TERRACE AVE
WALNUT AVE
BARTON RD
MERRYFIELDS AVE
TERRACE VIEW DR
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Attachment: City of Colton CFD No. 2021-2 Annexation No 2 Map-c1 [Revision 1] (4612 : Intent to Annex No. 2 into CFDs 2021-1 and 2021-2) 23152.07407\42336068.1
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RESOLUTION NO. R-80-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, DECLARING INTENTION TO
ANNEX TERRITORY TO THE CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC
SAFETY) AND ADOPTING A MAP OF THE AREA
PROPOSED TO BE ANNEXED THERETO (ANNEXATION
NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021 -1 (Public Safety), County of San Bernardino, State of California (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from Modern Pacific Homes LLC, a California limited liability company and Colton Land and Tower LLC, a Wyoming limited liability company (together referred to as the “Owner”) , the owner of certain real property within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing (a) p olice protection services and (b) fire protection services (the “Services”); and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and WHEREAS, the City Council is autho rized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
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SECTION 2. Name of District. The name of the existing Community Facilities District is “City of Colton Community Facilities District No. 2021 -1 (Public Safety), County of San Bernardino, State of California.”
SECTION 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for the annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
SECTION 4. Description of Territory Proposed To Be Annexed; Annexation Map . The territory which is included in the District is described on the map of the District recorded on June 30, 2021, in Book 89 of Assessment and Maps, at Page 7 7, and as File No. 2021 -0296813 in the official records of the County of San Bernardino. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereo f entitled “Annexation Map No. 2, of Community Facilities District No. 2021 -1 (Public Safety) , City of Colton, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).
SECTION 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
(a) Police protection services; and
(b) Fire protection services.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District.
SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 5 above and the annual administrative expenses of the City and the District in determining, apportioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, t he special taxes shall be collected in the same manner as
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ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes .
However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other par cel or parcels within the District by more than ten percent (10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
SECTION 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, federal, and local governments shall be exempt from the levy of special taxes of the District.
SECTION 9. Necessity. The City Council finds that the Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of the proposed annexation of territory to the District.
SECTION 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 5:00 p.m. on August 20, 2024, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, California 92324.
SECTION 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first -class mail to each registered voter and to each landowner within the proposed District as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.
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SECTION 12. Report. The officers of the City who are responsible for providing the Services to be financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of th e California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providi ng those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof.
SECTION 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons are registered to vote within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to the qualified electors of the territory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 persons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election s hall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section
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53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be ann exed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the California Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specif ied by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identification envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all the landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the
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City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner - voter and the number of votes to be voted by the landowner -voter, and shall have appended to it a certif ication to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and fu rther certifying as to the acreage of the landowner -voter's land ownership within the territory proposed to be annexed to the District. (6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envel ope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Cler k properly voted as provided thereon and with the certification appended thereto properly completed and signed in the sealed return
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identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election.
(8) Upon receipt of the return identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
BE IT FURTHER RESOLVED AND ORDERED
The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 6th day of August, 2024 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:
STEPHANIE VARGAS
Deputy City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property is identified as San Bernardino County, Assessor’s Parcel Numbers:
APN LIST
0163-341-05-0000
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EXHIBIT B
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
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RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021 -1 (Public Safety), County of San Bernardino, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Colton Community Facilities District No. 2021-1 (Public Safety), (“CFD 2021-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2021-22, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-1: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-1, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-1, and any and all other costs incurred in connection with the administration of CFD 2021-1.
“Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside-San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Building Permit” means a permit issued for new construction of a residential dwelling or non- residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
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“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-1.
“CFD 2021-1” means City of Colton Community Facilities District No. 2021-1 (Public Safety) established by the City Council under the Act.
“City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-
1. “County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels within CFD 2021-1 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June
30. “Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any, Residential Property, Public Property and Property Owner Association Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
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“Public Safety Services” means those authorized services that may be funded by CFD 2021-1 pursuant to the Act, as amended including but not limited to police protection services and fire suppression services.
“Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Public Safety Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Public Safety Services, (iv) pay incidental expenses related to the Public Safety Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year. “Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2021-22, using the definitions above, each Assessor’s Parcel within CFD 2021-1 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2021-22 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
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C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2021-22 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$305 per
Residential Unit
Multi-Family Residential
Property
$214 per
Residential Unit
For each subsequent Fiscal Year following Fiscal Year 2021-22, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2021-22 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-1 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property
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be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-1.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
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RESOLUTION NO. R-81-24
RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF COLTON, CALIFORNIA, DECLARING
INTENTION TO ANNEX TERRITORY TO THE CITY OF
COLTON COMMUNITY FACILITIES DISTRICT NO. 2021-
2 (MAINTENANCE SERVICES) AND ADOPTING A MAP
OF THE AREA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 2)
WHEREAS, the City Council (the “City Council”) of the City of Colton (the “City”) has established the City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of Californ ia (the “District”) for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and
WHEREAS, the City Council has received a written petition from Modern Pacific Homes LLC, a California limited liability company and Colton Land and Tower LLC, a Wyoming limited liability company (together referred to as the “Owner”), the owner of certain real property within the City requesting that such property be annexed to the District in order that they may be developed and receive the benefit of services which will be financed by the annual levy of special taxes on said property for the purpose of financing (a) maintenance and lighting of parks, parkways, streets, roads, and open space; (b) flood and storm protection services, (c) graffiti abatement, (d) the operation and maintenance of storm drainage systems; (e ) operation and maintenan ce of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City; and/or (f ) any other services authorized under the Act (together referred to as the “Services”); and agreeing to the annual levy of special taxes on said property sufficient to pay the costs of such Services and costs incidental thereto; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello -Roos Community Facilities Act of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5.
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NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Recitals. The above recitals are true and correct and are hereby incorporated into this resolution.
SECTION 2. Name of District. The name of the existing Community Facilities District is City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of California.
SECTION 3. Intention. The City Council declares its intention to conduct proceedings pursuant to said Article 3.5 for t he annexation to the District of the territory described in Exhibit “A” attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the District.
SECTION 4. Description of Territory Prop osed To Be Annexed; Annexation Map . The territory which is included in the District is described on the map of the District recorded on June 30, 2021, in Book 89 of Assessment and Maps, at Page 78, and as File No. 2021 -0296814 in the official records of the County of San Bernardino. The territory proposed to be annexed to the District is described in Exhibit “A” attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled “Annexation Map No. 2, of Community Facilities District No. 2021-2 (Maintenance Services), City of Colton, County of San Bernardino, State of California,” which is on file with the City Clerk (the “Annexation Map”).
SECTION 5. Types of Services; Incidental Expenses. A general description of the services which are to be funded with the revenues from special taxes which are to be levied on parcels of taxable property within the District is as follows:
(a) maintenance services, including but not limited to:
(i) maintenance and lighting of parks, parkways, streets, roads, and open space; (ii) flood and storm protection services;
(iii) graffiti abatement;
(iv) the operation and maintenance of storm drainage systems; (v) maintenance and operation of any real property or other tangible property
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with an estimated useful life of five or more years that is owned by the City; (vi) and/or any other services authorized under the Act.
The District shall also finance costs associated with the determination of the amount of and the levy and collection of special taxes which are levied to provide such services and costs otherwise incurred in order to carry out the authorized purposes of the District.
SECTION 6. Special Taxes. Except where funds are otherwise available, special taxes sufficient to pay the costs of the Services provided for in Section 5 above and the annual administrative expenses of the City and the District in determining, app ortioning, levying and collecting such special taxes, shall be annually levied within the District. Pursuant to Section 53340 of the California Government Code, the special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.
However, under no circumstances shall the special tax levied against any parcel subject to the levy of the special tax pursuant to the rates and method of apportionment be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent (10%). The rate and method of apportionment of said special taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
SECTION 7. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the A nnexation Map as the map of the area proposed to be annexed to the District. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation Map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 10 hereof.
SECTION 8. Exempt Properties. Pursuant to Section 53340 of the California Government Code, properties of entities of the state, feder al, and local governments shall be exempt from the levy of special taxes of the District.
SECTION 9. Necessity. The City Council finds that the Services described in Section 5 hereof are necessary to meet increased demands placed upon the City as a result of development
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occurring within the boundaries of the proposed annexation of territory to the District.
SECTION 10. Hearing on Annexation of Territory. A public hearing on the annexation of territory into the District shall be held at 5:00 p.m. on August 20, 2024, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, California 92324.
SECTION 11. Notice. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the California Government Code, and shall also give notice of the time and place of said hearing by first -class mail to each registered voter and to each landowner within the proposed District as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322.
SECTION 12. Report. The officers of the City who are responsible for providing the Services to be financ ed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section 53321.5 of the California Government Code to study the proposed annexation and, at or before the time of said hearing, file or cause to be filed a report with the City Council containing a brief description of the Services by type and an estimate of the cost of providing those Services and the incidental expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof.
SECTION 13. Description of Voting Procedures. The voting procedures to be followed in conducting the election on the proposition with respect to the levy o f special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of the close of the public or protest hearing (hereinafter referred to as the "protest hearing") at least 12 persons are registered to vo te within the territory proposed to be annexed to the District, the election shall be conducted by the City Clerk, and shall be held on a date selected by the City Council in conformance with the provisions of Section 53326 of the California Government Code ("Section 53326") and pursuant to the applicable provisions of law regulating elections of the City, insofar as they may be applicable, and pursuant to Section 53326 the ballots for the election shall be distributed to
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the qualified electors of the terri tory proposed to be annexed to the District by mail with return postage prepaid and the election shall be conducted as a mail ballot election. (b) If at the time of the close of the protest hearing, and for at least the preceding 90 days, less than 12 pers ons have been registered to vote within the territory proposed to be annexed to the District, and pursuant to Section 53326, the vote is therefore to be by the landowners of that territory, with each landowner of record at the close of the protest hearing having one vote for each acre or portion of an acre of land that he or she owns, the election shall be conducted by the City Clerk as follows:
(1) The election shall be held on the earliest date following the conclusion of the protest hearing upon which i t can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of land within the territory proposed to be annexed to the District and the City Clerk agree and concur is acceptable.
(2) Pursuant to Section 53326, the election may be held earlier than 90 days following the close of the protest hearing if the qualified electors of the territory proposed to be annexed to the District waive the time limits for conducting the election set forth in Section 53326 by unanimous written consent and the City Clerk concurs in such earlier election date as shall be consented to by the qualified electors.
(3) Pursuant to Section 53326, ballots for the election shall be distributed to the qualified electors by the City Clerk by mail with return postage prepaid or by personal service.
(4) Pursuant to applicable provisions of law regulating elections of the City which govern the conduct of mail ballot elections, and Division 4 (commencing with Section 4000) of the Califor nia Elections Code with respect to elections conducted by mail, the City Clerk shall mail or deliver to each qualified elector an official ballot in a form specified by the City Council in the resolution calling the election, and shall also mail or deliver to all such qualified electors a ballot pamphlet
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and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pursuant to Section 9401 of the said Code, an impartial analysis by the City Attorney pursuant to Section 9280 of the said Code with respect to the ballot proposition contained in the official ballot, ballot arguments and rebuttals, if any, pursuant to Sections 9281 to 9287, inclusive, of said Code, a return identificat ion envelope with prepaid postage thereon addressed to the City Clerk for the return of voted official ballots, and a copy of this resolution; provided, however, that such statement, analysis and arguments may be waived with the unanimous consent of all th e landowners of the territory proposed to be annexed to the District and shall be so stated in the resolution adopted by the City Council calling the election.
(5) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner - voter and the number of votes to be voted by the landowner -voter, and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the proposition set forth in the official ballot as marked thereon in the voting square opposite such proposition, and further certifying as to the acreage of the landowner -voter's land ownership within the territory proposed to be annexed to the District. (6) The return identification envelope delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of
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perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed nam e and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of said declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk.
(7) The information-to-voter form to be mailed or delivered by the City Clerk to the landowner -voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended thereto properly comp leted and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 5:00 o'clock p.m. on the date of the election.
(8) Upon receipt of the r eturn identification envelopes which are returned prior to the voting deadline on the date of the election, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council at its next regular meeting regarding the results of such canvass and the election.
The procedures set forth in this section for conducting the election may be modified as the City Council may determine to be necessary or desirable by a resolution subsequently adopted by the City Council.
BE IT FURTHER RESOLVED AND ORDERED
The Deputy City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Colton, this 6th day of August, 2024 by the following vote:
AYES:
NAYS:
ABSENT:
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ABSTAIN:
City of Colton
FRANK J. NAVARRO
Mayor
ATTEST:
STEPHANIE VARGAS
Deputy City Clerk
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property is identified as San Bernardino County, Assessor’s Parcel Numbers:
APN LIST
0163-341-05-0000
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EXHIBIT B
RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
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RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021 -2 (Maintenance Services), County of San Bernardino, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), (“CFD 2021-2”), other than Assessor’s Parcels classified as Exempt Property as defined herein, and collected each Fiscal Year commencing in Fiscal Year 2021-22, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within CFD 2021-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2021-2: the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures, the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2021-2, fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2021-2, and any and all other costs incurred in connection with the administration of CFD 2021-2.
“Annual Escalation Factor” means the annual percentage increase of the All Urban Consumers Consumer Price Index (“CPI”) or two percent (2%), whichever is greater. The annual CPI used shall be for the area of Riverside-San Bernardino-Ontario, CA as determined by the Bureau of Labor Statistics for the twelve (12) months ending the preceding December 31, or such other replacement index as may be determined by the City.
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Building Permit” means a permit issued for new construction of a residential dwelling or non- residential structure. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
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“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2021-2.
“CFD 2021-2” means City of Colton Community Facilities District No. 2021-2 (Maintenance Services) established by the City Council under the Act. “City” means the City of Colton.
“City Council” means the Council of the City of Colton, acting as the legislative body of CFD 2021-
2. “County” means the County of San Bernardino.
“Developed Property” means an Assessor’s Parcel of Taxable Property for which a Building Permit was issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels within CFD 2021-2 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June
30. “Land Use Type” means any of the land use types listed in Table 1 below. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Multi-Family Residential Property” means all Assessor’s Parcels of Residential Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management.
“Non-Residential Property” means any Assessor’s Parcel classified as Developed Property, which is not classified as any, Residential Property, Public Property and Property Owner Association Property.
“Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2021-2 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels within each Land Use Class. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof.
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“Maintenance Services” means those authorized services that may be funded by CFD 2021-2 pursuant to the Act, as amended including but not limited to graffiti abatement and maintenance, operations, servicing and periodic replacement of park facilities. “Residential Property” means all Assessor’s Parcels of Developed Property within CFD 2021-2 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Single Family Residential Property” means all Assessor’s Parcels of Residential Property not classified as Multi-Family Residential Property.
“Special Tax” means the special tax authorized to be levied within CFD 2021-2 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Maintenance Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Maintenance Services, (iv) pay incidental expenses related to the Maintenance Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year. “Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.
B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2021-22, using the definitions above, each Assessor’s Parcel within CFD 2021-2 shall be classified by the CFD Administrator as Taxable Property or Exempt Property.
In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Commencing with Fiscal Year 2021-22 and for each subsequent Fiscal Year, all Taxable Property shall be assigned a Land Use Type and subject to the levy of the Special Tax pursuant to Section C below.
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C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2021-22 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$59 per Residential
Unit
Multi-Family Residential
Property
$41 per Residential
Unit
For each subsequent Fiscal Year following Fiscal Year 2021-22, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
2. Undeveloped Property
Each Fiscal Year commencing in Fiscal Year 2021-22, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.
For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.
D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2021-22 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2021-2 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2021-2 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.
Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property
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be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.
E. PREPAYMENT OF SPECIAL TAX
The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized services and therefore may not be prepaid.
F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.
G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.
H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2021-2.
I. DURATION OF TAX
The Special Tax shall be levied in perpetuity to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.
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ITEM NO. 14
STAFF REPORT
DATE: AUGUST 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: AUTHORIZATION FOR THE ANNUAL LEVY OF SPECIAL TAXES WITHIN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (PUBLIC SAFETY) AND COMMUNITY FACILITIES DISTRICT NO. 2021-2
(MAINTENANCE SERVICES), RESOLUTION NO. R-82-24 & R-83-
24. RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1) Adopt a Resolution of the City Council of the City of Colton, California, Authorizing the Levy of a Special Tax in the City of Colton Community Facilities District No. 2021-1 (Public Safety) for Fiscal Year 2024/2025; and
2) Adopt a Resolution of the City Council of the City of Colton, California, Authorizing the Levy of a Special Tax in the City of Colton Community Facilities District No. 2021-2 (Maintenance Services) for Fiscal Year 2024/2025.
BACKGROUND
Community Facilities Districts (“CFDs”) are an option f or local governments to consider, which impose a special tax to provide for the funding necessary to deliver needed public services to the property within such CFD. CFDs are created pursuant to the Mello -Roos Community Facilities Act of 1982 (the “Act”). T he special tax is collected with the annual property taxes collected by the county. This item seeks to gain the needed annual authorization to enroll the annual special taxes for fiscal year 2024/2025.
On July 20, 2021, the City Council formed Community Facilities District No. 2021 -1 (Public Safety) (“CFD 2021 -1”) and Community Facilities District No. 2021 -2 (Maintenance Services) 14 Packet Pg. 324
Staff Report to the Mayor and City Council
Levy of Special Taxes in CFDs No. 2021-1 and 2021-2
August 6, 2024