3.a
Packet Pg. 258
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING BALANCE SHEET (CONTINUED)
OTHER GOVERNMENTAL FUNDS
JUNE 30, 2023
(110)
ASSETS
Cash and Investments
Receivables:
Accounts
Taxes
Notes and Loans
Accrued Interest
Prepaid Items
Due from Other Governments
Due from Other Funds
Land Held for Resale
Restricted Assets:
Cash and Investments
Cash and Investments with
Fiscal Agents
Total Assets
LIABILITIES
Accounts Payable
Unearned Revenues
Due to Other Funds
Total Liabilities
DEFERRED INFLOWS OF
RESOURCES
Unavailable Revenues
Total Deferred Inflows
of Resources
FUND BALANCES (DEFICITS)
Restricted:
Public Safety
Capital Projects
Debt Service
Education
Affordable Housing
Air Quality Projects
Unassigned
Total Fund Balances (Deficits)
Total Liabilities, Deferred
Inflow of Resources, and
Fund Balances
Civic Center Fire Facility Police Facility
Development Development Development Miscellaneous Housing Fee Fee Fee ViTep Grants Authority
131,246$ 337,861 $ 436,895 $ 287,736 $ 55,095 $ 835,549 $ - - - - 601,625 32,272 - - - - - - - - - - - - 771 1,959 2,529 1,686 939 5,764 - - - - - - - - - - 1,477,179 - - - - - - - - - - - - 84,131 - - - - - - - - - - - -
132,017$ 339,820 $ 439,424 $ 289,422 $ 2,134,838 $ 957,716 $ -$ - $ - $ - $ 331,977$ - $ - - - - 1,339,857 - - - - - - - - - - - 1,671,834 - - - - - 1,739,524 - - - - - 1,739,524 - - - - 289,422 - - 132,017 339,820 439,424 - - - - - - - - - - - - - - - - - - - - 957,716 - - - - - - - - - - (1,276,520) - 132,017 339,820 439,424 289,422 (1,276,520) 957,716 132,017$ 339,820 $ 439,424 $ 289,422 $ 2,134,838 $ 957,716 $ Special Revenue Funds
3.a
Packet Pg. 259
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING BALANCE SHEET (CONTINUED)
OTHER GOVERNMENTAL FUNDS
JUNE 30, 2023
(111)
ASSETS
Cash and Investments
Receivables:
Accounts
Taxes
Notes and Loans
Accrued Interest
Prepaid Items
Due from Other Governments
Due from Other Funds
Land Held for Resale
Restricted Assets:
Cash and Investments
Cash and Investments with
Fiscal Agents
Total Assets
LIABILITIES
Accounts Payable
Unearned Revenues
Due to Other Funds
Total Liabilities
DEFERRED INFLOWS OF
RESOURCES
Unavailable Revenues
Total Deferred Inflows
of Resources
FUND BALANCES (DEFICITS)
Restricted:
Public Safety
Capital Projects
Debt Service
Education
Affordable Housing
Air Quality Projects
Unassigned
Total Fund Balances (Deficits)
Total Liabilities, Deferred
Inflow of Resources, and
Fund Balances
Debt Service Funds Capital Projects Funds
Taxable Total
Public Pension Other
Financing Funding Capital Development Colton Governmental Authority Bonds Improvements Fees Crossing Funds
114,373$ 69,831 $ 4,593,528$ 13,459,859 $ 822,748 $ 31,558,507$ - - - - - 739,754 - - - - - 123,529 - - - - - - 682 - 11,222 79,239 4,889 172,068 - - - - - - - - 16,078 - - 2,314,818 - - - - - 1,401 - - - - - 84,131 - - - - - 64,018 933,720 1,933,986 -
- - 2,867,706 1,048,775$ 2,003,817 $ 4,620,828 $ 13,539,098 $ 827,637 $ 37,925,932$ -$ - $ 143,202$ 83,745 $ 61,649 $ 1,064,845$ - - 4,000,000 - - 5,620,948 - - - - - 34,172 - - 4,143,202 83,745 61,649 6,719,965 - - 16,078 - - 1,864,466 - - 16,078 - - 1,864,466 - - - - - 688,387 - - 461,548 13,455,353 765,988 25,208,723 1,048,775 2,003,817 - - - 3,052,592 - - - - - 17,321 - - - - - 957,716 - - - - - 762,796 - - - - - (1,346,034) 1,048,775 2,003,817 461,548 13,455,353 765,988 29,341,501 1,048,775$ 2,003,817 $ 4,620,828 $ 13,539,098 $ 827,637 $ 37,925,932$
3.a
Packet Pg. 260
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES
OTHER GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2023
(112)
Special Revenue Funds
Community
Community Development State
Child Library Block Traffic Asset
Gas Tax Care Grant Grant Relief Seizure
REVENUES
Taxes - $ - $ - $ - $ - $ - $ Intergovernmental 1,370,520 1,174,824 57,384 919,951 1,188,516 - Charges for Services - 39,170 - - - - Investment Income (Loss) (7) 3,515 (204) - 22,169 6,829 Contributions - - - - - - Fines and Forfeitures - - - - - - Miscellaneous 7,098 33,941 - - - - Total Revenues 1,377,611 1,251,450 57,180 919,951 1,210,685 6,829
EXPENDITURES
Current:
General Government - - - - - - Public Safety - - - - - 53,616 Community Services - 1,184,611 115,539 - - - Public Works 1,145,635 - - - - - Capital Outlay - - - 371,465 1,021,949 - Debt Service:
Principal Retirement - 777 - - - - Interest and Fiscal Charges - 1 - - - - Total Expenditures 1,145,635 1,185,389 115,539 371,465 1,021,949 53,616
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES 231,976 66,061 (58,359) 548,486 188,736 (46,787)
OTHER FINANCING SOURCES
(USES)
Transfers In - - 22,500 - - - Transfers Out (37,050) (21,082) - (263,915) - - Total Other Financing
Sources (Uses) (37,050) (21,082) 22,500 (263,915) - -
NET CHANGE IN FUND
BALANCES 194,926 44,979 (35,859) 284,571 188,736 (46,787) Fund Balances (Deficits) - Beginning
of Year 82,445 (33,860) 42,061 (354,085) 1,589,516 430,838
FUND BALANCES (DEFICITS) -
END OF YEAR 277,371$ 11,119 $ 6,202 $ (69,514) $ 1,778,252 $ 384,051 $
3.a
Packet Pg. 261
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES (CONTINUED)
OTHER GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2023
(113)
REVENUES
Taxes
Intergovernmental
Charges for Services
Investment Income (Loss)
Contributions
Fines and Forfeitures
Miscellaneous
Total Revenues
EXPENDITURES
Current:
General Government
Public Safety
Community Services
Public Works
Capital Outlay
Debt Service:
Principal Retirement
Interest and Fiscal Charges
Total Expenditures
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES
OTHER FINANCING SOURCES
(USES)
Transfers In
Transfers Out
Total Other Financing
Sources (Uses)
NET CHANGE IN FUND
BALANCES
Fund Balances (Deficits) - Beginning
of Year
FUND BALANCES (DEFICITS) -
END OF YEAR
Special Revenue Funds
Host
Air Drug/Gang City Storm Local New
Quality Intervention Fees Water Transportation Facilities -$ - $ - $ 634,573$ - $ - $ 88,603 - 439,124 - 1,547,911 - - - - - - 19,633 10,464 230 34,542 21,606 50,414 6,117 - - - - - - - - - - - - - - - - - - 99,067 230 473,666 656,179 1,598,325 25,750 - - - - - - - - - - - - - - - - - - - - - 690,630 - - - - 1,184,405 152,697 703,457 - - - - - - - - - - - - - - - 1,184,405 843,327 703,457 - 99,067 230 (710,739) (187,148) 894,868 25,750 - - - - - - - - - (10,728) (17,268) - - - - (10,728) (17,268) - 99,067 230 (710,739) (197,876) 877,600 25,750 663,729 14,684 2,180,038 1,375,593 3,632,037 376,547 762,796$ 14,914 $ 1,469,299 $ 1,177,717 $ 4,509,637 $ 402,297 $
3.a
Packet Pg. 262
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES (CONTINUED)
OTHER GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2023
(114)
REVENUES
Taxes
Intergovernmental
Charges for Services
Investment Income (Loss)
Contributions
Fines and Forfeitures
Miscellaneous
Total Revenues
EXPENDITURES
Current:
General Government
Public Safety
Community Services
Public Works
Capital Outlay
Debt Service:
Principal Retirement
Interest and Fiscal Charges
Total Expenditures
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES
OTHER FINANCING SOURCES
(USES)
Transfers In
Transfers Out
Total Other Financing
Sources (Uses)
NET CHANGE IN FUND
BALANCES
Fund Balances (Deficits) - Beginning
of Year
FUND BALANCES (DEFICITS) -
END OF YEAR
Civic Center Fire Facility Police Facility
Development Development Development Miscellaneous Housing Fee Fee Fee ViTep Grants Authority
-$ - $ - $ - $ - $ - $ - - - - 1,210,074 - 6,868 33,163 43,233 37,184 - - 2,003 4,769 6,170 3,714 13,522 218,000 - - - - - - - - - - - - - - - - - - 8,871 37,932 49,403 40,898 1,223,596 218,000 - - - - 38,481 - - - - 660 425,959 - - - - - - - - - - - - - - - - - 1,195,428 - - - - - - - - - - - - 204,500 - - - 660 1,659,868 204,500 8,871 37,932 49,403 40,238 (436,272) 13,500 - - - - - - - - - - (201,230) - - - - - (201,230) - 8,871 37,932 49,403 40,238 (637,502) 13,500 123,146 301,888 390,021 249,184 (639,018) 944,216 132,017$ 339,820 $ 439,424 $ 289,422 $ (1,276,520) $ 957,716 $ Special Revenue Funds
3.a
Packet Pg. 263
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND
CHANGES IN FUND BALANCES (CONTINUED)
OTHER GOVERNMENTAL FUNDS
YEAR ENDED JUNE 30, 2023
(115)
REVENUES
Taxes
Intergovernmental
Charges for Services
Investment Income (Loss)
Contributions
Fines and Forfeitures
Miscellaneous
Total Revenues
EXPENDITURES
Current:
General Government
Public Safety
Community Services
Public Works
Capital Outlay
Debt Service:
Principal Retirement
Interest and Fiscal Charges
Total Expenditures
EXCESS OF REVENUES OVER
(UNDER) EXPENDITURES
OTHER FINANCING SOURCES
(USES)
Transfers In
Transfers Out
Total Other Financing
Sources (Uses)
NET CHANGE IN FUND
BALANCES
Fund Balances (Deficits) - Beginning
of Year
FUND BALANCES (DEFICITS) -
END OF YEAR
Debt Service Funds Capital Projects Funds
Taxable Total
Public Pension Other
Financing Funding Capital Development Colton Governmental Authority Bonds Improvements Fees Crossing Funds
-$ - $ - $ - $ - $ 634,573$ - - - - - 7,996,907 - - - 647,897 - 827,148 28,312 59,498 (1,930) 214,843 14,355 718,931 - - 18,108 - - 18,108 - - - - - - - 5,489 - 58,022 - 104,550 28,312 64,987 16,178 920,762 14,355 10,300,217
5,062 3,212 - - - 46,755 - - - - - 480,235 - - - - - 1,300,150 - - - - - 1,836,265 - - 495,835 403,821 119,137 5,648,194 555,000 1,345,000 - - - 1,900,777 343,173 782,772 - - - 1,330,446 903,235 2,130,984 495,835 403,821 119,137 12,542,822 (874,923) (2,065,997) (479,657) 516,941 (104,782) (2,242,605) 898,173 2,237,471 243,240 - - 3,401,384 - - - (9,111) - (560,384) 898,173 2,237,471 243,240 (9,111) - 2,841,000 23,250 171,474 (236,417) 507,830 (104,782) 598,395 1,025,525 1,832,343 697,965 12,947,523 870,770 28,743,106 1,048,775$ 2,003,817 $ 461,548 $ 13,455,353 $ 765,988 $ 29,341,501 $
3.a
Packet Pg. 264
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
GAS TAX SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(116)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR
82,445$ 82,445 $ 82,445 $ - $
RESOURCES (INFLOWS)
Intergovernmental 1,422,232 1,422,232 1,370,520 (51,712) Investment Income (Loss) - - (7) (7) Miscellaneous - 9,000 7,098 (1,902) Amounts Available for
Appropriations 1,504,677 1,513,677 1,460,056 (53,621)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Public Works 1,391,842 1,236,163 1,145,635 90,528 Transfers Out 37,050 37,050 37,050 - Total Charges to Appropriations 1,428,892 1,273,213 1,182,685 90,528
BUDGETARY FUND BALANCE - END
OF YEAR 75,785$ 240,464 $ 277,371 $ 36,907 $
3.a
Packet Pg. 265
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
COMMUNITY CHILD CARE SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(117)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR (33,860)$ (33,860) $ (33,860) $ - $
RESOURCES (INFLOWS)
Intergovernmental 930,163 1,738,253 1,174,824 (563,429) Charges for Services 37,000 37,000 39,170 2,170 Investment Income (Loss) - 5,500 3,515 (1,985) Miscellaneous - 91,661 33,941 (57,720) Transfers In - - - - Amounts Available for
Appropriations 933,303 1,838,554 1,217,590 (620,964)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Community Services 946,081 1,859,675 1,184,611 675,064 Debt Service:
Principal Retirement - Lease - - 777 (777) Interest and Fiscal Charges - Lease - - 1 (1) Transfers Out 21,082 21,082 21,082 - Total Charges to Appropriations 967,163 1,880,757 1,206,471 674,286
BUDGETARY FUND BALANCE (DEFICIT) -
END OF YEAR (33,860)$ (42,203) $ 11,119 $ 53,322 $
3.a
Packet Pg. 266
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
LIBRARY GRANT SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(118)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 42,061$ 42,061 $ 42,061 $ - $
RESOURCES (INFLOWS)
Intergovernmental 18,360 56,884 57,384 500 Investment Income (Loss) - - (204) (204) Transfers In 23,000 22,500 22,500 - Amounts Available for
Appropriations 83,421 121,445 121,741 296
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Community Services 41,360 121,412 115,539 5,873
BUDGETARY FUND BALANCE - END
OF YEAR 42,061$ 33 $ 6,202$ 6,169 $
3.a
Packet Pg. 267
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
COMMUNITY DEVELOPMENT BLOCK GRANT SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(119)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE (DEFICIT) -
BEGINNING OF YEAR
(354,085)$ (354,085) $ (354,085) $ - $
RESOURCES (INFLOWS)
Intergovernmental 493,308 1,752,907 919,951 (832,956) Amounts Available for
Appropriations 139,223 1,398,822 565,866 (832,956)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay 428,218 1,163,313 371,465 791,848 Transfers Out 65,090 479,703 263,915 215,788 Total Charges to Appropriations 493,308 1,643,016 635,380 1,007,636
BUDGETARY FUND BALANCE (DEFICIT) -
END OF YEAR (354,085)$ (244,194) $ (69,514) $ 174,680 $
3.a
Packet Pg. 268
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
STATE TRAFFIC RELIEF SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(120)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 1,589,516$ 1,589,516 $ 1,589,516 $ - $
RESOURCES (INFLOWS)
Intergovernmental 1,235,425 1,235,425 1,188,516 (46,909) Investment Income (Loss) - 45,000 22,169 (22,831) Amounts Available for
Appropriations 2,824,941 2,869,941 2,800,201 (69,740)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay 1,235,424 2,349,938 1,021,949 1,327,989
BUDGETARY FUND BALANCE - END
OF YEAR 1,589,517$ 520,003 $ 1,778,252 $ 1,258,249 $
3.a
Packet Pg. 269
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
ASSET SEIZURE SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(121)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 430,838$ 430,838 $ 430,838 $ - $
RESOURCES (INFLOWS)
Investment Income (Loss) - 14,000 6,829 (7,171) Amounts Available for
Appropriations 430,838 444,838 437,667 (7,171)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Public Safety - 53,640 53,616 24
BUDGETARY FUND BALANCE - END
OF YEAR 430,838$ 391,198 $ 384,051 $ (7,147) $
3.a
Packet Pg. 270
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
AIR QUALITY SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(122)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 663,729$ 663,729 $ 663,729 $ - $
RESOURCES (INFLOWS)
Intergovernmental 50,000 50,000 88,603 38,603 Investment Income (Loss) 5,000 20,000 10,464 (9,536) Amounts Available for
Appropriations 718,729 733,729 762,796 29,067
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Public Works 50,000 233,379 - 233,379
BUDGETARY FUND BALANCE - END
OF YEAR 668,729$ 500,350 $ 762,796 $ 262,446 $
3.a
Packet Pg. 271
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
DRUG/GANG INTERVENTION SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(123)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 14,684$ 14,684 $ 14,684 $ - $
RESOURCES (INFLOWS)
Investment Income (Loss) - 475 230 (245) Amounts Available for
Appropriations 14,684 15,159 14,914 (245)
BUDGETARY FUND BALANCE - END
OF YEAR 14,684$ 15,159 $ 14,914 $ (245) $
3.a
Packet Pg. 272
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
HOST CITY FEES SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(124)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 2,180,038$ 2,180,038 $ 2,180,038 $ - $
RESOURCES (INFLOWS)
Intergovernmental 833,442 596,772 439,124 (157,648) Investment Income (Loss) 2,000 55,000 34,542 (20,458) Amounts Available for
Appropriations 3,015,480 2,831,810 2,653,704 (178,106)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay 226,800 1,492,078 1,184,405 307,673
BUDGETARY FUND BALANCE - END
OF YEAR 2,788,680$ 1,339,732 $ 1,469,299 $ 129,567 $
3.a
Packet Pg. 273
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
STORM WATER SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(125)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 1,375,593$ 1,375,593 $ 1,375,593 $ - $
RESOURCES (INFLOWS)
Taxes 636,959 636,959 634,573 (2,386) Investment Income (Loss) 1,000 43,000 21,606 (21,394) Amounts Available for
Appropriations 2,013,552 2,055,552 2,031,772 (23,780)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Public Works 845,122 926,743 690,630 236,113 Capital Outlay 430,000 564,366 152,697 411,669 Transfers Out 10,728 10,728 10,728 - Total Charges to Appropriations 1,285,850 1,501,837 854,055 647,782
BUDGETARY FUND BALANCE - END
OF YEAR 727,702$ 553,715 $ 1,177,717 $ 624,002 $
3.a
Packet Pg. 274
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
LOCAL TRANSPORTATION SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(126)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 3,632,037$ 3,632,037 $ 3,632,037 $ - $
RESOURCES (INFLOWS)
Intergovernmental 1,124,935 1,390,534 1,547,911 157,377 Investment Income (Loss) 1,000 101,000 50,414 (50,586) Amounts Available for
Appropriations 4,757,972 5,123,571 5,230,362 106,791
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay 1,124,935 2,380,596 703,457 1,677,139 Transfers Out - 380,476 17,268 363,208 Total Charges to Appropriations 1,124,935 2,761,072 720,725 2,040,347
BUDGETARY FUND BALANCE (DEFICIT) -
END OF YEAR 3,633,037$ 2,362,499 $ 4,509,637 $ 2,147,138 $
3.a
Packet Pg. 275
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
NEW FACILITIES SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(127)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 376,547$ 376,547 $ 376,547 $ - $
RESOURCES (INFLOWS)
Charges for Services 196,000 196,000 19,633 (176,367) Investment Income (Loss) 450 12,050 6,117 (5,933)
BUDGETARY FUND BALANCE - END
OF YEAR 572,997$ 584,597 $ 402,297 $ (182,300) $
3.a
Packet Pg. 276
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
CIVIC CENTER DEVELOPMENT FEE SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(128)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 123,146$ 123,146 $ 123,146 $ - $
RESOURCES (INFLOWS)
Charges for Services - 3,200 6,868 3,668 Investment Income (Loss) - 4,100 2,003 (2,097) Amounts Available for
Appropriations 123,146 130,446 132,017 1,571
BUDGETARY FUND BALANCE - END
OF YEAR 123,146$ 130,446 $ 132,017 $ 1,571 $
3.a
Packet Pg. 277
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
FIRE FACILITY DEVELOPMENT FEE SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(129)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 301,888$ 301,888 $ 301,888 $ - $
RESOURCES (INFLOWS)
Charges for Services - 20,000 33,163 13,163 Investment Income (Loss) - 10,050 4,769 (5,281)
BUDGETARY FUND BALANCE - END
OF YEAR 301,888$ 331,938 $ 339,820 $ 7,882 $
3.a
Packet Pg. 278
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
POLICE FACILITY DEVELOPMENT FEE SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(130)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 390,021$ 390,021 $ 390,021 $ - $
RESOURCES (INFLOWS)
Charges for Services - 30,000 43,233 13,233 Investment Income (Loss) - 12,500 6,170 (6,330)
BUDGETARY FUND BALANCE - END
OF YEAR 390,021$ 432,521 $ 439,424 $ 6,903 $
3.a
Packet Pg. 279
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
VITEP SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(131)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 249,184$ 249,184 $ 249,184 $ - $
RESOURCES (INFLOWS)
Charges for Services - 21,000 37,184 16,184 Investment Income (Loss) - 7,800 3,714 (4,086) Amounts Available for
Appropriations 249,184 277,984 290,082 12,098
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
Public Safety - 15,000 660 14,340 Total Charges to Appropriations - 15,000 660 14,340
BUDGETARY FUND BALANCE - END
OF YEAR 249,184$ 262,984 $ 289,422 $ 26,438 $
3.a
Packet Pg. 280
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
MISCELLANEOUS GRANTS SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(132)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE (DEFICIT) -
BEGINNING OF YEAR (639,018)$ (639,018) $ (639,018) $ - $
RESOURCES (INFLOWS)
Intergovernmental 128,329 30,796,608 1,210,074 (29,586,534) Investment Income (Loss) - 15,000 13,522 (1,478) Amounts Available for
Appropriations (510,689) 30,172,590 584,578 (29,588,012)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
General Government - 191,979 38,481 153,498 Public Safety 128,329 1,996,451 425,959 1,570,492 Capital Outlay - 25,980,417 1,195,428 24,784,989 Transfers Out - 1,716,171 201,230 1,514,941 Total Charges to Appropriations 128,329 29,885,018 1,861,098 28,023,920
BUDGETARY FUND BALANCE (DEFICIT) -
END OF YEAR (639,018)$ 287,572 $ (1,276,520)$ (1,564,092) $
3.a
Packet Pg. 281
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
HOUSING AUTHORITY SPECIAL REVENUE FUND
YEAR ENDED JUNE 30, 2023
(133)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 944,216$ 944,216 $ 944,216 $ - $
RESOURCES (INFLOWS)
Investment Income (Loss) - 25,000 218,000 193,000 Amounts Available for
Appropriations 944,216 969,216 1,162,216 193,000
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Debt Service:
Interest and Fiscal Charges - - 204,500 (204,500)
BUDGETARY FUND BALANCE - END
OF YEAR 944,216$ 969,216 $ 957,716 $ (11,500) $
3.a
Packet Pg. 282
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
PUBLIC FINANCING AUTHORITY DEBT SERVICE FUND
YEAR ENDED JUNE 30, 2023
(134)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 1,025,525$ 1,025,525 $ 1,025,525 $ - $
RESOURCES (INFLOWS)
Investment Income (Loss) 5,000 19,800 28,312 8,512 Transfers In 898,173 898,173 898,173 - Amounts Available for
Appropriations 1,928,698 1,943,498 1,952,010 8,512
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
General Government 5,062 5,062 5,062 - Debt Service:
Principal Retirement 555,000 555,000 555,000 - Interest and Fiscal Charges 343,173 343,173 343,173 - Total Charges to Appropriations 903,235 903,235 903,235 -
BUDGETARY FUND BALANCE - END
OF YEAR 1,025,463$ 1,040,263 $ 1,048,775 $ 8,512 $
3.a
Packet Pg. 283
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
TAXABLE PENSION FUNDING BONDS DEBT SERVICE FUND
YEAR ENDED JUNE 30, 2023
(135)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 1,832,343$ 1,832,343 $ 1,832,343 $ - $
RESOURCES (INFLOWS)
Investment Income (Loss) - 35,000 59,498 24,498 Miscellaneous 13,648 13,648 5,489 (8,159) Transfers In 2,229,312 2,229,312 2,237,471 8,159 Amounts Available for
Appropriations 4,075,303 4,110,303 4,134,801 24,498
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Current:
General Government 3,212 3,212 3,212 - Debt Service:
Principal Retirement 1,345,000 1,345,000 1,345,000 - Interest and Fiscal Charges 782,772 782,772 782,772 - Total Charges to Appropriations 2,130,984 2,130,984 2,130,984 -
BUDGETARY FUND BALANCE - END
OF YEAR 1,944,319$ 1,979,319 $ 2,003,817 $ 24,498 $
3.a
Packet Pg. 284
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
CAPITAL IMPROVEMENTS CAPITAL PROJECTS FUND
YEAR ENDED JUNE 30, 2023
(136)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 697,965$ 697,965 $ 697,965 $ - $
RESOURCES (INFLOWS)
Intergovernmental - 339,322 - (339,322) Investment Income (Loss) - 20,000 (1,930) (21,930) Contributions 17,926 18,076 18,108 32 Transfers In - 2,324,918 243,240 (2,081,678) Amounts Available for
Appropriations 715,891 3,400,281 957,383 (2,442,898)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay 17,926 3,300,903 495,835 2,805,068
BUDGETARY FUND BALANCE - END
OF YEAR 697,965$ 99,378 $ 461,548 $ 362,170 $
3.a
Packet Pg. 285
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
DEVELOPMENT FEES CAPITAL PROJECTS FUND
YEAR ENDED JUNE 30, 2023
(137)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 12,947,523$ 12,947,523 $ 12,947,523 $ - $
RESOURCES (INFLOWS)
Charges for Services 1,095,000 1,095,000 647,897 (447,103) Investment Income (Loss) 17,000 365,000 214,843 (150,157) Miscellaneous 120,000 120,000 58,022 (61,978) Amounts Available for
Appropriations 14,179,523 14,527,523 13,868,285 (659,238)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay 700,000 5,814,816 403,821 5,410,995 Transfers Out - 177,024 9,111 167,913 Total Charges to Appropriations 700,000 5,991,840 412,932 5,578,908
BUDGETARY FUND BALANCE - END
OF YEAR 13,479,523$ 8,535,683 $ 13,455,353 $ 4,919,670 $
3.a
Packet Pg. 286
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE
BUDGET AND ACTUAL
COLTON CROSSING CAPITAL PROJECTS FUND
YEAR ENDED JUNE 30, 2023
(138)
Variance with
Final Budget
Budgeted Amounts Positive
Original Final Actual (Negative)
BUDGETARY FUND BALANCE - BEGINNING
OF YEAR 870,770$ 870,770 $ 870,770 $ - $
RESOURCES (INFLOWS)
Investment Income (Loss) - 25,000 14,355 (10,645) Amounts Available for
Appropriations 870,770 895,770 885,125 (10,645)
CHARGES TO APPROPRIATIONS
(OUTFLOWS)
Capital Outlay - 131,163 119,137 12,026 Total Charges to Appropriations - 131,163 119,137 12,026
BUDGETARY FUND BALANCE - END
OF YEAR 870,770$ 764,607 $ 765,988 $ 1,381 $
3.a
Packet Pg. 287
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
INTERNAL SERVICE FUNDS
JUNE 30, 2023
(139)
Internal Service Funds. Finance and account for goods and services provided by one City department to other City departments, or to other governm ents, on a cost-reimbursement basis, including depreciation. The City used the following Internal Service Funds:
Facility and Equipment Maintenance Fund – To account for the City’s buildings maintenance and utilities costs.
Information Services Fund – To account for the City’s information services.
Insurance Fund – To account for the City’s liabilities for claims and judgments.
Automotive Shop Fund – To account for the City’s fleet maintenance and replacement.
3.a
Packet Pg. 288
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF NET POSITION
INTERNAL SERVICE FUNDS
JUNE 30, 2023
(140)
Governmental Activities - Internal Service Funds
Facility and
Equipment Information Automotive
Maintenance Services Insurance Shop Total
ASSETS
Current Assets:
Cash and Investments 2,215,530 $ 1,724,744 $ 8,178,767 $ 2,648,035 $ 14,767,076 $ Receivables:
Accounts - - 72,972 - 72,972 Accrued Interest 13,229 10,082 39,182 15,621 78,114 Restricted Cash and Investments - - 107,030 - 107,030 Total Current Assets 2,228,759 1,734,826 8,397,951 2,663,656 15,025,192 Capital Assets:
Capital Assets, Not Being Depreciated - - - 113,957 113,957 Capital Assets, Net of
Accumulated Depreciation 1,215,163 255,833 - 215,298 1,686,294 Net Capital Assets 1,215,163 255,833 - 329,255 1,800,251 Total Assets 3,443,922 1,990,659 8,397,951 2,992,911 16,825,443
LIABILITIES
Current Liabilities:
Accounts Payable 190,799 194,428 316,351 17,957 719,535 Accrued Compensated Absences 14,614 26,893 - 10,601 52,108 Accrued Claims and Judgments - - 2,415,620 - 2,415,620 Total Current Liabilities 205,413 221,321 2,731,971 28,558 3,187,263 Noncurrent Liabilities:
Accrued Compensated Absences 9,302 11,406 - - 20,708 Accrued Claims and Judgments - - 5,042,143 - 5,042,143 Total Noncurrent Liabilities 9,302 11,406 5,042,143 - 5,062,851 Total Liabilities 214,715
232,727 7,774,114 28,558 8,250,114
NET POSITION
Net Investment In Capital Assets 1,124,308 255,833 - 215,298 1,595,439 Unrestricted 2,104,899 1,502,099 623,837 2,749,055 6,979,890 Total Net Position 3,229,207 $ 1,757,932 $ 623,837 $ 2,964,353 $ 8,575,329 $
3.a
Packet Pg. 289
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN NET POSITION
INTERNAL SERVICE FUNDS
YEAR ENDED JUNE 30, 2023
(141)
Governmental Activities - Internal Service Funds
Facility and
Equipment Information Automotive
Maintenance Services Insurance Shop Total
OPERATING REVENUES
Sales and Service Charges 949,642 $ 893,838 $ 8,754,785 $ 746,550 $ 11,344,815 $ Miscellaneous 169 - - - 169 Total Operating Revenues 949,811 893,838 8,754,785 746,550 11,344,984
OPERATING EXPENSES
Salaries and Benefits 469,193 442,907 253,743 242,384 1,408,227 Maintenance and Operations 388,417 657,095 2,248,318 245,602 3,539,432 Contractual Services 32,359 44,225 215,998 - 292,582 Claims and Benefits - - 4,404,394 - 4,404,394 Depreciation Expense 101,477 49,747 - 35,256 186,480 Total Operating Expenses 991,446 1,193,974 7,122,453 523,242 9,831,115 OPERATING INCOME (LOSS) (41,635) (300,136) 1,632,332 223,308 1,513,869
NONOPERATING EXPENSE
Net Investment Income (Loss) 37,885 28,789 66,629 36,543 169,846 Total Nonoperating Expense 37,885 28,789 66,629 36,543 169,846 INCOME (LOSS) BEFORE TRANSFERS (3,750) (271,347) 1,698,961 259,851 1,683,715 TRANSFERS OUT (15,718) (20,459) (11,352) (14,720) (62,249) CHANGE IN NET POSITION (19,468) (291,806) 1,687,609 245,131 1,621,466 Net Position - Beginning of Year 3,248,675 2,049,738 (1,063,772) 2,719,222 6,953,863 NET POSITION - END OF YEAR 3,229,207$ 1,757,932 $ 623,837 $ 2,964,353 $ 8,575,329 $
3.a
Packet Pg. 290
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF CASH FLOWS
INTERNAL SERVICE FUNDS
YEAR ENDED JUNE 30, 2023
(142)
Governmental Activities - Internal Service Funds
Facility and
Equipment Information Automotive
Maintenance Services Insurance Shop Total
CASH FLOWS FROM OPERATING ACTIVITIES
Cash Received from Customers and Users 949,811 $ 893,838 $ 8,681,813 $ 746,549 $ 11,272,011$ Cash Paid to Suppliers for Goods and Services (342,068) (536,323) (7,189,579) (241,302) (8,309,272) Cash Paid to Employees for Services (464,929) (437,621) (253,743) (249,951) (1,406,244) Net Cash Provided (Used) by
Operating Activities 142,814 (80,106) 1,238,491 255,296 1,556,495
CASH FLOWS FROM NONCAPITAL
FINANCING ACTIVITIES
Cash Paid to Other Funds (15,718) (20,459) (11,352) (14,720) (62,249) Net Cash Used by Noncapital
Financing Activities (15,718) (20,459) (11,352) (14,720) (62,249)
CASH FLOWS FROM CAPITAL AND
RELATED FINANCING ACTIVITIES
Acquisition and Construction of Capital Assets (331,369) - - - (331,369) Net Cash Used by Capital and
Related Financing Activities (331,369) - - - (331,369)
CASH FLOWS FROM INVESTING ACTIVITIES
Interest Received 28,135 21,281 36,148 24,379 109,943 Net Cash Provided by
Investing Activities 28,135 21,281 36,148 24,379 109,943
NET CHANGE IN CASH AND CASH
EQUIVALENTS (176,138) (79,284) 1,263,287 264,955 1,272,820 Cash and Cash Equivalents - Beginning of Year 2,391,668 1,804,028 7,022,510 2,383,080 13,601,286
CASH AND CASH EQUIVALENTS -
END OF YEAR 2,215,530$ 1,724,744 $ 8,285,797 $ 2,648,035 $ 14,874,106 $
RECONCILIATION OF OPERATING INCOME
(LOSS) TO NET CASH PROVIDED (USED)
BY OPERATING ACTIVITIES
Operating Income (Loss) (41,635) $ (300,136) $ 1,632,332 $ 223,308 $ 1,513,869 $ Adjustments to Reconcile Operating Income (Loss)
to Net Cash Provided (Used) by Operating Activities:
Depreciation Expense 101,477 49,747 - 35,256 186,480 Changes in Assets and Liabilities:
(Increase) Decrease in Accounts Receivable - - (72,972) - (72,972) (Increase) Decrease in Prepaid Assets - - - - - Increase (Decrease) in Accounts Payable 78,708 164,997 (168,742) 4,300 79,263 Increase (Decrease) in Compensated Absences 4,264 5,286 - (7,568) 1,982 Increase (Decrease) in Claims and Judgments - - (152,127) - (152,127) Net Cash Provided (Used) by
Operating Activities 142,814 $ (80,106) $ 1,238,491 $ 255,296 $ 1,556,495 $
3.a
Packet Pg. 291
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
CUSTODIAL FUNDS
JUNE 30, 2023
(143)
Custodial Funds. Are used to account for assets held by the City as an agent for individuals, private organizations, other governments and/or other funds. Custodial Funds operate as a clearing mechanism. Cash resources are collected, held for a brief period and then distributed to the proper recipients. The City has a fiduciary responsibility for the assets, which it does not own. The following are classified as custodial funds in the financial statements.
Assessment Districts Fund – To account for funds collected from Assessment Districts.
Evidence Fund – To account for monies seized by police as evidence.
3.a
Packet Pg. 292
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF FIDUCIARY NET POSITION
ALL CUSTODIAL FUNDS
JUNE 30, 2023
(144)
Assessment
Districts Evidence
Fund Fund Total
ASSETS
Cash and Investments 205,227 $ 273,096 $ 478,323 $ Receivables:
Taxes 9,956 - 9,956 Accrued Interest 1,501 1,622 3,123 Prepaid Expense 15,783 - 15,783 Total Assets 232,467 274,718 507,185
LIABILITIES
Accounts Payable 11,532 - 11,532 Due to Other Governments 37,763 - 37,763 Total Liabilities 49,295 - 49,295
NET POSITION
Held for Other Individuals and Organizations 183,172 274,718 457,890 Total Net Position 183,172 $ 274,718 $ 457,890 $
3.a
Packet Pg. 293
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
ALL CUSTODIAL FUNDS
YEAR ENDED JUNE 30, 2023
(145)
Assessment
Districts Evidence
Fund Fund Total
ADDITIONS
Taxes 531,725 $ - $ 531,725$ Evidence Deposits - 29,494 29,494 Interest and Change in Fair Value of Investments 1,087 4,024 5,111 Total Additions 532,812 33,518 566,330
DEDUCTIONS
Return of deposits - 15,910 15,910 Administrative Expenses 160,640 - 160,640 Professional Services 205,336 - 205,336 Utilities 79,671 - 79,671
Principal Payment 27,272 - 27,272 Interest Expense 4,294 - 4,294
Capital Outlay 18,108 - 18,108
Total Deductions 495,321 15,910 511,231 CHANGE IN NET POSITION 37,491 17,608 55,099 Net Position - Beginning of Year 145,681 257,110 402,791 NET POSITION - END OF YEAR 183,172$ 274,718 $ 457,890 $
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Packet Pg. 294
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PRIVATE-PURPOSE TRUST FUNDS
JUNE 30, 2023
(146)
Private-Purpose Trust Funds . Are used to account for assets and related liabilities for the Cemetery Fund and former Redevelopment Agency.
Cemetery Fund – To account for donations made to the City for the Cemetery.
Successor Agency of the Former RDA – To account for the assets and liabilities of the former redevelopment agency and its allocated revenue to pay estimated installment payments of enforceable obligations until the obligations of the former redevelopment agency are paid in full and assets have been liquidated.
3.a
Packet Pg. 295
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF FIDUCIARY NET POSITION
ALL PRIVATE-PURPOSE TRUST FUNDS
JUNE 30, 2023
(147)
Successor
Cemetery Agency of the
Fund Former RDA Total
ASSETS
Cash and Investments 988,477 $ 1,757,953 $ 2,746,430 $ Receivables:
Accounts 10,235 - 10,235 Accrued Interest 5,852 11,776 17,628 Restricted Assets:
Cash and Investments 339,414 - 339,414 Total Assets 1,343,978 1,769,729 3,113,707
LIABILITIES
Accrued Interest - 151,931 151,931 Deposits Payable 230,799 - 230,799 Long-Term Liabilities:
Due in One Year - 1,060,000 1,060,000 Due in More than One Year - 7,974,107 7,974,107 Total Liabilities 230,799 9,186,038 9,416,837
NET POSITION
Held for Other Individuals and Organizations 1,113,179 (7,416,309) (6,303,130) Total Net Position 1,113,179 $ (7,416,309) $ (6,303,130) $
3.a
Packet Pg. 296
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET POSITION
ALL PRIVATE-PURPOSE TRUST FUNDS
YEAR ENDED JUNE 30, 2023
(148)
Successor
Cemetery Agency of the
Fund Former RDA Total
ADDITIONS
Contributions 42,100 $ - $ 42,100$ Taxes - 1,430,065 1,430,065 Interest and Change in Fair Value of Investments 17,604 24,079 41,683 Total Additions 59,704 1,454,144 1,513,848
DEDUCTIONS
Administrative Expenses - 5,727 5,727 Interest Expense - 282,729 282,729 Total Deductions - 288,456 288,456 CHANGE IN NET POSITION 59,704 1,165,688 1,225,392 Net Position - Beginning of Year 1,053,475 (8,581,997) (7,528,522) NET POSITION - END OF YEAR 1,113,179$ (7,416,309) $ (6,303,130) $
3.a
Packet Pg. 297
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
(149)
STATISTICAL SECTION
(UNAUDITED)
3.a
Packet Pg. 298
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
(150)
THIS PAGE INTENTIONALLY LEFT BLANK
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Packet Pg. 299
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
DESCRIPTION OF STATISTICAL SECTION CONTENTS
JUNE 30, 2023
(151)
This part of the City of Cerritos’s annual comprehensive financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the City’s overall financial health.
Contents
Pages
Financial Trends 153 – 158
These schedules contain trend information to help the reader understand how the City’s financial performance and well-being have changed over time
Revenue Capacity 159
– 165
These schedules contain information to help the reader assess the factors affecting the City’s ability to generate its property and sales taxes.
Debt Capacity 166
– 169
These schedules present information to help the reader assess the affordability of the City’s current levels of outstanding debt and the City’s ability to issue additional debt in the future.
Demographic and Economic Information 170
– 171
These schedules offer demographic and economic indicators to help the reader understand the environment within which the City’s financial activities take place and to help make comparisons over time and with other governments.
Operating Information 172
– 174
These schedules contain information about the City’s operations and resources to help the reader understand how the City’s financial information relates to the services the City provides and the activities it performs.
Sources: Unless otherwise noted, the information in these schedules is derived from the annual comprehensive financial reports for the relevant year. The City implemented Statement 34 in 2004; schedules presenting government wide information include information beginning in that year.
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Packet Pg. 300
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
(152)
THIS PAGE INTENTIONALLY LEFT BLANK
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Packet Pg. 301
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
NET POSITION BY COMPONENT
LAST TEN FISCAL YEARS
(MODIFIED ACCRUAL BASIS OF ACCOUNTING)
(153)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Governmental activities
Net Investment in capital assets 43,095,860$ 46,899,623 $ 56,026,601 $ 56,241,790 $ 57,614,290 $ 60,205,081 $ 65,722,642 $ 68,923,235 $ 70,778,736 $ 77,436,477 $ Restricted 20,361,237 16,468,723 14,170,252 17,069,028 18,434,877 25,567,031 27,951,561 27,387,272 30,596,051 33,348,496 Unrestricted (22,553,661) (80,117,919) (81,162,735) (78,864,619) (94,872,475) (92,639,601) (94,410,149) (87,788,475) (85,682,326) (73,425,073) Total governmental activities net position 40,903,436$ (16,749,573) $ (10,965,882) $ (5,553,801) $ (18,823,308) $ (6,867,489) $ (735,946) $ 8,522,032 $ 15,692,461 $ 37,359,900 $ Business-type activities
Net Investment in capital assets 49,223,276$ 44,938,671 $ 53,428,783 $ 54,049,081 $ 67,086,623 $ 67,651,026 $ 68,820,782 $ 67,274,292 $ 72,029,871 $ 79,504,413 $ Restricted 5,241,786 6,099,568 5,566,576 12,138,780 3,932,103 3,982,965 4,072,437 3,677,027 3,373,481 3,722,910 Unrestricted 57,726,136 52,154,989 51,134,616 49,189,201 47,080,519 56,113,738 61,100,251 70,685,437 68,030,129 63,753,900 Total business-type activities net position 112,191,198$ 103,193,228 $ 110,129,975 $ 115,377,062 $ 118,099,245 $ 127,747,729 $ 133,993,470 $ 141,636,756 $ 143,433,481 $ 146,981,223 $ Primary government
Net Investment in capital assets 92,319,136$ 91,838,294 $ 109,455,384 $ 110,290,871 $ 124,700,913 $ 127,856,107 $ 134,543,424 $ 136,197,527 $ 142,808,607 $ 156,940,890 $ Restricted 25,603,023 22,568,291 19,736,828 29,207,808 22,366,980 29,549,996 32,023,998 31,064,299 33,969,532 37,071,406 Unrestricted 35,172,475 (27,962,930) (30,028,119) (29,675,418) (47,791,956) (36,525,863) (33,309,898) (17,103,038) (17,652,197) (9,671,173) Total primary government net position 153,094,634$ 86,443,655 $ 99,164,093 $ 109,823,261 $ 99,275,937 $ 120,880,240 $ 133,257,524 $ 150,158,788 $ 159,125,942 $ 184,341,123 $ Notes: Per GASB 63, Net Assets have been replaced with Net Position for fiscal year 2013.
All descriptions have been changed to conform with this requirement.
The City began to report accrual information when it implemented GASB Statement 34 in fiscal year 2004 Fiscal Year
3.a
Packet Pg. 302
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
CHANGES IN NET POSITION
LAST TEN FISCAL YEARS
(MODIFIED ACCRUAL BASIS OF ACCOUNTING)
(154)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Expenses
Governmental activities:
General government 6,239,147$ 694,457 $ 1,435,968 $ 2,827,380 $ 3,323,729 $ 2,575,487 $ 4,231,203 $ 3,571,304 $ (329,592) $ 3,285,303 $ Community Services 4,026,235 5,914,164 6,523,836 6,406,777 6,327,804 7,188,321 7,328,898 7,608,513 7,766,888 9,134,013 Public Works 6,184,741 6,113,896 7,588,622 6,946,020 6,171,521 6,011,976 6,502,500 6,685,834 6,696,575 7,640,099 Public Safety 19,593,426 23,699,722 25,583,592 27,803,253 28,429,019 31,119,615 33,887,766 35,333,948 40,062,962 26,007,014 Interest on long-term debt 2,330,757 2,232,834 2,151,410 2,067,915 2,148,554 1,773,988 1,744,808 1,659,041 1,604,186 1,509,189 Total governmental activities expenses 38,374,306 38,655,073 43,283,428 46,051,345 46,400,627 48,669,387 53,695,175 54,858,640 55,801,019 47,575,618 Business-type activities:
Electric 49,779,468 49,403,697 50,351,428 51,120,030 48,785,845 51,029,071 47,901,891 48,765,106 53,748,647 63,630,884 Water 11,043,511 8,386,330 7,536,133 8,347,920 8,728,560 9,005,710 9,725,277 9,898,697 8,836,901 10,459,233 Wastewater 7,993,337 8,024,680
8,877,863 9,392,971 9,410,998 9,365,512 10,104,456 9,664,981 9,933,047 10,470,499 Total business-type activities expenses 68,816,316 65,814,707 66,765,424 68,860,921 66,925,403 69,400,293 67,731,624 68,328,784 72,518,595 84,560,616 Total primary government expenses 107,190,622 $ 104,469,780 $ 110,048,852 $ 114,912,266 $ 113,326,030 $ 118,069,680 $ 121,426,799 $ 123,187,424 $ 128,319,614 $ 132,136,234 $ Program Revenues
Governmental activities:
Charges for services 7,537,312$ 6,477,891 $ 5,896,532 $ 9,000,436 $ 8,344,863 $ 9,909,845 $ 9,471,119 $ 9,203,272 $ 8,269,683 $ 8,702,663 $ Operating contributions and grants 913,838 1,264,744 1,340,325 2,885,802 3,308,845 3,121,417 2,717,641 5,414,145 6,833,007 7,690,358 Capital contributions and grants 3,654,570 5,222,009 11,366,710 2,860,446 3,974,921 7,642,045 6,028,770 4,609,335 4,156,484 5,210,696 Total governmental activities program revenues 12,105,720 12,964,644 18,603,567 14,746,684 15,628,629 20,673,307 18,217,530 19,226,752 19,259,174 21,603,717 Business-type activities:
Charges for services:
Electric 61,405,359 61,977,859 62,806,729 64,768,274 65,166,954 65,238,492 61,775,835 63,818,932 63,122,470 71,519,700 Water 15,331,223 9,849,772 9,236,478 11,370,396 12,722,986 13,273,647 13,022,199 13,560,186 13,528,013 13,178,739 Wastewater 9,176,247 10,124,146 9,395,918 10,183,882 9,944,984 9,833,469 9,898,411 10,696,082 9,396,533 10,334,528 Operating grants and contributions - - - - - - - - - 73,800 Total business-type activities program revenues 85,912,829 81,951,777 81,439,125 86,322,552 87,834,924 88,345,608 84,696,445 88,075,200 86,047,016 95,106,767 Total primary government program revenues 98,018,549$ 94,916,421 $ 100,042,692 $ 101,069,236 $ 103,463,553 $ 109,018,915 $ 102,913,975 $ 107,301,952 $ 105,306,190 $ 116,710,484 $ Fiscal Year
3.a
Packet Pg. 303
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
CHANGES IN NET POSITION (CONTINUED)
LAST TEN FISCAL YEARS
(MODIFIED ACCRUAL BASIS OF ACCOUNTING)
(155)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Net (Expense)/Revenue
Governmental activities (26,268,586) $ (25,690,429) $ (24,679,861) $ (31,304,661) $ (30,771,998) $ (27,996,080) $ (35,477,645) $ (35,631,888) $ (36,541,845) $ (25,971,901) $ Business-type activities 17,096,513 16,137,070 14,673,701 17,461,631 20,909,521 18,945,315 16,964,821 19,746,416 13,528,421 10,546,151 Total primary government net expense (9,172,073) $ (9,553,359) $ (10,006,160) $ (13,843,030) $ (9,862,477) $ (9,050,765) $ (18,512,824) $ (15,885,472) $ (23,013,424) $ (15,425,750) $ General Revenues and Other Changes in Net Position
Governmental activities:
Taxes
Property taxes 8,210,221$ 8,553,676 $ 9,091,011 $ 9,202,416 $ 9,718,702 $ 10,693,887 $ 11,416,280 $ 12,666,201 $ 13,347,412 $ 15,142,416 $ Sales taxes 8,057,783 7,858,489 8,499,869 9,111,126 9,360,121 11,263,771 10,672,833 13,630,270 14,143,702 16,432,934 Other taxes 1,719,666 1,952,231 2,049,089 2,518,622 2,867,325 2,969,762 3,008,167 3,703,290 3,907,479 3,915,070 Motor vehicle in lieu - - - 23,900 28,361 25,788 43,048 39,692 62,612 55,169 Use of money and property 1,964,313 1,953,756 2,119,057 1,934,110 1,930,035 3,121,914 3,115,824 1,728,740 894,619 3,163,201 Other 227,926 470,125 463,315 643,118 462,857 315,652 513,297 914,307 295,235 557,609 Transfers 8,321,062 7,888,680 8,072,681 12,910,188 13,252,825 11,561,125 12,841,494 12,207,366 11,061,215 9,061,987 Extraordinary gain (loss) - 4,991,938 - 575,630 - - - - - - Total governmental activities 28,500,971 33,668,895 30,295,022 36,919,110 37,620,226 39,951,899 41,610,943 44,889,866 43,712,274 48,328,386 Business-type activities:
Use of money and property 198,891 248,948 335,727 425,594 740,256 2,261,794 2,119,913 104,236 (670,481) 2,063,578 Other - 4,000 - 123,233 76,418 2,500 2,500 - - - Transfers (8,321,062) (7,888,680) (8,072,681) (12,910,188) (13,252,825) (11,561,125) (12,841,494) (12,207,366) (11,061,215) (9,061,987) Special Item (4,991,938) - - - - Total business-type activities (8,122,171) (12,627,670) (7,736,954) (12,361,361) (12,436,151) (9,296,831) (10,719,081) (12,103,130) (11,731,696) (6,998,409) Total primary government 20,378,800 $ 21,041,225 $ 22,558,068 $ 24,557,749 $ 25,184,075 $ 30,655,068 $ 30,891,862 $ 32,786,736 $ 31,980,578 $ 41,329,977 $ Change in Net Position
Governmental activities 2,232,385 7,978,466 5,615,161 5,614,449 6,848,228 11,955,819 6,133,298 9,257,978 7,170,429 22,356,485 Business-type activities 8,974,342 3,509,400 6,936,747 5,100,270 8,473,370 9,648,484 6,245,740 7,643,286 1,796,725 3,547,742 Total primary government 11,206,727 $ 11,487,866 $ 12,551,908 $ 10,714,719 $ 15,321,598 $ 21,604,303 $ 12,379,038 $ 16,901,264 $ 8,967,154 $ 25,904,227 $ Notes: Per GASB 63, Net Assets have been replaced with Net Position for fiscal year 2013.
All descriptions have been changed to conform with this requirement.
Fiscal Year
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Packet Pg. 304
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
(156)
THIS PAGE INTENTIONALLY LEFT BLANK
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Packet Pg. 305
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
FUND BALANCES OF GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
(MODIFIED ACCRUAL BASIS OF ACCOUNTING)
(157)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
General Fund
Nonspendable 180,275$ 176,275 $ 174,830 $ 188,203 $ 177,457 $ 168,716 $ 272,863 $ 198,001 $ 206,628 $ 347,650 $ Restricted - - - - - - - - - - Committed 300,000 650,000 250,000 10,000 9,626,244 14,708,973 19,454,429 28,913,975 29,902,238 32,983,270 Unassigned 1,869,686 6,164,277 4,271,446 9,927,323 5,543,889 6,290,763 6,855,895 8,578,560 12,162,544 11,825,266 Total general fund 2,349,961 $ 6,990,552 $ 4,696,276 $ 10,125,526 $ 15,347,590 $ 21,168,452 $ 26,583,187 $ 37,690,536 $ 42,271,410 $ 45,156,186 $ All Other Governmental Funds
Nonspendable 6,060$ 4,441 $ - $ - $ - $ - $ - $ - $ - $ - $ Restricted:
Reported in:
Special revenue funds 4,005,603 6,753,755 2,543,762 2,158,316 2,111,033 2,128,718 2,352,356 9,842,460 2,344,712 13,012,798 Capital projects funds 10,108,342 4,838,534 7,182,195 10,698,667 13,036,149 20,110,852 21,899,172 14,132,450 24,567,489 14,682,889 Debt service funds 5,408,990 4,876,434 4,444,295 4,212,045 3,177,656 2,548,244 2,665,895 2,761,977 2,857,868 3,052,592 Unassigned (225,127) (18,741) (887,620) (158,625) (33,768) (680,426) (519,148) (577,288) (1,086,476) (1,346,034) Total all other governmental funds 19,303,868$ 16,454,423 $ 13,282,632 $ 16,910,403 $ 18,291,070 $ 24,107,388 $ 26,398,275 $ 26,159,599 $ 28,683,593 $ 29,402,245 $ Fiscal Year
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Packet Pg. 306
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS
LAST TEN FISCAL YEARS
(MODIFIED ACCRUAL BASIS OF ACCOUNTING)
(158)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Revenues
Taxes (see Schedule 6) 17,508,354$ 18,644,819 $ 19,992,200 $ 21,374,816 $ 22,920,786 $ 25,534,177 $ 25,705,585 $ 30,621,368 $ 32,037,551 $ 36,124,993 $ Licenses and permits 1,455,343 1,568,458 1,532,839 2,158,020 2,122,915 2,456,053 2,210,285 2,253,754 2,090,893 2,404,931 Intergovernmental 7,109,951 9,027,405 6,695,110 6,750,490 8,130,222 7,826,458 7,293,588 10,845,565 11,057,705 14,088,005 Charges for services 3,586,647 2,286,659 2,863,695 5,338,021 4,415,283 5,284,006 4,942,692 4,222,825 2,942,440 3,339,237 Use of money and property 1,866,625 1,838,400 2,081,510 1,841,970 1,808,418 2,720,043 2,791,998 1,811,762 1,023,529 3,063,549 Fines and fortfeitures 327,968 326,266 257,167 324,052 293,338 668,746 528,895 355,974 578,763 636,057 Contributions - 100,000 50,000 50,000 25,000 75,000 - - 673,497 18,108 Miscellaneous 736,292 426,201 344,447 1,400,485 584,222 3,587,943 1,189,027 2,264,629 1,050,118 1,155,443 Total revenues 32,591,180 34,218,208 33,816,968 39,237,854 40,300,184 48,152,426 44,662,070 52,375,877 51,454,496 60,830,323 Expenditures
General government 5,341,985 1,657,504 1,620,270 1,734,529 321,900 (217,498) 991,683 1,959,697 1,344,653 1,905,690 Community services 3,718,925 5,758,428 6,423,695 6,242,637 6,392,928 7,065,151 7,145,490 7,479,199 7,745,898 8,994,497 Public works 2,336,376 3,854,359 6,123,692 4,965,789 5,003,419 6,496,037 4,259,048 4,664,991 4,577,073 5,170,665 Public safety 18,741,009 23,994,482 24,812,941 24,887,153 26,903,919 28,053,672 28,420,527 32,002,838 36,521,459 36,854,959 Capital outlay 2,463,088 6,203,435 4,455,227 2,304,395 1,875,917 2,412,236 6,049,130 4,534,453 2,039,693 9,325,777 Debt service
Principal retirement 2,097,196 2,382,575 2,438,015 2,283,384 2,807,618 2,150,825 1,553,312 1,707,772 1,891,330 2,067,380 Interest and fiscal charges 2,109,066 2,014,724 1,919,585 1,815,802 1,979,476 1,495,033 1,433,265 1,425,673 1,351,728 1,343,116 Total expenditures 36,807,645 45,865,507 47,793,425 44,233,689 45,285,177 47,455,456 49,852,455 53,774,623 55,471,834 65,662,084 Excess (Deficiency) of revenues
over (under) expenditures (4,216,465) (11,647,299) (13,976,457) (4,995,835) (4,984,993) 696,970 (5,190,385) (1,398,746) (4,017,338) (4,831,761) Other Financing Sources (Uses)
Lease Liabilities - - - - - 637,877 - - - - Transfers in 14,255,862 - 13,354,411 17,356,134 17,061,464 15,155,093 15,519,532 16,155,531 13,984,689 12,142,799 Transfers out (5,885,038) - (5,232,594) (4,396,281) (5,473,740) (4,852,760) (2,621,770) (3,888,112) (2,862,483) (3,018,563) Proceeds from sale of capital asse
t - - 220,043 953,001 - - - - - - Total other financing
sources (uses) 8,370,824 - 8,341,860 13,912,854 11,587,724 10,940,210 12,897,762 12,267,419 11,122,206 9,124,236 Net change in
fund balances 4,154,359 $ (11,647,299)$ (5,634,597) $ 8,917,019 $ 6,602,731 $ 11,637,180 $ 7,707,377 $ 10,868,673 $ 7,104,868 $ 4,292,475 $ Debt service as a percentage
of noncapital expenditures 12.2% 11.1% 10.1% 9.8% 11.4% 8.6% 6.8% 6.5% 6.3% 6.1% Fiscal Year
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Packet Pg. 307
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
ASSESSED VALUE AND ESTIMATED ACTUAL VALUE OF TAXABLE PROPERTY
LAST TEN FISCAL YEARS
(IN THOUSANDS OF DOLLARS)
(159)
Estimated
Total Taxable Total Actual
Fiscal Residential Commercial Industrial Other Assessed Tax Taxable Year Property Property Property Property Value Rate Value 2014 1,549,010 378,654 296,797 460,222 2,684,683 1.5285 2,604,773 2015 1,691,422 380,700 299,029 473,308 2,844,459 1.4727 2,793,113 2016 1,808,514 394,965 331,818 470,056 3,005,353 1.5573 2,896,554 2017 1,938,923 414,150 363,719 471,394 3,188,186 1.5216 3,066,251 2018 2,043,492 446,500 421,108 506,210 3,417,311 1.4804 3,289,462 2019 2,155,768 467,165 471,400 577,085 3,671,418 1.4945 3,540,801 2020 2,347,060 492,141 575,382 517,016 3,931,600 1.4820 3,770,650 2021 2,466,823 501,153 676,381 543,226 4,187,582 1.4946 4,019,966 2022 2,626,441 550,345 798,984 697,463 4,673,233 1.4833 4,501,962 2023 2,839,655 572,325 1,035,767 781,790 5,229,537 1.4030 5,016,941 *Source: San Bernardino County Assessor 2022/23 Combined Tax Rolls. HdL, Coren & Cone
3.a
Packet Pg. 308
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PROPERTY TAX RATES
ALL OVERLAPPING GOVERNMENTS
LAST TEN FISCAL YEARS
(RATE PER $1,000 OF ASSESSED VALUE)
(160)
San Bernardino San Bernardino City's Share
Fiscal Basic Colton Unified Rialto Unified Community Unified School San Bernardino Total D&O of 1% Levy per Redevelopment Total Direct Year Levy School District School District College Board Bond Valley Water Tax Rate (2) Prop 13 (3) Rate (4) Rate (5) 2014 1.0000 0.1187 0.0704 0.0419 0.1350 0.1625 1.5285 0.16801 0.16647 2015 1.0000 0.0973 0.0655 0.0393 0.1081 0.1625 1.4727 0.16801 0.16646 2016 1.0000 0.1169 0.1194 0.0403 0.1182 0.1625 1.5573 0.16801 0.16642 2017 1.0000 0.1454 0.0992 0.0350 0.0795 0.1625 1.5216 0.16801 0.16644 2018 1.0000 0.0939 0.0957 0.0376 0.1007 0.1525 1.4804 0.16801 0.16637 2019 1.0000 0.1116 0.0771 0.0407 0.1126 0.1525 1.4945 0.16801 0.16622 2020 1.0000 0.1016 0.0848 0.0562 0.0969 0.1425 1.4820 0.16801 0.16627 2021 1.0000 0.1031 0.0805 0.0651 0.1034 0.1425 1.4946 0.16801 0.16160 2022 1.0000 0.1081 0.0829 0.0534 0.1089 0.1300 1.4833 0.16801 0.15871 2023 1.0000 0.0656 0.0746 0.0450 0.0878 0.1300 1.4030 0.16801 0.16005 Source: San Bernardino County Assessor's Office, Tax Rate Table, HdL, Coren & Cone Notes:
(1)
(2)
(3)
(4)
(5) Total Direct Rate is the weighted average of all individual direct rates applied by the City/Agency preparing the statistical section information and excludes revenues derived from aircraft. Beginning in 2013/14 the Total Direct Rate no longer includes revenue generated from the former redevelopment tax rate areas. Challenges to recognized enforceable obligations are assumed to have been resolved during 2012/13. For the purposes of this report, residual revenue is assumed to be distributed to the City/Agency in the same proportions as general fund revenue.
City's Share of 1% Levy is based on the City's share of the general fund tax rate area with the largest net taxable value within the City. ERAF general fund tax shifts may not be included in tax ratio figures.
In 1978, California voters passed Proposition 13 which set the property tax rate at a
1.00% fixed amount. This 1.00% is shared by all taxing agencies for which the subject property resides within. In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment of any voter-approved bonds.
Overlapping rates are those of local and county governments that apply to property owners within the City. Not all overlapping rates apply to all city property owners.
Redevelopment Rate is based on the largest RDA tax rate area and only includes rate(s) from indebtedness adopted prior to 1989 per California State statute. RDA direct and overlapping rates are applied only to the incremental property values. The approval of ABX1 26 eliminated Redevelopment from the State of California for the fiscal year 2012/13 and years thereafter.
3.a
Packet Pg. 309
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PRINCIPAL PROPERTY TAX PAYERS
CURRENT YEAR AND NINE YEARS AGO
(161)
Percentage
of Total City
Assessed Assessed Assessed
Taxpayer Value Value Rank Value
Hart Agua Mansa LLC 127,500,000 1 2.54%
Lineage Master RE 3 LLC 98,251,477 2 1.96%
Walmart 95,540,056 3 1.90%
MG District Appartments WTS LLC 89,760,000 4 1.79% LBA RV-Company XI LP 86,700,000 5 1.73%
Tides at Grand Terrace Owner LLC 74,458,480 6 1.48% WSRE CP Colton Owner LP 70,000,000 7 1.40%
Fedex Group Package System Inc 65,858,397 8 1.31% Alpha Z LA Industrial 3 LLC 57,500,000 9 1.15% Wanvog Investments LLC 51,255,694 10 1.02% 36,458,118 2 1.40% Ashley Furniture Industries, Inc. 46,735,560 1 1.79% Meadow Lane Apartments LLC 36,186,870 3 1.39%
Robert J and B A Neal Trust 29,366,988 4 1.13% CSM Bakery Products NA Inc 29,293,780 5 1.12%
My Montecito III 24,080,328 6 0.92%
Grand Terrace Apartments California 21,642,343 7 0.83% Falcon Colton LLC 18,742,500 8 0.72%
Ecology Auto Parts Inc 18,175,852 9 0.70%
RC Real Estate Investments Inc 17,850,000 10 0.69% Total 816,824,104 $ 16.28% 278,532,339 $ 10.69% City Total 5,016,940,896 $ 2,604,772,769 $
Source: HdL Coren & Cone (San Bernardino County Assessor 2022/23 Combined Tax Rolls and the SBE Non Unitary Tax Roll) 2023
Rank
Percentage of
Total City
Assessed
Value
2014
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Packet Pg. 310
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PROPERTY TAX LEVIES AND COLLECTIONS
LAST TEN FISCAL YEARS
(162)
Fiscal
Year Taxes Levied Collections
Ended for the Percentage in Subsequent Percentage
June 30, Fiscal Year Amount of Levy Years Amount of Levy 2014 2,478,938 2,409,746 97.21% 237,925 2,647,671 106.81% 2015 2,653,886 2,590,006 97.59% 145,096 2,735,103 103.06% 2016 2,818,148 2,746,894 97.47% 150,086 2,896,980 102.80% 2017 3,007,413 2,948,120 98.03% 97,962 3,046,082 101.29% 2018 3,251,531 3,208,221 98.67% 122,644 3,330,865 102.44% 2019 3,866,230 3,786,646 97.94% 112,567 3,899,213 100.85% 2020 4,199,560 4,110,313 97.87% 50,650 4,160,963 99.08% 2021 4,208,109 4,434,991 105.39% 69,993 4,504,984 107.05% 2022 4,920,482 4,857,954 98.73% 65,882 4,923,836 100.07% 2023 5,605,287 5,491,110 97.96% 67,755 5,558,865 99.17% (1) Data provided by the San Bernardino County Assessor's Office for collection of prior year taxes does not segregate the information by fiscal year. Therefore, the City is unable to provide this information in the above schedule. (2) The Percentage of Levy may exceed 100% if the amounts collected for subsequent years exceed the delinquency. (3) Taxes levied for the fiscal year do not include roll corrections.
Source: County of San Bernardino Auditor-Controller - Property Tax Division Collected within the
Fiscal Year of the Levy Total Collections
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Packet Pg. 311
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
TAXABLE SALES BY CATEGORY
LAST TEN CALENDAR YEARS
(IN THOUSANDS OF DOLLARS)
(163)
2022 2021 2020 2019 2018 2017 2016 2015 2014 2013
Food Stores 51,821 $ 48,432 $ 44,015 $ 49,272 $ 48,391 $ 41,426 $ 42,616 $ 43,994 $ 45,502 $ 37,311 $ Eating and Drinking Places 111,567 110,280 86,252 84,418 77,833 73,909 71,469 65,441 59,595 55,333 Building Materials 127,406 118,047 101,079 109,459 145,448 134,653 108,327 86,755 79,713 63,885 Auto Dealers and Supplies 343,339 368,774 337,353 258,448 231,549 214,682 202,686 193,814 178,534 181,793 Service Stations 167,629 134,265 97,740 124,107 108,230 86,994 73,259 77,420 92,531 89,565 Other Retail Stores 165,529 181,580 152,432 150,504 146,398 140,152 151,424 137,254 122,343 123,763 All Other Outlets 395,318 369,645 354,779 273,744 238,180 215,035 189,468 178,787 160,301 149,862 Total 1,362,609 $ 1,331,023 $ 1,173,650 $ 1,049,952 $ 996,029 $ 906,851 $ 839,249 $ 783,465 $ 738,519 $ 701,512 $ Sources: HdL, Coren & Cone (State of California Board of Equalization, California Department of Tax and Fee Administration, State Controller's Office, The HdL Companies) Note: Due to confidentiality issues, the names of the ten largest revenue payers are not available. The categories presented are intended to provide alternative information regarding the sources of the City's revenue.
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
DIRECT AND OVERLAPPING SALES TAX RATES
LAST TEN FISCAL YEARS
(164)
Fiscal Year City & Local San Bernardino County
2014 1.00% 0.50%
2015 1.00% 0.50%
2016 1.00% 0.50%
2017 1.00% 0.50%
2018 1.00% 0.25%
2019 1.00% 0.25%
2020 1.00% 0.25%
2021 1.00% 0.25%
2022 1.00% 0.25%
2023 1.00% 0.25%
Sources: California department of Tax & Fee Administration website On November 8, 2022 the voters passed Measure S which became effective April 1, 2023.
Measure S is a one percent transaction and use tax.
Notes: The city sales tax rate may be changed only with the approval of the state legislature.
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Packet Pg. 313
Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PRINCIPAL SALES TAX REMITTERS – IDENTIFIED BY CATEGORY, TOP 25
CURRENT YEAR AND NINE YEARS AGO
(165)
2023 2014
Service Stations Service Stations
Service Stations Service Stations
Service Stations Service Stations
Home Furnishings Service Stations
Used Automotive Dealers Home Furnishings
New Motor Vehicle Dealers New Motor Vehicle Dealers
Warehse/Farm/Const. Equip. Electrical Equipment
Grocery Stores Used Automotive Dealers
Trailers/RVs Service Stations
Used Automotive Dealers Electrical Equipment
Trailers/Auto Parts Petroleum Prod/Equipment
Trailers/RVs Grocery Stores Liquor
Used Automotive Dealers Trailers/RVs
Service Stations Service Stations
Food Service Equip./Supplies Trailers/RVs
Trailers/RVs Trailers/Auto Parts
Family Apparel Trailers/RVs
Service Stations Service Stations
Building Materials Family Apparel
Grocery Stores Service Stations
Repair Shop/Equip. Rentals Lumber/Building Materials
Repair Shop/Equip. Rentals Grocery Stores Liquor
Service Stations Service Stations
Discount Dept Stores Discount Dept Stores
New Motor Vehicle Dealers New Motor Vehicle Dealers
Sources: State Board of Equalization, California Dept. of Taxes and Fees Admin., State Controller's office, The HdL Companies.
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
RATIOS OF OUTSTANDING DEBT BY TYPE
LAST TEN FISCAL YEARS
(DOLLARS IN THOUSANDS, EXCEPT PER CAPITA)
(166)
Financing Pension Total Percentage
Fiscal Notes and Authority Obligation Lease Subscription Revenue Term Lease Subscription Primary of Personal Per Year Agreements Bonds Bond Liabilities Liabilities Bonds Loan Liabilities Liabilities Government Income Capita 2014 5,362 13,250 28,006 175 - 52,200 5,043 - - 107,790 13.0% 2,032 2015 2,750 12,275 27,100 770 - 47,245 4,596 - - 94,846 11.6% 1,789 2016 2,631 11,405 26,325 442 - 49,020 6,548 - - 88,971 10.5% 1,668 2017 1,829 10,800 25,151 218 - 52,301 5,777 - - 70,925 8.0% 1,316 2018 1,829 9,730 23,819 111 - 57,196 4,986 - - 73,852 7.8% 1,375 2019 1,829 9,255 22,571 638 - 53,432 4,176 - - 69,330 6.7% 1,275 2020 1,829 8,844 21,821 520 - 52,216 3,345 - - 66,754 6.2% 1,233 2021 1,829 8,322 21,117 397 - 47,823 2,494 - - 60,865 5.3% 1,123 2022 1,829 7,781 20,299 285 - 44,369 1,630 - - 55,894 4.8% 1,042 2023 1,966 7,219 19,365 - 124 40,654 727 78 106 50,874 4.1% 957 Notes: Details regarding the city's outstanding debt can be found in Note 8 of the notes to the financial statements.
Business-type Activities
See Schedule 18 for personal income and population data. These ratios are calculated using personal income and population for the prior calendar year.
Governmental Activities
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT
JUNE 30, 2023
(167)
2022-23 Assessed Valuation: $5,016,940,896
Total Debt Percent City's Share of Debt
OVERLAPPING TAX AND ASSESSMENT DEBT: June 30, 2023 Applicable (1) June 30, 2023 San Bernardino Valley Joint Community College District $708,00 7,978 5.427 % $38,423,593 Colton Joint Unified School District 181,552,661 30.581 55,520,619 Rialto Unified School District 85,586,514 5.420 4,638,789 San Bernardino Unified School District 262,865,410 0.007 18,401 TOTAL GROSS OVERLAPPING TAX AND ASSESSMENT DEBT $1,238,012,563 $98,601,402 DIRECT AND OVERLAPPING GENERAL FUND DEBT:
San Bernardino County General Fund Obligations $160,860, 000 1.727 % $2,778,052 San Bernardino County Pension Obligation Bonds 62,960, 000 1.727 1,087,319 Rialto Unified School District General Fund Obligations 7,329,915 5.420 397,281 San Bernardino City Unified School District Certificates of Participation 76,37 0,000 0.007 5,346 City of Colton General Fund Obligations 7,160, 000 100.000 7,160,000 City of Colton Pension Obligation Bonds 15,214,400 100.000 15,214,400 San Bernardino County Flood Control District Certificates of Participation 41,065,000 1.727 709,193 TOTAL DIRECT AND OVERLAPPING GENERAL FUND DEBT $370,959,315 $27,351,591 OVERLAPPING TAX INCREMENT DEBT (Successor Agencies):
City of Colton Tax Allocation Bonds $7,860,000 100.000 % $7,860,000 San Bernardino County Inland Valley Tax Allocation Bonds 215,13 5,000 1.976 4,251,068 TOTAL OVERLAPPING TAX INCREMENT DEBT $12,111,068
Total Direct Debt $22,374,400
Total Overlapping Debt $115,689,661
Combined Total Debt (2) $138,064,061
Note:
(1) The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value.
Applicable percentages were estimated by determining the portion of the overlapping district's assessed value that is within the boundaries of the city divided by the district's total taxable assessed value. (2) Excludes accreted interest.
(3) Excludes tax and revenue anticipation notes, enterprise revenue, mortgage revenue and non-bonded lease liability obligations.
Ratios to 2022-23 Assessed Valuation:
Total Overlapping Tax and Assessment Debt 1.97%
Total Direct Debt ($22,374,400) 0.45%
Combined Total Debt 2.75%
Ratios to Redevelopment Successor Agencies Incremental Valuation ($1,708,294,250):
Total Overlapping Tax Increment Debt 0.71%
Source: Avenu Insights & Analytics
CA Municipal Statistics, Inc.
Notes: Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the city. This schedule estimates the portion of the outstanding debt of those overlapping governments that is borne by the residents and businesses of Colton. This process recognizes that, when considering the city's ability to issue and repay long-term debt, the entire debt burden borne by the residents and businesses should be taken into account. However, this does not imply that every taxpayer is a resident—and therefore responsib le for repaying the debt—of each overlapping government.
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
LEGAL DEBT MARGIN INFORMATION
LAST TEN FISCAL YEARS
(DOLLARS IN THOUSANDS)
(168)
Legal Debt Margin Calculation for Fiscal Year 2023
Assessed value 5,229,537$
Debt limit (15% of assessed value) 784,431
Debt applicable to limit:
General obligation bonds -
Less: Amount set aside for
repayment of general
obligation debt -
Total net debt applicable to limit -
Legal debt margin 784,431$
Fiscal Year
2023 2022 2021 2020 2019 2018 2017 2016 2015 2014
Debt limit 784,431 $ 700,985 $ 628,137 $ 589,740 $ 550,713 $ 512,597 $ 478,228 $ 450,803 $ 426,669 $ 402,703 $ Total net debt applicable to limit - - - - - - - - - - Legal debt margin 784,431 $ 700,985 $ 628,137 $ 589,740 $ 550,713 $ 512,597 $ 478,228 $ 450,803 $ 426,669 $ 402,703 $ Total net debt applicable to the limit
as a percentage of debt limit 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Notes: Under state finance law, the city's outstanding general obligation debt should not exceed 15 percent of total assessed property value.
However, the city has established a more conservative internal limit of no more than 5 percent. By law, the general obligation debt subject to the limitation may be offset by am ounts set aside for repaying general obligation bonds.
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PLEDGED-REVENUE COVERAGE
LAST TEN FISCAL YEARS
(DOLLARS IN THOUSANDS)
(169)
2023 2022 2021 2020 2019 2018 2017 2016 2015 2014
Business Type Activity
Revenue Bonds
Operating Net Income (1) 16,142 19,445 26,400 27,395 29,232 29,063 23,764 21,765 23,500 25,978 Debt Service - Principal 3,418 3,156 4,095 3,915 3,764 10,386 3,295 3,155 3,030 2,920 Debt Service - Interest 1,753 1,893 2,083 2,264 2,418 2,136 2,218 2,356 2,481 2,588 Coverage (2) 3.12 3.85 4.27 4.43 4.73 2.32 4.31 3.95 4.26 4.72 Notes: (1) Net operating income (loss) exclusive of depreciation and connection fees, inclusive of investment revenue. (2) Ratio of revenue to payments against bonds.
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
DEMOGRAPHIC AND ECONOMIC STATISTICS
LAST TEN CALENDAR YEARS
(170)
Personal Per
Income Capita
Calendar (thousands Personal Unemployment Median
Year Population of dollars) Income Rate Age
2013 53,057 830,342 $ 15,650$ 9.0% 28.1 2014 53,002 818,139 $ 15,436$ 8.0% 27.9 2015 53,351 850,300 $ 15,937$ 6.5% 27.7 2016 53,879 883,059 $ 16,389$ 5.7% 28.6 2017 53,724 948,500 $ 17,655$ 4.3% 29.6 2018 54,391 1,032,154 $ 18,976$ 4.2% 30.4 2019 54,118 1,073,709 $ 19,840$ 4.0% 30.7 2020 54,198 1,143,578 $ 21,100$ 9.9% 31.4 2021 53,617 1,173,639 $ 21,889$ 7.8% 31.8 2022 53,154 1,248,857 $ 23,495$ 4.3% 31.9 Source: Population: California State Department of Finance. HdL, Coren & Cone Unemployment Data: California Employment Development Department. HdL, Coren & Cone
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
PRINCIPAL EMPLOYERS – TOP 20
CURRENT YEAR AND NINE YEARS AGO
(171)
Percentage Percentage
of Total City of Total City
Employer Employees Rank Employment Employees Rank Employment Arrowhead Regional Medical Center 3,877 1 15.32% 3,300 1 13.40% Colton Joint Unified School District 2,302 2 9.10% 738 4 3.20% Wal-Mart Distribution Center 926 3 3.66%
Lineage Logistics 555 4 2.19%
Ashley Furniture 409 5 1.62% 1,500 2 6.00%
Wal-Mart Supercenter 290 6 1.15% 350 6 2.20%
City of Colton 287 7 1.14% 268 8 1.40%
Reche Canyon Rehabilitation & Health Care Center 264 8 1.04% 350 7 2.00% Chino Valley Ranchers 195 9 0.77%
Stater Bros Market (2 Locations) 171 10 0.68% 250 9 1.38% Kaiser Foundation Health Plan 793 3 3.80%
Best Brands Corporation 500 5 3.00%
Reche Canyon Convalescent Center 200 10 1.00%
Total 9,276 36.67% 8,249 37.38%
Source: MuniServices, LLC / Avenu Insights & Analytics
2023 2014
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
FULL-TIME CITY GOVERNMENT EMPLOYEES BY FUNCTION/PROGRAM
LAST TEN FISCAL YEARS
(172)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Function/Program
General government
Management services 15 16 17 17 16 16 16 16 14 12 Finance 5 7 6 7 7 5 7 8 9 7 Information systems 2 3 3 3 3 3 3 3 3 3 Planning 7 6 8 7 6 6 6 7 7 8 Building 1 2 2 2 2 4 3 3 3 3 Other 6 8 10 12 20 23 24 23 24 24 Police
Field Officers 52 47 43 48 49 53 52 52 54 52 Support staff 17 28 25 27 27 29 29 29 27 24 Fire
Firefighters and supervisors 41 41 33 38 38 36 37 37 38 39 Support staff 1 1 1 1 1 - 1 1 2 2 Other public works
Engineering and administrative 5 5 4 4 5 6 4 6 6 6 Maintenance 11 23 24 18 19 22 22 21 21 24 Redevelopment 1 2 1 - - - - - - - Community Services 12 12 12 12 11 9 8 8 9 9 Library 1 1 1 1 1 1 1 1 1 1 Water 13 19 15 15 14 12 13 14 15 14 Wastewater 21 16 23 22 22 20 22 22 23 23 Electric 36 40 39 41 41 37 36 35 35 36 Total 247 277 267 275 282 282 284 286 291 287 Source: Finance Department
Notes: A full-time employee is scheduled to work 2,080 hours per year (including vacation and sick leave).
Actual Full-time Employees
as of June 30
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
OPERATING INDICATORS BY FUNCTION/PROGRAM
LAST TEN FISCAL YEARS
(173)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Function/Program
General government
Building permits issued 707 774 1,170 918 1,072 1,164 856 1,069 895 1,262 Building inspections conducted 2,369 5,137 4,677 3,824 3,861 4,812 3,554 4,486 5,276 6,567 Police
Physical arrests 1,722 2,094 2,801 2,404 2,597 2,116 1,541 1,547 1,464 1,165 Parking violations 1,284 1,882 3,031 2,219 2,760 4,372 3,304 3,499 4,022 4,524 Traffic violations 1,582 2,875 3,379 1,786 2,576 3,564 1,486 1,206 1,138 1,168 Fire
Emergency responses 6,092 6,817 7,048 7,692 7,281 8,035 8,040 8,181 7,961 8,106 Fires extinguished 270 262 327 361 476 492 358 570 531 709 Inspections 534 623 743 757 784 798 742 814 1,066 Other public works
Street resurfacing (lane miles) 1 1 1 18 7 12 9 21 11 12 Potholes repaired 1,800 1,700 1,600 1,500 1,600 1,400 1,500 1,664 1,144 1,560 Parks and recreation
Facility usage permits issued 524 580 503 387 275 243 236 37 285 366 Individual Facility Reservations 780 3,582 3,159 2,068 322 2,414 1,117 Community center attendance 245,315 230,486 220,136 228,493 225,465 230,540 89,454 18,797 26,092 47,905 Library
Volumes in collection 84,965 84,845 84,949 85,725 86,321 84,246 84,319 83,725 84,448 84,904 Total volumes borrowed 53,363 42,176 36,523 59,087 52,156 53,443 42,754 1,870 38,725 46,711 Water
New Connections 6 3 3 6 5 24 12 96 Water Main Breaks - 2 - 1 1 - 5 3 Average daily consumption
(thousands of gallons) 9,400 8,600 7,842 8,300 8,700 8,500 9,416 9,800 9,000 6,262 Peak daily consumption
(thousands of gallons) 14,300 11,600 15,302 13,300 11,800 13,100 13,300 16,680 16,810 12,400 Wastewater
Average daily sewage treatment
(thousands of gallons) 5,800 5,055 5,155 4,810 5,022 5,100 5,045 4,988 5,160 5,068 Electric
Average daily consumption (kW) 952,901 901,179 1,029,500 1,002,597 1,016,732 977,479 883,282 963,125 992,469 935,467 Annual peak demand (MW) 83 84 81 81 87 86 83 88 83 93 Sources: Various city departments.
Fiscal Years
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR)
CITY OF COLTON, CALIFORNIA
CAPITAL ASSETS BY FUNCTION/PROGRAM
LAST TEN FISCAL YEARS
(174)
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Function/Program
Police Protection
Stations 1 1 1 1 1 1 1 1 1 1 Substations 1 1 1 1 1 1 1 1 1 1 Patrol units 28 19 15 21 21 22 24 25 23 23 Specialized purpose units 43 44 42 42 42 44 47 41 42 41 Fire Protection
Stations 4 4 4 4 4 4 4 4 4 4 Squad units 2 2 2 2 2 1 1 1 1 1 Engine units 8 7 7 7 7 8 8 7 7 7 Other public works
Streets and alleys - paved (lane miles) 306 307 307 308 308 308 308 308 308 309 Traffic signals 56 56 56 60 63 63 65 65 67 71 Parks and recreation
Acreage 50 50 50 50 50 50 50 50 50 50 Playgrounds 5 5 5 5 5 5 5 5 5 5 Baseball/softball diamonds 11 11 11 11 11 11 11 11 11 11 Soccer/football fields 1 1 1 1 1 1 1 1 1 1 Community centers 4 4 4 4 4 4 4 4 4 4 Swimming pool 1 1 1 1 1 1 1 1 1 1 Tennis courts 2 2 2 2 2 2 2 2 2 2 Libraries
Central Building 1 1 1 1 1 1 1 1 1 1 Satelite locations 2 2 2 2 2 1 1 1 1 1 Books 84,965 84,845 84,949 85,725 86,321 73,827 73,926 73,287 73,990 74,410 Audiovisual recordings 9,418 9,523 9,607 9,727 9,768 10,313 10,393 10,438 10,458 10,494 Municipal Water Department
Residential meters 8,868 9,286 9,485 8,932 9,042 8,945 8,954 9,020 9,253 9,362 Commercial/industrial meters 1,184 1,176 1,196 1,161 1,214 1,164 1,174 1,192 1,224 1,222 Fire protection meters 181 179 181 193 206 182 189 186 190 189 Water mains (miles) 130 130 130 130 130 130 130 130 130 130 Fire hydrants 1,517 1,518 1,518 1,518 1,518 1,525 1,525 1,534 1,539 1,548 Storage capacity (thousands of gallons) 19,300 19,300 19,300 17,300 17,300 17,300 17,300 17,300 17,300 17,300 Wastewater
Sanitary sewers (miles) 178 178 178 178 178 178 178 178 178 178 Storm sewers (miles)
Treatment capacity (thousands of gallons) 10,400 10,400 10,400 10,400 10,400 10,400 10,400 10,400 10,400 10,400 Municipal Electric Department
Residential meters 16,190 16,262 16,533 16,599 16,784 15,795 16,956 17,208 17,291 16,818 Commercial 2,491 2,498 2,517 2,528 2,547 2,569 2,580 2,626 2,658 3,276 Industrial 77 80 85 86 85 87 96 102 105 123 Municipal 246 247 257 261 267 268 268 272 276 249 Distribution lines (miles) 169 169 170 170 172 175 175 175 175 175 Streetlights 5,265 5,302 5,320 5,307 5,307 5,323 5,320 5,320 5,320 5,320 Sources: Various city departments.
Fiscal Years
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Attachment: Final City of Colton 2023 ACFR (4362 : FY2022-23 ACFR) CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.
CliftonLarsonAllen LLP
CLAconnect.com
INDEP
ENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING
AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL
STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS City Council
City of Colton
Colton, California
We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Colton, as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City of Colton’s basic financial statements, and have issued our report thereon dated December 22, 2023.
Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered City of Colton’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Colton’s internal control. Accordingly, we do not express an opinion on the effectiveness of City of Colton’s internal control.
A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified.
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Attachment: Final 2023 YB Internal Control Communication (4362 : FY2022-23 ACFR) City Council
City of Colton
Report on Compliance and Other Matters
As part of obtaining rea
sonable assurance about whether City of Colton’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.
Purpose of This Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.
CliftonLarsonAllen LLP
Irvine, California
December 22, 2023
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Attachment: Final 2023 YB Internal Control Communication (4362 : FY2022-23 ACFR)
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Attachment: Final 2023 Governance Communication. (4362 : FY2022-23 ACFR)
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Attachment: Final 2023 Governance Communication. (4362 : FY2022-23 ACFR)
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Attachment: Final 2023 Governance Communication. (4362 : FY2022-23 ACFR)
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Attachment: Final 2023 Governance Communication. (4362 : FY2022-23 ACFR)
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Attachment: Final 2023 Governance Communication. (4362 : FY2022-23 ACFR)
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Attachment: Final 2023 Governance Communication. (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP. CLA (CliftonLarsonAllen LLP) is an independent network member of CLA Global. See CLAglobal.com/disclaimer.
Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC -registered investment advisor.
Communication with Those Charged
with Governance
2023 Audit Results
City of Colton
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 2
Outline
•Scope of Services
•Auditors’ Opinion and Reports
•Communication with Those
Charged with Governance
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 3
Scope of Services
• Audit of the annual financial statements for the year ended June 30, 2023 in accordance with Generally Accepted (US) and Governmental Auditing Standards
• Audit of federal grant expenditures under Uniform Guidance (in process)
• Financial and Compliance Audit – Child Care
• Agreed-Upon-Procedures related to the City’s calculation of the GANN limit
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 4
Auditors’
Opinion
• Audit of financial statements for the year
ended June 30, 2023
• Unmodified opinions for June 30, 2023
• Management is responsible for
preparation and fair presentation of the
financial statements
• Auditor’s responsibility is to express
opinions on the financial statements
• Obtain reasonable assurance that
financial statements are free from material
misstatement
• Perform audit in accordance with GAAS
and GAS
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 5
General Fund Highlights
• Fund balance at June 30, 2023 was $45,156,186
o $347,650 - nonspendable
o $32,983,270 - committed
§ Pension obligation- $23,014,745
§ OPEB obligation - $9,968,525
o $11,825,266 - unassigned
• Revenues and transfers in - $54,546,994
• Expenditures and transfers out - $50,973,171
• Net change in fund balance – $3,573,823
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 6
Report on Internal Control Over Financial Reporting
• We considered the City’s internal control over
financial reporting (internal control) to determine the audit procedures that are appropriate for the
purpose of expressing our opinions on the financial
statements
• Material Weakness
o None
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 7
Communication with Those Charged with Governance
• The planned scope and timing of the June 30, 2023 audit was communicated through the engagement letter and during
planning meeting
• Management is responsible for the selection and use of appropriate accounting policies, which are described in note 1 to the financial statements.
• Change in accounting policies related to Subscription-based Information Technology Arrangements (SBITAs) by adopting Governmental Accounting Standards Board (GASB) Statement No. 96, Leases, effective July 1, 2022
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 8
Communication with Those Charged with Governance
• Significant estimates reported in the financial statements include the following:
o Required contributions, pension expense, net pension liability and deferred outflows/inflows of resources of CalPERS defined benefit pension plan
o OPEB expense, net OPEB liability and deferred outflows/inflows of resources of the Other Postemployment Benefit Plan
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 9
Communication with Those Charged with Governance
• The most sensitive disclosures affecting the financial statements include the following:
o Note 9 regarding defined benefit plan
o Note 10 regarding City’s OPEB plan
• Difficulties during audit – none.
• Corrected and Uncorrected Misstatements
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR) ©2023 CliftonLarsonAllen LLP 10
Communication with Those Charged with Governance
• No disagreements arose during the course of our audit. • Representations related to audit obtained from management in a letter dated December 22, 2023
• To our knowledge, the City did not consult with other accountants regarding auditing or accounting matters.
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Attachment: 2023 Colton Audit Presentation (4362 : FY2022-23 ACFR)
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Attachment: Final Appropriations Limit Report - AUP Letter. (4362 : FY2022-23 ACFR)
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Attachment: Final Appropriations Limit Report - AUP Letter. (4362 : FY2022-23 ACFR)
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Attachment: Final Appropriations Limit Report - AUP Letter. (4362 : FY2022-23 ACFR)
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Attachment: Final Appropriations Limit Report - AUP Letter. (4362 : FY2022-23 ACFR)
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Attachment: Final Appropriations Limit Report - AUP Letter. (4362 : FY2022-23 ACFR)
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Attachment: Final Appropriations Limit Report - AUP Letter. (4362 : FY2022-23 ACFR)
ITEM NO. 4
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVAL OF MINUTES FOR THE CITY COUNCIL REGULAR MEETING HELD ON JANUARY 16, 2024, ON FILE IN THE OFFICE OF THE CITY CLERK.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approval of Minutes for the City Council Regular Meeting held on January 16, 2024.
BACKGROUND
Minutes for the City Council Regular Meeting held on January 16, 2024.
FISCAL IMPACTS
None.
ATTACHMENT
1. Draft Minutes -1-16-24
4 Packet Pg. 348
January 16, 2024 Regular City Council Meeting 1 -
CITY COUNCIL/COLTON UTILITY AUTHORITY/
COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY
REGULAR MEETING MINUTES
January 16, 2024
Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.
CITY COUNCIL ROLL CALL
Councilmembers present were Mayor Pro Tem Toro, Chastain, González, Echevarria, and Mayor Navarro.
STAFF PRESENT
City Manager Smith, City Attorney Campos, and Deputy City Clerk Vargas
PUBLIC COMMENT
None
CLOSED SESSION
City Attorney Campos announced the City Council would meet in Closed Se ssion to Discuss Items A, B, C, D, and E.
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Kenneth Sanchez v. City of Colton, et al.
San Bernardino Superior Court, Case No. CIVSB2204169
(Consolidated with Ruben H. Albor v. City of Colton, et al.) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Ruben H. Albor v. City of Colton, et al.
San Bernardino Superior Court, Case No. CIVSB2210798
(Consolidated with Kenneth Sanchez v. City of Colton, et al.) C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case
D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Jack Rivers vs City of Colton
Riverside Superior Court, Case No. T23-4368
E. CONFERENCE WITH LEGAL COUNSEL – WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Roque, Pauline vs City of Colton
Mayor Navarro adjourned the meeting to Closed Session at 5:02 p.m. and at 6:00 p.m. the meeting reconvened, with all members present heretofore.
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City Attorney Reports/Reportable Action
City Attorney Campos announced that the City Council met in Closed Session and discussed Item A, B, C, D, and E and direction was given but there was no reportable action.
__________________________________________________________________________________________
January 16, 2024
Regular Meeting held on the above -given date at 6 :00 p.m. in the Council Chamber of City Hall, with Mayor Navarro presiding.
INVOCATION: Pastor Eric Strutz - The Door Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Member Thomas Leon
CITY COUNCIL ROLL CALL
Council Members Present Staff Present
Frank J. Navarro, Mayor William R. Smith, City Manager David J. Toro, MPT Carlos Campos, City Attorney
Kelly J. Chastain Stephanie M. Vargas, Deputy City Clerk Dr. Luis S. González
John R. Echevarria
Council Members Absent
None
CEREMONIAL MATTERS
Presentations, Awards, Proclamations
Presentation - Check Presentations from the San Bernardino County Board of Supervisor.
Mayor Navarro recognized and invited County Supervisor Joe Baca Jr to approach the podium in order to present two Ceremonial Checks to the City of Colton for the amount of $100,000 for the Fire Department and $160,000 for the Police Department. The Ceremonial checks were accepted by the Mayor and Council Members as well as Police Chief Tim Heusterberg, and Fire Chief Tim McHargue.
MAYOR AND COUNCIL ITEMS
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POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL ME ETING OF JANUARY 16, 2024.
GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.
AB 1234 ORAL REPORTS
Mayor Navarro asked the members pre sent if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d).
Council Member Chastain attended the Cal Cities Inland Empire Division Election & Holiday Reception on December 07, 2023 held in Rancho Cucamonga, CA.
APPOINTMENTS
Mayor Pro Tempore Appointment - Mayor Pro Tempore Appointment Mayor Navarro nominated CM Echevarria as Mayor Pro Tempore.
Motion/Second by Mayor Navarra/ MPT Toro to appoint CM Echevarria as Mayor Pro Tempore for a term of one year; consensus by Councilmembers present; no objections, so ratified.
Appointment - Reche Canyon Traffic Ad - Hoc Committee - Jacqueline Maypray-Fitch CM Echevarria submitted the name of Jacqueline Maypray for appointment to the Reche Canyon Ad Hoc Committee; consensus by Councilmembers present; no objections, so ratified.
MAYOR AND COUNCIL DISCUSSION ITEMS
CM González requested Council consensus to direct staff to reinstating the language necessary in the Municipal Code that would allow for Youth Commissioners to be allowed to participate in Boards and Commission meetings.
CM Chastain and MPT Echevarria asked follow up questions and City Manager William Smith provided clarification.
Consensus reached by Councilmembers to bring item back for Council Vote; no objections.
PUBLIC HEARINGS
(1) User Fee Update -Police/ Administration, Planning, Public Works/ Engineering, Electric Utility/ Engineering - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE
AND ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON UPDATING
USER FEES FOR POLICE DEPARTMENT /ADMINISTRATION, DEVELOPMENT
SERVICES/PLANNING, PUBLIC WORKS/ENGINEERING, ELECTRIC UTILITY/ENGINEERING, RESOLUTION NO. R-04-23.
The Mayor opened the Public Hearing.
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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 requested a continuance of this Public Hearing to the February 6, 2024 City Council Meeting.
BUSINESS ITEMS
(2) Code Amendment - Vacant/Abandoned Property Program - Waive Full Reading, Read By Title Only and Pass First Reading of an Ordinance of the City Council of the City of Colton California Amending Colton Municipal Code Chapter 8.16 for the Purpose of Clarifying the Application of the Chapter to Vacant Properties, ORDINANCE NO. O-01-24.
Staff Presentation
Interim Development Services Director Mario Suarez provided an overview of the agenda item and requested approval of staff’s recommendation.
Public Comment
None
Council Discussion
Councilmember González asked follow up questions and Interim Director Suarez provided clarification.
Motion and Second by CM González/CM Chastain to Waive Full Reading and Read by Title Only and Pass the First Reading of O-01-24 to Amend Municipal Code Chapter 8.16.
Vote: Unanimous, Motion Carried.
(3) Water and Wastewater Cost of Service Rate Studies - Water and Wastewater Cost of Service Rate Study Discussion.
Staff Presentation
Public Wo rks Director Brian Dickinson introduced Consultant Jer emy Tam argo, from the Consulting Firm NBS, to present before Council an overview and analysis of the Water and Sewer rates study that was prepared for Council consideration.
Public Comment
The following community members addressed the Council: Kathy A. Davis, Pam Lemos, and Mark Garcia.
Council Discussion
Councilmembers present requested clarification from Consultant Tamargo.
Water and Wastewater Cost of Service Rate Study Received and Filed.
***************************************************************************
PUBLIC COMMENT
The following community members addressed the Council: Pam Lemos and Mark Garcia.
***************************************************************************
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Attachment: Draft Minutes -1-16-24 (4364 : Draft Minutes 1-16-2024) January 16, 2024 Regular City Council Meeting 5 -
CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 23.
Councilmembers present selected items for clarification by staff: MPT Echevarria, Items 7 and 8, CM Chastain, Item 19.
Motion and Second by CM González/MPT Echevarria to approve consent calendar Items 4 through 23.
Vote: Unanimous, Motion Passes.
(4) Minutes - Approval of Minutes for the City Council Regular Meetings held on November 21, 2023 and December 5, 2023, on File in the Office of the City Clerk.
(5) Warrants - Approve US Bank voucher dated 10/20/2023 for $64,774.48; wires totaling $2,333,278.41; voucher numbers 209138 to 209240 dated 11/16/2023 and totaling $519,698.92; voucher numbers 209241 to 209341 dated 11/22/2023 and totaling $456,675.75 and a payroll disbursement listing dated 10/14/2023 to 10/27/2023 and totaling $1,055,770.41.
(6) City Treasurer's Report - Receive and File City Treasurer's Report for October 2023.
(7) Acceptance of Funds - County Board of Supervisors - Approve and Adopt a Resolution to Ratify the Acceptance of $100,000 from the San Bernardino County Board of Supervisors Discretionary Funds to Purchase 10 Motorola Radios and Increase Revenues and Appropriations in the Amount of $100,000, RESOLUTION NO. R-05-24.
(8) Acceptance of Funds - County Board of Supervisors - Approve the Acceptance of $160,000 in Discretionary Funds from the San Bernardino County Board of Supervisors for the Purchase of Police Drones and Shields, RESOLUTION NO. R-08-24.
(9) Agreement - Blais & Associates - Approve a Professional Services Agreement with Blais & Associates Grant Writing Services for Completion of Department of the Interior, Bureau of Reclamation Water Resources and Planning Office, Watersmart Small-Scale Water Efficiency Projects Grant Program.
(10) Camera Sysyem Purchase (CCTV) - Motorola Solutions - Approve the Purchase of Camera System (CCTV) from Motorola Solutions.
(11) Change Order - AT&T Consulting & Network Integration Services - Approve and Adopt a Resolution to Approve a Change Order in the Amount of $71,400 for the Microsoft 365 Migration Project, RESOLUTION NO. R-06-24.
(12) Continued Funding Application - ECE Program - Approve and Adopt a Resolution Adopting the CA Department of Social Services FY 24-25 Continued Funding Application for the Early Care and Education Division, RESOLUTION NO. R-01-24.
(13) Contract Amendment - NBS Water/Wastewater Rate Study - Approve First Amendment to Contract for NBS for Water and Wastewater Rate and Fees Studies.
(14) Contract Award - TKE Engineering Inc. - Approve Award of Contract to TKE Engineering Inc., for Engineering & Design Services for the Walnut Booster Station.
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(15) Contract Award - Fire Apparatus Solutions Inc. - Approve and Adopt a Resolution Authorizing Repairs to Damaged Fire Engine, RESOLUTION NO. R-03-24.
(16) Contract Award - Preferred General Services - Award Contract to Preferred General Services for the Police Department Women's Restroom Remodel.
(17) Easement - Electric Utility - Accept and Approve Easement at 851 E. Cooley for the Electric Utility.
(18) ECE Additional Funding - SB 140 - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding via SB 140, RESOLUTION NO. R-02-24.
(19) Investment Policy - Approve and Adopt a Resolution of the City Council of the City of Colton, Delegating to the City Treasurer the Authority to Invest and Reinvest Funds for the City and to Sell or Exchange Securities, RESOLUTION NO. R-07-24.
(20) Letter of Credit Reduction - Approve Irrevocable Letter of Credit Reduction due to Faithful Performance Bond replacement for PM 20146.
(21) Notice of Completion - Well Abandonment Project - Approve Notice of Completion for the Abandonment of Wells 13, 16 & 26 Project.
(22) Purchase - Motorola Solutions, Inc. - Approve Purchase of New Hand Held and Unit Radios from Motorola Solutions, Inc.
(23) Set Public Hearing - CDBG 2024-2025 Projects - Set Public Hearing for the City Council Meeting of 2/6/24 to Consider Submission of CDBG Projects for Fiscal Year 2024-2025 to the County of San Bernardino.
MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.
CITY MANAGER'S REPORTS
None.
ADJOURNMENT
At 8:05 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium for Colton Residents Nellie Cortez and Manuel Diego Cama cho, as well as for Retired Colton Fire Engineer Ray Zendejas and Oakland Police Officer Tuan Lee who was killed in the line of duty.
__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk
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Attachment: Draft Minutes -1-16-24 (4364 : Draft Minutes 1-16-2024)
ITEM NO. 5
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE US BANK VOUCHER DATED 12/08/2023 FOR $78,958.17; VOUCHER NUMBERS 209342 TO 209445 DATED 11/30/2023 AND
TOTALING $628,096.34; VOUCHER NUMBERS 209446 TO 209523
DATED 11/30/2023 AND TOTALING $75,992.21; VOUCHER
NUMBERS 209524 TO 209657 DATED 12/07/2023 AND TOTALING
$1,787,758.36; WIRES DATED 12/12/2023 AND TOTALING
$5,358,786.49; VOUCHER NUMBERS 209658 TO 209732 DATED
12/14/2023 AND TOTALING $649,014.02; VOUCHER NUMBERS
209733 TO 209788 DATED 12/18/2023 AND TOTALING $663,089.22; VOUCHER NUMBERS 209789 TO 209897 DATED 12/21/2023 AND
TOTALING $751,294.75; VOUCHER NUMBERS 209898 TO 209974 DATED 12/28/2023 AND TOTALING $82,446.95; VOUCHER
NUMBERS 209975 TO 210088 DATED 01/04/2024 AND TOTALING
$843,387.70; VOUCHER NUMBERS 210089 TO 210231 DATED
01/11/2024 AND TOTALING $960,747.78; A PAYROLL
DISBURSEMENT LISTING DATED 10/28/2023 TO 11/10/2023 AND TOTALING $1,095,675.78 AND A PAYROLL DISBURSEMENT
LISTING DATED 11/11/2023 TO 11/24/2023 AND TOTALING
$1,164,609.54.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve US Bank voucher dated 12/08/2023 for $78,958.17; voucher numbers 209342 to 209445 dated 11/30/2023 and totaling $628,096.34; voucher numbers 209446 to 209523 dated 11/30/2023 and totaling $75,992.21; voucher numbers 209524 to 209657 dated 12/07/2023 and totaling $1,787,758.36; wires dated 12/12/2023 and totaling $5,358,786.49; voucher numbers 209658 to 209732 dated 12/14/2023 and totaling $649,014.02; voucher numbers 209733 to 5 Packet Pg. 355
Staff Report to the Mayor and City Council
Warrants - Accounts Payable
February 6, 2024
209788 dated 12/18/2023 and totaling $663,089.22; voucher numbers 209789 to 209897 dated 12/21/2023 and totaling $751,294.75; voucher numbers 209898 to 209974 dated 12/28/2023 and totaling $82,446.95; voucher numbers 209975 to 210088 dated 01/04/2024 and totaling $843,387.70; voucher numbers 210089 to 210231 dated 01/11/2024 and totaling $960,747.78; a payroll disbursement listing dated 10/28/2023 to 11/10/2023 and totaling $1,095,675.78 and a payroll disbursement listing dated 11/11/2023 to 11/24/2023 and totaling $1,164,609.54.
BACKGROUND
The California Government Code requires that the legislative body ratify all vouchers issued in the course of conducting City business.
ISSUES/ANALYSIS
All vouchers and related backup documentation have been reviewed by the City Treasurer.
FISCAL IMPACTS
None.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Fund Number and Title Legend
2. Voucher lists
3. Voucher lists.continued
4. Payroll Registers
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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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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists (4369 : Warrants - Accounts Payable)
5.c
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
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Attachment: Voucher lists.continued (4369 : Warrants - Accounts Payable)
5.d
Packet Pg. 556
Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
5.d
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Attachment: Payroll Registers (4369 : Warrants - Accounts Payable)
ITEM NO. 6
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: AURELIO DE LA TORRE, CITY TREASURER
SUBJECT: RECEIVE AND FILE CITY TREASURER'S REPORT FOR
NOVEMBER 2023.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Receive and File City Treasurer's Report for November 2023.
ATTACHMENT
1. Treasurer's report Nov 2023
6 Packet Pg. 576
6.a
Packet Pg. 577
Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
6.a
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Attachment: Treasurer's report Nov 2023 (4365 : Treasurer's Report)
ITEM NO. 7
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, DIRECTOR OF UTILITIES
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLAIS & ASSOCIATES TO PROVIDE GRANT WRITING SERVICES FOR
THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
CARL MOYER GRANT PROGRAM.
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 South Coast Air Quality Management District Carl Moyer Grant Program, waiving the formal bidding process in accordance with Colton Municipal Code 3.08.140(e), and;
2. Authorize the City Manager or his designee to execute any or all documents related to the application.
BACKGROUND
The City of Colton currently has a contract with Blais and Associates for grant writing services out of the City Manager's Office. The current proposal for grant writing services to apply for the Carl Moyer Grant (CMP) program is for $8,850, which when totaled with other grants would 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.
7 Packet Pg. 587
Staff Report to the Mayor and City Council
Agreement - Blais & Associates
February 6, 2024
ISSUES/ANALYSIS
The 2017 update to the CMP Guidelines allows funding for infrastructure projects that enable the deployment of alternative, advanced, and cleaner technologies to support the State’s air quality goals. Specifically, projects that install fuel ing or energy infrastructure to fuel or power a “covered source” are now eligible for CMP funding consideration. A “covered source” includes heavy-duty on -road vehicles, off -road non -recreational equipment and vehicles, locomotives, marine vessels, agricu ltural sources of air pollution, and other categories as determined by CARB and South Coast AQMD that are necessary for the state and air district to meet air quality goals.
The City of Colton fleet is expanding and a need for fast charging infrastructur e is necessary to meet the demand of vehicles currently needing to charge and the regulatory requirement by CARB known as the Advanced Clean Fleet Rule (ACF). The ACF regulation requires fleets that are well suited for electrification to reduce emissions through requirements to phase in the use of Zero Emission Vehicles (ZEVs) for targeted fleets.
The ACF Regulation (California Code of Regulations, Title 13, Sections 2013, 2013.1, 2013.2, 2013.3, 2013.4, 2014,2014.1, 2014.2, 2014.3, 2015, 2015.1, 2015.2, 2015.3, 2015.4, 2015.5, 2015.6, and 2016) is the latest development in CARB’s decades -long history of setting increasingly stringent emission standards for mobile sources that are needed to protect the public health and welfare of Californians by improving air quality and by mitigating the harms posed by greenhouse gases.
For this grant cycle the City will be seeking grant funds to expand its charging infrastructure currently at the Public Works yard at 160 S. 10 th Street adding three 150 kW fast chargers. This will reduce the amount of time it takes for City fleet to charge a vehicle. Currently all the medium duty electric vehicles take 4-6 hours with level II charging. With a 150 kW fast charger the time would be reduced to 30 minutes.
FISCAL IMPACTS
Sufficient appropriations for grant writing services are budgeted and available in the FY2023-24 adopted budget in account Electric Utility Fund Environmental Sustainability and Conservation Division Professional Services Account Number 520-8000-8005-2350-0923-000.
ALTERNATIVES
1. Provide alternative direction to staff.
7 Packet Pg. 588
ITEM NO. 8
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVE AND ADOPT A RESOLUTION AMENDING THE CITY OF COLTON’S CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974, RESOLUTION NO. R-10-
24. RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Approve and Adopt Resolution No. R-10-24 to amended the Conflict of Interest Code of the City of Colton pursuant to the Political Reform Act, section 87303.
BACKGROUND
The Political Reform Act of 1974, Government Code section 81000, et seq. (the “Act”), requires all public agencies to adopt and maintain a conflict of interest code. The Act further requires that agencies regularly review and update their codes as directed by the code-reviewing body or when change is necessitated by changed circumstances (Sections 87306 and 87306.5). The City Council is the City’s code -reviewing b ody. As the code -reviewing body, the City Council directed that the Code be reviewed and, if a change in the Code was necessary, that a revised Code be prepared and submitted to the City Council for approval. During this review, staff found that certain amendments to the Code are necessary.
Attached is a legislative (redlined) version of the proposed amended Code. The proposed revisions are based on the need to include new positions that must be designated and revises titles of existing positons.
8 Packet Pg. 589
Staff Report to the Mayor and City Council
Amendment - Conflict of Interest Code
February 6, 2024
Government Code section 87303 provides that no code or amendment to a code shall be effective until it has been approved by the code-reviewing body.
FISCAL IMPACTS
None.
ALTERNATIVES
1. City Council may provide alternate direction to staff.
ATTACHMENT
1. AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL)
2. AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version)
3. Regulation 18730 (Provisions of the Conflict-of Interest Code)
4. NOTICE OF INTENTION OF AMENDMENT
5. RESOLUTION R-10-24
8 Packet Pg. 590
23152.06010\41747242.3
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
8.a
Packet Pg. 591
Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended February 6, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 California Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation p age, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Colton (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a s tatement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements av ailable for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended February 6, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments.1 These positions are listed here for informational purposes only.
Finance Director
Financial Consultant
1 Individuals holding one of the above -listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Analyst I/II 5
Assistant Director of Public Works & Engineering 2, 3, 5 Assistant Director of Utility Operations 2, 3, 5
Assistant Electric Utilities Director 5
Assistant to the City Manager 5
Associate Engineer 2, 3, 5
Associate Planner 2, 3, 5
Battalion Chief/Fire Marshall 5, 6
Building Inspector (ALL) 6
Building Maintenance Supervisor 5
Building Official 5, 6
Business License/Collections Officer 5, 6
City Attorney (not filing under Gov. Code 87200) 1, 2
Code Enforcement Officer 6
Community Services Director 2, 3, 5
Crime Analyst 5
Customer Service Supervisor 4
Customer Service Representative III 4
Deputy City Clerk 5
Deputy Fire Chief 5
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Development Services Director 1, 2
Early Care & Education Program Director 5
Economic Development Manager 1, 2
Electric Field Operations Foreman 5
Electric Utility Director 1, 2
Electric Utilities Inspector (ALL) 6
Electric Utility Systems Designer 2, 3, 5
Engineering Assistant 2, 3, 5, 6
Environment & Conservation Supervisor 2, 5, 7
Finance Manager 4
Fire Battalion Chief 5
Fire Captain 5
Fire Chief 5
Homeless Solutions Coordinator 5, 7
Human Resources Analyst 5
Human Resources & Risk Management Director 4
Information Services Manager 5
Lead Code Compliance Officer 5
Library Manager 5
Planning Manager 2, 3, 5
Plans Examiner I/II 2, 3, 5, 6
Police Captain 2, 3, 5
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Packet Pg. 595
Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Police Chief 5
Police Lieutenant 5
Police Support Services Manager 5
Police Records Supervisor 5
Project Manager (ALL) 2, 3, 5
Public Works & Utility Services Director 2, 3, 5
Public Works Superintendent 2, 3, 5
Public Works Supervisor 5
Public Works & Utilities Inspector 6
Public Works Water/Wastewater Administrative Manager 2, 3, 5 Purchasing & Customer Service Manager 4
Purchasing Technician 4
Recreation Services Coordinator 5, 7
Recreation Services Manager 5
Senior Accountant 5, 7
Senior Energy Services Specialist 2, 5
Senior Finance Analyst 4
Senior Human Resource Analyst 5
Senior Planner 2, 3, 5, 6
Senior Risk Management Analyst 4
Substation Superintendent 5
Utilities Financial Analyst (ALL) 5
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Utilities Planning Manager 5
Utility Resources Analyst 2, 3, 5
Utilities Superintendent Water & Wastewater 2, 3, 5
Utilities Superintendent
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Code Enforcement & Housing Advisory Appeals Board 2, 3, 5 General Fund Transfer Committee 1, 2
Library Board 2, 3, 5
Oversight Board to Successor Agency 1, 2
Parks & Recreation Foundation & Designee 1, 2
Recreation & Parks Commission 1, 2
Successor Agency 1, 2
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov.
Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as th is Conflict of Interest Code. (Gov. Code Sec. 81008.)
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.3 BBK - February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is assigned.3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two 2) miles outside, the boundaries of the City , including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equip ment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7 : All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (FINAL) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
LEGISLATIVE VERSION
(Shows Changes Made)
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
8.b
Packet Pg. 599
Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended September 20, 2022 February 6, 2024)
The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted 2 California Code of Regulations section 18730 which contains the terms of a standard conflict of interest code which can be incorporated by reference in an agency’s code. After public notice and hearing Regulation 18730 may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, Regulation 18730 and the attached Appendix designating positions and establishing disclosure categories, shall constitute the conflict of interest code of the City of Colton (the "City").
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, shall electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.) All officials and designated positions required to submit a statement of economic interests shall receive ethics training as required pursuant to Government Code section 53235 (AB 1234). The City’s Filing Officer shall annually provide all filers with information on training available to meet the requirements of Section 53235, and maintain required records indicating the dates that filers satisfied the training requirements and the entity that provided the training. These records shall be retained for five years after the date of training and are public records subject to disclosure under the California Public Records Act. (Gov. Code § 53235.2.)
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Packet Pg. 600
Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF COLTON
(Amended September 20, 2022 February 6, 2024)
PART “A”
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments, as defined by 2 California Code of Regulations section 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200, et seq. [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials who manage public investments. 1 These positions are listed here for informational purposes only.
Finance Director
Financial Consultant
1 Individuals holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by § 87200.
8.b
Packet Pg. 601
Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Administrative Analyst I/II 5
Assistant Director of Public Works & Engineering 2, 3, 5 Assistant Director of Utility Operations 2, 3, 5
Assistant Electric Utilities Director 5
Assistant to the City Manager 5
Associate Engineer 2, 3, 5
Associate Planner 2, 3, 5
Building Inspector II (ALL) 6
Building Maintenance Supervisor 5
Building Official 5, 6
Business License/Collections Officer 5, 6
City Attorney (not filing under Gov. Code 87200) 1, 2
Code Enforcement Officer 6
Community Child Care Manager Early Care & Education Program Director 5 Community Services Director 2, 3, 5
Crime Analyst 5
Customer Service Supervisor 4
Customer Service Representative III 4
Deputy City Clerk 5
Deputy Fire Chief 5
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Development Services Director 1, 2
Economic Development Manager 1, 2
Electric Field Operations Foreman 5
Electric Utility Director 1, 2
Electric Utilities Inspector (ALL) 6
Electric Utility Systems Designer 2, 3, 5
Engineering Assistant 2, 3, 5, 6
Environment & Conservation Supervisor 2, 5, 7
Finance Manager 4
Fire Battalion Chief 5
Fire Captain 5
Fire Chief 5
Battalion Chief/Fire Marshall 5, 6
Homeless Solutions Coordinator 5, 7
Human Resources Analyst 5
Human Resources & Risk Management Director 4
Information Technology Supervisor Information Services Manager 5 Lead Code Compliance Officer 5
Library Manager 5
Planning Manager 2, 3, 5
Plans Examiner I/II 2, 3, 5, 6
Police Captain 2, 3, 5
Police Chief 5
8.b
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Police Lieutenant 5
Police Support Services Manager 5
Police Records Supervisor 5
Project Manager (ALL) 2, 3, 5
Public Works & Utility Services Director 2, 3, 5
Public Works Superintendent 2, 3, 5
Public Works Supervisor 5
Public Works & Utilities Inspector 6
Public Works Water/Wastewater Administrative Manager 2, 3, 5 Purchasing & Customer Service Manager 4
Purchasing Technician 4
Recreation Services Coordinator 5, 7
Recreation Services Manager 5
Senior Accountant 5, 7
Senior Energy Services Specialist 2, 5
Senior Finance Analyst 4
Senior Human Resource Analyst 5
Senior Planner 2, 3, 5, 6
Senior Risk Management Analyst 4
Substation Superintendent 5
Utilities Financial Analyst (ALL) 5
Utilities Planning Manager 5
Utility Resources Analyst 2, 3, 5
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED POSITIONS’ DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Utilities Superintendent Water & Wastewater 2, 3, 5
Utilities Superintendent
MEMBERS OF BOARDS,
COMMITTEES & COMMISSIONS
Code Enforcement & Housing Advisory Appeals Board 2, 3, 5 General Fund Transfer Committee 1, 2
Library Board 2, 3, 5
Oversight Board to Successor Agency 1, 2
Parks & Recreation Foundation & Designee 1, 2
Recreation & Parks Commission 1, 2
Successor Agency 1, 2
Consultants and New Positions 2
2 Individuals serving as a consultant as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in making decisions must file under the broadest disclosure category set forth in this Code subject to the following limitation:
The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirements must be in a written document. (Gov.
Code Sec. 82019; FPPC Regulations 18219 and 18734.). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Gov. Code Sec. 81008.)
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41747242.2 BBK - August 2022 February, 2024
LAW OFFICES OF
BEST BEST & KRIEGER LLP
PART “B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic investments that the designated position must disclose for each disclosure category to which the designated is assigned. 3 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business in the jurisdiction, are planning to do business in the jurisdiction, or have done business during the previous two years in the jurisdiction of the City.
Category 1: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that do business or own real property within the jurisdiction of the City.
Category 2: All interests in real property which is located in whole or in part within, or not more than two 2) miles outside, the boundaries of the City, including any leasehold, beneficial or ownership interest or option to acquire property.
Category 3: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the City.
Category 4: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
Category 5: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
Category 6: All investments, business positions in business entities, and sources of income, including gifts, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
Category 7: All investments and business positions in business entities, and sources of income, including gifts, loans and travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City or its subdivisions.
3 This Conflict of Interest Code does not require the reporting of gifts from outside this agency’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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Attachment: AMENDED CONFLICT OF INTEREST CODE 2024 (Legislative Version) (4353 : Amendment - Conflict of Interest Code) 1 2/22/21 Amend 18730
Amend 2 Cal. Code Regs., Section 18730 to read: 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests.
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Attachment: Regulation 18730 (Provisions of the Conflict-of Interest Code) (4353 : Amendment - Conflict of Interest Code) 2 2/22/21 Amend 18730
(3) Section 3. Disclosure Categories. 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies. 1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her the employee’s statement of economic interests those economic interests he or she the employee has which are of the kind described in the disclosure categories to which he or she the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she the employee foreseeably can affect materially through the conduct of his or her the employee’s office.
(4) Section 4. Statements of Economic Interests: Place of Filing.
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Attachment: Regulation 18730 (Provisions of the Conflict-of Interest Code) (4353 : Amendment - Conflict of Interest Code) 3 2/22/21 Amend 18730
The code reviewing body shall instruct all designated employees within its code to file 1 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code. 2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April
1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following his or her the person’s return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that he or she the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of his or her the person’s military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
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Attachment: Regulation 18730 (Provisions of the Conflict-of Interest Code) (4353 : Amendment - Conflict of Interest Code) 4 2/22/21 Amend 18730
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of 1 2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she the person did not make or participate in the making of, or use his or her the person’s position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her the person’s appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12
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months prior to the date of assuming office or the date of being appointed or nominated, 1 2 3
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(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property 3 is required to be reported, 4 the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
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4. A statement whether the fair market value of the investment or interest in real property 1 2 3
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22 equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported, 5 the statement shall contain:
1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, 6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
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(D) Business Position Disclosure. When business positions are required to be reported, a 1 2 3
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designated employee shall list the name and address of each business entity in which he or she the employee is a director, officer, partner, trustee, employee, or in which he or she the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her the member’s or employee’s statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar
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Attachment: Regulation 18730 (Provisions of the Conflict-of Interest Code) (4353 : Amendment - Conflict of Interest Code) 8 2/22/21 Amend 18730
year from any single source, if the member or employee would be required to report the receipt 1 2 3
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of income or gifts from that source on his or her the member’s or employee’s statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her the election to office through the date that he or she the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has
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direction and control. This subdivision shall not apply to loans made by banks or other financial 1 2 3
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institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998.
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(8.3) Section 8.3. Loan Terms. 1
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(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her the officer’s election to office through the date he or she the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
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2. If the loan has no defined date or dates for repayment, when one year has elapsed from 1 2 3
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22 the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.
Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
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Attachment: Regulation 18730 (Provisions of the Conflict-of Interest Code) (4353 : Amendment - Conflict of Interest Code) 12 2/22/21 Amend 18730
No designated employee shall make, participate in making, or in any way attempt to use 1 2 3
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22 his or her the employee’s official position to influence the making of any governmental decision which he or she the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her the official’s immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her the employee’s participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is
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needed to break a tie does not make his or her the employees’ participation legally required for 1 2 3
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purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her the official’s official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her the official’s immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that he or she the employee should not make a governmental decision because he or she the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of his or her the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her the employee’s agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
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(12) Section 12. Violations. 1
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22 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. ____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual,
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spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 1 2 3
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percent or greater.
5 A designated employee's income includes his or her the employee’s community property interest in the income of his or her the employee’s spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.
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Attachment: Regulation 18730 (Provisions of the Conflict-of Interest Code) (4353 : Amendment - Conflict of Interest Code) 23152.06010\41943329.1
NOTICE OF INTENTION TO AMEND THE
CONFLICT OF INTEREST CODE OF THE
CITY OF COLTON
NOTICE IS HEREBY GIVEN that the City of Colton intends to amend the its Conflict of Interest Code (the “Code”) pursuant to Government Code Section 87306.
The Appendix of the Code designates those employees, members, officers, and consultants who make or participate in the making of decisions and are subject to the disclosure requirements of the City’s Code. The City’s proposed amendment includes new positions that must be des ignated and revises titles of existing positons.
The proposed amended Code will be considered by the City Council on February 6, 2024 , at 5:00 p.m. at the City of Colton, 650 N. La Cadena Drive, Colton , California. Any interested person may be present and comment at the public meeting or may submit written comments concerning the proposed amendment.
Any comments or inquiries should be directed to the attention of Stephanie Vargas, Deputy City Clerk, City of Colton, 650 N. La Cadena Drive, Colton, CA 923 24; (909) 370-5001. Written comments must be submitted no later than February 6, 2024, at 5:00 p.m.
Copies of the proposed amended Code may be obtained from, the Deputy City Clerk.
.
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Attachment: NOTICE OF INTENTION OF AMENDMENT (4353 : Amendment - Conflict of Interest Code) 23152.06010\41943944.1
1 RESOLUTION NO. R-10-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,
CALIFORNIA, APPROVING AND ADOPTING AN AMENDED CONFLICT
OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
OF 1974
WHEREAS, the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act"), which contains provisions relating to conflicts of interest which potentially affect all officers, employees and consultants of the City of Colton (the “City”), and which requires all public agencies to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council adopted a Conflict of Inter est Code (the "Code"), which was amended on September 20, 2022, in compliance with the Act; and WHEREAS, subsequent changed circumstances within th e City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the City’s Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are substantial and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and
WHEREAS, notice of the time an d place of a public meeting on, and of consideration by the City Council of, the proposed amended Code was provided to each affected designated employee and was publicly posted for review; and WHEREAS, a public meeting was held upon the proposed amended Code at a regular meeting of the City Council on February 6, 2024, at which all present were given an opportunity to be heard on the proposed amended Code.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Colton that:
1. The City Council does hereby approve and adopt the proposed amended Conflict of Interest Code, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for inspection and copying during regular business hours;
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Attachment: RESOLUTION R-10-24 (4353 : Amendment - Conflict of Interest Code) 23152.06010\41943944.1
2 2. The said amended Conflict of Interest Code shall become effective immediately upon its adoption and approval.
PASSED, A DOPTED AND APPROVED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF COLTON ON THIS 6TH DAY OF FEBRUARY, 2024.
__________________________________
FRANK J. NAVARRO
Mayor
ATTEST:
______________________________
STEPHANIE M. VARGAS
Deputy City Clerk
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Attachment: RESOLUTION R-10-24 (4353 : Amendment - Conflict of Interest Code)
ITEM NO. 9
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CHARLES BERRY, DIRECTOR OF UTILITIES
SUBJECT: APPROVE CONTRACT AMENDMENT NO. 3 WITH NINYO &
MOORE TO COMPLETE ENVIRONMENTAL WORK AT THE
CORPORATE YARD.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
Authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement (PSA) with Ninyo & Moore, to complete Phase II Environmental with additional amendments to the scope of work from the Department of Toxic Substance Control, per terms of the PSA, including exhibits attached thereto.
BACKGROUND
The City of Colton has been working on a preconstruction desi gn for a future Zero Net Energy (ZNE) Public Works and Utilities building in the current location of 160 S. 10 th Street. During the initial Geotechnical request for proposals (RFP), a land covenant/deed restriction was discovered on Assessor Parcel Number 163-041-38 in the City’s corporate yard.
The City applied for funding to mitigate the land use covenant. On July 1 , 2022, the Department of Toxic Substance Control (DTSC) contacted the City of Colton as the selected inaugural grantee for the Equitable Community Revitalization Grant (ECRG) in the amount of $280,000.
City Council accepted the grant award September 6, 2022 , with approval of Resolution No. R - 98-22.
Council has awarded the contract to Ninyo & Moore as the lowest responsive and responsible bidder in accordance with Colton Municipal Code Sections 3.08.020 and 3.080.050(G) on 9 Packet Pg. 625
Staff Report to the Mayor and City Council
Contract Amendment - Ninyo & Moore
February 6, 2024
February 21, 2023. With these funds, staff has completed Phase I Environmental and is currently working on Phase II with Ninyo & Moore.
ISSUES/ANALYSIS
After the firs t scoping meeting with DTSC, it was determined that additional site investigation work needed to be completed outside of the original scope of work that was awarded to Ninyo & Moore. DTSC wanted a Supplemental Site Investigation (SSI) Scoping Meeting, SSI workplan preparation, and implementation of the SSI for the City of Colton Maintenance Service Yard located at 160 South 10th Street in Colton, California (site). The additional cost for Amendment No. 1 to the contract was $49,590, approved by City Counc il on July 18, 202 3. On March 28, 2023 Ninyo and Moore submitted Amendment No. 2 for additional work per the direction of DTSC. The additional cost to Amendment No. 2 was approved by Council on November 17, 2023 for $8,652.
After a conference call between the City of Colton DTSC and Ninyo & Moore on December 12, 2023, it was determined that in addition to submitting a proposal for an Addendum to the SSI workplan, additional costs for the implementation of the addendum SSI Workplan and preparation of the re moval action plan (RAW) to address site cleanup should be included in the amendment to the City of Colton Maintenance Service Yard location.
The additional out of scope services described in the attachment letter are in addition to what was originally scoped in Ninyo & Moore’s original proposal, dated January 19, 2023, and were based on DTSC comments received on November 14, 2023, and a meeting held with DTSC and City on December 12, 2023, to provide a rough order magnitude cost for the additional request ed scope of work. The requested amount in Amendment No. 3 is in the amount of $99,902.
The DTSC grant award will cover the additional costs.
FISCAL IMPACTS
Sufficient appropriations for the proposed $ 99,902 contract amendment are available in the FY2023-24 adopted budget in Electric Utility Fund Capital Improvement Expenditure Account Number 520-8000-8001-3890-0107-000.
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. 212259001 Fee Amendment 3 SSI Addendum Workplan RAW 9 Packet Pg. 626
355 South Grand Avenue, Ste. 2450 | Los Angeles, California 90071 | p. 213.488.5111 | www.ninyoandmoore.com December 21, 2023
Project No. 212259001
Ms. Jessica Sutorus
Environmental Conservation Supervisor
City of Colton Electric Utility
Public Works and Utility Services Department
160 South 10th Street
Colton, California 90017
Subject: Amendment No. 3 for Additional Environmental Consulting Services Maintenance Service Yard - City of Colton
160 South 10th Street, Colton, California 90017
[Purchase Order No. 23024783/001]
Reference: Ninyo & Moore, 2023, Proposal for Proposal for Phase II Environmental Investigation, Maintenance Service Yard -Colton, California, dated January 19.
Dear Mr. Sutorus:
Ninyo & Moore submits this Amendment No. 3 to the Professional Services Agreement, dated March 28, 2023 , to include additional out of scope items from our referenced Phase II Environmental Investigation proposal, as requested by the Department of Toxic Substances Control (DTSC) in their November 14, 2023, letter to prepare an Addendum to the Supplemental Site Investigation (SSI) Workplan. Ninyo & Moore recently conducted a Supplemental Site Investigation (SSI) and prepared an SSI report, dated October 16, 2023, for the subject site and submitted it to the DTSC for review and approval.
Based on a conference call held between the City of Colton, DTSC and Ninyo & Moore on December 12, 2023, it was requested that in addition to submitting a proposal for an Addendum SSI Workplan, additional costs for the Implementation of the Addendum SSI Workplan and preparation of a removal action workplan (RAW) to address site cleanup should be included in this Amendment for the City of Colton Maintenance Service Yard located 160 South 10th Street in Colton, California (site).
SCOPE OF SERVICES
The additional out of scope services described below are in additional to what was originally scoped in our referenced proposal, dated January 19, 2023, and were based on DTSC comments received on November 14, 2023, and DTSC, and meeting held with DTSC and City on December 12, 2023, to provide a rough order magnitude cost for the additional requested scope of work.
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore)
Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| December 21, 2023 2
Project Coordination and Management
The following project coordination and management activities will be performed by Ninyo & Moore:
• Prepare for, and attend a pre-submittal Microsoft Teams scoping meeting with DTSC and City to discuss next s teps for the scope of work for further delineation to include in the Addendum SSI Workplan.
• Create a MS Powerpoint presentation for the proposed scope of work for the Addendum SSI Workplan including Project Objectives, Site History, Data Quality Objectives, proposed sample location maps, sample rationale tables for soil vapor and soil, and Project Schedule. • Attend and participate in the SSI Addendum Scoping Meeting with City of Colton and DTSC. • Monitor project scope and schedule on a weekly basis using internal Ninyo & Moore tools and brief discussions with personnel involved in the project. Over the course of the preparation of the RAW, the project manager will conduct at least three weekly meetings with project staff to review the status of the RAW deliverable.
Additional Revisions to SSI Report
Additional revisions to SSI report will be required per DTSC Comments to the text document, tables and figures including the human health risk assessment calculation tables. This will be the third round of edits to the SSI Report.
Prepare Addendum to SSI Workplan
The additional tasks to prepare Addendum to SSI Workplan included the following activities:
• The SSI Work Plan is to provide the proposed scope of work to further delineate the extents of Polynuclear Aromatic Hydrocarbons (PAHs) and Total Petroleum Hydrocarbons (TPH) as diesel range (DRO) impacts in soil within the Auto Shop (AOC2), drain locations, and the former underground storage tanks (USTs), dispens er and pipeline area (AOC1) north of Auto shop (AOC2) and volatile organic compounds (VOCs) impacts in soil vapor (benzene, chloroform and tetrachloroethylene (PCE) near the former USTs and dispenser area (AOC1) north of Auto shop, adjacent to 3-stage clarifier area, and elevated chloroform concentrations adjacent to the wash rack.
• Per the DTSC letter, a dditional SSI investigation is required since the soil and soil vapor concentrations detected in the samples exceed the regulatory health risk screening levels as presented in our Draft SSI Report.
• The Addendum SSI Work Plan will propose additional direct push drilling, soil sampling, soil vapor probe installations, and soil vapor sampling.
• Include additional soil vapor and soil matrix sampling rationale table for proposed chemical analysis.
• Create additional figure s showing the proposed sampling locations to define the lateral and vertical extent of impacts in soil and soil vapor.
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore)
Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| December 21, 2023 3
IMPLEMENTATION OF ADDENDUM SSI WORKPLAN
The following additional SSI Addendum field activities will be performed by Ninyo & Moore and our certified subcontractors in support of the planned development of the Colton Maintenance Yard:
• Conduct an additional geophysical survey to clear the proposed boring locations for potential underground utilities in AOC 1 (UST area) and AOC 2 (auto shop location and 3- stage clarifier).
• Collect additional soil samples from 9 borings at depths of approximately 2, 4, 6, 8, and 10 feet bgs using a hand auger or limited access direct push drilling rig to assess the impacts of polycyclic aromatic hydrocarbons (PAHs) in soil within the auto shop building. The 8 and 10- foot depth soil samples will be placed on hold, pending the results of shallower samples. The soil samples will be logged and field screened for indications of contamination. Field screening will be conducted with a calibrated photo- ionization detector (PID) for VOCs, by visual observation, and by evidence of odors. These borings will be concrete cored and capped following completed.
• Collect additional soil samples from five borings for TPH diesel range at approximately 2, 4, and 6 f eet bgs and two borings at approximately 5, 10 and 15 feet bgs based on the corresponding elevated concentrations detected during the initial SSI at AOC 1 and AOC2.
Soil samples will be collected in laboratory-supplied containers or sleeves and transported in an ice- cooled chest under chain- of-custody protocol to a California Department of Public Health, Environmental fixed Laboratory Accreditation Program -certified laboratory for chemical analysis of TPH diesel range by EPA Method 8015B and PAHs by EPA 8270SIM.
• Advance an additional 11 soil borings to further evaluate soil vapor contam ination beneath the AOC 1 and 2 to approximately 25 feet bgs using a direct push drill rig. Following the advancement of the borings, temporary soil vapor probes will be installed at approxi mately 5, 15 and 25 feet bgs. Vapor probes will consist of ¼-inch diameter Teflon® tubing equipped with a filter within a layer of sand. Two existing probes near the wash rack in AOC7 will be resampled (SV-40-5 and SV-40-15). At least 48 hours following the installation of the probes, soil vapor sampling will be conducted in general accordance with DTSC Final Advisory Active Soil Gas Investigations. Soil vapor samples will be analyzed using a mobile environmental analytical laboratory for the full suite (halogenated and non-halogenated) of VOCs including fuel oxygenates and total petroleum hydrocarbons (TPH) as gasoline using United States EPA Method 8260B.
• Ninyo & Moore estimates that two drums of soil cuttings will be generated duri ng the proposed field activities. For waste characterization purposes, one composite soil sample will be collected from the drums and analyzed for TPH carbon chain, VOCs, and Title 22 Metals in accordance with EPA Methods 8015B, 8260B, and 6010B/7471A, respectively. Following receipt of the laboratory results, the drums will be transported to a recycling facility as non- hazardous waste.
SSI ADDENDUM REPORT
Ninyo & Moore will prepare an Addendum to the SSI Report following receipt of the laboratory analytical data. The report will include a discussion of the site background, site characteristics, results of the previous SSI investigation, the SSI Addendum field and sampling activities, geophysical survey report, tables compiling analytical results, figures showing boring locations and
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore)
Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| December 21, 2023 4
hot spots, updated Human Health Risk Assessment (HHRA), conclusions and recommendations.
The SSI Addendum report will present a comparison of the analytical results to the appropriate regulatory screening levels, health risks, planned redevelopment activities, and recommended remedial actions (if necessary).
PREPARE REMOVAL ACTION WORKPLAN
Ninyo & Moore technical staff will prepare a draft RAW for the site. The scope and objectives of the RAW will include an overview of the removal action objectives; a statement of the intention to achieve a cleanup of the site protective of human health and the environment; a definition of the intended future use of the si te, which will in turn establish standards for the level of cleanup (residential, commercial, etc.); and an overview of the recommended remedial action.
Major components of the RAW will include: site description and location; nature, source and extent of contamination from historical studies conducted at the site; remedial goals to be achieved by the remedial action including remedial action objectives; screening of remedial action alternatives; compliance with Applicable or Relevant and Appropriate Require ments; analysis of the remedial action alternatives evaluated against effectiveness, implementability and cost; rationale for selection of the proposed remedial alternative; selected remedial action implementation including dust abatement and monitoring, confirmation soil sampling and analysis, and waste characterization and disposal. The draft RAW will include relevant figures, maps, tables, and supporting documents.
The RAW will also include a Health and Safety Plan (HSP) and a Transportation Plan. The HSP will be prepared in general accordance with state and federal regulations to address worker safety as well as the safety of the general public. The draft RAW will be submitted to the DTSC for review.
Ninyo & Moore will address comments from the DTSC and incorporate edits in the final RAW.
ASSUMPTIONS
Our fee is based on the following assumptions.
• The costs derived in this proposal are based on the anticipated additional scope of work that DTSC approves. Based on DTSC’s requests, comments, and the scoping meeting, additional work beyond our assumed scope may need to completed at additional cost. • Deeper samples placed on hold will not be analyzed.
• One round of edits is required to incorporate comments of SSI Workplan and RAW from the City and DTSC are included.
• Costs for implementation of SSI Addendum Workplan are rough order magnitude and are estimated based on 5 days of field work.
• Public participation is not included as part of the RAW.
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore)
Ninyo & Moore | 160 South 10th Street Colton, California | 212259001| December 21, 2023 5
ESTIMATED FEE
Our environmental services will be provided on a time-and-material basis in accordance with our approved Professional Services Agreement (PSA). Based on the scope of work outlined above, the estimated fee to perform the above tasks including a breakdown of the costs is provided in Table 1.
Labor and direct charges documentation will be provided with our monthly invoices in accordance with our PSA.
The additional charges for Amendment No. 3 are $99,902 . These charges are in addition to our current Work Authorization amount of $147,742. When adding the costs of Amendment No. 3 to the Agreement amount, the revised work authorization amount is $247,644.
If you have any questions or need additional information, please contact either of the undersigned at your convenience.
Sincerely,
NINYO & MOORE
Dennis Fee, EIT
Senior Project Engineer
Anthony Lizzi, PG, CHG
Principal Geologist
DWF/AJL/
Attachment: Table 1 – Breakdown of Estimated Fee
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore) Labor
Principal Geologist/Engineer 8 hours @ 195.00$ /hour 1,560.00$ Senior Project Engineer 8 hours @ 185.00$ /hour 1,480.00$ Senior Staff Engineer/Geologist/Scientist 12 hours @ 150.00$ /hour 1,800.00$ Staff Engineer/Geologist/Scientist 4 hour @ 140.00$ /hour 560.00$ Subtotal 5,400.00$
5,400.00$
Labor
Principal Geologist/Engineer 6 hours @ 195.00$ /hour 1,170.00$ Senior Project Engineer 4 hours @ 185.00$ /hour 740.00$ Technical Illustrator/CAD Operator 2 hour @ 103.00$ /hour 206.00$ Subtotal 2,116.00$
2,116.00$
Labor
Principal Geologist/Engineer 2 hours @ 195.00$ /hour 390.00$ Senior Project Engineer 4 hours @ 185.00$ /hour 740.00$ Technical Illustrator/CAD Operator 2 hour @ 103.00$ /hour 206.00$ Data Processor 2 hours @ 75.00$ /hour 150.00$
Subtotal 1,486.00$
1,486.00$
Labor
Principal Geologist/Engineer 4 hours @ 195.00$ /hour 780.00$ Senior Project Engineer 12 hours @ 185.00$ /hour 2,220.00$ Senior Staff Engineer/Geologist/Scientist 30 hours @ 150.00$ /hour 4,500.00$ Technical Illustrator/CAD Operator 4 hour @ 103.00$ /hour 412.00$ Data Processor 4 hours @ 75.00$ /hour 300.00$
Subtotal 8,212.00$
8,212.00$
Labor
Principal Geologist/Engineer 4 hours @ 195.00$ /hour 780.00$ Senior Project Engineer 6 hours @ 185.00$ /hour 1,110.00$ Senior Staff Engineer/Geologist/Scientist 54 hours @ 150.00$ /hour 8,100.00$ Staff Engineer/Geologist/Scientist 54 hours @ 140.00$ /hour 7,560.00$ Subtotal 17,550.00$
Subcontractors
Drilling & Coring (MR Drilling) 20,495.16$
Geophysical Survey Full Scan(Subsurface Survey) 1,728.00$ TPHD (EPA Method 8015B) 21 tests @ 43.20$ /test 907.20$ PAHs (EPA Method 8270SIM) 27 tests @ 135.00$ /test 3,645.00$ Waste Characterization Testing (VOCs, TPH, metals) 1 tests @ 225.00$ /test 225.00$ Jones Mobile Lab withTechnician 6,890.40$
Waste Drum Disposal (Belshire Env) 1,000.00$
Subtotal 34,890.76$
ODCs
PID 5 days @ 150.00$ /day 750.00$
Field Supplies 5 days @ 60.00$ /day 300.00$
Level D PPE 2 staff for 5 days @ 35.00$ /day 350.00$ Mileage 115 miles for 5 days @ 0.680$ /mile 391.00$ Subtotal 1,791.00$
Total 54,231.76$
Labor
Principal Geologist/Engineer 6 hours @ 195.00$ /hour 1,170.00$ Senior Project Engineer 10 hours @ 185.00$ /hour 1,850.00$ Senior Staff Engineer/Geologist/Scientist 32 hours @ 150.00$ /hour 4,800.00$ Staff Engineer/Geologist/Scientist 10 hours @ 140.00$ /hour 1,400.00$ Technical Illustrator/CAD Operator 4 hours @ 103.00$ /hour 412.00$ Data Processor 4 hours @ 75.00$ /hour 300.00$
Toxicologist for Health Risk Assessment 20 hours @ 195.00$ /hour 3,900.00$ Subtotal 13,832.00$
Total 13,832.00$
Labor
Principal Geologist/Engineer 6 hours @ 195.00$ /hour 1,170.00$ Senior Project Engineer 18 hours @ 185.00$ /hour 3,330.00$ Senior Staff Engineer/Geologist/Scientist 60 hours @ 150.00$ /hour 9,000.00$ Technical Illustrator/CAD Operator 8 hour @ 103.00$ /hour 824.00$ Data Processor 4 hours @ 75.00$ /hour 300.00$
Subtotal 14,624.00$
14,624.00$
COST FOR AMENDMENT No. 3 $99,902
DTSC Scoping Meeting for SSI Addendum-Prepare & Attend Total
Prepare RAW Workplan
Total
SSI Report Revisions per DTSC Comments (3rd round)
Total
Table 1 – Breakdown of Estimated Fee
Project Coordination, Meetings and Management
SSI Addendum Report & Health Risk Assessment
Implementation of Addendum to SSI Workplan
Total
Lump Sum
Laboratory Analysis of Soil Samples (OCA), 7-10 day Standard TAT Lump Sum
Lump Sum
Prepare SSI Addendum Workplan to DTSC
Total
Ninyo & Moore | 160 S. 10th Street, Colton, California | 212259001 | December 21, 2023 1
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore) Table 1 – Breakdown of Estimated Fee
$89,500
Amendment No. 1 $49,590
Amendment No. 2 $8,652
Amendment No. 3 $99,902
$247,644
Project Cost Summary Table
Initial Purchase Order Amount
TOTAL REVISED PROJECT COST
Ninyo & Moore | 160 S. 10th Street, Colton, California | 212259001 | December 21, 2023 2
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Attachment: 212259001 Fee Amendment 3 SSI Addendum Workplan RAW (4355 : Contract Amendment - Ninyo & Moore)
ITEM NO. 10
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: MARIO SUAREZ, INTERIM DIRECTOR OF DEVELOPMENT
SERVICES
SUBJECT: APPROVE CONTRACT FOR ENVIRONMENTAL SERVICES WITH
RINCON CONSULTANTS AND REIMBURSEMENT AGREEMENT
WITH APPLICANT FOR KNIGHT-SWIFT TRANSPORTATION
HOLDINGS, ZONING TEXT AMENDMENT, CONDITIONAL USE
PERMIT AND ARCHITECTURAL AND SITE PLAN REVIEW.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Authorize the City Manager to execute a Professional Services Agreement (PSA) with Rincon Consultants, Inc. for $137,444 to provide environmental services on behalf of Knight-Swift Transportation Holdings (DAP23-0019), as per the terms of the PSA, including exhibits attached thereto.
2. Approve a Reimbursement Agreement with Knight -Swift Transportation Holdings to fund environmental consulting and associated legal services as needed, for processing entitlements for DAP23-0019.
BACKGROUND
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Staff Report to the Mayor and City Council
Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift February 6, 2024
The City received a planning application from a Knight -Swift Transportation Holdings representative for a Zoning Text Amendment, Conditional Use Permit , and Architectural and Site Plan Review to allow the storage of truck trailers, truck chassis , and truck & trailer parking on property located in the M -2 (Heavy Industrial) Zone. Union Pacific Railroad Company owns the property. Knight-Swift Transportation, a private company, leased the property from Union Pacific Railroad Company to conduct the truck and trailer and truck chassis storage use on property measuring approximately 11 acres.
As the lead agency for carrying out and approving the proposed project, the City of Colton is responsible for causing the environmental document to be prepared (CEQA Guidelines, Section 15367). Because the City is the public agency having jurisdiction by law over the project, the environmental document becomes the City’s document to comply with CEQA. Staff, the environmental consultant, and the applicant have agreed to the scope of this proposal.
ISSUES/ANALYSIS
Staff is recommending that one of the City’s pre -qualified environmental consultants, Rincon Consultants, Inc., be selected to prepare an Initial Study. All technical analysis associated with the Initial Study will be prepared directly by the consultant subconsultants (Traffic/VMT). The consultant’s services will be overseen directly by staff to ensure that content, quality, and timeframe commitments are met.
Staff is also requesting approval of a correspo nding Reimbursement Agreement with the applicant to ensure the applicant funds all of consultant services, including legal and staff services associated with the project.
The total cost for the environmental services to prepare the Initial Study is $158,0 60.60. (including 15% Planning Administrative fee: 137,444 x .15 = 20,616.60). Pursuant to the attached reimbursement agreement, the applicant is required to submit the funding required prior to initiation of the contracted services.
FISCAL IMPACTS
Sufficient appropriations for the Initial Study contract with Rincon are available in the adopted FY2023-24 budget in General Fund Planning Division Developer Professional Services Account Number 100-6300-6301-2357-0000-000.
The applicant will pay the full am ount of $158,060.60, which includes the 15% Planning Administrative fee, or $20,616.60. As the application consists of legislative amendment (Zoning Text Amendment), all time spent on processing the application will be charged “at cost” to the applicant. Revenue from the Reimbursement Agreement will be deposited in General Fund Revenue Account Number 100-6799-000.
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Staff Report to the Mayor and City Council
Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift February 6, 2024
ALTERNATIVES
1. Provide alternative direction to staff.
ATTACHMENT
1. Attachment 1._PSA_Rincon_DAP23-0019
2. Attachment 2_Reimbursement Agreement_DAP23-0019
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CITY OF COLTON
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 6th day of February, 2024, by and between the City of Colton, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 650 North La Cadena Drive, Colton, California 92324 ("City") and Rincon Consults, Inc., with its principal place of business at 250 East 1st Street, Suite 1400, Los Angeles, California 90012 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibili ty for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Environmental Document Preparation services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional environmental consulting services for the Zoning Text Amendment, Conditional Use Permit and Architectural and Site Plan Review for 205 Mission Street (APNs: 0163-041-46 and 0276-121-14) (“Project”) (DAP23-0019), Nick Lemm, applicant representing Knight-Swift Transportation Holdings, Inc., as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from February 06, 2024 to June 06, 2025, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than six months/ Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submitta ls in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Katherine Fikan, Project Manager.
3.2.5 City's Representative . The City hereby designates Mario Suarez , Interim Development Services Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized t o act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orde rs from any person other than the City Manager, City's Representative or his/her designee.
3.2.6 Consultant's Representative . Consultant hereby designates Katherine Fikan , Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this A greement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees . Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services.
Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Service s assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approval s shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Con sultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.
3.2.10 Laws and Regulations; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Consultant . By executing this Agreemen t, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant. Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-sections.
3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub - subcontractors and Subconsultants . To the same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub -subcontractors and subco nsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility; Failure to Comply . Each person executing this Agreement on behalf of Consultant verifies that they are a duly authorized officer of Consultant, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause:
(1) failure of Consultant or its subcontracto rs, consultants, sub -subcontractors or subconsultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verificatio ns provided to the Consultant under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.
3.2.10.4 Equal Opportunity Employment . Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non- discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.2.10.5 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirem ents are more broad, Consultant shall specifically be aware of their application to "portable equipment", which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel -powered engine. Consultant shall indemnify City agains t any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its sub-consultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.6 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, whe re applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.2.11 Insurance.
Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants. Consultant s hall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability : Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability : Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusi on contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease.
Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such in surance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay pr emium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.
3.2.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5 ) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability.
Defense costs shall be paid in addition to the limits.
3.2.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) (A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment f urnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the b enefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured.
Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A). (B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage. The insurer shall agree to waive all rig hts of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant.
(D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested , has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.
3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss.
Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents,
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
3.2.11.6 Deductibles and Self -Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.
3.2.11.7 Subconsultant Insurance Requirements . Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all ins urance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.
3.2.11.9 Verification of Coverage . Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certifi cates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approve d by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.2.11.10 Reporting of Claims . Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed one hundred thirty- seven thousand and four hundred and forty-four dollars ($137,444.00) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation . Consultant shall submit to City a m onthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consu ltant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses . Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement.
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3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but whic h the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.
3.3.5 Rate Increases. In the event that this Agre ement is renewed pursuant to Section
3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
3.4 Labor Code Requirements.
3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fulle st extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requi rements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City.
Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.
3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
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3.5 Accounting Records.
3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Ag reement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.6 General Provisions.
3.6.1 Termination of Agreement.
3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.
3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.
3.6.1.3 Additional Services . In the event this Agreement i s terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:
Consultant: Rincon Consulting, Inc.
Attn: Katherine Fikan, Project Manager
250 East 1st Street
Los Angeles, CA 90012
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Mario Suarez, Interim Development Services Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address.
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
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3.6.3 Ownership of Materials and Confidentiality.
3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition , Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying th e Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.
3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing tha t City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.
3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data ma de by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.
3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, emplo yees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.
3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without t he prior written consent of City, be used by Consultant for any purposes other than the performance of the Services.
Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.6.3.6 Confidential Information . The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a cour t of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's ob jection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's ch oice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.
3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.6.5 Indemnification.
3.6.5.1 To the fullest extent per mitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related cos ts and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
3.6.5.2 If Consultant’s obligation to defend, indemnify, and/ or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant ’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdic tion, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matte r hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.
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3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City.
Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
3.6.8 Time of Essence . Time is of the essence for each and every provision of this Agreement.
3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.
3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.6.12 Construction; References; Captions . Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference o nly, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Par ty any contractual rights by custom, estoppel, or otherwise.
3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.6.16 Invalidity; Severability . If any portion of this Agreement is de clared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any c ompany or person, other than a bona fide employee working solely for Consultan t, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay
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3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority t o make this Agreement and bind each respective Party.
3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
3.7 Subcontracting.
3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO
PROFESSIONAL SERVICES AGREEMENT BY AND
BETWEEN THE CITY OF COLTON AND RINCON
CONSULTANTS, INC. (DAP23-0019)
CITY OF COLTON RINCON CONSULTANTS, INC.
By: ____________________________ By:
Wiliam R. Smith Rincon Consulting, Inc.
City Manager
Attest:
____ _________________________
Carolina R. Padilla
City Clerk
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) EXHIBIT "A"
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The project involves the allowance of chassis/container and trailer storage facility operations on the project site. The project is located at 205 Mission Street (APN: 0163-041-46 & 01276-121-14) and is located in an area designated as M-2 (Heavy Industrial) Zone. The proposed chassis/container storage use is not listed as a permitted use in the Colton Municipal Code. The trailer storage facility operation requires a Conditional Use Permit (CUP). Architectural and Site Plan Review are also required for the overall project layout of the temporary trailer storage, assembly (placing trailers on chassis), and providing tractor parking areas.
Project Site
Scope of Services
The following key documents will be required to address environmental requirements under CEQA for the project:
Initial Study-Mitigated Negative Declaration
Air Quality/Greenhouse Gas Emissions Technical Report [Optional] Health Risk Assessment
Biological Resource Assessment
Cultural Resource Assessment
Noise and Vibration Analysis
Traffic/Vehicle Miles Traveled
Based on our understanding of the project, we believe the appropriate level of CEQA documentation will be an Initial Study-Mitigated Negative Declaration (IS-MND). Therefore, this scope of work is based on preparation of an IS-MND. If, during the development of the technical studies and the IS-MND, it is determined there would be significant and unavoidable impacts that cannot be mitigated, we will immediately notify the City to discuss potential next steps, including possible project redesign or preparation of an Environmental Impact Report (EIR). Although unlikely, if an EIR is required to support the project, this scope would be amended to include preparation of an EIR rather than an IS- MND.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) Rincon assumes that the remaining subjects can be addressed in the IS-MND via quantitative and qualitative evaluation, research, field investigation, existing documentation, and direct analysis, and Applicant-provided technical reports.
TASK 1 PROJECT KICK-OFF
The project kick-off meeting will convene the City, applicant, and the Rincon team, virtually to introduce the project, clarify the scope of work/process, establish preferred methods of communication, and refine the project schedule. Prior to the kick-off meeting, Rincon will submit a list of data and document needs for the project; following the meeting, Rincon will perform an initial review of all materials.
Deliverables
Attendance of the Rincon management team at one, one-hour virtual kickoff meeting Data Needs Request
Assumptions
For scheduling purposes, the applicant will provide all requested information for the project within one week of receipt of Rincon’s Data Needs Request. The project description will not change once the technical analyses described under Task 2 and/or preparation of the IS-MND described under Task 3 have been initiated. All draft documents submitted to the City and applicant team for review as part of this scope of work will be provided in electronic format (Word and/or PDF).
TASK 2 TECHNICAL ANALYSES AND STUDIES
Upon authorization of the scope of services, Rincon and the City will discuss the availability of any other existing or anticipated project-specific technical studies, if applicable, that may be prepared by the Applicant. The scope of services herein includes the following additional technical tasks to supplement any existing technical studies, to establish and/or confirm existing baseline project site conditions, and to identify potential project impacts.
Subtask 2.1 Air Quality and Greenhouse Gas Emissions Technical Report The Air Quality and Greenhous Gas (GHG) Emissions Technical Report will consider both temporary construction and long-term operational emissions. The analysis will include the following tasks:
Evaluate the existing air quality conditions of the project study area; this will include gathering background air quality data, local wind patterns in the study area and identifying applicable rules, plans and thresholds of significance.
Calculate the project’s construction and operational air quality and GHG emissions using the California Emissions Estimator Model (CalEEMod) and compare to South Coast Air Quality Management District (SCAQMD) thresholds.
Conduct a Localized Significance Threshold (LST) analysis using the CalEEMod outputs. Evaluate potential odor impacts resulting from the proposed project. Evaluate the proposed project’s compliance with applicable State and local GHG reduction plans, policies, and regulations.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) Identify and recommend mitigation measures that are feasible to implement and that will reduce any potential impacts to the maximum extent possible. Prepare an Air Quality and GHG Emissions Technical Report that incorporates the findings and supporting calculations.
Deliverables
Draft Air Quality and GHG Emissions Technical Report for one round of review and comment by the City/applicant.
Electronic copy of the Final Air Quality and GHG Emissions Technical Report in MS Word and PDF format.
Assumptions
All data needs are reviewed and approved prior to modeling, any changes to the modeling inputs subsequent to beginning modeling may necessitate remodeling which will be charged on a time and materials basis.
A single round of City/applicant review and revisions that do not include remodeling. Response to agency review beyond the City’s review and revisions is not included in the scope of services provided.
Subtask 2.2 Biological Resources Survey and Analysis
The project site is largely disturbed, and is in a fully urbanized area; however, the natural habitat value of the site and its immediate surroundings are unknown. Therefore, Rincon will conduct a field reconnaissance survey to assess the project site for it’s potential to support sensitive biological resources and to characterize and map project-specific existing conditions to supplement the findings of the IS-MND.
Additionally, Rincon will conduct a literature review of relevant documents that have been prepared for the site, including a database search of the California Department of Fish and Wildlife California Natural Diversity Database and the United States Fish and Wildlife Service Information for Planning and Consultation (IPaC) Online System. The findings on the field reconnaissance and literature review will be incorporated directly into the IS-MND. The IS-MND will include an appendix with representative photographs displaying the general condition of the project site and existing biological resources, as well as the database search results. If significant biological resources are identified, Rincon will notify the Client prior to proceeding on the IS-MND.
Deliverables
Qualitative analysis of biological resources input directly into the IS-MND document.
Assumptions
The City/applicant will confirm the availability of any documentation pertaining to Biological Resources for the project site to determine the potential of biological resources that may have been and/or may be present on the project site, and to confirm proper handling of such resources during previously demolition activities have occurred.
Site access will be granted prior to the field reconnaissance survey. This scope does not include focused species surveys or other detailed technical studies (i.e. arborist report, wetland delineation).
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) The methods and results of the Biological Resources Survey will be documented directly in the IS- MND; therefore, a stand-alone biology report is not included. The IS-MND will include an appendix with representative photographs displaying the general condition of the project site and existing biological resources, as well as the database search results.
Subtask 2.3 Cultural Resources Analysis
This subtask is aimed at identification of cultural resources in or near the project site, and includes background research and pedestrian survey. This scope of work and cost assume no cultural resources will be found during the cultural resources study. Should cultural resources be discovered, additional work may be required, and a scope and budget augmentation will be provided to complete a full cultural resources technical report to address the project finds.
Cultural Resources Records Search
Upon authorization to proceed, Rincon will conduct a California Historical Resources Information System (CHRIS) records search of the project site and 0.5-mile radius from the South-Central Coastal Information Center (SCCIC) at California State University, Fullerton. The primary purpose of the records search is to identify any cultural resources known to exist within or adjacent to the project site. The records search will also reveal the nature and extent of any cultural resources work conducted in or near the project site.
In addition to the archaeological inventory records and reports, Ricon staff will review Archaeological Determinations of Eligibility (DOE) listings and the California Office of Historic Preservation’s Built Environment Resource Directory (BERD) for resources in or adjacent to the project site. The BERD can contain listings in the National Register of Historic Places (NRHP), California Register of Historical Resources (CRHR), State Historical Landmarks, and California Points of Historical Interest. In addition, listings for designated local resources will be reviewed.
Native American Outreach
Rincon will contact the California Native American Heritage Commission (NAHC) for a review of their Sacred Lands File (SLF). The NAHC will determine if any NAHC-listed Native American sacred lands are located within or adjacent to the project site. The NAHC will also provide a list of local Native American individuals and groups who may have knowledge of, or concerns about, Native American resources in the area. Rincon will provide this list to the lead agency. This task does not constitute government-to- government consultation under Assembly Bill 52 (AB 52).
Cultural Resources Survey
Upon receipt of the records search results, Rincon will conduct a cultural resources survey of the project site to identify surface evidence of cultural resources. No testing or excavation will be conducted, nor will any artifacts, samples, or specimens be collected during the survey.
Negative Findings Letter Report
Rincon will prepare a short negative findings letter report that will include a project description, summary of background research, survey methods and results, management recommendations, and figures. An electronic copy (PDF) of the draft letter report will be submitted to the City/applicant for review and approval. Rincon will address one round of minor City/applicant comments. The report will be finalized following completion of the review cycle. Electronic copies will be provided to the City and to the SCCIC.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) Deliverables
NAHC Native American contact list
Draft and Final Cultural Resources Letter Report in electronic format Assumptions
A map depicting the limits of the project and permission to enter this area will be provided at notice to proceed.
Direct expenses associated with the CHRIS records search will not exceed $800 and the results will be obtained within 2 to 4 weeks of notice to proceed. If the record search results have schedule or budget ramifications, it will be communicated to City staff in a timely manner to effectively maintain the project schedule. The NAHC will provide the SLF search results within 4 to 6 weeks of Rincon’s request. The pedestrian survey area will not exceed 20 acres in size and the survey can be completed by one cultural resource specialist within one 8-hour field day, including travel time. No cultural resources (including archaeological and historic-period built environment resources) that require recordation, updating, or evaluation for CRHR eligibility will be identified within the project site during the records search or pedestrian survey. Should cultural resources be identified, additional work associated with their documentation and evaluation may be conducted under a cost amendment.
Due to the sensitive nature of archaeological resource information, cultural resources reports are typically considered confidential. Rincon assumes the technical report will be considered confidential and will not be suitable for public review. The City will conduct AB 52 notifications and consultations and provide the results to Rincon.
Should the City request additional consultation assistance, the work may be conducted under a cost amendment.
Subtask 2.4 Noise Technical Report
The following scope of work and associated professional fees represent the services necessary to complete the Noise Technical Report:
Identify and review applicable, federal, State and local noise criteria. This includes the City of Colton Noise Element and Municipal Code to determine appropriate noise standards and significance criteria.
Collect up to four short-term (15 minute) ambient noise level measurements in the project vicinity to quantify the existing noise environment.
Calculate the project’s increase to traffic noise levels. Evaluate the potential stationary source noise impacts (e.g., idling truck noise) associated with the operation of the proposed project.
Estimate the project’s construction noise and vibration. Summarize the results of the study in a noise impact analysis report addressing the potential impacts associated with the project and provide the appropriate measures to reduce the impacts to levels of less than significant.
Deliverables
Noise Technical Report for one round of review and comment by the City/applicant. Final Noise Technical Report.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) Subtask 2.5: Vehicles Miles Traveled (VMT)
A VMT Technical Study will be conducted for the project by Urban Crossroads as a subconsultant to Rincon and will include the following:
Review applicable VMT screening thresholds to determine if any apply to the project. Adjust socio-economic data (SED) within a separate Traffic Analysis Zone (TAZ) to represent the project site to reflect the project’s specific land use in the SBTAM. Run base year SBTAM model inclusive of SED changes.
Run cumulative year SBTAM model inclusive of SED changes. Calculate the project generated VMT per employee based on the base year and cumulative year model runs.
Compare the Project VMT per employee with the baseline average VMT per employee for the City of Colton and apply specific thresholds.
If impacts to VMT are found to be potentially significant, then where applicable, identify Transportation Demand Measures (TDM) to reduce VMT.
Summarize the results of the VMT analysis in a letter report.
VMT RESPONSE TO COMMENTS
Revise the draft report based on comments provided by the lead agency for up to one review cycle.
Assist the CEQA preparer with preparation of response to comments on the draft CEQA document.
Trip Generation Assessment
Conduct driveway counts at up to 4 existing driveways over three consecutive days. Client to provide existing square footage information. Count data collected will be used to determine trip generation associated with existing uses and will be used to develop a site-specific trip generation rate on a per thousand square foot basis. Calculate project-related vehicle trips based on the trip generation rates developed as part of this Task. Raw vehicle trips will then be converted to passenger car equivalent (PCE) values based on the PCE factors commonly used in City to perform capacity and level of service analysis.
Determine whether a traffic study is required in accordance with the City of Colton traffic study guidelines.
Summarize the results in a letter report/scoping document for submittal to the City.
Deliverables
The VMT Technical Study and Trip Generation Assessment will be summarized in a draft technical memorandum for one round of review and comment by the City/applicant.
[Optional] Subtask 2.6 Health Risk Assessment
If operational truck trips are 200 or greater per day (100 round trips), an operational HRA will be completed to determine health risk to the nearest sensitive receptors. Rincon will use the project emissions data from the California Emissions Estimator Model (CalEEMod) to input into AERMOD.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) The HRA will use AERMOD for air dispersion modeling, and the Hotspot Analysis and Reporting Program Version 2 (HARP2) or in-house spreadsheet, to determine cancer and chronic health risks associated with diesel particulate matter emissions associated with project construction. Potential health risks to nearby sensitive receptors will be analyzed in accordance with the OEHHA Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments.
Rincon will estimate chronic and carcinogenic health risks based on standardized equations from the Air Toxics Hot Spots Program Risk Assessment Guidelines using either in-house spreadsheets or the revised HARP 2. The results, in terms of incremental cancer risks, will be compared to threshold values. If health risks are determined to exceed applicable thresholds, Rincon will identify additional potential mitigation measures to reduce impacts to the degree feasible. The results will be inputted directly into the Air Quality and GHG Emissions Technical Report.
Deliverables
HRA report for one round or review and comment by the City/applicant.
TASK 3 ADMINISTRATIVE DRAFT INITIAL STUDY
Rincon will prepare an Administrative Draft IS-MND using the CEQA Appendix G environmental checklist.
The Administrative Draft IS-MND will address all issue areas in the most recent CEQA Guidelines environmental checklist. Wherever possible, impacts will be quantified and compared to quantitative significance thresholds. Rincon will submit one electronic copy of the Administrative Draft IS-MND in MS Word and one compiled PDF including all appendices. Rincon estimates three weeks (15 working days) for City review in one set of consolidated comments in a Word document using Track Changes.
Rincon will start work on the Administ rative Draft IS -MND concurrently with the technical analyses described in Task 2, with the understanding that the Cultural Resources Analysis may not be completed if the SCCIC records request is not fulfilled before the submission of the Administrative Draft IS-MND.
Deliverables
Administrative Draft IS-MND for one round of review and comment by the City/applicant.
Assumptions
City staff and the project applicant will provide key project information (design plans, etc.).
Other analysis will be based on readily available information (General Plan Elements, resource agency websites, etc.).
Revisions will not be made to the project description once preparation of the Administrative Draft IS-MND is underway.
A cumulative project list, if applicable, will be provided by the City.
TASK 4 PUBLIC REVIEW DRAFT IS-MND AND NOTICE OF INTENT
The Administrative Draft IS-MND will be revised based on the comments received from City staff and incorporated into a Public Review draft IS-MND prepared ready for public and agency review. Any final revisions from City review will be made based on a single set of consolidated comments provided in an editable format (MS Word). It is assumed only minor edits will be received on the Public Review draft IS- MND not requiring any additional analysis. Rincon will incorporate those edits into a publishing ready IS- MND.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) Rincon will work with the City to develop the Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration. The NOI will include a link to the location on the City’s website where the IS-MND can be reviewed on-line, and the locations where hard copies (optional) of the IS-MND can be reviewed in- person.
Rincon will submit the IS-MND to the State Clearinghouse (SCH) for a 30-day public review. Submittal will include uploading the IS-MND, NOI, an SCH Summary Form, and an SCH Notice of Completion to the SCH’s CEQAnet web portal, and it is assumed that up to three hard copies will be required. Note that a 30-day public review period will be required. The City will be responsible for posting the NOI and the IS- MND on the City’s website, publishing the NOI in the newspaper, and addressing any direct mailing of notices required by the City.
Deliverables
NOI in electronic format to the City and responsible agencies. In-person filing of the NOI with the County Clerk
File the NOI and NOC form in electronic format with the State Clearinghouse and County Clerk. One copy of the Public Review Draft IS-MND (including appendices) in electronic format. Up to three printed copies of the Public Review Draft IS-MND with appendices on a flash drive. If requested, additional printed copies can be provided on a time and materials basis.
Assumptions
The City will be responsible for publishing the NOI in a local newspaper. The City/applicant team will be responsible for CEQA noticing to adjacent parcel owners or posting at the site.
TASK 5 FINAL IS-MND
Following the close of the public review period, Rincon will review the comments and schedule a meeting with the City and applicant to discuss key comments and approaches for response. The final formal stages of the IS-MND process involve responding to comments, public hearings, and final publication tasks. Our work effort for this task is described below.
Task 5.1 Response to Comments
Upon receipt of public comments on the Public Review Draft IS-MND, Rincon will prepare draft responses to comments for City/applicant review. This scope of work assumes that up to 30 individual comments on the content of the CEQA docume nt will be received; please note that one comment letter can contain multiple individual discrete comments. All letters containing comments on the content of the CEQA document will be documented in the Final IS -MND. This includes up to three lengthy (over five pages) and/or substantive letters, which can be adequately responded to in a maximum of 45 professional staff hours.
These assumptions are based on our prior experience with similar projects. Comment letters that solely express support or opposition to the project would not count against the comment estimate. The actual level of effort required to respond will depend on the length, detail, and sophistication of the comments, in addition to the number of letters received. We reserve the right to reeval uate the effort level and request a scope amendment upon the close of the public comment period.
Deliverables
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) One copy of the draft Responses to Comments and Final IS-MND text changes for City/applicant review in electronic format (Word).
Assumptions
This task assumes up to 30 distinct individual comments on the content of the CEQA document will be received, which includes three lengthy (over five pages) and/or substantive letters. Comment letters that solely express support or opposition to the project would not count against the comment estimate.
Task 5.2 Mitigation Monitoring and Reporting Plan
Rincon will prepare a mitigation monitoring and reporting plan (MMRP) in accordance with City requirements. The MMRP will be provided in a format designed for use by planners, environmental monitors, or code enforcement officers. This plan will take the form of a detailed table, which will compile all of the mitigation measures developed within the IS-MND, as well as information necessary to monitor compliance with each measure. The program will include:
Suggested wording as a condition of approval;
Identification of persons/agencies responsible for monitoring compliance with each condition; Timing when monitoring must occur;
Frequency of monitoring; and
Criteria to be used to determine compliance with conditions.
Deliverables
Draft MMRP for one round of review/comments by the City/applicant and revisions by Rincon Task 5.3 Publication of Final IS-MND and Notice of Determination Upon City/applicant approval of the Responses to Comments and MMRP, Rincon will prepare the Notice of Determination (NOD) and Final IS -MND for City/applicant review. The Final IS -MND will include the Response to comments, any revisions to the IS-MND in response to the public comments raised, and the MMRP. Rincon will be responsible for filing the NOD wit h the County Clerk's office. Rincon assumes that the applicant will provide a check to pay the required filing fees.
Deliverables
Draft IS-MND text changes for one round of review/comments by the City/applicant and revisions by Rincon
Final IS-MND documents
Draft NOD for one round of review/comments by the City and revisions by Rincon Final NOD
Up to three hard copies of the Draft/Final IS-MND with Appendices on USBs Assumptions
The project applicant will provide a check for any NOD filing fees. This scope does not include addressing any appeal to the project, or any other work after the NOD has been filed.
TASK 6 GENERAL PROJECT MANAGEMENT
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) The Principal-in-Charge of this contract will be Deanna Hansen. The Director for this project will be Susanne Huerta, and the project manager will be Katherine Fikan. Ms. Fikan will function as the primary point of contact between the City of Colton, client, and project team as needed. This task will include coordination with the City and project team.
Deliverables
Attendance at monthly coordination calls over an approximately eight-month schedule; up to two Rincon team members will participate.
Meeting notes, monthly invoices, and progress reports.
TASK 7 PUBLIC HEARINGS
If requested by the City, Rincon will attend two public hearings on the project. We can attend additional hearings at the request of the City in accordance with our standard fee schedule.
Deliverables
Attendance at up to two in-person public hearings, assumed to be one Planning Commission and one City Council hearing.
Assumptions
If additional technical experts and/or more hearings are required to attend to address controversial topics/issues, Rincon will provide the requested staff on a time and materials basis and an estimated additional scope and costs to the applicant.
General Assumptions
The preceding scope is based on the following assumptions:
The project is subject to CEQA only, with the City acting as CEQA Lead Agency. The City or Applicant will provide a stable project description, project site plan, and any technical studies that may be completed for the project site (i.e., Geotechnical Evaluation, Preliminary Hydrology Study or Low Impact Design Plan, Water Quality Management Plan, Phase I Environmental Site Assessment, etc.). The Applicant will confirm the availability of any documentation pertaining to Biological Resources and Cultural Resources for the project site to determine the potential of biological and/or cultural resources that may have been and/or may be present on the project site, and to confirm proper handling of such resources during previously demolition activities have occurred.
Adjustments required as a result of changes to the project description and/or site plan, once technical analyses are underway, are not included in this scope and may require a task amendment pending complexity of project description and/or site plan changes. Costs have been allocated to tasks based upon Rincon’s proposed approach. Rincon has the discretion to re-allocate costs among tasks and/or direct costs as circumstances warrant so long as the adjustments maintain the total budget within its authorized amount. Direct costs are estimated; actual costs will be invoiced and may be greater than estimated; however, will not be greater than the project’s not to exceed budget. The City and Applicant will be responsive to information needs, access requests, and review time limits to allow Rincon to maintain project momentum.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) City’s review of the Administrative Draft IS-MND, including technical analyses, is assumed to require up to three weeks (fifteen business days) to complete, and the City will provide comments in a consolidated, electronic, and editable format (Word and/or PDF). One round of revisions to the Administrative Draft IS-MND, including technical analyses, is included in this scope of services. Referred to in our scope as the Screencheck Draft IS-MND. All draft documents will be provided electronically (Word and PDF). All final documents will be provided electronically. If required, CDs or hard copies can be provided at cost in accordance with Rincon’s standard printing fees. Overnight shipping from our Production office in Ventura has been estimated to be approximately $50 per shipment, should hard copies or CDs be required. This cost is not included in our fee.
Rincon has assumed up to 45 hours of staff time to respond to public and agency comments on the published IS-MND. If the volume or length of public comments received require more time to provide adequate responses, additional staff time may be provided in accordance with Rincon’s standard fee schedule.
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) EXHIBIT "B"
SCHEDULE OF SERVICES
Schedule
Our proposed schedule is illustrated below. This example schedule is based on the kickoff meeting and will be based on the actual project start date.
Air Quality and Greenhouse Gas Technical Report to be submitted for City/applicant review within 10 weeks of notice to proceed and receipt of all needed project description materials Biological Resources Analysis will to be submitted for City/applicant review concurrently with the Administrative Draft IS-MND
Cultural Resources Analysis to be submitted for City/applicant review within 16 weeks of notice to proceed and receipt of all needed project description materials Noise and Vibration Analysis to be submitted for City/applicant review within eight weeks of notice to proceed and receipt of all needed project description materials Vehicle Miles Traveled Analysis to be submitted for City/applicant review within six weeks of notice to proceed and all needed project description materials Optional Health Risk Assessment to be submitted for City/applicant review within 8 weeks of notice to proceed and receipt of all needed project description materials Administrative Draft IS-MND to be submitted for City/applicant review within 16 weeks of notice to proceed and receipt of stable project site plans, project description, and any available technical studies completed to date.
City/applicant’s review of technical analyses (Task 2) and the Administrative Draft IS-MND (Task 3) will be up to three weeks (fifteen business days).
Public Review Draft IS-MND and Notice of Intent to be submitted within three weeks of receipt of City/applicant comments on the Administrative Draft IS-MND. Final IS-MND, including response to comments and the Mitigation Monitoring and Reporting Program, to be submitted within two to four weeks of receipt of public comments on the Public Review Draft IS-MND, depending on the level of comments received.
Based on these timeframes and assuming a three-week City/applicant review of the Administrative Draft IS-MND, as well as three-week City/applicant review of the technical study documents, we believe that the environmental review process can be completed within approximately eight months.
The ability to meet this timeframe depends on:
Receipt of a complete and stable project description, plan set and technical reports to be provided by the project applicant at project inception
Access to cultural records from the local information center Responsiveness of the City and applicant to information requests Actual time needed for City staff to review documents The extent of comments received which will refine the time needed to revise documents The level of public comment
Staff’s direction on addressing unanticipated issues that may arise during the process
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift) EXHIBIT "C"
COSTS AND FEE SCHEDULE
Cost
Table 1 Cost Summary
Task Estimated Cost
Task 1 Kickoff Meeting and Project Initiation $3,000
Task 2 Technical Studies $70,277
Task 2.1 Air Quality and Greenhouse Gas Technical Report $10,000 Task 2.2 Biological Resources Analysis $11,750
Task 2.3 Cultural Resources Analysis $11,687
Task 2.4 Noise and Vibration Analysis $9,000
Task 2.5 Vehicle Miles Travels Analysis $17,340
[Optional] Task 2.6 Health Risk Assessment $10,500
Task 3 Administrative Draft IS-MND $17,445
Task 4 Public Review Draft IS-MND and Notice of Intent $8,500 Task 5 Final IS-MND $22,222
Task 5.1 Response to Comments $8,180
Task 5.2 Mitigation Monitoring and Reporting Plan $3,986 Task 5.3 Publication of Final IS-MND and Notice of Determination $3,806 Task 6 General Project Management $9,500
Task 7 Public Hearings (2) $6,500
Total without Optional Tasks $126,944
Total with Optional Tasks $137,444
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Attachment: Attachment 1._PSA_Rincon_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift)
1 (BB&K: 12-11)
23152.08600\7640413.1
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT
ZONING TEXT AMENDMENT, CONDITIONAL USE PERMIT AND
ARCHITECTURAL AND SITE PLAN REVIEW FOR 205 MISSION STREET, FOR KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC.
(DAP23-0019)
1. PARTIES AND DATE.
This Reimbursement Agreement ("Agreement") is made this 06 day of February, 2024, by and between the City of Colton, a California municipal corporation ("City"), and Nick Lemm (“Knight-Swift Transportation ”) with principal place of business at 4080 Jenkins Rd., Chattanooga, TN 37421 (“Applicant”). City and Applicant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1. Property. The owner , Union Pacific Railroad Company , of that certain real property located within the City of Colton, County of San Bernardino , California , and more particularly described in Exhibit “A” attached hereto and incorporated herein by reference (“Property”).
2.2 Project. The Applicant is contemplating a project that includes a Zoning Text Amendment, Conditional Use Permit, and Architectural and Site Plan Review for the Property as described in Exhibit “ B” attached hereto and incorporated herein by reference (“Project”) . The Applicant has submitted an application for discretionary land use approvals for the Project, including those listed in Exhibit “C” attached hereto and incorporated herein by reference, as well as all related environmental review pursuant to the California Environmental Quality Act ("CEQA") and other applicable laws, rules and regulations.
2.3 Consultants. To provide the City with the needed expertise and information necessary for the City's review process concerning the Project, it is or may become necessary for the City to access the services of certain outside legal, environmental, planning and other experts for the Project ("Consultants").
2.4 Reimbursement. As a condition to th e City's completion of the Project review process, the Applicant has agreed to reimburse the City for the Consultants’ costs and expenses related to the City's Project review process, as well as any other out -of-pocket expenses incurred by the City, in the manner and amounts set forth in this Agreement. The Applicant's reimbursement of City under this Agreement will ensure that the City has the necessary resources to diligently and efficiently process the Applicant's Project.
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Attachment: Attachment 2_Reimbursement Agreement_DAP23-0019 (4366 : Contract Award/Reimbursement Agreement - Rincon
2 (BB&K: 12-11)
23152.08600\7640413.1
3. TERMS.
3.1 Incorporation of Recitals. The Parties agree that the Recitals constitute the factual basis upon which the City and the Applicant have entered into this Agreement. The City and the Applicant each acknowledge the accuracy of the Recitals and agree that the Recitals are incorporated into this Agreement as though fully set forth at length.
3.2 City Selection of Consultants. As a necessary and indispensable part of its fact finding process relating to the review of the Applicant's proposed Project and uses of the Property, the City shall retain the services of Consultants to provide advice as the City may deem necessary in its reasonable and sole discretion. The City has thus far retained or is prepared to retain (either directly or as subconsultants) those Consultant s listed in Exhibit “D” attached hereto and incorporated herein by reference, but shall have the right to retain any additional consultants or sub-consultants pursuant to this Agreement. The contemplated general scope of work of the Consultants for the Project is also described in Exhibit "D" attached hereto, but the City reserves the right, in its reasonable and sole discretion, to amend the scope of work as it deems necessary and appropriate to the City's proper review and consideration of the Applicant's Project.
The Applicant agrees that, notwithstanding the Applicant's reimbursement obligations under this Agreement, Consultants shall be the contractors exclusively of the City and not of the Applicant. Except for those disclosures required by law, including, without limitation, the Public Records Act, all conversations, notes, memoranda, correspondence and other forms of communication by and between the City and its Consultants shall be, to the extent permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The Applicant agrees that it shall have no claim to, nor shall it assert any right in any reports, correspondence, plans, maps, drawings, news releases or any and all other documents or work product produced by the Consultants.
3.3 Applicant to Cooperate with Consultants. The Applicant agrees to cooperate in good faith with the Consultants The Applicant agrees that it will instruct its agents, employees, consultants, contractors and attorneys to reasonably cooperate with the Consultants and to provide all necessary documents or information reasonably requested of them by the City and/or the Consultants; provided, however, that the foregoing shall not require the disclosure of any documents or information of t he Applicant which by law is privileged, proprietary, confidential, and exempt from disclosure under the Public Records Act.
3.4 Applicant's Reimbursement of Costs and Expenditures . The Applicant shall reimburse the City for one hundred percent (100%) of the actual fees, costs and other expenditures incurred by the City relative to the Consultant costs, as well as staff services associated with the Project, other out-of-pocket expenses incurred by the City ("Costs"). The City has preliminarily reviewed the scope(s) of work required and has estimated the aggregate Costs for all Consultants and City staff to be one hundred thirty-seven thousand and four hundred forty-four dollars ($137,444.00), plus an additional administrative fee of 15%, twenty thousand six hundred sixteen dollars and sixty cents ($20,616.60) ("Estimated Costs"). Within ten (10) calendar days of the execution of this Agreement, the Applicant shall submit deposit i n the amount of $137,444 and separate check in the amount of $20,616.60 to cover the initial Estimated Costs, which amount the City shall separately account for in a Project deposit account ("Deposit Account").
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As the Consultants invoice the City for fees, costs, and expenditures associated with the Project, staff charge their time for services associated with the Project, and City Attorney charges for legal services associated with the Project, the City may draw upon the Deposit Account to make the required payments. At any time that the Deposit Account drops below ($15,000), the City may make demand on Applicant to replenish the Deposit Account to reach the minimum Fifteen Thousand Dollars ($15,000) , or alternative minimum amount upon City entering contract(s) with environmental consultant(s) for Project, and Applicant shall submit the required amount of funds to City within ten (10) calendar days. In the event Applicant fails to make any required deposit, City shall have the right to consider Applicant's Project applications as withdrawn and cease processing such applications.
City shall not exceed the Estimated Costs without consulting with Applicant regarding the need for additional services which cause the Costs to exceed the Estimated Costs ("Excess Costs").
The City shall use reasonable good faith efforts to consult with the Applicant prior to amending any scope of services to be provided by the Consultants and incurring Excess Costs. Th e Applicant's obligation to reimburse the City for Excess Costs shall be contingent upon the City providing Applicant with written notice of the amendment of the scope of services to be performed by any Consultant and the estimated cost thereof prior to th e commencement of work. Once the City provides such notice, Applicant shall be obligated to pay the Excess Costs in the same manner as the Estimated Costs provided above, including, but not limited to, replenishing the Deposit Account.
For purposes of this Section, the City shall be deemed to have consulted with the Applicant when the City has provided written notice to the Applicant that the City reasonably anticipates that it will incur, or has incurred, Excess Costs. If, after consultation, the Applicant disagrees with the City's incurring of Excess Costs, then the Applicant's sole and exclusive remedy will be to terminate this Agreement pursuant to Section 3.6 of this Agreement, subject to the Applicant's obligation to reimburse the City for all Costs incurred by the City prior to the date of termination, whether or not yet paid by the City to any Consultants.
The City shall maintain accurate records of invoices received from, and payments made to, the Consultants resulting from the Project, and wi ll provide a payment summary to Applicant within a reasonable time upon request. In the event that excess funds remain in the Deposit Account upon conclusion of the Project and after all final payments to the Consultants have been made, the City agrees to refund that excess amount, if any, to Applicant within fifteen (15) days of final payment to the Consultants. Alternatively, if the Costs of the services of the Consultants exceed the Estimated Costs and Excess Costs, if any, then Applicant shall remain obligated to pay for all such Costs. Applicant shall pay any such amount within ten (10) calendar days of demand for payment by City.
3.5 Term. The term of this Agreement shall commence on the date that this Agreement is approved by the City Counci l and fully executed by the Parties, and shall terminate when all services required for the project by Consultants have been completed to the City's reasonable satisfaction and the Applicant has satisfied all of its obligations under this Agreement . For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its
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obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination. The Applicant's obligation to reimburse the City as provided in this Agreement shall survive the natural expiration of this Agreement pursuant to this section, as well as the termination of this Agreement pursuant to Section 3.6.
3.6 Early Termination.
3.6.1 By City. The City may, in its reasonable and sole discretion, terminate this Agreement prior to the term set forth in Section 3.5 above, without cost or liability to the City, upon thirty (30) days prior written notice to the Applicant in the event that Applicant either: (1) fails to satisfy any obligation of this Agreement; or (2) fails to reasonably prosecute its application(s) for the Project.
3.6.2 By Applicant. The Applicant may, in its reasonable and sole discretion, terminate this Agreement prior to the end of the term set forth in Section 3. 5 above, upon thirty (30) days' prior written notice to the City; provided, however, that Applicant's right to so terminate this Agreement is expressly contingent upon Applicant satisfying both of the following: (1) Applicant shall give City written notice withdrawing its application(s) for the Project; and (2) Applicant shall satisfy all of its obligations under this Agreement up through the proposed effective date of termination. For purposes of this section, Applicant's obligations shall include, but shall not be limited to, its obligation to reimburse the City for Estimated Costs and Excess Costs, whether or not paid by the City to Consultants prior to the date of termination.
3.6.3 Notice to Consultants . Within two (2) working days following either the City's decision to terminate this Agreement or the City's receipt of written notice indicating the Applicant's decision to terminate this Agreement, the City shall notify all Consultants and instruct them to cease work on the Project. Consultants shall also be instructed to bill the City for any services completed prior to the date of termination.
3.7 Assignability. This Agreement may not be assigned by either Party without the prior and express written consent of the other Party, which consent shall not be unreasonably withheld. In determining whether to approve a request by the Applicant to assign this Agreement, the City may consider, among other things, the proposed assignee's fin ancial status and commitment to the Project. Any attempted assignment of this Agreement not in compliance with the terms of this Agreement shall be null and void and shall confer no rights or benefits upon the assignee.
3.8 No Oral Modifications. This Agreement represents the entire understanding of the City and the Applicant and supersedes all other prior or contemporaneous written or oral agreements pertaining to the subject matter of this Agreement. This Agreement may be modified, only by a writing signed by both the authorized representatives of both the City and the Applicant.
All modifications to this Agreement must be approved by the City Council.
3.9 Binding Upon Successors. This Agreement and each of its terms shall be binding upon the Cit y, the Applicant and their respective officers, elected officials, employees, agents, contractors, and permitted successors and assigns.
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3.10 Legal Challenges. Nothing herein shall be construed to require City to defend any third party claims and suits challenging any action taken by the City with regard to any procedural or substantive aspect of the City ’s approval of development of the Property, the environmental process, or the proposed Project. The Applicant may, however, in its sole and absolute discretion appear as real party in interest in any such third party action or proceeding, and in such event, it and the City shall defend such action or proceeding and the Applicant shall be responsible and reimburse the City for whatever legal fees and expert or other costs, in their entirety, including actual attorneys' fees, which may be incurred by the City in defense of such action or proceeding.
This City shall have the absolute right to retain such legal counsel as the City deems necessary and appropriate and the Applicant shall reimburse the City for any and all attorneys' fees and expert or other costs incurred by the City as a result of such third party action or proceeding . Applicant may, at any time, notify City in writing of its decision to terminate such reimbursement obligation and, thereafter, the City may choose, in its sole discretion, to defend or not defend such third party action or proceeding. In the event that the City decides not to continue the defense of such third party action or proceeding, Applicant shall be obligated to reimburse City for any and all costs, fees, penalties or damages associated with dismissing the action or proceeding. In the event that the City decides to continue the defense of such third party action or p roceeding, Applicant shall have no further obligation to reimburse City for its attorney fees and expert or other costs.
3.11 Attorneys' Fees. In the event that any action or proceeding, including arbitration, is commenced by either the City or the Applicant against the other to establish the validity of this Agreement or to enforce any one or more of its terms, the prevailing Party in any such action or proceeding shall be entitled to recover from the other, in addition to all other legal and equitable remedies avail able to it, its actual attorneys' fees and costs of litigation, including, without limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees, including actual costs and attorneys' fees on appeal.
3.12 Jurisdiction and Venue. This Agreement is executed and is to be performed in the City of Colton, San Bernardino County, California, and any action or proceeding brought relative to this Agreement shall be heard in the appropriate court in the County of San Bernardino , California. The City and the Applicant each consent to the personal jurisdiction of the court in any such action or proceeding.
3.13 Severability. If any term or provision of this Agreement is found to be invalid or unenforceable, th e City and the Applicant both agree that they would have executed this Agreement notwithstanding the invalidity of such term or provision. The invalid term or provision may be severed from the Agreement and the remainder of the Agreement may be enforced i n its entirety.
3.14 Headings. The headings of each Section of this Agreement are for the purposes of convenience only and shall not be construed to either expand or limit the express terms and language of each Section.
3.15 Representations of Authori ty. Each Party signing this Agreement on behalf of a Party which is not a natural person hereby represents and warrants to the other Party that all
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necessary legal prerequisites to that Party's execution of this Agreement have been satisfied and that he or she has been authorized to sign this Agreement and bind the Party on whose behalf he or she signs.
3.16 Notices. Notices required under this Agreement shall be sent to the following:
City: City of Colton
650 N La Cadena Drive
Colton, CA 92324
Attn: Mario Suarez , Interim Development Services
Director
Applicant: Attn: Nick Lemm, Director of Real Estate
Knight-Swift Transportation Holdings
4080 Jenkins Rd.
Chattanooga, TN 37421
Notices given pursuant to this Agreement shall be deemed received as follows: (1) if sent by United States Mail, five (5) calendar days after deposit into the United States Mail, first class postage prepaid; (2) i f sent by facsimile, upon transmission and actual receipt by the receiving Party; (3) if by express courier service or hand delivery , on the date of receipt by the receiving Party. The addresses for notices set forth in this Section may be changed upon written notice of such change to either the City or the Applicant, as appropriate.
[SIGNATURES ON NEXT TWO PAGES]
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CITY’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT
ZONING TEXT AMENDMENT, CONDITIONAL USE PERMIT AND
ARCHITECTURAL AND SITE PLAN REVIEW FOR 205 MISSION STREET FRANK FOR KNIGHT-SWIFT TRANPORTATION HOLDINGS, INC.
(DAP23-0019)
CITY OF COLTON
By: _________________________
William R. Smith
City Manager
Attest:
_________________________
Carolina R. Padilla
City Clerk
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APPLICANT’S SIGNATURE PAGE FOR
CITY OF COLTON
REIMBURSEMENT AGREEMENT FOR LAND USE ENTITLEMENT PROJECT
ZONING TEXT AMENDMENT, CONDITIONAL USE PERMIT AND
ARCHITECTURAL AND SITE PLAN REVIEW FOR 205 MISSION STREET FRANK FOR KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC.
(DAP23-0019)
KNIGHT-SWIFT TRANSPORTATION HOLDINGS, INC.LC
By: _________________________
Signature
_________________________
Name:
_________________________
Title:
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EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Assessor’s Parcel Numbe r: 0163-041-46 and 0276 -121-14; portions thereof; 11 acres; City of Colton, CA 92324
The site map is below:
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EXHIBIT "B"
PROJECT DESCRIPTION
DAP23-0019 – The project is located in at 205 Mission Street (APN:0163 -041-46 & 01276-121- 14), and is located in an area designated as M -2 (Heavy Industrial) Zone. The proposed chassis/container storage use is not listed as a permitted use in the Zoning Code. Therefore, a Zoning Text Amendment is proposed to allow the proposed trailer, chassis and truck storage use.
The trailer storage facility operation requires a Conditional Use Permit (CUP). Architectural and Site Plan Review is a lso required for the overall project layout of the temporary trailer storage, assembly (placing trailers on chassis), providing tractor parking areas for Walmart or other outside trucking companies. It is our understanding that the project is to consist of a chassis/container and trailer storage facility operations on the approximately 11-acre site.
The environmental review includes the preparation of an Initial Study to determine appropriate CEQA document.
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EXHIBIT "C"
PERMITS AND OTHER APPROVALS
- Conditional Use Permit
- Architectural and Site Plan Review
- Zoning Text Amendment
- Initial Study – CEQA
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EXHIBIT "D"
CONSULTANTS
BEST BEST & KRIEGER LLP
Legal Services: Environmental (CEQA, water and other applicable environmental legal issues), planning, and other need legal services.
RINCON CONSULTANTS
Environmental consultant to prepare required CEQA document. Contract amount for Environmental Services is not to exceed $158,060.60 without prior approval by each party.
OTHER CONSULTANTS
Any and all other consultants, including but not limited to traffic engineering/transportation planning consultant, and CEQA consultant, determined by the City to be reasonably necessary for its review and processing of the Project application(s).
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ITEM NO. 11
STAFF REPORT
DATE: FEBRUARY 6, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE INDEFINITE TERM LAND LEASE AGREEMENT WITH
BNSF RAILWAY COMPANY FOR THE CONSTRUCTION OF
SOUTH LA CADENA DOG PARK ACCESS ROAD PROJECT.
RECOMMENDED ACTION
Staff recommends that the City Council take the following action:
1. Approve the Indefinite Term Land Lease Agreement (Exhibit A) between the City of Colton and BNSF Railway Company for the construction of South La Cadena Dog Park Access Road Project; and
2. Authorize the City Manager and the City Attorney to approve any minor non -substantive changes on the Indefinite Term Land Lease Agreement; and
3. Authorize the City Manager to execute the Indefinite Term Land Lease Agreement.
BACKGROUND
The City operates and maintains the South La Cadena Dog Park located on the east side of South La Cadena Drive between Fogg Street and Rancho Avenue. The Dog Park vehicular acc ess is along Fogg Street adjacent to BNSF railroad track. The existing access road is dirt , and is in need of improvement for safe access to the Dog Park parking area. The proposed improvement (Exhibit B) includes grading and asphalt paving from Fogg Street to the parking area.
ISSUES/ANALYSIS
The proposed improvement to the access road will encroach to BNSF property. In order to proceed with the project, the City need s permission from the railroad to construct the 11 Packet Pg. 676
Staff Report to the Mayor and City Council
Land Lease Agreement - BNSF Railway Company
February 6, 2024