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
Ernest R. Cisneros - District 2
Kenneth J. Koperski - District 3
Dr. Luis S. Gonzalez - District 4
John R. Echevarria - District 5
Isaac T. Suchil - District 6
City Treasurer Aurelio De La Torre
City Manager William R. Smith
City Attorney Carlos Campos
City Clerk Carolina R. Padilla
AGENDA
CITY COUNCIL,
COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,
COLTON HOUSING AUTHORITY
REGULAR MEETING
TUESDAY, SEPTEMBER 20, 2022 – 5:00 P.M.
CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.
NO CLOSED SESSION
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 permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
2 OPEN SESSION
6:00 P.M.
OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Ruben Cimental - Sovereign Grace Impact Ministries
FLAG SALUTE
ROLL CALL
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Business Recognition- Colton Ave Auto Body
Recognition- Rachel Arellano
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 p romised 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
Commercial/Industrial Building Color Policy - Commercial and Industrial Building Color Policy [Staff Person: Mark Tomich]
PUBLIC HEARINGS
To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 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.
3 BUSINESS ITEMS
(1) Fire Department Strategic Analysis - Hear Report on Findings of Fire Department Strategic Analysis. [Staff Person: Tim McHargue]
(2) Ordinance Amending Chapter 6.32 - Fireworks - Waive Full Reading, Read By Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton, California, Amending Chapter 6.32 of the Colton Municipal Code Regarding the Sale, Purchase, and Use of Fireworks, ORDINANCE NO O-12-22. [Staff Person: Tim McHargue]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.
Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.
Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
(3) Minutes - Approval of Minutes for the City Council Regular Meeting held on September 6, 2022. [Staff Person: Carolina Padilla]
(4) Warrants - Approve US Bank voucher dated 07/22/2022 and totaling $41,781.30; voucher numbers 200887 to 200980 dated 08/18/2022 and totaling $561,228.42; voucher numbers 200981 to 201106 dated 08/25/2022 and totaling $5,743,376.32 and a payroll disbursement listing dated 07/09/2022 to 07/22/2022 and totaling $1,536,377.72.
[Staff Person: Stacey Dabbs]
(5) City Treasurer's Report - Receive and File City Treasurer's Report for June 2022. [Staff Person: Aurelio De La Torre]
(6) Annual Power Source Disclosure & Power Content Label - Approve and Adopt the 2021 Annual Power Source Disclosure & Power Content Label, RESOLUTION NO. R-99-22. [Staff Person: Brian Dickinson]
(7) Budget Appropriation - Solid Waste Fund FY2021-22 - Approve and Adopt a Resolution to Amend the Fiscal Year 2021-22 Budget for Residential Solid Waste Disposal Services, RESOLUTION NO. R-102-22. [Staff Person: Brian Dickinson]
(8) Biennial Conflict of Interest Code - Approve and Adopt a Resolution Amending the City of Colton’s Conflic t of Interest Code Pursuant to the Political Reform Act of 1974, RESOLUTION NO. R-101-22. [Staff Person: Stephanie Vargas]
4 (9) Contract Award - Environmental System Research Institutes, Inc. (ESRI) - Approve Award of Contract to Environmental System Research Industries Inc. (ESRI) for Electric GIS Support. [Staff Person: Brian Dickinson]
(10) Contract Amendment - KOA Corporation - Approve Amendment No. 2 for the KOA Corporation Professional Service Agreement for the Reche Canyon Road Realignment to Hunts Lane (Project), RESOLUTION NO. R-100-22.
[Staff Person: Brian Dickinson]
(11) Intent to Annex - Community Facilities District Nos. 2021-1 (Public Safety) and 2021-2 (Maintenance) - Resolutions of Intention to Annex into Community Facilities District Nos. 2021-1 (Public Safety) and 2021-2 (Maintenance), RESOLUTION NO. R-103-22 & R-104-22.
[Staff Person: Mark Tomich]
(12) Legislative Policy - 2023 - Approve the Annual Legislative Plan for the Legislative Year 2023. [Staff Person: Bill Smith]
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.
CITY MANAGER'S REPORTS
ADJOURNMENT
5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the City Clerk and complete it by noting a specific item number on the Agenda, if appl icable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers 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 f ashion, 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 councilmembe rs, 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 na ture 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.
6 In compliance with the Ame rican 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 -150-07; Amended by Minute Action on December 2, 2014 an d adopted by Resolution No. R -03-15 on January 20, 2015. Copies are available in the Office of the City Clerk.
ITEM NO.
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: COMMERCIAL AND INDUSTRIAL BUILDING COLOR POLICY
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Provide direction to staff regarding regulation of colors for commercial and industrial buildings.
BACKGROUND
In March 2022, Councilmember Gonzales requested that a discussion of commercial and industrial building colors be placed on a future City Council agenda for discussion and direction to staff. This item has been delayed due to competing priorities but is being brought forward on today’s agenda for discussion and direction to staff.
The City of Colton does not currently have any policies or ordinances that regulate commercial or industrial building colors citywide. However, the Hub City Centre Specific Plan (HCCSP) does provide limited guidelines for building colors. HCCSP guidelines include:
Service stations and car washes shall “avoid reflective, glossy and fluorescent surfaces;” Office building shall “coordinate colors, materials and finishes on all exterior elevations;” Business parks shall “coordinate colors and finishes on all exterio r elevations of all buildings to achieve continuity of design. Earth tone colors, consistent with the examples shown on…are encouraged.”
ISSUES/ANALYSIS
Staff has researched examples from other California jurisdictions that regulate colors on commercial and/or industrial buildings and found limited examples, outside of Specific Plans or Packet Pg. 7
Staff Report to the Mayor and City Council
Commercial/Industrial Building Color Policy
September 20, 2022
within historic districts. Although we found examples of ordinances and policies that were considered for adoption, these ordinances or policies were generally not adopt ed for various reasons. Those cities that do regulate building colors often do so in a general, somewhat subjective manner. For example, the City of Big Bear Lake requires building colors to be in “neutral” tones in harmony with their mountain environmen t and discourages “bright and brilliant” colors. However, such general regulation of building colors relies on staff and applicant interpretation, and may conflict with recently adopted State legislation that requires objective design standards.
The City of Hemet has adopted a detailed regulatory framework for commercial and industrial building colors (attached). The City of Hemet’s Zoning Code regulates building colors, as follows:
“Exterior façade colors of structures developed within commercial and industrial zones shall be low reflectance, subtle, neutral or natural colors and in accordance with the City’s approved color palette. The use of bright or fluorescent colors is prohibited. The city - approved color palette is maintained by the planning department. Trim and accent areas of the building façade may feature brighter or more intense colors, as approved by the director.
The transition between base and accent colors shall related to changes in building materials or the change in building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.
Permit required. Except as specifically required in this article, no person shall paint the exterior of any commercially zoned building within the c ity, without having first obtained an appropriate permit therefore from the planning department.” The City of Hemet does not levy a fee for a paint permit.
FISCAL IMPACTS
Depending on direction from the City Council, preparing, processing and administer ing an Ordinance regulating commercial/industrial building colors will incur staff costs; yet to be determined. The City may adopt a fee for administering permits associated with paint colors.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. Hemet_Sec._90_1049.___Exterior_color_commercial-indus
2. Hemet_Commercial and Industrial Building Color Palette Packet Pg. 8
Created: 2022-07-21 11:23:32 [EST]
(Supp. No. 65, Update 2)
Sec. 90-1049. Exterior color.
(a) Color selection.
(1) Exterior façade colors of structures developed within commercial and industrial zones shall be low reflectance, subtle, neutral or earth tone colors. The use of high-intensity or fluorescent colors is prohibited. The recommended color palette as adopted by the city council is maintained at the planning department.
(2) Trim and accent areas up to a maximum of ten percent of the building façade may feature brighter, more intense colors, including primary colors.
(3) The transition between base and accent colors shall relate to changes in building materials or the change of building surface planes. Colors should not meet or change without some physical change or definition to the surface plane.
(b) Approval required. Except as specifically provided in this article, no person shall paint the exterior of any commercially zoned building owned by him or under his control within the city, without having first obtained an approval from the planning department regarding the color selected. (c) Application. An application for an exterior paint permit shall provide the following information:
(1) The name, address and telephone number of the applicant. (2) The address of the subject property.
(3) Samples of colors that are to be used, indicating the manufacturer, the name of the color and serial number.
(d) Fee. There shall be no fee required for the exterior paint permit. (e) Compliance. The provisions of this section shall apply to all new construction and repainting proposed after the adopted ordinance. Existing structures shall be required to repaint to gain compliance within seven years of adoption of said ordinance.
(Ord. No. 1646, § 1, 5-15-01; Ord. No. 1875, § 1(Exh. 1A), 1-14-14)
a
Packet Pg. 9
Attachment: Hemet_Sec._90_1049.___Exterior_color_commercial-indus (3781 : Commercial/Industrial Building Color Policy) b
Packet Pg. 10
Attachment: Hemet_Commercial and Industrial Building Color Palette (3781 : Commercial/Industrial Building Color Policy) b
Packet Pg. 11
Attachment: Hemet_Commercial and Industrial Building Color Palette (3781 : Commercial/Industrial Building Color Policy)
ITEM NO. 1
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: HEAR REPORT ON FINDINGS OF FIRE DEPARTMENT
STRATEGIC ANALYSIS.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and file this report.
BACKGROUND
During the mid-year budget process in December 2021, Fire requested funding to assess current service and performance level s to help ensur e that the department will continue to satisfy the community’s needs, as the City continues to grow in size and complexity Consultant Mat Fratus was hired to complete this study.
ISSUES/ANALYSIS
The analysis found several relevant indicators of the effi ciency of Colton Fire Department’s emergency resource deployment. These findings provided the foundation for recommendations for service enhancements.
FISCAL IMPACTS
There are no fiscal impacts associated with receiving and filing the report. However, t he fiscal impacts of implementing recommendations in the study would depend on any changes to service levels based on desired response times acceptable to City Council. For example, t he annual personnel costs alone for the recommendation to add a paramedic squad could be in the range of 1 Packet Pg. 12
Staff Report to the Mayor and City Council
Fire Department Strategic Analysis
September 20, 2022
around $875,000 to hire six paramedics and place a two -person paramedic squad in -service 24- hours per day.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Colton Fire Strategic Analysis
1 Packet Pg. 13
City of Colton Fire Department
Strategic Analysis
Phase I Report
2022
1.a
Packet Pg. 14
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 1 Table of Contents
Index of Tables and Figures .......................................................................................................................... 1 Introduction .................................................................................................................................................. 3 Summary of Findings..................................................................................................................................... 4 Background ................................................................................................................................................... 6 Methodology ................................................................................................................................................. 7 Organizational Structure and Assets ............................................................................................................. 9 9-1-1 Communications ................................................................................................................................ 12 Emergency Response Characteristics ......................................................................................................... 14 Service Demands ..................................................................................................................................... 14 Total Incidents by general type. .............................................................................................................. 16 Medical Calls for Service by Determinant code ...................................................................................... 17 Timing of Calls for Service ....................................................................................................................... 19 Distribution of Calls for Service by Location ........................................................................................... 24 Distribution of Calls by Responding Resource ........................................................................................ 25 Concurrent 9-1-1 Calls for Service .......................................................................................................... 26 Forecasting of Future Call Volumes ........................................................................................................ 30 Response Times .......................................................................................................................................... 31 Response Time Components .................................................................................................................. 32 Forecasted Response Times .................................................................................................................... 36 Automatic and Mutual Aid ...................................................................................................................... 37 Comparison of Mutual and Automatic Aid Given and Received ............................................................ 38 Conclusions and Recommendations ........................................................................................................... 40 Appendix A .................................................................................................................................................. 44
Index of Tables and Figures
Table 1: Overview of Colton Fire Department's Emergency Deployment Assets. ...................................... 11 Table 2: Breakdown of EMS Call Types based on Emergency Medical Dispatch (EMD) Code ................... 18 Table 3: Emergency Medical Dispatch Call Severity Types by CFD Response Area. ................................... 19 Table 4: Breakdown of 9-1-1 Calls for Service by Responding Resource and by Year. ............................... 26 Table 5: Percentage of Call Reciprocation by Colton Response Areas. ...................................................... 29 Table 6:Average Response Time of Colton Fire Units into Different Response Districts. .......................... 29 Table 7: Call Volume Forecast for 2022 through 2025 ............................................................................... 31 Table 8: Average Response Times from Colton Fire Stations for All Call Types 2018 through 2021 .......... 34
1.a
Packet Pg. 15
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 2 Table 9: Average Response Time to all 9-1-1 calls by year 2021 to 2021. . ................................................ 35 Table 10: Forecast of Response Times for Calendar Year 2022 through 2025 ........................................... 37 Table 11: Automatic Aid Given and Received by Colton FD 2018 - 2021. .................................................. 38
Figure 1: City of Colton Fire Stations and Response Districts ..................................................................... 10 Figure 2: Colton Fire Department Total Call Volume from Calendar Year 2028 to 2021 ........................... 15 Figure 3: Breakdown of Call Types by Year for Colton FD........................................................................... 16 Figure 4: Breakdown of 9-1-1 Call Categories for Colton FD 2018-2021 .................................................... 17 Figure 5: Colton 9-1-1 Calls for Service by Time of Day .............................................................................. 19 Figure 6: 9-1-1 Calls by Time of Day and General Call Type. ...................................................................... 20 Figure 7: National Trends in Residential Fire Fatalities (FEMA,2020) ......................................................... 21 Figure 8: EMS Calls by EMD Severity Type by Time of Day. ........................................................................ 21 Figure 9: EMS 9-1-1 Calls by Time of Year .................................................................................................. 23 Figure 10: Fire 9-1-1 Calls by Time of Year.................................................................................................. 23 Figure 11: Call Volume by Day of the Week by Call Type. .......................................................................... 24 Figure 12: Heat Map Showing density of 9-1-1 Calls for Service in the City of Colton. .............................. 25 Figure 13: Percentage of Concurrent 9-1-1 Calls for Service by Time of Day. ........................................... 28 Figure 14: Illustration of Response Reciprocation Between Colton Fire Response Districts. ..................... 30 Figure 15: Heat Map of Response Times Greater than 7 minutes average in the City of Colton ............... 36 Figure 16: Location of Automatic Aid Given and Received by Colton FD 2018 - 2021. .............................. 39
1.a
Packet Pg. 16
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 3 Introduction
The leadership of the City of Colton and their Fire Department are deeply committed to providing effective and efficient public safety services to the residents and visitors of their community. As part of this commitment, the Fire department performs regular assessments of service and performance levels to help ensure that the department will continue to satisfy the community’s needs as the city continues to grow in size and complexity.
As the city looks toward this future growth and development, the need for an in-depth analysis of fire department service delivery elements is apparent. These service delivery elements include crew workload, call volume, response times, staffing levels, and effectiveness of current and past deployment models. To that end, this analysis will serve as a tool to guide the city’s planning process and assist in setting staffing and resource levels, performance metrics, and benchmarks that are in concert with the needs and desires of the community.
The analysis was conducted in two phases. The objective of the first phase was to evaluate the potential need and impact of adding a two-person paramedic squad to the deployment plan of fire department emergency resources. This included evaluating the best location and staffing configuration for the resource should the research support its inclusion.
This analysis used a broad array of data sources that capture historic trends in emergency services delivery in Colton and uses those trends to forecast future demands. Collectively this provided objective points that support a set of findings and recommendations.
The objective of the second phase of the analysis is to evaluate the potential service impacts of relocating fire station 213 to the area of Tropica Ranch Rd. in the City of Colton, and constructing a roadway that joins E. Washington St. to S. La Cadene Dr. The findings of this analysis will be presented in a separate document but will serve as a companion document to phase I for future planning.
Through this process, it is expected that fire department and city staff will be able to better identify and understand where their service model is working well and where there are opportunities for greater efficiency.
1.a
Packet Pg. 17
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 4 Summary of Findings
The analysis found several relevant indicators of the efficiency of Colton Fire Department’s (CFD) emergency resource deployment. These findings provided the foundation for recommendations for service enhancements. The following is a summary of key findings and recommendations:
1. CFD’s emergency call volume has increased from 6,670 emergency calls for service in 2018 to 7,286 calls in 2021 (9.2% increase). This increase is evident in areas throughout the city and is growing more rapidly in areas of new development and in medical care facilities located within the city (see “Service Demands”).
2. The number of fire responses grew from 452 calls in 2018 to 728 calls in 2021 (61% increase). This increase in fire calls was seen mainly on smaller non-structural fires and fires of unknown classification at time of dispatch. At the same time, the percentage of EMS fell slightly from 86% of the total call volume to 83%. (See “Total Incidents by General Type”)
3. If the factors contributing to the annual increase in call volume remain consistent, the overall call volume is projected to increase by approximately 3% per year on average through 2025. This would equate to an increase of over 900 9-1-1 calls annually (12.5% increase) by 2025 compared to 2021 (See “Forecasting of Future Call Volumes”).
4. There are specific areas of the city that have higher than average call volumes. The analysis found that approximately 19% of the 9-1-1 calls for service during the study period came from only 20 different addresses (0.3% of all addresses responded to).
Most of these were long-term medical care facilities and multi-family residential complexes. Fourteen of the twenty high call volume locations were in fire station 214’s response area (See “Distribution of Calls by Service Location”).
5. CFD’s response times1 to emergency calls for service have also increased over the four- year study period from an average of six minutes, eleven seconds in 2018, to seven
1 For the purposes of this study, response times are measured from the time that the responding unit is notified by the 9-1-1 dispatcher of the emergency call to the time when the unit arrives at the scene of the emergency.
Additional details on response times can be found in the Response Times section of this document.
1.a
Packet Pg. 18
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 5 minutes, six seconds in 2021 (15% increase). This trend correlates to the increasing call volume as well as commercial and residential development growth patterns in the city.
This suggests that as the call volume continues to increase, response times will increase as well (See “Response Times”)
6. If the factors contributing to the annual increase in response times remain consistent, it is projected that response times will increase at an average annual rate of approximately 3.5%. This equates to an overall increase to the average response time of one minute, five seconds (15%) between 2021 and 2025 (See “Forecasted Response Times”)
7. There are areas of the city where the drive time from the closest fire station is longer than the desired six-minute average response time goal of the CFD. The areas most affected by this are those located near the city boundaries in the Southwest and Southeast sections of the city. This finding will be analyzed in more depth in the Phase II Report.
8. The research found that the fire department’s proposal to add a two-person paramedic squad2 to the city’s emergency response plan would reduce the per-unit call volume and could thereby reduce response times in the area where the new resource is stationed.
Secondary impacts could also include a decrease in the cascade effect of units having to respond into other fire station districts due to concurrent calls or depletions in emergency resources during high call volume periods (See “Conclusions and Recommendations”).
9. Based on the data analyzed, placement of a paramedic squad at fire station 214 will likely have the greatest impact with the potential to reduce response times by up to 1 minute, 28 seconds on up to 300 calls per year. Fire Station 211 and 212 are also viable options but had a slightly lower call volume and lower occurrences of resources from other fire station districts having to respond to calls in their district. The paramedic
2 A “Squad” refers to a SUV or utility truck body style emergency vehicle that is usually staffed with two personnel.
When staffed by firefighter/paramedics, it can be deployed to any fire, rescue, or medical emergency. However, the configuration is ideal for medical calls for service.
1.a
Packet Pg. 19
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 6 squad could be relocated to other areas as needed should the call distribution change (See “Conclusions and Recommendations”)
10. Adding a paramedic squad with a cross-staffing3 configuration would result in the same number of deployable resources as the city currently has, which would have no mitigating effect on call volume or response times. In order to achieve the maximum benefit, this should be a resource with dedicated staffing (See “Concurrent 9-1-1 Calls for Service”)
11. The study found consistent fluctuations in call volumes throughout each 24-hour period.
Call volumes began to increase and then peak between 8:00AM and 10:00 PM, and reached their lowest levels between midnight and 7:00 AM. As a cost saving measure, the city could consider staffing a paramedic squad only during higher call volume periods. When evaluating this option, the city should consider the trends in structure fire activity and loss rates, and the slight increase in higher acuity medical calls that occur during the early morning hours as identified in the study. While these represent a small number of events, their significance in terms of potential life and property loss should be given due consideration (See “Response Times”) Background
The Colton Fire Department (CFD) has been providing fire department related services to the City of Colton since 1889 and Advanced Life Support paramedic services since July 1, 1975.. Like most communities, the scope and complexity of services provided by the fire department have expanded over time to meet the needs and desires of a growing community.
Today, the CFD provides an array of emergency services that includes fire suppression, advanced rescue, hazardous materials response, Emergency Medical Services (EMS), community risk reduction, public education, and disaster preparedness and response.
3 “Cross-Staffing” refers to a staffing configuration where personnel from one fire vehicle also staff a second vehicle located at their assigned fire station. Usually, these vehicles will have a distinct specialized purpose such as a wildland or hazardous materials response vehicle. This configuration only allows for one of the vehicles to be fully staffed at any given time.
1.a
Packet Pg. 20
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 7 The city continues to take strategic advantage of opportunities for economic growth and service expansion. As this occurs, the demand for fire related services also expands. Evidence of this was found in the analysis of call volumes from 2018 through 2021, which showed an overall increase in call volume of over 19%, and an increase in response times of 15%. As these trends are projected to continue, the leadership of the City of Colton has an opportunity to take steps to mitigate the potential impacts of higher fire department call volumes and response times through data-driven solutions and strategic implementation of service enhancements. This study is designed to help facilitate that process.
Methodology
This study used emergency response data for the City of Colton that covered the period of calendar years 2018 through 2021. It makes use of historic trends to develop reasonable projections of future service demands so that the city can plan accordingly. The source data for this analysis included information from CONFIRE’s Computer Aided Dispatch (CAD) records and Geographic Information Systems (GIS) software from Environmental Systems Research Institute (ESRI). These records capture detailed chronological activity of each 9-1-1 Call for Service (CFS), its location, and specific activities and outcomes related to the fire department’s response.
CONFIRE’s CAD interface is a proprietary software product designed for fire service dispatching. This system manages both the processing of incoming calls for service and tracking of responding resources throughout CONFIRE’s service area. To ensure data continuity, all actions entered into the CAD are timestamped by the CAD system and cannot be altered by the dispatcher or responding personnel. All transactions in the system are stored in Structured Query Language (SQL) database format for retrieval and analysis.
The data for this study was retrieved directly from CONFIRE’s CAD database and then arranged through queries using Microsoft Access, with detailed calculations made in Microsoft Excel. From there, various studies were performed to combine relevant points that provide insights into the specific performance elements.
The full data set retrieved from CAD contained a number of records that did not reflect relevant emergency activity. For example, data showing duplicate calls, entries that did not
1.a
Packet Pg. 21
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 8 correlate to an actual responding unit, test calls, and other non-emergency activities. As these activities were not relevant to this study, they were removed from the data set.
The approach to this analysis used two primary configurations of data. The first configuration identified the number of individual incidents that were dispatched in Colton’s jurisdictional area irrespective of how many emergency resources responded to the call. The second configuration identified the number of individual response crews/vehicles responded to each incident. Because many incidents require multiple units to respond, there are significantly more entries in the second data set.
The second data set included individual entries for any units that responded to calls in Colton’s jurisdiction, as well as all responses by CFD units into other jurisdictions. Collectively, these data sets provided a basis for analysis of both city-wide service demands and the workload of responding units and personnel.
Measurements of response times focused on the time from when a responding unit was alerted of a call for service to the point where they arrived on scene. Currently, the CFD does not have specific response time standards that have been adopted as policy. However, the department has set a strategic goal of arriving on scene of an emergency within six minutes or less on average from the time the responding unit is notified. This measurement does not include other related response time elements such as 9-1-1 call processing. Details of how these other response time elements affect actual total time lapse from the initial 9-1-1 call to the arrival of resources on scene are discussed in more detail in the Response Time section of this document.
Forecasting of future call volumes and response times was performed using linear regression analysis with exponential smoothing within a 95% confidence range. To improve predictive accuracy, two years of data was added to the study period to cover 2016 to 2021.
While the statistical confidence range was high, the models did not directly factor in the various elements that impact response times such as population shifts, changes in traffic flow, or the rate and intervals in which 9-1-1 calls come in. Even so, the forecasts should be considered
1.a
Packet Pg. 22
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 9 reasonably valid as these various response factors mentioned also occurred to some degree during the historical period that was used for the projections.
To validate the forecasting trends, CAD data from 2014 to 2017 was used to forecast call volumes for 2018 to 2021. The forecast numbers were then compared to actual call volumes for 2018 – 2021. Here the numbers remained within the confidence range of the 2018-2021 forecast on average. However, the year-to-year change ranged as high as an annual increase of 10% to as low as a decrease of -2%. While the long-term average remained slightly more than 3% overall, single-year trends above and below the average should be expected.
For illustration purposes, information from selected data sets was plotted on maps using ArcGIS software from ESRI. Specific data points were first extracted from CONFIRE’s CAD database and then uploaded to the ArcGIS software and configured in a mapping environment.
The data and findings were validated through cross-checks with different calculation formulas and sample counts of raw data sets. The data was also reviewed by CFD staff to ensure that the analysis was reasonably in line with historical knowledge and assumptions.
Organizational Structure and Assets
The CFD is led by a fire chief and administrative staff that directs and oversees both day- to-day operations and long-range planning and budgeting. Response to emergency calls for service is performed by highly trained personnel who respond on specialized vehicles out of four fire stations strategically located throughout the city (see Figure 1). These specialized vehicles include fire engines, ladder trucks, incident command vehicles, and wildland fire response vehicles. These response vehicles are staffed with one to three personnel depending on the vehicle resource type, and assigned to respond out of one of four CFD fire stations (see Table 1).
1.a
Packet Pg. 23
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 10 Figure 1: City of Colton Fire Stations and Response Districts
The daily emergency response staffing for CFD consists of 13 personnel who are assigned to specific stations and response vehicles. This minimum staffing level is maintained on a 24/7 basis but can be increased if needed to address a major emergency. It should be noted that in order to accommodate days off and sustain minimum staffing levels, the CFD uses a three-platoon system where a total of 39 personnel (13 per shift) rotate duty shifts. Minimum staffing is also augmented with off-duty personnel when necessary to cover absences.
1.a
Packet Pg. 24
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 11 Table 1: Overview of Colton Fire Department's Emergency Deployment Assets.
Resource Reference Type Location Staffing Hours of
Operation
Medic Truck
211
MT211 Aerial ladder
truck staffed
with
Paramedics
and EMT
firefighters
Fire Station
211. 303 East
“E” St.
1 Captain
1 Engineer
1 Paramedic/Firefig
hter
24/7
Medic Engine
212
ME212 Fire engine
staffed with
Paramedics
and EMT
firefighters
Fire Station
212. 1511
North
Rancho Ave.
1 Captain
1 Engineer
1 Paramedic/Firefig
hter
24/7
Medic Engine
213
ME213 Fire engine
staffed with
Paramedics
and EMT
firefighters
Fire Station
213. 1100
South La
Cadena Dr
1 Captain
1 Engineer
1 Paramedic/Firefig
hter
24/7
Medic Engine
214
ME214 Fire engine
staffed with
Paramedics
and EMT
firefighters
Fire Station
214. 1151
South
Meadow
Lane.
1 Captain
1 Engineer
1 Paramedic/Firefig
hter
24/7
1.a
Packet Pg. 25
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 12 Brush Engine
214
BE214 Fire engine
staffed with
Paramedics
and EMT
firefighters
Fire Station
214. 1151
South
Meadow
Lane.
1 Captain
1 Engineer
1 Paramedic/Firefig
hter
Cross-staffed
as needed
with crew
from ME214
Chief Officers Battalion Chief
402 through 404
Command
officer for
major
incidents
Fire station
211. 303 East
“E” St.
1 Chief Officer
(Battalion Chief)
Minimum 1
per 24-hr.
period.
9-1-1 Communications
Calls for service come into the fire department through the 9-1-1 emergency number system. By California state law, all incoming 9-1-1 calls must go directly to a law enforcement agency. This is known as the Primary Public Safety Answering Point (PSAP). In Colton’s case this is the Colton Police Department’s Communications Center. The Primary PSAP dispatcher identifies the nature of the call for service and directs the call to the appropriate agency (law enforcement or fire). Calls that require fire or emergency medical assistance are then routed to a secondary PSAP, which in CFD’s case is the CONFIRE communications center.
CONFIRE (also referred to as Consolidated Fire Agencies) operates as a joint powers authority that includes the cities of Colton, Apple Valley, Big Bear, Chino Valley Fire Authority, Loma Linda, Montclair, Rancho Cucamonga, Redlands, Rialto, Running Springs, San Bernardino County Fire Department, San Manuel Fire Department, and Victorville as member agencies.
CONFIRE has two communications centers located in the City of Rialto and in the City of Hesperia. The two centers have the technological capacity to independently serve all county areas if needed, but generally the centers divide the work into geographic areas to manage the call volume more efficiently.
1.a
Packet Pg. 26
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 13 Daily operations of the CONFIRE’s dispatch center are managed by a full-time director who receives policy guidance from the CONFIRE Administrative Chiefs. The Administrative Chiefs board consists of the fire chiefs of each member agency. Overall policy level decisions for the dispatch center lie with the CONFIRE board of directors. This board consists of one elected official selected by, and serving on behalf of, their respective local government.
At the foundation of CONFIRE operations is the front-line dispatchers. CONFIRE dispatchers are highly trained in handling the great variety of calls that are received each day in the communications center. Each dispatcher is also certified to perform Emergency Medical Dispatching (EMD) functions. These EMD functions include providing callers with instructions for basic medical care and prioritizing calls based on medical severity. This function is covered in more detail in the “Calls by Determinant Code” section of this document.
Once a call is received in the CONFIRE communications center, the details of the call are entered into the CAD system by the call taker in the dispatch center. The CAD system organizes the incoming information and uses pre-defined algorithms to recommend the type of response based on the caller’s information and the location of the reported incident. Using these CAD outputs as a guide, dispatchers contact the appropriate resources via radio systems to respond to the call.
The CAD system allows each CONFIRE agency to establish resource deployment recommendations that are unique to their needs and capabilities. In the City of Colton, the current policy is to send a minimum of one emergency response resource with lights and sirens to each 9-1-1 call for service4.
4 This does not include certain types of non-emergency public service type calls where a lights and siren approach is clearly not needed. Additionally, responding company officers may downgrade the response based on information from dispatch or other appropriate circumstances that indicate that a lights and siren response is not necessary.
1.a
Packet Pg. 27
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 14 Emergency Response Characteristics
Service Demands
The CFD is the primary responder for all 9-1-1 emergencies in the city that involves fire, rescue, hazardous materials, and/or emergency medical calls for service. For this analysis, a call for service was counted if a unit was assigned to the call even if the unit did not arrive on scene.
The analysis of individual emergency incidents focused on the number and types of 9-1- 1 calls for service in the City of Colton by calendar year (see Figure 2). This includes all emergency calls for service where another fire department resource responded through automatic aid agreements (discussed in more detail in the Automatic and Mutual Aid section of this document). Figure 2 underscores the strong trend of increasing call volumes during the four-year study period with an overall increase of 9.2% from 2018 to 2021 and trending at an average annual increase of 3%.
While determining the specific factors that are driving the trend of increasing call volume is not within the scope of this study, there are general trends that can contribute to increasing call volumes in urban and suburban areas. These include increases in residential housing developments and full-time population, an increase in commercial development promoting retail and job growth, age demographics (particularly population gentrification), increased in high-density housing, and an increase in long-term medical care facility development and use. It is likely that the City of Colton is experiencing trends such as these to some degree.
Specific categories of Fire, EMS, Alarm/Investigation, and Other were used to provide a more detailed breakdown (see Appendix A for a breakdown of call types used in each category).
While both fire and EMS calls show an increase, fire responses grew from 452 calls in 2018 to 728 calls in 2021 (61% increase). This increase in fire calls was seen mainly on smaller non- structural fires and fires of unknown classification at time of dispatch. At the same time, the percentage of EMS fell slightly from 86% of the total call volume to 83% (See Figure 3).
1.a
Packet Pg. 28
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 15 Figure 2: Colton Fire Department Total Call Volume from Calendar Year 2028 to 2021
Depending on the type of call, anywhere from one to five individual CFD resources may be dispatched to respond. For example, a minor medical aid may only require a single CFD paramedic unit and a private ambulance to respond, while a major fire may require all available units from CFD and multiple units from surrounding fire departments. With these variations, the CFD ran over 8,985 individual unit responses in 2021.
The type of call also dictates how long a unit will be out of service while assisting with the emergency. Although fire calls make up a smaller portion of the total call volume, they generally require more resources, and can take hours to complete. In contrast, the average time for a CFD paramedic response unit to complete a medical call for service is approximately 20 minutes.
6,670
6,870
7,302 7,286
2018 2019 2020 2021
Total Calls for Service in City of Colton
2019 through 2021
1.a
Packet Pg. 29
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 16 Figure 3: Breakdown of Call Types by Year for Colton FD
Total Incidents by general type.
Although there is a broad variety of call types that the CFD responds to, the primary categories include EMS incidents (83% of total volume in 2021), Fire Related Incidents (10% of total in 2021), Alarms/Investigations (5% of total volume in 2021) and Other non-urgent 9-1-1 calls (>2% of total volume in 2021). This trend is typical for most departments. A full list of call types included in each of the above categories can be found in Appendix A.
For a more detailed view, the CAD database uses 516 unique identifiers and sub-categories to identify the type of CFS. The nature of each call is determined by the dispatcher taking the call using the information from the 9-1-1 caller. The analysis showed that certain call types occurred more frequently than others and therefore represented the majority of the calls. Figure 4 reflects the calls that accounted for at least 1% of the total call volume, which equated to 92% of the total CFS. The remaining 8% had an even distribution throughout the remaining call sub- categories.
2018 2019 2020 2021
Percent EMS 85.6% 84.8% 82.0% 82.8%
Percent Fire 6.8% 7.0% 10.5% 10.0%
Percent Alarm/Investigation 6.0% 6.6% 5.9% 5.2%
Percent other 1.6% 1.6% 1.5% 2.0%
85.6% 84.8% 82.0% 82.8%
6.8% 7.0% 10.5% 10.0%6.0% 6.6% 5.9% 5.2%
Percentage Breakdown of Fire Department Incidents
by year
Percent EMS Percent Fire Percent Alarm/Investigation Percent other
1.a
Packet Pg. 30
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 17 Figure 4: Breakdown of 9-1-1 Call Categories for Colton FD 2018-2021
* TC = Traffic Collision
Medical Calls for Service by Determinant code
9-1-1 medical calls for service are screened by CONFIRE dispatchers using the Emergency Medical Dispatching (EMD) system described in the 9-1-1 Communications section of this document. By using this system to prioritize calls based on medical severity, the system helps ensure that low-severity calls do not receive the same priority and resource deployment as true time-sensitive medical emergencies.
12%
10%
9%
7%
6%
6%
4%
3%
3%
3%
3%
3%
2%
2%
2%
2%
2%
2%
2%
1.4%
1.4%
1.4%
1.4%
1.1%
0% 2% 4% 6% 8% 10% 12% 14%
S I C K - S I C K P E R S O N
S O B - S H O R T N E S S O F B R E AT H
C P - C H E S T PA I N S
T U - T C * W I T H U N K N O W N …
FA L L - FA L L V I C T I M
U N C - U N C O N S C I O U S P E R S O N
F U - U N K N O W N T Y P E F I R E
S Z - S E I Z U R E S
T U F - F R W Y T C U N K I N J U R I E S
H L - H E M O R R H A G E / L A C E R AT I O N
P S - P U B L I C S E R V I C E
A B D - A B D O M I N A L PA I N
CA - C O M M E R C I A L A L A R M
C P R - I N P R O G R E S S O R P R O B A B L E
T R A U M A - T R A U M AT I C I N J U R I E S
D I A - D I A B E T I C P R O B L E M
A S LT - A S S A U LT
C VA - S T R O K E
T I - T C W I T H I N J U R I E S
H E A R T - H E A R T P R O B L E M S
F G - V E G E TAT I O N F I R E
O D - O V E R D O S E
P S Y - P S YC H I AT R I C /A B N B E H AV I O R
OI - O U T S I D E I N V E S T I G AT I O N
COLTON FD 9 -1-1 CALL TYPES 2018 - 2021 BY
VOLUME
1.a
Packet Pg. 31
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 18 Based on the information received through the EMD questioning, the dispatcher will categorize the call and assign a determinant code that identifies the general medical complaint and the severity of the patient’s condition. The highest severity is the Echo level, which is typically for patients who are in respiratory or cardiac arrest. The next acuity levels (in decreasing order of severity) are Delta, Charlie, Bravo, and Alpha. There is also an Omega code which is reserved for non-emergency medical requests that could use alternative means of transportation or treatment that may or may not involve fire department resources. An annual breakdown of CFD’s EMS calls for service by severity level is shown in Table 2.
In December of 2020, CONFIRE initiated a new dispatching protocol that uses the EMD severity levels to screen out the lowest severity call and route them to a nurse hotline to assist the caller. This program, known as the Emergency Communications Nurse System (ECNS), has been used internationally in 9-1-1 communications centers with a high degree of success.
Certain low severity call types (mostly Omega level and some Alpha level calls) have shown that in a high number of cases, the9-1-1 caller did not need, nor would they benefit medically from, an emergency EMS response. Furthermore, these call types typically do not require emergency room treatment. Instead, could be appropriately treated by alternative clinics, or directed to other telemedicine options that in some cases do not require the caller to leave their home.
From a first responder perspective, this reduces the number of low severity calls for service, which increases emergency resources availability for more serious medical calls. While the program is still developing, it is projected to reroute up to 9% of the 9-1-1 call volume county wide.
Table 2: Breakdown of EMS Call Types based on Emergency Medical Dispatch (EMD) Code.
Echo Delta Charlie Bravo Alpha Omega
2018 1.5% 35.7% 27.5% 10.0% 24.0% 1.3%
2019 2.0% 36.3% 27.3% 9.3% 23.6% 1.4%
2020 2.2% 36.5% 26.4% 9.6% 23.8% 1.5%
2021 2.0% 35.7% 28.7% 9.8% 19.4% 4.5%
1.a
Packet Pg. 32
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 19 Table 3 further evaluates these calls by breaking them down by fire station response area. The higher percentages generally correspond with the areas with higher call volumes in the city. In the context of evaluating locations for adding response resources, it is noteworthy that fire stations 214’s response area has the highest percentage of high severity calls.
Table 3: Emergency Medical Dispatch Percent of Call Severity Types by CFD Response Area.
Response Area Echo Delta Charlie Bravo Alpha Omega
211 23% 23% 25% 24% 26% 34%
212 29% 29% 31% 32% 32% 26%
213 9% 12% 11% 14% 12% 13%
214 39% 36% 33% 30% 31% 27%
Timing of Calls for Service
An analysis of the timing of calls for service was performed using data points that reflect when calls for service in Colton were received at CONFIRE dispatch. The first analysis looked at all call types collectively by time of day (Figure 5). This approach found a typical fire service trend of fluctuations that peak during mid-day and decrease in the late night and early morning hours. This trend was consistent when evaluating the study years individually and collectively.
Figure 5: Colton 9-1-1 Calls for Service by Time of Day
3% 3% 2% 2% 2% 2% 3%
3%
4%
5%
5% 5% 6% 6% 6% 5% 6% 6% 5% 5% 5% 5% 4%
3%
9-1-1 Calls for Service by Time of Day
1.a
Packet Pg. 33
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 20 To identify more specific trends, call types were broken down into three general categories of EMS calls, fire related calls, and alarms/investigations. Each call category was calculated as a percentage of the total call volume in the data set. As illustrated in Figure 6, these individual trends closely follow the general trend shown in Figure 5. One notable trend in this calculation was the slight upward trend in fire calls for service between 3:00 AM and 8:00 AM in relation to other call types. This time period is worthy of note as nearly half of all residential fire fatalities occur between midnight and 7:00 AM5, underscoring the value of 24/7 fire service coverage. While the highest number of fire calls occurr mid-day to late afternoon, these day-time fires have a much lower fatality rate (See Figure 7).
Figure 6: 9-1-1 Calls by Time of Day and General Call Type.
5 FEMA. (2020). Civilian Fire Fatalities in Residential Buildings (2017-2019). Emmitsburg: U.S Fire Administration.
0%
1%
2%
3%
4%
5%
6%
7%
Call Types by Time of Day
EMS FIRE Alarm/Investigation
1.a
Packet Pg. 34
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 21 Figure 7: National Trends in Residential Fire Fatalities (FEMA,2020)
EMS calls for service were also tracked by time of day using EMD severity classifications (see Figure 8). For this analysis, calls identified as Echo, Delta, or Charlie levels (the three highest severity levels) were tracked separate from Bravo, Alpha, and Omega levels (lowest severity levels). The research found that general trend is consistent with the overall CFS trend, although the trend in higher severity calls is slightly more pronounced in the late-night/early- morning hours as compared to the low severity calls, which tend to peak in the late afternoon.
1.a
Packet Pg. 35
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 22 Figure 8: EMS Calls by EMD Severity Type by Time of Day.
Figure 9 and Figure 10 show additional analysis of call timing by showing EMS and fire call volumes by month of the year. Here the analysis showed a relatively stable pattern for EMS calls, with the highest volumes for calls in December/January, and again in July/September time frames. Fire calls showed a more distinct increase in August and throughout the fall fire season which would be expected. The combination of high call volumes in both EMS and Fire calls for service in the summer months underscore the challenges of service delivery at these peak times in both staffing and resource availability. The increased call load impact was also seen in response times, where August through November response times were found to be an average of 3% higher than the overall annual average.
0%
1%
2%
3%
4%
5%
6%
7%
High and Low Severity EMS Calls by Time of Day
High Sevirity EMS Low Sevirity EMS
1.a
Packet Pg. 36
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 23 Figure 9: EMS 9-1-1 Calls by Time of Year
Figure 10: Fire 9-1-1 Calls by Time of Year.
The data set was also broken down into days of the week to identify any specific trends that could assist in designing deployment strategies (Figure 11). Overall, there was a slight decrease in call volume (5% to 7%) on weekends versus weekdays. One possible explanation for this is that the City’s population increases substantially during the week as the demographic shifts from primarily residents to a mix of residents, employees, and patrons of local businesses and institutions.
9%
8% 8%
7%
8%
8%
9% 9%
8%
9%
8%
9%
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
EMS Calls by Month
8% 8%
6%
7% 7%
9%
11%
10%
8% 9%
9%
7%
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Fire Calls by Month
1.a
Packet Pg. 37
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 24 Figure 11: Call Volume by Day of the Week by Call Type.
Distribution of Calls for Service by Location
To determine the concentration of calls for service in specific geographic areas, maps were created using CAD data in the ArcGIS mapping environment. This analysis indicated some clear trends that seemed to coincide with population density, location of assisted living facilities, and heavy traffic areas. The heat-map in Figure 12 shows the call density of all calls for service over the four-year study period, with darker red areas indicating heavier concentrations of calls for service.
Additional detailed analysis was performed that identified trends inside some of the most pronounced clusters (darker red). For example, a large skilled nursing facility located on South Reche Cyn. Rd (see callout in Figure 12) had a total of 227 calls for service in 2021 (similar to previous years). This accounted for approximately 3% of CFDs total EMS Call volume, and 12% of fire station 214’s EMS call volume. While this is the highest call volume for a single address, similar examples can be found throughout the city, primarily in long-term medical care facilities and multi-family residential housing complexes.
Mon Tue Wed Thu Fri Sat Sun
EMS 3405 3425 3322 3440 3502 3278 3124
Fire 335 319 368 375 370 335 327
Alarm 242 251 236 275 243 216 198
Other 59 73 69 89 60 63 60
0 500
1000
1500
2000
2500
3000
3500
4000
Call Volume by Day of the Week
2018 through2021
EMS
Fire
Alarm
Other
1.a
Packet Pg. 38
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 25 To put the impact of these high-concentration locations into perspective, there were over 28,000 total 9-1-1 incidents that CFD responded to over the four-year study period. These occurred at 6,607 individual addresses and locations throughout the area. The 20 addresses with the highest call volumes (0.3% of total addresses) collectively generated 5,270 (19%) of the total calls for service. Fourteen of the twenty high call volume addresses were located in fire station 214’s response area. This finding offers support for adding resources to fire station 214 when the city can do so.
Figure 12: Heat Map Showing density of 9-1-1 Calls for Service in the City of Colton.
Distribution of Calls by Responding Resource
As discussed earlier, an appropriate response includes anywhere from a single unit for most medical calls to multiple units for technical rescue, traffic collisions, and fires. Because of this, there will generally be more unit responses than individual incidents. For the CFD, there Long-term
Medical Care
Facility
1.a
Packet Pg. 39
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 26 were a total of 28,128 total incidents in the City of Colton during the four-year study period generating 34,145 CFD unit responses. This trend of approximately 20% more unit responses than incidents was consistent on a year by year average over the study period.
As was illustrated with the locations of calls for service, some areas will have a higher call volume than others. Similarly, the resources assigned to different areas throughout the city will have varying call demands as well. Table 4 shows the breakdown of call volume by CFD unit for each year of the study. Note that two of the units, Brush Engine 214 (BE214) and OES330 (loaned from the State Office of Emergency Services) are cross staffed with CFD personnel that normally staff other 24/7 resources. OES330 can also be used as a reserve fire engine when a CFD engine is out of service for maintenance. Each of these resources have specialized functions, and while they do not run the volume of calls that other 24/7 resources do, their unique function is of great value in mitigating wildland fires both in Colton and throughout the State through mutual aid responses.
Table 4: Breakdown of 9-1-1 Calls for Service by Responding Resource and by Year.
Resource 2018 2019 2020 2021 Total % of Total
BE214 15 24 26 43 108 0.3%
ME212 1792 2031 2178 2072 8073 23%
ME213 1615 1799 1824 1930 7168 21%
ME214 2091 2278 2421 2417 9207 27%
MT211 2247 2182 2369 2370 9168 26%
OES330 158 320 269 153 900 2.6%
Concurrent 9-1-1 Calls for Service
One of the challenges of meeting emergency service demands is the random timing in which 9-1-1 calls are received. While some broad trends have been identified in this study, on a minute-by-minute view it is common for 9-1-1 calls to come in at any interval, often without clear underlying reasons. The impact of this is most pronounced when calls are received within minutes of each other in the same area of the city. When this occurs, the first call will be assigned to the closest unit, while subsequent callers in the same general geographic area will have to wait longer for a unit responding from further away. These concurrent events can
1.a
Packet Pg. 40
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 27 cascade during busier parts of the day resulting in response times that are several minutes longer than what the caller would normally experience.
The study found that on average, approximately 5% of the 9-1-1 calls for service in each district are affected by this phenomenon. However, as call volumes increase during the daytime hours, the average percentage can climb to over 6%, with some response areas reaching nearly 8%. Figure 13 illustrates this average concurrent call rate by time of day. Depending on the timing and location of the subsequent calls, concurrent calls can increase the response time by up to 25%. Delays of this duration can contribute to poor patient outcomes in acute medical emergencies, and increased life and property loss in structure fires.
A striking example of the potential impact of concurrent calls occurred in Colton in April of 2020. A structure fire when occurred in the city just before 1:00 AM that required the use of all available CFD resources. Approximately one hour later and before CFD crews had finished with the first fire, a second structure fire broke out. While resources from other agencies had already been pre-positioned to provide backup coverage to the city, the delays in obtaining enough resources to effectively fight the fire allowed the fire to grow significantly.
Unfortunately, an occupant of the home was severely burned and was treated by fire personnel, but later succumbed to the injuries.
While it may not be possible any fire department to eliminate situations like this from occurring, an awareness of these dynamics and appropriate planning can significantly reduce their frequency and impacts.
1.a
Packet Pg. 41
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 28 Figure 13: Percentage of Concurrent 9-1-1 Calls for Service by Time of Day.
In addition to concurrent 9-1-1 calls, resources from fire stations may be in locations other than in the physical fire station for reasons such as training, fire prevention inspections, or other administrative tasks. When this occurs, CONFIRE’s Automatic Vehicle Location (AVL) system finds the closest available resource using GPS data and assigns that unit to the call. This may still be the resources assigned to that fire station response area (as non-essential duties are overridden by 9-1-1 calls), but in many cases, another resource is calculated to be closer and is therefore assigned to call.
Table 5 shows the percentage of calls where the resources assigned to a specific response district responded to calls in that district, versus when other resources had to cover calls in their absence. The analysis found that on average, CFD resources respond to calls in their assigned district approximately 77% of the time. The highest amount was fire station 214 with 81%, and the lowest was fire station 213 with 73%.
A more detailed illustration of the call reciprocation is shown in the map in Figure 14.
Here responding units assigned to specific CFD fire stations are represented by color-coded points on the map. These are overlayed on the respective fire station response areas to show the level and location of reciprocation. Battalion Chief responses are noted at “Admin” units.
4.5%
3.4% 3.6%
2.0%
3.3% 3.3%
3.9% 3.7%
5.2% 5.1%
4.0%
6.4%
6.0% 6.1% 6.3%
5.8% 5.7% 5.3% 5.7%
4.6%
5.6% 5.9%
4.4%
3.9%
0.0%
1.0%
2.0%
3.0%
4.0%
5.0%
6.0%
7.0%
PERCENTAGE OF CONCURRENT 9 -1-1 CALLS BY TIME OF DAY
1.a
Packet Pg. 42
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 29 Table 5: Percentage of Call Reciprocation by Colton Response Areas. % of Call Volume Response District**
Responding Unit Home
Fire Station* 211 212 213 214
211 68% 20% 18% 9%
212 12% 71% 7% 2%
213 14% 7% 63% 18%
214 6% 2% 12% 70%
* “Responding Unit” is a response vehicle assigned to the designated fire station. ** “Response Area” is the geographic area that is typically served by a specific fire station. See Figure 1 for map of response districts.
When units cover other districts, response times can be expected to be longer. Table 6 shows the difference in response times based on resources responding into different districts.
The most significant difference in response times occurs in fire station 214’s district. This is largely due to the concentration of calls in the South/East portion of 214’s district, which includes a number of locations that generate high call volume, which is discussed later in this report under Distribution of Calls by Location.
Table 6:Average Response Time of Colton Fire Units into Different Response Districts.
Response Time Response District
Responding Unit Home
Station 211 212 213 214
211 0:05:55 0:07:01 0:07:28 0:08:20
212 0:06:10 0:06:39 0:07:36 0:08:06
213 0:06:15 0:07:37 0:06:52 0:08:32
214 0:07:54 0:06:58 0:08:41 0:06:20
1.a
Packet Pg. 43
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 30 Figure 14: Illustration of Response Reciprocation Between Colton Fire Response Districts.
Forecasting of Future Call Volumes
The study made use of CFD’s historic data to make projections of how call volumes may trend in the coming years. Using CFD data from 2016 through 2021, the forecasting process used linear regression analysis and exponential smoothing to predict future values within a 95% confidence range. Based on this approach, the analysis found that if the historical trends continue the city may see call volumes increase at a rate of approximately 3% per year. Table 7 outlines the forecasted year-by-year progression using 2021 call volume as a baseline to calculate the cumulative percentage increases each year. This approach projects a 12.5% increase in call
1.a
Packet Pg. 44
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 31 volume in 2025 as compared to 2021. These increases also show a correlation to increased response times, which will be covered in the Response Time section of this study.
Table 7: Call Volume Forecast for 2022 through 2025
Forecast Year Number of Additional Calls Expected over Calendar Year 2021
% Increase
2022 273 3.8%
2023 485 6.7%
2024 697 9.6%
2025 909 12.5%
While the statistical formula has a 95% confidence range, there are limitations to the formula’s accuracy due to several factors that can cause annual fluctuations in the base call volumes. These factors include changes in population, the addition or closure of major retail centers or other employment hubs, extreme weather phenomena, and changes in transportation corridors to name a few. While the historical data used for the projections was likely influenced by some of these same factors, the accuracy of the projections can be improved by updating them with new annual data as it becomes available.
Response Times
One of the most common measures of fire service efficiency is how long it takes for an emergency resource to arrive after the 9-1-1 call is made. The emphasis on rapid response times is grounded in a significant body of research the connects shorter response times to greater survival rates in medical emergencies and lower life and property loss rates in fires.
Currently, the CFD has set a response times goal of 6 minutes or less on average from when the call is received by CFD resources to when the first unit arrives on scene.
In general, response times of less than 6 minutes corollate positively to a decreased mortality risk in medical emergencies6. Similar research finds that survival rates in cardiac arrest
6 Blackwell, T. H., & Kaufman, J. S. (2002). Response Time Effectiveness: Comparison of Response Time and Survival in an Urban Emergency Medical System. Academic Emergency Medicine, 288-95.
1.a
Packet Pg. 45
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 32 patients decrease by 7-10% for every minute the condition is left untreated, thereby leaving little chance for survival for response times over 10 minutes7,8. The combination of faster response times and advanced life support (paramedic) care were also found to contribute lower mortality rates and more complete recovery in strokes9, trauma10, and respiratory emergencies11.
There is also a clear statistical relationship between longer fire department response times and rapid, uncontrolled fire growth. Research by the U.S. Fire Administration12 found that fires that were successfully contained by the fire department to the room of origin had an average response time of 6.2 minutes. However, fires that spread beyond the room of origin and eventually beyond the building of origin had average response times of just two minutes longer, or 8.3 minutes. This finding underscores how critical even one minute can be in the fire service response time continuum.
Response Time Components
The fire department response time continuum begins when a caller recognizes a need for emergency service and calls 9-1-1 and ends when resources arrive at the emergency scene.
For this study, the focus was placed on the subcomponents of when CFD resources are notified by dispatchers of the need to respond to the time when those units arrive. It should be noted that the full response time that a 9-1-1 caller experiences consists of other elements including the time of transfer from the primary Public Safety Answering Point (Colton Police) to the
7 Link, M. S. (2010). Part 6: Electrical Therapies: Automated External Defibrillators, Defibrillation, Cardioversion, and Pacing * 2010 American Heart Association Guidelines for Cardiopulmonary Resuscitation and Emergency Cardiovascular Care. Circulation, 122(18), 1-80. 8 Holmen, J. e. (2020). Shortening Ambulance Response Time Increases Survival in Out‐of‐Hospital Cardiac Arrest.
Journal of the American HEart Association, 9
9 Saver, J. L. (2005). TIme is Brain - Quantified. Stroke, 37, 263-66. 10 Nasser, A. H. (2019). Every Minute Counts: The impact of pre-hospital response time ans scene time on mortality of penetrating trauma patients. The American Journal of Surgery, 220(1), 240-244. 11 Stiell, I. G., & al., e. (2007). Advanced Life Support for Out-of-Hospital Respiratory Distress. The New England Journal of Medicine, 356, 2156-2164.
12. U.S Department of Homeland Security. (2006). Structure Fire Response Times. Topical Fire Research Series, 5(7).
1.a
Packet Pg. 46
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 33 secondary PSAP (CONFIRE Dispatch), and the call processing time by CONFIRE dispatchers.
While these elements are important, they represent factors that are independent of the city’s emergency resource levels, station locations, street and traffic patterns, and unique emergency service demands. These distinctive local factors are the focus of this analysis and so they were isolated from the other elements of the full response time.
As a point of reference, the data from CONFIRE shows that the average call processing time for 9-1-1 calls in Colton’s jurisdiction is 1 minute, 39 seconds. Additionally, primary PSAP times can be reasonably estimated to add approximately 30 seconds to this. This is based on the state standard for PSAPs which requires that each 911 call is answered in 15 seconds or less 95% of the time and then adding an estimation of an additional 15 seconds to transfer the call to the secondary PSAP (CONFIRE). Collectively, this means that up to two minutes and nine seconds would need to be added to the Total Response Time data presented in this analysis to represent the typical amount of time that lapses from when a community member calls 9-1-1 to when a resource arrives on-scene.
To minimize response times, CFD utilizes a “Closest Resource” approach which uses GPS systems to match the closest available units to the exact location of the call. Other agencies using CONFIRE Communication Center have adopted the same approach so that units are assigned based on proximity to the call irrespective of the jurisdiction where the call is located.
This is a benefit to both the party needing assistance and the first responder agencies because it leverages resources on a regional basis instead of strictly by local jurisdiction. The CFD has entered into comprehensive automatic aid agreements like these with other local fire agencies that are in proximity with their border.
Different response time elements were calculated as averages of the specific data set being evaluated (see Table 8). For this analysis, response times were evaluated in three primary ways:
1. Total response time. This time frame starts when the responding unit is first alerted by the dispatch center that they are to respond to a call for service and ends when the unit arrives on the scene. This is the sum of turnout time and travel time (see below).
1.a
Packet Pg. 47
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 34 2. Turnout time: This time frame starts when the assigned unit is first alerted of the call for service and ends when the unit goes enroute to the call. This time interval includes the time taken by responders to don any necessary personal protective gear and assemble at the response vehicle
3. Travel Time: This time frame starts when the assigned unit goes enroute to the call for service and ends when they arrive on scene.
Table 8: Average Response Times from Colton Fire Stations for All Call Types 2018 through 2021 Responding Unit Home
Station
Total Response Time
Avg. (h:mm:ss)
Turnout Time
Only Avg.
(h:mm:ss)
Travel Time Only
Avg. (h:m:ss)
Station 211 0:06:29 0:01:19 0:05:07
Station 212 0:06:45 0:01:18 0:05:19
Station 213 0:07:21 0:01:12 0:06:14
Station 214 0:06:39 0:01:18 0:05:09
Benchmark for Study 0:06:00 or less 0:01:00 or less 0:05:00 or less
Travel time is one of the most dynamic aspects of the response time continuum. Factors that will affect travel time include the design of transportation corridors (public and private streets, rail, freeways), traffic patterns, type of emergency apparatus used in the response, location of fire stations, and the location of the call.
The turnout time element will vary depending on the type of call for service. For example, a response to an EMS call for service requires little additional Personal Protective Equipment (PPE) prep, and so the turnout time is usually lower. In contrast, fire related calls require personnel to don extensive PPE that includes special thermal resistant pants, coats, helmets, and gloves which adds time to the process. During the four-year study period, CFD turnout times were 26 seconds longer on average for fire calls then they were for EMS calls.
1.a
Packet Pg. 48
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 35 Table 9 highlites the overall increase in the average response time to 9-1-1 calls in Colton between 2018 and 2021. Of the potential contributing factors that may have changed during the study period, the most impactful appear to be is the corresponding increase in call volume discussed in the Call Volume section, and the growth of population in the city. While both are somewhat interrelated, there are nuances to each such as where the centers of population growth are in relation to existing fire stations, and how the increased growth affects existing transportation corridors.
Table 9: Average Response Time to all 9-1-1 calls by year 2021 to 2021. .
Figure 15 provides an illustration of the areas within the City of Colton where the longer response times are taking place. The map was set to identify calls with an average response time of seven minutes or more to clearly show areas that are outside the CFD’s response time goal of six minutes.
As the map shows, some of the higher response time areas are located farther away from the closest fire station, and/or have road features that restrict driving speed due to physical features such as narrow streets, frequent intersections, or high traffic. Some are a result of combined high call volume locations and a greater distance from fire stations. Some examples identified on Figure 15 include medical care facilities, mobile home complexes, and multi-family residential complexes. Darker areas that are closer to fire stations generally show elements of concurrent calls and other call surge patterns that limit the availability of closer resources. 0:06:11
0:06:33
0:06:53
0:07:06
2018 2019 2020 2021
Average Response Times by Year 2018-2021
1.a
Packet Pg. 49
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 36 Figure 15: Heat Map of Response Times Greater than 7 minutes average in the City of Colton
Forecasted Response Times
A forecast of estimated future response times in the City of Colton was performed using the same methodology as the forecast of call volume discussed earlier. For the purposes of response time, the clock started with the first unit dispatched, and stopped when the first unit arrived on scene. Therefore, additional resources that may have been responding from further away were not included so that the forecast was not skewed by capturing those longer response times.
As was found with call volume, response times have gradually increased each year of the retrospective four-year study period, leading to an overall average increase of fifty-five seconds per call (15%) between 2018 and 2021. The consistency of this trend drove the forecast of a Medical Care
Facility
Multi-Family
Residential
Complexes
Mobile
Home
Complex Mobile
Home
Complex
1.a
Packet Pg. 50
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 37 continuing average increase of an approximate 3.5% annual increase in response times for an average overall increase of one minute, five seconds (15%) between 2021 and 2025.
Table 10: Forecast of Response Times for Calendar Year 2022 through 2025 Forecast Year Forecasted Response Time % Increase from calendar year 2021 2022 0:07:38 3%
2023 0:07:55 6%
2024 0:08:09 10%
2025 0:08:31 15%
One of the factors that appears to be driving this time increase is the concurrent increase in emergency call volume noter earlier. This would be an expected outcomes of greater call volumes so as the volume grows, the city can expect a similar increase in response times.
Automatic and Mutual Aid
Because of the potential size, scope, and timing of emergency events, no community has the capacity to independently cope with all emergency events that could potentially occur. To ensure that adequate resources are available in all areas, cities and their fire departments typically enter into agreements that facilitate the sharing of resources when it is mutually advantageous to do so. These types of agreements generally fall into the category of automatic aid or mutual aid.
Automatic aid is an agreement where two or more jurisdictions agree to provide specified aid that will respond immediately without the need for case-by-case approval. These are generally used in jurisdictions that have contiguous borders or may have resources that are closer to the emergency than the agency having jurisdiction. Currently Colton has automatic aid agreements with each agency that it shares a jurisdictional border with as well as other agencies where it is mutually advantageous to do so.
One of the most comprehensive of these agreements was established with the City of Loma Linda in 2013. This agreement was originally intended to be a first step in consolidating functions from both departments including emergency response and administrative positions.
For that reason, resources were shared more frequently than with other agencies. However, in
1.a
Packet Pg. 51
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 38 2019 the two agencies determined that the consolidation was not achieving the results they were looking for and the decision was made to reorganize the functional consolidation. The two departments will continue to make full use of automatic aid using the closest resource concept Mutual aid refers to agreements that take place throughout the state where each participating agency agrees to receive and provide emergency resources upon request, and according to each agencies ability to do so. These agreements are a critical component to addressing California’s wildland disaster threat as it leverages a rapid response from a state-wide pool of resources. One of the key differences between automatic aid and mutual aid is that the request for mutual aid must go through channels for approval before eventual dispatch. While this is important in coordinating statewide resources, it does cause a delay in response as compared to automatic aid. Therefore, automatic aid is preferable when applied to day-to-day operations on a local level.
Comparison of Mutual and Automatic Aid Given and Received The analysis of mutual and automatic aid was performed using CAD data from all agencies that responded into Colton’s jurisdiction, and where CFD responded into other jurisdictions.
Whether the request was made via automatic or mutual aid agreement was not included in the CAD data and so this element is not reflected in the findings. The nature and location of the calls, however, suggest that a significant majority of the requests were through automatic aid agreements. Irrespective of aid type, the impacts of workload and service are similar.
Table 11: Automatic Aid Given and Received by Colton FD 2018 - 2021.
All EMS Fire Alarm/Investigation Other
Auto Aid Given 3,076 1,406 1,217 242 211
Auto Aid Received 3,263 1,729 1,304 78 152
The analysis found that over the four-year study period, CFD received approximately 6% more mutual and automatic aid responses from their neighboring jurisdictions than they gave in return (3,076 responses provided vs. 3,263 responses received). While there is a strong spirit of cooperation among the fire departments in the county, it is in Colton’s best interest to watch
1.a
Packet Pg. 52
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 39 these reciprocation rates closely to ensure that they do not put undue strain on other jurisdictions’ emergency resource pool.
In addition to automatic and mutual aid, Colton also provides assistance to a county area located in Fire Station 212’s district that is surrounded by Colton city boundaries on all sides. Due to its location, the City of Colton has agreed to provide first response to the area.
This is done through an agreement with San Bernardino County where they provide specialized firefighting resources such as wildland hand crews and firefighting bulldozers in exchange for fire and EMS coverage for this isolated area of their jurisdiction. Table 11 provides a breakdown of the types of automatic aid given and received from 2018 through 2021. Using the same data, Figure 16 provides a graphic overview of where the automatic aid calls take place.
Note that the calls in the area covered by the county agreement are shown on the map.
However, these calls are not included in the auto aid count in Table 11 since they use a separate and distinct method of reciprocation.
Figure 16: Location of Automatic Aid Given and Received by Colton FD 2018 - 2021.
1.a
Packet Pg. 53
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 40 Conclusions and Recommendations
As discussed in the introduction to this document, one of the objectives of this study was to determine if the addition of a paramedic squad was warranted, and if so, what would be the most efficient way to use the new resource. The following is a list of findings and recommendations based on this study:
1. The city would benefit from the addition of a fire department response resource.
These benefits would include lower response times, increased resource availability, and a better distributed workload for first responders.
Discussion:
The city has been experiencing a trend of increasing call volumes for at least the past eight years. It appears that the CFD’s response system was initially able to tolerate these increases without adding resources or experiencing a significant decrease in service levels. However, the upward trend in response times over the last four years and the reliance on automatic aid suggests that the call volume has reached a level where it is impacting the system’s ability to meet the demands. The projections for future call volumes and response times suggest that this trend will continue unless steps are taken to enhance the CFD’s ability to meet the growing demands. While a single additional resource will not provide the same level of improvement in all areas of the city, strategic placement will directly improve service in that immediate area, and have an indirect effect on other areas as well. Additional potential system improvements will be evaluated in phase II of this study.
2. While there are several possible options for adding fire department resources, the option of adding a dedicated paramedic squad at an existing fire station offers a high level of efficiency at a relatively low cost.
Discussion:
1.a
Packet Pg. 54
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 41 There are a variety of configurations of emergency response resources the city could consider adding including fire engines, ladder trucks, squads, and other specialty apparatus. Each of these come with different cost and staffing configurations. For example, while an additional fire engine would meet the city’s need for additional resources, the cost of the vehicle itself can be over 70% higher than the cost of a paramedic squad.
Furthermore, the standard staffing of an engine includes a minimum of three personnel, some with higher ranks and specialized skill sets for operating firefighting apparatus. In contrast, the paramedic squad configuration uses two paramedics per shift, reducing staffing cost by as much as 40% annually.
While the squad configuration does not offer the same functionality for firefighting operations as a fire engine, the majority of CFD’s current needs involve EMS response, which is an excellent match to a squad configuration. Additionally, a squad staffed with firefighter/paramedics can still be sent to fire calls to provide additional staffing when needed.
3. In order to see maximum benefits from an added response resource, it should have dedicated staffing so that there is a net increase in available response resources.
One option for staffing could include cross-staffing the squad with personnel from another engine company or ladder truck such that only one or the other resource can respond. This is not recommended as it fails to meet the primary objective of implementing a squad, which is to add response resources to address the current and projected call volume and response time increases.
The city could consider staffing the squad only during high call volume periods and leaving it unstaffed during predictable slower periods as a cost saving measure. The study found that there are consistent patterns throughout the day where the call volume increases between 8:00AM and 10:00 PM, and then drops in the late night/early morning hours to about 1/3 of the daytime highs.
1.a
Packet Pg. 55
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 42 When evaluating this option, the city should consider the trends of structure fire activity and mortality rates, and the small increase in higher acuity medical calls that occur during the early morning hours identified in the study. While these represent a smaller number of events, their significance in terms of potential life and property loss should be given due consideration.
The city should also consider the logistics of this staffing configuration as it will introduce new and unique elements to the existing personnel scheduling process. As such, any new policies and practices related to a potential change should be developed with participation from labor and management.
4. Should the city decide to add a paramedic squad, the most efficient location to place it would be at fire station 214.
Discussion
Based on the findings of this study, there are compelling arguments for placing a paramedic squad at fire station 214. While there was also evidence to support placement at fire stations 211 and 212, the majority of the positive impacts were found by placing it at 214. These includes:
1. Highest call volume by district and unit.
2. Highest number of high severity EMS calls by district.
3. Slightly higher number of concurrent calls in 2021 but about average over four-year study.
4. Response impacts
a. 133 concurrent calls in 2021. Nearly double the 2nd highest of all response areas (211 district). An estimated 75% of these could be eliminated by adding a second resource in district = 100 calls annually.
b. An average of 352 calls annually in 214 area where another district’s unit had to respond. An estimated 60% of these calls could be handled by a second resource in 214’s district. This would be approximately 211 calls annually.
1.a
Packet Pg. 56
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 43 c. Average response times for non-214 units to respond to 214 district is 0:01:28 longer than when 214 units can respond.
d. Collectively this would mean that response times in fire station 214’s response area could decrease by up to one minute, twenty-eight seconds on as many as 311 calls annually.
1.a
Packet Pg. 57
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 44 Appendix A
Breakdown of Emergency Calls Type Categories
EMS Related Calls for Service
ABD - Abdominal Pain PSY - Psychiatric/Abn Behavior
ALL - Allergies RQ - Rescue
ANML - Animal Bites SICK - Sick Person
ASLT - Assault SOB - Shortness of Breath
AT - Ambulance Transport STAB - Stabbing
BACK - Back Pain STEMI TRANSPORT
BIRTH - Childbirth STROKE TRANSPORT
BURN - Burns / Explosion SWTR - Swift Water Rescue
CARE TRANSPORT TB - Watercraft Accident
CHOKE - Choking Problems TC__WATER
CP - Chest Pains TC-AUTO-PED
CPR - in Progress or Probable TC-BUS
CVA - Stroke TC-TRAIN
DIA - Diabetic Problem TE - TC with Extrication
DRWN - Drowning or Diving Acc TEF - Frwy TC w/Extrication ELECT - Electrocution TF - TC with Fire
ELEV-MA - Elev Rescue w/inj TFF - Frwy TC w/Fire
EYE - Eye Problems TI - TC with Injuries
FALL - Fall Victim TIF - Frwy TC w/Injuries
GEM - Emergency Medical Inc TO - TC w Vehicle Over Side GSW - Gunshot Wound TOF - Frwy TC Over the side
HCE - Heat/Cold Exposure TP-AUTO-PED
HEAD - Headache TRAUMA - Traumatic Injuries
HEART - Heart problems TU - TC with Unknown Injuries
HL - Hemorrhage/Laceration TUF - Frwy TC Unk Injuries
INH - Carbon Monoxide/Inh/Haz UNC - Unconscious Person
MA - Medical Aid UNKM - Unk Medical (Man Down)
MCI - Multi-Casualty Incident UNKM - Unk Medical (Subj Down) MH-MedHelo
OD - Overdose
1.a
Packet Pg. 58
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis) 45 Fire Related Calls for Service
AO -Aircraft Crash off Airport FSL-Structure Fire Light-Res FB - Watercraft Fire FSL-Structure Fire Low-Res
FC -Structure Fire- Commercial FT - Motorhome/Truck/Bus Fire FCL-Structure Fire Low-Comm FTF - Frwy Truck/Bus Fire
FD - Dumpster Fire FU - Unknown Type Fire
FG - Vegetation Fire FV - Vehicle Fire
FH - Hay Fire FVF - Frwy Vehicle Fire
FHR - Structure Fire-High Rise HZ - Hazardous Materials FI - Improvement Fire RR - Railcar Incident
FR - Refuse Fire SP - Fuel Spill
FS - Structure Fire- Non Comm ELEV-RQ - Elev Rescue w/o inj
Alarm/Investigation
OI - Outside Investigation RA - Residential Alarm
CI - Commercial Investigation CO - Carbon Monoxide Alarm CA- Commercial Alarm BT - Bomb Threat
IN - Inside Investigation OE - Other Emergency
ZAP - Outside Elec Incident
Other Calls for Service
PS - Public Service GCC - County Comm Incident
WS - Water Salvage GLAW - Law Enforcement Inc
MOVUP GHZ - Hazardous Materials Inc
GMI - Miscellaneous Gov Inc GBP - Burn Permit
TEXT - Text-2-911 Law Enforcement Assist
1.a
Packet Pg. 59
Attachment: Colton Fire Strategic Analysis (3773 : Fire Department Strategic Analysis)
ITEM NO. 2
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST
READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF COLTON, CALIFORNIA, AMENDING CHAPTER 6.32 OF
THE COLTON MUNICIPAL CODE REGARDING THE SALE,
PURCHASE, AND USE OF FIREWORKS, ORDINANCE NO O-12-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Adopt Ordinance No. O-12-22 amending Chapter 6.32 of the Colton Municipal Code such that:
(1) Any Organization, which, as of the date of adoption of this Ordinance, has not been issued a license to sell fireworks in the year 2022, shall be ineligible to apply for a license in any subsequent year; and
(2) Any Organization, which fails to reapply for a license in any year after 2022, shall also thereafter be ineligible to apply in any subsequent year.
BACKGROUND
On March 17, 2015, the Ci ty adopted Ordinance No. O -05-15, which amended Chapter 6.32 of the Colton Municipal Code (“Code”), which relates to the regulation of the sale, purchase, use, and possession of fireworks within the City. Currently, Chapter 6.32 limits the organizations th at are eligible to apply for a license to sell fireworks to Churches, Civic Organizations, and Youth Organizations (collectively “Organizations”) as those terms are defined in Section 6.32.020. The Chapter also limits the maximum number of licenses that the City may approve in any given year to fourteen (14) licenses. These restrictions were adopted for the purpose of limiting the sale and purchase of fireworks within the City to levels that do not place the City and its residents at an 2 Packet Pg. 60
Staff Report to the Mayor and City Council
Fireworks Ordinance
September 20, 2022
immitigable risk of fires during the time period when the sale and use of fireworks is permitted.
However, despite the adoption of these limitations, each year the Fire Department continues to see an increase in the number firework related calls on and around Fourth of July celebrations.
The majority of these calls are in response to the use of illegal and dangerous flying and exploding fireworks. However, conducting patrols and responding to calls related to the prohibited use of illegal and dangerous fireworks is made more complex and financially cumbersome when “Safe and Sane” fireworks are simultaneously in use. Police and Fire Personnel will often respond to a call at a property due to a complaint that prohibited fireworks are being used thereon, only to make contact wit h the Property owner, who is able to produce “Safe and Sane” fireworks and thereby avoid a citation. Thus, residents are able to continue using dangerous and illegal fireworks under the guise of limiting their use to “Safe and Sane” Fireworks. Ultimately, the rising number of these calls combined with the financial burden of responding to them represents a steadily increasing threat to the safety and well -being of City residents as well an additional and unnecessary financial strain on the City’s Fire and P olice Departments.
In light of these burdens, the City Council instructed staff to review and propose potential new restrictions that could be placed on the sale of fireworks within the City. The ultimate goal of any such restriction is intended to be a decrease in the total number of fireworks sold within the City with the intent that a reduction in the sale of fireworks will (1) frustrate the ability of residents to use “Safe and Sane” fireworks as a shield against citations for prohibited firework use, and (2) alleviate the financial burden on Police and Fire Departments created by responding to such calls.
ISSUES/ANALYSIS
In reviewing these issues, Staff has determined that the most effective method of gradually reducing the sale of fireworks is by reducing the overall number of licenses that may be issued. As noted above, restrictions are already in place that limit the types of Organizations that may apply for these licenses as well as the number of licenses that may be issued each year. Staff is conscientious of the fact that the Organizations that apply for these licenses are required to use no less than ninety percent of the proceeds derived from the sale of fireworks in the City by the Organization for the direct advancement of charitable, religious, youth or civic purposes of the organization. Thus, there is a collective desire that any new regulations will appropriately balance the charitable interests of these Organizations with the need to protect the public’s health and safety.
Taking into consideration all of these interests, Staff proposes that the City Council adopt the attached Ordinance, which will continue to allow a limited number of the aforementioned Organizations to apply for licenses to sell fireworks, while gradually reducing the total number of such Organizations eligible to apply over time. The Ordinance will achieve this purpose by rendering ineligible for license application any Organization that does not meet the Ordinance’s definition and requirements for a “Qualified Orga nization” and by not allowing any “New 2 Packet Pg. 61
Staff Report to the Mayor and City Council
Fireworks Ordinance
September 20, 2022
Organizations” to apply for a firework booth permit, thereby gradually reducing the total number of licenses that may be issued each year.
The proposed Ordinance defines a Qualified Organization as an Organization that holds a license on the date of adoption of the Ordinance. Thus, any Organization that does not hold a license on the date of adoption of this Ordinance will be rendered ineligible to apply for a license in any subsequent year. Additionally, the proposed Ordinance states, at Section 6.32.050(B)(2), that any Qualified Organization that fails to apply for a license in any year after the year 2022 shall lose its Qualified Organization status. In effect, this means that any Organization that does not (1) currently hold a license, and/or (2) fails to reapply for a license after the year 2022 will be permanently barred from applying for a license.
Furthermore, the Ordinance changes the standard for the maximum total number of licenses that may be issued in any given year. As noted above, currently, the maximum number of licenses is set at fourteen (14) licenses. The amended Section 6.32.060 will alter this standard such that the maximum number of licenses that may be issued in any given year will be equal to the number of licenses issued in the immediately preceding year. As a result of this change, if only twelve Qualified Organizations were issued licenses in 2022 because one of the Qualified Organizations does not apply, then, in 2023, the City may only issu e twelve licenses and the Organization that failed to apply in 2022 will forever lose its Qualified Organization status.
It should also be noted that, as written, the Ordinance continues to permit two or more Qualified Organizations to apply for and be issued licenses as a joint venture. With respect to the standard for the maximum number of licenses that may be issued in any given year, the Ordinance currently treats Qualified Organizations that are issued a license as part of a joint ventures as separat e Organizations. In other words, if the City issues nine licenses to Qualified Organizations acting as independent entities and one license to two Qualified Organizations acting as a joint venture, then the following year the maximum number of licenses that may be issued will be eleven (11) licenses.
The Ordinance has been drafted this way to preserve the City’s discretion with regard to this issue.
If the City does not wish to issue a license to two or more Qualified Organizations as a joint venture for any reason, the City retains the discretion to deny the license. However, if the City wishes to either revoke entirely the option of issuing a license as a joint venture or, alternatively, to retain this option, but to treat such joint ventures as a single entity for purposes of determining the maximum number of licenses in the following year, the Ordinance may be redrafted accordingly.
FISCAL IMPACTS
The proposed Ordinance is intended to ultimately decrease the costs associated with the monitoring and regulation of firework sales, purchases, and use on and around the Fourth of July.
ALTERNATIVES
2 Packet Pg. 62
Staff Report to the Mayor and City Council
Fireworks Ordinance
September 20, 2022
1. Provide alternative direction to staff.
ATTACHMENT
1. ORDINANCE O-12-22-Fireworks
2. COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE
2 Packet Pg. 63
99999.91809\33184935.1
1 ORDINANCE NO. O-12-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 6.32 OF
THE COLTON MUNICIPAL CODE REGARDING THE SALE,
PURCHASE, AND USE OF FIREWORKS
WHEREAS, the City of Colton permits only Churches, Civic Organizations, and Youth Organizations (collectively “Organizations”), as those terms are defined in Section
6.32.010 of the Code, to apply each year for a license to sell “Safe and Sane” F ireworks between the twenty eighth day of June and the fifth day of July each year (“Fourth of July celebrations”); and
WHEREAS, pursuant to the current version of Section 6.32.060 of the Code, the maximum total number of licenses that may be issued by the City each year is currently limited to fourteen (14) licenses; and
WHEREAS, as of the date of adoption of this Ordinance, there are twelve (12) Organizations currently qualified by resolution of the City Council to receive one of the fourteen (14) licenses that may be issued in any given year; and WHEREAS, despite these limitations, before, during, and after Fourth of July celebrations, the City of Colton experiences increased firework related calls caused by the use of illegal and dangerous flying and exploding fireworks; and WHEREAS, enforcement of the prohibition of illegal and dangerous fireworks through patrols and other means by Police and Fire Personnel are made more complex and financially burdensome when “Safe and Sane” fireworks are simultaneously discharged; and
WHEREAS, the entire state of California has seen a dramatic increase in the number and intensity of fires over the past decade; and WHEREAS, due to the increased risk of fires and the minimal effect that the current restrictions on the sale of fireworks within the City has had on the negative impacts caused by illegal and dangerous fireworks, the City desires to further decrease the total number of fireworks sold within the City; and
WHEREAS, the City Council has determined that it may achieve this purpose by not approving any further Qualified Organizations that are eligible for a license to sell fireworks; and
WHEREAS, the City Council further desires to amend the following sections of the Colton municipal code; and
WHEREAS, all the legal prerequisites relating to the adoption of this Ordinance have occurred.
2.a
Packet Pg. 64
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6.32.020 of the Code is hereby amended to read in its entirety as follows:
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Based in Colton" means primarily operating within the City limits of Colton and comprised of and for the benefit of the residents of the City. "Church" means a State -certified tax-exempt religious organization. "Civic Organization" means a State -certified nonprofit organization organized primarily for charitable purposes.
"Fire Chief" means to include his/her Authorized Representatives. "New Organization" is a Church, Civic or Youth Organization that as of the date of adoption of Ordinance No. O -12-22, has not been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty - eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022
“Qualified Organization” means a Church, Civic or Youth Organization that, as of the date of adoption of Ordinance No. O -12-22, has been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty-eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022.
"State certified" means an organization recognized as exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code. “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale.
"Youth Organization" means a State certified private organization organized for the purpose of participating in organized sports or civic activities consisting of at least twenty individual members whose maximum age does not exceed eighteen years of age. In addition, seventy -five percent or more of the members Shall be residents of the City of Colton.
SECTION 2. Section 6.32.040 of the Code is hereby amended to read in its entirety as follows:
Applications for a license to sell fireworks Shall:
2.a
Packet Pg. 65
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
3 A. Be made annually by any Qualified Organization that wishes to offer for sale or sell at retail any fireworks of any kind;
B. Be made in writing accompanied by a nonrefundable permit fee of $428.00, and inspection fee of $285.00 (after hour inspections will require and additional fee of $29.00, and a signed manufacturers firework booth agreement with payment for $1,367.15 per booth . The fee will be used to defray the administrative costs of the fireworks program and enforcement of firework activities;
C. Be made between the third and tenth day of May each year, except when the last day falls on a Friday, Saturday or Sunday, the following business day Shall be determined to be the last day;
D. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in a commercial or industrial zone and the written permission o f the owner of record or lessee must accompany the application. However, firework stands will not be located within a quarter (¼) mile of the Very High Fire Hazard Zone at the intersection of South Cooley Drive and Barton Road or within one (1) mile of the Very High Fire Hazard Zone at the intersection of Maryknoll Drive and South La Cadena Drive or as determined by the Fire Chief or designee;
E. Be accompanied by an assurance that, if the license is issued to applicant, applicant s hall, at the time of rec eipt of the license, deliver to the Fire Department of the City, three hundred thousand dollars public liability and fifty thousand dollars property damage insurance certificates designating the City as an additional insured thereunder, and a copy of the requisite license from the State Fire Marshal;
F. Make written application to the City's Fire Department, Fire Safety Division at least ten days prior to booth opening for a permit as required by Section 12643 of the Health and Safety Code, Regulations from the California Administrative Code, Title 19, Public Safety.
SECTION 3. Section 6.32.050 of the Code is hereby amended to read in its entirety as follows:
The Following qualifications must be met by each applicant for a license issued under this chapter:
A. No license shall be issued to any Person, firm or corporation except State-certified Churches, Civic and Youth Organizations.
B. After September 20, 202 2, only Qualified Organizations shall be eligible to apply for a license.
2.a
Packet Pg. 66
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
4 1. A New Organiza tion may not apply for a license after September 20, 2022;
2. A Qualified Organization that fails to apply for a license in any year after the year 202 2, shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year; and
3. A Qualified Organization that fails to report its total proceeds from firework sales as required by Section 6.32.0 40 shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year.
C. Each Qualified Organization must have its principal and permanent meeting place in the corporate limits of the City; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the City's corporate limits for a minimum of two years continuously preceding the filing of the application for the license.
D. A Qualified Organization app lying for a license shall represent the undivided entirety or base group and shall not be permitted to separate into an aggregation of subgroups or clubs affiliated with the parent organization. The entire individual group, club or organization associated with an Institution or organization shall be considered as one single applicant. The intent and purpose for treating all organizations as a single entity is to ensure that the selection process is equitable and that no one organization with multiple subgroups will have an unfair advantage over other single purpose organizations.
E. Where such a Qualified Organization's principal purpose is the advancement of youth's interests such as sports organizations, only bona fide, currently registered youth members o f such organization shall be counted as "members" for the purposes of subsection C of this section.
F. No less than ninety percent of the proceeds derived from the sale of fireworks in the City by the Qualified Organization shall be utilized for the direct advancement of charitable, religious, youth or civic purposes of such organization.
Forty-five (45) days after July fifth of each year, a Qualified Organization that is granted a license hereunder and that does operate a Firework Booth, shall submit to th e Fire Department an account of the total proceeds from the Qualified Organization’s sales to facilitate a determination of compliance with the provisions of this Chapter.
G. No Qualified Organization may receive more than one license for fireworks sale during any one calendar year.
H. One license may be issued to two or more Qualified Organizations as a joint venture.
2.a
Packet Pg. 67
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
5 I. Bylaws of Qualified Organizations and verification of current 501(c)(3) Tax Exempt status must be provided with any application submitted under this chapter.
SECTION 4. A new Section 6.32.055 is hereby added to the Code to read in its entirety as follows:
Forty-five (45) days after July fifth of each year, any fireworks wholesaler who has supplied one or more Qualified Organizations with fireworks in that year, shall submit to the Fire Department the following:
A. A separate accounting of the wholesaler’s gross sales to each Qualified Organization, to which the wholesaler sold fireworks in that year.
Any fireworks wholesaler, who fails to comply with Subsection 6.32.0 55 shall be prohibited from setting or supplying any firework booths, in the city, the following year.
SECTION 5. Section 6.32.060 of the Code is hereby repealed in its entirety and amended to read as follows:
The maximum total number of licenses that the City may issue each year shall be equal to the total number of licenses issued to Qualified Organizations in the immediately preceding year, not to exceed 12 licenses per year. By way of example, if the City issues only twelve licenses to Qualified Organizations in a single year, then the following year, the City may only issue twelve licenses to Qualified Organizations.
For purposes of this Section, if, in a single year, a license is issued to two or more Qualified Organizations as a joint venture, pursuant to Section 6.32.050(H) of this Code, then, for purposes of determining the total number of licenses that may be issued in the following year, the total number of licenses issued in that single year shall be deemed to be equal to the total number of Qualified Organizations issued a license in that single year. By way of example, if in a single year nine Qualified Organizations are issued a license to sell fireworks as an individual entity and two Qualified Organizations are issued a license to sell fireworks as a joint venture, then, the following year, the City may issue a maximum of ten licenses.
SECTION 6. Section 6.32.090 of the Code shall be amended to read in its entirety as follows:
Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.
SECTION 7. Section 6.32.130 of the Code shall be amended to read in its entirety as follows:
A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.
2.a
Packet Pg. 68
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
6 B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.
C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.
D. The sale of fireworks Shall not begin before noon on the twenty-eighth day of June and Shall not continue after midnight on the fifth day of July.
E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.
F. The fireworks stand Shall be removed from the temporary location by noon on the fourteenth day of July and all accompanying litter Shall be cleared from the location by said time and date.
G. Portable generators when used for temporary electrical service Shall be located a minimum of twenty -five feet from the fireworks booth when in operation.
H. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth using barrier tape, signs or other suitable means as approved by the Fire Chief.
I. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.
J. All accumulated litter and trash Shall be removed from the booth daily.
SECTION 8. Section 6.32.170 of the Code shall be amended to read in its entirety as follows:
A. Purpose: This Section authorizes the imposition of administrative fines on any person, who violates any provision of this Chapter to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This S ection governs the imposition, enforcement, collection, and administrative review of all administrative fines related to: the possession, use, storage, sale, and/or display of dangerous fireworks, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this Chapter.
Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the police power of the City.
1. Persons violating this Chapter shall be deemed guilty of a misdemeanor. The issuance of an administrative fine to any person
2.a
Packet Pg. 69
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
7 pursuant to this Section constitutes but one remedy of the City to redress violations of this Code by any person. Nothing contained in this Section is intended to or shall be construed as limiting the authority of the City to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the City may otherwise pursue.
2. The imposition of fines related to dangerous fireworks under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty -five (25) pounds or less (gross weight) of such dangerous fireworks.
3. Fines collected pursuant to this Section related to dangerous fireworks shall not be subject to Health and Safety Code section 12706. However, fines collected pursuant to this Section related to dangerous fireworks shall be subject to Health and Safety Cod e section 12726, which section provides that sixty five (65) percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks Enforcement and Disposal Fund, as described in Health and Safety Code section 12728.
4. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provisions of this C hapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Section imposes strict civil liability upon the owners of residential real property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
B. Issuance of Administrative Citations
1. Whenever a City Code Enforcement Officer determines that a violation of this Chapter has occurred, the Code Enforcement Officer may issue an administrative citation on a City -approved form listing the code violation(s) and the amount of the administrativ e fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.
2. Each administrative citation issued under authority of this Section shall contain all of the information listed in Section 8.12.030(B) of this Code.
2.a
Packet Pg. 70
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
8 C. Administrative Fines : Each person who violates any provision of this Chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of
offenses in a
24-month
period
Amount of
Administrative
Penalty
Disposal
Charge
Administrative
Penalty and
Disposal Charge
Total
First $3,000.00 $1,000.00 $4,000.00
Second $5,000.00 $1,650.00 $6,650.00
Administrative Appeal: Any person issued an administrative fine under authority of this Section shall be entitled to an administrative appeal hearing in accordance with the procedures set forth in Chapter 8.12 of this Code.
SECTION 9. If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitution al by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 10. This Ordinance supersedes and voids all prior ordinances, resolutions, and other Council actions which are inconsistent with its terms.
SECTION 11. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 12. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shal l be published at least once in the Press Enterprise , a newspaper published and circulated in the City of Colton, and thereupon and thereafter this ordinance shall take effect and be in force according to law.
2.a
Packet Pg. 71
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
9 PASSED, APPROVED AND ADOPTED this 20th day of September, 2022.
City of Colton
______________________________
By: Frank Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
2.a
Packet Pg. 72
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33184935.1
10 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF COLTON)
I, Carolina Padilla, City Clerk of the City of Colton, California, do hereby certify that the foregoing Ordinance was regularly introduced and duly passed and adopted at a regular meeting of the City Council of the City of Colton, California, duly held the 18th day of August, 2020, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Colton, California, this ____ day of September, 2022.
Carolina Padilla, City Clerk
2.a
Packet Pg. 73
Attachment: ORDINANCE O-12-22-Fireworks (3775 : Fireworks Ordinance) 99999.91809\33706811.1
1 ORDINANCE NO. O-02-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 6.32 OF
THE COLTON MUNICIPAL CODE REGARDING THE SALE,
PURCHASE, AND USE OF FIREWORKS
WHEREAS, the City of Colton permits only Churches, Civic Organizations, and Youth Organizations (collectively “Organizations”), as those terms are defined in Section
6.32.010 of the Code, to apply each year for a license to sell “Safe and Sane” F ireworks between the twenty eighth day of June and the fifth day of July each year (“Fourth of July celebrations”); and
WHEREAS, pursuant to the current version of Section 6.32.060 of the Code, the maximum total number of licenses that may be issued by the City each year is currently limited to fourteen (14) licenses; and
WHEREAS, despite these limitations, before, during, and after Fourth of July celebrations, the City of Colton experiences increased firework related calls caused by the use of illegal and dangerous flying and exploding fireworks; and WHEREAS, as of the date of adoption of this Ordinance, there are twelve (12) Organizations currently qualified by resolution of the City Council to receive one of the fourteen (14) licenses that may be issued in any given year; and WHEREAS, despite these limitations, before, during, and after Fourth of July celebrations, the C ity of Colton experiences increased firework related calls caused by the use of illegal and dangerous flying and exploding fireworks; and WHEREAS, enforcement of the prohibition of illegal and dangerous fireworks through patrols and other means by Police a nd Fire Personnel are made more complex and financially burdensome when “Safe and Sane” fireworks are simultaneously discharged; and
WHEREAS, the entire state of California has seen a dramatic increase in the number and intensity of fires over the past decade; and WHEREAS, due to the increased risk of fires and the minimal effect that the current restrictions on the sale of fireworks within the City has had on the negative impacts caused by illegal and dangerous fireworks, the City desires to further decrease the total number of fireworks sold within the City; and
WHEREAS, the City Council further desires to authorize the issuance of administrative citations with increased fines for violations of this Chapter in order to further deter unlawful firework related activities; and amend the following sections of the Colton municipal code; and
Formatted: Strikethrough
Formatted: Strikethrough
2.b
Packet Pg. 74
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
2 WHEREAS, all the legal prerequisites relating to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6.32.020 of the Code is hereby amended to read in its entirety as follows:
For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
"Based in Colton" means primarily operating within the City limits of Colton and comprised of and for the benefit of the residents of the City. "Church" means a State -certified tax-exempt religious organization. "Civic Organization" means a State -certified nonprofit o rganization organized primarily for charitable purposes.
"Fire Chief" means to include his/her Authorized Representatives. "New Organization" is a Church, Civic or Youth Organization that as of the date of adoption of Ordinance No. O -12-22, has not been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty - eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022
“Qualified Organization” means a Church, Civic or Youth Organization , as of the date of adoption of Ordinance No. O -12-22, has been issued a license to sell fireworks by resolution of the City Council during the time period between noon on the twenty - eighth day of June in the year 202 2 and midnight on the fifth day of July in the year 2022..
"State certified" means an organization recognized as exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code. “Wholesaler” means any person, other than an importer, exporter, or manufacturer selling only to wholesalers, who sells fireworks to a retailer or any other person for resale.
"Youth Organization" means a State certified private organization organized for the purpose of participating in organized sports or civic activities consisting of at least twenty individual members whose maximum age does not exceed eighteen years of age. In addition, seventy -five percent or more of the members Shall be residents of the City of Colton.
2.b
Packet Pg. 75
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
3 SECTION 2. Section 6.32.040 of the Code is hereby amended to read in its entirety as follows:
Applications for a license to sell fireworks Shall:
A. Be made annually by any Qualified Organization that wishes to offer for sale or sell at retail any fireworks of any kind;
B. Be made in writing accompanied by a nonrefundable application fee in an amount to be set by the most recent Council Adopted Fee Schedule. The fee will be used to defray the administrative costs of the fireworks program; permit fee of $428.00, and inspection fee of $285.00 (after hour inspections will require and additional fee of $29.00, and a signed manufacturers firework booth agre ement with payment for $1,367.15 per booth . The fee will be used to defray the administrative costs of the fireworks program and enforcement of firework activities;
C. Be made between the third and tenth day of May each year, except when the last day falls on a Friday, Saturday or Sunday, the following business day Shall be determined to be the last day;
D. Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in a commercial or industrial zone and the written permission of the owner of record or lessee must accompany the application. No stand may be located within one mile of a Cal-Fire designated Very High Fire Hazard Severity Zone ; . However, firework stands will not be located within a quarter (¼) mile of the Very High Fire Hazard Zone at the intersection of South Cooley Drive and Barton Road or within one (1) mile of the Very High Fire Hazard Zone at the intersection of Maryknoll Dri ve and South La Cadena Drive or as determined by the Fire Chief or designee;
E. Be accompanied by an assurance that, if the license is issued to applicant, applicant s hall, at the time of receipt of the license, deliver to the Fire Department of the City, three hundred thousand dollars public liability and fifty thousand dollars property damage insurance certificates designating the City as an additional insured thereunder, and a copy of the requisite license from the State Fire Marshal;
F. Make written app lication to the City's Fire Department, Fire Safety Division at least ten days prior to booth opening for a permit as required by Section 12643 of the Health and Safety Code, Regulations from the California Administrative Code, Title 19, Public Safety.
SECTION 3. Section 6.32.050 of the Code is hereby amended to read in its entirety as follows:
The Following qualifications must be met by each applicant for a license issued under this chapter:
2.b
Packet Pg. 76
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
4 A. A. No license shall be issued to any Person, firm or corporation except to Qualified Organizations.
B. After September 20, 2022, only Qualified Organizations shall be eligible to apply for a license.
1. A New Organization may not apply for a license after September 20, 2022;
2. A Qualified Organization that fails to apply for a license in any year after the year 202 2, shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year; and
3. A Qualified Organization that fails to report its total proceeds from firework sales as required by Section 6.32.040 shall lose its Qualified Organization status and thereby shall be ineligible to apply for a license in any future year.
B. Each Qualified Organization must have its principal and permanent meeting place in the corporate limits of the City; must maintain a bona fide membership of at least twenty members; and must have been organized and established in the City's corporate limits for a minimum of two years continuously preceding the filing of the application for the license.
C. A Qualified Organization applying for a license shall represent the undivided entirety or base group and shall not be permitted to separate into an aggregation of subgroups or clubs affiliated with the parent organization. The entire individual group, club or organization associated with an Institution or organization shall be considered as one single applicant. The intent and purpose for treating all organizations as a single entity is to ensure that the selection process is equitable and that no one organization with multiple subgroups will have an unfair advantage over other single purpose organizations.
E. Where such a Qualified Organization's principal purpose is the advancement o f youth's interests such as sports organizations, only bona fide, currently registered youth members of such organization shall be counted as "members" for the purposes of subsection C of this section.
F. No less than ninety percent of the proceeds derived from the sale of fireworks in the City by the Qualified Organization shall be utilized for the direct advancement of charitable, religious, youth or civic purposes of such organization.
Forty-five (45) days after July fifth of each year, a Qualified Organ ization that is granted a license hereunder and that does operate a Firework Booth, shall submit to the Fire Department an account of the total proceeds from the Qualified Organization’s sales to facilitate a determination of compliance with the provisions of this Chapter.
Formatted: Font: (Default) Arial, 12 pt
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 +
Alignment: Left + Aligned at: 1" + Indent at: 1.5"
2.b
Packet Pg. 77
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
5 G. No Qualified Organization may receive more than one license for fireworks sale during any one calendar year.
H. One license may be issued to two or more Qualified Organizations as a joint venture.
I. Bylaws of Qualified Organizations and verification of current 501 (c)(3) Tax Exempt status must be provided with any application submitted under this chapter.
SECTION 4. A new Section 6.32.055 is hereby added to the Code to read in its entirety as follows:
Forty-five (45) days after July fifth of each year, any fireworks wholesaler who has supplied one or more Qualified Organizations with fireworks in that year, shall submit to the Fire Department the following:
A. A separate accounting of the wholesaler’s gross sales to each Qualified Organization, to which the wholesaler sold fireworks in that year.
Any fireworks wholesaler, who fails to comply with Subsection 6.32.0 55 shall be prohibited from setting or supplying any firework booths, in the city, the following year.Section 6.32.090 of the Code shall be amended to read in its entirety as follows:
Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.
SECTION 5. Section 6.32.060 of the Code is hereby repealed in its entirety and amended to read as follows:
The maximum total number of licenses that the City may issue each year shall be equal to the total number of licenses issued to Qualified Organizations in the immediately preceding year, not to exceed 12 licenses per year. By way of example, if the City issues only twelve licenses to Qualified Organizations in a single year, then the following year, the City may only issue twelve licenses to Qualified Organizations.
For purposes of this Section, if, in a single year, a license is issued to two or more Qualified Organizations as a joint venture, pursuant to Section 6.32.050( H) of this Code, then, for purposes of determining the total number of licenses that may be issued in the following year, the total number of licenses issued in that single year shall be deemed to be equal to the total number of Qualified Organizations issu ed a license in that single year. By way of example, if in a single year nine Qualified Organizations are issued a license to sell fireworks as an individual entity and two Qualified Organizations are issued a license to sell fireworks as a joint venture, then, the following year, the City may issue a maximum of ten licenses.
Section 6.32.130 of the Code shall be amended to read in its entirety as follows: Formatted: Strikethrough
2.b
Packet Pg. 78
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
6 A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.
B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.
C. Each stand must have an adult in attendance and in charge thereof while fireworks are stored therein. Sleeping or remaining i n stand after close of business each day is forbidden.
D. The sale of fireworks Shall not begin before noon on the twenty -eighth day of June and Shall not continue after midnight on the fifth day of July.
E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.
F. The fireworks stands Shall be removed from the temporary location by noon on the fourteenth day of July and all accompanying litter Shall be cleared from the location by said time and date.
G. Prior to the issuanc e of a license, each applicant s hall file with the Fire Department a cash deposit, certificate of deposit or a surety bond made payable to the City in the amount of one hundred dollars to assure compliance with the provisions of this c hapter. Such deposit or certificate Shall be refundable upon compliance with the provisions and requirements of this chapter, including but not limited to the removal of the stand and the cleaning of the site. In the event the licensee does not so comply or remove the stand or clean the site, in a matter required by Fire Chief, the City May do so, or cause the same to be done by other Persons, and the reasonable cost thereof Shall be a charge against the licensee and his surety and the deposit, certificate or bond.
H. Portable generators when used for temporary electrical service Shall be located a minimum of twenty -five feet from the fireworks booth when in operation.
I. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth by the use of barrier tape, signs or other suitable means as approved by the Fire Chief.
J. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.
K. All accumulated litter and trash Shall be removed from the booth daily.
2.b
Packet Pg. 79
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
7 SECTION 6. Section 6.32.090 of the Code shall be amended to read in its entirety as follows:
Qualified Organizations licensed for the selling of fireworks are required to obtain a Temporary Sales Tax Permit from the regional office of the State Board of Equalization.
Section 6.32.170 of the Code shall be amended to read in its entirety as follows:
A. Purpose: This Section authorizes the imposition of administrative fines on any person, who violates any provision of this Chapter to encourage and obtain compliance with the provisions of this Chapter for the benefit and protection of the entire community. This S ection governs the imposition, enforcement, collection, and administrative review of all administrative fines related to: the possession, use, storage, sale, and/or display of dangerous fireworks, with the exception of a pyrotechnic licensee when operating pursuant to that license; and the use of safe and sane fireworks on or at dates, times and/or locations other than those permitted by this Chapter.
Said administrative fines are imposed under authority of Government Code section 53069.4, Health and Safety Code section 12557, and the police power of the City.
1. Persons violating this Chapter shall be deemed guilty of a misdemeanor. The issuance of an administrative fine to any person pursuant to this Section constitutes but one remedy of the City to redress violations of this Code by any person. Nothing contained in this Section is intended to or shall be construed as limiting the authority of the City to employ any other remedy, civil or criminal, to redress any violation of this code by any person, which the City may otherwise pursue.
2. The imposition of fines related to dangerous fireworks under this Chapter shall be limited to persons who possess, sell, use and/or display, or the seizure of, twenty five (25) pounds or less (gross weight) of such dangerous fireworks.
3. Fines collected pursuant to this Section related to dangerous fireworks shall not be subject to Health and Safety Code section 12706. However, fines collected pursuant to this Section related to dangerous fireworks shall be subject to Health and Safety Code section 12726, which section provides that sixty five (65) percent of all administrative fines or penalties collected by the City shall be forwarded to the Controller of the State of California for deposit in the State Fire Marshal Fireworks E nforcement and Disposal Fund, as described in Health and Safety Code section 12728.
2.b
Packet Pg. 80
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
8 4. Because of the serious threat of fire or injury posed by the use of “dangerous fireworks” that can result from persistent or repeated failures to comply with the provision s of this Chapter and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this Section imposes strict civil liability upon the owners of residential rea l property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine.
B. Issuance of Administrative Citations
1. Whenever a City Code Enforcement Officer determines that a violation of this Chapter has occurred, the Code Enforcement Officer may issue an administrative citation on a City -approved form listing the code violation(s) and the amount of the ad ministrative fine required to be paid by the responsible person(s) in accordance with the provisions of this chapter.
2. Each administrative citation issued under authority of this Section shall contain all of the information listed in Section 8.12.030(B) of this Code.
C. Administrative Fines : Each person who violates any provision of this Chapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of
offenses in a
24-month
period
Amount of
Administrative
Penalty
Disposal
Charge
Administrative
Penalty and
Disposal Charge
Total
First $3,000.00 $1,000.00 $4,000.00
Second $5,000.00 $1,650.00 $6,650.00
D. Administrative Appeal : Any person issued an administrative fine under authority of this Section shall be entitled to an administrative appeal hearing in accordance with the procedures set forth in Chapter 8.12 of this Code.
SECTION 7. Section 6.32.130 of the Code shall be amended to read in its entirety as follows:
A. All weeds and combustible material Shall be cleared from the location of the stand including a distance of at least twenty-five feet surrounding the stand.
B. "No Smoking" signs Shall be prominently displayed on the fireworks stand.
2.b
Packet Pg. 81
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
9 C. Each stand must have an adult in atten dance and in charge thereof while fireworks are stored therein. Sleeping or remaining in stand after close of business each day is forbidden.
D. The sale of fireworks Shall not begin before noon on the twenty -eighth day of June and Shall not continue after midnight on the fifth day of July.
E. All unsold stock and accompanying litter Shall be removed from the location by five p.m. on the sixth day of July.
F. The fireworks stand Shall be removed from the temporary location by noon on the fourteenth day of July an d all accompanying litter Shall be cleared from the location by said time and date.
G. Portable generators when used for temporary electrical service Shall be located a minimum of twenty -five feet from the fireworks booth when in operation.
H. A clear space of twenty-five feet Shall be maintained around all portions of the fireworks booth using barrier tape, signs or other suitable means as approved by the Fire Chief.
I. The Fire Department issued permit Shall be prominently displayed in each fireworks stand.
All accumulated litter and trash Shall be removed from the booth daily.
If any section, subsection, sentence, clause, phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared in valid or unconstitutional without regard to whether any portion or the Ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. This Ordinance supersedes and voids all prior ordinances, resolutions, and other Council actions which are inconsistent with its terms.
SECTION 9. Based on the entire record before the City Council, and all written and oral evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt from review under the California Environmental Quality Act (“CEQA”), pursuant t o Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
2.b
Packet Pg. 82
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
10 Code of R egulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 10. This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of the fifteen (15) days from the passage thereof, the Ordinance or a summary of the Ordinance shall be published at least once in the Press Enterprise , a newspaper published and circulated in the City of Colton, and thereupon and thereafter this ordinance shall take effect and be in force according to law.
2.b
Packet Pg. 83
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
11 PASSED, APPROVED AND ADOPTED this 16th day of February, 2021.
City of Colton
______________________________
By: Frank Navarro, Mayor
ATTEST:
______________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________________________
Best Best & Krieger LLP
City Attorney
2.b
Packet Pg. 84
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance) 99999.91809\33706811.1
12 CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF COLTON)
I, Carolina Padilla, City Clerk of the City of Colton, California, do hereby certify that the foregoing Ordinance was regularly introduced and duly passed and adopted at a regular meeting of the City Council of the City of Colton, California, duly held the 18th day of August, 2020, by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAINED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Colton, California, this ____ day of February, 2021.
Carolina Padilla, City Clerk
2.b
Packet Pg. 85
Attachment: COLTON_FIREWORKS ORDINANCE--2021 (004)-c1 RED LINE (3775 : Fireworks Ordinance)
ITEM NO. 3
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CAROLINA PADILLA, CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON SEPTEMBER 6, 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on September 6, 2022.
BACKGROUND
Minutes for the City Council Regular Meeting held on September 6, 2022.
FISCAL IMPACTS
None
ATTACHMENT
1. 09-06-2022 Draft Minutes
3 Packet Pg. 86
2022 SEPTEMBER 06 CC/CUA/CPFA/CHA MEETING 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
CLOSED SESSION MINUTES
September 6, 2022
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 Toro, Koperski, González, Echevarria, Suchil; and Mayor Navarro; Councilmember Cisneros absent/excused.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and City Clerk Padilla.
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Item A/B).
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
B. CLOSED SESSION - CITY MANAGER EVALUATION
Public Employee Performance Evaluation
Title: City Manager
Mayor Navarro adjourned the meeting to Closed Session at 5:02 p.m. and at 6:00 p.m., the meeting reconvened, with all members present heretofore.
City Attorney Campos announced that the City Council did meet in Closed Session and discussed Items A/B; with direction to staff and no reportable action.
***************************************************************************
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
September 6, 2022
Regular Meeting held on the above -given date at 6:02 p.m. in the Council C hamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Don Duenez - Echoes of Love Ministry FLAG SALUTE: Mayor Frank J. Navarro (Veteran)
CITY COUNCIL ROLL CALL
3.a
Packet Pg. 87
Attachment: 09-06-2022 Draft Minutes (3768 : Draft Minutes 09-06-2022) 2022 SEPTEMBER 06 CC/CUA/CPFA/CHA MEETING 2 -
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Kenneth J. Koperski, Mayor Pro Tem Carolina R. Padilla, City Clerk Dr. Luis S. González
John R. Echevarria
Isaac T. Suchil
Council Members Absent
Ernest R. Cisneros (absent/excused)
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Proclamation - Purple Heart City
CM Echevarria read the Proclamation declaring the 17th day of September 2022, as the day in the City of Colton to remember and recognize veterans who are recip ients of the Purple Heart Medal; the contributions and sacrifices of the men and women from the City of Colton who served in the Armed Forces have been vital in defending the hard won freedoms and liberties of our Constitution ; many citizens of our community have been awarded the Purple Heart Medal in recognition of being wounded while engaged in combat with an enemy force, construed as a singularly meritorious act of essential services.
Recognition - Colton Police Officer Edgar Perez for Life Saving Actions Mayor Navarro presented a Certificate of Recognition on behalf of the Mayor and Members of the Colton City Council; the citizens of the City of Colton recognize Officer Perez in appreciation for the prompt response and unselfish act of rescuing an elderly female that was choking by performing the Heimlich maneuver on August 8, 2022, that resulted in saving her life; accepted by Colton Police Officer Edgar Perez.
***************************************************************************
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF SEPTEMBER 6, 2022.
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.
***************************************************************************
PUBLIC HEARINGS
(1) Continued Public Hearing - Street Vacation: Terrace Avenue & De Berry Avenue
TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A
RESOLUTION OF THE CITY COUNCIL OF COLTON, CALIFORNIA, CONDITIONALL Y
3.a
Packet Pg. 88
Attachment: 09-06-2022 Draft Minutes (3768 : Draft Minutes 09-06-2022) 2022 SEPTEMBER 06 CC/CUA/CPFA/CHA MEETING 3 -
VACATING PORTIONS OF SOUTH TERRACE AVENUE AND DE BEERY STREET, RESOLUTION NO. R-94-22.
Mayor Navarro declared the Public Hearing open.
City Clerk Padilla submitted the Notice of Continuance of the Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.
Staff Presentation
City Manager Smith informed Council continuance of the Public Hearing to the Council Meeting of October 4, 2022.
No objection by Mayor and Council so moved.
*************************************************************************** Public Comment
The following community members addressed the Council: Mel Salazar; Cynthia Calderilla; Christine Irish-Ré; Eugene Valdez; Josiah Bruny; and Augie Caldera.
***************************************************************************
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 2 through 11.
Motion and Second by CM González/MPT Koperski to approve consent calendar Item 2 through 11.
Vote: Motion carried with CM Cisneros absent.
(2) Minutes - Approval of Minutes for the City Council Regular Meeting held on August 16, 2022.
(3) Warrants - Approve voucher numbers 200412 to 200495 dated 07/27/2022 and totaling $75,590.58; voucher numbers 200411, 200496 to 200625 date d 07/28/2022 and totaling $1,303,230.91; voucher numbers 200626 to 200776 dated 08/04/2022 and totaling $747,162.60; voucher numbers 200777 to 200886 dated 08/11/2022 and totaling $608,606.25; wires dated 08/08/2022 and totaling $17,862,914.38; a payroll d isbursement listing dated 06/11/2022 to 06/24/2022 and totaling $1,281,432.24 and a payroll disbursement listing dated 06/25/2022 to 07/08/2022 and totaling $1,071,306.20.
(4) Contract Award - DM Contracting - Approve Award of Contract to DM Contracting I nc. for the Reconstruction of Sludge Bed Concrete Wall Project.
(5) Easements - Electric Utility - Accept and Approve the Recordation of Grant of Easement for Electric Purposes at 705 Colton Avenue, 831 Colton Avenue, and 1140 S. Mt. Vernon.
(6) Easement - SRM Colton LLC - Approve Grant of Water Utilities Easement at 833 Valley Blvd.
(7) Grant Award - State of California - Approve Resolution to accept the Equitable Community Revitalization Grant (ECRG) Award from the State of California Department of Tox ic Substance Control (DTSC), RESOLUTION R-98-22.
(8) Purchase - E.H. Wachs - Approve Purchase of Valve Maintenance Trailer from E.H. Wachs.
3.a
Packet Pg. 89
Attachment: 09-06-2022 Draft Minutes (3768 : Draft Minutes 09-06-2022) 2022 SEPTEMBER 06 CC/CUA/CPFA/CHA MEETING 4 -
(9) Purchase - Animal Services Vehicle - Authorize the Purchase of One New Marked Animal Services Utility Vehicle, and Related Emergency Equipment.
(10) Purchase - Badger Meter - Approve Purchase of Water Meter Registers from Badger Meter.
(11) Purchase - Flock Safety Group Inc. / Insight Enterprises Inc. - Approve Purchase of Citywide Vehicle Surveillance System and Automated License Plate Reader from Flock Safety Group Inc. through Insight Enterprises Inc.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None
ADJOURNMENT
At 6:50 p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium of Jacob Rueda and Alfred Marin.
_________________________________
Carolina R. Padilla
City Clerk
3.a
Packet Pg. 90
Attachment: 09-06-2022 Draft Minutes (3768 : Draft Minutes 09-06-2022)
ITEM NO. 4
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 07/22/2022 AND
TOTALING $41,781.30; VOUCHER NUMBERS 200887 TO 200980
DATED 08/18/2022 AND TOTALING $561,228.42; VOUCHER
NUMBERS 200981 TO 201106 DATED 08/25/2022 AND TOTALING
$5,743,376.32 AND A PAYROLL DISBURSEMENT LISTING DATED
07/09/2022 TO 07/22/2022 AND TOTALING $1,536,377.72.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 07/22/2022 and totaling $41,781.30; voucher numbers 200887 to 200980 dated 08/18/2022 and totaling $561,228.42; voucher numbers 200981 to 201106 dated 08/25/2022 and totaling $5,743,376.32 and a payroll disbursement listing dated 07/09/2022 to 07/22/2022 and totaling $1,536,377.72.
BACKGROUND
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.
4 Packet Pg. 91
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
September 20, 2022
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Payroll Registers
4 Packet Pg. 92
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
4.a
Packet Pg. 93
Attachment: Fund Number and Title Legend (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 94
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 95
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 96
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 97
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 98
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 99
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 100
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 101
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 102
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 103
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 104
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 105
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 106
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 107
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 108
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 109
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 110
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 111
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 112
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 113
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 114
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 115
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 116
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 117
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 118
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 119
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 120
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 121
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 122
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 123
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 124
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 125
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 126
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 127
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 128
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 129
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 130
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 131
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 132
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 133
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 134
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 135
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 136
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 137
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 138
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 139
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 140
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 141
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 142
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 143
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 144
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 145
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 146
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 147
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.b
Packet Pg. 148
Attachment: Voucher lists (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 149
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 150
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 151
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 152
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 153
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 154
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 155
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 156
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 157
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 158
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 159
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 160
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 161
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
4.c
Packet Pg. 162
Attachment: Payroll Registers (3722 : Warrants - Accounts Payable)
ITEM NO. 5
STAFF REPORT
DATE: SEPTEMBER 20, 2022
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 JUNE 2022.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer’s Report for June 2022.
ATTACHMENT
1. Treasurer's report June 2022
5 Packet Pg. 163
5.a
Packet Pg. 164
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 165
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 166
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 167
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 168
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 169
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 170
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 171
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 172
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 173
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
5.a
Packet Pg. 174
Attachment: Treasurer's report June 2022 (3778 : Treasurer's Report)
ITEM NO. 6
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT THE 2021 ANNUAL POWER SOURCE DISCLOSURE & POWER CONTENT LABEL, RESOLUTION NO. R-
99-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Resolution R-99-22 approving the 2021 Annual Power So urce Disclosure Report, the 2021 Power Content Label, and Attestation of the Veracity of the Annual Reports.
BACKGROUND
Senate Bill 1305 (SB 1305) was approved in 1997 to ensure that all retail suppliers of electricity disclose to consumers the sources of energy used to provide the electric servi ce in an accurate, reliable, and simple to understand manner. The SB 1305 Report is commonly referred to as the Power Disclosure Report. Colton Electric Department (CED) submits an annual Power Source Disclosure (PSD) Report to the California Energy Commis sion (CEC) by June 1 st of each year.
The information contained in this reporting is used to prepare the annual Power Content Label (PCL), which is mailed to our customers around October of each year.
In 2017, the Regulation for the power source disclosur e reporting was updated and the changes were effective in October 2016. The changes included a provision that requires utilities to engage a third -party certified public accountant (CPA) to perform an audit to verify the specific purchases, resales, and se lf-consumption of energy by fuel type. The regulation includes an exemption from the audit requirement for publically owned electric utilities, “if the governing 6 Packet Pg. 175
Staff Report to the Mayor and City Council
Annual Power Source Disclosure & Power Content Label
September 20, 2022
board of directors approves at a public meeting the submission to the Energy Commission of an attestation of the veracity of the annual report.”
Assembly Bill 1110 (AB 1110) was passed in 2016, but the rulemaking for this legislation was not completed and effective until 2020, for reporting year 2019 and forward. AB 1110 added the disclosure of gr eenhouse gas (GHG) emissions intensity associated with each electricity portfolio. This included the changes to the reporting form to disclose the unbundled renewable energy credits (RECs) as a percentage of annual retail sales.
ISSUES/ANALYSIS
Staff sub mitted the Power Source Disclosure on June 1 st, 2022. However, the State did not release the Power Content Label Data/Template until July 29 th, 2022 and as such, City Staff is providing the final documentation to City Council at this time. The PCL contains both utility- specific data and s tatewide data. CED’s utility -specific data for the PCL is taken directly from page 6 of the PSD document.
In order to be compliant with the regulations, the City Council n eeds to approve Resolution R - 99-22, affirming CED’s 2021 Power Source Disclosure Report, the 2021 Power Content Label, and attests to the veracity of the information in both documents. In addition to this attestation, staff will b e printing and emailing the 2021 PCL to a ll electric utility customers by November, and the PCL will be posted on CED’s webpage for reference.
FISCAL IMPACTS
Approval of Resolution R-99-22 does not have a financial impact to the Electric Department.
ALTERNATIVES
Provide alternative direction to Staff.
ATTACHMENT
1. Signed Attestation PSD - City of Colton
2. PCL Resolution 2021 R-99-22
3. Colton Power Content Label 2021 submitted
4. 2021 PSD Annual Report City of Colton_6_17_22
6 Packet Pg. 176
6.a
Packet Pg. 177
Attachment: Signed Attestation PSD - City of Colton (3771 : Annual Power Source Disclosure & Power Content Label)
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-99-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
APPROVING THE 2021 ANNUAL POWER SOURCE DISCLOSURE REPORT , THE 2021 POWER CONTENT LABEL, AND ATTESTATION OF THE VERACITY
OF THE ANNUAL REPORTS
WHEREAS, Senate Bill 1305 was adopted in 1997, establishing a Power Source Disclosure Program that requires retail sellers of electricity to annual submit a power source disclosure report to the California Energy Commission, and,
WHEREAS, the Colton Electric Utility is a retail selle r of electricity as defined by the Power Source Disclosure Program, and;
WHEREAS, the Power Source Disclosure Regulation was updated effective October 31, 2016, requiring an annual audit by an outside certified public accountant of the information in the annual Power Source Disclosure Report, and;
WHEREAS, Assembly Bill 1110, as passed in 2016, and the regulation for Power Source Disclosure was amended, and the changes effective in 2020 for reporting year 2019 and forward, to include disclosure of greenho use gas (GHG) emissions intensity associated with each electricity portfolio, and to include changes to the reporting form to disclose the unbundled renewable energy credits (RECs) as a percentage of retail sales, and;
WHEREAS, a publically owned utility (POU) is exempt from the annual audit requirement if the governing body of the POU approves at a public meeting the submission to the Energy Commission of an attestation of the veracity of the annual report, and;
WHEREAS, Colton Electric Utility staff prepared and submitted the 2021 Annual Power Source Disclosure Report to the Energy Commission in accordance with the Regulation, and;
WHEREAS, at the Regular Meeting of the Colton Utilities Commission Meeting on August 10, 2020, the Utilities Commission recommended that the City Council approves the submission of the annual report and provides an attestation of the veracity of the annual report.
WHEREAS, CED staff has been informed by California Energy Commission staff that the attestation of the veracity of the annual report must also reference the information provided in the annual Power Content Label, and;
WHEREAS, the 2021 Power Content Label template was released by California Energy Commission for use by CED, and other load -serving entities on July 29, 2022. CED staff has completed the 2021 Power Content Label and the information on the document is the same as the information reported on Page 6 of CED’s 2021 Power Source Disclosure annual report.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
6.b
Packet Pg. 178
Attachment: PCL Resolution 2021 R-99-22 (3771 : Annual Power Source Disclosure & Power Content Label)
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
Section 1 Approve the submission of the 2021 Annual Power Source Disclosure Report, the 2021 Power Content Label, and provide attestation of the veracity of the annual reports submitted by staff.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER 2022.
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
CAROLINA R. PADILLA
City Clerk
6.b
Packet Pg. 179
Attachment: PCL Resolution 2021 R-99-22 (3771 : Annual Power Source Disclosure & Power Content Label) 2021 POWER CONTENT LABEL
City of Colton Electric
www.ci.colton.ca.us/AgendaCenter/Utilities-Commission-7 Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources
Electricity
Portfolio
Name
2021 CA
Power Mix
Eligible Renewable1 25.3% 33.6%
Biomass & Biowaste 12.4% 2.3%
657 456 Geothermal 0.0% 4.8%
Eligible Hydroelectric 0.3% 1.0%
Solar 10.8% 14.2%
Wind 1.9% 11.4%
Coal 0.0% 3.0%
Large Hydroelectric 0.8% 9.2%
Natural Gas 16.6% 37.9%
Nuclear 5.3% 9.3%
Other 0.0% 0.2%
Unspecified Power2 51.9% 6.8%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3: 2%
1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology.
2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation.
Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this
electricity portfolio, contact:
City of Colton Electric
(909) 370-6195
For general information about the
Power Content Label, visit: http://www.energy.ca.gov/pcl/ For additional questions, please
contact the California Energy
Commission at:
Toll-free in California: 844-454-2906
Outside California: 916-653-0237
Electricity Portfolio
Name 2021 CA Utility Average
0 200
400
600
800
1000
Electricity
Portfolio
Name
2021 CA
Utility
Average
6.c
Packet Pg. 180
Attachment: Colton Power Content Label 2021 submitted (3771 : Annual Power Source Disclosure & Power Content Label) Version: May 2022
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 88,831 25.3%
Biomass & Biowaste 43,402 12.4%
Geothermal - 0.0%
Eligible Hydroelectric 1,027 0.3%
Solar 37,817 10.8%
Wind 6,585 1.9%
Coal - 0.0%
Large Hydroelectric 2,969 0.8%
Natural gas 58,381 16.6%
Nuclear 18,697 5.3%
Other - 0.0%
Unspecified Power 182,448 51.9%
Total 351,326 100.0%
351,326
657
2.3%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2021
(RETAIL SUPPLIER NAME)
(ELECTRICITY PORTFOLIO NAME)
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.
6.d
Packet Pg. 181
Attachment: 2021 PSD Annual Report City of Colton_6_17_22 (3771 : Annual Power Source Disclosure & Power Content Label)
ITEM NO. 7
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO AMEND THE FISCAL YEAR 2021-22 BUDGET FOR RESIDENTIAL SOLID WASTE
DISPOSAL SERVICES, RESOLUTION NO. R-102-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve Resolution R -102-22 (Exhibit A) amending the FY20 21-22 Solid Waste Fund Budget to:
1. Appropriate $73,786 in Solid Waste Professional Services Expenditure Account for Residential Disposal Services.
2. Increase revenues by $68,038 in the Solid Waste Fund Refuse Billing Account for Residential Disposal Services.
BACKGROUND
In 2017 CR&R purchased the right to provide municipal solid waste collection services in the City of Colton from Republic Services. The terms and conditions of CR&R Municipal Solid Waste (MSW) service do not change from the original Franchise Agr eement with Republic Services.
On June 5, 2018, City Council approved Resolution R-57-18 providing for annual adjustments in CR&R’s refuse collection rates based on the Consumer Price Index (CPI) for the San Bernardino/Riverside region plus, any increase in disposal fees from County operated landfills, 7 Packet Pg. 182
Staff Report to the Mayor and City Council
Budget Appropriation - Solid Waste Fund FY2021-22
September 20, 2022
which are a ‘pass -through’ expense by CR&R to the City. Pursuant to Resolution R -57-18, the refuse rates are automatically adjusted by the CPI each year through the Fiscal Year 2021/2022.
ISSUES/ANALYSIS
Under the terms of the Franchise Agreement, the City is responsible for the monthly billing for all residential customers for solid waste collection and disposal services and CR&R in return bills the City for their residential disposal services.
When rev iewing CR&R’s residential disposal services at mid -year, refuse collection expenses were in-line with our projected budget, but had a slight increase towards the last three months of billing. Actual costs for refuse services ended approximately 2.4% highe r than the original projected. Staff is requesting approval to increase the appropriation for Fiscal Year 2021 -2022 for disposal services by $73,786 in order to pay for CR&R’s June 2022 invoice. Staff is also requesting approval to increase the budgeted re venue by $68,038 to reflect the actual revenue received.
FISCAL IMPACTS
The total expenditures exceeded the revenue by $8,369.
An additional appropriation of $73,786 is required in order to pay CR&R’s June 2022 invoice.
Approval of R-102-22 will amend the FY 2021-22 budget to:
Increase appropriations in Solid Waste Fund Professional Services Account Number 523- 6150-6163-2350-0000-000 by $73,786
Increase revenue in Solid Waste Fund Refuse Billing Account Number 523 -6717-000 by $68,038
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. Exhibit 'A' - Resolution R-102-22
7 Packet Pg. 183
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
- 1 -
RESOLUTION NO. R-102-22
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL YEAR 2021/2022 BUDGET FOR THE PUBLIC WORKS SOLID WASTE DIVISION.
WHEREAS, the budget for fiscal year 202 1-22 has been approved by City Council, and must now be amended to increase the appropriation in the Public Works, Solid Waste , Professional Services line item for costs associated with Residential Disposal Services; and, WHEREAS, t he funding will be utilized to pay for CR&R’s June 2022 invoice for Residential Disposal Services; by amending the Professional Services Expenditure Account for FY 2021/2022.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council here by amends the Fiscal Y ear 2021 -22 budget appropriation as follows:
Increase appropriations in Solid Waste Fund Professional Services expenditure account number 523-6150-6163-2350 by $73,786. Increase revenue s in Solid Waste Fund Refuse Billing Account N umber 523-6717 by $68,038.
PASSED, ADOPTED AND APPROV ED THIS 20th DAY OF SEPTEMBER, 2022.
______________________________
Frank J. Navarro, Mayor
ATTEST:
_____________________________
Carolina R. Padilla, City Clerk
7.a
Packet Pg. 184
Attachment: Exhibit 'A' - Resolution R-102-22 (3782 : Budget Appropriation - Solid Waste Fund FY2021-22)
ITEM NO. 8
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION AMENDING THE CITY OF COLTON’S CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974, RESOLUTION NO. R-101-
22. RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and Adopt Resolution No. R -101-22, accepting the amended Conflict o f Interest Code of the City of Colton pursuant to the Political Reform Act, section 87303.
SUMMARY
Pursuant to the Political Reform Act (the “Act”), the City Council directed staff to: (1) conduct a review of the City’s Conflict of Interest Code (“Code ”) to determine if a change in the Code was necessary, and (2) file a biennial notice regarding the results of the review on or before October 3, 2022.
During the review process, staff found that amendments to the City’s Conflict of Interest Code are nece ssary. A redlined version of the proposed amended Code is attached showing the revisions made.
BACKGROUND
The Political Reform Act of 1974, Government Code section 81000, et seq. (the “Act”), requires all public agencies to adopt and maintain a Conflict of Interest Code. The Act further requires that agencies regularly review and update their codes as directed by the code -reviewing body or 8 Packet Pg. 185
Staff Report to the Mayor and City Council
Biennial Conflict of Interest Code
September 20, 2022
when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s code-reviewing body. As the code -reviewing body, the City Council directed that the Code be reviewed and, if a change in the Code was necessary, that a revised Code be prepared and submitted to the City Council for approval. During this review, staff found that certain amendments to the Code are necessary.
Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the need to include new positions that must be designated, revises titles of existing positons, and delete titles of positions that have been abolished and/or position that no longer make or participate in making governmental decisions.
Government Code section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code-reviewing body.
Attachment: Legislative (redline) version of proposed amended Conflict of Interest Code.
ATTACHMENT
1. Resolution No. R-101-22
2. COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1
3. COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1
4. Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned
5. COLTON_ NOTICE OF INTENTION 2022-c1
8 Packet Pg. 186
1 23152.06010\33283038.1
RESOLUTION NO. R-101-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Colton (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Inter est Code (the "Code"), which was amended on October 6, 2020, in compliance with the Act; and WHEREAS, subsequent changed circumstances within th e City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time an d place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on September 20, 2022 , at which all present were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Colton that:
1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours;
8.a
Packet Pg. 187
Attachment: Resolution No. R-101-22 (3776 : Biennial Conflict of Interest Code) 2 23152.06010\33283038.1
2. The said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER 2022.
__________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
CAROLINA R. PADILLA
City Clerk
8.a
Packet Pg. 188
Attachment: Resolution No. R-101-22 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
BBK - August 2022
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
8.b
Packet Pg. 189
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 1 BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended September 20, 2022)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 California Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18 730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Colton (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of econom ic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
8.b
Packet Pg. 190
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 APP. A- 1 - BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended September 20, 2022)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who 4manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.
Finance Director
Financial Consultant
1 Individuals holding one of the above -listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
8.b
Packet Pg. 191
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 APP. A- 2 - BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Analyst I/II 5
Assistant Director of Public Works & Engineering 2, 3, 5 Assistant Director of Utility Operations 2, 3, 5
Assistant Electric Utilities Director 5
Associate Engineer 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector II 6
Building Maintenance Supervisor 5
Building Official 5, 6
Business License/Collections Officer 5, 6
City Attorney (not filing under Gov. Code 87200) 1, 2
Code Enforcement Officer 6
Community Child Care Manager 5
Community Services Director 2, 3, 5
Deputy City Clerk 5
Development Services Director 1, 2
Economic Development Manager 1, 2
Electric Field Operations Foreman 5
Electric Utilities Inspector (ALL) 6
Electric Utility Systems Designer 2, 3, 5,
8.b
Packet Pg. 192
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 APP. A-3- BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Environment & Conservation Supervisor 2, 5, 7
Finance Manager 4
Fire Battalion Chief 5
Fire Captain 5
Fire Chief 5
Fire Marshal 5, 6
Homeless Solutions Coordinator 5, 7
Human Resources Analyst 5
Human Resources & Risk Management Director 4
Information Technology Supervisor 5
Library Manager 5
Planning Manager 2, 3, 5
Plans Examiner I/II 2, 3, 5, 6
Police Captain 2, 3, 5
Police Chief 5
Police Lieutenant 5
Police Records Supervisor 5
Project Manager (ALL) 2, 3, 5
Public Works & Utility Services Director 2, 3, 5
Public Works Superintendent 2, 3, 5
Public Works Supervisor 5
Public Works & Utilities Inspector 6
8.b
Packet Pg. 193
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 APP. A-4- BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Public Works Water/Wastewater Administrative Manager 2, 3, 5 Purchasing & Customer Service Manager 4
Recreation Services Coordinator 5, 7
Recreation Services Manager 5
Senior Accountant 5, 7
Senior Energy Services Specialist 2, 5
Senior Human Resource Analyst 5
Senior Planner 2, 3, 5, 6
Senior Risk Management Analyst 4
Substation Superintendent 5
Utilities Financial Analyst (ALL) 5
Utilities Planning Manager 5
Utility Resources Analyst 2, 3, 5
Water & Wastewater Utilities Superintendent 2, 3, 5
8.b
Packet Pg. 194
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 APP. A-5- BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Code Enforcement & Housing Advisory Appeals Board 2, 3, 5 General Fund Transfer Committee 1, 2
Library Board 2, 3, 5
Oversight Board to Successor Agency 1, 2
Parks & Recreation Foundation & Designee 1, 2
Recreation & Parks Commission 1, 2
Successor Agency 1, 2
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov.
Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and loca tion as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
8.b
Packet Pg. 195
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.3 APP. B-2- BBK - August 2022
LAW OFFICES OF
BEST BEST & KRIEGER LLP
PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that do busine ss or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two 2) miles outside, the boundaries of the City , including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
8.b
Packet Pg. 196
Attachment: COLTON, CITY_ CIC AMENDMENT 2022 (Final)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
BBK - September 2020 August 2022
LEGISLATIVE VERSION
(SHOWS CHANGES MADE)
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
8.c
Packet Pg. 197
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
1 BBK - September 2020 August 2022
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended October 6, 2020 September 20, 2022)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 California Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Colton (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
8.c
Packet Pg. 198
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APP. A- 1 - BBK - September 2020 August 2022
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended October 6, 2020 September 20, 2022)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who 4manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments. 1 These positions are listed here for informational purposes only.
Finance Director
Financial Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
8.c
Packet Pg. 199
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APP. A- 2 - BBK - September 2020 August 2022
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Analyst I/II 5
Assistant Director of Public Works & Engineering 2, 3, 5 Assistant Director of Utility Operations 2, 3, 5
Assistant Electric Utilities Director 5
Assistant Public Works & Utilities Director [Position reorganized into two positions, “Assistant Director of Public Works & Engineering” and “Assistant Director of Utility Operations] 2, 3, 5 Associate Engineer 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector II 6
Building Maintenance Supervisor 5
Building Official 5, 6
Business License/Collections Officer 5, 6
City Attorney (not filing under Gov. Code 87200) 1, 2
City Engineer 2, 3, 5
Code Enforcement Officer 6
Community Child Care Administrative Assistant 5
Community Child Care Manager 5
Community Services Director 2, 3, 5
Deputy City Clerk 5
Deputy Fire Chief 5
8.c
Packet Pg. 200
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
APP. A-3- BBK - September 2020 August 2022
Development Services Director 1, 2
Economic Development Manager 1, 2
Electric Field Operations Foreman 5
Electric Utilities Inspector (ALL) 6
Electric Utility Systems Designer 2, 3, 5,
Environment & Conservation Supervisor 2, 5, 7
Finance Manager 4
Fire Battalion Chief 5
Fire Captain 5
Fire Chief 5
Fire Marshal 5, 6
Homeless Solutions Coordinator 5, 7
Human Resources Analyst 5
Human Resources & Risk Management Director 4
Information Technology Supervisor 5
Information Technology Coordinator 5
Library Manager 5
Literacy Coordinator/Branch Supervisor 5
Planning Manager 2, 3, 5
Plans Examiner I/II 2, 3, 5, 6
Police Captain 2, 3, 5
Police Chief 5
Police Lieutenant 5
8.c
Packet Pg. 201
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
APP. A-4- BBK - September 2020 August 2022
Police Records Supervisor 5
Project Manager (ALL) 2, 3, 5
Public Works & Utility Services Director 2, 3, 5
Public Works Engineering Superintendent 2, 3, 5
Public Works Superintendent 2, 3, 5
Public Works Supervisor 5
Public Works & Utilities Inspector 6
Public Works Water/Wastewater Administrative Manager 2, 3, 5 Purchasing & Customer Service Manager 4
Recreation Services Coordinator 5, 7
Recreation Services Manager 5
Senior Accountant 5, 7
Senior Energy Services Specialist 2, 5
Senior Human Resource Analyst 5
Senior Planner 2, 3, 5, 6
Senior Risk Management Analyst 4
Substation Superintendent 5
Transmission & Distribution Superintendent 5
Utilities Financial Analyst (ALL) 5
Utilities Planning Manager 5
Utility Resources Analyst 2, 3, 5
Water & Wastewater Utilities Superintendent 2, 3, 5
8.c
Packet Pg. 202
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
APP. A-5- BBK - September 2020 August 2022
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Application Review Committee 1, 2 [Staff only Committee only advisory with no decision-making authority]
Code Enforcement & Housing Advisory Appeals Board 2, 3, 5 Historic Preservation Commission 2, 3, 5 [This commission was disbanded and its duties delegated to the Planning Commission] Library Board 2, 3, 5
Measure D Oversight Committee General Fund Transfer Committee 1, 2 Oversight Board to Successor Agency 1, 2
Parks & Recreation Foundation & Designee 1, 2
Recreation & Parks Commission 1, 2
Successor Agency 1, 2
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov.
Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
8.c
Packet Pg. 203
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code) 23152.06010\40616702.2
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APP. B-2- BBK - September 2020 August 2022
PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which he or she the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two 2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
8.c
Packet Pg. 204
Attachment: COLTON_ CITY_ CIC AMENDMENT 2022 (Legislative)-c1 (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 205
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 206
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 207
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 208
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 209
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 210
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 211
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 212
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 213
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 214
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 215
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 216
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 217
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 218
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 219
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code)
8.d
Packet Pg. 220
Attachment: Regulation 18730.Provisions-of-Conflict-of-Interest-Codes- Scanned (3776 : Biennial Conflict of Interest Code) 23152.06010\40669207.1
NOTICE OF INTENTION TO AMEND THE
CONFLICT OF INTEREST CODE OF THE
CITY OF COLTON
NOTICE IS HEREBY GIVEN that the City of Colton intends to amend the its Conflict of Interest Code (the “Code”) pursuant to Government Code Section 87306.
The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment includes new positions that must be des ignated, revises titles of existing positons, and delete titles of positions that have been abolished and/or position that no longer make or participate in making governmental decisions.
The proposed amended Code will be considered by the City Council on September 20, 2022, at 5:00 p.m. at the City of Colton, 650 N. La Cadena Drive, Colton, California. Any interested person may be present electronically and comment at the public meeting or may submit written comments concerning the proposed amendment.
Any comments or inquiries should be directed to the attention of Stephanie Vargas, Deputy City Clerk, City of Colton, 650 N. La Cadena Drive, Colton, CA 92324 ; (909) 370-5001. Written comments must be submitted no later than September 20, 2022, at 5:00 p.m.
Copies of the proposed amended Code may be obtained from, the Deputy City Clerk.
.
8.e
Packet Pg. 221
Attachment: COLTON_ NOTICE OF INTENTION 2022-c1 (3776 : Biennial Conflict of Interest Code)
ITEM NO. 9
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AWARD OF CONTRACT TO ENVIRONMENTAL
SYSTEM RESEARCH INDUSTRIES INC. (ESRI) FOR ELECTRIC GIS SUPPORT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the procurement of geographic information system (GIS) software support from Environmental System Research Institutes, Inc. (ESRI) in the amount of $55,000 for FY2022-23, $55,000 for FY2023-24 and $55,000 for FY2024 -25; and authorize the City Manager to execute the proposal submitted by ESRI. ESRI is the sole source provider of all U.S domestic Small Municipal and County Government Enterprise Agreements (EA). Per Municipal Code 3.08.140 (B) exempts competitive bidding since there is no competitive market.
BACKGROUND
For the past several years, Colton Electric Department (CED) has utilized ESRI’s GIS system for the maintenance and monitoring of the City’s electrical , w ater, and sewer facilities and infrastructure. GIS application is a tool that allows users to create interactive queries (user - created searches), analyze spatial or multi -dimensional information, edit data in maps, and present, view or display the results of all these operations. Electric, water, and sewer crews use the GIS system in identifying and monitoring problems, and in managing and responding to power outages, water/sewer interruptions, and other issues related to electric, water, and sewer.
ISSUES/ANALYSIS
9 Packet Pg. 222
Staff Report to the Mayor and City Council
Contract Award - Environmental System Research Institutes, Inc. (ESRI) September 20, 2022
ESRI is the global leader in the GIS technology and has been utilized extensively by the City for a number of years now. The ESRI proposal for the first year is $55,000 and $55,000 for the next two succeeding years. The scope includes the use of the license and product supports. It also includes a support for ArcGIS utility network management to enhance the network management capabilities within ArcGIS.
FISCAL IMPACTS
Sufficient appropriations are available in the FY2022 -23 adopted budget for GIS software supports in following accounts: 520-8000-8002-2350-0923-0000, 521 -8100-8101-2315, and 522-8200-8200-2315. As the software supports operations in all three utilities, an even split between the utilities is budgeted. FY2023-24 and FY2024-25 amounts will be included in the requested budget for the respective fiscal years.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. ESRI CONTRACT
2. SS Ltr for City of Colton (SGEA) 8-23-22
9 Packet Pg. 223
380 New York Street 909.793.2853 esri.com
Redlands, California 92373-8100 USA [email protected]
February 23, 2022
Mr. Phillip Hinojos
City of Colton
650 N La Cadena Dr
Colton, CA 92324-2823
Dear Phillip,
The Esri Small Municipal and County Government Enterprise Agreement ( SGEA) is a three‐year agreement that will grant your organization access to Esri term license software. The EA will be effective on the date executed and will require a firm, three‐year commitment.
Based on Esri's work with several organizations similar to yours, we know there is significant potential to apply Geographic Information System (GIS) technology in many operational and technical areas within your organization. For this reason, we believe that your organization will greatly benefit from an Enterprise Agreement (EA).
An EA will provide your organization with numerous benefits including:
▪ A lower cost per unit for licensed software
▪ Substantially reduced administrative and procurement expenses ▪ Complete flexibility to deploy software products when and where needed
The following business terms and conditions will apply:
▪ All current departments, employees, and in-house contractors of the organization will be eligible to use the software and services included in the EA.
▪ If your organization wishes to acquire and/or maintain any Esri software during the term of the agreement that is not included in the EA, it may do so separately at the Esri pricing that is generally available for your organization for software and maintenance.
▪ The organization will establish a single point of contact for orders and deliveries and will be responsible for redistribution to eligible users.
▪ The organization will establish a Tier 1 support center to field calls from internal users of Esri software.
The organization may designate individuals as specified in the EA who may directly contact Esri for Tier 2 technical support.
▪ The organization will provide an annual report of installed Esri software to Esri.
▪ Esri software and updates that the organization is licensed to use will be automatically available for downloading.
▪ The fee and benefits offered in this EA proposal are contingent upon your acceptance of Esri’s Small Municipal and County Government EA terms and conditions.
9.a
Packet Pg. 224
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI)) Small Government Enterprise Agreement
▪ Licenses are valid for the term of the EA.
This program offer is valid for 90 days. To complete the agreement within this time frame, please contact me within the next seven days to work through any questions or concerns you may have.
To expedite your acceptance of this EA offer:
1. Sign and return the EA contract with a Purchase Order or issue a Purchase Order that references this EA Quotation and includes the following statement on the face of the Purchase Order:
"THIS PURCHASE ORDER IS GOVERNED BY THE TERMS AND CONDITIONS OF THE ESRI
SMALL MUNICIPAL AND COUNTY GOVERNMENT EA, AND ADDITIONAL TERMS AND CONDITIONS IN THIS PURCHASE ORDER WILL NOT APPLY."
Have it signed by an authorized representative of the organization.
2. On the first page of the EA, identify the central point of contact/agreement administrator. The agreement administrator is the party that will be the contact for management of the software, administration issues, and general operations. Information should include name, title (if applicable), address, phone number, and e-mail address.
3. In the purchase order, identify the "Ship to" and "Bill to" information for your organization.
4. Send the purchase order and agreement to the address, email or fax noted below:
Esri
Attn: Customer Service SG-EA
380 New York Street
Redlands, CA 92373-8100
e-mail: [email protected]
fax documents to: 909-307-3083
I appreciate the opportunity to present you with this proposal, and I believe it will bring great benefits to your organization.
Thank you very much for your consideration.
Best Regards,
Natalie Carter
9.a
Packet Pg. 225
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI)) Quotation # Q-464592
Date: April 26, 2022
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853 Fax: (909) 307-3049
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 16935 Contract # ENTERPRISE
AGREEMENT
City of Colton
Electric
650 N La Cadena Dr
Colton, CA 92324-2823
To expedite your order, please attach a copy of ATTENTION: Phillip Hinojos this quotation to your purchase order. PHONE: (909) 514-4224 Quote is valid from: 2/23/2022 To: 8/22/2022 EMAIL: [email protected]
Material Qty Term Unit Price Total
168179 1 Year 1 $55,000.00 $55,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 1 Year 2 $55,000.00 $55,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement 168179 1 Year 3 $55,000.00 $55,000.00
Populations of 50,001 to 100,000 Small Government Term Enterprise License Agreement Subtotal: $165,000.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $165,000.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Natalie Carter
Email:
[email protected]
Phone:
(909) 793-2853 x7419
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
CARTERN This offer is limited to the terms and conditions incorporated and attached herein.
9.a
Packet Pg. 226
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI)) Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise and Workgroup
(Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Engine
ArcGIS Engine Extensions: ArcGIS 3D Analyst, ArcGIS
Spatial Analyst, ArcGIS Engine Geodatabase Update,
ArcGIS Network Analyst, ArcGIS Schematics
ArcGIS Runtime (Standard)
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 ArcGIS Insights in ArcGIS Enterprise
5 ArcGIS Insights in ArcGIS Online
50 ArcGIS Tracker for ArcGIS Enterprise
50 ArcGIS Tracker for ArcGIS Online
4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
9.a
Packet Pg. 227
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
9.a
Packet Pg. 228
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
9.a
Packet Pg. 229
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
9.a
Packet Pg. 230
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.a
Packet Pg. 231
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
9.a
Packet Pg. 232
Attachment: ESRI CONTRACT (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
SOLE SOURCE LETTER
Environmental Systems Research Institute, Inc. (Esri)
380 New York Street
Redlands, CA 92373
J-8933-SGE/JR August 23, 2022
Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL [email protected] • WEB www.esri.com
DATE: August 23, 2022
TO: City of Colton
FROM: Jackie Ricks, Contracts Specialist I, Contracts and Legal Services Dept.
RE: Esri Sole Source Justificat ion for Small Municipal and County Government Enterprise Agreement
This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy.
Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri® software.
If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990.
9.b
Packet Pg. 233
Attachment: SS Ltr for City of Colton (SGEA) 8-23-22 (3754 : Contract Award - Environmental System Research Institutes, Inc. (ESRI))
ITEM NO. 10
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE AMENDMENT NO. 2 FOR THE KOA CORPORATION
PROFESSIONAL SERVICE AGREEMENT FOR THE RECHE
CANYON ROAD REALIGNMENT TO HUNTS LANE (PROJECT),
RESOLUTION R-100-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Amendment No. 2 for Professional Services Agreement with KOA Corporation for $26,220 for the preparation of the Historic Resources Evaluation Report (HRER) and the Aquatic Resources Delineation Study necessary for the completion of environmental document for Reche Canyon Road Realignment to H unts Lane Project, and authorize the City Manager to execute the amended agreement.
2. Approve Resolution R -100-22 (Exhibit B) amending the Fiscal Year 2022 -23 Capital Improvement Program budget increasing funding for the Reche Canyon Road Realignment to Hunts Lane Project.
BACKGROUND
The City of Colton received a federal grant in the amount of $359,960 for the Reche Canyon Road Realignment to Hunts Lane Project. Reche Canyon Road is one of the busiest arterial streets in the City of Colton. The road connects the City of Colton to the cities of Loma Linda and Moreno Valley, and unincorporated areas in the counties of Riverside and San Bernardino.
The average daily traffic for this arterial road is approximately 17,000 vehicles per day. As a result, the intersections of Hunts Lane and Reche Canyon at Washington Street are constantly congested during peak hour traffic in the morning and afternoon. 10 Packet Pg. 234
Staff Report to the Mayor and City Council
Contract Amendment - KOA Corporation
September 20, 2022
The scope of the Reche Canyon Road Realignment to Hunts Lane Project includes realignment and extension of Reche Canyon Road to Hunts Lane at the intersection of Washington Street (see attached conceptual plan - Exhibit A). The project will provide a new four-lane asphalted street, sidewalk, bikelane and a traffic signal at the intersection of existing road (fro nt of the apartment complex).
ISSUES/ANALYSIS
On October 6, 2019, the City awarded a professional service agreement contract to KOA Corporation in the amount of $434,965.25 for the preparation of environmental documents, engineering design and right of w ay support for the Reche Canyon Road Realignment to Hunts Lane Project. Subsequently, Amendment No. I was awarded on June 7, 2022 in the amount of $64,750 for a contract total of $499,715. Contract Amendment No. 1 pertained to a Noise Study Report and th e Visual Impact Assessment required by Caltrans necessary to complete the environmental documents for the project.
After further review of the Preliminary Study (PES), Caltrans environmental staff determined that a Historic Resources E valuation Report (H RER) and an Aquatic Resources Delineation Study are necessary for the completion of the environmental document. The HRER will evaluate the Gage Canal within the area of potential effect (APE) for historical significance . The study will be prepared by an architectural historian who qualifies as a principal investigator for architectural history, as defined by Caltrans. The Aquatic Resources Delineation Study will evaluate the project impact to Reche Canyon Channel due to its proximity to the project. The channel will be evaluated for the presence of wetland and non -wetland waters of the United States and for the presence of California Department of Fish and Wildlife (CDFW) protected species. These studies were not anticipated at the start of the project, as the project is located in an isolated area and close to existing and heavily travelled two main arterial streets (Reche Canyon Road and Washington Street). Below is the itemized cost proposal for KOA Corporation’s Contract Amendment No. 2:
1. Project Management, Coordination, and Administration $ 2,200
2. Historic Resources Evaluation Report $10,945
3. Finding of Effect (FOE) - Optional $ 5,390
4. Aquatic Resource Delineation $ 7,700
Total $26,235
The PES indicates that a Finding of Effect (FO E) may be needed for the project. The FOE will be prepared only if there is eligible historical resource within the APE. This task is included as optional and will only be necessary if the Gage Canal is determined to be a historic property.
Caltrans will review and approve all of the needed technical studies.
10 Packet Pg. 235
Staff Report to the Mayor and City Council
Contract Amendment - KOA Corporation
September 20, 2022
The KOA Corporation new contract amount for the preparation of environmental document, engineering design and right of way support for the Reche Canyon Road Realignment to Hunts Lane Project will be $525,950.25 (Exhibit C). Environmental and design phase for the project are anticipated to be completed by June 2023, with final design and right of way phase by December 2024, and construction by December 2025.
FISCAL IMPACTS
Upon approval of Reso lution No. R -100-22, the funding for Amendment No. 2 for the preparation of environmental document, engineering design and right of way support for the Reche Canyon Road Realignment to Hunts Lane Project are available on the following capital improvement account with the cost breakdown:
Account Number Current Balance Amendment #2
Funding
Balance After
Reso No. R-100-22
450-1701-6900-3890 - Regional
Traffic Impact Fee $28,917.25 $11,438.46 $40.355.71
450-1701-6971-3890 – Arterial
Measure I $37.405.89 $14,796.54 $52,202.43
Total $66,323.14 $26,235.00 $92,558.14
Arterial Measure I is reimbursable thru SBCTA. The cost sharing percentage between the two funding sources are based on the SBCTA nexus study for the Measure I 2010 -2040 Strategic Plan. Regional Traffic Impact Fee (Development Fee) represents 43.6% of the cost breakdown and Arterial Measure I represents 56.4%.
ENVIRONMENTAL IMPACTS
Preparation of documents for the California Environmental Quality Act (CEQA) and the National Environmental Qual ity Acts (NEPA) is part of the Preliminary Engineering Phase for this Project.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Conceptual Layout
2. Exhibit B - Resolution R-100-22
3. Exhibit C - KOA Contract Amendment No. 2
10 Packet Pg. 236
20+0021+0023+0024+0025+0026+0027+0028+0029+0030+0031+0032+0033+0034+0035+0036+0037+0038+0039+00 22+00 103010401050106010701080
1020103010401050106010701080
1020 RECHE CANYON ROAD EXTENSION CL PROFILE
12'12'6'6'SW
EX. E'LY R/W
C
BIKELANELANE2.0%PROP. PAVEMENTTYPE "8" C&G
L
12'LANE12'6'6'SWBIKELANELANE2.0%PROP. PAVEMENTTYPE "8" C&G12'LANE EX. W'LY R/W 88'PROP.RETAINING WALL
TYPICAL SECTION
2:1MAX
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS14" SS14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
14" SS
8" SS8" SS8" SS8" SS8" SS8" SS
14" SS
8" SS8" SS8" SS8" SS8" SS8" SS8" SS8" SS8" SS
SD
SD
24" SD24" SD24" SD24" SD24" SD24" SD24" SD28" SD28" SD28" SD28" SD28" SD 14" SD
18" SD
28" SD28" SD28" SD
lll lll
lll
lll
lll
lll
lll
lll
lll
lll
lll lll lll lll
llllll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll lll
lll
lll
lll
lll lll lll llllllllllllllllll
lll
lll
llllll
lll
llllll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll
lll lll
lll
OH
OH
OH
OH
OH
OH
OH
OH
OHOH
OH
OH
OH
OHOH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OHOH
OHOHOHOHOHOH
OHOH
OHOHOHOHOHOH
OHOHOHOHOHOHOHOH
OHOHOHOHOHOHOH
OH
OH
OH
OH
OH
OH
OH
OH
OHOHOHOHOHOHOHOHOHOHOHOHOHOHOH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OH
OHOHOHOHOH
OH
OH
OH
OHOHOHOHOHOH OHOH
T
T
D
D
D
D
D
D
D
D D
S
S
S
S
S
SS
S
MH
20+00
21+0022+00
23+00
24+00
25+00
26+00
27+00
28+00
29+00
30+00
31+00
32+00
33+00
34+00
34+65
City of Colton, Department of Public WorksReche Canyon Extension To hunts Lane ProjectConceptual Design Alternative 2 PLANNING | ENGINEERING |CONSTRUCTION MANAGEMENT
= CENTER LINE
= EXISTING CURB= PROPOSED CURB AND GUTTER= EXISTING CURB AND GUTTER= RIGHT OF WAY = PROPOSED PCC SIDEWALK
= PROPOSED AC PAVEMENT= SIGNALIZED INTERSECTION
Legend
= PROPOSED RETAINING WALL= PROPOSED STRIPING= PROPOSED PAVEMENT MARKING= PROPOSED SIGNAL EQUIPMENT VERT. SCALE 1"-8'HORIZ. SCALE 1"-40'(XXX.XX) = EXISTINGXXX.XX = PROPOSED 040SCALE 1"=40'80
North
EX. C/G PROP.. C/G PROP.. C/G
PROP. C/GPROP. C/GEX. C/G
EX. C/G
JOIN EX. C/G
EX. C/G
PROPOSED SIGNALIMPROVEMENTS
EX. R/WEX. R/WEX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. R/W
EX. RAISEDMEDIAN
PROP. CATCH BASINAND LOCAL DEPRESSIONRELOCATE POWER POLER= 35'
CONSTRUCT ISLANDPASSAGEWAY
GAGE CHANNEL
PROP. C/GPROPOSED SIGNALIMPROVEMENTS
EX. R/WEX. RAISEDMEDIAN
EX. RAISEDMEDIAN
PROP. CATCH BASINAND LOCAL DEPRESSION
PROP.CATCH BASINAND LOCAL DEPRESSIONRECONSTRUCT MEDIAN NOSE
RECONSTRUCT MEDIAN NOSE
R= 35'R= 35'
EX. C/G
GRADING LIMIT
GRADING LIMIT
GRADING LIMIT
GRADING LIMIT
EX. C/G
EX. GAGETRANSMISSION PIPELINE
EX. GAGETRANSMISSION PIPELINE
EX. R/W
EX. R/W
R= 35'PROP. C/GPROP. C/G
EX. R/W
10.a
Packet Pg. 237
Attachment: Exhibit A - Conceptual Layout (3774 : Contract Amendment - KOA Corporation)
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-100-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AMENDING THE FISCAL YEAR 2022-23 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 of Colton needs to allocate additional funding in the amount of $26,235 for the preparation of Historic Resources Evaluation Report (HRER) and the Aquatic Resources Delineation Study for the completion of environme ntal documents for the Reche Canyon Road Realignment to Hunts Lane Project; and,
WHEREAS, the funding will be provided thru Regional Traffic Impact Fee in the amount of $11,438.46 (43.6%) and Arterial Measure I in the amount of $14,796.54 (56.4%); and,
WHEREAS, a budget appropriation not listed in the Fiscal Year 2022/2023 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 FY 2022-23 budget:
Increase appropriations in 249-1000-1000-5993-0004-450 by $11,438.46; Increase revenues in 450-5993-249 by $11,438.46;
Increase Appropriations by $11,438.46 in account number 450 -1701-6900-3890-0000 for Historic Resources Evaluation Report (HRER) and the Aquatic Resources Delineation Study needed for the Reche Canyon Road Realignment to Hunt s Lane Project;
Increase appropriations in 218-1000-1000-5993-0004-450 by $14,796.54; Increase revenues in 450-5993-218 $14,796.54;
Increase appropriations by $14,796.54 in account number 450-1701-6971-3890-0000 for Historic Resources Evaluation Report (HRER) and the Aquatic Resources Delineation Study needed for the Reche Canyon Road Realignment to Hunts Lane Project.
PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER 2022.
10.b
Packet Pg. 238
Attachment: Exhibit B - Resolution R-100-22 (3774 : Contract Amendment - KOA Corporation)
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
__________________________
FRANK J. NAVARRO
Mayor
ATTEST:
__________________________________
CAROLINA R. PADILLA
City Clerk
10.b
Packet Pg. 239
Attachment: Exhibit B - Resolution R-100-22 (3774 : Contract Amendment - KOA Corporation) (BB&K: 2-12)
23152.06020\1435122.5
AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND
KOA CORPORATION
1. PARTIES AND DATE.
This Amendment No. 2 to the Professional Services Agreement (“2nd Amendment”) is made and entered into this 21st day of September , 2022 by and between the City of Colton (“City”) and KOA Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this 2nd Amendment.
2. RECITALS.
2.1 Agreement. City and Consulta nt entered into that certain Professional Services Agreement dated October 7 , 2020 (“Agreement”), whereby Consultant agreed to provide services for the preparation of plans and environmental documents for the Reche Canyon Road Realignment to Hunts Lane Project (“Project”).
2.2 Amendment. City and Consultant desire to amend the Agreement for the 2nd time to increase contract amount and to extend the term of the Agreement.
3. TERMS.
3.2 Scope of Services and Term. Compensation . Section 3.3.1 of the Agreement is hereby deleted in its entirety and replaced with the following:
3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit ”A” at tached hereto and incorporated herein by reference. The total compensation shall not exceed Five Hundred Twenty-Five Thousand Nine Hundred Fifty and 25/100 Dollars ($525,950.25) without written approval of City’s City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this 2ndAmendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this 2nd Amendment.
10.c
Packet Pg. 240
Attachment: Exhibit C - KOA Contract Amendment No. 2 (3774 : Contract Amendment - KOA Corporation) 2 (BB&K: 2-12)
23152.06020\1435122.5
3.4 Adequate Consideration. The Parties hereto irrevocably stipu late and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this 2nd Amendment.
3.4 Counterparts. This Amendment No. 2 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
10.c
Packet Pg. 241
Attachment: Exhibit C - KOA Contract Amendment No. 2 (3774 : Contract Amendment - KOA Corporation) 3 (BB&K: 2-12)
23152.06020\1435122.5
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF COLTON
AND KOA CORPORATION
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to Professional Services Agreement as of the 21st day of September, 2022.
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest: _________________________
Carolina R. Padilla
City Clerk
KOA CORPORATION
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
By: _________________________
Signature
_________________________
Name (Print)
_________________________
Title (Print)
10.c
Packet Pg. 242
Attachment: Exhibit C - KOA Contract Amendment No. 2 (3774 : Contract Amendment - KOA Corporation)
4 (BB&K: 2-12)
23152.06020\1435122.5
EXHIBIT “A”
COMPENSATION
Compensation to KOA Corporation for the services of this Agreement shall not exceed Five Hundred Twenty -Five Thousand Nine Hundred F ifty and 25/100 Dollars ($525,950.25) without written approval of City’s City Council.
Below is the cost breakdown of KOA Corporation Contract for the preparation of plans and environmental documents for the Reche Canyon Road Realignment to Hunts Lane Project:
I. Original Contract $434,965.25
II. Amendment No 1 $ 64,750.00
1. Project Management and Administration $ 6,500
2. Noise Study Report (One Build Alternative) $15,500
3. Noise Abatement Decision Report $12,250
4. Visual Assessment (One Build Alternative) $30,500
Sub-total $64,750
III. Amendment No 2 $ 26,235.00
1. Project Management and Administration $ 2,200
2. Historic Resources Evaluation Report $10,945
3. Finding of Effect (FOE) - Optional $ 5,390
4. Aquatic Resource Delineation $ 7,700
Sub-total $26,235
_______________________________________________________________________ IV. New Contract Total $525,950.25
10.c
Packet Pg. 243
Attachment: Exhibit C - KOA Contract Amendment No. 2 (3774 : Contract Amendment - KOA Corporation)
ITEM NO. 11
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARK TOMICH, DIRECTOR
SUBJECT: RESOLUTIONS OF INTENTION TO ANNEX INTO COMMUNITY FACILITIES DISTRICT NOS. 2021-1 (PUBLIC SAFETY) AND 2021-2 (MAINTENANCE), RESOLUTION NO. R-103-22 & R-104-22.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Adopt Resolutions of Intention of the City Council of the City of Colton, California, w ith respect to annexation of: Annexation No. 1, into the City of Colton Community Facilities District No. 2021 -1 (Public Safety) and Community Facilities District No. 2021 -2 (Maintenance Services).
BACKGROUND
Community Facilities Districts (“CFDs”) are a n option for local governments to consider, which impose a special tax to provide a portion of the funding necessary to deliver services to newly developed areas. If warranted, CFDs are then created pursuant to the Mello -Roos Community Facilities Act of 19 82 (the “Act”). The special tax is then collected with the property taxes.
On July 20, 2021, the City Council formed two Community Facilities Districts:
CFD 2021-1 (Public Safety).
The District was formed by the City Council for the purpose of financin g certain types of public safety services, including but not limited to the following:
Police protection services; and
11 Packet Pg. 244
Staff Report to the Mayor and City Council
Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2 September 20, 2022
Fire protection services.
CFD 2021-2 (Maintenance Services)
The District was formed by the City Council for the purpose of financing c ertain types of City maintenance 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.
ISSUES/ANALYSIS
The City has received a petition from Pacific West Management, a California general partnership, Producer Industrial Partners, LLC, a California limited liability company and Robert J. Neal, as Trustee of Robert J. Neal and Bernarda A. Neal Revocable Trust, the legal owners of the property proposed to be annexed into the two Districts, regarding annexation into the Districts (the “Annexation”).
Annexation No. 1 will consist of property located within San Bernardino County, Assessor’s Parcel Numbers: 0275 -223-23, 02 75-223-44, 0275 -223-45, 0275 -223-46, 1167-051-18, 1167-051-19, 1167-051-20, 1167-131-03, 1167-131-04.
The boundaries of each of the Annexation areas are shown in the boundary map included with this staff report.
In order to initiate annexation into the Districts, the City required that the Owner submit applications, deposit and the petitions to annex into the Districts in accordance with the Act.
Subsequently, the City Council will need to consider approval of the resolutions of intention to annex terr itory to the two Districts and adopt the boundary maps (the “Resolutions of Intention”), which are being presented at this meeting. The Resolutions of Intention 1) describes the boundaries of the proposed Annexation and adopts the boundary maps; 2) describ es 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 November 1, 2022 at 5:00 p.m. in the City Council chambers and; 5) calls for the preparation of a report containing a 11 Packet Pg. 245
Staff Report to the Mayor and City Council
Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2 September 20, 2022
complete description of public services, and estimated costs and particulars on the rate and method of apportionment of special taxes.
If the Resolution of Intention is adopted, the City must publish a public notice in a local paper and mail such public notice to the property owner(s). At its November 1, 2022, meeting, the City Council will conduct the public hearing. After the public hearing has been held, the City C ouncil may adopt the resolutions authorizing the Annexation into the Districts and calling an election regarding the levy of special taxes within the Districts for the Annexation.
The annexation of the territory to the Districts and the levy of the propos ed special taxes within such area shall be subject to approval of the qualified electors of the Annexation at a special election, which can be held on the same day as the public hearing if all the land owners consent to such date in writing. Ballots will b e provided to the respective qualified electors in accordance with the Act. The ballots are then counted, and if the Annexation is approved by the respective qualified electors, the City adopts a resolution calling the election results.
Following adoption of such resolutions, the City Council will consider adoption of an ordinance authorizing the levy of special taxes within the Annexation area.
FISCAL IMPACTS
The special tax revenues proposed to be levied by the District will offset the cost of providing the respective increased City services, which are a result of the new development.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22
2. Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22
3. RMA Colton CFD 2021-1 Annexation No. 1
4. RMA Colton CFD 2021-2 Annexation No. 1 v1
11 Packet Pg. 246
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-103-22
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 -1 (PUBLIC SAFETY) AND ADOPTING A MAP OF
THE AREA PROP OSED TO BE ANNEXED THERETO (ANNEXATION
NO. 1)
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 Pacific West Management, a California general partnership (“PWM”), Producer Industrial Partners, LLC, a California limited liability company (“PIP”) and Robert J. Neal, a s Trustee of Robert J. Neal and Bernarda A. Neal Revocable Trust (the “Neal Trust”) (the Neal Trust, PIP, and PWM, collectively the “Owner”), the owners of certain real property within the City requesting that such property be annexed to the District in or der 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) police protection services and (b) fire protection services (the “Services”); an d 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 o f 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, B E IT RESOLVED AND ORDERED by the City Council of the City of Colton, California,
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 Commun ity Facilities District is City of Colton Community Facilities District No. 2021 -1 (Public Safety), County of San Bernardino, State of California.
11.a
Packet Pg. 247
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 2 -
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 Ter ritory 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 77, and as File No. 2021 -0296813 in the official re cords 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 “Annexa tion Map No. 1, City of Colton Community Facilities District No. 2021-1, 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 fi nance 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 an d 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 spe cial taxes shall be as set forth in Exhibit “B” attached hereto and by this reference made a part hereof.
11.a
Packet Pg. 248
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 3 -
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 occurr ing 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 November 1, 2022, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, CA 92324 or via teleconference as directed by the City due to COVID-19 social distancing guidelines.
Section 11. Notice. The City Clerk shall publish a notice of the time and place of said h earing 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 C ity 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 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 incid ental 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 conduc ting the election on the proposition with respect to the levy of
11.a
Packet Pg. 249
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 4 -
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 elect ion 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 hea ring, 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, wit h 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 it 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 elec tion 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 election s, and Division 4 (commencing with Section 4000) of the California Elections
11.a
Packet Pg. 250
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 5 -
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 and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a statement pu rsuant 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 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 per son 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 lan downer-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 acre age 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 na me 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
11.a
Packet Pg. 251
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 6 -
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 completed 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 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.
Section 14. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER, 2022.
FRANK J. NAVARRO
Mayor
ATTEST:
CAROLINA R. PADILLA
City Clerk
11.a
Packet Pg. 252
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 7 -
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property is identified as San Bernardino County, Assessor’s Parcel Numbers:
0275-223-23, 0275 -223-44, 0275 -223-45, 0275 -223-46, 1167 -051-18, 1167 -051-19, 1167 - 051-20, 1167-131-03, 1167-131-04.
///
///
///
11.a
Packet Pg. 253
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 8 -
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR THE CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (IMPROVEMENT AREA NO. 1) (PUBLIC SAFETY)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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 2022-23, 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:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“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.
“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.
11.a
Packet Pg. 254
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 9 -
“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.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City. “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 Residential Property, Public Property or Property Owner Association Property.
“Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City.
“Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office 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. “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.
11.a
Packet Pg. 255
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 10 -
“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 2022-23, 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 2022-23 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.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2022-23, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2022-23 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$322.57 per
Residential Unit
Multi-Family Residential
Property
$226.33 per
Residential Unit
Office Property $3,253.21 per Acre
Industrial Property $7,946.88 per Acre
Other Non-Residential
Property $0.00 per Acre
11.a
Packet Pg. 256
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 11 -
For each subsequent Fiscal Year following Fiscal Year 2022-23, 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 2022-23, 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 2022-23 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 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.
///
///
///
11.a
Packet Pg. 257
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 12 -
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.
///
///
///
11.a
Packet Pg. 258
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-1_Public Safety._ R-103-22 (3780 : Intent to Annex - Community Facilities 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-104-22
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 AR EA PROPOSED TO BE ANNEXED THERETO
(ANNEXATION NO. 1)
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 Bernard ino, 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 Pacific West Management, a California general partnership (“PWM”), Producer Industrial Partners, LLC, a California limited liability company (“PIP”) and the Robert J. Neal, as Trustee of Robert J. Neal and Bernarda A. Neal Revocable Trust (the “Neal Trust”) (the Neal Trust, PIP and PWM, collectively the “Owner”), the owners of certain real property within the City requesting that such property be annexed to t he 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, an d open space; (b) flood and storm protection services, (c) graffiti abatement, and the operation and maintenance of storm drainage systems; (d) operation and maintenance 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 (e) 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 Ac t of 1982,” (the “Act”) to annex territory to the District by complying with the procedures set forth in said Article 3.5.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City
Council of the City of Colton, California,
///
///
///
11.b
Packet Pg. 259
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 2 -
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 the annexation to the District of the territory described in Exhibit “A” attached h ereto. 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 Distric t 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 i s 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. 1, City of Colton Community Facilities District No. 2021-2, 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 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.
11.b
Packet Pg. 260
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 3 -
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 o f 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, 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 a nd 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 c opy 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 C ode, 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 November 1, 2022, in the Council Chambers of the City Council, 650 N. La Cadena Drive, Colton, CA 92324 or via teleconference as directed by the City due to COVID-19 social distancing guidelines.
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 financed by the District, including the territory proposed to be financed, if it is approved, are hereby directed, pursuant to the requirements of Section
11.b
Packet Pg. 261
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 4 -
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 of special taxes within the territory proposed to be annexed to the District to shall be as follows:
(a) If at the time of th e 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 b e 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 mai l 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 shall be held on the earliest date following the conclusion of the protest hearing upon which it can be held pursuant to Section 53326 which may be selected by the City Council, or such earlier date as the owners of lan d 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 electo rs 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.
11.b
Packet Pg. 262
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 5 -
(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 elect or 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 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 offic ial 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 o f 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 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 natura l 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 landown er-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 land owner 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)
11.b
Packet Pg. 263
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 6 -
the address of the voter, (vi) the date of signing and place of execution of said declarat ion, 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 completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all ot her 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 s hall 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.
Section 14. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF SEPTEMBER, 2022.
FRANK J. NAVARRO
Mayor
ATTEST:
CAROLINA R. PADILLA
City Clerk
11.b
Packet Pg. 264
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 7 -
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property is identified as San Bernardino County, Assessor’s Parcel Numbers:
0275-223-23, 0275 -223-44, 0275 -223-45, 0275 -223-46, 1167 -051-18, 1167 -051-19, 1167 - 051-20, 1167-131-03, 1167-131-04.
///
///
///
11.b
Packet Pg. 265
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 8 -
EXHIBIT B
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
FOR THE CITY OF COLTON
COMMUNITY FACILITIES DISTRICT NO. 2021-2 (IMPROVEMENT AREA NO. 1) (MAINTENANCE SERVICES)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
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 2022-23, 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:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“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.
“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.
///
11.b
Packet Pg. 266
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 9 -
“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.
“Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City. “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 Residential Property, Public Property or Property Owner Association Property.
“Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City.
“Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office 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. “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.
11.b
Packet Pg. 267
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 10 -
“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 2022-23, 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 2022-23 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.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2022-23, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2022-23 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$62.40 per
Residential Unit
Multi-Family Residential
Property
$43.36 per
Residential Unit
Office Property $658.80 per Acre
Industrial Property $592.92 per Acre
Other Non-Residential
Property $296.46 per Acre
11.b
Packet Pg. 268
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 11 -
For each subsequent Fiscal Year following Fiscal Year 2022-23, 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 2022-23, 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 2022-23 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 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
11.b
Packet Pg. 269
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 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
RVPUB\MXM\666167.1 - 12 -
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.
///
///
///
11.b
Packet Pg. 270
Attachment: Resolution of Intention_Annexation No. 1 to CFD 2021-2_Maintenance._R-104-22 (3780 : Intent to Annex - Community Facilities 1 RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021-1 (Public Safety), Annexation No. 1, 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 2022-23, 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:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“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.
11.c
Packet Pg. 271
Attachment: RMA Colton CFD 2021-1 Annexation No. 1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 2 “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.
“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. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City. “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 Residential Property, Public Property or Property Owner Association Property. “Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City. “Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office Property.
11.c
Packet Pg. 272
Attachment: RMA Colton CFD 2021-1 Annexation No. 1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 3 “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.
“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.
11.c
Packet Pg. 273
Attachment: RMA Colton CFD 2021-1 Annexation No. 1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 4 B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2022-23, 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 2022-23 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.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2022-23, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2022-23 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$322.57 per
Residential Unit
Multi-Family Residential
Property
$226.33 per
Residential Unit
Office Property $3,253.21 per Acre
Industrial Property $7,946.88 per Acre
Other Non-Residential
Property $0.00 per Acre
For each subsequent Fiscal Year following Fiscal Year 2022-23, 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 2022-23, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
11.c
Packet Pg. 274
Attachment: RMA Colton CFD 2021-1 Annexation No. 1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 5 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 2022-23 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 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.
11.c
Packet Pg. 275
Attachment: RMA Colton CFD 2021-1 Annexation No. 1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 6 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.
11.c
Packet Pg. 276
Attachment: RMA Colton CFD 2021-1 Annexation No. 1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 1 RATE AND METHOD OF
APPORTIONMENT OF SPECIAL TAX
For the City of Colton Community Facilities District No. 2021-2 (Maintenance Services), Annexation No. 1, 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 2022-23, 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:
“Acre” or “Acreage” means the land area in acres of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area in acres shown on the applicable final map, parcel map, condominium plan, or other map or plan recorded with the County. The square footage of an Assessor’s Parcel is equal to the Acreage of such parcel multiplied by 43,560.
“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.
11.d
Packet Pg. 277
Attachment: RMA Colton CFD 2021-2 Annexation No. 1 v1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 2 “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.
“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. “Industrial Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for manufacturing, production, research and development, storage and/or processing of goods, or for any other uses that are consistent with industrial land use designations as determined by the City. “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 Residential Property, Public Property or Property Owner Association Property. “Office Property” means all Assessor’s Parcels of Developed Property for which a building permit(s) permitting the construction of one or more non-residential facilities has been issued by the City which are, or are expected by the City to be, primarily used for professional/medical offices, or for any other uses that are consistent with office land use designations, as determined by the City. “Other Non-Residential Property” means all Non-Residential Property, excluding Industrial Property and Office Property.
11.d
Packet Pg. 278
Attachment: RMA Colton CFD 2021-2 Annexation No. 1 v1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 3 “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.
“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.
11.d
Packet Pg. 279
Attachment: RMA Colton CFD 2021-2 Annexation No. 1 v1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 4 B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2022-23, 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 2022-23 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.
C. SPECIAL TAX RATES
1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2022-23, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.
The Maximum Special Tax for Developed Property for Fiscal Year 2022-23 is shown below in Table 1.
TABLE 1
Land Use Type Maximum
Special Tax
Single Family
Residential Property
$62.40 per
Residential Unit
Multi-Family Residential
Property
$43.36 per
Residential Unit
Office Property $658.80 per Acre
Industrial Property $592.92 per Acre
Other Non-Residential
Property $296.46 per Acre
For each subsequent Fiscal Year following Fiscal Year 2022-23, 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 2022-23, each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.
11.d
Packet Pg. 280
Attachment: RMA Colton CFD 2021-2 Annexation No. 1 v1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 5 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 2022-23 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 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.
11.d
Packet Pg. 281
Attachment: RMA Colton CFD 2021-2 Annexation No. 1 v1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2) 6 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.
11.d
Packet Pg. 282
Attachment: RMA Colton CFD 2021-2 Annexation No. 1 v1 (3780 : Intent to Annex - Community Facilities District Nos. 2021-1 and 2021-2)
ITEM NO. 12
STAFF REPORT
DATE: SEPTEMBER 20, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: APPROVE THE ANNUAL LEGISLATIVE PLAN FOR THE
LEGISLATIVE YEAR 2023.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve the annual Legislative Plan for the 2023 Legislative Year.
BACKGROUND
As a means to be active in legislative advocacy, a formal Legislative Policy has been developed to promote the specific interests of the City of Colton. As such, staff is advancing a comprehensive Policy to guide the legislative process for the 2023 legislative year.
The attached Legislative Policy document details the overall program, including le gislative positions, process outline and staff duties. As stated in the Legislative Policy’s Purpose Statement, “the purpose of the City of Colton’s Legislative Year 2023 Policy is to provide a vehicle for the City Council and staff to pursue legislative objectives in the most efficient and effective way.” Practically speaking, many legislative issues are brought to the City by way of letters requesting support or opposition from lobbyist organizations, other cities sponsoring legislation or special inter est groups. Due to the time sensitive nature of these requests, staff needs to be able to prepare the necessary letters without special action of the Council. Having a Plan that outlines the City’s position on routine issues that impact cities enables st aff to prepare the necessary letters for the Mayor’s signature, or respond to inquiries with a firm City position, without individual Council action.
Matters that are not clearly defined in the City’s Legislative Policy can and will continue to be brought to the full City Council on a case -by-case basis. The general philosophy of the Policy is 12 Packet Pg. 283
Staff Report to the Mayor and City Council
Legislative Policy - 2023
September 20, 2022