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, SEPTEMBER 5, 2023 – 6:00 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 Sess ion 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 - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
Krystal Cass vs. City of Colton; Justin Dobiesz
San Bernardino Superior Court, Case No. CIVSB2220351
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City of Colton vs. Inland Memorial Cremational & Burial Society, Inc.
San Bernardino Superior Court, Case No. CIVSB2300169
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 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
Proclamation - California Native American Day
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)
3 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
Appointment - Utilities Commission - Victor H. Villarreal - D2
MAYOR AND COUNCIL DISCUSSION ITEMS
Discussion - Term Limits/Appointed Clerk & Treasurer - Discussion and Possible Direction to Staff Pertaining to Ballot Measures to Consider Term Limits for City Councilmembers and Conversion of City Clerk & City Treasurer to Appointed Positions.
[Staff Person: Bill Smith]
PUBLIC HEARINGS
There are no Public Hearings.
BUSINESS ITEMS
There are no Business Items.
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your 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.
(1) Minutes - Approval of Minutes for the City Council Regular Meeting Held on August 15, 2023, on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
4 (2) Warrants - Approve US Bank voucher dated 07/20/2023 and totaling $39,523.59; voucher numbers 206993 to 207109 dated 0727/2023 and totaling $2,176,858.69; voucher numbers 207110 to 207192 dated 07/29/2023 and totaling $78,264.51; voucher numbers 207193 to 207303 dated 08/03/2023 and totaling $8,417,221.33; voucher numbers 207304 to 207369 dated 08/07/2023 and totaling $424,486.03; voucher numbers 207370 to 207460 dated 08/10/2023 and totaling $1,471,175.36 and a payroll disbursement listing dated 05/27/2023 to 06/09/2023 and totaling $913,604.76; a payroll disbursement listing dated 06/10/2023 to 06/23/2023 and totaling $908,988.44 and a payroll disbursement listing dated 06/24/2023 to 07/07/2023 and totaling $1,426,657.67.
[Staff Person: Stacey Dabbs]
(3) Additional Funding - Early Care & Education Program - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding, RESOLUTION NO. R-75-23. [Staff Person: Deb Farrar]
(4) Agreement - Blais & Associates - Approve a Professional Services Agreement with Blais & Associates to Provide Grant Writing Services for the Strategic Growth Council Community Resilience Centers Program and Approve and Adopt Resolution R-82-2023 authorizing the submission of the application for grant funds for the Community Resilience Centers Program, RESOLUTION NO. R-82-2023. [Staff Person: Brian Dickinson]
(5) Agreement - CONFIRE - Approve Independent Contractor Agreement Between CONFIRE and City of Colton, RESOLUTION NO. R-77-23.
[Staff Person: Tim McHargue]
(6) Budget Amendment - CR&R Disposal Services - Approve and Adopt a Resolution to Amend the FY 22-23 Budget for CR&R Residential Disposal Services, RESOLUTION NO. R-83-23. [Staff Person: Brian Dickinson]
(7) Contract Award - Resource Environmental Inc. - Award Contract to Resource Environmental Inc. for Demolition of Rialto Concrete Tank.
[Staff Person: Brian Dickinson]
(8) Notice of Completion - Downtown Paseo Improvement Project - Approve Notice of Completion (NOC) for the City of Colton’s Downtown Paseo Improvement Project with Three Peaks Corp. [Staff Person: Brian Dickinson]
(9) Notice of Completion - F Street Transmission Line - Approve Notice of Completion for the F Street 16" Water Transmission Line.
[Staff Person: Brian Dickinson]
(10) Second Reading of Ordinance No. O-10-23 - Waive Full Reading, Read by Title Only, and Approve Second Reading of An Ordinance of the City Council of the City of Colton Amending Title 18, Section 18.48.150 of the Colton Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Adoption of the Ordinance to be Statutorily Exempt From CEQA Under Public Resources Code § 21080.17 (File Index No. DAP-001-810), ORDINANCE NO. O-10-23. [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
5 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954.2, at the following locations:
City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>
PROCEDURES FOR ADDRESSING CITY COUNCIL
For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wi sh 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 presidi ng officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
RULES OF DECORUM
To help conduct the business of the City Council in an orderly fashion, the City Council has adopted rules pertaini ng 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 ru les 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 que stioned without first obtaining permission from the Presiding Officer. The City Council asks that all persons - including councilmembers, staff and the public - act and speak respectfully.
NOTICE TO PUBLIC
Staff reports or other written documentation r elating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City of Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.
All matters listed under the Consent Calendar are considered by the City Council to be routine and will all be enacted by one motion. There will be no separate discussion of these items prior to the time the City Council votes on the motion, unless councilmembers, staff or the public request that specific items be discussed and/or removed for separate discussions or action.
6 In compliance with the American with Disabilities Act, if you need special as sistance 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.
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION TO STAFF PERTAINING
TO BALLOT MEASURES TO CONSIDER TERM LIMITS FOR CITY
COUNCILMEMBERS AND CONVERSION OF CITY CLERK & CITY
TREASURER TO APPOINTED POSITIONS.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
ATTACHMENT
1. Staff Report - City Council Term Limits Discussion and Overview
2. Staff Report - Transition City Clerk-City Treasurer to Appointed Positions Packet Pg. 7
ITEM NO. ___________
STAFF REPORT
DATE: September 5, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BILL SMITH, CITY MANAGER
WILLIAM J. PRIEST, DEPUTY CITY ATTORNEY
SUBJECT: MAYORAL/CITY COUNCIL TERM LIMITS
LEGAL OVERVIEW AND POLICY OPTIONS
RECOMMENDED ACTION
That the City Council consider the information provided herein regarding Mayoral and City Council term limits and provide direction to staff.
BACKGROUND
At its May 17, 2022 meeting, the City Council received staff’s report and discussed the possible enactment of term limits on Mayoral and City Council service in the City of Colton. No direction was provided at that time. Staff is bringing this matter back to the Council seeking direction as to possible placement of a term limits measure on either a March or November, 2024 Municipal Election ballot. This report provides an overview of the law as well as possible policy options for enacting term limits in the City of Colton. If direction is given to move forward with a proposal, the City Attorney’s Office will prepare the appropriate term limits ordinance /measure as well as the election resolutions for the Council to place the ordinance/measure on the ballot.
ISSUES/ANALYSIS
California Government Code section 36502(b) authorizes a general law city to limit the number of terms an elected Mayor and /or City Council members may serve. Th is State law outlines two principal rules:
▪ A local term limits measure must be “prospective” . It may only apply to new Mayoral/Council terms that were voted upon at the same election as the measure, or terms voted upon at a later election. For example, a term limits measure approved in 2024 would only apply to new terms elected on November 5, 2024, then in November, 2026, 2028, etc. However, it could not apply to terms elected at prior elections (November, 2020, 2022) . That would make the measure impermissibly “retroactive” rather than “prospective”.
a
Packet Pg. 8
Attachment: Staff Report - City Council Term Limits Discussion and Overview (4170 : Discussion - Term Limits/Appointed Clerk & Treasurer) ▪ A local term limits measure requires voter approval. It must be submitted to Colton voters at a “regularly scheduled election” and obtain majority voter approval. Under case law, a “regularly scheduled election” means (i) a statewide primary election, (ii) a statewide general election or (iii) a general municipal election. The next Statewide Primary Election will be held on March 5, 2024. The next Statewide General Election will be held on November 5, 2024, which also coincides with the City’s next General Municipal Election. Colton would therefore have these two potential dates in 2024 upon which to place a term limits measure on the ballot.
Because term limits measures require majority voter approval, the State Elections Code for local measures applies. Such a measure may be placed on the ballot by either a citizens’ initiative petition, signed by least 10% of the City’s registered voters, or by City Council majority action to call the election. The legal deadline for the Council to place a local measure on the ballot is 88 days prior to the election. (Elections Code §9222) For a March 5, 2024 election, the deadline is December 8, 2023. For a November 5, 2024 election, the deadline is August 9, 2024. Once placed on the ballot, the City Attorney will prepare an i mpartial analysis of the measure and interested persons may submit written arguments for or against the measure, to be included in the voter information guide as provided by State Elections Code.
Beyond these two principal rules , how a term limits meas ure is ultimately written is left to local policy. There are a number of policy factors to consider:
Length of Term Limits?
California cities typically set either a two - or three-term limit. While one-term and four -term limits are legally permissible, they are exceedingly rare in California.
Lifetime or Consecutive Term Limits?
A lifetime term limit is precisely that. When the elected official reaches the applicable term limit, he or she may no longer serve in that elected office for the remainder of his or her life.
However, in the case of a consecutive term limit, when the elected official reaches the applicable term limit, he or she must step down from the office for a period of time. During this “cooling off” period, the person may not be elected or appointed to serve in that office. State law does not set a specific “cooling off” period. That said, t his is typically set by local agencies at either two or four years. After the “cooling off” period expires, the person may again run for that elected office (or be appointed to such office) for additional consecutive terms as allowed under the term limits measure.
Because Colton elects its Council members by electoral districts, a 2 -year “cooling off” period would, for all practical purposes, have the effect of a 4-year period for outgoing Councilmembers.
This is because a Council seat in any particular district is typically contested only every four years.
However, if one were to move to another district, or if the Council seat from one’s own district should be vacated mid-term, a person could serve once again on the Council if at least 2 years (but less than 4 years) have passed since leaving the Council.
a
Packet Pg. 9
Attachment: Staff Report - City Council Term Limits Discussion and Overview (4170 : Discussion - Term Limits/Appointed Clerk & Treasurer) Likewise, a 2-year “cooling off” period for Mayor would, for all practical purposes, have the effect of a 4-year period for an outgoing Mayor because the Office of Mayor is typically only contested every four years. However, if the Mayor’s seat should be vacated mid-term, a person could serve once again on the Council if at least 2 years (but less than 4 years) have passed since leaving the Council.
Separate Term Limits for Mayor and Council or Combined Term Limits for Both Offices?:
State law allows a term limits measure to set different limits for the elected Mayor and City Councilmembers. It also allows a single term limit to cover both offices combined. Therefore, a term limits measure could conceivably:
▪ Place a two-term lifetime limit on Mayoral and Council service, combined (for a total of eight years of lifetime elected service, regardless of which office);
▪ Place separate two-term lifetime limits on Mayoral and Council service (for a total of sixteen years of lifetime elected service between both offices);
▪ Place a separate two-term lifetime limit on Mayoral service and a three-term lifetime limit on Council service
(for a total of twenty years of lifetime elected service between both offices);
▪ Place a two consecutive term limit on Mayoral and Council service, combined (for a total of eight years of consecutive elected service, regardless of which office);
These are just examples. With two- versus three-term limits, and lifetime versus consecutive limits, other variations on this theme are possible.
How to Count Partial Terms?:
Another issue concerns how to handle partial terms - when someone is specially elected or appointed to fill a Mayoral/Council vacancy for less than the full four-year term. Some measures count partial Mayoral/Council terms against the applicable term limit, while others do not.
Further, among those measures that count partial terms, virtually all of them are lifetime term limits measures. Partial terms are rarely counted against a consecutive term limit.
There are three potential policy options seen among term limits measures:
▪ Partial terms do not count against the applicable term limit. However, where a person has already served the maximum number of full terms, he or she may not be elected or appointed to fill a partial term, either for life or until the applicable “cooling off” period has expired, depending upon the type of measure.
▪ Partial terms of any length do count against the applicable term limit. In this scenario, even if a person served only one year of a four-year term, that would count as if it were a full term.
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Packet Pg. 10
Attachment: Staff Report - City Council Term Limits Discussion and Overview (4170 : Discussion - Term Limits/Appointed Clerk & Treasurer) ▪ A hybrid model where partial terms may count under certain circumstance s, such as resignation. In this scenario, a partial term would count against the applicable term limit if, as of the effective date of the resignation, there are two (2) years or less remaining in the current term.
This is intended to allow resignations in the first h alf of a term due to illness or other unforeseen circumstances without any “penalty”. However, it would disincentivize “second-half resignations” which are more likely to be intended to circumvent t he effect of th e term limits measure. A different time frame could be established in a local term limits measure (e.g., a partial term counts only if there is 1 year or less remaining in the current term).
Another issue involves how to treat a term that has been shortened due to recall election, conviction of a crime or other forced removal from elected office. Most term limits measures are silent on this issue. However, some provide that these terms will count against the applicable limit to avoid any appearance of “rewarding” an elected official for being removed from office.
In summary, the wording of a term limits measure is largely left to local policy, subject of course to it applying “prospectively” and securing majority voter approval. In the case o f a Council - sponsored measure, the City Council , in consultation with the City Attorney, would ultimately propose the final language to present to Colton voters at either a March 5, 2024 or N ovember 5, 2024 Municipal election. The legal deadlines to place such a measure on the ballot are December 8, 2023 and August 9, 2024, respectively.
FISCAL IMPACTS
None at this time. However, if a term limits measure were placed on the ballot, there would be an expense to the City to have the San Bernardino County Registrar of Voters conduct the election.
While staff has no official numbers at this time, as a general rule, placing a ballot measure on the November General Election will be less expensive than placing it on the March Primary Election. a
Packet Pg. 11
Attachment: Staff Report - City Council Term Limits Discussion and Overview (4170 : Discussion - Term Limits/Appointed Clerk & Treasurer)
ITEM NO.
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BEST BEST & KRIEGER, LLP
SUBJECT: POTENTIAL BALLOT MEASURE TO TRANSITION THE CITY
CLERK AND/OR CITY TREASURER POSITION(S) FROM ELECTED
TO APPOINTED
RECOMMENDATION
Consider whether to place a ballot measure(s) before the voters to make the City Clerk and/or City Treasurer position(s) appointed.
BACKGROUND
State law requires each city to have a City Clerk and City Treasurer, either elected or appointed.
The office s of City Clerk and City Treasurer are currently elected position s in Colton.
Government Code Section 36508 provides that the City Council may submit ballot measures to the voters asking whether the off ice of City Clerk and/or City Treasurer shall be appointive. If approved by a majority of the voters voting on the measure, the City Council shall appoint a City Clerk and/or City Treasurer at the expiration of the terms of the incumbent officer (i.e., in December 2024) or when the position become s vacant, whichever occurs first. Government Code Section 36510 allows the City Council the option to adopt an ordinance to vest appointment authority with the City Manager.
The Government Code requires that an e lected City Clerk or City Treasurer be at least 18 years old, be a registered voter in the city, and reside in the city. (Gov. Code, § 36502.) The Government Code does not set eligibility requirements for an appointed City Clerk or City Treasurer. (Gov. Code, § 36510.).
The City Clerk position currently remains vacant following the death of incumbent City Clerk Carolina Padilla. Aurelio W. De La Torre serves as City Treasurer. The current terms for City b
Packet Pg. 12
Attachment: Staff Report - Transition City Clerk-City Treasurer to Appointed Positions (4170 : Discussion - Term Limits/Appointed Clerk &
Clerk and City Treasurer expire in 2024.
ISSUES/ANALYSIS
Elections Code Section 9222 authorizes the City Council “. . . to submit to the voters, without a petition therefor, a proposition for the repeal, amendment, or enactment of any ordinance, to be voted upon at any succeeding regular or special cit y election. . . “ There are two options for timing and format of a ballot measure to transition the position of City Clerk from elected to appointed.
Option 1: November 5, 2024 General Municipal Election
The first option is to place the measure on t he November 5, 2024 General Municipal Election ballot, which is the City’s only “regular” election held every two years . This election would coincide with the end of the term of the current elected City Clerk (currently vacant) and City Treasurer. The ch allenge with this approach is that the City will still have to treat the City Clerk’s and Treasurer’s Office as elected for the November 5, 2024 Election, which means that the City would be holding a candidate election for t hese Offices. Therefore, i f Council chooses to add a measure to the November 5, 2024 ballot, two questions relating to the office will have to appear on the ballot:
Question 1: "Shall the office of City Clerk (or City Treasurer) be appointive?" There would then be an option to Vote "Yes" or "No.".
Question 2: "If the office of City Clerk (City Treasurer) remains elected, who should serve as City Clerk (or City Treasurer)?" A list of candidates and a write-in opportunity would follow.
The above two questions would be the same for th e City Treasurer. The impartial analysis that will be prepared by the City Attorney would state that, if a majority of voters voting on the measure favor making the office appointive (Question 1), then the winning candidate would not be sworn in or serve (Question 2) , because their office would have been eliminated by the express terms of the transition measure. The City's legal counsel ha s indicated that it is unclear at this time whether this sequencing of the transition measure and the candidacies would be vulnerable to a legal challenge, but, given that it has been used in a prior State -wide gubernatorial recall election, the City Attorney's Office believes that careful structuring of the ballot could significantly reduce this exposure. Nevertheless, this may result in voter confusion and candidate frustration because there is the potential that candidates running for City Clerk’s or City Treasurer’s Office in 2024 may end up winning nothing if either of these offices become appointed.
Option 2: March 5, 2024 Special Municipal Election
The second option available to Council is to place the measure(s) on the ballot for a Special Municipal Election to coincide with the March 5, 2024 Presidential Primary Election. With this option, there would be no need to add Question 2 because this election will not coincide with the end of the term of the current elected City Clerk or City Treasurer. In other words, the City will b
Packet Pg. 13
Attachment: Staff Report - Transition City Clerk-City Treasurer to Appointed Positions (4170 : Discussion - Term Limits/Appointed Clerk &
have the voters’ decision well in time to address it in the November 5, 2024 Genera l Municipal Election. If either measure were to fail and the City Clerk or City Treasurer remains an elected office, there will be adequate time to add the election for candidates running for a new City Clerk or City Treasurer term to the November 5, 20 24 General Municipal Election ballot. If the measure(s) were to pass, one or both Offices would become appointed and no election for City Clerk (or City Treasurer) would be held on November 5, 2024. In the event the current City Clerk vacancy remains, a pproval of a ballot measure in March would also permit the appointment of a qualified candidate sooner, as opposed to waiting until the November, 2024 General Municipal Election results. The appointment of a City Treasurer must wait until the end of the current incumbent’s term, or the creation of a vacancy by some other means.
The final date to place a measure on the November 5, 2024 General Municipal Election is August 9, 2024. The final date to place a measure on the March 5, 2024 Presidential Primary Election is December 7, 2023. Should the Council desire to place measure s making the City Clerk and/or City Treasurer position appointive, the City Attorney’s office recommends adopting the Resolution placing the measure on the ballot approximately one m onth before the final deadline, allowing ample time for the notification to the Registrar of Voters and the submission of ballot arguments.
FISCAL IMPACTS
The exact cost to place a measure on either the March 5, 2024 Presidential Primary Election or November 5, 2024 General Municipal Election ballots ballot is not available from the San Bernardino County Registrar of Voters Office until closer to the election dates. However, based upon previous elections in jurisdictions with comparable numbers of regis tered voters, it is estimated the cost to place a measure on the March 5, 2024 Presidential Primary Election is approximately $100,000 - $140,000. The cost to place a measure on the November 5, 2024 General Municipal Election ballot is estimated to be the same.
b
Packet Pg. 14
Attachment: Staff Report - Transition City Clerk-City Treasurer to Appointed Positions (4170 : Discussion - Term Limits/Appointed Clerk &
ITEM NO. 1
STAFF REPORT
DATE: SEPTEMBER 5, 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 AUGUST 15, 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 August 15, 2023.
BACKGROUND
Minutes for the City Council Regular Meeting held on August 15, 2023.
FISCAL IMPACTS
None
ATTACHMENT
1. 08-15-2023- Draft Minutes
1 Packet Pg. 15
August 15, 2023 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
August 15, 2023
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Deputy City Clerk Stephanie Vargas
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, MPT William Priest, 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
Recognition – Employee Appreciation Ceremony
City Manager Smith and Mayor Navarro acknowledged and recognized the following City of Colton employees for their continued service to the city. Each employee was presented with a commemoration pin celebrating the number of years they have served.
35 Years
Martin Oliva—Wastewater Treatment Plant Op II
Lisa Villa—Payroll Technician II
30 Years
John Ahearn—Senior Water Quality Technician
20 Years
Monica Diaz—Community Service Officer
Eva Elias—Administrative Manager
Elroy Hudgins—Maintenance Worker II
Ray Mendez—Police Lieutenant
Victor Ortiz—Assistant Dir of PW & Engineering
Roberta Valencia—Police Corporal
Robert Wilson—Police Sergeant
1.a
Packet Pg. 16
Attachment: 08-15-2023- Draft Minutes (4191 : Draft Minutes 8-15-23) August 15, 2023 Regular City Council Meeting 2 -
15 Years
Michael Aldrich—Community Service Officer
Justin Clifton—Senior Substation Electrician
Steve Gonzales—Power Line Technician
Edward Pedroza—Library Manager
Jason Penunuri—Substation Superintendent
Adrianne Rogers—Senior Energy Services Spec
10 Years
Jesus Guzman—Consumer Service Rep II
Yvonne Guzman-Gonzalez—Administrative Asst.
Ty Hutchison—Fire Captain
Justin Lodarski—Fire Engineer
Michael Loya—Fire Engineer
Sandy Martinez—Police Services Clerk II
Aaron Mulhall—Fire Captain
Brandon Norris—Accountant
Jessica Sutorus—Environment & Conserv. Super
Shaun Tarcon—Fire Captain
Eric Wickman—Police Corporal
5 Years
Joey Armendarez—Fire Captain
Anthony Elisarraraz—Police Officer
Jay Gomez—Police Officer
Maximo Gonzalez—Maintenance Worker II
Regina Hawkins—Senior Human Resources Analyst
James Herrera—Maintenance Worker II
Brian Jipp—Police Officer
Mark Mendoza—Maintenance Worker II
Daniel Muro—Police Officer
Romondale Reynolds—Sr Substation Electrician
Doroteo Rubalcaba—Maintenance Worker II
Michael Sandoval—Police Corporal
Stephanie Vargas—Deputy City Clerk
Jonathan Villalobos—Police Officer
Brandon Vosen—Sr Substation Electrician
Recognition -2023 VolunTEENs
CM González and Heidi Struts, Recreation Services Manager, presented recognition certificates to the VolunTEEN Volunteers on behalf of the Mayor and the City Council:
Alexis Aguirre -151hours
Emiliano Castaneda -150 hours
Alyssa Duke -150.50 hours
Lucas Duran -150.25 hours
Ariel Fernandez -151.75 hours
Yenisel Fernandez -150 hours
Imanie Grimble -152.50 hours
Melanie Hermann -151.25 hours
David Malijan -152.50 hours
Rayne McKay -154.50 hours
Caitlyn Morris -151.50 hours
Isaac Perez -154 hours
Xiomara Soto -152.25 hours
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Attachment: 08-15-2023- Draft Minutes (4191 : Draft Minutes 8-15-23) August 15, 2023 Regular City Council Meeting 3 -
Recognition - Outgoing Miss Colton Pageant Royal Court
CM Echevarria presented c ertificates of r ecognition on behalf of the Mayor and City Council to the outgoing Miss Colton Pageant Royal Court:
Teen Princess - Mariah Perez
Teen Princess - Brooke Carlson
Teen Miss Colton - Lesley Yanez
Miss Princess - Maggie Calderilla
Miss Princess - Lexi Saragosa
Miss Colton - Chantelle Martin
MAYOR AND COUNCIL ITEMS
POSSIBLE CONFLICT OF INT EREST DISCLOSURES FOR THE COUNCIL MEETING OF AUGUST 15, 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 attended at the expense of the City. (GC Section 53232.3(d). None disclosed.
APPOINTMENTS
Appointment – Utilities Commission – D2 – Henry Michael Razo CM Chastain submitted the name of Henry Michael Razo for appointment to the District 2 Utilities Commission Vacancy. CM Chastain also submitted a letter of recommendation from Assembly Member Eloise Gomez Reyes and a petition signed by 91 residents supporting the appointment of Henry Michael Razo.
No Consensus reached. Objections raised by MPT Toro, CM González, CM Echevarria, and Mayor Navarro.
MAYOR AND COUNCIL DISCUSSION ITEMS
None
PUBLIC HEARINGS
(1) ADU Zoning Text Amendment - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO INTRODUCE BY TITLE ONLY ORDINANCE NO. O-10-23, AN ORDINANCE OF THE CTY COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF
THE COLTON MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND
JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE
ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810), ORDINANCE NO. O-10-23.
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Attachment: 08-15-2023- Draft Minutes (4191 : Draft Minutes 8-15-23) August 15, 2023 Regular City Council Meeting 4 -
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
Mark Tomich, Director of Development Services, 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/ MPT Toro to close the public hearing.
Vote: Unanimous
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Mark Tomich, Director of Development Services and Mario Suarez, Planning Manager.
Motion and Second by MPT Toro/ CM Echevarria to Introduce by title and waive full reading of Ordinance No. O-10-23 to amend Title 18, section 18.48.150 of the Colton municipal Code.
Vote: Motion Passes, Unanimous.
(2) Public Hearing - Weed Abatement Statement of Expenses - TIME AND PLACE FIXED TO
CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT A RESOLUTION ADOPTING A REPORT AND STATEMENT OF EXPENSES FOR THE CITY’S WEED ABATEMENT PROGRAM
AND IMPOSING A LIEN UPON PROPERTY FOR PAYMENT THEREOF, RESOLUTION NO R- 81-23.
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
Ray Bruno , Fire Marshal , 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.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by staff:
Ray Bruno, Fire Marshal
Motion and Second by CM González/ CM Chastain to approve and adopt Resolution No. R-81-23.
Vote: Unanimous.
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Attachment: 08-15-2023- Draft Minutes (4191 : Draft Minutes 8-15-23) August 15, 2023 Regular City Council Meeting 5 -
BUSINESS ITEMS
(3) Solid Waste Annual CPI Rate Increase - Receive a Report on the Annual Consumer Price Index (CPI) Increase to Solid Waste Rates, in Accordance with the Agreement with CR&R Incorporated, for City Solid Waste Services.
Staff Presentation
Brian Dickinson, Director of Public Works and Utility Services, p resented for Council consideration an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
The following community member addressed the Council: Rosa Dominguez.
Staff Presentation
In order to provide further clarification, Alex Braicovich, Sr. Regional Vice President for CR&R, gave a presentation to the City Council.
Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by City Manager Bill Smith and CR&R representative Alex Braicovich.
PUBLIC COMMENT
The following community members addressed the Council: Frank Acosta and Judith Segura Mora, Bern ardo Ortega, John Longfield, Amanda Nicole Dumaguindin, Mark Garcia, Christine Irish Re, Lisa Villa, John Stylianides.
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 11.
Motion and Second by CM González/ MPT Toro to approve consent calendar.
Vote: Unanimous
(4) Minutes 08-1-2023 - Approval of Minutes for the City Council Regular Meeting Held on August 1, 2023, on file in the Office of the City Clerk.
(5) City Treasurer's Report - Receive and File City Treasurer's Report for May 2023.
(6) Warrants - Approve replacement check number 206704 for $24,665.00; voucher numbers 206705 to 206793 dated 07/06/2023 and totaling $748,005.57; voucher numbers 206794 to 206868 dated 07/13/2023 and totaling $394,616.51; replacement check numbers 206869 to 206872 dated 07/12/2023 and totaling $11,942.96; voucher numbers 206873 to 206992 dated 07/20/2023 427,186.57 and a payroll disbursement listing dated 05/27/2023 to 06/09/2023 and totaling $913,604.76.
(7) Contract Award - Babcock Laboratories, Inc. - Approve Professional Services Agreement with Babcock Laboratories, Inc. to Provide Wastewater Laboratory Sampling and Analysis Services for a Five (5) Year Term in an Amount Not-to-Exceed $655,000.
(8) Contract Amendment - Yunex LLC - Approve First Amendment to the Maintenance Services Agreement with Yunex LLC. for Traffic Signal Maintenance for FY 2023.
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Attachment: 08-15-2023- Draft Minutes (4191 : Draft Minutes 8-15-23) August 15, 2023 Regular City Council Meeting 6 -
(9) Parking Restriction Modifications - 1641 N. 8th Street - Authorize Conversion from “No Parking Zone” to “Limited Parking Zone” in front of 1641 N. 8th Street, RESOLUTION NO. R-80-23.
(10) Purchase - Fire Department Radios - Authorize the Purchase of Motorola Radios for a New Ladder Truck.
(11) Contract Award - Northstar Chemical - Approve a Maintenance Services Agreement with Northstar Chemical DBA Pacific Star Chemical to Provide Sodium Hypochlorite to Water and Wastewater for Five (5) Term in an Amount Not-To-Exceed $1,005,000.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
City Manager Smith had no comments.
ADJOURNMENT
At 8:33p.m.. Mayor Navarro adjourned the Regular Council Meeting in Memorium for; longtime Colton Resident Bob Globa k who recently passed away , the Maui fire victims, and for Assistant Fire Chief Josh Bischof, Fire Captain Tim Rodriguez and Helicopter Pilot Tony Sousa who all perished on August 6, 2023 while fighting a fire in Cabazon, CA. The Mayor and City Council observed a moment of silence in their honor.
_________________________________
Stephanie M. Vargas
Deputy City Clerk
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Attachment: 08-15-2023- Draft Minutes (4191 : Draft Minutes 8-15-23)
ITEM NO. 2
STAFF REPORT
DATE: SEPTEMBER 5, 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 07/20/2023 AND
TOTALING $39,523.59; VOUCHER NUMBERS 206993 TO 207109
DATED 0727/2023 AND TOTALING $2,176,858.69; VOUCHER
NUMBERS 207110 TO 207192 DATED 07/29/2023 AND TOTALING
$78,264.51; VOUCHER NUMBERS 207193 TO 207303 DATED
08/03/2023 AND TOTALING $8,417,221.33; VOUCHER NUMBERS
207304 TO 207369 DATED 08/07/2023 AND TOTALING $424,486.03; VOUCHER NUMBERS 207370 TO 207460 DATED 08/10/2023 AND
TOTALING $1,471,175.36 AND A PAYROLL DISBURSEMENT
LISTING DATED 05/27/2023 TO 06/09/2023 AND TOTALING
$913,604.76; A PAYROLL DISBURSEMENT LISTING DATED
06/10/2023 TO 06/23/2023 AND TOTALING $908,988.44 AND A PAYROLL DISBURSEMENT LISTING DATED 06/24/2023 TO
07/07/2023 AND TOTALING $1,426,657.67.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 07/20/2023 and totaling $39,523.59; voucher numbers 206993 to 207109 dated 0727/2023 and totaling $2,176,858.69; voucher numbers 207110 to 207192 dated 07/29/2023 and totaling $78,264.51; voucher numbers 207193 to 207303 dated 08/03/2023 and totaling $8,417,221.33; voucher numbers 207304 to 207369 dated 08/07/2023 and totaling $424,486.03; voucher numbers 207370 to 207460 dated 08/10/2023 and totaling $1,471,175.36; a payroll disbursement listing dated 06/10/2023 to 06/23/2023 and totaling $908,988.44 and a payroll disbursement listing dated 06/24/2023 to 07/07/2023 and totaling $1,426,657.67.
BACKGROUND
2 Packet Pg. 22
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
September 5, 2023
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Voucher lists.continued
4. Payroll Registers
2 Packet Pg. 23
City of Colton
Fund Number and Title Legend
Fund Title Fund Title
100 GENERAL FUND 701 LLMD #2
150 TREASURERS ACCOUNT GROUP 702 LLMD #1
206 COMMUN ITY CHILD CARE 703 CFO 87-1 DEBT SERV ICE
209 DSF FLY CONSERVATION 704 CFO 87-1 CONSTRUCT ION
210 SPECIAL GAS TAX 707 CFO 88-1 DEBT SERV ICE
211 LIBRARY GRANT FUND 708 CFO 88-1 CONSTRUCTION
212 STATE TRAFFIC RELIEF FUND 709 DSF FLY CONSERVATION
213 S.Y.E.T .P. GRANT 722 STORM WATER
214 POLLUT ION REDUCT ION FUND 733 CFO 89-1 CONSTRUCT ION 215 COMMUNITY DEV ACT FUND 734 CFO 89-2 CONSTRUCT ION
216 CDBG HOUS ING REHAB FUND 744 CFO 89-1 DEBT SERV ICE 217 DRUG/GANG INTERVENTION 745 CFO 89-2 DEBT SERV ICE
218 MEASURE I FUND 750 AQUA MANSA CFO
219 STATE AID- CAPITAL PROJECTS 754 SB COUNTY HOSPITAL
220 Vi Tep 762 TRUST AND AGENCY
225 MISC GRANTS 766 DEFERRED COMPENSAT ION
240 HOST CITY FEES - CIP 781 CFO 90-1 DEBT SERVICE
247 Quimby In Lieu Fees 782 CFO 90-1 CONSTRUCT ION
248 PARK DEVELOPMENT FUND 850 Redeve lopment Obligation Retirement Fund 249 TRAFF IC IMPACT FUND 851 Successor Agency Administration 250 NEW FAC ILITIES DEVELOPMENT FEE 855 Hous ing Auth - RM PARK DEVELOPMENT 251 CIVIC CENTER DEVELOPMENT FEE 856 Housing Auth - RANCHO MED BOND PROCEEDS 252 FIRE FAC ILITY DEVELOPMENT FEE 857 LMI Asset Fund
253 POLICE FACILITY DEVELOPMENT FEE 864 Housing Auth - LOW/MOD BOND PROCEEDS 261 ASSET FORFEITURE 865 Housing Auth - RANCHO MED CHFA 326 AD 94-1 DEBT SERVICE 866 ECONOM IC DEVELOPMENT
332 1971 SEWER BONDS, A & C 867 Consolidation Proj_08 -09 350 PFA Debt Fund 870 Housing Auth - RM PARK OPERAT IONS 357 POB-Non Enterprise 871 Successor Agcy-RANCHO/M ILL PROJECT AREA 358 PENS ION OBLIGATION DEBT SERV ICE 872 Succe ssor Agcy-RANCHO/MILL DEBT SERV ICE 359 CORP YARD DEBT SERV ICE 873 Successor Agcy-RDA II PROJECT FUND 363 1978-2 ASSESSMENT DIST . 874 Housing Auth - LOW/MOD DEBT SERV ICE 364 WATER IMPRVMNT DIST A 875 Housing Auth - LOW/MOD BOND PROCEEDS 379 AD 1979-1 DEBT SERV ICE 876 Successor Agcy-SANTA ANA RIV BND PROCEED 427 AD 94-1 CONSTRUCT ION 877 Successor Agcy-SANTA ANA RIVER CIP 450 Capita l Improvement Project s 878 RDA FIXED ASSETS GROUP 451 Colton Crossing Fund 879 Successor Agcy-WEST VALLEY CIP 453 STREET IMPROVEMENTS PRGM 881 Successor Agcy-MT VERNON BOND PROCEEDS 457 CAP ITAL IMPROVEMENT 882 Successo r Agcy-MT VERNON CIP 469 EQU IPMENT REPLACEMENT 885 Successor Agcy -MT VERNON DEBT SERV ICE 520 ELECTR IC UTILITY 886 RDA ADM INISTRAT ION
521 WATER UTILITY 887 COOLEY RANCH - now 894
522 WAS TEWATER UTILITY 888 MT VERNON - now 882
523 SOLID WASTE 889 WEST VALLEY - now 879
524 CEMETERY 890 Successor Agcy-RDA - LONG TERM DEBT GRP 525 RECYCLING 891 Successo r Agcy-RDA I DEBT SERV ICE FUND 526 PUBLIC BENEFIT FUND 892 Successor Agcy-RDA I - CAP ITAL PROJECTS 527 WASTEWATER UTILITY - GRAND TERRACE 893 Successor Agcy -RDA II DEBT SERV ICE FUND 551 WATER DEVELOPMENT 894 Successor Agcy -COOLEY RANCH PRO JECT 552 SEWER DEVELOPMENT 895 Successor Agcy-COOLEY RANCH DEBT SERV 560 CEMETARY ENDOWMENT CARE 896 SANTA ANA RIVER - now 877 605 Facility & Equipment Maintenance Fund 897 Successor Agcy-SANTA ANA RIVER DEBT SVC 606 INFORMATION SERV ICES FUND 898 Housing Auth - LOW/MOD CAPITAL PROJECTS 607 INSURANCE FUND 899 Successor Agcy-WEST VALLEY PRJ - DBT SV 608 AUTOMOT IVE SHOP 941 GENERAL LONG -TERM DEBT
610 AUTOMOT IVE SHOPS 958 GENERAL FIXED ASSETS
990 GASB 34
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ITEM NO. 3
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION ACCEPTING THE EARLY
CARE AND EDUCATION DIVISION ADDITIONAL FUNDING,
RESOLUTION NO. R-75-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Adopt Resolution R -75-23 for Early Care and Education Division Additional Funding and Employee Retention Payments.
BACKGROUND
The City of Colton, Early Care and Education Di vision has two main components, the School Age Program (SAP) and the State Preschool Program (SPP). The SAP is funded by the CA Dept. of Social Services (CDSS) and SPP is funded by the California Department of Education (CDE).
The SAP is for children in grades K thru 6 th grade, using the CDSS Contract to provide services for before, after, and all-day care on CJUSD closure days. The SPP is for younger children, ages 3 to 5 years old. The SPP operates 180 days a year, part -time, with the desired result of preparing young children for elementary school, both in the classroom and the playground. As Executive Director of the Program, the City Manager is the designated authority to sign t he State contract.
ISSUES/ANALYSIS
During Fiscal Year (FY) 202 3-2023, through Assembly Bill 185 and Assembly Bill 179 and the American Recovery Plan Act (ARPA) Stabilization Funds, CDE and CDSS has awarded every contracted Agency additional funding. These Stabilization Funds have been distributed as direct payments, outside of the child development contract.
3 Packet Pg. 169
Staff Report to the Mayor and City Council
Additional Funding - Early Care & Education Program
September 5, 2023
The ECE Division has received three separate checks in the amounts of $16,990, $21,354, and $73,542 for a total received of $111,886. CDE and C DSS Funded Agencies must use ARPA Stabilization funds for one or more of the following purposes below:
Personnel costs, benefits, premium pay, or recruitment and retention, Rent or mortgage payments, utilities, facilities maintenance and improvements, or insurance,
Training and professional development related to health and safety practices, Purchases of or updates to equipment and supplies to respond to COVID-19, Goods and services necessary to maintain or resume childcare services, Mental health supports for children and employees.
The current CDE and CDSS Contracts have enough funds to cover all the above purposes, except Capital/Facility improvements and premium pay/retention costs. City staff recommend a plan to use the majority of the funds, approximately 80% on Capital/Facility improvements, and the rest, approximately 20% on premium/retention pay.
For the Capit al/Facility Improvement, ECE intends to use the funds for two projects. Project One will be the purchase and installation of a large 30’ x 30’ shade structure at Paul J. Rogers Child Development Center. Currently , both the outside play area and play structure have zero shade. This facility houses a State Preschool Program (CSPP) with 24 children, 180 days a year.
Thus, making the outdoor environment more conducive and comfortable is a priority.
Project Two is creating a cement tricycle circle at Cooley Ranch State Preschool (CRSP). CRSP also house a CSPP and has 48 preschoolers daily, 180 days a year. Currently, the outdoor area has a very large grassy area with portable play equipment, but no area to ride tricycles or scooters. Creating an outdoor environment that stimulates encourages physical play is a priority chosen by staff and parents.
In regards to the premium pay/retention, data shows the field of “childcare” is one of the lowest paid work forces of all work force industries. While the ECE Division and staff do much more than basic childcare , are more educationally qualified, and require Professional Development they are in cluded into the “childcare” field as ECE is not in the K -12 system. With the rise of the Minimum Wage the work force of ECE now has numerous options that pay an equivalent wage, thus granting any premium pay assists in retention purposes.
FISCAL IMPACTS
Adoption of Resolution R -75-23 amends the Fiscal Year 202 3-24 adopted budget to increase revenues and appropriations in the Child Care Fund to accept the award in the following accounts:
3 Packet Pg. 170
Staff Report to the Mayor and City Council
Additional Funding - Early Care & Education Program
September 5, 2023
Increase revenues in Child Care Fund Revenue Account Number 206 -5719-000 by $111,886.
Increase appropriations in Child Care Fund Salaries – Part-time Expenditure Account Number 206-7200-7208-1040-0000-000 by $22,377.20.
Increase appropriations in Child Care Fund Building Account Number 206 -7200-7208- 4950-0000-000 by $89,508.80.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. R-75-23 Early Care and Education Additional Funding
2. Staff Retention Schedule
3 Packet Pg. 171
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RESOLUTION NO. R-75-23
A RESOLUTION OF THE CITY COUNCIL ALLOWING THE RECEIPT OF FUNDS TO THE EARLY
CARE AND EDUCATION DIVISION OF THE COMMUNITY SERVICES DEPARTMENT VIA THE
CALIFORNIA DEPARMENT OF SOCIAL SERVICES AND THE CALIFORNIA DEPARMENT OF EDUCATION, AB185 AND AB179, AND THUS ADDITIONAL ARPA FUNDS
WHEREAS, the City of Colton, Early Childhood Education (ECE) Division of the Community Services Department (CSD) holds one (1 ) California Department of Education (CDE) Contract, and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency.
WHEREAS CDSS, with Assembly Bill 185 and AB179, is authorized to award another round of American Recovery Plan Act (ARPA) to every CDSS Funded Program in the State of California.
WHEREAS CDE, with Assembly Bill 185, is authorized to award another round of American Recovery Plan Act (ARPA) to every CDE Funded Program in the State of California.
WHEREAS, the ECE Division has received three separate checks in the amounts of $16,990, $21,354, and $73,542 for a total received of $111,886.
WHEREAS, CDE and CDSS Funded Agencies must use ARPA Stabilization funds for one or more of the following purposes below:
Personnel costs, benefits, premium pay, or recruitment and retention Rent or mortgage payments, utilities, facilities maintenance and improvements, or insurance
Training and professional development related to health and safety practices Purchases of or updates to equipment and supplies to respond to COVID-19 Goods and services necessary to maintain or resume childcare services Mental health supports for children and employees.
WHEREAS, the current CDE and CDSS Contract s have enough funds to cover all of the aforementioned purposes, except capital/facility improvements and premium pay/retention costs.
WHEREAS, City Staff recommends a plan to use approximately 80% on capital/facility improvements and 20% on premium/retention pay for ECE Staff
WHEREAS, For the capital/facility Improvement, ECE intends to use the funds for two projects. Project One will be the purchase and installation of a large 30’ x 30’ shade structure at Paul J. Rogers Child Dev elopment Center. Project Two is creating a cement trike circle at Cooley Ranch State Preschool (CRSP).
WHEREAS, For the premium pay/retention, data shows the field of “childcare” is one of the lowest paid work forces of all work force industri es. While the ECE Division and staff do much more than basic childcare, are more educationally qualified, and require Professional Development we are lumped into the “childcare” field as ECE is not in the K -12 system. With
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the rise of the Minimum Wage th e work force of ECE now has numerous options that pay an equivalent wage, thus granting any premium pay assist in retention purposes.
WHEREAS, City Staff created a tired system for a one -time payment, based on FT and PT status, CA Commission on Teaching Credentialing Permit level, and hours worked during the pandemic.
NOW, THEREFORE, the City Council of the City of Colton does hereby resolve as follows:
Section 1: The staff report accompanying this resolution is found to be true, adopted as findings, and incorporated into this resolution.
Section 2: City approves the receipt of ARPA funds through CDSS AB 185 and AB 179 and CDE AB 185 funds.
Section 3: Authorizes payment to City Employees within the noted positions and listed within Exhibit A, Staff Retention Schedule, by the second pay period in October.
Section 4: Amend the Fiscal Year 2023-2024 budget as follows:
Increase Revenues in Child Care Fund Account Number 206-5719-000 by $111,886
Increase Appropriations in Child Care Part Time Salaries Account Number 206-7200-7208-1040-0000-000 by $22,377.20
Child Care Fund Building Account Number 206 -7200-7208-4950- 0000-000 by $89,508.80.
PASSED, APPROVED AND ADOPTED this 5th day of September 2023.
________________________________________
FRANK J, NAVARRO, Mayor
ATTEST:
STEPHANIE M. VARGAS, Deputy City Clerk
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Attachment: R-75-23 Early Care and Education Additional Funding (4179 : Additional Funding - Early Care & Education Program) Name Permit Level Hours Worked FT or PT Amount
KA Associate Teacher 1400 PT $1,200
RE Sr. Site Supervisor 1600 FT $2,000
RE Jr. Aide 1900 PT $800
MG Teacher 1600 PT $1,700
NH Teacher 1300 PT $1,600
VM Teacher 900 PT $1,500
VN Aide 1000 PT $600
AP Associate Teacher 1400 PT $1,200
SQ Site Supervisor 1800 PT $2,000
LR Aide 1900 PT $800
ER Site Supervisor 1800 FT $2,000
BS Program Director 1500 FT $2,500
DS Teacher 1700 PT $1,800
AS Aide 800 PT $500
PV Aide 1200 PT $600
$20,800
500
1000
1500
2000
2500
$0
$100
$200
$300
EXHIBIT A
STAFF RETENTION SCHEDULE
Permit Level
1 to 999
1,000 to 1,300
1400 to 1,600
1700 or more
Aide
Assoc Teacher
Teacher
Site Supervisor
Program Director
Hrs. worked addition: PT Only
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Attachment: Staff Retention Schedule (4179 : Additional Funding - Early Care & Education Program)
ITEM NO. 4
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH
BLAIS & ASSOCIATES TO PROVIDE GRANT WRITING SERVICES
FOR THE STRATEGIC GROWTH COUNCIL COMMUNITY
RESILIENCE CENTERS PROGRAM AND APPROVE AND ADOPT
RESOLUTION R-82-2023 AUTHORIZING THE SUBMISSION OF
THE APPLICATION FOR GRANT FUNDS FOR THE COMMUNITY
RESILIENCE CENTERS PROGRAM, RESOLUTION NO. R-82-2023.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the professional services agreement for Blais and Associates to provide grant - writing services to apply for the Strategic Growth Council (SGC) Community Resilience Centers (CRC) Program , waiving the formal bidding process in accordance with Colton Municipal Code 3.08.140(e), and;
2. Approve Resolution R -82-2023 authorizing the submission of the application for grant funds for the Community Resilience Centers Program from the California Strategic Growth Council and authorizing the execution of application related documents by the City Manager or his designee, and;
BACKGROUND
The City of Colton currently has a contrac t with Blais and Associates for grant writing services out of the City Manager's Office. The current proposal for grant writing services to apply for the Strategic Growth Council (SGC) Community Resilience Centers (CRC) program is $ 26,156, 4 Packet Pg. 175
Staff Report to the Mayor and City Council
Agreement - Blais & Associates
September 5, 2023
which when combined with other City Departments, could potentially exceed the City Manager's $50,000 limit when combined with the existing contract.
Blais and Associates has been successful in writing several grants for the City , including a recent grant award from the Department of Toxic Substance Control for over $200,000. Due to their success and familiarity with the City of Colton, waiving the competitive bidding process is staff’s recommendation.
ISSUES/ANALYSIS
Recent and ongoing climate events and public health emergencies impact every part of California and highlight resilience opportunities for planning, preparation, and adaptation. Such impacts encompass shorter-term events like earthquakes, extreme heat, floods, mudslides, power outages and disruptions, storms, and wildfires, in addition to longer -term events like the science projections anticipate. In the face of these challenges building and strengthening resilience requires investments in both physical and social infrastructure.
SGC developed a grant o pportunity for California Cities to advance the State ’s key policy priorities through four (4) main categories: investment programs, collaborative policy initiatives, integrated policy and planning, and capacity building and technical assistance.
SGC CRC program will fund planning, development, constructio n, and upgrades of neighborhood–level Community Resilience . Since Colton has been working on the preconstruction of a zero net energy resiliency building in South Colton at 160 S. 10 th Street, staff recommends applying for round one for the maximum $10 million.
FISCAL IMPACTS
Sufficient appropriations for the grant writing services are available in the FY2024 adopted budget in Electric Utility Environmental Sustainability & Conservation Professional Services Account Number 520-8000-8005-2350-0923-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. 8-15-2023_Resolution R-82-2023
4 Packet Pg. 176
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-1-
RESOLUTION NO. R-82-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR GRANT
FUNDS FOR THE COMMUNITY RESILIENCE CENTERS PROGRAM
FROM THE CALIFORNIA STRATEGIC GROWTH COUNCIL AND
AUTHORIZING THE EXECUTION OF APPLICATION -RELATED
DOCUMENTS BY THE CITY MANAGER OR HIS DESIGNEE
WHEREAS, the City of Colton (“City”) proposes to implement the Colton Zero Net Energy Resilience Center Project; and
WHEREAS, the City of Colton has the legal authority and is authorized to enter into a funding agreement with the State of California and the California Strategic Growth Council; and
WHEREAS, the City of Colton has the legal authority and is authorized to enter into a funding agreement with the State of California and the California Strategic Growth Council; and
WHEREAS, the City of Colton intends to apply for Project Implementation grant funding from the California Strategic Growth Council’s Community Resilience Centers (CRC) Program for the Colton City Service Zero Net Energy Resilience Center Project;
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF COLTON, AS FOLLOWS:
SECTION 1. That the City of Colton City Manager or designee is hereby authorized and directed to prepare and file an application for funding with the California Strategic Growth Council, and take such other actions as necessary or appropriate to obtain grant funding.
SECTION 2. The City of Colton City Manager or designee is hereby authorized and directed to execute the funding agreement with the California Strategic Growth Council and any amendments thereto.
SECTION 3. The City of Colton City Manager or designee is hereby authorized and directed to submit any required documents, invoices, and reports required to obtain grant funding.
PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF AUGUST 2023.
__________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
STEPHANIE VARGAS
Deputy City Clerk
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Attachment: 8-15-2023_Resolution R-82-2023 (4184 : Agreement - Blais & Associates)
ITEM NO. 5
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: APPROVE INDEPENDENT CONTRACTOR AGREEMENT
BETWEEN CONFIRE AND CITY OF COLTON, RESOLUTION NO.
R-77-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve and authorize the City Manager to execute the Independent Contractor Agreement Between CONFIRE and City of Colton;
2. Approve Resolution R-77-23 amending the FY2023 -24 adopted budget to appropriate $270,000 and increase revenues by $235,093; and,
3. Amend the City of Colton’s Authorized Position List to add a fourth Battalion Chief from September 5, 2023 to June 30, 2024.
BACKGROUND
The City of Colton is a founding member of CONFIRE JPA and is represented on the CONFIRE Board of Directors (BOD) by Council Member Echevarria. CONFIRE has an Administrative Committee (Admin Committee) that reports to the BOD; Fire Chief McHargue represents Colton Fire on the Admin Committee.
CONFIRE dispatches more than 200,000 calls per year. Similar dispatch centers to CONFIRE will embed a Chief Officer in the center to provide command decision making prior to and after arrival of fire engines to various eme rgencies. Dispatch Centers with a Chief Officer embedded are referred to as Emergency Command Centers (ECC). During the budget process for FY 2023- 24, the BOD approved funding for a Chief Officer to be assigned to the Dispatch Center, creating 5 Packet Pg. 178
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Agreement - CONFIRE
September 5, 2023
an ECC for a one-year period. For the first year of funding, CONFIRE will fill the position with a Chief Officer from a member agency of CONFIRE. During the budget process for FY 2024- 25, CONFIRE will consider filling the ECC Chief position with a new CONFIRE employee.
During the Admin Committee meeting in May 2023, all CONFIRE agencies were polled to see if a Chief Officer could be provided on contract to CONFIRE for FY 2023-24. Colton was the only agency that had the ability to provide a Chief Officer as an ECC Chief. Presently, Chino Valley Fire is providing a Nurse Educator and Interim Director to CONFIRE on contract. In the past, Redlands has provided a Fire Captain temporarily assigned to CONFIRE for special projects.
Colton Fire is in an unusual situat ion due to the deferment of retirement of two Battalion Chiefs (BC). There are currently three Captains who have passed the BC recruitment and are currently on an active promotional list. If Council approves providing a BC to CONFIRE as an ECC Chief, ame nds the Authorized Position List to add an additional Battalion Chief position and amends the FY2023 -24 budget to increase appropriations for salary impacts to cover that position, then a Captain on the promotional list can move up to Acting BC for the bal ance of FY24 to cover behind the BC sent to CONFIRE. The placement of an Acting BC will provide an opportunity for training and succession planning upon the anticipated retirement of two BCs in June 2024. The additional BC position would be eliminated on June 30, 2024 at the end of the proposed Agreement with CONFIRE.
ISSUES/ANALYSIS
BC Henry Perez would be assigned to CONFIRE as an ECC Chief, remain on a 56 -hour work schedule, and report to CONFIRE in Rialto during the entire term of this proposed con tract. The Director of CONFIRE will be the direct s upervisor of BC Perez during his tenure; the Fire Chief will remain BC Perez’s supervisor in Colton. If there is a need for BC Perez to report back to Colton, CONFIRE will release BC Perez as needed and the monthly invoice to CONFIRE will be adjusted. The Director of CONFIRE will coordinate the schedule of BC Perez , as his new ECC schedule will deviate from his current shift pattern in Colton; however, he will still work 56-hours per week as he does curr ently. His current leave accrual rates, Fair Labor Standards Act (FLSA) pay, Holiday Pay, and other negotiated pay and benefits will not change due to his new 56-hour shift pattern at CONFIRE. BC Perez will have the flexibility to report to work at the ECC during predictable and unpredictable high call -volume times such as during wildfires, earthquakes, riots, mass casualty events, and other regional events. If there is a need for BC Perez to work more than 56 -hours in a week, it will require approval by the Fire Chief of Colton prior to working.
During the term of this Agreement, the City of Colton will retain the exposure and liability for Workers’ Compensation, sick leave, holiday leave, vacation leave, FLSA pay, medical cafeteria payments, and accrued leave for BC Perez, as he will remain a City of Colton employee.
5 Packet Pg. 179
Staff Report to the Mayor and City Council
Agreement - CONFIRE
September 5, 2023
FISCAL IMPACTS
The City of Colton Administrative Policy and the Colton Firefighter’s Memorandum of Understanding (MOU) mandates that in order to provide acting pay the work assumed must b e that of a budgeted position performed in the absence of the regular incumbent. The annual fully burdened cost of a BC is $270,000.
Approval of this Agenda Report will authorize the City Manager to execute the Independent Contractor Agreement between CO NFIRE and City of Colton to provide BC Perez as the ECC Chief at CONFIRE, approve Resolution R -77-23 to amend the adopted FY2023 -24 budget increasing revenue in General Fund CONFIRE Contractor Agreement Revenue Account Number 100-5794-000 by $235,093 and i ncreasing appropriations in General Fund Fire Operations Salaries-Miscellaneous Account Number 100 -6090-6091-1010-0000-000 by $270,000 to fund the cost of a n additional BC position. It should be noted that all other employment costs to provide a BC to CON FIRE will remain with the City of Colton. CONFIRE will not pay for Workers’ Compensation, sick leave, holiday leave, vacation leave, FLSA pay, medical cafeteria payments, and accrued leave.
Fire will invoice CONFIRE monthly during the term of this Contract.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. CONFIRE Colton Agreement for XBO ECC Chiefv1-c1 (003)
2. RESOLUTION R-77-23 ECC Chief
3. FY23-24 Authorized position list_20230905
5 Packet Pg. 180
1 25522.01000\40191009.3
INDEPENDENT CONTRACTOR AGREEMENT BETWEEN CONFIRE AND CITY OF COLTON
This agreement (“Agreement”) is by and between the Consolidated Fire Agencies (“CONFIRE”), a California joint powers authority existing pursuant to Gov. Code, § 6500 et seq., and Colton Fire Department (“Contractor”), a fire department duly authorized and existing under Health & Safety Code §13800, et seq. (together, they are referred to as “Parties,” and individually, as a “Party”).
RECITALS
1. CONFIRE is authorized by Section 53060 of the California Government Code to contract with and employ any persons to furnish special services and advice in financial, economic, accounting, engineering, legal or administrative matters, if those persons are specially trained and experienced and competent to perform the special services that are required.
2. CONFIRE is in need of such services and advice and the Contractor warrants that it is specially trained, licensed and experienced and competent to perform the services required by CONFIRE.
3. CONFIRE wishes to engage Contractor to provide the services described herein, on a limited term basis due to an unforeseen need, using Contractor’s existing employee.
AGREEMENT
1. EXHIBITS
This Agreement has multiple Exhibits. Any Exhibit that is specified in this Agreement is by this reference made a part of it.
Exhibits include:
Exhibit A: Scope of Services
Exhibit B: Payment
Exhibit C: General Terms and Conditions
Exhibit D: Insurance
Exhibit E: Business Associate Agreement
2. EFFECTIVE DATE AND TERM
a. This Agreement is effective on the date immediately following approval by the CONFIRE Administrative Committee approval and approval by the Consultant’s designated representative (“Effective Date”).
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b. Unless terminated or otherwise cancelled in accordance with a provision of this Agreement, the term of this Agreement shall be: (i) from the Effective Date to (ii) 06/30/2024 (“Initial Term”).
c. This Agreement may be extended for an additional six months until 12/31/2024 with CONFIRE Administrative Committee approval and approval by the Contractor’s designated representative.
3. INDEPENDENT CONTRACTOR
Contractor, in the performance of this Agreement, is and shall act as an independent contractor. Contractor understands and agrees that Contractor and all of Contractor’s employees shall not be considered officers, employees, agents, partner, or joint venture of CONFIRE, and are not entitled to benefits of any kind or nature normally provided employees of CONFIRE and/or to which CONFIRE’s employees are normally entitled, including, but not limited to, disability or unemployment insurance, workers’ compensation insurance, medical insurance, sick leave, vacation leave, or any other employment benefit. State Unemployment Compensation or Worker’s Compensation.
Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor’s employees.
4. SCOPE OF SERVICES
Contractor shall furnish to CONFIRE the services described in Exhibit A (“Services”).
Services shall be provided by Henry Perez. Substitution by Contractor of another of its employees to provide Services will only occur with the concurrence of CONFIRE.
5. PAYMENT
Contractor shall receive payment, for Services satisfactorily re ndered pursuant to this Agreement, as specified in Exhibit B (“Payment”). In no event shall the total amount paid for the Services under this Agreement during the Initial Term of the Agreement exceed $230,210, without the written approval of the Parties in advance. Periodic payment shall be made within 15 days of a monthly invoice.
6. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions are set forth in Exhibit C.
7. INSURANCE
Exhibit D, entitled Insurance, is attached, and incorporated by reference.
8. HIPAA BUSINESS ASSOCIATE AGREEMENT
The "Business Associate Agreement" is set forth in Exhibit E.
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9. NOTICE
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Any notice required by this Agreement may be given either by personal service or by deposit (postage prepaid) in the U.S. mail addressed as follows:
To CONFIRE:
Consolidated Fire Agencies
Attn: Nathan Cooke, Interim Director
1743 Miro Way
Rialto, CA 92376
To Contractor:
City of Colton
Attn: Bill Smith, City Manager
650 N. La Cadena
Colton, CA 92324
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10. LIMITATION OF LIABILITY
Other than as provided in this Agreement, CONFIRE’s financial obligations under this Agreement shall be limited to the payment provided for in this Agreement.
Notwithstanding any other provision of this Agreement, in no event, shall CONFIRE be liable, rega rdless of whether any claim is based on contract or tort, for any special, consequential, indirect, or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement for the services performed in connection with this Agreement.
The Parties have executed this Agreement on the dates indicated below.
CONSOLIDATED FIRE AGENCIES
Date: , 20
CITY OF COLTON
Date: , 20
By:
Print Name: Nathan Cooke
Its: Interim Director
By:
Print Name: Bill Smith
Its: City Manager
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EXHIBIT A
to AGREEMENT FOR SERVICES
SCOPE OF SERVICES
Contractor to provide services using its existing employee related to the following actions items and deliverables:
CONFIRE recognizes the need for chief officers to be embedded into the dispatch center(s) to provide additional operational oversight of dispatch staff and equipment, which will in-turn assist with additional firefighter safety, provide increased resource availability, allocation, and accountability, leading to the increased protection of life, property, environment, and critical infrastructure of CONFIRE agency jurisdictions.
As a result of this need, CONFIRE has established the Emergency Command Center (ECC) Chief position. The ECC Chief position has been broken up into two jurisdictional roles; San Bernardino County Fire (BDC) ECC Chief and the XBO ECC Chief, which covers all other jurisdictions in CONFIRE, other than BDC.
The ECC Chiefs have been granted operational authority and responsibility of the dispatch center(s), in conjunction with the CONFIRE Communications Manager, by the CONFIRE Administrative Committee. The XBO ECC Chief will serve as a peer with the BDC ECC Chief and will represent the XBO agencies. The XBO ECC Chief should spend much of his/her time on the “floor” of the Valley dispatch center to maintain a real-time situational awareness of the overall situation and status of XBO emergency incidents and resources. The XBO ECC Chief will also serve as a back-up ECC Chief for BDC in the event the BDC ECC Chief is overwhelmed or not available.
The XBO ECC Chief will report directly to the Communications Director or the Assistant Director and will serve as a peer to the Communications Manager and BDC ECC Chief. The XBO ECC Chief will have the authority to provide direction and orders to dispatch supervisors, dispatchers, call-takers, and or emergency communications nurses. The XBO ECC Chief will not have the authority to issue discipline to a CONFIRE employee and will work with the Communications Manager and or an Assistant Manager when an employee issue arises that may result in discipline, related to the operations of the dispatch center(s).
The XBO ECC Chief position is considered a manager level position at CONFIRE and will be expected to participate as an integral member of the Leadership Team. The XBO ECC Chief may also be assigned other duties not listed in this scope of service, as deemed necessary by the CONFIRE Director or designee. In the event the CONFIRE Director deems it necessary, he/she may return the current XBO ECC Chief to the Contracting Agency and no longer allow that person to serve as the ECC Chief.
The Communications Director or the Assistant Director of CONFIRE will coordinate the schedule of the current XBO ECC Chief as their new ECC schedule will deviate from their current shift pattern at their home agency; however, they will still work 56-hours per week or 112 hours per pay period. The XBO ECC Chief will have the flexibility to report to work at the ECC during predictable and unpredictable high call-volume times such as during wildfires, earthquakes, riots,
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mass casualty events, and other regional events. If there is a need for the XBO ECC Chief to work more than 112-hours in a pay period, approval by the Fire Chief or their designee of the of the XBO ECC Chief will be required. If the XBO ECC Chief works less than 112-hours per pay period then leave from vacation, holiday or sick will be used to offset the deficit. The XBO ECC Chief will coordinate vacation, holiday, and sick leave use from his/her duties with their supervisor at CONFIRE and home agency to assure leave banks accurately reflect leave usage each pay period.
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EXHIBIT B
to AGREEMENT FOR SERVICES
PAYMENT
A. Payment
Not to exceed the sum of $235,093 for the Initial Term through June 30, 2024.
B. Payment
a. Schedule
(1) To be billed in monthly installments
(2) The Contractor will invoice CONFIRE in the amount that reflects actual costs incurred to provide the service. Contractor shall provide applicable time sheets or other records used to develop the invoice available upon request.
(3) Billing will specifically exclude any time or costs associated with the Colton Fire employee if he were to be assigned to active fire incidents locally or as part of an Incident Management Team (IMT). b. Process
Payment shall be made within thirty (30) calendar days after the Contractor submits an invoice to CONFIRE for Services actually completed.
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EXHIBIT C
to AGREEMENT FOR SERVICES
GENERAL TERMS AND CONDITIONS
1. STANDARD OF CARE. Contractor’s Services
will be performed, findings obtained, reports and
recommendations prepared in accordance with
generally and currently accepted principles and
practices of his/her profession for services to
California public agencies.
2. ORIGINALITY OF SERVICES. Contractor
agrees that all technologies, formulae, procedures,
processes, methods, writings, ideas, dialogue,
compositions, recordings, teleplays and video
productions prepared for, written for, or submitted
to CONFIRE and/or used in connection with this
Agreement, shall be wholly original to Contractor
and shall not be copied in whole or in part from any
other source, ex cept those submitted to Contractor
by CONFIRE as a basis for such services.
3. PRODUCT. Contractor understands and agrees
that all matters produced under this Agreement shall
become the property of CONFIRE and cannot be
used without CONFIRE's express written
permission. CONFIRE shall have all right, title and
interest in said matters, including the right to secure and maintain the copyright, trademark and/or patent
of said matter in the name of CONFIRE. Contractor
consents to use of Contractor's name in conjunction
with the sale, use, performance and distribution of
the matters, for any purpose and in any medium.
4. TERMINATION.
a. Without Cause by CONFIRE or Contractor.
CONFIRE and Contractor may, at any time,
with or without reason, terminate this
Agreement a nd CONFIRE shall compensate
Contractor only for services satisfactorily
rendered to the date of termination. Written
notice by CONFIRE or Contractor shall be
sufficient to stop further performance of services
by Contractor. Notice shall be deemed given
when received by the Contractor or CONFIRE
or no later than three (3) days after the day of
mailing by the terminating party, whichever is
sooner.
b. With Cause by CONFIRE or Contractor .
CONFIRE or Contractor may terminate this
Agreement upon giving written noti ce of intent
to terminate for cause. Cause shall include:
(1) material violation of this Agreement by
either Party; or
(2) any act by Contractor or CONFIRE exposing
the other party to liability to others for
personal injury or property damage; or
(3) A party is adjudged bankrupt, makes a
general assignment for the benefit of
creditors, or a receiver is appointed on
account of party's insolvency.
Written notice by CONFIRE or Contractor shall
contain the reasons for such intent to terminate
and unless within three (3) calendar days after
that notice the condition or violation shall cease,
or satisfactory arrangements for the correction
thereof be made, this Agreement shall upon the
expiration of the three (3) calendar days cease
and terminate. In the event of this termination,
CONFIRE may secure the required services
from another Contractor and CONFIRE shall
compensate Contractor only for services
satisfactorily rendered to the date of termination.
The foregoing provisions are in addition to and
not a limitation of any other rights or remedies
available to CONFIRE.
5. INDEMNIFICATION/ DEFENSE /HOLD
HARMLESS.
a. Generally. To the furthest extent permitted by
California law, Contractor shall indemnify,
defend, and hold free and harmless the
Indemnified Parties from any Claim to the
extent that the Claim:
(1) arises out of, pertains to, or relates to the
negligent errors or omissions (active or
passive, ordinary or gross), recklessness
(ordinary or gross), or willful misconduct of
Contractor, its directors, officials, officers,
employees, contractors, subcontractors,
consultants, or subconsultants; or
(2) arises out of, pertains to, or relates to the
performance of this Agreement
b. Indemnified Parties, Defined. The
“Indemnified Parties ” are CONFIRE, its
officers, consultants, employees, and trustees.
c. Claim, Defined. A “Claim” consists of actions,
assessments, counts, citations, claims, costs,
damages, demands, judgments, liabilities (legal,
administrative or otherwise), losses, notices,
expenses, fines, penalties, proceedings,
responsibilities, violations, reasonable
attorney’s and consultants’ fees and causes of
action to property or persons, including personal
injury and/or death, except that:
(1) If the Contract is a contract for design
professional services under Civ. Code, §
2782.8, a “Claim” shall be limited to those
that arise out of, pertain to, or relate to the
negligence, recklessness, or willful
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misconduct of the Contractor; and
(2) If the Contract is a construction contract with
a public agency under Civ. Code, § 2782, a
“Claim” shall exclude any loss to the extent
that such loss arises from the active
negligence, sole negligence, or willful
misconduct of the Indemnified Parties or
defects in design furnished by those persons.
d. CONFIRE may accept or reject legal counsel
Contractor proposes to defend CONFIRE with,
in its sole and absolute discretion, and may
thereafter appoint, legal counsel to defend
CONFIRE at Contractor’s expense against a
Claim set forth in Section 5.a , supra, of this
Exhibit C.
6. INSURANCE. The Contractor shall procure and
maintain at all times it performs any portion of the
Services the insurances specified in Exhibit D to the
Agreement.
7. CONFIDENTIALITY. The Contractor and the
Contractor’s agents, personnel, employee(s), and/or
subcontractor(s) shall maintain the confidentiality
of all information received in the course of
performing the Services (“Confidential
Information”), and shall not disclose Confidential
Information, including information derived from
Confidential Information, to any person not a party
to this Agreement without the express prior written
consent of CONFIRE, except as required by law or
as necessary for Contractor’s agents, personnel,
employee(s), and/or subcontractor(s) to perform the
Services. If Contractor or any of Contractor’s
agents, personnel, employee(s), and/or
subcontractor(s) is served with any subpoena, court
order, or other legal process seeking disclosure of
any Confidential Information, both Contractor and
the person served shall each promptly send to
CONFIRE notice(s) of the legal process”, but in no
event shall do so any later than forty -eight (48)
hours or such shorter time frame as necessary so that
CONFIRE may exercise any applicable legal rights
and remedies. Contractor shall require its agents,
personnel, employee(s), and/or subcontractor(s), as
a condition of their retention, appointment,
employment, or contract, to agree to comply with
the provisions of this Section, and shall not permit
its agents, personnel, employee(s), and/or
subcontractor(s) access to Confidential Information
in the absence of such agreement being effective.
The obligations imposed in this Section shall
survive the termination of this Agreement.
8. CONFLICT OF INTEREST. Through its
execution of this Agreement, Contractor
acknowledges that it is familiar with the provisions
of Gov. Code, § 1090 et seq. and Chapter 7 of the
Political Reform Act of 1974 (Gov. Code, § 87100
et seq.), and certifies that it does not know of any
facts that constitute a violation of those provisions.
In the event Contractor receives any information
subsequent to execution of this Agreement that
might constitute a violation of these provisions,
Contractor agrees it shall immediately not ify
CONFIRE of this information.
9. APPROVAL OF LEGISLATIVE BODY. This
Agreement shall not be binding upon CONFIRE
until CONFIRE’s legislative body has approved all
the terms and conditions contained herein.
10. DISPUTES. In the event of a dispute between the
parties as to performance of Services, Agreement
interpretation, or payment, the Parties shall attempt
to resolve the dispute by negotiation and/or
mediation, if agreed to by the Parties. Pending
resolution of the dispute, Contractor shall neither
rescind the Agreement nor stop performing the
Services.
11. COMPLIANCE WITH LAWS . Contractor shall
observe and comply with all rules and regulations of
the governing board of CONFIRE and all federal,
state, and local laws, ordinances and regulations.
Contractor shall give all notices required by any
law, ordinance, rule and regulation bearing on
conduct of the Services as indicated or specified. If
Contractor observes that any of the Services
required by this Agreement is at variance with any
such laws, ordinance, rules or regulations,
Contractor shall notify CONFIRE, in writing, and,
at the sole option of CONFIRE, any necessary
changes to the scope of the Services shall be made
and this Agreement shall be appropriately amended
in writing, or this Agreement shall be terminated
effective upon Contractor’s receipt of a written
termination notice from CONFIRE. If Contractor
performs any work that is in violation of any laws,
ordinances, rules or regulations, without first
notifying CONFIRE of the violation, Contractor
shall bear all costs arising therefrom.
12. PERMITS/LICENSES. Contractor and all
Contractor’s employees or agents shall secure and
maintain in force all permits and licenses that are
required by law in connection with the furnishing of
Services pursuant to this Agreement at the expense
of Contractor,
13. SAFETY AND SECURITY: Contractor is
responsible for maintaining safety in the
performance of this Agreement. Contractor shall be
responsible to ascertain from CONFIRE the rules
and regulations pertaining to safety, security, and
driving on school grounds, particularly when
children are present.
14. ANTI-DISCRIMINATION. It is the policy of
CONFIRE that in connection with all work
performed under co ntracts there be no
discrimination against any employee engaged in the
work because of race, religious creed, color,
national origin, ancestry, physical disability, mental
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disability, medical condition, ), sex (including
pregnancy, perceived pregnancy, childbirth,
breastfeeding, or related medical conditions),
gender, gender identity (including transgender
identity), gender expression (including transgender
expression), because an individual has transitioned
(to live as the gender w ith which they identify), is
transitioning, or is perceived to be transitioning),
sex stereotyping, reproductive health decision
making (protected under section 12920 of the
Government Code in California), national origin,
ancestry, citizenship, age (40 ye ars and over),
mental disability and physical disability (including
HIV and AIDS), legally protected medical
condition or information (including genetic
information), protected medical leaves (requesting
or approved for leave under the Family and Medical
Leave Act or the California Family Rights Act),
military and/or veteran status, service, or obligation, reserve status, national guard status, marital status,
domestic partner status, sexual orientation, status as
a victim of domestic violence, sexual assau lt or
stalking, enrollment in a public assistance program,
engaging in protected communications regarding
employee wages or otherwise exercising rights
protected under the California Fair Pay Act,
requesting a reasonable accommodation on the basis
of disability or bona fide religious belief or practice, or any other basis protected b y local, state, or
federal laws genetic information, marital status, sex,
gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status, or
any other class or status protected by applicable law,
and therefore the Contractor agrees to comply with
applicable Federal and California laws including,
but not limited to the California Fair Employment
and Housing Act beginning with Government Code
Section 12900 and Labor Code Section 1735. In
addition, the Contractor agrees to require like
compliance by all its subcontractor(s).
15. AUDIT. Contractor shall establish and maintain
books, records, and systems of account, in
accordance with generally accepted accounting
principles, reflecting all business operations of
Contractor transacted under this Agreement.
Contractor shall retain these books, records, and
systems of account during the Term of this
Agreement and for three (3) years thereafter.
Contractor shall permit CONFIRE, its agent, other
representatives, or an independent auditor to audit,
examine, and make excerpts, copies, and transcripts
from all books and records, and to make audit(s) of
all billing statements, invoices, records, and other
data re lated to the Services covered by this
Agreement. Audit(s) may be performed at any time,
provided that CONFIRE shall give reasonable prior
notice to Contractor and shall conduct audit(s)
during Contractor’s normal business hours, unless
Contractor otherwise consents.
16. TIME IS OF THE ESSENCE. Time is of the
essence in the performance of Services and the
timing requirements agreed upon by the Parties, if
any, shall be strictly adhered to unless otherwise
modified in writing in accordance with Section 28 of
this Agreement. Contractor shall commence
performance and shall complete all required Services
no later than the dates agreed upon by the Parties.
Any Services for which times for performance are
not specified shall be commenced and completed by
Contractor in a reasonably prompt and timely
manner based upon the circumstances and direction
communicated to Contractor by CONFIRE.
17. PROVISIONS REQUIRED BY LAW DEEMED
INSERTED. Each and every provision of law and
clause required by law to be inserted in this
Agreement shall be deemed to be inserted and this
Agreement shall be read and enforced as though it
were included. If through mistake or otherwise, any
provision is not inserted or is not correctly inserted, then upon application of either Party, the Agreement
shall be amended to make the insertion or correction.
All references to statutes and regulations shall
include all amendments, replacements, and
enactments in the subject which are in effect as of the date of this Agreement, and any later changes which
do not materially and substantially alter the positions of the Parties.
18. ASSIGNMENT AND SUCCESSORS. Neither
CONFIRE nor Contractor shall, without the prior
written consent of the other Party, assign the benefit
or in any way transfer their respective obligations
under this Agreement. This Agreement shall inure
to the benefit of and be binding upon the Parties
hereto and, except as otherwise provided herein,
upon their executors, administrators, successors,
and assigns.
19. ASSIGNMENT AND SUCCESSORS. Neither
CONFIRE no r Contractor shall, without the prior
written consent of the other Party, assign the benefit
or in any way transfer their respective obligations
under this Agreement. This Agreement shall inure
to the benefit of and be binding upon the Parties
hereto and, except as otherwise provided herein,
upon their executors, administrators, successors,
and assigns.
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20. ASSIGNMENT AND SUCCESSORS. Neither
CONFIRE nor Contractor shall, without the prior
written consent of the other Party, assign the benefit
or in any way transfer their respective obligations
under this Agreement. This Agreement shall inure
to the benefit of and be binding upon the Parties
hereto and, except as otherwise provided herein,
upon their executors, administrators, successors,
and assigns.
21. SEVERABILITY. In the event that any provision
of this Agreement shall be construed to be illegal or
invalid for any reason, said illegality or invalidity
shall not affect the remaining provisions hereof, but
such illegal or invalid provision shall be fully
severable and this Agreement shall be construed and
enforced as if such illegal or invalid provision had
never been included herein, unless to do so would
frustrate the intent and purpose of this Agreement.
22. FORCE MAJEURE. No Party shall be liable to
any other Party for any loss or damage of any kind
or for any default or delay in the performance of its
obligations under this Agreement (except for
payment obligations) if and to the extent that the
same is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, epidemics,
pandemics, quarantines, acts of God, acts of war,
terrorism, civil unrest or political, religious, civil or economic strife, or any other cause beyond a Party’s
reasonable control.
23. VENUE/GOVERNING LAWS. This Agreement
shall be governed by the laws of the State of
California and venue shall be in the County and/or
federal judicial district in which CONFIRE’s
principal administrative office is located.
24. ATTORNEY’S FEES. If suit is brought by either
Party to enforce any of the terms of this Agreement,
each Party shall bear its own attorney’s fees and
costs.
25. EXHIBITS. All Exhibits referred to in this
Agreement are incorporated in this Agreement and
made a part of this Agreement as if fully set forth
herein.
26. ENTIRE A GREEMENT. This Agreement
represents the entire agreement between CONFIRE
and Contractor and supersedes all prior
negotiations, representations or agreements, either
written or oral. This Agreement may be amended
or modified only by an agreement in writing, signed
by both CONFIRE and Contractor.
27. MODIFICATION. This Agreement may be
amended at any time by the written agreement of
CONFIRE and Contractor.
28. WAIVER. Waiver of a breach or default under this
Agreement shall not constitute a continuing waiver
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of a subsequent breach of the same or any other
provision under this Agreement.
29. AUTHORITY. The individual executing this
Agreement on behalf of Contractor warrants that
he/she is authorized to execute the Agreement on
behalf of Contractor and that Contractor will be
bound by the terms and conditions contained herein.
30. HEADINGS AND CONSTRUCTION. Headings
at the beginning of each paragraph and
subparagraph are solely for the convenience of the
Parties and are not a part of the Agreement.
Whenever required by the context of this
Agreement, the singular shall include the plural and
the masculine shall include the feminine and vice
versa. This Agreement shall not be construed as if
it had been prepared by one of the Parties, but rather
as if both Parties had prepared the same. Unless
otherwise indicated, all references to paragraphs,
sections, subparagraphs, and subsections are to this
Agreement.
31. COUNTERPARTS. This Agreement may be
executed in counterparts, each of which shall be
deemed an original, but all of which, together, when
signed by all of the Parties hereto, shall constitute
one and the same instrument. A facsimile or
electronic signature shall be as valid as an original.
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EXHIBIT D
to AGREEMENT FOR SERVICES
INSURANCE
1. Contractor shall procure and maintain at all times it performs any portion of the Services the following insurances with minimum limits equal to the amounts indicated below.
1.1. Commercial General Liability and Automobile Liability Insurance . Commercial General Liability Insurance and Any Auto Automobile Liability Insurance that shall protect the Contractor, CONFIRE, and the contracting agencies and member agencies of CONFIRE from all claims of bodily injury, property damage, personal injury, death, advertising injury, and medical payments arising performing any portion of the Services. (Form CG 0001 and CA 0001)
1.2. Workers’ Compensation and Employers’ Liability Insurance . Workers’ Compensation Insurance and Employers’ Liability Insurance for all of its employees performing any portion of the Services. In accordance with provisions of section 3700 of the California Labor Code, the Contractor shall be required to secure workers’ compensation coverage for its employees. If any class of employee or employees engaged in performing any portion of the Services under this Agreement are not protected under the Workers’ Compensation Statute, adequate insurance coverage for the protection of any employee(s) not otherwise protected must be obtained before any of thos e employee(s) commence performing any portion of the Services. Contractor shall sign and file with CONFIRE the following certification prior to performing the work of the contract: “I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this con tract.”
1.3. Professional Liability (Errors and Omissions) . Professional Liability (Errors and Omissions) Insurance as appropriate to the Contractor’s profession.
Type of Coverage Minimum
Coverage
Commercial General Liability Insurance, including Bodily Injury, Personal Injury, Property Damage, Advertising Injury, and Medical Payments Each Occurrence
General Aggregate
$1,000,000
$1,000,000
Automobile Liability Insurance - Any Auto
Each Occurrence
General Aggregate
$1,000,000
$1,000,000
Professional Liability $1,000,000
Workers Compensation Statutory Limits
Employer’s Liability $1,000,000
2. The Contractor shall not commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverage’s have been delivered in duplicate to CONFIRE and approved by CONFIRE. Certificates and insurance policies shall include the following:
2.1. A clause stating: “This policy shall not be canceled or reduced in required limits of liability or amounts of insurance until notice has been mailed to CONFIRE, stating date of cancellation or reduction. Date of cancellation or reduction shall not be less than thirty (30) days after date of mailing notice.”
2.2. Language stating in particular those insured, extent of in surance, location and operation to which insurance applies, expiration date, to whom cancellation and reduction notice will be sent, and length of notice period.
2.3. An endorsement stating that CONFIRE and contracting agencies and member agencies of CONFIRE, and their representatives, employees, trustees, officers, consultants, and volunteers are named additional insureds under all policies except Workers’ Compensation Insurance, Professional Liability, and Employers’ Liability Insurance. An endorsement shall also state that Contractor’s insurance policies shall be primary to any insurance or self-insurance maintained by CONFIRE.
2.4. All policies shall be written on an occurrence form, except for Professional Liability which shall be on a claims- made form.
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EXHIBIT E
to AGREEMENT FOR SERVICES
BUSINESS ASSOCIATE AGREEMENT
This Business Associate Agreement ("BAA") is entered into by and between City of Colton ("Business Associate"), a fire department duly authorized and existing under Health & Safety Code §13800, et seq. and the Consolidated Fire Agencies ("Covered Entity"), a California joint powers authority existing pursuant to Gov. Code, § 6500 et seq.
Business Associate and Covered Entity may be collectively referred to as the "Parties" or individually as a "Party."
RECITALS
Covered Entity is contracting with Business Associate for the performance of certain services ("Services"), as set forth in the Agreement to which this BAA is attached as Exhibit E;
Covered Entity is a business associate of a covered entity as defined in 45 C.F.R. § 160.103;
Business Associate is a business associate, as defined in 45 C.F.R. § 160.103, of Covered Entity;
45 C.F.R. § 164.504 requires that covered entities enter into agreements with their business associates that satisfy the requirements of 45 C.F.R. § 164.504(e)(2); and
Business Associate and Covered Entity are both governmental entities for the purposes of 45 C.F.R. § 164.504 (e)(3)(i).
AGREEMENT
1. General Terms and Conditions
The General Terms and Conditions to this BAA are set forth in Appendix 1.
The Parties have executed this Agreement on the dates indicated below. The last of the two dates shall be the "Effective Date" of this BAA.
CONSOLIDATED FIRE AGENCIES
Date: , 20
CITY OF COLTON
Date: , 20
By:
Print Name: Nathan Cooke
Its: Interim Director
By:
Print Name: Bill Smith
Its: City Manager
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Attachment: CONFIRE Colton Agreement for XBO ECC Chiefv1-c1 (003) (4122 : Agreement - CONFIRE) 16 25522.01000\40191009.3
APPENDIX 1 TO EXHIBIT E
to CONTRACTING AGENCY AGREEMENT
General Terms and Conditions to Business Associate Agreement
I. DEFINITIONS.
a. Generally. Capitalized terms used within the
BAA without definition, including within this
Appendix 1, shall have the meanings ascribed
to them in the Health Insurance Portability and
Accountability Act and 45
b. C.F.R. Part 160 and 164 ("HIPAA and
HIPAA Regulations"), and the Health
Information Technology for Economic and
Clinical Health Act and 45 C.F.R. Part 170
("HITECH Act and Regulations"), as
applicable, unless otherwise defined herein.
HIPAA and HIPAA Regulations and I -
IITECH Act and Regulations are collectively
referred to herein as "Applicable Law'\
c. Catch-all Definition. T he following terms
used in this BAA shall have the same meaning
as those terms in the HIPAA and HIPAA
Regulations: Breach, Data Aggregation,
Designated Record Set, Disclosure, Health
Care Operations, Individual, Minimum
Necessary, Notice of Privacy Practic es,
Protected Health Information, Required By
Law, Secretary, Security Incident,
Subcontractor, Unsecured Protected Health
Information, and Use.
II. OBLIGATIONS AND ACTIVITIES
OF BUSINESS ASSOCIATE.
Business Associate agrees to:
a. Not use or disclose Protected Health
Information other than as permitted or
required by this BAA, the Agreement, or as
required by law;
b. Use appropriate safeguards, and comply with
Subpart C of 45 CFR Part 164 with respect to
electronic Protected Health Inf ormation, to
prevent Use or Disclosure of Protected Health
Information other than as provided for by this
BAA;
c. Report to Covered Entity any Use or
Disclosure of Protected Health Information
not provided for by this BAA of which it
becomes aware, including breaches of
Unsecured Protected Health Information as
required at45 CFR 164.410, and any Security
Incident of which it becomes aware;
d. In accordance with 45 CFR 164.502(e)(l)(ii)
and 164.308(b)(2), if applicable, ensure that
any Subcontractors that create, receive,
e. maintain, or transmit Protected Health Information on behalf of the Business Associate agree to the same
restrictions, conditions, and requirements that apply to Business Associate with respect to such information;
f. Make available Protected Health Information in a
Designated Record Set to Covered Entity or to an
individual whose Protected Health Information is
maintained by Business Associate, or the individual's
designee, and document and retain the documentation
required by 45 CPR 164.5300), as n ecessary to satisfy
Covered Entity's obligations under 45 CFR 164.524;
g. Make any amendment(s) to Protected Health
Information in a Designated Record Set as directed or
agreed to by the Covered Entity pursuant to 45 CFR
164.526, or take other measures as necessary to satisfy Covered Entity's obligations under 45 CFR 164.526;
h. Maintain and make available the information required to provide an accounting of Disclosures to the Covered
Entity as necessary to satisfy Covered Entity's
obligations under 45 CFR 164.528;
i. To the extent the Business Associate is to carry out one or more of Covered Entity's obligation(s) under Subpart E of 45 CFR Part 164, comply with the requirements of
Subpart E that apply to the Covered Entity in the
performance of such obligation(s); and
j. Make its internal practices, books, and
k. records available to the Secretary for purposes of
determining Business Associate's or Covered Entity's
compliance with HIPAA and HIPAA Regulations.
III. PERMITTED USES AND DISCLOSURES BY
BUSINESS ASSOCIATE.
a. Business Associate may only Use or Disclose
Protected Health Information as necessary to
perform the Agreement(s).
b. Business Associate may Use or Disclose
Protected Health Information as required by
law.
c. Business Associate agrees to make Uses and
Disclosures and requests for Protected Health
Information consistent with Covered Entity's
Minimum Necessary policies and procedures.
d. Business Associate may not Use or Disclose
Protected Health Information in a manner that
would violate Subpart E of 45 CFR Part 164 if
done by Covered Entity.
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Attachment: CONFIRE Colton Agreement for XBO ECC Chiefv1-c1 (003) (4122 : Agreement - CONFIRE) 17 25522.01000\40191009.3
IV. PERMISSIBLE REQUESTS BY COVERED
ENTITY.
a. Covered Entity shall not request Business
Associate to Use or Disclose Protected Health
Information in any manner that would not be
permissible under Subpart E of 45 CFR Part
164 if done by Covered Entity.
V. TERM AND TERMINATION.
a. Term. This BAA is effective as of the
Effective Date and will continue in force until
terminated,
b. Termination for Convenience. Either Party
may terminate this BAA at any time, for any
reason or for no reason, by giving the other
Party at least thirty (30) days' prior written
notice.
c. Obligations of Business Associate Upon
Termination. Upon termination o f this BAA
for any reason, Business Associate shall return
to Covered Entity or, if agreed to by Covered
Entity, destroy all Protected Health
Information received from Covered Entity, or
created, maintained, or received by Business
Associate on behalf of Covered Entity, that the
Business Associate still maintains in any form.
Business Associate shall retain no copies of
the Protected Health Information. Upon
termination of this BAA for any reason,
Business Associate, with respect to Protected
Health Information received from Covered
Entity, or created, maintained, or received by
Business Associate on behalf of Covered
Entity, shall:
i. Retain only that Protected Health
Information which is necessary for
Business Associate to continue its proper
management and administration or to
carry out its legal responsibilities;
ii. Return to Covered Entity or, if agreed to
by Covered Entity, destroy the remaining
Protected Health Information that the
Business Associate still maintains in any
form;
iii. Continue to u se appropriate safeguards
and comply with Subpart C of 45 CFR
Part 164 with respect to electronic
Protected Health Information to prevent
use or disclosure of the Protected Health
Information, other than as provided for in
this Section, for as long as Busi ness
Associate retains the Protected Health
Information;
iv. Not use or disclose the Protected Health
Information retained by Business
Associate other than for the purposes for
which such Protected Health Information
was retained and subject to the same
conditions which applied prior to
termination; and
v. Return to Covered Entity or, if agreed to
by Covered Entity, destroy the Protected
Health Information retained by Business
Associate when it is no longer needed by
Business Associate for its proper
management and administration or to
carry out its legal responsibilities.
d. Survival. The obligations of Business
Associate under this Section shall survive the
termination of this BAA.
VI. MISCELLANEOUS.
a. Governmental Access to Records. Business
Associate shall make its internal practices,
books and records relating to the Use and
Disclosure of PHI available to the Secretary for
purposes of determining Covered Entity's
compliance with the Applicable Law. Except
to the extent prohibited by law, Business
Associate agrees to notify Covered Entity of all
requests served upon Business Associate for
information or documentation by or on behalf
of the Secretary. Business Associate shall
provide to Covered Entity a copy of any PHI
that Business Associate provides to the
Secretary concurrently with providing such
PHI to the Secretary.
b. Public Access and Ownership of Records.
Covered Entity is a local agency subject to the
Public Records Act, Government Code § 6250
et seq. ("PRA"). In the event that Business
Associate receiv es a request for records
prepared, owned, used, or retained by Covered
Entity or for records prepared, owned, used, or
retained by Business Associate in the course
and scope of providing the services for
Covered Entity described in the Agreement as
amended from time to time ("PRA Request"),
Business Associate shall promptly forward a
copy of the PRA Request to Covered Entity for
fulfillment by the Covered Entity. Business
Associate understands and agrees that all
records produced under the Agreement as
amended from time to time are hereby the
property of Covered Entity and cannot be used
without Covered Entity's express written
permission. Covered Entity shall have all right,
title and interest in said
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Attachment: CONFIRE Colton Agreement for XBO ECC Chiefv1-c1 (003) (4122 : Agreement - CONFIRE) 18 25522.01000\40191009.3
records, including the r ight to secure and
maintain the copyright, trademark and/or
patent of said records in the name of the
Covered Entity.
c. Minimum Necessary. To the extent
required by the HITECH Act and Regulations,
Business Associate shall limit its Use,
Disclosure or request of PHI to the Limited
Data Set or, if needed, to the minimum
necessary to accomplish the intended Use,
Disclosure or request, respectively. Effective
on the date the Secretary issues guidance on
what constitutes "minimum necessary" for
purposes of the Applicable Law, Business
Associate shall limit its Use, Disclosure or
request of PHI to only the minimum necessary
as set forth in such guidance.
d. State Privacy Laws. Business Associate
shall comply with California laws to the extent
that such state privacy laws are not preempted
by Applicable Law.
e. No Third -Party Beneficiaries. Nothing
express or implied in this BAA is intended to
confer, nor shall anything herein confer, upon
any person other than Covered Entity, Business
Associate and their respective successors or
assigns, any rights, remedies, obligations or
liabilities whatsoever.
f. Effect on Underlying Arrangement. In the
event of any conflict between this BAA and
any underlying arrangement between
Covered Entity and Business Associate,
including the Agreements as amended from
time to time, the terms of the BAA shall
control with respect to Protected Health
Information.
g. Interpretation. This BAA shall be
interpreted as broadly as necessary to
implement and comply with Applicable Law.
The Parties agree that any ambiguity in the
BAA shall be resolved in favor of a meaning
that complies and is consistent with the
Applicable Law.
h. Governing Law. This BAA shall be
construed in accordance with the laws of the
State of California.
i. Provisions Required by Law Deemed
Inserted. Each and every provision of law
and clause required by law to be inserted in
this BAA shall be deemed to be inserted herein
and this BAA shall be read and enforced as
though it were included therein.
j. Severability. In the event that any provision
of this BAA shall be construed to be illegal or
invalid for any reason, said illegality or
invalidity shall not affect the remaining
provisions hereof, but such illegal or invalid
provision shall be fully severable and this
BAA shall be construed and enforced as if
such illegal or invalid provision had never
been included herein, unless to do so would
frustrate the intent and purpose of this BAA.
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Attachment: CONFIRE Colton Agreement for XBO ECC Chiefv1-c1 (003) (4122 : Agreement - CONFIRE)
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Attachment: CONFIRE Colton Agreement for XBO ECC Chiefv1-c1 (003) (4122 : Agreement - CONFIRE) 1 2
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RESOLUTION NO. R-77-23
A RESOLUTION OF THE CITY COUNCIL AMENDING THE
FY2023-24 ADOPTED BUDGET TO A PPROPRIATE $270,000 FOR
AN ADDITIONAL BATTAL ION CHIEF POSITION A ND
INCREASING REVENUES FOR REIMBURSEMENT FO R AN
INDEPENDENT CONTRACT OR AGREEMENT WITH CONFIRE
AND AMENDING THE AUTHORIZED POSITION LIST ADDING A
FOURTH BATTALION CHI EF FROM SEPTEMBER 16 , 2023 TO
JUNE 30, 2024
WHEREAS, the Budget for Fiscal Year commencing July 1, 202 3 and ending June 30, 2024 was approved and adopted by Resolution; and
WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and applicable statues of the State; and
WHEREAS, the re -allocation of appropriations between department activities may be made by the City Manager. Amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the adopted FY2023 -24 budget increasing the revenue in General Fund CONFIRE Contractor Agreement Account Number 100-5794-001 by $235,093.
SECTION 2. Amend the adopted FY2023-24 budget to increase appropriations in General Fund Fire Operations Salaries-Miscellaneous Account Number 100-6090-6091-1010-0000- 000 by $270,000 to fund the cost of an additional Battalion Chief.
SECTION 3. Amend the City of Colton’s Authorized Position List adding a fourth Battalion Chief from September 16, 2023 to June 30, 2024.
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Attachment: RESOLUTION R-77-23 ECC Chief (4122 : Agreement - CONFIRE) 1 2
3 4
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9 10
11 12
13 14
15 16
17 18
19 20
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RVPUB\MXM\666167.1 - 2 -
PASSED, APPROVED AND ADOPTED this 5th day of September, 2023.
______
FRANK J. NAVARRO, Mayor
ATTEST:
_______
STEPHANIE VARGAS, Deputy City Clerk
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Attachment: RESOLUTION R-77-23 ECC Chief (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
F
ire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024
City Council 7.00 7.00 5.00 5.00 5.00 City Clerk 3.00 3.00 3.00 4.00 4.00 City Treasurer 1.00 1.00 1.00 1.00 1.00 City Manager 4.00 4.00 4.00 5.00 5.00 Human Resources & Risk Management Department 5.00 5.00 5.00 5.00 5.00 Finance Department 28.00 28.00 28.00 30.00 30.00 Community Services Department 14.70 14.70 15.70 15.70 15.70 Development Services Department 13.00 13.00 13.00 13.00 13.00 Police Department 89.00 89.00 89.00 97.00 97.00 Fire Department 44.00 44.00 44.00 51.00 52.00 Electric Utility Department - - 1.00 45.00 45.00 Public Works & Utility Services Department 122.00 122.00 122.00 81.00 81.00 330.70 330.70 330.70 352.70 353.70
Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
F
ire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024
City Council
Mayor 1.00 1.00 1.00 1.00 1.00
Council Member 6.00 6.00 4.00 4.00 4.00
7.00 7.00 5.00 5.00 5.00
City Clerk
Deputy City Clerk 1.00 1.00 1.00 1.00 1.00
City Clerk 1.00 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00 1.00
Office Specialist I/II 0.00 0.00 0.00 1.00 1.00
3.00 3.00 3.00 4.00 4.00
City Treasurer
City Treasurer 1.00 1.00 1.00 1.00 1.00
1.00 1.00 1.00 1.00 1.00
City Manager
City Manager 1.00 1.00 1.00 1.00 1.00
Assistant to the City Manager 0.00 0.00 0.00 1.00 1.00
Executive Assistant to the City Manager 1.00 1.00 1.00 1.00 1.00 Administrative Assistant 0.00 0.00 0.00 0.00 0.00
Economic Development Manager 1.00 1.00 1.00 1.00 1.00
Economic Development Project Manager I/II 1.00 1.00 1.00 1.00 1.00
4.00 4.00 4.00 5.00 5.00 City Manager Totals: (Full Time Positions) City Council Totals: (Full Time Positions)
City Council Totals: (Full Time Positions)
City Treasurer Totals: (Full Time Positions)
TOTAL FUNDED FULL-TIME POSITIONS
DETAIL
Total - City Full-Time Positions
TOTAL FUNDED FULL-TIME POSITIONS
City of Colton
Authorized Full-Time Positions
September 5, 2023
SUMMARY
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
Fire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024 TOTAL FUNDED FULL-TIME POSITIONS Human Resources & Risk Management
Human Resources & Risk Management Director 1.00 1.00 1.00 1.00 1.00 Senior Human Resources Analyst 1.00 1.00 1.00 1.00 1.00 Senior Risk Management Analyst 1.00 1.00 1.00 1.00 1.00 Human Resource Analyst 1.00 1.00 1.00 1.00 1.00
Human Resource Specialist 1.00 1.00 1.00 1.00 1.00
5.00 5.00 5.00 5.00 5.00
Finance Department
Finance Director 1.00 1.00 1.00 1.00 1.00
Finance
Finance Manager 1.00 1.00 1.00 1.00 1.00
Senior Accountant 1.00 1.00 1.00 1.00 1.00
Senior Finance Analyst 0.00 0.00 0.00 1.00 1.00
Payroll Analyst 1.00 1.00 1.00 1.00 1.00
Accountant 2.00 2.00 2.00 2.00 2.00
Payroll Technician I/II 1.00 1.00 1.00 1.00 1.00
Account Technician I/II 2.00 2.00 2.00 2.00 2.00
Customer Service
Purchasing/Customer Service Manager 0.80 0.80 0.80 0.80 0.80 Utilities Business Systems Analyst 0.00 0.00 0.00 1.00 1.00 Customer Service Supervisor 0.00 0.00 0.00 2.00 2.00
Senior Customer Service Representative 2.00 2.00 2.00 0.00 0.00 Customer Service Representative III 0.00 0.00 0.00 1.00 1.00 Customer Service Representative I/II 10.00 10.00 10.00 9.00 9.00 Purchasing
Purchasing/Customer Service Manager 0.20 0.20 0.20 0.20 0.20 Warehouse Supervisor 1.00 1.00 1.00 1.00 1.00
Storekeeper 1.00 1.00 1.00 1.00 1.00
Purchasing Technician 0.00 0.00 0.00 1.00 1.00
Account Technician I/II 1.00 1.00 1.00 0.00 0.00
Information Systems
Information Services Manager 0.00 0.00 0.00 1.00 1.00
I.T. Supervisor 1.00 1.00 1.00 0.00 0.00
I.T. Coordinator 1.00 1.00 1.00 1.00 1.00
Network Technician 1.00 1.00 1.00 1.00 1.00
28.00 28.00 28.00 30.00 30.00 Finance Department Totals: (Full Time Positions) Human Resources Totals: (Full Time Positions)
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
Fire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024 TOTAL FUNDED FULL-TIME POSITIONS Community Services
Community Services Director 1.00 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00 1.00
Early Care & Education Program Director 0.00 0.00 0.00 1.00 1.00 Early Care & Education Site Supervisor 0.00 0.00 0.00 3.70 3.70 Community Child Care Manager 1.00 1.00 1.00 0.00 0.00
Community Child Care Administrative Assistant 1.00 1.00 1.00 1.00 1.00 Community Child Care Site Supervisor 1.00 1.00 2.00 0.00 0.00 Community Child Care Asst Site Supervisor 1.70 1.70 1.70 0.00 0.00 Library Branch Manager 1.00 1.00 1.00 1.00 1.00
Homeless Solutions Coordinator 1.00 1.00 1.00 1.00 1.00 Recreation Services Manager 1.00 1.00 1.00 1.00 1.00
Recreation Services Coordinator 5.00 5.00 5.00 5.00 5.00
14.70 14.70 15.70 15.70 15.70
Development Services
Development Services Director 1.00 1.00 1.00 1.00 1.00
Planning Manager 1.00 1.00 1.00 1.00 1.00
Administrative Assistant 1.00 1.00 1.00 1.00 1.00
Senior Office Specialist 1.00 1.00 1.00 1.00 1.00
Planning/Building Technician 2.00 2.00 2.00 2.00 2.00
Building Official 1.00 1.00 1.00 1.00 1.00
Plans Examiner I/II 1.00 1.00 1.00 1.00 1.00
Building Inspector I/II 1.00 1.00 1.00 1.00 1.00
Business License/Collections Officer 1.00 1.00 1.00 1.00 1.00 Senior Planner 1.00 1.00 1.00 1.00 1.00
Associate Planner 1.00 1.00 1.00 1.00 1.00
Assistant Planner 1.00 1.00 1.00 1.00 1.00
13.00 13.00 13.00 13.00 13.00 Development Services Totals: (Full Time Positions) Community Services Totals: (Full Time Positions)
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
Fire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024 TOTAL FUNDED FULL-TIME POSITIONS Police Department
Police Chief 1.00 1.00 1.00 1.00 1.00
Police Captain 1.00 1.00 1.00 1.00 1.00
Executive Assistant to Police Chief 1.00 1.00 1.00 1.00 1.00 Information Technology Coordinator 1.00 1.00 1.00 1.00 1.00 Network Technician 1.00 1.00 1.00 1.00 1.00
Community Service Officer 5.00 5.00 5.00 7.00 7.00
Police Lieutenant 2.00 2.00 2.00 2.00 2.00
Police Sergeant 7.00 7.00 7.00 8.00 8.00
Police Corporal/Detective 12.00 12.00 12.00 12.00 12.00 Police Officer/Trainee 34.00 34.00 34.00 36.00 36.00
Police Support Services Manager 0.00 0.00 0.00 1.00 1.00 Crime Analyst 0.00 0.00 0.00 1.00 1.00
Animal Services Officer 2.00 2.00 2.00 2.00 2.00
Lead Code Compliance Officer 0.00 0.00 0.00 1.00 1.00
Code Compliance Officer 5.00 5.00 5.00 4.00 4.00
Supervising Communication Dispatcher 1.00 1.00 1.00 1.00 1.00 Police Dispatcher I/II 9.00 9.00 9.00 9.00 9.00
Senior Police Dispatchers 2.00 2.00 2.00 2.00 2.00
Administrative Assistant 0.00 0.00 0.00 1.00 1.00
Police Records Supervisor 1.00 1.00 1.00 1.00 1.00
Police Services Clerk I/II 4.00 4.00 4.00 4.00 4.00
89.00 89.00 89.00 97.00 97.00
Fire Department
Fire Chief 1.00 1.00 1.00 1.00 1.00
Deputy Fire Chief 0.00 0.00 0.00 1.00 1.00
Battalion Chief Fire Marshal 0.00 0.00 0.00 1.00 1.00
Fire Battalion Chief (1 position temporary through 6/30/24) 3.00 3.00 3.00 3.00 4.00 Fire Captain 12.00 12.00 12.00 12.00 12.00
Fire Engineer 12.00 12.00 12.00 12.00 12.00
Firefighter Medic 12.00 12.00 12.00 18.00 18.00
Fire Marshal 1.00 1.00 1.00 0.00 0.00
Fire Safety Specialist I/II 1.00 1.00 1.00 1.00 1.00
Executive Assistant 1.00 1.00 1.00 1.00 1.00
Office Specialist I/II 1.00 1.00 1.00 1.00 1.00
44.00 44.00 44.00 51.00 52.00
Police Department Totals: (Full Time Positions)
Fire Department Totals: (Full Time Positions)
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
Fire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024 TOTAL FUNDED FULL-TIME POSITIONS Electric Utility Department
Electric Utility Director 0.00 0.00 1.00 1.00 1.00
Administration
Assistant Director of Utility Operations 0.00 0.00 0.00 1.00 1.00 Utilities Planning Manager 0.00 0.00 0.00 1.00 1.00
Utilities Resource Analyst 0.00 0.00 0.00 1.00 1.00
Administrative Analyst I/II 0.00 0.00 0.00 1.00 1.00
Utilities Executive Assistant 0.00 0.00 0.00 1.00 1.00
Office Specialist I/II 0.00 0.00 0.00 1.00 1.00
0.00 0.00 0.00 6.00 6.00
Engineering
Elec. Utilities System Designer 0.00 0.00 0.00 1.00 1.00 Engineering/GIS Technician 0.00 0.00 0.00 1.00 1.00
GIS Specialist 0.00 0.00 0.00 1.00 1.00
Senior Electric Utility Inspector 0.00 0.00 0.00 1.00 1.00
0.00 0.00 0.00 4.00 4.00
Environmental, Sustainability, & Conservation
Environment & Conservation Supervisor 0.00 0.00 0.00 1.00 1.00 Senior Energy Services Specialist 0.00 0.00 0.00 1.00 1.00 Senior Water Conservation Specialist 0.00 0.00 0.00 1.00 1.00 Office Specialist I/II 0.00 0.00 0.00 2.00 2.00
0.00 0.00 0.00 5.00 5.00
Substation
Substation Superintendent 0.00 0.00 0.00 1.00 1.00
Substation Operations Supervisor 0.00 0.00 0.00 1.00 1.00 Substation Electrician/Substation Apprentice/Sr. Substation Electrician 0.00 0.00 0.00 5.00 5.00 Senior Consumer Service Field Rep 0.00 0.00 0.00 1.00 1.00 Consumer Service-Field Rep I/II 0.00 0.00 0.00 4.00 4.00
0.00 0.00 0.00 12.00 12.00
Transmission/Distribution
Electric Field Operations Foreman 0.00 0.00 0.00 1.00 1.00 Line Crew Supervisor 0.00 0.00 0.00 3.00 3.00
Service Crew Supervisor 0.00 0.00 0.00 1.00 1.00
Powerline Technician/Apprentice/Apprentice Trainee 0.00 0.00 0.00 12.00 12.00
0.00 0.00 0.00 17.00 17.00
0.00 0.00 1.00 45.00 45.00 Electric Utility Department Totals: (Full Time Positions) Subtotals:
Subtotals:
Subtotals:
Subtotals:
Subtotals:
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
Fire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024 TOTAL FUNDED FULL-TIME POSITIONS Public Works & Utility Services
Public Works & Utility Services Director 1.00 1.00 1.00 1.00 1.00 Assistant Director of Utility Operations 1.00 1.00 1.00 0.00 0.00 Assistant Director of Public Works & Engineering 1.00 1.00 1.00 1.00 1.00 Public Works - Operations
Public Works Supervisor 1.00 1.00 1.00 1.00 1.00
Maintenance Worker III 1.00 1.00 1.00 1.00 1.00
Equipment Operator I/II 1.00 1.00 1.00 1.00 1.00
Maintenance Crew Leader 1.00 1.00 1.00 1.00 1.00
Maintenance Worker I/II 19.00 19.00 19.00 21.00 21.00
Lead Equipment Mechanic 1.00 1.00 1.00 1.00 1.00
Equipment Mechanic 2.00 2.00 2.00 2.00 2.00
Building Maintenance Supervisor 1.00 1.00 1.00 1.00 1.00 Building Maintenance Worker I/II 3.00 3.00 3.00 3.00 3.00 Maintenance Electrician 1.00 1.00 1.00 1.00 1.00
31.00 31.00 31.00 33.00 33.00
Administration
Utilities Planning Manager 1.00 1.00 1.00 0.00 0.00
Utilities Executive Assistant 1.00 1.00 1.00 0.00 0.00
Administrative Assistant 2.00 2.00 2.00 2.00 2.00
PW/W/WW Administrative Manager 1.00 1.00 1.00 1.00 1.00Utilities Financial Analyst 0.00 0.00 0.00 0.00 0.00 Utility Resources Analyst 1.00 1.00 1.00 0.00 0.00
Utilities Business Systems Analyst 1.00 1.00 1.00 0.00 0.00 Accountant 1.00 1.00 1.00 1.00 1.00
Administrative Analyst I/II 2.00 2.00 2.00 1.00 1.00
10.00 10.00 10.00 5.00 5.00
Engineering
Elec. Utilities System Designer 1.00 1.00 1.00 0.00 0.00 Engineering/GIS Technician 1.00 1.00 1.00 0.00 0.00
GIS Specialist 1.00 1.00 1.00 0.00 0.00
Utilities Engineer 1.00 1.00 1.00 1.00 1.00
Associate Engineer 1.00 1.00 1.00 1.00 1.00
Engineering Assistant 0.00 0.00 0.00 1.00 1.00
Engineering Technician I/II 1.00 1.00 1.00 1.00 1.00
Public Works & Utility Inspector 1.00 1.00 1.00 1.00 1.00 Senior Electric Utility Inspector 1.00 1.00 1.00 0.00 0.00 Capital Project Manager 1.00 1.00 1.00 1.00 1.00
9.00 9.00 9.00 6.00 6.00
Environmental, Sustainability, & Conservation
Environment & Conservation Supervisor 1.00 1.00 1.00 0.00 0.00 Senior Energy Services Specialist 1.00 1.00 1.00 0.00 0.00 Senior Water Conservation Specialist 1.00 1.00 1.00 0.00 0.00 Office Specialist I/II 2.00 2.00 2.00 0.00 0.00
5.00 5.00 5.00 0.00 0.00
Subtotals:
Subtotals:
Subtotals:
Subtotals:
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE) Original
Adopted
Childcare
Addition
(8/2)
Mid-Year
Budget
Original
Adopted
9-05-23
Fire BC
FY 2023 FY 2023 FY 2023 FY 2024 FY 2024 TOTAL FUNDED FULL-TIME POSITIONS Substation
Substation Superintendent 1.00 1.00 1.00 0.00 0.00
Substation Operations Supervisor 1.00 1.00 1.00 0.00 0.00 Substation Electrician/Substation Apprentice/Sr. Substation Electrician 5.00 5.00 5.00 0.00 0.00 Senior Consumer Service Field Rep 1.00 1.00 1.00 0.00 0.00 Consumer Service-Field Rep I/II 4.00 4.00 4.00 0.00 0.00
12.00 12.00 12.00 0.00 0.00
Transmission/Distribution
Electric Field Operations Foreman 1.00 1.00 1.00 0.00 0.00 Line Crew Supervisor 3.00 3.00 3.00 0.00 0.00
Service Crew Supervisor 1.00 1.00 1.00 0.00 0.00
Powerline Technician/Apprentice/Apprentice Trainee 12.00 12.00 12.00 0.00 0.00
17.00 17.00 17.00 0.00 0.00
Water Utility
Water & Wastewater Operations Manager 0.00 0.00 0.00 0.50 0.50 Water & Waste Water Utilities Superintendent 0.50 0.50 0.50 0.00 0.00 Water Utilities Supervisor 1.00 1.00 1.00 1.00 1.00
Senior Water Quality Technician 1.00 1.00 1.00 1.00 1.00 Water Quality Technician II 1.00 1.00 1.00 1.00 1.00
Senior Water Treatment Operator 1.00 1.00 1.00 1.00 1.00 Water Treatment Opertor III 1.00 1.00 1.00 1.00 1.00
Water Treatment Operator I/II 1.00 1.00 1.00 1.00 1.00
Senior Water Distribution Operator 2.00 2.00 2.00 2.00 2.00 Water Distribution Operator I/II 6.00 6.00 6.00 6.00 6.00 Water Distribution Operator III 1.00 1.00 1.00 1.00 1.00
15.50 15.50 15.50 15.50 15.50
Wastewater Utility
Water & Wastewater Operations Manager 0.00 0.00 0.00 0.50 0.50 Water & Waste Water Utilities Superintendent 0.50 0.50 0.50 0.00 0.00 Collection System Maintenance Supervisor 1.00 1.00 1.00 1.00 1.00 Senior Collection System Maintenance Technician 1.00 1.00 1.00 1.00 1.00 Collection System Maintenance Technician I/II 5.00 5.00 5.00 5.00 5.00 Wastewater Utilities Supervisor 1.00 1.00 1.00 1.00 1.00 Senior Wastewater Treatment Plant Operator 2.00 2.00 2.00 2.00 2.00 Wastewater Treatment Plant Operator I/II 7.00 7.00 7.00 7.00 7.00 Wastewater Treatment Plant Mechanic I/II 2.00 2.00 2.00 2.00 2.00
19.50 19.50 19.50 19.50 19.50
122.00 122.00 122.00 81.00 81.00 Public Works & Utility Services Department Totals: (Full-time) Subtotals:
Subtotals:
Subtotals:
Subtotals:
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Attachment: FY23-24 Authorized position list_20230905 (4122 : Agreement - CONFIRE)
ITEM NO. 6
STAFF REPORT
DATE: SEPTEMBER 5, 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 AND ADOPT A RESOLUTION TO AMEND THE FY 22-23
BUDGET FOR CR&R RESIDENTIAL DISPOSAL SERVICES,
RESOLUTION NO. R-83-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve Resolution R -83-23 (Exhibit A) amending the FY 22 -23 Budget in the Solid Waste Professional Services Expenditure Account by $2 68,000 for Residential Disposal Services.
2. Approve Resolution R -83-23 (Exhibit A) amending the FY 22 -23 Budget in the Solid Waste Professional Services Revenue Account by $345,630 for Residential Disposal Services.
BACKGROUND
In 2017 CR&R purchased the right to provide municipal solid waste collection services in the City of Colton from Republic Services. The terms and conditions of CR&R Municipal Solid Waste (MSW) service do not change from the original Franchise Agreement with Republic Services.
On December 20, 2022, City Council approved Resolution R -130-22 providing for annual adjustments in CR&R’s refuse collection rates based on: 1) implementing regulations pursuant to SB-1383 (Short -Lived Climate Pollutants (SLCP): Organic Waste Methane Emissions Reductions) and 2) the Consumer Price Index (CPI) for the San Bernardino/Riverside/Ontario region including any increase in tipping/disposal fees from County operated landfills (which are 6 Packet Pg. 209
Staff Report to the Mayor and City Council
Budget Amendment - CR&R Disposal Services
September 5, 2023
a ‘pass -through’ expense by CR&R to the City). Pursuant to Resolution R -130-22, the refuse rates are automatically adjusted by the CPI each year on July 1 st beginning in Fiscal Year 2023/2024 through Fiscal Year 2027/2028.
In addition to the annual increases effective Jul y 1, 2023, the Resolution also includes an initial rate adjustment that took effect January 1, 2023.
ISSUES/ANALYSIS
When reviewing CR&R’s residential disposal services at mid -year (prior to adopting Resolution R-130-22), refuse collection expenses and revenue were in -line with our projected budget.
However, due to the rate increase for residential service charges of approximately 21% ($5.58) per month for over 10,000 residential customers, the monthly expenditures and revenue increased considerably. The increase was partially reflected in the January billing and fully realized in the February billing and the months following.
Staff is hereby requesting approval to increase the appropriation for Fiscal Year 2022 -2023 by $268,000 to pay for CR&R’s June 2023 invoice.
Additionally, the revenue account for refuse billing will exceed its appropriation by $345,630.
Staff is requesting a budget adjustment to reflect the increased revenue.
FISCAL IMPACTS
Approval of R-83-23 will amend the FY 2022-2023 budget to:
Increase appropriations in Solid Waste Fund Professional Services Account Number 523-6150-6163-2350-0000-000 by $268,000.
Increase revenue budget in Solid Waste Fund Refuse Billing Account Number 523-6717-000 by $345,630.
ENVIRONMENTAL IMPACTS
None.
ALTERNATIVES
Provide alternative direction to staff.
ATTACHMENT
1. Resolution R-83-23
6 Packet Pg. 210
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
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25 26
27 28
- 1 -
RESOLUTION NO. R-83-23
A RESOLUTION OF THE CITY COUNCIL, AMENDING THE FISCAL
YEAR 2022/2023 BUDGET FOR THE PUBLIC WORKS SOLID WASTE
DIVISION PROFESSIONAL SERVICES EXPENDITURE ACCOUNT BY
$268,000 AND THE REFUSE BILLING REVENUE ACCOUNT BY $345,630
WHEREAS, the budget for fiscal year 2022-23 has been approved by City Council, and must now be amended to increase the appropriation in the Public Works, Solid Waste , Professional Services line item for costs associated with Residential Disposal Services; and, WHEREAS, t he funding will be utilized to pay for CR&R’s June 2023 invoice for Residential Disposal Services by amending the Professional Services Expenditure Account for FY 2022/2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The City Council hereby amends the fiscal year 2022-23 budget appropriation as follows:
Increase appropriations in Solid Waste Fund Professional Services Account Number 523-6150-6163-2350-0000-000 by $268,000.
Increase revenue budget in Solid Waste Fund Refuse Billing Account Number 523- 6717-000 by $345,630.
PASSED, ADOPTED AND APPROVED THIS 5TH DAY OF SEPTEMBER
2023.
______________________________
FRANK J. NAVARRO
Mayor
ATTEST:
_____________________________
STEPHANIE M. VARGAS
Deputy City Clerk
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Attachment: Resolution R-83-23 (4205 : Budget Amendment - CR&R Disposal Services)
ITEM NO. 7
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS AND UTILITY SERVICES
DIRECTOR
SUBJECT: AWARD CONTRACT TO RESOURCE ENVIRONMENTAL INC. FOR DEMOLITION OF RIALTO CONCRETE TANK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Award a construction contract in accordance with Colton Municipal Code (CMC) Section
3.08.090 to Resource Environmental Inc. as the lowest responsive and responsible bidder for the Demolition of the Rialto Concrete Tank for $115,000.
BACKGROUND
The concrete water tank, known as Rialto Reservoir I, was commissioned by the Works Progress Administration and constructed in 1934. The tank was removed from service in the 1990’s and had been filled with water until it was drained last year. The tank sits on property owned by the City of Colton located within the City of San Bernardino. The concrete tank stands 30’ feet tall and has a diameter of approximately 110’ feet with a capacity of about 3 million gallons. The tank is located in the Central Pressure Zone.
ISSUES/ANALYSIS
The tank was decommissioned and has been out of functional use and service since the early 1990’s due to a leak. The tank does not meet the current seismic and safety codes due to the age and material of the structure. A hazardous material assessment, including lead and asbestos surveys, was conducted on the project site by Ecologics Laboratories on May 14, 2 018, and no collected materials were identified that fall within the regulatory authority of EPA, OSHA, Cal - OSHA or the SCAQMD.
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Contract Award - Resource Environmental Inc.
September 5, 2023
In accordance with Colton Municipal Code (CMC) Section 3.08. 090, staff solicited and received bids for the Demolition of the Rialto Concrete Tank Project. The bid was advertised in the Press Enterprise newspaper on July 14, 2023 , and opened on August 3, 2023.The bids received are as follows:
1. Resource Environmental Inc. $115,000.00
2. Standard Demolition Inc. $148,721.00
3. Harber Companies, Inc. $207,500.00
4. Silverado Contractors Inc. $245,000.00
5. Interior Demolition Inc. $335,834.00
6. T3 Contractors Corp. $391,657.00
Staff evaluated and reviewed each submitted bid. Staff recommends award of the construction contract t o the lowest responsive and responsible bidder, Resource Environmental Inc., for $115,000 for the Demolition of the Rialto Concrete Tank Project.
ENVIRONMENTAL IMPACTS
Staff recommends that the Demolition of the Rialto Concrete Tank Project be determined Categorically Exempt under California Environmental Quality Act (CEQA) Guidelines Section 15301(b) – Existing facilities. A Notice of Exemption for the project will be filed with the County Clerk should Council take the actions recommended by the Staff.
FISCAL IMPACTS
Sufficient appropriations for the Demolition of the Rialto Concrete Tank Project are available in the FY2023-24 budget in Water Fund Reservoirs Capital Improvement Account #521 -8100- 8104-3890-0000-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Contract - Demo Rialto Tank Project
7 Packet Pg. 213
CONTRACT
27 CONTRACT
THIS CONTRACT is made this 5th day of September, 2023, in the County of San Bernardino, State of California, by and between the City of Colton, hereinafter called City, and Resource Environmental Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:
ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict com pliance with the Contract Documents as specified in Article 5 below for the following Project:
DEMOLITION OF RIALTO CONCRETE TANK PROJECT
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION . The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within ONE HUNDRED TWENTY (120) calendar days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE . The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of ONE HUNDRED FIFTEEN THOUSAND AND ZERO Dollars ( $ 115,000.00 ). Payment shall be made as set forth in the General Conditions.
ARTICLE 4. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $500.00 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Contractor's Bid Forms
Contractor’s Certificate Regarding Workers’ Compensation Bid Bond
Designation of Subcontractors
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Attachment: Contract - Demo Rialto Tank Project (4192 : Contract Award - Resource Environmental Inc.)
CONTRACT
28 Information Required of Bidders
Non-Collusion Affidavit form
Contract
Performance Bond
Payment (Labor and Materials) Bond
General Conditions
Special Provisions (or Special Conditions)
-DBE
Technical Specifications
Greenbook Standard Specifications (Sections 1-9 Excluded) Addenda
Plans and Contract Drawings
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW. Each and every provision of law required to be included in th ese Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Project.
ARTICLE 7. INDEMNIFICATION. Contractor shall provide indemnification as set forth in the General Conditions.
ARTICLE 8. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at Public Works Department or may be obtained online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site. If the Work involves federal funds or otherwise requires compliance with the Davis-Bacon Fair Labor Standards Act, the Contractor and all its subcontractors shall comply with the higher of the state or federal prevailing wage rates.
IN WITNESS WHE REOF, this Contract has been duly executed by the above -named parties, on the day and year above written.
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Attachment: Contract - Demo Rialto Tank Project (4192 : Contract Award - Resource Environmental Inc.)
CONTRACT
29 CITY OF COLTON
By:
______________________________
Signature
______________________________
Name
______________________________
Title
Attest:
______________________________
City Clerk
Recommended By:
______________________________
Signature
______________________________
Name
______________________________
Title
RESOURCE ENVIRONMENTAL INC.
By:
______________________________
Signature
______________________________
Name
______________________________
Title
______________________________
License Number
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Attachment: Contract - Demo Rialto Tank Project (4192 : Contract Award - Resource Environmental Inc.)
ITEM NO. 8
STAFF REPORT
DATE: SEPTEMBER 5, 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 NOTICE OF COMPLETION (NOC) FOR THE CITY OF COLTON’S DOWNTOWN PASEO IMPROVEMENT PROJECT WITH
THREE PEAKS CORP.
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 City’s Downtown Paseo Improvement Project with Three Peaks Corp.
BACKGROUND
On June 21, 2022, the City Council awarded Three Peaks Corp a contract in the amount of $496,988.50 to renovate the City’s downtown area via the Downtown Paseo Improvement Project.
ISSUES/ANALYSIS
City Council approved two change orders for the project. On February 7, 2023, the City Council authorized Change Order No. 1 in the amount of $181,546.50 to reflect Phase 2 , which included decorative fencing, hardscape/concrete works, and landscape. On May 2, 2023, the City Council authorized Change Order No. 2 and the Adoption of Resolution R -29-23 in the amount of $67,208.70 to reflect additional safety barriers needed for the project. This brings the total contract amount to $745,743.70.
On July 1, 2023, Three Peaks Corp. completed the Downtown Paseo Improvement Project, which is a redevelopment to enhance a pedestrian walkway in the City’s downtown area 8 Packet Pg. 249
Staff Report to the Mayor and City Council
Notice of Completion - Downtown Paseo Improvement Project September 5, 2023
(“Downtown Pedestrian Paseo”). This enhancement of the pedestrian area is a 20-feet wide city- owned alley spanning from La Cadena Dr. to 7 th Street. The project’s scope of work included concrete, landscaping, lighting, shade structures, entry monuments, sitting areas and other amenities. The project is now complete to the satisfaction of the Project Manager.
FISCAL IMPACTS
Funding for the construction of the Downtown Paseo project was provided by a grant from the State of California Natural Resources Agency and Local Fiscal Recovery Funds.
Downtown Paseo Pedestrian Improvement Project:
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A - Notice of Completion
8 Packet Pg. 250
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: N/A 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 AP PROPRIATE 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 July 01, 2023
8. The name of the original contractor, if any, for the work of improvement was Three Peaks Corp.
The kind of work done or material furnished was renovation of downtown alleyway.
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: Downtown Paseo Project.
The street address of the said property is 160 S. 10 St. Colton, CA 92324-2897
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 - Notice of Completion (4188 : Notice of Completion - Downtown Paseo Improvement Project)
ITEM NO. 9
STAFF REPORT
DATE: SEPTEMBER 5, 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 NOTICE OF COMPLETION FOR THE F STREET 16" WATER TRANSMISSION LINE.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the execution and recordation of a Notice of Completion for East F Street 16 -inch Transmission Pipeline Project
BACKGROUND
The construction of a new 16 -inch water transmission mainline was recently completed, as identified in the City of Colton recent Water Master Plan (2016). The completed construction of the transmission line was along East “F” Street from La Cadena Drive t o Mt. Vernon Avenue in order to effectively meet the recommended water production capacity and supply of the City.
The completed project is alleviating operations of transporting the water from the wells to the reservoirs while increasing the efficiency du ring its operations and peak demand. In addition, the completed 16-inch water transmission mainline project is an essential component for the City’s future developments and reliable supply to the residents.
ISSUES/ANALYSIS
On December 20, 2022, the Cit y Council awarded the construction contract to Borden Excavating for the East F Street 16-inch Transmission Pipeline Project for $827,444. The Notice to Proceed for the Project was issued on May 16, 2023. The final con tract amount for this project was $7 48,478.64, because final paving of the trench line was eliminated and will be included in a paving project which was approved on July 18, 2023. By including it in a street 9 Packet Pg. 252
Staff Report to the Mayor and City Council
Notice of Completion - F Street Transmission Line
September 5, 2023
paving project , the cost per square foot will be less, and a newly paved trench wil l not be removed and replaced. The Project was completed per updated plans and specifications on July 21, 2023.
FISCAL IMPACTS
The project was funded by the Water Utility Fund in the Mainline Replacement Capital Improvement Account #521 -8100-8106-3890-0000-000. Filing the Notice of Completion does not have an additional fiscal impact.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Exhibit A- Notice of Completion
9 Packet Pg. 253
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
NO APN 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
3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324
4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPR OPRIATE 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 July 20, 2023
8. The name of the original contractor, if any, for the work of improvement was Borden Excavating. The kind of work done or material furnished was Installation of water line.
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: East F Street 16-inch Transmission Pipeline Project.
The street address of the said property is in the vicinity of East F Street, Colton CA 92324 (NO APN)
Dated: 9/5/2023 ______________________________________(Signature) Victor Ortiz, P.E., 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 corre ct.
Executed at _______Colton_________, California, this _______5th______ day of _______September, 2023.
____________________________________________________
(SIGNATURE)
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Attachment: Exhibit A- Notice of Completion (4190 : Notice of Completion - F Street Transmission Line)
ITEM NO. 10
STAFF REPORT
DATE: SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY, AND APPROVE
SECOND READING OF AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF COLTON AMENDING TITLE 18, SECTION
18.48.150 OF THE COLTON MUNICIPAL CODE RELATING TO
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINING THE ADOPTION OF THE
ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO.
DAP-001-810), ORDINANCE NO. O-10-23.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
It is recommended to that the City Council Waive ful l reading, and Approve Second Reading of
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF THE CITY OF COLTON MUNICIPAL CODE
RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY
DWELLING UNITS AND DETERMINI NG THE ORDINANCE TO BE EXEMPT FROM CEQA
ATTACHMENT
1. Planning Commission Resolution No. R-18-23
2. City Council Draft Ordinance No. O-10-23 - (redlined and strike-thru)
3. City Council Ordinance No. O-10-23
10 Packet Pg. 255
23152.06300\41318891.2
RESOLUTION NO. R-18-23 1
2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 3 COLTON, CALIFORNIA, RECOMMENDING THAT THE CITY 4
COUNCIL ADOPT AN ORDINANCE AMENDING TITLE 18, SECTION 5
18.48.150 OF THE COLTON MUNICIPAL CODE RELATING TO 6
ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY 7
DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 8
ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER 9
PUBLIC RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810) 10 11 WHEREAS, the Planning and Zoning Law authorizes cities to act by ordinance to provide 12 for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory 13 dwelling units (“JADUs”); and 14
15 WHEREAS, in 2022, the California Legislature approved, and the Governor signed into 16 law a number of bills (“New ADU Laws”) that, among other things, amended Government Code 17 section 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and 18 JADUs; and 19
20 WHEREAS, the New ADU Laws took effect January 1, 202 3, and if the City’s ADU 21 ordinance does not comply with the New ADU Laws, the City’s ordinance becomes null and void 22 as a matter of law; and 23
24 WHEREAS, the City desires to amend its local regulatory scheme for the construction of 25 ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 26 and 65852.22; and 27
28 WHEREAS, on May 12, 2023, the City gave public notice of the public hearing for the 29 proposed ordinance by publishing in a newspaper of general circulation of a Planning Commission 30 public hearing at which the ordinance would be considered; and 31
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2 WHEREAS, on May 23 , 202 3, the Planning Commissi on held a duly -noticed public 1 hearing and considered the staff report, recommendations by staff, and public testimony 2 concerning the proposed ordinance. 3
4 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF 5 COLTON DOES RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: 6 7 Section 1. Under California Public Resources Code section 21080.17, the California 8 Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or 9 county implementing the provisions of section 65852.2 of the Gove rnment Code, which is 10 California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, 11 the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance 12 implements the State’s ADU law. 13
14 Section 2. Based on the entire record before the Planning Commission, and all written and 15 oral evidence presented, the Planning Commission hereby finds that the proposed ordinance is 16 consistent with the City’s adopted General Plan as the purpose of the proposed ordinance is to 17 comply with the amended provisions of Government Code sections 65852.2 and 65852.22 . The 18 proposed ordinance does not otherwise conflict with any of the General Plan’s goals or policies. 19 20 Section 5. The Planning Commission hereby recommends that the City Council adopt the 21 attached proposed ordinance ( Attachment A) entitled: AN ORDINANCE OF THE CITY 22 COUNCIL OF THE CITY OF COLTON AMENDING TITLE 18, SECTION 18.48.150 OF THE 23 CITY OF COLTON MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS 24 AND JUNIOR ACCESSORY DWELLING UNITS AND DETERMINING THE ACTION TO 25 BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE 26 § 21080.17. 27
28 SECTION 4. The Secretary shall certify the adoption of this Resolution. 29 30 PASSED, APPROVED AND ADOPTED this 23rd day of May, 2023. 31 32 10.a
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Attachment: Planning Commission Resolution No. R-18-23 (4197 : Second Reading of Ordinance No. O-10-23) 23152.06300\41318891.2
3 1
Planning Commission Chairperson 2
Richard Prieto 3
4 5
ATTEST: 6
7 8
9 Planning Commission Secretary 10
Mark R. Tomich, AICP 11
12 13
I hereby certify that the foregoing is a true copy of a Resolution adopted by the Planning 14 Commission of the City of Colton at a meeting held on May 23, 2023, by the following vote of the 15 Planning Commission: 16
17 AYES: 18
NOES: 19
ABSENT: 20
ABSTAIN: 21
22 23
24 Planning Commission Secretary 25
Mark R. Tomich, AICP 26
27 28
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Attachment: Planning Commission Resolution No. R-18-23 (4197 : Second Reading of Ordinance No. O-10-23) 23152.06300\41318891.2
1 ORDINANCE NO. O-10-23 2
3 AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON 4 MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR 5 ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 6 ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC 7 RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810) 8 WHEREAS, the City Council of the City of Colton desires to amend certain provisions of 9 the Colton Zoning Code to ensure consistency with state law; and 10 WHEREAS, all prerequisites to the adoption of this ordinance have occurred. 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON 12 HEREBY DOES ORDAIN AS FOLLOWS: 13
SECTION 1. FINDINGS. The City Council of the City of Colton hereby finds that: 14 A. The City of Colton, California (the “City”) is a municipal corporation, duly 15 organized under the constitution and laws of the State of California. 16 B. The Planning and Zoning Law authorizes cities to act by ordinance to provide for 17 the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling 18 units (“JADUs”). 19
C. In 2022, the California Legislature approved, and the Governor signed into law a 20 number of bills (“New ADU Laws”) that, among other things, amended Government Code section 21 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. 22 D. The New ADU Laws took effect January 1, 202 3, and because the City’s ADU 23 ordinance did not comply with the New ADU Laws, the City’s ordinance became null and void on 24 that date as a matter of law. 25
E. The City desires to amend its local regulatory scheme for the construction of ADUs 26 and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 27 65852.22. 28
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2 F. Failure to comply with Government Code sections 65852.2 and 65852.22 (as 1 amended) as of January 1, 202 3 rendered the City’s ordinance regulating ADUs and JADUs null 2 and void, thereby limiting the City to the application of the few default standards provided in 3 Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. 4 G. The approval of ADUs and JADUs based solely on the default statutory standards, 5 without local regulations governing height, setback, landscape, architectural review, among other 6 things, would threaten the character of existing neighborhoods, and negatively impact property 7 values, personal privacy, and fire safety. 8
H. The City Council has reviewed and considered the public testimony and agenda 9 reports prepared in connection with this ordinance, including the policy considerations discussed 10 therein, and the consideration and recommendation by the City’s Planning Commission. 11 I. In accordance with the California Environmental Quality Act (Pub. Resources 12 Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs., § 15000 13 et seq.), the City has determined that the revisions to the Colton Municipal Code are exempt from 14 environmental review. 15
SECTION 2. AMENDMENT. Section 18.48.150 of the Colton Municipal Code, Chapter 16
18.48, is hereby amended to read in its entirety as follows: 17 18 SECTION 18.48.150 – ACCESSORY DWELLING UNITS 19
20 Section 18.48.150 - Accessory Dwelling Units 21
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units 22 (ADUs) and junior accessory dwelling units (JADUs) in compliance with California 23 Government Code sections 65852.2 and 65852.22. 24
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section 25 will not be: 26
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for 27 the lot on which the ADU or JADU is located. 28
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is 29 located. 30
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3 (3) Considered in the application of any local ordinance, policy, or program to limit 1 residential growth. 2
(4) Required to correct a nonconforming zoning condition, as defined in subsection 3 (c)(7) below. This does not prevent the City from enforcing compliance with 4 applicable building standards in accordance with Health and Safety Code section 5 17980.12. 6
(c) Definitions. As used in this section, terms are defined as follows: 7 (1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential 8 dwelling unit that provides complete independent living facilities for one or more 9 persons and is located on a lot with a proposed or existing primary residence. An 10 accessory dwelling unit also includes the following: 11 (A) An efficiency unit, as defined by section 17958.1 of the California 12 Health and Safety Code; and 13
(B) A manufactured home, as defined by section 18007 of the 14 California Health and Safety Code. 15
(2) “Accessory structure” means a structure that is accessory and incidental to a 16 dwelling located on the same lot. 17
(3) “Complete independent living facilities” means permanent provisions for living, 18 sleeping, eating, cooking, and sanitation on the same parcel as the single-family 19 or multifamily dwelling is or will be situated. 20
(4) “Efficiency kitchen” means a kitchen that includes all of the following: 21 (A) A cooking facility with appliances. 22
(B) A food preparation counter and storage cabinets that are of a 23 reasonable size in relation to the size of the JADU. 24 (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies 25 all of the following: 26
(A) It is no more than 500 square feet in size. 27
(B) It is contained entirely within an existing or proposed single-28 family structure. An enclosed use within the residence, such as an 29 attached garage, is considered to be a part of and contained within 30 the single-family structure. 31
(C) It includes its own separate sanitation facilities or shares 32 sanitation facilities with the existing or proposed single-family 33 structure. 34
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4 (D) If the unit does not include its own separate bathroom, then it 1 contains an interior entrance to the main living area of the existing 2 or proposed single-family structure in addition to an exterior 3 entrance that is separate from the main entrance to the primary 4 dwelling. 5
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) 6 above. 7
(6) “Living area” means the interior habitable area of a dwelling unit, including 8 basements and attics, but does not include a garage or any accessory structure. 9 (7) “Nonconforming zoning condition” means a physical improvement on a property 10 that does not conform with current zoning standards. 11 (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends 12 from a street to one entrance of the ADU or JADU. 13
(9) "Primary residence" means a proposed or existing residential dwelling 14 constructed on a lot as the main permitted use by the zone on said parcel. 15 (10) “Proposed dwelling” means a dwelling that is the subject of a permit application 16 and that meets the requirements for permitting. 17
(11) “Public transit” means a location, including, but not limited to, a bus stop or train 18 station, where the public may access buses, trains, subways, and other forms of 19 transportation that charge set fares, run on fixed routes, and are available to the 20 public. 21
(12) “Tandem parking” means that two or more automobiles are parked on a driveway 22 or in any other location on a lot, lined up behind one another. 23 (d) Approvals. The following approvals apply to ADUs and JADUs under this section: 24 (1) Building-permit Only. If an ADU or JADU complies with each of the general 25 requirements in subsection (e) below, it is allowed with only a building permit in 26 the following scenarios: 27
(A) Converted on Single-family Lot: One ADU as described in this 28 subsection (d)(1)(A) and one JADU on a lot with a proposed or 29 existing single-family dwelling on it, where the ADU or JADU: 30 (i) Is either: within the space of a proposed single-family dwelling; 31 within the existing space of an existing single-family dwelling; or 32 (in the case of an ADU only) within the existing space of an 33 accessory structure, plus up to 150 additional square feet if the 34 expansion is limited to accommodating ingress and egress; and 35
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5 (ii) Has exterior access that is independent of that for the single-family 1 dwelling; and 2
(iii) Has side and rear setbacks sufficient for fire and safety, as dictated 3 by applicable building and fire codes. 4
(iv) The JADU complies with the requirements of Government Code 5 Section 65852.22. 6
(B) Limited Detached on Single-family Lot: One detached, new-7 construction ADU on a lot with a proposed or existing single-8 family dwelling (in addition to any JADU that might otherwise be 9 established on the lot under subsection (d)(1)(A) above), if the 10 detached ADU satisfies each of the following limitations: 11 (i) The side- and rear-yard setbacks are at least four feet. 12 (ii) The total floor area is 1200 square feet or smaller. 13 (iii) The peak height above grade does not exceed the applicable height 14 limit in subsection (e)(2) below. 15
(C) Converted on Multifamily Lot: One or more ADUs within 16 portions of existing multifamily dwelling structures that are not 17 used as livable space, including but not limited to storage rooms, 18 boiler rooms, passageways, attics, basements, or garages, if each 19 converted ADU complies with state building standards for 20 dwellings. Under this subsection (d)(1)(C), at least one converted 21 ADU is allowed within an existing multifamily dwelling, up to a 22 quantity equal to 25 percent of the existing multifamily dwelling 23 units. 24
(D) Limited Detached on Multifamily Lot: No more than two 25 detached ADUs on a lot that has an existing or proposed 26 multifamily dwelling if each detached ADU satisfies both of the 27 following limitations: 28
(i) The side- and rear-yard setbacks are at least four feet. If the 29 existing multifamily dwelling has a rear or side yard setback of 30 less than four feet, the City will not require any modification to the 31 multifamily dwelling as a condition of approving the ADU. 32 (ii) The peak height above grade does not exceed the applicable height 33 limit provided in subsection (e)(2) below. 34
(2) ADU Permit. 35
(A) Except as allowed under subsection (d)(1) above, no ADU may be 36 created without a building permit and an ADU permit in 37 Commented [A1]: New added as extra information by the
state.
Commented [A2]: State allows 800 square feet, Colton uses 1200 square feet and it has worked out well for the City.
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6 compliance with the standards set forth in subsections (e) and (f) 1 below. 2
(B) The City may charge a fee to reimburse it for costs incurred in 3 processing ADU permits, including the costs of adopting or 4 amending the City’s ADU ordinance. The ADU-permit 5
processing fee is determined by the Development Services 6 Director and approved by the City Council by resolution. 7 (3) Process and Timing. 8
(A) An ADU permit is considered and approved ministerially, without 9 discretionary review or a hearing. 10
(B) The City must approve or deny an application to create an ADU 11 or JADU within 60 days from the date that the City receives a 12 completed application. If the City has not approved or denied the 13 completed application within 60 days, the application is deemed 14 approved unless either: 15
(i) The applicant requests a delay, in which case the 60-day time 16 period is tolled for the period of the requested delay, or 17 (ii) When an application to create an ADU or JADU is submitted with 18 a permit application to create a new single-family or multifamily 19 dwelling on the lot, the City may delay acting on the permit 20 application for the ADU or JADU until the City acts on the permit 21 application to create the new single-family or multifamily 22 dwelling, but the application to create the ADU or JADU will still 23 be considered ministerially without discretionary review or a 24 hearing. 25
(C) If the City denies an application to create an ADU or JADU, the 26 City must provide the applicant with comments that include, 27 among other things, a list of all the defective or deficient items 28 and a description of how the application may be remedied by the 29 applicant. Notice of the denial and corresponding comments must 30 be provided to the applicant within the 60-day time period 31 established by subsection (d)(3)(B) above. 32
(D) A demolition permit for a detached garage that is to be replaced 33 with an ADU is reviewed with the application for the ADU and 34 issued at the same time. 35
(e) General ADU and JADU Requirements. The following requirements apply to all 36 ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above: 37 (1) Zoning. 38
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7 (A) An ADU or JADU subject only to a building permit under 1 subsection (d)(1) above may be created on a lot in a residential or 2 mixed-use zone. 3
(B) An ADU or JADU subject to an ADU permit under subsection 4 (d)(2) above may be created on a lot that is zoned to allow single-5 family dwelling residential use or multifamily dwelling residential 6 use. 7
(2) Height. 8
(A) Except as otherwise provided by subsections (e)(2)(B) and 9 (e)(2)(C) below, a detached ADU created on a lot with an existing 10 or proposed single family or multifamily dwelling unit may not 11 exceed 35 feet in height. 12
(B) A detached ADU may be up to two stories with a maximum height 13 of 35 feet if it is created on a lot with an existing or proposed single 14 family or multifamily dwelling unit that is located within one-half 15 mile walking distance of a major transit stop or a high quality 16 transit corridor, as those terms are defined in Section 21155 of the 17 Public Resources Code. 18
(C) A detached ADU created on a lot with an existing or proposed 19 multifamily dwelling that has more than one story above grade 20 may not exceed two stories or 30 feet in height. 21
(D) An ADU that is attached to the primary dwelling may not exceed 22 35 feet in height or the height limitation imposed by the 23 underlying zone that applies to the primary dwelling, whichever is 24 lower. Notwithstanding the foregoing, ADUs subject to this 25 subsection (e)(2)(D) may not exceed two stories. 26
(E) For purposes of this subsection (e)(2), height is measured above 27 existing legal grade to the peak of the structure. 28 (3) Fire Sprinklers. 29
(A) Fire sprinklers are required in an ADU if sprinklers are required 30 in the primary residence. 31
(B) The construction of an ADU does not trigger a requirement for 32 fire sprinklers to be installed in the existing primary dwelling. 33 (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 34 days. This prohibition applies regardless of when the ADU or JADU was created. 35 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as 36 otherwise provided in Government Code Section 65852.26, no ADU or JADU 37 Commented [A3]: Staff recommends 35 to allow a second
story ADU consistent with current residential standard
requirements.
Commented [A4]: Staff increased height to allow second
story
Commented [A5]: Staff increased height to allow second
story
Commented [A6]: Staff increased height to allow second story
Commented [A7]: Height section is new to this part of the ADU Code clarifying height maximums. City may allow higher or heights relative to their codes.
Commented [A8]: New clarifying language.
Commented [A9]: Clarifying language regarding dates of
an ADU/JADU construction.
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8 may be sold or otherwise conveyed separately from the lot and the primary 1 dwelling (in the case of a single-family lot) or from the lot and all of the dwellings 2 (in the case of a multifamily lot). 3
(6) Septic System. If the ADU or JADU will connect to an onsite wastewater-4 treatment system, the owner must include with the application a percolation test 5 completed within the last five years or, if the percolation test has been recertified, 6 within the last 10 years. 7
(7) Owner Occupancy. 8
(A) An ADU that is permitted after January 1, 2020, but before 9 January 1, 2025, is not subject to any owner-occupancy 10 requirement. 11
(B) Unless applicable law requires otherwise, all ADUs that are 12 permitted on or after January 1, 2025 are subject to an owner-13 occupancy requirement. A natural person with legal or equitable 14 title to the property must reside on the property as the person’s 15 legal domicile and permanent residence. 16
(C) As required by state law, all JADUs are subject to an owner-17 occupancy requirement. A natural person with legal or equitable 18 title to the property must reside on the property, in either the 19 primary dwelling or JADU, as the person’s legal domicile and 20 permanent residence. However, the owner-occupancy requirement 21 in this subsection (e)(7)(C) does not apply if the property is 22 entirely owned by another governmental agency, land trust, or 23 housing organization. 24
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a 25 deed restriction must be recorded against the title of the property in the County 26 Recorder’s office and a copy filed with the Director or designee. The deed 27 restriction must run with the land and bind all future owners. The form of the deed 28 restriction will be provided by the City and must provide that: 29 (A) Except as otherwise provided in Government Code Section 30 65852.26, the ADU or JADU may not be sold separately from the 31 primary dwelling. 32
(B) The ADU or JADU is restricted to the approved size and to other 33 attributes allowed by this section. 34
(C) The deed restriction runs with the land and may be enforced 35 against future property owners. 36
(D) The deed restriction may be removed if the owner eliminates the 37 ADU or JADU, as evidenced by, for example, removal of the 38 kitchen facilities. To remove the deed restriction, an owner may 39 Commented [A10]: New language per state law
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9 make a written request of the Director, providing evidence that 1 the ADU or JADU has in fact been eliminated. The Director may 2 then determine whether the evidence supports the claim that the 3 ADU or JADU has been eliminated. Appeal may be taken from 4 the Director’s determination consistent with other provisions of 5 this Code. If the ADU or JADU is not entirely physically 6 removed, but is only eliminated by virtue of having a necessary 7 component of an ADU or JADU removed, the remaining structure 8 and improvements must otherwise comply with applicable 9 provisions of this Code. 10
(E) The deed restriction is enforceable by the director or his or her 11 designee for the benefit of the City. Failure of the property owner 12 to comply with the deed restriction may result in legal action 13 against the property owner, and the City is authorized to obtain 14 any remedy available to it at law or equity, including, but not 15 limited to, obtaining an injunction enjoining the use of the ADU 16 or JADU in violation of the recorded restrictions or abatement of 17 the illegal unit. 18
(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate 19 sites for housing in accordance with Government Code sections 65583.1 and 20 65852.2, the following requirements must be satisfied: 21 (A) With the building-permit application, the applicant must provide 22 the City with an estimate of the projected annualized rent that will 23 be charged for the ADU or JADU. 24
(B) Within 90 days after each yearly anniversary of the issuance of 25 the building permit, the owner must report the actual rent charged 26 for the ADU or JADU during the prior year. If the City does not 27 receive the report within the 90-day period, the owner is in 28 violation of this Code, and the City may send the owner a notice 29 of violation and allow the owner another 30 days to submit the 30 report. If the owner fails to submit the report within the 30-day 31 period, the City may enforce this provision in accordance with 32 applicable law. 33
(10) Building & Safety. 34
(A) Must comply with building code. Subject to subsection 35 (e)(10)(B) below, all ADUs and JADUs must comply with all 36 local building code requirements. 37
(B) No change of occupancy. Construction of an ADU does not 38 constitute a Group R occupancy change under the local building 39 code, as described in Section 310 of the California Building Code, 40 unless the Building Official makes a written finding based on 41 substantial evidence in the record that the construction of the 42 Commented [A11]: New language per state law.
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10 ADU could have a specific, adverse impact on public health and 1 safety. Nothing in this subsection (e)(10)(B) prevents the City 2 from changing the occupancy code of a space that was 3
uninhabitable space or that was only permitted for nonresidential 4 use and was subsequently converted for residential use in 5 accordance with this section. 6
(f) Specific ADU Requirements. The following requirements apply only to ADUs that 7 require an ADU permit under subsection (d)(2) above. 8
(1) Maximum Size. 9
(A) The maximum size of a detached or attached ADU subject to this 10 subsection (f) is 850 square feet for a studio or one-bedroom unit 11 and 1,200 square feet for a unit with two or more bedrooms. No 12 more than two bedrooms are allowed. 13
(B) An attached ADU that is created on a lot with an existing primary 14 dwelling is further limited to 75 percent of the floor area of the 15 existing primary dwelling. 16
(C) Application of other development standards in this subsection (f), 17 such as FAR or lot coverage, might further limit the size of the 18 ADU, but no application of the percent-based size limit in 19 subsection (f)(1)(B) above or of an FAR, front setback, lot 20 coverage limit, or open-space requirement may require the ADU 21 to be less than 800 square feet. 22
(2) Setbacks. 23
(A) An ADU that is subject to this subsection (f) must conform to a 24 25-foot front-yard setback. 25
(B) ADU that is subject to this subsection (f) must conform to 4-foot 26 side- and rear-yard setbacks. 27
(C) No setback is required for an ADU that is subject to this 28 subsection (f) if the ADU is constructed in the same location and 29 to the same dimensions as an existing structure. 30
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot 31 coverage of the lot to exceed 55 percent, subject to subsection (f)(1)(C) above. 32 (4) Minimum Open Space. No ADU subject to this subsection (f) may cause the 33 total percentage of open space of the lot to fall below 30 percent, subject to 34 subsection (f)(1)(C) above. 35
(5) Passageway. No passageway, as defined by subsection (c)(8) above, is required 36 for an ADU. 37
Commented [A12]: Restriction on bedrooms removed per
state law.
Commented [A13]: Due to smaller homes in the City, this requirement has worked well in practice. State does require minimum ADU size to be 800 square feet.
Commented [A14]: BBK: No, you don’t get to measure
setback from toe of slope. The statute is clear that it is from the property line. Period. No way around it.
Commented [A15]: Colton requirement. This has worked
well in practice.
Commented [A16]: Colton requirement. This has worked
well in practice.
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11 (6) Parking. 1
(A) Generally. One off-street parking space is required for each ADU. 2 The parking space may be provided in setback areas or as tandem 3 parking, as defined by subsection (c)(12) above. Off-street 4 parking shall be permitted in setback areas or through tandem 5 parking, unless specific findings are made that parking in 6 setback areas or tandem parking is not feasible based on specific 7 site or regional topographical or fire and safety conditions. 8 (B) The required parking space for the ADU must be located on the 9 same lot as the ADU. 10
(C) Access to all required parking for the ADU and primary dwelling 11 must be from a public street, an alley, or a recorded access 12 easement. For any lot served by a panhandle or easement access, 13 the access must be a minimum 20 feet in width. 14
(D) Curb cuts providing access from the public right-of-way to on-site 15 parking spaces must be approved by the City Engineer in 16 accordance with established, objective standards. A construction 17 permit from the City Engineer shall be obtained for any new or 18 widened curb cuts. 19
(E) Required parking spaces or required maneuvering area must be 20 free of any utility poles, support wires, guard rails, stand pipes or 21 meters. 22
(F) All required parking spaces must be kept clear for parking 23 purposes only. 24
(G) Exceptions. No parking under subsection (f)(6)(A) is required in 25 the following situations: 26
(i) The ADU is located within one-half mile walking distance of 27 public transit, as defined in subsection (c)(11) above. 28 (ii) The ADU is located within an architecturally and historically 29 significant historic district. 30
(iii) The ADU is part of the proposed or existing primary residence or 31 an accessory structure under subsection (d)(1)(A) above. 32 (iv) When on-street parking permits are required but not offered to the 33 occupant of the ADU. 34
(v) When there is an established car share vehicle stop located within 35 one block of the ADU. 36
Commented [A17]: Colton requirement. Worked well in
practice.
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12 (vi) When the permit application to create an ADU is submitted with an 1 application to create a new single -family or new multifamily 2 dwelling on the same lot, provided that the ADU or the lot satisfies 3 any other criteria listed in subsections (f)(6)(G)(i) through (v) above. 4 (H) No Replacement. When a garage, carport, or covered parking 5 structure is demolished in conjunction with the construction of an 6 ADU or converted to an ADU, those off-street parking spaces are 7 not required to be replaced. 8
(7) Architectural Requirements. 9
(A) The materials and colors of the exterior walls, roof, and windows 10 and doors must match the appearance and architectural design of 11 those of the primary dwelling. 12
(B) The roof slope must match that of the dominant roof slope of the 13 primary dwelling. The dominant roof slope is the slope shared by 14 the largest portion of the roof. 15
(C) The exterior lighting must be limited to down-lights or as 16 otherwise required by the building or fire code. 17
(D) The ADU must have an independent exterior entrance, apart from 18 that of the primary dwelling. 19
(E) The interior horizontal dimensions of an ADU must be at least 10 20 feet wide in every direction, with a minimum interior wall height 21 of seven feet. 22
(F) Windows and doors of the ADU may not have a direct line of 23 sight to an adjoining residential property. Fencing, landscaping, or 24 privacy glass may be used to provide screening and prevent a 25 direct line of sight. 26
(G) All windows and doors in an ADU are less than 30 feet from a 27 property line that is not a public right-of-way line must either be 28 (for windows) clerestory with the bottom of the glass at least six 29 feet above the finished floor, or (for windows and for doors) 30 utilize frosted or obscure glass. 31
(8) Landscape Requirements. Evergreen landscape screening must be planted and 32 maintained between the ADU and adjacent parcels as follows: 33 (A) At least one 15-gallon size plant shall be provided for every five 34 linear feet of exterior wall. Alternatively, at least one 24” box size 35 plant shall be provided for every ten linear feet of exterior wall. 36 Commented [A18]: New language per state law.
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13 (B) Plant specimens must be at least six feet tall when installed. As an 1 alternative, a solid fence of at least 6 feet in height may be 2 installed. 3
(C) All landscaping must be drought-tolerant. 4
(D) All landscaping must be from the City’s approved plant list. 5 (9) Historical Protections. An ADU that is on or within 600 feet of real property that 6 is listed in the California Register of Historic Resources must be located so as to 7 not be visible from any public right-of-way. 8
a. An ADU that is on same residential block as any real property that is listed in the 9 California Register of Historic Resources must comply with the Secretary of the 10 Interior's objective Standards for Preservation, Rehabilitation, Restoration, or 11 Reconstruction the Treatment of Historic Properties, as applicable. 12 b. An ADU on a designated historical site must comply with the following: 13 (1) The ADU must be located behind a primary residence that is determined to 14 be a historic resource. 15
(2) The construction of the ADU must not result in the removal of any other 16 historically significant accessory structure, such as a garage, outbuilding, 17 stable, or other similar structure. 18
(3) Construction of an ADU may not result in demolition, exterior alteration, 19 or relocation of any historic structure and any other on-site feature that 20 convey the historic significance of the structure and site. 21 (4) If a historic property is under a Mills Act contract with the City, the 22 contract must be amended to authorize the addition of the ADU to the 23 property. 24
(g) Fees. The following requirements apply to all ADUs that are approved under 25 subsections (d)(1) or (d)(2) above. 26
(1) Impact Fees. 27
(A) No impact fee is required for an ADU that is less than 750 square 28 feet in size. For purposes of this subsection (g)(1), “impact fee” 29 means a “fee” under the Mitigation Fee Act (Gov. Code 30 § 66000(b)) and a fee under the Quimby Act (Gov. Code 31 § 66477). “Impact fee” here does not include any connection fee 32 or capacity charge for water or sewer service. 33
(B) Any impact fee that is required for an ADU that is 750 square feet 34 or larger in size must be charged proportionately in relation to the 35 square footage of the primary dwelling unit. (E.g., the floor area 36 Commented [A19]: Historical section updated per BBK
recommendation.
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14 of the ADU, divided by the floor area of the primary dwelling, 1 times the typical fee amount charged for a new dwelling.) 2 (2) Utility Fees. 3
(A) If an ADU is constructed with a new single-family home, a 4 separate utility connection directly between the ADU and the 5 utility and payment of the normal connection fee and capacity 6 charge for a new dwelling are required. 7
(B) Except as described in subsection (g)(2)(A), converted ADUs on a 8 single-family lot that are created under subsection (d)(1)(A) above 9 are not required to have a new or separate utility connection 10 directly between the ADU and the utility. Nor is a connection fee 11 or capacity charge required. 12
(C) Except as described in subsection (g)(2)(A), all ADUs that are not 13 covered by subsection (g)(2)(B) require a new, separate utility 14 connection directly between the ADU and the utility. 15 (i) The portion of the fee or charge that is charged by the City 16 may not exceed the reasonable cost of providing this 17 service. 18
(h) Nonconforming Zoning Code Conditions, Building Code Violations, and 19 Unpermitted Structures. 20
(1) Generally. The City will not deny an ADU or JADU application due to a 21 nonconforming zoning condition, building code violation, or unpermitted 22 structure on the lot that does not present a threat to the public health and safety 23 and that is not affected by the construction of the ADU or JADU. 24 (2) Unpermitted ADUs constructed before 2018. 25
(A) Permit to Legalize. As required by state law, the City may not 26 deny a permit to legalize an existing but unpermitted ADU that 27 was constructed before January 1, 2018, if denial is based on 28 either of the following grounds: 29
(i) The ADU violates applicable building standards, or 30 (ii) The ADU does not comply with the state ADU law (Government 31 Code section 65852.2) or this ADU ordinance (section 18.48.150). 32 (B) Exceptions: 33
(i) Notwithstanding subsection (h)(2)(A) above, the City may deny a 34 permit to legalize an existing but unpermitted ADU that was 35 constructed before January 1, 2018, if the City makes a finding that 36 Commented [A20]: D and E incorporated into C
Commented [A21R20]: BBK: Indent to make it obvious,
otherwise the reference to “the connection” is floating.
Commented [A22]: New language per state law.
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15 correcting a violation is necessary to protect the health and safety 1 of the public or of occupants of the structure. 2
(ii) Subsection (h)(2)(A) above does not apply to a building that is 3 deemed to be substandard in accordance with California Health 4 and Safety Code section 17920.3. 5
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that 6 does not conform to the objective standards set forth in subsections (a) through (h) of this 7 section may be allowed by the City with a conditional use permit, in accordance with the 8 other provisions of this title. 9
10 SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 11 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 12 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 13 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 14 thereof. The City Council hereby declares that it would have passed each section, subsection, 15 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 16 or more subsections, subdiv isions, paragraphs, sentences, clauses, or phrases be declared 17 unconstitutional, or invalid, or ineffective. 18
19 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY 20
ACT FINDING. The City Council Finds that under California Public 21 Resources Code section 21080.17, the California Environmental Quality Act 22 (“CEQA”) does not apply to the adoption of an ordinance by a city or county 23 implementing the provisions of section 65852.2 of the Government Code, 24 which is California’s ADU law and which also regulates JADUs, as defined by 25 section 65852.22. Therefore, the proposed ordinance is statutorily exempt from 26 CEQA in that the proposed ordinance implements the State’s ADU law 27 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect 28 and be in full force and operation from and after thirty (30) days after its final 29 passage and adoption. 30
SECTION 6. PUBLICATION. The City Clerk shall certify to the 31 adoption of this ordinance. Not later than fifteen (15) days following the 32 passage of this ordinance, the ordinance, or a summary thereof, along with the 33 names of the City Council members voting for and against the ordinance, shall 34
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16 be published in a newspaper of general circulation in the City of Colton. 1 SECTION 7. FILING. The City Clerk shall submit a copy of this 2 ordinance to the Department of Housing and Community Development within 3 60 days after adoption. The City Clerk shall also submit a Notice of Exemption 4 within three days after adoption. 5
PASSED, APPROVED AND ADOPTED by the City Council of the City of 6 Colton, California, at a regular meeting of the City Council held on the ___ day 7 of _________, 2023 by the following vote: 8
AYES: 9
NOES: 10
ABSENT: 11
ABSTAIN: 12
______________________________13
_ 14
FRANK J. NAVARRO, Mayor 15
ATTEST: 16
________________________________ 17
STEPHANIE VARGAS, Deputy City Clerk 18
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1 ORDINANCE NO. O-10-23 2
3 AN ORDINANCE AMENDING TITLE 18, SECTION 18.48.150 OF THE COLTON 4 MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR 5 ACCESSORY DWELLING UNITS AND DETERMINING THE ADOPTION OF THE 6 ORDINANCE TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC 7 RESOURCES CODE § 21080.17 (FILE INDEX NO. DAP-001-810) 8 WHEREAS, the City Council of the City of Colton desires to amend certain provisions of 9 the Colton Zoning Code to ensure consistency with state law; and 10 WHEREAS, all prerequisites to the adoption of this ordinance have occurred. 11 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COLTON 12 HEREBY DOES ORDAIN AS FOLLOWS: 13
SECTION 1. FINDINGS. The City Council of the City of Colton hereby finds that: 14 A. The City of Colton, California (the “City”) is a municipal corporation, duly 15 organized under the constitution and laws of the State of California. 16 B. The Planning and Zoning Law authorizes cities to act by ordinance to provide for 17 the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling 18 units (“JADUs”). 19
C. In 2022, the California Legislature approved, and the Governor signed into law a 20 number of bills (“New ADU Laws”) that, among other things, amended Government Code section 21 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. 22 D. The New ADU Laws took effect January 1, 202 3, and because the City’s ADU 23 ordinance did not comply with the New ADU Laws, the City’s ordinance became null and void on 24 that date as a matter of law. 25
E. The City desires to amend its local regulatory scheme for the construction of ADUs 26 and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 27 65852.22. 28
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2 F. Failure to comply with Government Code sections 65852.2 and 65852.22 (as 1 amended) as of January 1, 202 3 rendered the City’s ordinance regulating ADUs and JADUs null 2 and void, thereby limiting the City to the application of the few default standards provided in 3 Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs. 4 G. The approval of ADUs and JADUs based solely on the default statutory standards, 5 without local regulations governing height, setback, landscape, architectural review, among other 6 things, would threaten the character of existing neighborhoods, and negatively impact property 7 values, personal privacy, and fire safety. 8
H. The City Council has reviewed and considered the public testimony and agenda 9 reports prepared in connection with this ordinance, including the policy considerations discussed 10 therein, and the consideration and recommendation by the City’s Planning Commission. 11 I. In accordance with the California Environmental Quality Act (Pub. Resources 12 Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs., § 15000 13 et seq.), the City has determined that the revisions to the Colton Municipal Code are exempt from 14 environmental review. 15
SECTION 2. AMENDMENT. Section 18.48.150 of the Colton Municipal Code, Chapter 16
18.48, is hereby amended to read in its entirety as follows: 17 18 SECTION 18.48.150 – ACCESSORY DWELLING UNITS 19
20 Section 18.48.150 - Accessory Dwelling Units 21
(a) Purpose. The purpose of this section is to allow and regulate accessory dwelling units 22 (ADUs) and junior accessory dwelling units (JADUs) in compliance with California 23 Government Code sections 65852.2 and 65852.22. 24
(b) Effect of Conforming. An ADU or JADU that conforms to the standards in this section 25 will not be: 26
(1) Deemed to be inconsistent with the City’s general plan and zoning designation for 27 the lot on which the ADU or JADU is located. 28
(2) Deemed to exceed the allowable density for the lot on which the ADU or JADU is 29 located. 30
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3 (3) Considered in the application of any local ordinance, policy, or program to limit 1 residential growth. 2
(4) Required to correct a nonconforming zoning condition, as defined in subsection 3 (c)(7) below. This does not prevent the City from enforcing compliance with 4 applicable building standards in accordance with Health and Safety Code section 5 17980.12. 6
(c) Definitions. As used in this section, terms are defined as follows: 7 (1) “Accessory dwelling unit” or “ADU” means an attached or a detached residential 8 dwelling unit that provides complete independent living facilities for one or more 9 persons and is located on a lot with a proposed or existing primary residence. An 10 accessory dwelling unit also includes the following: 11 (A) An efficiency unit, as defined by section 17958.1 of the California 12 Health and Safety Code; and 13
(B) A manufactured home, as defined by section 18007 of the 14 California Health and Safety Code. 15
(2) “Accessory structure” means a structure that is accessory and incidental to a 16 dwelling located on the same lot. 17
(3) “Complete independent living facilities” means permanent provisions for living, 18 sleeping, eating, cooking, and sanitation on the same parcel as the single-family 19 or multifamily dwelling is or will be situated. 20
(4) “Efficiency kitchen” means a kitchen that includes all of the following: 21 (A) A cooking facility with appliances. 22
(B) A food preparation counter and storage cabinets that are of a 23 reasonable size in relation to the size of the JADU. 24 (5) “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies 25 all of the following: 26
(A) It is no more than 500 square feet in size. 27
(B) It is contained entirely within an existing or proposed single-28 family structure. An enclosed use within the residence, such as an 29 attached garage, is considered to be a part of and contained within 30 the single-family structure. 31
(C) It includes its own separate sanitation facilities or shares 32 sanitation facilities with the existing or proposed single-family 33 structure. 34
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4 (D) If the unit does not include its own separate bathroom, then it 1 contains an interior entrance to the main living area of the existing 2 or proposed single-family structure in addition to an exterior 3 entrance that is separate from the main entrance to the primary 4 dwelling. 5
(E) It includes an efficiency kitchen, as defined in subsection (c)(4) 6 above. 7
(6) “Living area” means the interior habitable area of a dwelling unit, including 8 basements and attics, but does not include a garage or any accessory structure. 9 (7) “Nonconforming zoning condition” means a physical improvement on a property 10 that does not conform with current zoning standards. 11 (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends 12 from a street to one entrance of the ADU or JADU. 13
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application 14 and that meets the requirements for permitting. 15
(10) “Public transit” means a location, including, but not limited to, a bus stop or train 16 station, where the public may access buses, trains, subways, and other forms of 17 transportation that charge set fares, run on fixed routes, and are available to the 18 public. 19
(11) “Tandem parking” means that two or more automobiles are parked on a driveway 20 or in any other location on a lot, lined up behind one another. 21 (d) Approvals. The following approvals apply to ADUs and JADUs under this section: 22 (1) Building-permit Only. If an ADU or JADU complies with each of the general 23 requirements in subsection (e) below, it is allowed with only a building permit in 24 the following scenarios: 25
(A) Converted on Single-family Lot: One ADU as described in this 26 subsection (d)(1)(A) and one JADU on a lot with a proposed or 27 existing single-family dwelling on it, where the ADU or JADU: 28 (i) Is either: within the space of a proposed single-family dwelling; 29 within the existing space of an existing single-family dwelling; or 30 (in the case of an ADU only) within the existing space of an 31 accessory structure, plus up to 150 additional square feet if the 32 expansion is limited to accommodating ingress and egress; and 33 (ii) Has exterior access that is independent of that for the single-family 34 dwelling; and 35
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5 (iii) Has side and rear setbacks sufficient for fire and safety, as dictated 1 by applicable building and fire codes. 2
(iv) The JADU complies with the requirements of Government Code 3 Section 65852.22. 4
(B) Limited Detached on Single-family Lot: One detached, new-5 construction ADU on a lot with a proposed or existing single-6 family dwelling (in addition to any JADU that might otherwise be 7 established on the lot under subsection (d)(1)(A) above), if the 8 detached ADU satisfies each of the following limitations: 9 (i) The side- and rear-yard setbacks are at least four feet. 10 (ii) The total floor area is 1200 square feet or smaller. 11 (iii) The peak height above grade does not exceed the applicable height 12 limit in subsection (e)(2) below. 13
(C) Converted on Multifamily Lot: One or more ADUs within 14 portions of existing multifamily dwelling structures that are not 15 used as livable space, including but not limited to storage rooms, 16 boiler rooms, passageways, attics, basements, or garages, if each 17 converted ADU complies with state building standards for 18 dwellings. Under this subsection (d)(1)(C), at least one converted 19 ADU is allowed within an existing multifamily dwelling, up to a 20 quantity equal to 25 percent of the existing multifamily dwelling 21 units. 22
(D) Limited Detached on Multifamily Lot: No more than two 23 detached ADUs on a lot that has an existing or proposed 24 multifamily dwelling if each detached ADU satisfies both of the 25 following limitations: 26
(i) The side- and rear-yard setbacks are at least four feet. If the 27 existing multifamily dwelling has a rear or side yard setback of 28 less than four feet, the City will not require any modification to the 29 multifamily dwelling as a condition of approving the ADU. 30 (ii) The peak height above grade does not exceed the applicable height 31 limit provided in subsection (e)(2) below. 32
(2) ADU Permit. 33
(A) Except as allowed under subsection (d)(1) above, no ADU may be 34 created without a building permit and an ADU permit in 35 compliance with the standards set forth in subsections (e) and (f) 36 below. 37
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6 (B) The City may charge a fee to reimburse it for costs incurred in 1 processing ADU permits, including the costs of adopting or 2 amending the City’s ADU ordinance. The ADU-permit 3
processing fee is determined by the Development Services 4 Director and approved by the City Council by resolution. 5 (3) Process and Timing. 6
(A) An ADU permit is considered and approved ministerially, without 7 discretionary review or a hearing. 8
(B) The City must approve or deny an application to create an ADU 9 or JADU within 60 days from the date that the City receives a 10 completed application. If the City has not approved or denied the 11 completed application within 60 days, the application is deemed 12 approved unless either: 13
(i) The applicant requests a delay, in which case the 60-day time 14 period is tolled for the period of the requested delay, or 15 (ii) When an application to create an ADU or JADU is submitted with 16 a permit application to create a new single-family or multifamily 17 dwelling on the lot, the City may delay acting on the permit 18 application for the ADU or JADU until the City acts on the permit 19 application to create the new single-family or multifamily 20 dwelling, but the application to create the ADU or JADU will still 21 be considered ministerially without discretionary review or a 22 hearing. 23
(C) If the City denies an application to create an ADU or JADU, the 24 City must provide the applicant with comments that include, 25 among other things, a list of all the defective or deficient items 26 and a description of how the application may be remedied by the 27 applicant. Notice of the denial and corresponding comments must 28 be provided to the applicant within the 60-day time period 29 established by subsection (d)(3)(B) above. 30
(D) A demolition permit for a detached garage that is to be replaced 31 with an ADU is reviewed with the application for the ADU and 32 issued at the same time. 33
(e) General ADU and JADU Requirements. The following requirements apply to all 34 ADUs and JADUs that are approved under subsections (d)(1) or (d)(2) above: 35 (1) Zoning. 36
(A) An ADU or JADU subject only to a building permit under 37 subsection (d)(1) above may be created on a lot in a residential or 38 mixed-use zone. 39
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7 (B) An ADU or JADU subject to an ADU permit under subsection 1 (d)(2) above may be created on a lot that is zoned to allow single-2 family dwelling residential use or multifamily dwelling residential 3 use. 4
(2) Height. 5
(A) Except as otherwise provided by subsections (e)(2)(B) and 6 (e)(2)(C) below, a detached ADU created on a lot with an existing 7 or proposed single family or multifamily dwelling unit may not 8 exceed 35 feet in height. 9
(B) A detached ADU may be up to two stories with a maximum height 10 of 35 feet if it is created on a lot with an existing or proposed single 11 family or multifamily dwelling unit that is located within one -half 12 mile walking distance of a major transit stop or a high quality 13 transit corridor, as those terms are defined in Section 21155 of the 14 Public Resources Code. 15
(C) A detached ADU created on a lot with an existing or proposed 16 multifamily dwelling that has more than one story above grade 17 may not exceed two stories or 30 feet in height. 18
(D) An ADU that is attached to the primary dwelling may not exceed 19 35 feet in height or the height limitation imposed by the 20 underlying zone that applies to the primary dwelling, whichever is 21 lower. Notwithstanding the foregoing, ADUs subject to this 22 subsection (e)(2)(D) may not exceed two stories. 23
(E) For purposes of this subsection (e)(2), height is measured above 24 existing legal grade to the peak of the structure. 25 (3) Fire Sprinklers. 26
(A) Fire sprinklers are required in an ADU if sprinklers are required 27 in the primary residence. 28
(B) The construction of an ADU does not trigger a requirement for 29 fire sprinklers to be installed in the existing primary dwelling. 30 (4) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 31 days. This prohibition applies regardless of when the ADU or JADU was created. 32 (5) No Separate Conveyance. An ADU or JADU may be rented, but, except as 33 otherwise provided in Government Code Section 65852.26, no ADU or JADU 34 may be sold or otherwise conveyed separately from the lot and the primary 35 dwelling (in the case of a single-family lot) or from the lot and all of the dwellings 36 (in the case of a multifamily lot). 37
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8 (6) Septic System. If the ADU or JADU will connect to an onsite wastewater-1 treatment system, the owner must include with the application a percolation test 2 completed within the last five years or, if the percolation test has been recertified, 3 within the last 10 years. 4
(7) Owner Occupancy. 5
(A) An ADU that is permitted after January 1, 2020, but before 6 January 1, 2025, is not subject to any owner-occupancy 7 requirement. 8
(B) Unless applicable law requires otherwise, all ADUs that are 9 permitted on or after January 1, 2025 are subject to an owner-10 occupancy requirement. A natural person with legal or equitable 11 title to the property must reside on the property as the person’s 12 legal domicile and permanent residence. 13
(C) As required by state law, all JADUs are subject to an owner-14 occupancy requirement. A natural person with legal or equitable 15 title to the property must reside on the property, in either the 16 primary dwelling or JADU, as the person’s legal domicile and 17 permanent residence. However, the owner-occupancy requirement 18 in this subsection (e)(7)(C) does not apply if the property is 19 entirely owned by another governmental agency, land trust, or 20 housing organization. 21
(8) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a 22 deed restriction must be recorded against the title of the property in the County 23 Recorder’s office and a copy filed with the Director or designee. The deed 24 restriction must run with the land and bind all future owners. The form of the deed 25 restriction will be provided by the City and must provide that: 26 (A) Except as otherwise provided in Government Code Section 27 65852.26, the ADU or JADU may not be sold separately from the 28 primary dwelling. 29
(B) The ADU or JADU is restricted to the approved size and to other 30 attributes allowed by this section. 31
(C) The deed restriction runs with the land and may be enforced 32 against future property owners. 33
(D) The deed restriction may be removed if the owner eliminates the 34 ADU or JADU, as evidenced by, for example, removal of the 35 kitchen facilities. To remove the deed restriction, an owner may 36 make a written request of the Director, providing evidence that 37 the ADU or JADU has in fact been eliminated. The Director may 38 then determine whether the evidence supports the claim that the 39 ADU or JADU has been eliminated. Appeal may be taken from 40
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9 the Director’s determination consistent with other provisions of 1 this Code. If the ADU or JADU is not entirely physically 2 removed, but is only eliminated by virtue of having a necessary 3 component of an ADU or JADU removed, the remaining structure 4 and improvements must otherwise comply with applicable 5 provisions of this Code. 6
(E) The deed restriction is enforceable by the director or his or her 7 designee for the benefit of the City. Failure of the property owner 8 to comply with the deed restriction may result in legal action 9 against the property owner, and the City is authorized to obtain 10 any remedy available to it at law or equity, including, but not 11 limited to, obtaining an injunction enjoining the use of the ADU 12 or JADU in violation of the recorded restrictions or abatement of 13 the illegal unit. 14
(9) Income Reporting. In order to facilitate the City’s obligation to identify adequate 15 sites for housing in accordance with Government Code sections 65583.1 and 16 65852.2, the following requirements must be satisfied: 17 (A) With the building-permit application, the applicant must provide 18 the City with an estimate of the projected annualized rent that will 19 be charged for the ADU or JADU. 20
(B) Within 90 days after each yearly anniversary of the issuance of 21 the building permit, the owner must report the actual rent charged 22 for the ADU or JADU during the prior year. If the City does not 23 receive the report within the 90-day period, the owner is in 24 violation of this Code, and the City may send the owner a notice 25 of violation and allow the owner another 30 days to submit the 26 report. If the owner fails to submit the report within the 30-day 27 period, the City may enforce this provision in accordance with 28 applicable law. 29
(10) Building & Safety. 30
(A) Must comply with building code. Subject to subsection 31 (e)(10)(B) below, all ADUs and JADUs must comply with all 32 local building code requirements. 33
(B) No change of occupancy. Construction of an ADU does not 34 constitute a Group R occupancy change under the local building 35 code, as described in Section 310 of the California Building Code, 36 unless the Building Official makes a written finding based on 37 substantial evidence in the record that the construction of the 38 ADU could have a specific, adverse impact on public health and 39 safety. Nothing in this subsection (e)(10)(B) prevents the City 40 from changing the occupancy code of a space that was 41 uninhabitable space or that was only permitted for nonresidential 42
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10 use and was subsequently converted for residential use in 1 accordance with this section. 2
(f) Specific ADU Requirements. The following requirements apply only to ADUs that 3 require an ADU permit under subsection (d)(2) above. 4
(1) Maximum Size. 5
(A) The maximum size of a detached or attached ADU subject to this 6 subsection (f) is 850 square feet for a studio or one-bedroom unit 7 and 1,200 square feet for a unit with two or more bedrooms. 8 (B) An attached ADU that is created on a lot with an existing primary 9 dwelling is further limited to 75 percent of the floor area of the 10 existing primary dwelling. 11
(C) Application of other development standards in this subsection (f), 12 such as FAR or lot coverage, might further limit the size of the 13 ADU, but no application of the percent-based size limit in 14 subsection (f)(1)(B) above or of an FAR, front setback, lot 15 coverage limit, or open-space requirement may require the ADU 16 to be less than 800 square feet. 17
(2) Setbacks. 18
(A) An ADU that is subject to this subsection (f) must conform to a 19 25-foot front-yard setback. 20
(B) ADU that is subject to this subsection (f) must conform to 4-foot 21 side- and rear-yard setbacks. 22
(C) No setback is required for an ADU that is subject to this 23 subsection (f) if the ADU is constructed in the same location and 24 to the same dimensions as an existing structure. 25
(3) Lot Coverage. No ADU subject to this subsection (f) may cause the total lot 26 coverage of the lot to exceed 55 percent, subject to subsection (f)(1)(C) above. 27 (4) Minimum Open Space. No ADU subject to this subsection (f) may cause the 28 total percentage of open space of the lot to fall below 30 percent, subject to 29 subsection (f)(1)(C) above. 30
(5) Passageway. No passageway, as defined by subsection (c)(8) above, is required 31 for an ADU. 32
(6) Parking. 33
(A) Generally. One off-street parking space is required for each ADU. 34 The parking space may be provided in setback areas or as tandem 35
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11 parking, as defined by subsection (c)(11) above. Off-street 1 parking shall be permitted in setback areas or through tandem 2 parking, unless specific findings are made that park ing in 3 setback areas or tandem parking is not feasible based on specific 4 site or regional topographical or fire and safety conditions. 5 (B) The required parking space for the ADU must be located on the 6 same lot as the ADU. 7
(C) Access to all required parking for the ADU and primary dwelling 8 must be from a public street, an alley, or a recorded access 9 easement. For any lot served by a panhandle or easement access, 10 the access must be a minimum 20 feet in width. 11
(D) Curb cuts providing access from the public right-of-way to on-site 12 parking spaces must be approved by the City Engineer in 13 accordance with established, objective standards. A construction 14 permit from the City Engineer shall be obtained for any new or 15 widened curb cuts. 16
(E) Required parking spaces or required maneuvering area must be 17 free of any utility poles, support wires, guard rails, stand pipes or 18 meters. 19
(F) All required parking spaces must be kept clear for parking 20 purposes only. 21
(G) Exceptions. No parking under subsection (f)(6)(A) is required in 22 the following situations: 23
(i) The ADU is located within one-half mile walking distance of 24 public transit, as defined in subsection (c)(10) above. 25 (ii) The ADU is located within an architecturally and historically 26 significant historic district. 27
(iii) The ADU is part of the proposed or existing primary residence or 28 an accessory structure under subsection (d)(1)(A) above. 29 (iv) When on-street parking permits are required but not offered to the 30 occupant of the ADU. 31
(v) When there is an established car share vehicle stop located within 32 one block of the ADU. 33
(vi) When the permit application to create an ADU is submitted with an 34 application to create a new single -family or new multifamily 35 dwelling on the same lot, provided that the ADU or the lot satisfies 36 any other criteria listed in subsections (f)(6)(G)(i) through (v) above. 37
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12 (H) No Replacement. When a garage, carport, or covered parking 1 structure is demolished in conjunction with the construction of an 2 ADU or converted to an ADU, those off-street parking spaces are 3 not required to be replaced. 4
(7) Architectural Requirements. 5
(A) The materials and colors of the exterior walls, roof, and windows 6 and doors must match the appearance and architectural design of 7 those of the primary dwelling. 8
(B) The roof slope must match that of the dominant roof slope of the 9 primary dwelling. The dominant roof slope is the slope shared by 10 the largest portion of the roof. 11
(C) The exterior lighting must be limited to down-lights or as 12 otherwise required by the building or fire code. 13
(D) The ADU must have an independent exterior entrance, apart from 14 that of the primary dwelling. 15
(E) The interior horizontal dimensions of an ADU must be at least 10 16 feet wide in every direction, with a minimum interior wall height 17 of seven feet. 18
(F) Windows and doors of the ADU may not have a direct line of 19 sight to an adjoining residential property. Fencing, landscaping, or 20 privacy glass may be used to provide screening and prevent a 21 direct line of sight. 22
(G) All windows and doors in an ADU are less than 30 feet from a 23 property line that is not a public right-of-way line must either be 24 (for windows) clerestory with the bottom of the glass at least six 25 feet above the finished floor, or (for windows and for doors) 26 utilize frosted or obscure glass. 27
(8) Landscape Requirements. Evergreen landscape screening must be planted and 28 maintained between the ADU and adjacent parcels as follows: 29 (A) At least one 15-gallon size plant shall be provided for every five 30 linear feet of exterior wall. Alternatively, at least one 24” box size 31 plant shall be provided for every ten linear feet of exterior wall. 32 (B) Plant specimens must be at least six feet tall when installed. As an 33 alternative, a solid fence of at least 6 feet in height may be 34 installed. 35
(C) All landscaping must be drought-tolerant. 36
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13 (D) All landscaping must be from the City’s approved plant list. 1 (9) Historical Protections. An ADU that is on or within 600 feet of real property that 2 is listed in the California Register of Historic Resources must be located so as to 3 not be visible from any public right-of-way. 4
(g) Fees. The following requirements apply to all ADUs that are approved under 5 subsections (d)(1) or (d)(2) above. 6
(1) Impact Fees. 7
(A) No impact fee is required for an ADU that is less than 750 square 8 feet in size. For purposes of this subsection (g)(1), “impact fee” 9 means a “fee” under the Mitigation Fee Act (Gov. Code 10 § 66000(b)) and a fee under the Quimby Act (Gov. Code 11 § 66477). “Impact fee” here does not include any connection fee 12 or capacity charge for water or sewer service. 13
(B) Any impact fee that is required for an ADU that is 750 square feet 14 or larger in size must be charged proportionately in relation to the 15 square footage of the primary dwelling unit. (E.g., the floor area 16 of the ADU, divided by the floor area of the primary dwelling, 17 times the typical fee amount charged for a new dwelling.) 18 (2) Utility Fees. 19
(A) If an ADU is constructed with a new single-family home, a 20 separate utility connection directly between the ADU and the 21 utility and payment of the normal connection fee and capacity 22 charge for a new dwelling are required. 23
(B) Except as described in subsection (g)(2)(A), converted ADUs on a 24 single-family lot that are created under subsection (d)(1)(A) above 25 are not required to have a new or separate utility connection 26 directly between the ADU and the utility. Nor is a connection fee 27 or capacity charge required. 28
(C) Except as described in subsection (g)(2)(A), all ADUs that are not 29 covered by subsection (g)(2)(B) require a new, separate utility 30 connection directly between the ADU and the utility. 31 (i) The portion of the fee or charge that is charged by the City 32 may not exceed the reasonable cost of providing this 33 service. 34
(h) Nonconforming Zoning Code Conditions, Building Cod e Violations, and 35 Unpermitted Structures. 36
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14 (1) Generally. The City will not deny an ADU or JADU application due to a 1 nonconforming zoning condition, building code violation, or unpermitted 2 structure on the lot that does not present a threat to the public health and safety 3 and that is not affected by the construction of the ADU or JADU. 4 (2) Unpermitted ADUs constructed before 2018. 5
(A) Permit to Legalize. As required by state law, the City may not 6 deny a permit to legalize an existing but unpermitted ADU that 7 was constructed before January 1, 2018, if denial is based on 8 either of the following grounds: 9
(i) The ADU violates applicable building standards, or 10 (ii) The ADU does not comply with the state ADU law (Government 11 Code section 65852.2) or this ADU ordinance (section 18.48.150). 12 (B) Exceptions: 13
(i) Notwithstanding subsection (h)(2)(A) above, the City may deny a 14 permit to legalize an existing but unpermitted ADU that was 15 constructed before January 1, 2018, if the City makes a finding that 16 correcting a violation is necessary to protect the health and safety 17 of the public or of occupants of the structure. 18
(ii) Subsection (h)(2)(A) above does not apply to a building that is 19 deemed to be substandard in accordance with California Health 20 and Safety Code section 17920.3. 21
(i) Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that 22 does not conform to the objective standards set forth in subsections (a) through (h) of this 23 section may be allowed by the City with a conditional use permit, in accordance with the 24 other provisions of this title. 25
26 SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, 27 sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be 28 unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision 29 shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part 30 thereof. The City Council hereby declares that it would have passed each section, subsection, 31 subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one (1) 32 or more subsections, subdivisions, para graphs, sentences, clauses, or phrases be declared 33 unconstitutional, or invalid, or ineffective. 34
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15 SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY 1
ACT FINDING. The City Council Finds that under California Public 2 Resources Code section 21080.17, the California E nvironmental Quality Act 3 (“CEQA”) does not apply to the adoption of an ordinance by a city or county 4 implementing the provisions of section 65852.2 of the Government Code, 5 which is California’s ADU law and which also regulates JADUs, as defined by 6 section 65852.22. Therefore, the proposed ordinance is statutorily exempt from 7 CEQA in that the proposed ordinance implements the State’s ADU law 8 SECTION 5. EFFECTIVE DATE. This ordinance shall go into effect 9 and be in full force and operation from and after thirt y (30) days after its final 10 passage and adoption. 11
SECTION 6. PUBLICATION. The City Clerk shall certify to the 12 adoption of this ordinance. Not later than fifteen (15) days following the 13 passage of this ordinance, the ordinance, or a summary thereof, along with the 14 names of the City Council members voting for and against the ordinance, shall 15 be published in a newspaper of general circulation in the City of Colton. 16 SECTION 7. FILING. The City Clerk shall submit a copy of this 17 ordinance to the Department of Housing and Community Development within 18 60 days after adoption. The City Clerk shall also submit a Notice of Exemption 19 within three days after adoption. 20
PASSED, APPROVED AND ADOPTED by the City Council of the City of 21 Colton, California, at a regular meeting of the City Council held on the ___ day 22 of _________, 2023 by the following vote: 23
AYES: 24
NOES: 25
ABSENT: 26
ABSTAIN: 27
______________________________28
_ 29
FRANK J. NAVARRO, Mayor 30
ATTEST: 31
________________________________ 32
STEPHANIE VARGAS, Deputy City Clerk 33
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