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Agenda packet

Colton City Council
May 16, 2023

Document
Agenda packet
Meeting
May 16, 2023
Body
Colton City Council
Pages
3
Original file
26.2 MB
Text extracted from the city's file for reading and search. Open the original on coltonca.api.civicclerk.com. That file is the official record.

1 CITY OF COLTON
City Hall, Council Chambers
650 N. La Cadena Drive
Colton, CA 92324
Website: www.coltonca.gov

Mayor Frank J. Navarro
Council Members:

David J. Toro – District 1
Kelly J. Chastain – District 2
Dr. Luis S. Gonzalez – District 3
John R. Echevarria – District 4

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, MAY 16, 2023 – 5:00 P.M.

CITY HALL, COUNCIL CHAMBERS
CLOSED SESSION - 5:00 p.m.

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session 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.

Please state your name and your City of Residence before providing your comment.

2 A. Conference with Legal Counsel - Potential Litigation (Government Code section 54956.9(d)(2))
One (1) Potential Case
B. Conference with Real Property Negotiators
Property: APN No. 1167-121-07
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: Silver Springs LLC (WH FT Owner IX) Under Negotiation: Price and Terms of Payment

Conference with Real Property Negotiators
Property: APN No. 1167-051-02
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attor ney Negotiating Parties: Elsinore Valley Municipal Water District Under Negotiation: Price and Terms of Payment

Conference with Real Property Negotiators
Property: APN Nos. 0275-223-26 and 0275-223-64
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: Dan F. Hughes / Woodrow Hughes
Under Negotiation: Price and Terms of Payment

Conference with Real Property Negotiators
Property: APN No. 0275-223-62
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: 439 Stoddard Avenue LLC / 2881 Hulen Place LLC Under Negotiation: Price and Terms of Payment

Conference With Real Property Negotiators
Property: APN Nos. 0275-223-24, 1167-121-06
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: Southern California Edison
Under Negotiation: Price and Terms of Payment

CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN No. 0275-223-58 and 0275-223-22
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: Southern Pacific Railroad Company
Under Negotiation: Price and Terms of Payment

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Council will strictly enforce these rules in order to allow full expression of ideas and opinions by councilmembers, staff and the public. Generally, the City's rules of decorum prohibit comments or actions which willfully disrupt the meeting. All remarks and questions shall be addressed to the Council as a whole and not to any particular member. No individual Councilmember or member of the City staff shall be questioned without first obtaining permission from the Presiding

3 Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Ruben Cimental – Sovereign Grace Impact Ministries

FLAG SALUTE

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations
 Business Recognition - Juan Colorado Fine Mexican Grill  Proclamation - Colton Student Leadership Day
o Certificates to be presented to Colton Student Leadership  Proclamation - Salvation Army Week

MAYOR AND COUNCIL ITEMS

GIFT DISCLOSURES
Prior to rendering a decision in any proceeding involving a license, permit, contract or other entitlement pending before the City Council, any Council Member who has received been promised a gift or gifts aggregating $50.00 or more in value within the preceding twelve months from a party or participant in the proceeding shall disclose that fact either orally or in writing during open session. This disclosure shall be made part of the official public record of the proceeding, either as part of the minutes of the meeting or as a separate writing filed with the city. (CMC Section 2.04.030) AB 1234 ORAL REPORTS
Members of the City Council shall provide brief reports on meetings attended at the expense of the city. (GC Section 53232.3(d))

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS
There are no Public Hearings items.

BUSINESS ITEMS

4 (1) AB 481 Report - Annual Military Equipment Use Inventory - Approve Annual Update to City Council on Military Equipment Pursuant to California AB481.
[Staff Person: Hank Dominguez]
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.

Please state your name and your City of Residence before providing your comment.

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.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on May 02, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(3) Warrants - Approve US Bank voucher dated 03/23/23 and totaling $58,095.15; wires dated 03/31/2023 and totaling 2,171,135.08; voucher numbers 205141 to 205233 dated 04/13/2023 and totaling $978,951.98; replacement checks dated 04/18/2023 and totaling $2,788.20; voucher numbers 205241 to 205334 dated 04/20/2023 and totaling $731,495.00; a payroll disbursement listing dated 03/18/2023 to 03/31/2023 and totaling $930,293.88 and a payroll disbursement listing dated 04/1/2023 to 04/14/2023 and totaling $931,966.42.
[Staff Person: Stacey Dabbs]
(4) Agreement - City of Grand Terrace - Approve Cooperative Agreement with the City of Grand Terrace for Asphalt Paving along Litton Avenue, Rosedale Avenue and Palm Avenue, RESOLUTION NO. R-34-23. [Staff Person: Brian Dickinson]
(5) Change Order - AT&T Consulting & Network Integration Services - Approve Change Orders Totaling the Amount of $70,421.45 for the Microsoft 365 Migration Project. [Staff Person: Stacey Dabbs]
(6) Contract Amendment - Aqua-Ben Corporation - Approve Additional Funding for Purchase of Hydrofloc 750A and 751 Polymer from Aqua-Ben Corporation.
[Staff Person: Brian Dickinson]
(7) Notice of Completion - Carniegie Building Painting Project - Approve a Notice of Completion for the Carnegie Building Painting Project, Completed by Performance Construction & Painting. [Staff Person: Brian Dickinson]

5 (8) Project List - Road Repair and Accountability Act of 2017 (SB-1) - Approve List of Projects for Fiscal Year 2023-2024 funded by SB-1: Road Repair and Accountability Act of 2017, RESOLUTION NO. R-41-23. [Staff Person: Brian Dickinson]
(9) Purchase - Ken Grody Ford - Approve the Purchase of a 2023 Ford Pro Series Lightning Crew Cab Pickup Truck to Ken Grody Ford of Redlands and Authorize the Sale of Unit 208, a 2015 Ford Flex for the Public Works & Utility Services Department.
[Staff Person: Brian Dickinson]
(10) Second Reading of Ordinance No. O-04-23 - Waive full reading and Read by Title Only, to Approve An Ordinance of the City Council of the City of Colton, Amending Section 10.04.109 of the Colton Municipal Code to Include Truck Weight Limit Signs on Various City Streets, ORDINANCE NO. O-04-23. [Staff Person: Stephanie M. Vargas]

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor and Council on various issues and activities throughout the community. Comments shall be limited to 5 Minutes per speaker.

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the 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 applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers 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 Cou ncil Manual of Procedure.

RULES OF DECORUM

To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaining to decorum and order, as provided for in the City Council Manual of Procedure. The City Coun cil 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 an d 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 th at 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 foll owing 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 ques tions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

All matters listed under the Consent Ca lendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.

7 In compliance with the American with Disabilities Act, if you need special assistance to participate in a City Meeting, please contact the City Clerk’s Office at 909 -370-5001. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

LEGAL CHALLENGES

If you challenge in court any discussion or action taken concerning an item on this Agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City's consideration of the item at the meeting.

MANUAL OF PROCEDURE

The City Council adopted its Manual of Procedure pursuant to Resolution No. R -41-18. Copies are available in the Office of the City Clerk.

ITEM NO. 1

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HANK DOMINGUEZ, POLICE CHIEF
SUBJECT: APPROVE ANNUAL UPDATE TO CITY COUNCIL ON MILITARY EQUIPMENT PURSUANT TO CALIFORNIA AB481.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve an “Annual Military Equipment Use Inventory Report”; and

2. Renew Ordinance No. O-05-22 Approving an AB 481 Military Equipment Use Policy

BACKGROUND

Assembly Bill 481 (“AB 481”), codified at Government Code sections 7070 through 7075, requires the Colton Police Department (“Department”) to obtain annual approval from City Council of its military equipment use policy (“Policy”) in order to continue t he use of previously acquired military equipment. The term “military equipment,” as used in AB 481, does not necessarily indicate equipment used by the military. Items deemed to be “military equipment” include, but are not limited to, unmanned aerial or gr ound vehicles, armored vehicles, command and control vehicles, pepper balls, less lethal shotguns, less lethal 40mm projectile launchers, long range acoustic devices, and flashbangs. The list of items considered “military equipment” by AB 481 are employed by many law enforcement agencies across the country as best practices to enhance citizen and officer safety. Provided as an attachment to this staff report is the updated inventory list of military equipment that the department maintains, in accordance wit h Government Code section 7072. The use of the military equipment identified on the inventory list is vital to the Department’s mission and will continue to be strictly regulated through internal processes and oversight.

ISSUES/ANALYSIS
1 Packet Pg. 8
Staff Report to the Mayor and City Council
AB 481 Report - Annual Military Equipment Use Inventory May 16, 2023

Page 2 ends

On May 3, 2022, t he City Council adopted Ordinance No. O -05-22 adopting a Military Equipment Use Policy, in accordance with AB 481. A copy of the Policy is included as an attachment to this staff report. In order for the Department to continue using the equipment authorized under the Policy, the Department must submit an Annual Report to City Council, that includes the following: 1) A summary of how the military equipment was used and purpose of its use. 2) A summary of any complaints or concerns received concerning the military equipment. 3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. 4) The total annual cost for each type of military equipment, including acquisition, personnel , training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year submission of the annual military equipment report. 5) The quantity possessed for each type of military equipment. 6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.

Ordinance No. O -05-22 and the adopted Policy provide for safeguards to the public’s safety, welfare, and civil rights and ensures transparency, oversight and accountability measures are in place. As examples, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to the City Council the use of this equipment and seek approval prior to acquiring any additional military equipment.

The Colton Police Department webpage will be utilized for distribution of any updates to the above materials as well as for this Annual Report.

ENVIRONMENTAL DETERMINATION

The City Council’s action to approve the annual report and to renew Ordinance No. O -05-22 is not a project subject to the California Environmental Quality Act, as it can be seen with certainty that the action will not have a significant effect on the enviro nment pursuant to CEQA Guideline 15061(b)(3).

FISCAL IMPACT

The adopted Fiscal Year 2022 -23 budget includes appropriations for the maintenance and fuel cost of the equipment and supplies currently owned and utilized by the Department . The Department anticipates requesting funding to make an additional equipment purchase that would fall within the scope of the Policy in the forthcoming year and are outlined in the attached 2023 Annual Military Equipment Report. Requests to purchase additional items of equi pment that are 1 Packet Pg. 9
Staff Report to the Mayor and City Council
AB 481 Report - Annual Military Equipment Use Inventory May 16, 2023

Page 3 ends

not covered in the initial funding/budgeting request will be made on an as -needed basis, and proposed funding sources will be identified at the time of the requests.

ALTERNATIVE

The City Council can decide not to renew Ordinance No. O -05-22 and/or not approve the annual report. If City Council decides not to renew the Ordinance, or not to approve the annual report, the Colton Police Department will no longer be allowed to utilize the specified equipment listed in the Military Equipment In ventory, and the equipment will be disposed of accordingly as required by state law. Therefore, City staff does not recommend this alternative.

ATTACHMENT

1. Military_Equipment_Use_Policy (4)

2. O-05-22

3. COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023

4. Colton - 2023 AB 481 Annual Report on Military Equipment Usage

5. 2023 AB 481 Report- Power Point
1 Packet Pg. 10
Policy
707
City of Colton Police Department
Colton PD Policy Manual
Copyright Lexipol, LLC 2023/03/27, All Rights Reserved.

Published with permission by City of Colton Police Department Military Equipment Use Policy - 1
Military Equipment Use Policy
707.1 PURPOSE AND SCOPE
The purpose of this policy ("Policy")is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 ("AB 481") (California Government Code § 7070, et seq.)
707.1.1 DEFINITIONS
Definitions related to this Policy include ((those provided in Government Code section 7070, and as follows:

Governing body – The City of Colton City Council ("City Council") Military equipment – Includes but is not limited to the following:
• Unmanned, remotely piloted, powered aerial or ground vehicles. • Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. • High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. • Tracked armored vehicles that provide ballistic protection to their occupants. • Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. • Weaponized aircraft, vessels, or vehicles of any kind. • Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
• Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
• Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Codesection 30510 and Penal Code section 30515, with the exception of standard-issue firearms. • Any firearm or firearm accessory that is designed to launch explosive projectiles. • Noise-flash diversionary devices and explosive breaching tools. • Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
• TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs).
• Kinetic energy weapons and munitions.
• Any other equipment as determined by the City Council to require additional oversight.

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Attachment: Military_Equipment_Use_Policy (4) (4051 : AB 481 Report - Annual Military Equipment Use Inventory) City of Colton Police Department
Colton PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2023/03/27, All Rights Reserved.

Published with permission by City of Colton Police Department Military Equipment Use Policy - 2
707.2 POLICY
It is the Policy of the City of Colton Police Department that members of this department comply with the provisions of AB 481 with respect to the funding, acquisition and use of military equipment. 707.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the City Council for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the City Council.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of City of Colton Police Department.
(e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting; and.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website. (g) Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
707.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying military equipment for the Department is attached to this Policy:

See attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY.pdf 707.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting this Policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed Policy is submitted to the City Council and is available on the department website at least thirty (30) days prior to any public hearing concerning the Policy. The Policy must be approved by the governing body prior to engaging in any of the following:
(a) Requesting military equipment made available pursuant to 10 USC § 2576(a).

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Attachment: Military_Equipment_Use_Policy (4) (4051 : AB 481 Report - Annual Military Equipment Use Inventory) City of Colton Police Department
Colton PD Policy Manual
Military Equipment Use Policy
Copyright Lexipol, LLC 2023/03/27, All Rights Reserved.

Published with permission by City of Colton Police Department Military Equipment Use Policy - 3
(b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the City Council.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 707.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for the use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Colton, or otherwise engaged in law enforcement operations in this City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation. 707.7 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or the authorized designee should submit a military equipment report to the City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.

The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in department inventory. 707.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.

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Attachment: Military_Equipment_Use_Policy (4) (4051 : AB 481 Report - Annual Military Equipment Use Inventory) Colton PD Policy Manual
Copyright Lexipol, LLC 2023/03/27, All Rights Reserved.

Published with permission by City of Colton Police Department Attachments - 4
Attachments

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Attachment: Military_Equipment_Use_Policy (4) (4051 : AB 481 Report - Annual Military Equipment Use Inventory) Attachment
Colton PD Policy Manual
Copyright Lexipol, LLC 2023/03/27, All Rights Reserved.

Published with permission by City of Colton Police Department

COLTON POLICE MILITARY EQUIPMENT
INVENTORY.pdf - 5

COLTON POLICE MILITARY
EQUIPMENT INVENTORY.pdf
COLTON POLICE MILITARY EQUIPMENT INVENTORY.pdf

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Attachment: Military_Equipment_Use_Policy (4) (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: Military_Equipment_Use_Policy (4) (4051 : AB 481 Report - Annual Military Equipment Use Inventory) 1 2
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ORDINANCE NO. 0-05-22

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COL TON, CALIFORNIA, ADOPTING A MILITARY

EQUIPMENT USE POLICY, IN ACCORDANCE WITH
ASSEMBLY BILL 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill ("AB") 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070( c ); and WHEREAS, AB 481 requires adoption of a military equipment use policy ("Policy") by the City Council before the Colton Police Department ("Department") may take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipmen~; actually acquire military equipment, either permanently or temporarily by owning, bouowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency's territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481 's scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; I
or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available ori the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and WHEREAS, in accordance with AB 481, the Policy is .on the agenda as an open

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

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Attachment: O-05-22 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

Exhibit A

2023 COLTON POLICE MILITARY EQUIPMENT INVENTORY

Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.
a. Description, quantity, capabilities, and purchase cost of current UAS:

Autel Evo 2. Cost: $12,000 each. quantity 1.

Skydio, cost $1,200, quantity 1.

b. Purpose
To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to:

1. major collision investigations.

2. search for missing persons.

3. natural disaster management.

4. crime scene photography.

5. SWAT, tactical or other public safety and life preservation missions.

6. In response to specific requests from local, state or federal fire authorities for fire response and/or prevention. c. Authorized Use

Only assigned operators who have completed the required training shall be permitted to operate the UAS during approved missions.

d. Expected Life Span
10 years for all equipment.
e. Fiscal Impact

One-time purchase.

f. Training

Each operator must attend a 40-hour Department training and ongoing quarterly training.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) g. Legal and Procedural Rules
The Department will utilize UAS for official law enforcement purposes and in a manner that respects the privacy of our community, pursuant to State and Federal law.

Armored Vehicles: Commercially produced wheeled armored personnel vehicle utilized for law enforcement purposes
a. Description, quantity, capabilities, and purchase cost LENCO BEARCAT, cost: $100,000.00, quantity: 1. The Lenco Bearcat, is an armored vehicle that seats 10-12 personnel with open floor plan that allows for rescue of down personnel. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor
b. Purpose
To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents.
c. Authorized Use
The use of armored vehicles shall only be authorized by a supervisor, based on the specific circumstances of a given critical incident.
d. Lifespan
25 years.
e. Fiscal Impact
One-time purchase with general maintenance fees.
f. Training
Armored vehicle uses and training takes place during annual trainings provided by the department. All sworn personnel are trained in the tactics and capabilities of the armored vehicles. g. Legal and Procedural Rules
It is the policy of the Department to utilize armored vehicles for official law enforcement purposes, and pursuant to State and Federal law.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) Long Range Acoustic Device (LRAD) Long Range Acoustical Device: (LRAD) is a high-intensity directional acoustical array for long-range, crystal-clear hailing, notification, and an unmistakable warning tone. The LRAD is primarily used as a communication device.
a. Description, quantity, capabilities, and purchase cost LRAD 1000x Mag (received on a grant) Self-contained, portable, and featuring an extended voice broadcast range out to 600 meters, the LRAD ensures voice messages are clearly heard and understood. Obtained by the Department on a military equipment grant program. LRAD is shared by Inland Valley SWAT agencies. b. Purpose
To be used to issue dispersal orders during crowd and riot control situations or to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.).

The LRAD may also be used to issue a warning tone.

c. Authorized Use
The LRAD shall only be used by officers trained in its deployment d. Lifespan
No life expectancy

e. Fiscal Impact
None

f. Training
All operators receive training prior to operating any of the LRAD’s in the field.

g. Legal and Procedural Rules
It is the policy of the department to utilize the LRAD for official law enforcement purposes, and pursuant to State and Federal law.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) 40 MM Launchers and Rounds: 40MM LMT Launchers are utilized by department personnel as a less lethal tool to launch impact rounds. a. Description, quantity, capabilities, and purchase cost DEFENSE TECHNOLOGY, 40MM LMT SINGLE SHOT
LAUNCHER, cost: $1000, quantity 7. The 40MM Single Launcher is a tactical single shot launcher.

DEFENSE TECHNOLOGY. 40MM Multi-Launcher, cost $2,700,
quantity 3. The 40MM Single Launcher is a tactical multi shot launcher.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE,
#6325, cost: $18, quantity: Colton PD 42. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.

DEFENSE TECHNOLOGY, 40MM DIRECT IMPACT MARKING,
#6326, cost: $18, quantity: Colton PD 8. A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Direct Impact Marking Round provides accurate and effective performance when fired from the approved distance.

DEFENSE TECHNOLOGY, 40MM EXACT IMPACT SPONGE LE
EXTENDED RANGE, #6325LE, cost: $18, quantity: Colton PD 34.

A less lethal 40mm lightweight plastic and foam projectile fired from a single 40mm launcher with a rifled barrel. The 40mm Exact Impact Sponge Round provides accurate and effective performance when fired from the approved distance.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.

c. Authorized Use
Situations for use of the less lethal weapon systems may include, but are not limited to:

1. Self-destructive, dangerous and/or combative
individuals.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be
obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.
d. Training
Sworn members utilizing 40MM less lethal chemical
agents or impact rounds are trained in there use by
POST certified less lethal and chemical agent instructors e. Lifespan
25 years.

f. Fiscal Impact
No annual fiscal impact.

g. Legal and Procedural Rules

It is the policy of the Colton Police Department to utilize the 40mm only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Chemical Agent and Smoke Canisters: Canisters that contain chemical agents that are released when deployed
a. Description, quantity, capabilities, and purchase cost Various Quantities of Chemical agent munitions, which are commonly referred to as “tear gas,” are used by the Colton Police Department and Inland Valley SWAT team as a non-lethal tool to disperse rioting suspects and on barricaded suspects per Colton Police Department Policy and applicable law. The Colton Police Department uses chemical agents which are used by law enforcement across the United States: CS (2
Chlorobenzylidenemalononitrile) and OC (Oleoresin Capsicum). CS is an irritating agent and lachrymator (irritates the eyes and causes tears to flow).

CS has been medically tested in the UK and US, specifically by the U.S.

Army. There are no known allergic reactions to CS. OC was de-regulated in California in 1996, is endorsed by the FBI, and is available to civilians to legally possess (2.5 oz. or less). OC is an inflammatory agent which causes involuntary closure of eyes (open in 2-5 minutes) and respiratory inflammation (subsides in approximately 2 minutes).

Colton Police Inventory
Defense Technology Flameless Tri-Chamber CS -5
Defense Technology Han-Ball CS - 9

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) Defense Technology Aerosol OC Vapor - 5
Defense Technology 40mm Muzzle Blast OC - 10
Defense Technology Han-Ball Saf-Smoke - 5
Defense Technology Mark IX OC Fogger 13.4 oz – 6
Pepper Ball FTC Launcher, .68 caliber, quantity 1
Pepper Ball Live-X .68 caliber projectile, quantity 90

Inland Valley SWAT Inventory
Defense Technology 40 mm Liquid Ferret - 83
Defense Technology Pocket Tactical CS -15
Defense Technology Pocket Tactical Smoke - 11
CTS 5230 Baffle CS - 12
Defense Technology Smoke - 6
Aerosol/OC Vapor - 5
Defense Technology OC Stinger Handball - 2
Defense Technology Triple Chaser Smoke - 3
Defense Technology CS Stinger Handball - 2
Defense Technology Flameless Tri-Chamber CS - 4
Defense Technology Spede Heat CS - 9
Defense Technology Riot Control CS - 2
Defense Technology Triple Chaser CS - 2
Defense Technology Spede Heat CS 40 mm - 14

b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include but are not limited to:
i. Self-destructive, dangerous and or combative individuals ii. Riot/crowd control and civil unrest incidents
iii. Circumstances where a tactical advantage can be obtained. iv. Potentially vicious animals
v. Training exercises or approved demonstrations.

c. Authorized Use
Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents.

d. Training
Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors.
e. Lifespan
5 years from manufacturing dates

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

f. Fiscal Impact
No annual cost.

g. Legal and Procedural Rules
It is the policy of the Department and Inland Valley SWAT to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal Law, including Fontana Police Use of Force policy.

Less Lethal Shotgun: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round.
a. Description, quantity, capabilities, and purchase cost REMINGTON LESS LETHAL SHOTGUN, cost: $700, quantity: 25. The Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12- gauge Super-Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect reducing the immediacy of the threat which is a principle of De- escalation.
12-GAUGE SUPER-SOCK BEANBAG ROUND DRAG STABALIZED,
cost: $5, quantity: 475. A less lethal 2.4-inch 12-gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270 feet per second (FPS). Defense Technologies Super-Sock #3027 rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and fore grip. This round provides accurate and effective performance when fired from the approved distance of not fewer than twenty (20) feet. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.
b. Purpose
To limit the escalation of conflict where employment of lethal force is prohibited or undesirable.
c. Authorized Use

1. Self-destructive, dangerous and/or combative individuals.

2. Riot/crowd control and civil unrest incidents.

3. Circumstances where a tactical advantage can be obtained.

4. Potentially vicious animals.

5. Training exercises or approved demonstrations.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) d. Lifespan
Five years.
e. Fiscal Impact
None
f. Training
All officers are trained in the 12-gauge less lethal shotgun as a less lethal option by in-service training.
h. Legal and Procedural Rules
It is the policy of the Colton Police Department to utilize the less lethal shotgun only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force.

Distraction Devices: A distract device is ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations. a. Description, quantity, capabilities, and purchase cost Defense Technology, 8933 Low Roll Distraction Device, cost: $50, quantity: 50. Shared equipment for Inland Valley SWAT. A non- bursting, non-fragmenting, limited rolling device that produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during assaults, hostage rescue, room entry or other high-risk arrest situations
b. Purpose
To produce atmospheric over-pressure and brilliant white light and, as a result, can cause short-term (6 - 8 seconds)
physiological/psychological sensory deprivation to give officers a tactical advantage.
c. Authorized Use
Diversionary Devices shall only be used:
 By officers who have been trained in their proper
use.
 In hostage and barricaded subject situations.
 In high-risk warrant (search/arrest) services where
there may be extreme hazards to officers or there
is no response from suspects from
announcements

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)  During other high-risk situations where their use
would enhance officer safety.
 During training exercises.
d. Lifespan
Until used.
e. Fiscal Impact
No annual maintenance.
f. Training
Prior to use, officers must attend divisionary device training that is conducted by Post certified instructors. SWAT team members consistently train on the use of distraction devices.
g. Legal and Procedural Rules
It is the policy of the Colton Police Department and Inland Valley SWAT to utilize diversion devices only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Rifles: Guns that are fired from shoulder level, thereby have greater accuracy over a long distance.
a. Description, quantity, capabilities, and purchase cost Colt LE 6920-5.56mm Patrol/Training, quantity 42, cost $1,000 each.

Colt LE 6933-5.56mm, Patrol, quantity 17, cost $1,000 each.

Colt M16A1-5.56mm, Honor Guard/Station, quantity 12, No Cost 1033 Program
Bushmaster XM 15-E2S-5.56mm, Training, quantity 1, Cost $800 each.

Eagle Arms AR-15 5.56mm, Training, quantity 1, $800 each.

Geissele SD-556, 5.56mm, SWAT, quantity 10, $1,000 each. b. Purpose
To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
c. Authorized Use

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) Only members that have successfully completed department rifle training are authorized to use a rifle. (Policy 307.3.3) d. Lifespan
No expiration
e. Fiscal Impact
None.
f. Training
Prior to using a rifle, officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
g. Legal and Procedural Rules
Use is established under policy 307 of the Colton Police Department. It is the policy of the Colton Police Department to utilize rifles only for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force.

Mobile Command Center: A vehicle used mobile office that provides shelter, access to Department computer systems, dispatch equipment, and restroom facilities during extended events.

a. Description, quantity, capabilities, and purchase cost Workhorse Chassis (custom Built) vehicle, cost: $260,000, quantity

1. b. Purpose
To be used during critical incidents, special/community events, natural disasters, SWAT, and investigations.
c. Authorized Use
Department personnel trained in the deployment and operations of the Mobile Command Center.
d. Lifespan
20 years.
e. Fiscal Impact
One time purchase with general maintenance fees.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory) f. Training
Drivers/operators receive basic training in driving and deploying the Mobile Command Center and related systems.
g. Legal and Procedural Rules
It is the policy of the Department to utilize Mobile Command Centers for official law enforcement purposes, and pursuant to State and Federal law.

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Attachment: COLTON POLICE MILITARY EQUIPMENT INVENTORY 2023 (4051 : AB 481 Report - Annual Military Equipment Use Inventory)

CITY OF COLTON
2023 – Annual Military Equipment Report,
Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Colton Police Department hereby submits for City Council review and approval the following annual military equipment report.

1. A. summary of how the military equipment was used and the purpose of its use.

All military equipment owned by the Department, which is d etailed in Exhibit A to the Department’s Military Equipment Use Policy, was used exclusively for the purposes designated by that Policy. In general, those purposes include use of standard patrol rifles and projectiles; use of unmanned aircraft systems for enhanced investigation and community safety; use of armored vehicles in response to critical incidents, to enhance officer and community safety and improve scene containment and stabilization; use of long range acoustic devices to issue dispersal orders du ring crowd and riot control situations, or address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents; use of 40 millimeter LMT launchers and rounds to limit the escalation of conflict where employment of let hal force is prohibited or undesirable; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of beanbag rounds and less lethal shotguns to limit conflict escalation and use of lethal force ; and use of distraction devices to produce atmospheric over - pressure and brilliant white light to cause short -term (6 -8 seconds) of physiological/psychological sensory deprivation to give officers a tactical advantage.

2. A summary of any complaints or concerns received concerning the military equipment.

The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

There were no violations of the Policy, and accordingly, no audits or actions took place in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, trans portation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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Attachment: Colton - 2023 AB 481 Annual Report on Military Equipment Usage (4051 : AB 481 Report - Annual Military Equipment Use There were no c osts associated with military equipment in Fiscal Year 2021 -22. City Council authorized the purchase one Lenco Bearcat Armored Vehicle (delivery expected in July or August of 2023). These costs were anticipated in the City’s FY2022-23 budget, but will likely be expended in F Y2023-24. Military equipment purchased during the calendar year following the submission of this annual report will be paid for out of the general fund and will be reported to the City Council next year as part of the Department’s annual update . Staff anti cipates an approximate cost of $100,000. Should any grant funding be awarded during that time prior City Council approval shall be sought.

5. The quantity possessed for each type of military equipment.

The quantity for each type of military equipment, including any new equipment purchased since last year’s inventory was provided , is listed in Exhibit A to the Military Equipment Use Policy, attached as part of this report and available on the Police Department website and in person at the Department.

6. Military equipment sought in the next year and the quantity sought for each type of military equipment.

The Department presently has plans to purchase the following additional military equipment, along with estimated costs, in the year following the 2023 Report. A ll purchases will be documented and accounted for in the next annual report.  Seven (7) Unmanned Aircraft Systems (UAS)
 Ten (10) Rifles
 Ten (10) Distraction Device Bodies
 Fifty (50) Distraction Device reloads
 Three hundred fifty (350) 40MM Sponge Rounds
 One hundred thirty (130) chemical agents and smoke canisters

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Attachment: Colton - 2023 AB 481 Annual Report on Military Equipment Usage (4051 : AB 481 Report - Annual Military Equipment Use AB 481 “Military Equipment” Annual Report
Brief Background of AB481
• Went into affect on January 1, 2022
• Requires law enforcement to report and obtain approval for the purchase of certain equipment deemed “Military
Equipment” by the state legislature.

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Attachment: 2023 AB 481 Report- Power Point (4051 : AB 481 Report - Annual Military Equipment Use AB 481 “Military Equipment” Annual Report
Some common equipment that has been deemed “Military
Equipment” include
• Unmanned Aerial Vehicles
• Armored vehicles
• Less lethal shot guns
• Less lethal 40mm launchers
• Command and control vehicles (mobile command posts)
• Tear Gas
• And duty rifles

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Attachment: 2023 AB 481 Report- Power Point (4051 : AB 481 Report - Annual Military Equipment Use AB 481 “Military Equipment” Annual Report
• Codified in Government Code 7070 through 7075
• Law requires the annual renewal of Ordinance No. O-05-22 approving the AB 481 Policy
• Police Department must submit an annual report to City Council that includes:
• Summary of how the equipment was used
• Summary of any complaints received
• Information about any related policy violations
• Annual cost of equipment
• Quantity of equipment

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Attachment: 2023 AB 481 Report- Power Point (4051 : AB 481 Report - Annual Military Equipment Use AB 481 “Military Equipment” Annual Report
Intended AB 481 Purchases In The Next Year
• Unmanned Aircraft Systems (Drones)
• Rifles
• Flash Bangs
• Less than lethal munitions
• Chemical agents and smoke canisters

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Attachment: 2023 AB 481 Report- Power Point (4051 : AB 481 Report - Annual Military Equipment Use AB 481 “Military Equipment” Annual Report
As required the Police Department will be holding a
Community Engagement Meeting
June 3rd, 2023,
11AM to 1PM
City Hall Parking Lot.

Questions?

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Attachment: 2023 AB 481 Report- Power Point (4051 : AB 481 Report - Annual Military Equipment Use

ITEM NO. 2

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON MAY 02, 2023, ON FILE IN THE OFFICE OF
THE CITY CLERK.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approval of Minutes for the City Council Regular Meeting Held on May 2, 2023.

BACKGROUND

Minutes for the City Council Regular Meeting Held on May 2, 2023.

FISCAL IMPACTS

None

ATTACHMENT

1. 2023-05-02- Draft Minute
2 Packet Pg. 57
May 2, 2023 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

May 2, 2023

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, Chastain, González, Echevarria, and Mayor Navarro.

STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas

PUBLIC COMMENT
None

CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Session to Discuss Items A and B.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
APN: 163-361-18
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: San Bernardino County Flood Control District, a body corporate and politic, Property Owner Under Negotiation: Price and Terms of Payment

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
APN: 1063-361-13
Agency Negotiator: William R. Smith, City Manager and Carlos Campos, City Attorney Negotiating Parties: San Bernardino County Flood Control District, a body corporate and politic, Property Owner Under Negotiation: Price and Terms of Payment

Mayor Navarro adjourned the meeting to Closed Session at 5:01 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council did meet in Closed Session and discussed Item A and B and Direction was given but there was no reportable action.

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Attachment: 2023-05-02- Draft Minute (3943 : Draft Minutes 05-02-23) May 2, 2023 Regular City Council Meeting 2 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

May 2, 2023

Regular Meeting held on the above -given date at 6 :00 p.m. in the Co uncil Chamber of City Hall, with Mayor Navarro presiding.

INVOCATION: Pastor Peter Tasaka- The Vineyard Church
FLAG SALUTE: Mayor Pro Tem David Toro

CITY COUNCIL ROLL CALL

Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Proclamation - Arbor Day
CM Chastain read a Proclamation Certificate – Arbor Day, March 7, 2023; accepted by Mr. Dickinson Public Works Director.

 Proclamation - Colton Area Museum Day
CM González read a Proclamation Certificate – Colton Area Museum Day, May 6, 2023; accepted by Board of Directors representative of the Museum Association: President Christina Perris, Vice President Jimmy Villegas, and Board Member George Aguilar.

 Recognition - Hometown Heroes - New Military Banner Installation for the following honorees:

Heidi Struts, Recreation Services Manager, introduced the Hometown Hero program’s newest Honorees and presented the families with a commemorative miniature banner.

o Freddie Colunga - U.S. Army – Memorial Banner
o Manuel Chaidez – U.S. Army – Veteran Banner
o Thomas Templeton - U.S. Army – Memorial Banner
o Thomas A. Valera – U.S Army – Active Banner

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Attachment: 2023-05-02- Draft Minute (3943 : Draft Minutes 05-02-23) May 2, 2023 Regular City Council Meeting 3 -

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MAY 2, 2023.

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 at tended at the expense of the City. (GC Section 53232.3(d). None disclosed.

APPOINTMENTS
None.

PUBLIC HEARINGS

Signage - Truck Weight Limit

WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF ORDINANCE AMENDING SECTION 10.04.109 OF THE COLTO N MUNICIPAL CODE TO INCLUDE TRUCK WEIGHT LIMIT SIGNS ON VARIOUS CITY STREETS, ORDINANCE NO. O-04-23.

Mayor Navarro declared the Public Hearing open.

The Deputy City Clerk Vargas submitted the Notice of Public Hearing (on file in the City Clerk’s Office) and there were no reports of protests or objections thereto.

Staff Presentation
Public Works Director , Brian Dickinson presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM González/CM Chastain to close the public hearing.

Vote: Unanimous, Motion Passes

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:

Public Works Director Brian Dickinson and Chief of Police Hank Dominguez

Motion and Second by CM González/ MPT Toro to waive full reading, read by title only and pass first reading of Ordinance No. O-04-23.

Vote: Unanimous, Motion Passes

BUSINESS ITEMS
None

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Attachment: 2023-05-02- Draft Minute (3943 : Draft Minutes 05-02-23) May 2, 2023 Regular City Council Meeting 4 -

PUBLIC COMMENT
None

CONSENT CALENDAR

Mayor Navarro presents the Consent Calendar Items 2 through 8.

Motion and Second by CM Chastain / MPT Toro to approve consent calendar.

Vote: Unanimous, Motion Passes.

(2) Minutes - Approval of Minutes for the City Council Regular Meeting Held on April 18, 2023, on file in the Office of the City Clerk.

(3) Warrants - Approve voucher numbers 204824 to 204909 dated 03/27/2023 and totaling $80,896.56; voucher numbers 204910 to 205008 dated 03/30/2023 and totaling $771,385.56; voucher numbers 205009 to 205140 dated 04/06/2023 and totaling $5,458,398.65 and a payroll disbursement listing dated 03/04/2023 to 03/17/2023 and totaling $967,788.76.

(4) City Treasurer's Report - Receive and File City Treasurer's Report for January 2023.

(5) Contract Amendment - Mike's Custom Flooring - Approve Contract Amendment No. 2 for Mike's Custom Flooring for the Police Department & Information Services Flooring Project.

(6) Contract Amendment - Three Peaks Corp - Approve Contract Amendment No. 2 for Three Peaks Corp and Adopt Resolution Amending the Budget for the Downtown Paseo Project, RESOLUTION NO. R- 29-23.

(7) Contract Amendment - United Paving Company - Approve Contract Amendment to United Paving Company for the CDBG Alley Paving Project and Adopt Resolution Approving Budget Amendment, RESOLUTION NO. R-28-23.

(8) Contract Award - St. Francis Electric, LLC. - Approve the Award of Maintenance Services Agreement with St. Francis Electric, LLC. for the Traffic Signal Maintenance and Emergency Repair Services for $214,594.91.

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 6:46 p.m.. Mayor Navarro adjourned the Regular Council Meeting.

_________________________________
Stephanie M. Vargas
Deputy City Clerk

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Attachment: 2023-05-02- Draft Minute (3943 : Draft Minutes 05-02-23)

ITEM NO. 3

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 03/23/23 AND TOTALING $58,095.15; WIRES DATED 03/31/2023 AND TOTALING
2,171,135.08; VOUCHER NUMBERS 205141 TO 205233 DATED
04/13/2023 AND TOTALING $978,951.98; REPLACEMENT CHECKS DATED 04/18/2023 AND TOTALING $2,788.20; VOUCHER
NUMBERS 205241 TO 205334 DATED 04/20/2023 AND TOTALING
$731,495.00; A PAYROLL DISBURSEMENT LISTING DATED
03/18/2023 TO 03/31/2023 AND TOTALING $930,293.88 AND A PAYROLL DISBURSEMENT LISTING DATED 04/1/2023 TO
04/14/2023 AND TOTALING $931,966.42.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 03/23/23 and totaling $58,095.15; wires dated 03/31/2023 and totaling 2,171,135.08; voucher numbers 205141 to 205233 dated 04/13/2023 and totaling $978,951.98; replacement checks dated 04/18/2023 and totaling $2,788.20; voucher numbers 205241 to 205334 dated 04/20/2023 and totaling $731,495.00; a payroll disbursement listing dated 03/18/2023 to 03/31/2023 and totaling $930,293.88 and a payroll disbursement listing dated 04/1/2023 to 04/14/2023 and totaling $931,966.42.

BACKGROUND

The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.

ISSUES/ANALYSIS

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Warrants - Accounts Payable
May 16, 2023

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All vouchers and related backup documentation have been reviewed by the City Treasurer.

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. Payroll Registers
3 Packet Pg. 63
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34

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ITEM NO. 4

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE COOPERATIVE AGREEMENT WITH THE CITY OF

GRAND TERRACE FOR ASPHALT PAVING ALONG LITTON

AVENUE, ROSEDALE AVENUE AND PALM AVENUE,
RESOLUTION NO. R-34-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve Cooperative Agreement (Exhibit A) with the City o f Grand Terrace for Asphalt Paving along Litton Avenue, Rosedale Avenue and Palm Avenue; and authorize City Manager to execute the agreement.

2. Approve Resolution No. R-34-23 (Exhibit B) amending the Fiscal Year 22/23 Budget for FY22/23 Asphalt Paving Project.

BACKGROUND

The City of Colton shares street jurisdiction along segments of Litton Avenue, Rosedale Avenue, and Palm Avenue as shown on the attached map (Exhibit C). Both cities indicated the need to rehabilitate these streets to improve pedestrian an d traffic safety. The streets segments are as follows:

1. Litton Avenue – La Cadena Dr. to Bostick Ave.

2. Rosedale Ave. – Litton Ave. to Palm Ave.

3. Palm Ave. – La Cadena Dr. to Rosedale Ave.

4 Packet Pg. 143
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Agreement - City of Grand Terrace
May 16, 2023

Page 2 ends

The scope of the project includes asphalt grinding and paving, stripi ng, and installation of traffic loops.

ISSUES/ANALYSIS

The City of Colton and the City of Grand Terrace understand the need of having a Cooperative Agreement to fully complete the joint project. Th e Cooperative Agreement identifies each agency’s role for the project. The City of Colton will be the lead agency for the project. As lead agency, the City of Colton will be responsible for preparation of plans, specification s and estimates, environmental document s, construction, and project management. This project is included on the FY 22/23 Asphalt Paving Project and estimated cost of the joint project with Grand Terrace is $264,81 5.00. Grand Terrace estimated contribution for the project is $159,872.00 (60.4%), Colton estimated contribution is $104,943 (3 9.6%). The project is anticipated to be completed by October 2023.

FISCAL IMPACTS

Funding for the joint project with the City of Grand Terrace are available on the following accounts:

Project/Account Number Available Funding
Litton Pavement Paving - 218-2311-6150-3890 $91,100.00
Rosedale Paving - 218-2310-6150-3890 $53,437.00
Grand Terrace – XXX-23XX-6150-3890; R-34-23 159,872.00
Total $304,309.00

ENVIRONMENTAL IMPACTS

This project is Categorical ly Exempt project per California Environmental Qual ity Act (CEQA) Article 19 - Section 15301(c)

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit B - R-34-23 Reso amending the FY 22-23 CIP Budget

2. Exhibit C - Project Map_Location

3. Exhibit A - Colton - Grand Terrace Cooperative Agreement for Paving Project-042523 4 Packet Pg. 144

1 2

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RESOLUTION NO. R-34-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON TO AMEND THE FISCAL YEAR 2022/2023 CAPITAL IMPROVEMENT BUDGET TO APPROPRIATE FUNDING FOR THE FISCAL YEAR 22/23 ASPHALT PAVING PROJECT

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 and the City of Grand Terrace intend to jointly improve segment of Litton Avenue, Rosedale Avenue and Palm Avenue; and

WHEREAS, the total cost of the joint project is $264,815; and

WHEREAS, the City of Colton contribution to the joint project in the amount of $104,943 are available in expenditure account no. 218-2310-6150-3890 and 218-2311- 6150-3890; and

WHEREAS, the City of Grand Terrace contribution for the rehabilitation of segment of Litton Avenue, Rosedale Avenue and Palm Avenue is $159,872; and

WHEREAS, a budget appropriation for approved activities, not listed in 2022- 2023 Fiscal Year budget is required and must be approved by resolution of the City Council.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1 The Recital preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes and appropriation of $159,872.00. As an adjustment to the Fiscal Year 2022-2023 budget as follows:

 Establish expense account 450-23XX-XXXX-3890-0000-000 in the amount of $159,872.00.

 Increase revenue account 450-5790-000 in the amount of $159,872.

PASSED, APPROVED AND ADOPTED THIS 2nd DAY OF MAY 2023.

_____________________________
FRANK J. NAVARRO
Mayor
ATTEST:

_____________________________

City Clerk

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Attachment: Exhibit C - Project Map_Location (4042 : Agreement - City of Grand Terrace) 01247.0001/874202.1

COOPERATIVE AGREEMENT BETWEEN

THE CITY OF COLTON AND THE CITY OF GRAND TERRACE

FOR THE ASPHALT PAVING PROJECT AT LITTON AVENUE,

ROSEDALE AVENUE, AND PALM AVENUE

THIS COOPERATIVE AGREEMENT (hereinafter, “Agreement”) is made and entered into this _______ day of ________ 2023 by and between the CITY OF COLTON, a California municipal corporation (“COLTON”) and the CITY OF GRAND TERRACE, a California municipal corporat ion (“GRAND TERRACE”). For the purposes of this Agreement, COLTON AND GRAND TERRACE may be referred to collectively by the capitalized term “Parties.” The capitalized term “Party” may refer to COLTON or GRAND TERRACE interchangeably.

RECITALS

WHEREAS, the street segments of Litton Avenue (La Cadena Drive to Rosedale Avenue), Rosedale Avenue (Litton Avenue to Palm Avenue) and Palm Avenue (La Cadena Drive to Rosedale Avenue) are currently shared by COLTON and GRAND TERRACE; and

WHEREAS, COLTON and GRAND TERRACE have jointly determined that these street segments need repair and restoration; and

WHEREAS, COLTON and GRAND TERRACE recognize the benefits to the public in improving traffic safety through the repair and restoration of these street segments; and

WHEREAS, the improvements to the street segments of Litton Avenue (La Cadena Drive to Rosedale Avenue), Rosedale Avenue (Litton Avenue to Palm Avenue) and Palm Avenue (La Cadena Drive to Rosedale Avenue) (see Exhibit A - Project Location) shall consist of asphalt grinding and overlay, pavement striping and marking, installation of traffic signal loops, and other necessary improvements (the “Project”);and

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, COLTON and GRAND TERRACE agree as follows:

Section 1. COLTON’S Responsibilities. COLTON agrees as follows:

a. To render project management services and construction management services utilizing COLTON’S available staff which will be supplemented with consultants, hired at COLTON’S discretion, that are specifically tasked for completing the Project.

b. To act as the Lead Agency under CEQA on all planning, zoning, environmental approval and permitting activities required by state law with respect to the Project, make a CEQA Determination on the Projec t, file the necessary environmental documents with the county clerk , and complete all public notifications and hearings.

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Attachment: Exhibit A - Colton - Grand Terrace Cooperative Agreement for Paving Project-042523 (4042 : Agreement - City of Grand Terrace) 01247.0001/874202.1
c. To provide or cause to be provided, assistance with environmental compliance matters, design/engineering services, and construction/construction engineering services for the Project.

d. To hire the necessary consultants to draw design plans for the Project, in addition to review, comment on, and reasonably approve the design plans, specifications, and estimates prior to advertising a request for bids for the Project.

e. When determining Project costs, to keep accurate records and accounts relating to contract costs, hours worked, equipment and supplies used, mileage and other similar matters. These records shall be open for review by GRAND TERRACE during regular business hours, and retained for a period of three (3) years from the date of final payment.

f. To obtain or cause to be obtained as a Project cost, any and all necessary permits for the Project from the appropriate agencies and any encroachment permits from GRAND TERRACE authorizing entry into the necessary rights-of- way for completion of the Project, which shall not be unreasonably withheld. All mitigation, monitoring, and/or remedial action required by any permits shall constitute part of the Project costs.

g. To ensure that any and all utility facilities and appurtenances or structures that are necessary for the Project are properly removed or relocated, as may be necessary. Any utility removal or relocation costs shall be considered part of the overall Project costs.

h. To coordinate Project implementation with all necessary Parties.

i. To pay the total design and construction costs for the Project in the amount of Two Hundred Sixty Four Thousand Eight Hundred Fourteen Dollars and No Cents ($264,814.00) in accordance with the Project cost breakdown contained in Exhibit B, which is attached hereto and incorporated herein by reference.

Project costs shall also include any extra w ork that may be necessary to complete the Project.

j. To prepare monthly invoices to GRAND TERRACE for design and construction cost share for the Project for the GRAND TERRACE improvements performed during the previous month and submit such invoices to GRAND TERRACE by the fifteenth (15
th) day of each month.

k. If after opening bids for the Project, it is found that a cost overrun of the estimated Project costs will occur, COLTON and GRAND TERRACE shall endeavor to agree upon an alternative course of action, including obtaining the necessary budget amendment for the completion of the Project or the rebidding of the Project.

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Attachment: Exhibit A - Colton - Grand Terrace Cooperative Agreement for Paving Project-042523 (4042 : Agreement - City of Grand Terrace) 01247.0001/874202.1
l. To be responsible for all regular maintenance for the segment of the streets (along Litton Avenue, Rosedale Avenue, and Palm Avenue) within COLTON city limits upon completion of the Project.

Section 2. GRAND TERRACE’S Responsibilities . GRAND TERRACE agrees as follows:

a. To review, comment on, and approve the design plans, specifications and estimate prior to advertising for bids for the construction of the Project.

b. By execution of this Agreement, to grant COLTON and its contractors the right to construct the Project within GRAND TERRACE rights -of-way.

GRAND TERRACE shall issue an encroachment permit free of charge to the contractor to whom COLTON awards the Project.

c. To reimburse COLTON for GRAND TERRACE’S design and construction cost share for the Project in the amount of One Hundred Fifty Nine Thousand Eight Hundred Seventy Two Dollars and Zero Cents ($159,872.00) in accordance with the Project cost -sharing breakdown contained in Exhibit B, which is attached hereto and incorporated herein by reference. Project costs shall also include any extra work that may be necessary to complete the Project. GRAND TERRACE shall remit reimbursement payment to COLTON within thirty (30) days detailing the cost of design and construction for the GRAND T ERRACE improvements for work performed during the previous month.

d. To cooperate with COLTON in removing and relocating existing utilities in the Project area as may be necessary.

e. If after opening bids for the Project, it is found that a cost overr un of the estimated Project costs will occur, GRAND TERRACE AND COLTON shall endeavor to agree upon an alternative course of action, including obtaining the necessary budget amendment for the completion of the Project or the rebidding of the Project.

f. To be responsible for all regular maintenance for the segment of the streets (along Litton Avenue, Rosedale Avenue, and Palm Avenue) within GRAND TERRACE city limits upon completion of the Project.

Section 3. Contract Change Orders. Design and construction of the Project may require alteration, deviation, additions to or deletions from the contract plans and specifications. Any such changes to the GRAND TERRACE improvements will require the prior written approval of GRAND TERRACE in advance of performance of the work by contractor. GRAND TERRACE’S timely review and approval shall not be unreasonably withheld and GRAND TERRACE shall make a good faith effort to approve changes as necessary for COLTON to meet all Project deadlines. GRAND TERRACE shall be responsible for increased costs due to approved contract change orders. Notwithstanding

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the foregoing, COLTON shall be responsible for increased costs due to contract change orders requested by COLTON and relating to matters not encompassed with the intended scope of the Project or the GRAND TERRACE improvements, as set forth in Exhibit A (Project Map) and Exhibit B (Cost Share for Project).

Section 4. Indemnification. COLTON and GRAND TERRACE shall each defend, indemnify and hold the other Party and its officials, officers, employees, consultants, subcontractors, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, to the extent arising out of or incident to any negligent acts, omissions or willful misconduct of the indemnifying P arty or its officials, officers, employees, consultants, subcontractors, volunteers and agents arising out of or in connection with the performance of this Agreement, including without limitation, the payment of all consequential damages and attorney’s fees and other related costs and expenses.

Section 5. Insurance. COLTON shall ensure that GRAND TERRACE and its respective officers, employees, and agents are named as additional insured on all insurance policies of the contractor. The obligation to add GRAND TERRACE shall be specified in the bid package; the contractor’s agreement to add GRAND TERRACE to all policies shall be a condition precedent to the award of the bid. GRAND TERRACE may waive being added to some or all of the contractor’s insurance policies.

Section 6. Miscellaneous Terms.

a. Traffic Control. COLTON shall require coordination with GRAND TERRACE to ensure adequate traffic control during the construction of the Project.

b. Ownership. Ownership and title to all materials, equipment, and appurtenances installed as part of this A greement will automatically be vested with the jurisdiction for which the improvements reside and no further agreement will be necessary to transfer ownership.

c. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, an d all prior negotiations, understandings or agreements, written or oral, are merged into and superseded by this Agreement.

d. Modification and Amendment. This Agreement may not be added to, amended, or modified, in whole or in part, except by a writing signed by the Parties. Any purported modification or amendment to this Agreement that is not evidence by such a writing shall be null and void and of no force or effect.

e. Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of either Party shall be deemed to waive or render unnecessary such party’s consent to or approval of any subsequent act of the other Party. Any waiver by either P arty of any default

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must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

f. Records Maintenance. COLTON shall maintain all records pertaining to the Project related to the GRAND TERRACE improvements for a period of three (3) years after payment by GRAND TERRACE of the final invoice. At any time during regular working hours, all records, invoices, timecards, cost control sheets, and other records maintained by COLTON, in connection with the GRAND TERRACE improvemen ts shall be available for review and audit by GRAND TERRACE.

g. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be in writing and shall be delivered by first class U.S. Mail or by personal service. Notice shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier services during COLTON’S and GRAND TERRACE’S regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be delivered to the Parties to the following addresses:

CITY OF COLTON
Public Works Department
160 South 10th Street
Colton, CA 92324
Attention: Brian Dickinson, Public Works Director

CITY OF GRAND TERRACE
22795 Barton Road
Grand Terrace, CA 92313
Attention: _________________________

h. Termination. This Agreement may not be terminated, either in whole or in part, except by mutual consent of the Parties. Should any claims arising out of the Project be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement, until such ti me as the claims are settled, dismissed or paid.

i. Force Majeure. The failure of performance by either Party (except for payment obligations) hereunder shall not be deemed to be a default where delays or defaults are due to war; insurrection; strikes; lock -outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor, railroad, or suppliers; acts of the other Party; acts or failure to act of any other

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public or governmental agency or entity (other than that acts or failure to act of the Parties); or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform or relief from default. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause, if notice by the Party claiming such extension is sent to the other P arty within thirty (30) days of the commencement of the cause.

j. Time of Performance. Time of performance under this Agreement may be extended upon mutual written consent of the Parties.

k. Governing Law; Jurisdiction. This Agreement shall be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, shall be in the San Bernardino County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, shall be in the Central District of California located in the City of Riverside, California.

l. Binding Effect. This Agreement shall be binding upon an inure to the benefit of the Parties and their respective heirs, legal representatives and successors

m. Severability. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

n. Execution. This Agreement may be executed in any number of count erparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument

o. Attorneys’ Fees. If any legal action is instituted to enforce or declare any Party’s rights hereunder, each Party, including the prevailing Party, must bear its own costs and attorneys’ fees. This paragraph shall not apply to those costs and attorney’s fees directly arising from any third-party legal action against a Party hereto and payable under Section 4 (Indemnification) or Section 6.h. (Termination).

p. Third-Party Beneficiaries . There are no third- party beneficiaries to this Agreement.

q. Dispute Resolution. Unless otherwise specified herein, the Parties shall submit any unresolved dispute to their respective City Manager s for negotiation. The Parties agree to undertake good faith attempts to resolve said dispute, claim, or controversy within ten (10) calendar days after the receipt of written notice from the Party alleging that a dispute, claim or controversy exists. The Parties additionally agree to cooperate with the other P arty in scheduling negotiation

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sessions. However, if a matter is not resolved within thirty (30) calendar days after the first negotiating session between the Parties, unless otherwise agreed upon in writing by the Parties, either Party may proceed with any other remedy available in law or in equity.

IN WITNESS WHEREOF, the Parties hereto have caused this AGREEMENT to be executed on the dates hereinafter respectively set forth.

CITY OF COLTON

By
William R. Smith, City Manager

DATE OF EXECUTION: ATTEST:

__________________, City Clerk

APPROVED AS TO FORM:

Carlos L. Campos, City Attorney

CITY OF GRAND TERRACE

By
Konrad Bolowich, City Manager

DATE OF EXECUTION: ATTEST:

By
Debra L. Thomas, City Clerk

APPROVED AS TO FORM:

By
Adrian Guerra, City Attorney

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Exhibit A

Project Location

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Exhibit B

Project Cost Breakdown

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Attachment: Exhibit A - Colton - Grand Terrace Cooperative Agreement for Paving Project-042523 (4042 : Agreement - City of Grand Terrace) Litton Ave. (LaCadena Dr. to Rosedale Ave.) Quantity Quantity Amount Amount Total Item Item Description Unit Colton G.T. Unit Price Colton G.T. 1 Header Cut SF 0 0.25$ -$ -$
2 Grind 1-1/2 to 2-inch thick SF 12,875 11,330 0.25$ 3,218.75$ 2,832.50$ 3 Rubberized Asphalt Paving Tons 155 136 130.00 20,085.00$ 17,674.80$ 4 Traffic Signal Loops EA 0 3 650.00 -$ 1,950.00$ 5 Adjust manhole to grade EA 3 0 915.00 2,745.00$ -$ 6 Adjust valve to grade EA 1 3 50.00$ 50.00$ 150.00$ 7 Center Line Ties EA 0 2 520.00$ -$ 1,040.00$ 8 Crosswalk-Solid White Thermoplastic LF 50 50 6.00$ 300.00$ 300.00$ 9 Centerline-Solid Double Yellow Thermoplastic LF 100 100 6.00$ 600.00$ 600.00$ Sub-Total (II)= 26,998.75$ 24,547.30$ 51,546.05$ Rosedale Ave. (Litton Ave. to Palm Ave.) Quantity Quantity Amount Amount Item Item Description Unit Colton G.T. Unit Price Colton G.T. 1 Header Cut SF 0 0.25$ -$ -$
2 Grind 1-1/2 to 2-inch thick SF 19,080 33,418 0.25$ 4,770.00$ 8,354.50$ 3 Rubberized Asphalt Paving Tons 229 401 130.00 29,764.80$ 52,132.08$ 4 Traffic Signal Loops EA 0 0 650.00 -$ -$
5 Adjust manhole to grade EA 4 0 915.00$ 3,660.00$ -$ 6 Adjust valve to grade EA 0 7 50.00$ -$ 350.00$ 7 Center Line Ties EA 0 1 520.00$ -$ 520.00$ 8 Stop Bar LF 0 36 0.14$ -$ 5.04$
9 Stop Legend EA 0 2 35.00$ -$ 70.00$
Sub-Total (II)= 38,194.80$ 61,431.62$ 99,626.42$ Palm Ave. (LaCadena Dr. to Rosedale Ave.) Quantity Quantity Amount Amount Item Item Description Unit Colton G.T. Unit Price Colton G.T. 1 Header Cut SF 0 0.25$ -$ -$
2 Grind 1-1/2 to 2-inch thick SF 6,041 16,578 0.25$ 1,510.25$ 4,144.50$ 3 Rubberized Asphalt Paving Tons 72 199 130.00 9,423.96$ 25,861.68$ 4 Traffic Signal Loops EA 0 0 650.00 -$ -$
5 Adjust manhole to grade EA 0 1 915.00$ -$ 915.00$ 6 Adjust valve to grade EA 5 4 50.00$ 250.00$ 200.00$ 7 Center Line Ties EA 1 0 520.00$ 520.00$ -$ 8 Stop Bar LF 30 15 0.14$ 4.20$ 2.10$
9 Stop Legend EA 1 1 35.00$ 35.00$ 35.00$
Stop Ahead Legend EA 0 1 70.00$ -$ 70.00$
Sub-Total (II)= 11,743.41$ 31,228.28$ 42,971.69$ TOTAL= 76,936.96$ 117,207.20$ 194,144.16$

39.63% 60.37%
Mobilization 9,707$
Traffic Control 5,000$
SWPPP 3,000$
Total Construction Cost 83,954$ 127,897$ 211,851$ Contigencies (10%) 8,395$ 12,790$ 21,185$
Design/Engineering/Construction Management (15%) 12,593$ 19,185$ 31,778$ Total Project Cost 104,943$ 159,872$ $ 264,815 Colton Share Grand Terrace Share Total Project Cost
Engineer's Estimate
Palm Ave_ Rosedale_Litton Area in Colton and Grand Terace

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ITEM NO. 5

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE CHANGE ORDERS TOTALING THE AMOUNT OF
$70,421.45 FOR THE MICROSOFT 365 MIGRATION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve change orders totaling the amount of $70,421.45 for the Microsoft 365 Migration Project and authorize the City Manager to execute change orders (Exhibits A- D).

BACKGROUND

On June 6, 2022, the City executed an agreement with AT&T Consulting and Network Integration Se rvices for the migration services of the City's current on -premise Microsoft Exchange Server (email) and Avaya PBX phone system to a cloud-based Microsoft 365 Platform for $257,489.

ISSUES/ANALYSIS

During the course of the project, it became evident additional services, including hardware and labor, would be required to complete migration. An in depth discovery revealed the Ava ya PBX is performing more functions than previously understood , including additional digital to analog conversion and Police Department (PD) dispatch integration. This could have been part of the original scope if City IT staff had a better understanding of the level of integration required ; however, vacancies in PD IT staff positions made more detailed knowledge of this functionality difficult at the time.

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Additional l abor is required to conduct a detailed analysis of the digital to analog signal conversion, PD call recording , PD dispatch integration and to complete the installation and testing of a larger capacity analog gateway (Exhibit A).

The purchase and configuration of the analog gateway to convert digital to analog lines referenced above is also necessary. This will require a dditional users and desktop phones that were not included in the original discovery and professional service project management/engineering hours (Exhibit B).

Cloud-based call center training was initially included but onl y for administrative functions.

Instructor led training for the Customer Service team training is critical for a smooth transition.

Additionally, SIP connectivity charges from the AT &T backend to the call center provider were erroneously not included in the original scope (Exhibit C).

The original recommended plan was to perform a single cut over from the Avaya PBX to Microsoft Teams. However, due to the complexity and variety of user functions, a phased approach is now recommended t o help ensure a seam less transition. This will mitigate the impact of t he cut over and allow time for the City of Colton IT staff and AT&T support to respond to potential issues and reduce the impact on City operations and critical services .

Additional labor is required to implement this approach. It is also recommended to keep an on premise Exchange server (email) for administration functions. The City’s existing Exchange server is reaching end of life (EOL) and a new Exchange server is required (Exhibit D).

Exhibit A $27,300.00
Exhibit B $14,850.33
Exhibit C $ 1,271.12
Exhibit D $27,000.00
Total $70,421.45

This additional work required resulted in change orders (Exhibits A -D) in the total amount of $70,421.45. The total cost for the project is $327,910.45.

FISCAL IMPACTS

The total cost of change orders (Exhibit A -D) is $70,421.45. Sufficient appropriations are available in the Fiscal Year 2022 -23 adopted budget in Information Services Fund Office Equipment Expense Fund 606-6040-6044-4900-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
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Change Order - AT&T Consulting & Network Integration Services May 16, 2023

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1. Exhibit A

2. Exhibit B

3. Exhibit C

4. Exhibit D
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SOW # 22AC-05-47D4
O365 On Site Support
Confidential Information: This agreement is for use by authorized employees of the Page 1 of 5 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

Signature Page
Vendor: AT&T Corp. (“AT&T Consulting”)
Customer: City of Colton
Engagement Number: 22AC-05-47D4
Engagement Name: Microsoft O365 Onsite Support
AT&T Contract Number: C3-A-12-10-TS-1
Date of Submission: March 1, 2023
Primary Work Site: 650 N La Cadena Drive, Colton, Ca 92324 AT&T Corp. provides services under the brand AT&T Consulting.

This Statement of Work (SOW) constitutes an offer by AT&T Consulting to perform the s ervices described herein. This offer may, at AT&T Consulting's option, be withdrawn if not signed and returned by City of Colton within 15 days from the date of submission shown above.

This SOW is an attachment to the Agreement TBD and is hereby incorporated into said Agreement. This SOW may only be modified by a written Change Order executed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this SOW to be duly executed. Each party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this SOW.

AUTHORIZED SIGNATURE ACCEPTANCE SIGNATURE
City of Colton AT&T Corp.

Signature Signature

Name Printed Name Printed

Title Title

Date Date

FOR AT&T Consulting INTERNAL USE ONLY ___________ ________ ATTUID Initials

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O365 On Site Support
Confidential Information: This agreement is for use by authorized employees of the Page 2 of 5 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

Table of Contents

1. Introduction ............................................................................................................................................................. 3

2. Description of Work ................................................................................................................................................. 3

4. Deliverables ............................................................................................................................................................ 4

5. Charges, Expenses and Invoicing ........................................................................................................................... 4

6. COC Responsibilities .............................................................................................................................................. 4

7. Engagement Contacts ............................................................................................................................................ 5

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O365 On Site Support
Confidential Information: This agreement is for use by authorized employees of the Page 3 of 5 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

1. Introduction

The City of Colton (CoC) with the assistance of AT&T is delivering a M365 modern work program which will transform and modernize how they are able to communicate and collaborate both internally and with their customers.

AT&T is recommending that in order to assist CoC in meeting their timeline and objectives that AT&T provide onsite Microsoft Teams professional engineer for a 2-month period based on a Times and Materials hourly agreement; all of the effort contained within this proposal is based on assisting COC with their responsibilities.

2. Description of Work

The purpose of this work will be to deliver the Cloud voice for Microsoft Teams Service through AT&T’s Session Border Controllers (SBCs) connected to the COC Microsoft Teams tenant. The expectation is to implement a solution for all identified COC locations and, migrate the users with their existing DDI number range to the AT&T Cloud Voice Platform and Teams Phone system.

Working in partnership with COC, AT&T will provide implementation and support that will augment the existing team to finalize the transformation in the most timely manner possible.

AT&T resource will partner with th CoC to deliver on the following activities:

• Review existing Analog lines
• Conduct a more detailed analysis of Eventide, Vesta and its integration with Avaya • Installation and testing of the analog gateway

Potential Benefits to COC
• Completion of the transformation project in a timely manner • Reducing in workload for existing staff to improve productivity • Minimize friction and risk with onsite expertise to ensure faster implementation • Well-coordinated execution of your voice transformation goals

3. Technologies in Scope
The following are the technologies in scope for this assessment:

• AT&T Cloud Voice
• Session Border Controllers

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O365 On Site Support
Confidential Information: This agreement is for use by authorized employees of the Page 4 of 5 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.
• Microsoft Teams Phone system

4. Deliverables
• Qualified MS O365/MS Teams engineering resource
• Qualified Technical Coordinator and Planner (T-PM)

5. Charges, Expenses and Invoicing

As consideration for providing the Services detailed in this SOW, City of Colton will pay AT&T on a time- and-materials basis in accordance with the following table.

The rate structure for this engagement is:

Title
Number of
Resources Hourly Rate
per Person
Estimated
Hours
Estimated
Labor Charge
Project Manager 1 $ 200 24 $ 4,800.00
Sr Consultant (Microsoft Teams) 1 $ 225 100 $ 22,500.00

Total $27,300.00
Both parties agree and acknowledge that this engagement is a variable cost offering and should not be considered a “fixed price bid” nor a “not to exceed” quote. The estimated cost of the work defined in this SOW is $27,300.00. Changes to the cost may occur only through the Change Order Process.

Pricing is based on the defined scope of work as set forth in this SOW. Any additions or changes to this SOW may necessitate changes in pricing. Pricing herein assumes no material project delays will occur that would require AT&T to stop or delay work.

AT&T Consulting will provide regular status updates to City of Colton so that the budgetary impacts may be monitored as work progresses. If during the course of the engagement it is determined that the work will extend past the expected duration, then the Change Order Process will be used to provide additional funding.

6. COC Responsibilities
COC agrees to provide timely access to all personnel, resources (including all necessary hardware, software, network access, adequate and secure workspace, and telephone access) and requested information that is deemed necessary by AT&T to ensure that AT&T can fulfil its commitments stated herein.

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O365 On Site Support
Confidential Information: This agreement is for use by authorized employees of the Page 5 of 5 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

It is noted that COC has limited resources with business-as-usual commitments and time constraint to assist with this assessment. AT&T will seek to only involve COC as necessary.

COC also specifically agrees to:
• Provide AT&T with the necessary physical and/or system access required to complete the deliverables.
• Provide appropriate personnel to assist in identifying users of systems and contact information. • Provide timely access to staff and personnel to answer questions regarding business or network information.
• Inform AT&T of any developments in other projects that might impact this engagement. • Notify AT&T of and make available to AT&T all relevant and previously developed information and documentation relating to the business applications. • If COC fails to perform any of the responsibilities set forth herein, the parties agree to resolve the situation via the Change Order Process. Notwithstanding the foregoing, neither of the parties is bound to use the Change Order Process in the event of a material breach by the other party.

7. Engagement Contacts
City of Colton
Paul Evans, IT Supervisor
650 N La Cadena Drive
Colton, Ca 92324
[email protected] / +1 9093705076
AT&T Consulting

ALEKSANDAR KRSTIC, MANAGER PROFESSIONAL SERVICES ATC
870 N MCCARTHY BLVD, SHARED
MILPITAS CA 95035 USA
[email protected] / 6504502328
AT&T Consulting Alternate Contact

KRISTEN FITZGERALD, BUSINESS DEVELOPMENT MANAGER ATC
2260 E IMPERIAL HWY
EL SEGUNDO CA 90245 United States
[email protected] / +1 4242254294

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Attachment: Exhibit A (4061 : Change Order - AT&T Consulting & Network Integration Services)

AT&T Network Integration Services
Change Order Request
AT&T and Customer Proprietary Page 1 of 3
Do not disclose or duplicate

CALNET AGREEMENT NUMBER: C4-DNCS-19-001-40 / 155674UA
AT&T Network Integration Tracking ID: GBS369947-1.1
Document Version#: v2
CUSTOMER Legal Name (“Customer”) AT&T Corp. ("AT&T") AT&T Branch Sales Contact City of Colton AT&T Edward Bai
CUSTOMER Address AT&T Corp. Address and Contact AT&T Branch Sales Contact Information
Street Address: 650 N La Cadena Drive
City: Colton
State: CA
Country: USA
Zip Code: 92324
One AT&T Way
Bedminster, NJ 07921-0752
Contact: Master Agreement Support Team
Email : [email protected]

Address: 12900 Park Plaza DR
City: Cerritos
State: CA Country: USA
Zip Code: 90703
Phone: (562) 229-8105
Email: [email protected]
Sales/Branch Mgr: Steve Gallagher
SCVP Name: Chris Congo
CUSTOMER Contact AT&T Address and Contact AT&T NI Contact Information

Name: Paul Evans
Title: Information Technology Manager
Telephone:

Mobile:

Email: [email protected]
Name: Antonio Ruiz
Title: ASE
Telephone: 831.238.4516
Address: 401 W Franklin St
City: Monterey
State: CA
Country: USA
Zip Code: 93940
Name: Nicole Jacquemin
Address: 600 E Green St, 3rd floor
City: Pasadena
State: CA
Country: USA
Zip Code: 91101
Telephone: 626-241-7409
Email: [email protected]
CUSTOMER Billing Address
Street Address: 650 N La Cadena Drive
City: Colton
State: CA Country: USA
Zip Code: 92324

This AT&T Network Integration Services Change Order Request (“Change Request”) is an attachment to the AT&T Network Integration Services Attachment GBS369947.1 dated 0 6/13/2022. This Change Request is effective on the latter of the dates when signed by both Customer and AT&T (“Effective Date”).

To the extent any terms set forth in this Change Request conflict with those of the do cument indicated in the preceding paragraph, or those of the Statement of Work, the order of priority shall be with respect to the AT&T Network Integration Services provided hereunder: (1) this Change Request; (2) the applicable document indicated in the previous paragraph.

AGREED: AGREED:

CUSTOMER: City of Colton AT&T

By:_________________________________________
(Authorized Agent or Representative)

By:_________________________________________
(Authorized Agent or Representative)

(Typed or Printed Name)

(Typed or Printed Name)

(Title)

(Title)

(Date)

(Date)

ATTUID: np211k

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Attachment: Exhibit B (4061 : Change Order - AT&T Consulting & Network Integration Services)

AT&T Network Integration Services
Change Order Request
AT&T and Customer Proprietary Page 2 of 3
Do not disclose or duplicate

Type of Request: Add for MS Direct Route Solution
Initiator (Company): City of Colton
Change Request Received by: Nicole Jacquemin

Description:

This Change Order adds the following:
• 56 Additional MS Direct Route Users on the platform
• One (1) Analog Gateway (24 Port)
• Twenty-four (24) Analog Fax Lines
• Fifty-five (55) additional C455 IP Phones
• One (1) additional C470 IP Phone
• Forty (40) Professional Service Project Management and Engineering Hours

Assumptions:
• Nice InContact provides call recording trunks for the City of Colton’s legacy Avaya systems. AT&T will provide the professional services to incorporate this service into the ACV-T service. The SIP Trunks as a Service will be utilized with a logical cross connect of the Core SBC’s and the SBC’s in service at NICE InContact.
• One-time set up fees have been added for four (4) SIP Trunks. • Monthly Recurring Charges have been added to support eighteen (18) Concurrent Call Paths. • STaaS establishing primary and secondary SIP trunks between ACV-T UC Core SBC’s and CXOne SBC’s at Nice/InContact
• For virtual cross-connection with redundancy a total of 4 x SIP trunks need to be configured

Impact of Change

Non-Recurring (One Time) Charges

Item
#
Part
Number Description Price Qty SAAF
Applied Subtotal
1 MTS22
Setup fee for private SIP trunk between UC Node SBC and customer PBX, customer SIP trunk, customer contact
center. SIP trunk turn-up, One time.
$294.12 4 Yes $1,176.48
2 MTS12
Professional Services - Principal Architect II for Migration only – Regular Hours; Can be used for bucket of hours for custom work related to the AT&T Teams Direct Route
Service.
$300.00 40 Yes $12,000.00
3 MSF01
One-time per user. User Profile Includes: (1.) Unlimited US Domestic (inbound/outbound) minutes. (2.) Microsoft
Teams Direct Route Peering setup (3.) Number Porting or New Number per user (4.) AT&T Monitoring and
Management Support. (5.) E911 Emergency Services. (6.)
Access via Internet included 6. Cloud HA Pair SBC and SIP Trunk included. User Setup includes: Integration into the core with one cutover event, associated Project
Management and Engineering support.
$5.00 56 Yes $280.00
4 MSF01 AT&T Team Direct Route Common Area Setup - Analog Fax Lines $5.00 24 Yes $120.00
TOTAL Non-Recurring Charges: $13,576.48

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Attachment: Exhibit B (4061 : Change Order - AT&T Consulting & Network Integration Services)

AT&T Network Integration Services
Change Order Request
AT&T and Customer Proprietary Page 3 of 3
Do not disclose or duplicate

Monthly Recurring Charges

Item
#
Part
Number Description Price Qty SAAF
Applied Subtotal
1 MSBR2 MSBR 5 ESBC Sessions. Must be procured with Multi- Service Business Router (MSBR). $11.70 18 Yes $210.60
2 MSF01
Monthly recurring per user. User Profile Includes: (1.) unlimited US Domestic (inbound/outbound) minutes. (2.)
Microsoft Teams Direct Route Peering setup (3.) Number
Porting or New Number per user (4.) AT&T Monitoring and Management Support. (5.) E911 Emergency Services. (6.)
Access via Internet included 6. Cloud HA Pair SBC and SIP Trunk included.
$9.99 56 Yes $559.44
3 SV114 Enhanced SIP Phone. GigE, Color Display / No AC Adapter. $5.28 55 Yes $290.40
4 SV115 Executive SIP Phone. GigE, Color Display, Touchscreen, Bluetooth / No AC Adapter. $7.26 1 Yes $7.26
5 TAO02 AT&T Team Direct Route Common Area – MRC for Analog Fax Lines $6.00 24 Yes $144.00
6 AG04 24 FXS Analog Gateway Analog Gateway for additional connectivity. $62.15 1 Yes $62.15
TOTAL Monthly Recurring Charges: $1,273.85

AT&T reserves the right to withdraw this Change Order Request if: (a) this is not signed by Customer within sixty (60) days of presentation to the Customer and/or (b) the engagement does not commence within thirty (30) calendar da ys of the Effective Date.

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Attachment: Exhibit B (4061 : Change Order - AT&T Consulting & Network Integration Services)

AT&T Network Integration Services
Change Order Request

AT&T and Customer Proprietary Confidential Page 1 of 2
Do not disclose or duplicate

CALNET AGREEMENT NUMBER: C4-DNCS-19-001-40 / 155674UA
AT&T Network Integration Tracking ID: GBS358499-2
Document Version#: v1
CUSTOMER Legal Name (“Customer”) AT&T Corp. ("AT&T") AT&T Branch Sales Contact Name

City of Colton AT&T Name: Edward Bai
CUSTOMER Address AT&T Corp. Address and Contact AT&T Branch Sales Contact Information
Street Address: 650 N La Cadena Drive
City: Colton
State: CA
Country: USA
Zip Code: 92324
One AT&T Way
Bedminster
NJ
07921-0752
Contact: Master Agreement Support Team
Email : [email protected]
Address: 12900 Park Plaza Dr
City: Cerrutis
State:CA
Country: USA
Zip Code: 90703
Phone: 562-229-8105
Email: [email protected]
Sales/Branch Mgr: Steve Gallagher
SCVP Name: Chris Congo
CUSTOMER Contact AT&T Address and Contact AT&T NI Contact Information Name: Paul Evans
Title: Information Technology Manager
Telephone: (909) 370-5099
Email: [email protected]
Name: Antonio Ruiz
Title: ASE
Telephone: 831.238.4516
Street Address: 401 W. Franklin St
City: Monterey
State: CA
Country: USA
Zip Code:93940
Name: Nicole Jacquemin
Address: 600 E Green St
City: Pasadena
State: CA
Country: USA
Zip Code: 91101
Telephone: 626-241-7409
Email: [email protected]
CUSTOMER Billing Address
Street Address: 650 N La Cadena Drive
City: Colton
State: CA
Country: USA
Zip Code: 92324

This AT&T Network Integration Services Change Order Request (“Change Request”) is an attachment to the AT&T Network Integration Services Attachment GBS358499.2 dated 0 6/13/2022. This Change Request is effective on the latter of the dates when signed by both Customer and AT&T (“Effective Date”).

To the extent any terms set forth in this Change Request conflict with those of the do cument indicated in the preceding paragraph, or those of the Statement of Work, the order of priority shall be with respect to the AT&T Network Integration Services provided hereunder: (1) this Change Request; (2) the applicable document indicated in the previous paragraph.

AGREED: AGREED:

CUSTOMER: City of Colton AT&T

By:_________________________________________
(Authorized Agent or Representative)

By:__________________________________________
(Authorized Agent or Representative)

(Typed or Printed Name)

(Typed or Printed Name)

(Title)

(Title)

(Date)

(Date)

ATTUID: np211k

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Attachment: Exhibit C (4061 : Change Order - AT&T Consulting & Network Integration Services)

AT&T Network Integration Services
Change Order Request

AT&T and Customer Proprietary Confidential Page 2 of 2
Do not disclose or duplicate

Type of Request: Add Contact Center Network Connectivity and ACD Training Initiator (Company): City of Colton
Change Request Received by: Nicole Jacquemin
Description:

Network Connectivity Monthly Recurring Services
CXone SIP Trunk for Cloud Connect includes the following:
• One (1) CXone TLS SIP Security
o TLS (Transport Layer Security) provides a higher level of encryption on SIP Trunks o Billed as a monthly recurring charge per SIP session
• One (1) CXone SIP Trunk for Cloud Connect
o SIP trunk connectivity between inContact and Customer’s 3rd party carrier. o Used when customers choose a 3rd party carrier for telecom transport instead of inContact.

Network Connectivity One Time Services (Non-recurring)
Cloud Connect SIP – SETUP includes the following:
• One (1) CXone TLS SIP Security Setup
o Required one-time setup fee for TLS for SIP Trunks
o Billed as a one-time non-recurring charge
• Cloud Connect SIP Setup
o Required one-time setup fee with the selection of Cloud Connect SIP

NICE inContact CXone ACD Training: Agent & Supervisor
• Remote: Virtual training above and beyond standard training that is included with the service-Learn how to launch the Agent console, handle contacts, and manage Agent states. This course also covers supervisor functions, such as Monitor, Coach, Barge, and Takeover. • Estimated training duration - 2 hours
• Billed per course as a one-time (non-recurring) charge

Impact of Change:

Feature Name
CALNET
Product ID
SAAF
Applied Qty
MRC
Per Unit
Extended Price
Per Month
Monthly Recurring Charge (“MRC”)
CCC IVR Lines for:
o CXone TLS SIP Security
o CXone SIP Trunk for Cloud Connect
ACCC154 Yes 2 $18.76 $37.52

Feature Name
CALNET
Product ID
SAAF
Applied Qty
NRC Per
Unit
Extended One
Time Charge
Non-recurring Charges (“NRC”)
IVR Basic Application Fee Cloud Connect SIP ACCC206 Yes 2 $10.56 $21.12 NICE inContact CXone ACD Training: Agent &
Supervisor NIC136 Yes 1 $1,250.00 $1,250.00
Total NRC $1,271.12

AT&T reserves the right to withdraw this Change Order Request if: (a) this is not signed by Customer within sixty (60) days of presentation to the Customer and/or (b) the engagement does not commence within thirty (30) calendar da ys of the Effective Date.

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Attachment: Exhibit C (4061 : Change Order - AT&T Consulting & Network Integration Services) SOW # 22AC-04-46A7
O365 Transformation and Avaya Support
Confidential Information: This agreement is for use by authorized employees of the Page 1 of 4 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

Signature Page
Vendor: AT&T Corp. (“AT&T Consulting”)
Customer: City of Colton
Engagement Number: 22AC-04-46A7
Engagement Name: Microsoft O365 Transformation and Avaya Remote Support AT&T Contract Number: TBD
Date of Submission: February 8, 2023
Primary Work Site: 650 N La Cadena Drive, Colton, Ca 92324 AT&T Corp. provides services under the brand AT&T Consulting.

This Statement of Work (SOW) constitutes an offer by AT&T Consulting to perform the services described herein. This offer may, at AT&T Consulting's option, be withdrawn if not signed and returned by City of Colton within 15 days from the date of submission shown above.

This SOW is an attachment to the Agreement TBD and is hereby incorporated into said Agreement. This SOW may only be modified by a written Change Order executed by the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this SOW to be duly executed. Each party warrants and represents that its respective signatories whose signatures appear below have been and are on the date of signature duly authorized to execute this SOW.

AUTHORIZED SIGNATURE ACCEPTANCE SIGNATURE
City of Colton AT&T Corp.

Signature Signature

Name Printed Name Printed

Title Title

Date Date

FOR AT&T Consulting INTERNAL USE ONLY ___________ ________ ATTUID Initials

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Attachment: Exhibit D (4061 : Change Order - AT&T Consulting & Network Integration Services) SOW # 22AC-04-46A7
O365 Transformation and Avaya Support
Confidential Information: This agreement is for use by authorized employees of the Page 2 of 4 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

Table of Contents

1. Introduction ............................................................................................................................................................. 3

2. Description of Work ................................................................................................................................................. 3

3. Deliverables ............................................................................................................................................................ 3

4. Charges, Expenses and Invoicing ........................................................................................................................... 3

5. Engagement Contacts ............................................................................................................................................ 4

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Attachment: Exhibit D (4061 : Change Order - AT&T Consulting & Network Integration Services) SOW # 22AC-04-46A7
O365 Transformation and Avaya Support
Confidential Information: This agreement is for use by authorized employees of the Page 3 of 4 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

1. Introduction

AT&T Consulting will assist City of Colton by providing technical expertise to facilitate a successful move to Microsoft 365 applications and services as described in this document.

2. Description of Work
AT&T Consulting will provide the following skills and expertise required to assist their client, the City of Colton (Client or the City), with discovery of and migration from the current on-premises based Avaya PBX to Microsoft 365 Team Phone System.

AT&T Consulting has the following understanding of the requirements for this engagement:

 The City of Colton is in need of cutover and post-cutover support for to ensure that all the pertinent functionality in the legacy Avaya PBX has been implemented in the comparable Microsoft 365 Team Phone System solution and the transition is as seamless as possible mitigating long outages or disruption of critical services.

 The principal skills requested for this work includes:

o Technical understanding of legacy Avaya PBX and Microsoft Teams phone systems

o Clear and precise documentation skills of call flow and voice configurations

o Ability to articulate gaps in technology or understanding between legacy PBX configurations and modern voice collaboration systems.

 Consultant(s) to decommission the existing Exchange Server 2013 and replace it will a newer version, such as, Microsoft Exchange version 2022, for ongoing administration and management.  Consultant(s) to support the Team configuration for voice migration and testing. The principal skill set is Micorosoft Teams.

3. Deliverables
 Extended support for Microsoft O365 Transformation (Voice)  Extended support Avaya PBX

4. Charges, Expenses and Invoicing

As consideration for providing the Services detailed in this SOW, City of Colton will pay AT&T on a time- and-materials basis in accordance with the following table.

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Attachment: Exhibit D (4061 : Change Order - AT&T Consulting & Network Integration Services) SOW # 22AC-04-46A7
O365 Transformation and Avaya Support
Confidential Information: This agreement is for use by authorized employees of the Page 4 of 4 Parties hereto only and is not for general distribution within or outside their companies. © 2023 AT&T Intellectual Property. All rights reserved. AT&T and the AT&T logo are trademarks of AT&T Intellectual Property.

The rate structure for this engagement is:

Title
Number of
Resources
Hourly Rate
per Person
Estimated
Hours
Estimated
Labor Charge
Sr Consultant (Avaya) 1 $ 225 60 $ 13,500.00
Sr Consultant (Microsoft Teams) 1 $ 225 60 $ 13,500.00

Total $ 27,000.00
Both parties agree and acknowledge that this engagement is a variable cost offering and should not be considered a “fixed price bid” nor a “not to exceed” quote. The estimated cost of the work defined in this SOW is $27,000. Changes to the cost may occur only through the Change Order Process.

Pricing is based on the defined scope of work as set forth in this SOW. Any additions or changes to this SOW may necessitate changes in pricing. Pricing herein assumes no material project delays will occur that would require AT&T to stop or delay work.

AT&T Consulting will provide regular status updates to City of Colton so that the budgetary impacts may be monitored as work progresses. If during the course of the engagement it is determined that the work will extend past the expected duration, then the Change Order Process will be used to provide additional funding.

5. Engagement Contacts
City of Colton
Paul Evans, IT Supervisor
650 N La Cadena Drive
Colton, Ca 92324
[email protected] / +1 9093705076
AT&T Consulting

MIKE SHEEHAN, MANAGER PROFESSIONAL SERVICES ATC
2260 E IMPERIAL HWY
EL SEGUNDO CA 90245 United States
[email protected] / +1 6614303943
AT&T Consulting Alternate Contact

KRISTEN FITZGERALD, BUSINESS DEVELOPMENT MANAGER ATC
2260 E IMPERIAL HWY
EL SEGUNDO CA 90245 United States
[email protected] / +1 4242254294

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Attachment: Exhibit D (4061 : Change Order - AT&T Consulting & Network Integration Services)

ITEM NO. 6

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE ADDITIONAL FUNDING FOR PURCHASE OF
HYDROFLOC 750A AND 751 POLYMER FROM AQUA-BEN
CORPORATION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve additional funding for the purchase of HydroflocTM 750A and 751 Polymer from Aqua- Ben Corporation in the amount of $50,000 for a total aggregate amount of $250,000 for the use at the City’s Wastewater Treatment Plant, in accordance with Colton Municipal Code

3.08.140(b)

BACKGROUND

The City of Colton owns, operates, and maintains a wastewater collection, pum ping, and treatment system that serves the City of Colton, neighboring City of Grand Terrace, and unincorporated County areas. In 201 9, the City completed the installation of a centrifuge system at the Wastewater Treatment Plant to meet regional groundwater discharge requirements.

ISSUES/ANALYSIS

In May of 2019, staff at the wastewater treatment plant brought online two new centrifuges. Both the centrifuge and the diffused air flotation thickening (DAFT) systems use a polymer base chemical to aid in the t hickening process. The centrifuge manufacturer recommends that only HydroflocTM 751 and Hydrofloc TM 750A polymer be used in the system. Aqua Ben is the manufacturer and “Sole Source” supplier for the HydroflocTM 750A and 751 polymers.

6 Packet Pg. 175
Staff Report to the Mayor and City Council
Contract Amendment - Aqua-Ben Corporation
May 16, 2023

Page 2 ends

On September 21, 2 021, Council approved a purchase order with Aqua -Ben in the amount of $200,000 for FY 2021/2022 and authorized the City Manager to execute up to three (3) additional 12-month terms, each not to exceed $200,000 annually. Since that time, staff has been utilizing both centrifuges continuously which has increased the usage of the polymer. Due to increase in usage, additional funding is required for the purchase of the polymer.

Colton Municipal Code 3.08.080(a) allows purchases of materials, supplies and eq uipment of $25,000 or less to be approved by the City Manager. Section 3.08.080(c) requires that purchases greater than $100,000 be awarded by City Council in accordance with the non -public project formal bidding procedure.

The Colton Municipal Code als o allows for exception s under certain conditions. Specifically, Section 3.08.140(b), allows the City Council to waive the competitive bidding requirement for purchases over $100,000 when no competitive market exists. Since Hydrofloc TM is a trademarked prod uct, and since Aqua Ben Corporation is the sole source supplier of these products, there is no competitive advantage to be gained by the public bidding process, and it is in the best interest of the City and its administrative operations to dispense with t he formal bidding procedure.

FISCAL IMPACTS

Sufficient appropriations are available in the adopted FY 2022 -23 budget in Wastewater Fund, Plant Operations and Maintenance Account Number 522-8200-8200-2255-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Single source letter and quote 2023
6 Packet Pg. 176

April 21, 2023

City of Colton
1201 S. Rancho Ave.

Colton, CA 92324

Dear Ovidiu

Currently Aqua Ben is the sole supplier of our Hydrofloc 750A & 751 and is not sold by any of our resale customers.

The products are currently priced at $2.36 / lb. delivered to your facility in 2300 lb. net tote bins. They are stocked in either our Orange or Los Angeles warehouses and are available for shipping upon receipt of purchase order. Pricing will be firm until 06-30-2024 with the only stipulation being major cost changes due to world events or global supply chain interruptions. If you have any questions, please feel free to contact Sandra Miller @ 619-312-7777 or myself at the numbers below.

Thank you for the opportunity to supply your polymer needs.

Best regards,
Jeff Wallace
General Manager
Aqua Ben Corporation
Office: 714-771-6040
Cell: 949-689-4908
[email protected]
www.aquaben.com

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Attachment: Single source letter and quote 2023 (4054 : Contract Amendment - Aqua-Ben Corporation)

ITEM NO. 7

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE A NOTICE OF COMPLETION FOR THE CARNEGIE

BUILDING PAINTING PROJECT, COMPLETED BY
PERFORMANCE CONSTRUCTION & PAINTING.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the execution and recordation of a Notice of Completion (NOC) for the Carnegie Building Painting Project with Performance Construction and Painting.

BACKGROUND

The Colton Area Museum, founded i n 1991, is located in the Carnegie Library Building, built in 1908. An all-volunteer Board of Directors operates it , houses a collection of historical artifacts, and presents exhibits on the history of Colton.

On June 17, 2019, Assembly Member Eloise Gomez Reyes secured $900,000 for the Museum, within the State Budget through Local Assistance Grant Funds, administered by the California State Department of Parks and Recreation. In October 2019, the City formally accepted the funds for improvements to the Carnegie Building, home of Colton Area Museum, through a lease agreement with the City.

ISSUES/ANALYSIS

On December 21, 2021, the City awarded a contract to Performance Construction & Painting for the Painting of the Carnegie Building $75,865. Performance Construction & Painting completed 7 Packet Pg. 178
Staff Report to the Mayor and City Council
Notice of Completion - Carniegie Building Painting Project May 16, 2023

Page 2 ends

the painting of the C arnegie Building to scope. The Carnegie Building Painting Project, with Performance Construction & Painting did not experience any change orders.

FISCAL IMPACTS

There is no fiscal impact to file the Notice of Completion. The total amount for painting the Carnegie Building was $75,865. Sufficient funds were available in Miscellaneous Grants Fund Capital Improvement Account No. 225-6200-6222-3890-0000-000.

ALTERNATIVES

1. Provide direction to staff.

ATTACHMENT

1. Exhibit A - NOC - Performance Construction
7 Packet Pg. 179

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

APN: 0162-102-01-0000 SPACE ABOVE THIS LINE FOR RECORDER’S USE

Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz P.E., M.A

3. The full address of the undersigned is City of Colton, 160 S. 10th Street, Colton, CA 92324-2897

4. The nature of the title of the undersigned is City of Colton City Engineer (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APP ROPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on January, 2023

8. The name of the original contractor, if any, for the work of improvement was Performance Construction & Painting The kind of work done or material furnished was Painting of Colton Area Museum

9. The property on which the work of improvement was completed is in the City of Colton, County of San Bernardino, State of California, and is described as follows: Colton Area Museum

9. The street address of the said property is 380 N. La Cadena Dr., Colton, CA 92324

Dated: ___________________________ _________________________________________________ Victor Ortiz, P.E., M.A Assistant PW Director/City Engineer

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at ___________________, California, this _____________ day of _______________ _______________

________________________________________________
(SIGNATURE)

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Attachment: Exhibit A - NOC - Performance Construction (4018 : Notice of Completion - Carniegie Building Painting Project)

ITEM NO. 8

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB-1: ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017, RESOLUTION NO. R-41-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve Resolution R -41-23 adopting a List of Projects for Fiscal Year 2023 -2024 funded by SB-1: Road Repair and Accountability Act of 2017.

BACKGROUND

On April 28, 2017 , the Governor signed Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017 known as SB -1, to add ress basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road systems. The 2016 California Statewide Local Streets and Roads Needs Assessment found that the majority of the City’s streets and roads are in an at-risk/poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a good condition. SB -1 increases per gallon fuel excise taxes, diesel fuel sale s taxes and vehicle registration fees. A percentage of this RMRA funding will be apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.

ISSUES/ANALYSIS

8 Packet Pg. 181
Staff Report to the Mayor and City Council
Project List - Road Repair and Accountability Act of 2017 (SB-1) May 16, 2023

Page 2 ends

Streets and Highways Code (SHC) Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported.

Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects.

Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirement for the program is the submittal of the list of projects to the California Transportation Commission (CTC) prior to receiving an apportionment of RMRA funds from the Controller in a f iscal year. All projects proposed to receive funding must be included in a city or county budget that is adopted by the applicable City Council or County Board of Supervisors at a regular public meeting. The list of projects is intended to cover, at a mini mum, the applicable fiscal year. Project information for future fiscal years can be included and can be updated as needed prior to submittal to the CTC. Any update on the project list requires City Council approval.

Below is the list of proposed streets f or funding by SB -1 for Fiscal Year 23 -24. Also shown is the project limit and corresponding Pavement Condition Index (PCI) rating of these streets:

Project Description/Location Budget PCI
a. Pavement Rehabilitation: Meridian Ave. (350’ North of Valley Blvd. to San Bernardino Ave.) $ 287,080 64
b. Pavement Rehabilitation: Rancho Ave. (Agua Mansa Rd. to Cement Plant Rd.) $ 171,192 67
c. Pavement Rehabilitation: Pepper Ave. (UPRR Bridge. to Slover Ave.) $ 112,750 51
d. Pavement Rehabilitation: Citrus Ave. (Rancho Ave. to Watwood Ave.) $ 202,476 55, 62
e. Pavement Rehabilitation: Pleasant Valley Ct. (Hidden Valley Ln. to West End) $ 17,119 34
f. Pavement Rehabilitation: Duron St. (Cooley Dr. to Cameron St.) $ 65,107 40, 65 g. Pavement Rehabilitation: Cooley Dr. (Mt. Vernon Ave. to Ashley Way) $ 311,580 38, 51
h. Pavement Rehabilitation: Iowa Ave. (I-215 to Main St.) $ 163,189 59 Total = $ 1,330,493

The scope of work for the listed street s includes pavement grinding, rubberized asphalt overlay, pavement striping and installation of traffic loops. Inclusion of these streets was based on the Pavement Management Plan developed by IMS Infrastructure Management Services, Inc. in 8 Packet Pg. 182
Staff Report to the Mayor and City Council
Project List - Road Repair and Accountability Act of 2017 (SB-1) May 16, 2023

Page 3 ends

2016 for the City of Colton. Recipien ts of SB -1 funding are required to use a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost -effective projects that also meet the communities priorities for transportation investment. Meridian Ave., Iowa Ave. and Rancho Ave. are actually in relatively good condition according to the 2016 PCI Index rating but considered for rehabilitation due to pothole maintenance history and substantial pavement deterioration.

Pavement Condition Index (PCI) is a numerical index between 0 and 100 being used to indicate the general condition and distress of a pavement. PCI is rated 0 -100, 100 being best and 0 as worst condition. The descriptive range of the PCI rating are: 0 -25 (Very Poor), 26-40 (Poor), 41- 50 (marginal), 51-60 (Fair), 61-70 (Good), 71-85 (Very Good) and 86-100 (Excellent). Pavement distress includes but not limited to cracking, bumps, sags, potholes, joint reflections and exposed aggregates. The average PCI of the City’s road net work (total of 141.5 miles) is 65. The national average PCI rating is 60-65.

The projected SB-1 funding for the City of Colton for FY 23 -24 is $1,330,493 (Exhibit B). The City of Colton’s Public Works Department will manage compliance with RMRA requiremen ts for eligibility and reporting.

FISCAL IMPACTS

The approximat e cost of listed streets for FY20 23-24 is $1, 330,493. The proposed citywide budget for FY2023 -24 includes appropriations and revenue requests to fund the FY 20 23-24 Road Repair and Accountability Act of 2017 (SB-1) Projects listed in this report.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A- Resolution SB 1 List of Streets

2. Exhibit B - Estimated SB-1 Revenue for Colton
8 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

RESOLUTION NO. R-41-23

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR
2023/2024 FUNDED BY SB 1: THE ROAD REPAIR AND
ACCOUNTABILITY ACT OF 2017

WHEREAS, the City of Colton is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and,

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide; and,

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and,

WHEREAS, the City must adopt a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the City budge t, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and,

WHEREAS, the City will receive an estimated $1,330,493 in RMRA funding in Fiscal Year 2023-2024 from SB 1; and,

WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1 ; and,

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high -priority and cost - effective projects that also meet the communities priorities for transportation investment; and,

WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads, bridges and active tr ansportation infrastructure throughout the City this year and other similar projects into the future; and,

WHEREAS, the 2016 California Statewide Local Streets and Roads Needs Assessment found that majority of the City’s streets and roads are in an at -risk/poor condition and this revenue will help us increase the overall quality of our road system and over the next decade will improve the condition of our streets and roads; and,

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Packet Pg. 184
Attachment: Exhibit A- Resolution SB 1 List of Streets (4057 : Project List - Road Repair and Accountability Act of 2017 (SB-1))

1 2

3 4

5 6

7 8

9 10

11 12

13 14

15 16

17 18

19 20

21 22

23 24

25 26

27 28

WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helpi ng the State achieve its air quality and greenhouse gas emissions reductions goals; and,

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1 The Recital preceding in this Resolution are true and correct and are incorporated into this Resolution by reference.

Section 2 The City Council authorizes the adoption of the following List of Streets for Fiscal Year 2023/2024 Pavement Rehabilitation Project to be funded by Road Maintenance and Rehabilitation Account (SB-1) revenues include:

Project 1: SB-1 Funded FY 23/24 Street Rehabilitation Project:

a. Meridian Ave. (350’ North of Valley Blvd. to San Bernardino Ave.) - $287,080 – asphalt grind and overlay, striping, traffic loops; estimated useful life - 10 to 15 years); estimated start of design by Sept. 1, 2023 and project construction completion by June 2024.

b. Rancho Ave. (Agua Mansa Rd. to Cement Plant Rd.) - $171,192 – asphalt grind and overlay, striping, traffic loops; estimated useful life - 10 to 15 years); estimated start of design by Sept. 1, 2023 and project construction completion by June 2024

c. Pepper Ave. (UPRR Bridge. to Slover Ave.) - $112,750 – asphalt grind and overlay, striping; estimated useful life - 10 to 15 years); estimated start of design by Sept. 1, 2023 and project construction completion by June 2024.

d. Citrus Ave. (Rancho Ave. to Watwood Ave.) – $202,476 - asphalt grind and overlay, striping, traffic loops; estimated useful life - 10 to 15 yea rs); estimated start of design by Sept. 1, 2023 and project construction completion by June 2024.

e. Pleasant Valley Ct. (Hidden Valley Ln. to West End) – $17,119 – asphalt grind and overlay, striping; estimated useful life - 10 to 15 years); estimated star t of design by Sept. 1, 2023 and project construction completion by June 2024.

f. Duron St. (Cooley Dr. to Cameron St.) - $65,107 - asphalt grind and overlay, striping; estimated useful life - 10 to 15 years); estimated start of design by Sept. 1, 2023 and project construction completion by June 2024. /

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Packet Pg. 185
Attachment: Exhibit A- Resolution SB 1 List of Streets (4057 : Project List - Road Repair and Accountability Act of 2017 (SB-1))

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5 6

7 8

9 10

11 12

13 14

15 16

17 18

19 20

21 22

23 24

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27 28

g. Cooley Dr. (Mt. Vernon Ave. to Ashley Way) - $311,580 – asphalt grind and overlay, striping, traffic loops, 10 to 15 years (estimated useful life) – estimated start of design by Sept. 1, 2023 and project construction completion by June 2024.

h. Iowa Ave. (I-215 to Main St.) - $163,189 – asphalt grind and overlay, striping, traffic loops; estimated useful life - 10 to 15 years); estimated start of design by Sept. 1, 2023 and project construction completion by June 2024.

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF MAY 2023.

__________________________
FRANK J. NAVARRO
Mayor

ATTEST:

__________________________________

City Clerk

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Packet Pg. 186
Attachment: Exhibit A- Resolution SB 1 List of Streets (4057 : Project List - Road Repair and Accountability Act of 2017 (SB-1))

ATTACHMENT B
Local Streets and Roads - Projected FY2023-24 Revenues
Based on State Dept of Finance statewide revenue projections Estimated January 2023 TOTAL Road Mntnc
Sec2103 (5) Sec2105 (3) Sec2106 (3) Sec2107 (3) Sec2107.5 (4) HUTA Rehab Acct TOTALHighway Users Tax Acct (HUTA)(1) Streets & Highways Code

SACRAMENTO COUNTY
CITRUS HEIGHTS 869,197 575,585 377,858 691,354 7,500 2,521,493 2,168,336 4,689,829 ELK GROVE 1,753,674 1,161,288 757,474 1,394,861 10,000 5,077,297 4,374,790 9,452,087 FOLSOM 838,250 555,092 364,575 666,739 7,500 2,432,156 2,091,134 4,523,290 GALT 252,361 167,114 113,113 200,726 6,000 739,314 629,550 1,368,865 ISLETON 7,878 5,217 8,181 6,266 1,000 28,542 19,653 48,195 RANCHO CORDOVA 796,304 527,315 346,572 633,375 7,500 2,311,066 1,986,494 4,297,560 SACRAMENTO 5,155,468 3,413,966 2,217,517 4,100,627 20,000 14,907,578 12,861,050 27,768,628

SAN BENITO COUNTY
HOLLISTER 421,682 279,239 164,497 335,403 6,000 1,206,820 1,051,945 2,258,765 SAN JUAN BAUTISTA 20,740 13,734 12,655 16,497 1,000 64,626 51,739 116,365

SAN BERNARDINO COUNTY
ADELANTO 363,296 240,576 150,475 288,963 6,000 1,049,309 906,293 1,955,603 APPLE VALLEY 753,188 498,764 306,814 599,081 7,500 2,165,347 1,878,936 4,044,283 BARSTOW 253,015 167,547 106,254 201,247 5,000 733,063 631,182 1,364,245 BIG BEAR LAKE 50,012 33,118 24,854 415,306 2,000 525,290 124,763 650,053 CHINO 911,639 603,690 370,350 725,112 7,500 2,618,290 2,274,212 4,892,502 CHINO HILLS 777,605 514,932 316,605 618,502 7,500 2,235,144 1,939,847 4,174,991 COLTON 533,340 353,179 218,659 424,215 7,500 1,536,894 1,330,493 2,867,386 FONTANA 2,108,795 1,396,450 850,386 1,677,322 10,000 6,042,953 5,260,689 11,303,643 GRAND TERRACE 130,228 86,238 57,019 103,583 3,000 380,068 324,873 704,941 HESPERIA 994,144 658,325 403,433 790,736 7,500 2,854,137 2,480,033 5,334,170 HIGHLAND 564,178 373,600 231,025 448,744 7,500 1,625,046 1,407,422 3,032,468 LOMA LINDA 251,192 166,340 105,523 199,796 5,000 727,851 626,633 1,354,484 MONTCLAIR 377,179 249,769 156,042 300,006 6,000 1,088,995 940,926 2,029,921 NEEDLES 48,853 32,351 24,389 38,857 2,000 146,450 121,871 268,321 ONTARIO 1,778,883 1,177,982 718,098 1,414,913 10,000 5,099,876 4,437,678 9,537,554 RANCHO CUCAMONGA 1,728,940 1,144,909 698,072 1,375,188 10,000 4,957,110 4,313,088 9,270,198 REDLANDS 722,024 478,126 294,318 574,293 7,500 2,076,260 1,801,191 3,877,451 RIALTO 1,031,948 683,359 418,591 820,805 10,000 2,964,703 2,574,341 5,539,044 SAN BERNARDINO 2,214,190 1,466,243 892,648 1,761,153 10,000 6,344,235 5,523,614 11,867,849 TWENTYNINE PALMS 274,340 181,669 114,805 218,208 6,000 795,022 684,380 1,479,401 UPLAND 784,215 519,309 319,255 623,759 7,500 2,254,038 1,956,335 4,210,373 VICTORVILLE 1,353,228 896,112 547,419 1,076,349 10,000 3,883,108 3,375,820 7,258,928 YUCAIPA 542,734 359,400 222,426 431,687 7,500 1,563,747 1,353,927 2,917,675 YUCCA VALLEY 216,152 143,137 91,473 171,926 5,000 627,688 539,223 1,166,910 18 January 2023 CaliforniaCityFinance.com Page 11 of 16

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Attachment: Exhibit B - Estimated SB-1 Revenue for Colton (4057 : Project List - Road Repair and

ITEM NO. 9

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES

DIRECTOR
SUBJECT: APPROVE THE PURCHASE OF A 2023 FORD PRO SERIES

LIGHTNING CREW CAB PICKUP TRUCK TO KEN GRODY FORD
OF REDLANDS AND AUTHORIZE THE SALE OF UNIT 208, A 2015

FORD FLEX FOR THE PUBLIC WORKS & UTILITY SERVICES
DEPARTMENT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the purchase a new 2023 Ford F150 Pro Series Lightning Crew Cab all Electric Pickup Truck for the amount of $75,665.04 for the Public Works and Utility Services Department from Ken Grody Ford of Redlands.

2. Authorize the sale of Unit 208, a 2015 Ford Flex in the amount of $15,500 to Ken Grody Ford of Redlands.

BACKGROUND

The California Air Resources Board has drafted Advanced Clean Fleet (ACF) Regulations which in summary will require State and local government fleets, including city, county, dis trict, and State agency fleets, to ensure 50 percent of vehicle purchases are zero -emission beginning in 2024 and 100 percent of vehicle purchases are zero-emission by 2027.

The City has begun purchasing all electric and plug in Electric Fleet Vehicles a s the vehicles become available. Currently Ken Grody Ford of Redlands is the only dealer in the area with an available Ford all Electric Lightning truck on hand.

9 Packet Pg. 188
Staff Report to the Mayor and City Council
Purchase - Ken Grody Ford
May 16, 2023

Page 2 ends

ISSUES/ANALYSIS

In accordance with Colton Municipal Code Section 3.08.120, Water Operations staff utilized the informal bidding procedure to request proposals from the following vendors for a New 2023 Ford F150 Pro Series Lightning truck. The City received the following cost proposals:

Vendor Vehicle
Year
Vehicle Cost Trade-in Value
Unit 208
Award Base
Ken Grody Ford of Redlands 2023 $75,665.04 $15,500.00 $60,165.04 Raceway Ford in Riverside 2022 $72,762.50 $12,500.00 $60,262.50 Fairview Ford in San
Bernardino
N/A Not Available N/A N/A
Sunrise Ford in Fontana N/A Not Available N/A N/A

Ken Grody Ford of Redlands is the only dealer in the area with new 2023 model year vehicles available for sale. Raceway Ford currently has a 2022 F150 Pro Series Lightning that was part of the courtesy vehicle fleet. Th at unit has 8,393 miles on it and it c omes with a standard range battery. The vehicle at Ken Grody Ford is a new 2023 vehicle and comes with the extended range battery, which is a $12,500 upgrade. Staff is recommending purchasing the new vehicle from Ken Grody Ford of Redlands.

In accordance with City of Colton Municipal Code 3.08.150, Surplus supplies and equipment, the Purchasing Officer shall have the authority to sell as surplus all supplies, materials, and equipment which cannot be used by an agency or which have become unsuitable for Ci ty use or to exchange the same for, or trade in the same on, new supplies, Materials and equipment. The sale of surplus supplies and equipment shall be made pursuant to rules prescribed by the City Manager, and only after authorization from City Council as to any items of an estimated value of ten thousand dollars or more. Unit 208 is a 2015 Ford Flex that was purchased by the City in December 2014 at a total cost of $ 32,959.68. This vehicle is currently utilized by the Water/Wastewater Utilities Superintendent and has approximately 38,000 miles. This vehicle is not an efficient or effective vehicle for the Superintendent. Staff has requested appraisals from two vendors. The follow appraisals have been received.

Based on the information provided and Kelly Blue Book appraisal of unit 208, s taff is recommending the sale of unit 208 to Ken Gordy Ford of Redlands for the amount of $15,500.

FISCAL IMPACTS

Sufficient appropriations are available in the FY 2022 -23 approved budget, in Water Fund Operations Division, Automobile Account Number 521 -8100-8101-4910-0000-000 for the purchase of this Ford F150 Pro Series Lightning all Electric Pickup Truck. Unit 208 is fully depreciated, so the net trade -in value of the vehicle will be recognized as a gain on the dis posal of assets in Water Utility Account Number 521-7803-000. 9 Packet Pg. 189
Staff Report to the Mayor and City Council
Purchase - Ken Grody Ford
May 16, 2023

Page 3 ends

ALTERNATIVES

1. Provide alternative direction to staff

ATTACHMENT

1. Quote R230395_City of Colton - Ken Gordy Ford

2. Email - Fairview Ford

3. Raceway Ford 2022 Ford Lightning Pro

4. Sunrise Ford_City of Colton - Request for Qoute

5. Appraisal Voucher FBA08083

6. KBB 2015 Ford Flex Unit 208
9 Packet Pg. 190
4/20/2023
Colton Public Works
160 S 10th Street
Colton, CA 92324
Approved By: Prepared By:

Date: Date:
(949) 769-1234
Color Year Model Vin #
[email protected]
Quote #R230395
Invoice Date: Ken Grody Ford Redlands
Company: 1121 W. Colton Avenue
Redlands, CA 92374
GPC Proposal
2023 F150 Pro Series Lightning Crew Cab
Pickup Truck
1FT6W1EV3PWG11263
Fin Code Customer
Oxford White
QC930
Lienholder
City of Colton Public Works
none
Register to: Bill to:

Colton Public Works Colton Public Works
160 S 10th Street 160 S 10th Street
Colton, CA 92324 Colton, CA 92324
1st Lien holder: Driver & Garage Address:

None 160 S 10th Street
Colton, CA 92324
$8.75
Sales Tax $6,087.29

VEHICLE BUY
Vehicle MSRP $69,669.00
($100.00)GPC Concession
One Pay Amount $75,665.04
Tire Fee Term 1
Phillip Ernst
April 20, 2023
Total Funding Amount $75,665.04

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Packet Pg. 191
Attachment: Quote R230395_City of Colton - Ken Gordy Ford (4060 : Purchase - Ken Grody Ford) From: Todd Eff
To: Bassam Alzammar
Subject: RE: 2023 F-150 4x4
Date: Wednesday, April 26, 2023 1:57:28 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Bassam,

That is an ordered unit waiting for delivery. Should not have been listed in our inventory.

Todd Eff
Commercial Fleet Director
Fairview/Fairway Ford
PO Box 1390/292 N. G St.

San Bernardino, CA 92402
Direct (909)386-0281
Fax (909)386-0292
[email protected]

From: Bassam Alzammar <[email protected]>
Sent: Wednesday, April 26, 2023 1:13 PM
To: Todd Eff <[email protected]>
Subject: RE: 2023 F-150 4x4

Todd,

I found this truck on your website. Is this something that is available?

Vin #
1FT6W1EV4PWG11109

Thank you,

Bassam Alzammar
Water/Wastewater Utilities Superintendent
909-370-6101 – Office
909-953-5038 - Cell

From: Todd Eff <[email protected]>
Sent: Tuesday, April 25, 2023 2:28 PM
To: Bassam Alzammar <[email protected]>
Subject: 2023 F-150 4x4

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Packet Pg. 192
Attachment: Email - Fairview Ford (4060 : Purchase - Ken Grody Ford)

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Bassam,

I currently have these 2 in stock.

Thanks,

Todd Eff
Commercial Fleet Director
Fairview/Fairway Ford
PO Box 1390/292 N. G St.

San Bernardino, CA 92402
Direct (909)386-0281
Fax (909)386-0292
[email protected]

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Packet Pg. 193
Attachment: Email - Fairview Ford (4060 : Purchase - Ken Grody Ford)

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Packet Pg. 194
Attachment: Raceway Ford 2022 Ford Lightning Pro (4060 : Purchase - Ken Grody Ford)

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Attachment: Raceway Ford 2022 Ford Lightning Pro (4060 : Purchase - Ken Grody Ford)

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Attachment: Raceway Ford 2022 Ford Lightning Pro (4060 : Purchase - Ken Grody Ford)

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Attachment: Raceway Ford 2022 Ford Lightning Pro (4060 : Purchase - Ken Grody Ford) From: Matt Charland
To: Bassam Alzammar
Subject: Re: External Sender:City of Colton - Request for Qoute Date: Wednesday, April 26, 2023 5:06:09 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Lightnings are real tough right now, but i'll do some searching for sure.

Thanks Matt..

On Apr 26, 2023, at 4:28 PM, Bassam Alzammar <[email protected]> wrote:

Matt,

I am looking for a 2023 Ford Lightning Pro truck. White in color with either ext. range or std range battery. Do you have anything in stock or on order that you can quote me?

Thank you,

Bassam Alzammar
Water/Wastewater Utilities Superintendent
160 S. 10
th Street
Colton, CA 92324
909-370-6101 – Office
909-953-5038 - Cell

<image001.png>
Matt Charland Sunrise Ford Fleet Manager
(951)-288-2451 Cell Phone
[email protected]
[email protected]
www.sunrisefleetsales.com

FORD MASTER COMMERCIAL ACCOUNT MANAGER
19 YEAR ASE MASTER TECHNICIAN
ASE L1 CERTIFICATION
19 YEAR FORD ONLY TECHNICIAN

9.d
Packet Pg. 198
Attachment: Sunrise Ford_City of Colton - Request for Qoute (4060 : Purchase - Ken Grody Ford) 19 YEAR FORD SENIOR MASTER TECHNICIAN,
NOT YOUR AVERAGE SALES PERSON, NOT YOUR AVERAGE SALES EXPERIENCE.

9.d
Packet Pg. 199
Attachment: Sunrise Ford_City of Colton - Request for Qoute (4060 : Purchase - Ken Grody Ford)

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Packet Pg. 200
Attachment: Appraisal Voucher FBA08083 (4060 : Purchase - Ken Grody Ford)

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Packet Pg. 201
Attachment: Appraisal Voucher FBA08083 (4060 : Purchase - Ken Grody Ford)

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Packet Pg. 202
Attachment: KBB 2015 Ford Flex Unit 208 (4060 : Purchase - Ken Grody Ford)

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Packet Pg. 203
Attachment: KBB 2015 Ford Flex Unit 208 (4060 : Purchase - Ken Grody Ford)

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Packet Pg. 204
Attachment: KBB 2015 Ford Flex Unit 208 (4060 : Purchase - Ken Grody Ford)

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Attachment: KBB 2015 Ford Flex Unit 208 (4060 : Purchase - Ken Grody Ford)

ITEM NO. 10

STAFF REPORT

DATE: MAY 16, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING AND READ BY TITLE ONLY, TO

APPROVE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COLTON, AMENDING SECTION 10.04.109 OF THE COLTON

MUNICIPAL CODE TO INCLUDE TRUCK WEIGHT LIMIT SIGNS
ON VARIOUS CITY STREETS, ORDINANCE NO. O-04-23.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

It is recommended that the City Council Waive full reading, and Approve Second Reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING SECTION 10.04.109 OF THE COLTON MUNICIPAL

CODE TO INCLUDE TRUCK WEIGHT LIMIT SIGNS ON VARI OUS CITY STREETS.

ATTACHMENT

1. Exhibit A

2. Ordinance No. O-04-23
10 Packet Pg. 206
Exhibit “A”

Truck Weight Limit (3 Tons) Dual Traffic Signs

(R5-2)

10.a
Packet Pg. 207
Attachment: Exhibit A (4068 : Second Reading of Ordinance No. O-04-23)

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3 4

5 6

7 8

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ORDINANCE NO. O-04-23

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF C OLTON AMENDING SECTION 10.04.109 OF THE COLTON MUNICIPAL CODE TO

INCLUDE TRUCK WEIGHT LIMIT SIGNS ON VARIOUS CITY STREETS

WHEREAS, the City Council of the City of Colton (“City”) desires to improve the safety of the streets and traffic circulation within City jurisdiction; and

WHEREAS, the California Vehicle Code (“CVC”) requires that the legislative body of any county or city may by ordinance permit the operation and moving of ve hicles and loads upon highways under their respective jurisdictions of a maximum gross weight in excess of the maximum gross weight of vehicles and loads specified in this code; and

WHEREAS, the California Manual on Uniform Traffic Control Devices (“MUTCD”), the No Trucks (R-5) signs is used together with a Truck Exclusion plaque (R20D(CA) Series); and

WHEREAS, on the March 08, 2023 meeting, the City Traffic Safety Committee reviewed and recommended for approval a list of locations/street intersections where truck weight limit signs could be installed; and

NOW, THEREFORE BE IT RESOLVED , DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:

Section 1 Section 10.04.109 of the Colton Municipal Code is hereby amended to add subsection (c) as follows:

Chapter 10.04 – UNIFORM TRAFFIC ORDINANCE

10.04.109 - Section 12.4 of Article XII amended–Commercial Vehicles prohibited from using certain Streets.

Article XII, Section 12.4 of the Uniform Traffic Ordinance is amended to read as follows:

Section 12.4 Commercial Vehicles prohibited from using certain Streets.

(a)…
(b)…
(c) Establishing valid posted combination of R5-2 and R20D-1(CA) signs on the following street intersections:

1. Johnston Avenue at Pennsylvania Avenue, facing westbound traffic

2. Citrus Street at Pennsylvania Avenue, facing westbound traffic

3. Laurel Street at Pennsylvania Avenue, facing westbound traffic

4. Olive Street at Pennsylvania Avenue, facing westbound traffic

5. Johnston Avenue at Rancho Avenue, facing eastbound traffic

6. Citrus Street at Rancho Avenue, facing eastbound traffic

7. Laurel Street at Rancho Avenue, facing eastbound traffic

8. Olive Street at Rancho Avenue, facing eastbound traffic

9. Hert Street at Rancho Avenue, facing westbound traffic

10.b
Packet Pg. 208
Attachment: Ordinance No. O-04-23 (4068 : Second Reading of Ordinance No. O-04-23)

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27 28

10. Fifth (5th) Street at Fogg Street, facing northbound traffic

11. Agua Mansa Road at Rancho Avenue, facing eastbound traffic

12. Fairview Avenue at Colton Avenue, facing northwest traffic

13. Rancho Avenue at Mill Street, facing southbound traffic

14. Rancho Avenue at Valley Boulevard, facing northbound traffic

SECTION 2: If any provisions of this Ordinance or application thereof to any person or circumstances is held invalid, this invalidity shall not af fect other applications of this Ordinance which can be given effect w ithout the invalid provision or applications, and to this end, the provisions of this Ordinance are declared to be severable. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity.

SECTION 3: The City Clerk shall certify to the passage of this Ordinance and cause same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation, printed and published in Colton, California and the Ordinance shall take effect thirty (30) days after its enactment in accordance with the provisions of California law.

PASSED, APPROVED AND ADOPTED THIS 16th DAY OF May 2023.

____________________________
FRANK J. NAVARRO
Mayor

ATTEST:

_____________________________
STEPHANIE M. VARGAS
Deputy City Clerk

10.b
Packet Pg. 209
Attachment: Ordinance No. O-04-23 (4068 : Second Reading of Ordinance No. O-04-23)

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