Agenda packet — Colton City Council, March 5, 2024 (part 1 of 2)

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

Mayor Frank J. Navarro
Council Members:

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

City Treasurer Aurelio De La Torre

City Manager William R. Smith
City Attorney Carlos Campos
Deputy City Clerk Stephanie M. Vargas

AGENDA

CITY COUNCIL,

COLTON UTILITY AUTHORITY, COLTON PUBLIC FINANCING AUTHORITY,

COLTON HOUSING AUTHORITY

REGULAR MEETING
TUESDAY, MARCH 5, 2024 – 6:00 P.M.

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

CLOSED SESSION CALLED TO ORDER

ROLL CALL
PUBLIC COMMENT - Closed Session
This is the portion of the meeting specifically set aside to invite your comments regarding Closed Session items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment period.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

2 A. CONFERENCE WITH LEGAL - ANTICIPATED LITIGATION
Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4) One (1) Potential Case: Club 215 Consent Decree
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
In re Smart Earth Technologies, LLC
Delaware Bankruptcy Court, Case No. 1:2023bk11866,
C. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Government Code section 54956.9(d)(2))
Two (2) Potential Cases

CITY ATTORNEY ORAL REPORT ON CLOSED SESSION ACTIONS

RULES OF DECORUM

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

OPEN SESSION
6:00 P.M.

OPEN SESSION CALLED TO ORDER
INVOCATION Pastor Conrad Valdez - Echoes of Love Ministry FLAG SALUTE Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

ROLL CALL

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

MAYOR AND COUNCIL ITEMS

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

APPOINTMENTS

MAYOR AND COUNCIL DISCUSSION ITEMS

PUBLIC HEARINGS

To speak on public hearing items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other person s will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure. (1) Modification of Zoning Entitlements - Logistics Warehouses - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NOS. R-15-24, R-16-24, AND R-17-24, APPROVING MODIFICATION TO ZONING ENTITLEMENTS FOR 1400-1500 AGUA MANSA ROAD, RESOLUTION NOS. R-15- 24 R-16-24 & R-17-24.
[Staff Person: Heidi Duron]
Mayor announces the Public Hearing Open.

City Clerk submits the Affidavit of Publication and reports on protests or objections thereto.

Staff Presentation.

Public Comment.

After hearing public comment, on motion by Councilmember __________, secon ded by Councilmember _________, the Public Hearing is terminated.

MOTION __________ SECOND __________

4 BUSINESS ITEMS
To speak on business items, it is requested that you obtain a card from the City Clerk and complete it by noting the agenda item number, as well as whether you are in favor, opposition or neither, and give it to the City Clerk. The applicant will be allowed 5 minutes to address the Council and all other persons will be allowed 3 minutes; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.
(2) FY2023-24 Mid-Year Budget Review - Approve and Adopt Resolutions for FY2023-24 Mid-Year Budget Review, RESOLUTION NO. R-21-24, CUA-01-24, & CHA-01-24. [Staff Person: Stacey Dabbs]
(3) Youth Commissioner Program - Waive Full Reading, Read by Title Only and Introduce an Ordinance to Amend Section 2.30.020 of Chapter 2.30 of Title 2 of the Colton Municipal Code in order to be able to Appoint Youth Commissioners to Commissions and Committees of the City, ORDINANCE NO. O-02-24. [Staff Person: Stephanie M. Vargas]
(4) Employment Agreement Amendment - William R. Smith - Approve the 7th Amendment to the Employment Agreement for William R. Smith, for Services as Colton City Manager. [Staff Person: Carlos Campos]
PUBLIC COMMENT Limit 3 Minutes
This is the portion of the meeting specifically set aside to invite your comments regarding Consent Calendar items and other general comments about matters not on the agenda; however, any matter that requires action will be referred to staff for investigation and report at a subsequent Council meeting. The Council is prohibited by law from discussing or taking immediate action on items during this public comment p eriod.

Persons desiring to submit paperwork to the City Council Members shall provide copy of any paperwork to the City Clerk for the Official Record.

Speakers will be limited to 3 minutes; provided, however, that the presiding officer shall have certai n discretion to extend or limit time as provided for in the City Council Manual of Procedure.

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

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

(5) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 06, 2024 on file in the Office of the City Clerk.
[Staff Person: Stephanie M. Vargas]
(6) Warrants - Approve US Bank voucher dated 01/26/2024 totaling $55,113.89: wires dated 01/31/2024 and totaling $1,950,390.14; voucher numbers 210490 to 210588 dated 02/01/2024 and totaling $485.958.85; voucher numbers 210589 to 210715 dated 02/08/2024 and totaling $713,380.93 and a payroll disbursement listing dated 12/09/2023 to 12/22/2023 totaling $1,054,685.33. [Staff Person: Stacey Dabbs]

5 (7) City Treasurer's Report - Receive and File City Treasurer's Report for December 2023. [Staff Person: Aurelio De La Torre]
(8) Annual Weed Abatement - Set Public Hearing for Annual Weed Abatement, RESOLUTION NO. R-19-24. [Staff Person: Tim McHargue]
(9) Contract Award - PBLA - Award Contract to PBLA for Project Management Necessary in the Pre Construction Development of Colton Eco Friendly Park with Community Sports Fields. [Staff Person: Deb Farrar]
(10) Contract Award - BKF Engineers - Approve to Award Contract to BKF Engineers for the Meridian Storm Drainage Project.
[Staff Person: Brian Dickinson]
(11) ECE Additional Funding - SB 140 - CDE - Approve and Adopt a Resolution Accepting the Early Care and Education Division Additional Funding via SB 140 and CDE, RESOLUTION NO. R-12-24. [Staff Person: Deb Farrar]
(12) Grant - Manufactured Housing Opportunity Revitalization Grant (MORE) - Approve and Adopt a Resolution to accept a grant from the Manufactured Housing Opportunity Revitalization (MORE) fund totaling $1,025,000, RESOLUTION NO. R-11-24.
[Staff Person: Tom Welch]
(13) Notice of Completion - La Cadena Waterline - Approve Notice of Completion for the La Cadena Waterline Relocation Project.
[Staff Person: Brian Dickinson]
(14) Ordinance Repeal - 5.08.040 - Waive Full Reading, Read by Title Only and Pass First Reading of an Ordinance Repealing Section 5.08.040 of the Colton Municipal Code Prohibiting Joint Occupancy of Dwellings, Apartments, Hotels, and Similar Lodging Facilities by Members of the Opposite Sex, ORDINANCE NO. O-03-24.
[Staff Person: Bill Smith]

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

CITY MANAGER'S REPORTS

ADJOURNMENT

6 I, Stephanie Vargas, the Deputy City Clerk, hereby certify that a true and correct, accurate copy of the foregoing agenda was posted , at least seventy-two (72) hours prior to the meeting per Government Code 54954(a), at the following locations:

City of Colton City Hall 650 N. La Cadena Drive
City of Colton Website, www.coltonca.gov <http://www.coltonca.gov>

PROCEDURES FOR ADDRESSING CITY COUNCIL

For the Official Record, it is requested that you obtain a card from the Deputy City Clerk and complete it by noting a specific item number on the Agenda, if applicable, or you can identify the subject that you wish to address under the Public Comment portion of the Agenda. The City Council encourages public input on all City issues within the Rules of Decorum. Speakers will be limited to the time periods provided on the Agenda; provided, however, that the presiding officer shall have certain discretion to extend or limit time as provided for in the City Council Manual of Procedure.

RULES OF DECORUM

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

NOTICE TO PUBLIC

Staff reports or other written doc umentation relating to each item referred to, on the Agenda, are available for public inspection at the following locations: Office of the City Clerk, 650 N. La Cadena Drive, Colton, CA; City of Colton Public Library, 656 9 th St., Colton, CA; or the City o f Colton Internet Website, www.coltonca.gov. Any person having questions concerning any item on the Agenda may call the City Clerk at 370 -5191 to make inquiry concerning the nature of the item described on the Agenda. The City Clerk shall direct inquiries to the appropriate office.

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

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

LEGAL CHALLENGES

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

MANUAL OF PROCEDURE

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

ITEM NO. 1

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NOS. R-15-24, R-16-24, AND R-17-24, APPROVING MODIFICATION TO ZONING
ENTITLEMENTS FOR 1400-1500 AGUA MANSA ROAD,
RESOLUTION NOS. R-15-24 R-16-24 & R-17-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt Resolution No. R -15-24, approving, a Modification of Architectural and Site Plan Review DAP-001-716, Planning Commission Resolution No. R -09-23 (Case Number DAP24 -0007) located at 1400 Agua Mansa Road;

2. Adopt Resolution No. R-16-24, approving, a Modification of Zoning Entitlements related to Architectural and Site Plan Review, Conditional Use Permit and Variance DAP- 001-668, Planning Commission Resolution No. R -03-23 (Case Number DAP24 -0008) located at 1500 Agua Mansa Road; and

3. Adopt Resolution No. R-17-24, approving, a Modification of Tentative Parcel Map No. 20358 DAP-001-668 and DAP -001-716 Planning Commission Resolution No. R -04-23 (Case Number DAP24-0011) located at 1400 and 1500 Agua Mansa Road.

BACKGROUND

On June 20, 2023, the City Council denied an appeal and upheld the Planning Commission decision (File Index DAP -001-668 & 716) approving the construction of two new warehouse/office buildings, totaling 928,466 square feet and associated site improvements.

1.1 Packet Pg. 8
Staff Report to the Mayor and City Council
1400-1500 Agua Mansa Road Modification to Zoning Entitlements March 5, 2024

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Building 1 (DAP-001- 668) contains 474,021 square feet in floor area and Building 2 (DAP-001- 716) contains 456,445 square feet of floor area . The project is located at 1400 and 1500 Agua Mansa Road within the Heavy Industrial (M-2) Zone.

On July 21, 2023, a lawsuit was filed by South Colton Families First and Marlene Salazar-Pongs.

The litigation continues , however, a correction was found to Public Works Engineering Condition of Approval 1.b. for dedication of a 90 -feet wide full street right of way for construction of Agua Mansa Road along the full length of the project frontage. The intent of the condition of approval is for half -street improvements and not full street improvements.

Therefore, a Modification of the Public Works Engineering Condition of Approval 1.b. is necessary within three major resolutions of the project and to be replaced with new modified Public Works Engineering Condition of Approval 1.b. pursuant to Colton’s General Plan EIR and California Environmental Quality Act (CEQA). (Attachment 1, 2, 3). The app licant has consented to the modifications herein.

ANALYSIS

After reviewing the recent Planning Commission approvals as upheld by the City Council in a recent appeal (June 20, 2023) , Colton legal review and staff found three major areas of change that require Modification of Public Works Engineering Condition of Approval 1.b. The specific changes for the Modification of Zoning Entitlements that relate to the Condition for dedication of necessary rights of way, pursuant to the General Plan EIR and CEQA Gu idelines sections 15183 and 15162, pertain to the following approvals:

1. Modification of Architectural and Site Plan Review DAP-001-716, Planning Commission Resolution No. R-09-23 (Case Number DAP24-0007) located at 1400 Agua Mansa Road; and

2. Modification of Architectural and Site Plan Review, Conditional Use Permit and Variance DAP-001-668, Planning Commission Resolution No. R -03-23 (Case Number DAP24-0008) located at 1500 Agua Mansa Road; and

3. Modification of Tentative Parcel Map No. 20358 DAP-001-668 an d DAP -001-716 Planning Commission Resolution No. R -04-23 (Case Number DAP24 -0011) located at 1400 and 1500 Agua Mansa Road.

The existing Condition of Approval 1.b. is included in three different Planning Commission resolutions of the approved project. The existing and modified condition is below:

Existing Condition of Approval

1.1 Packet Pg. 9
Staff Report to the Mayor and City Council
1400-1500 Agua Mansa Road Modification to Zoning Entitlements March 5, 2024

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1.b. Construct missing street improvements along the project frontage (along Agua Mansa Rd.) consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications. This includes dedication of necessary right of way of 90 feet for full -street width and three (3) additional feet for a landscaping easement along the entire south side of the entire project frontage to be maintained by the developer/owner.

The most the City can require the developer to dedicate is sufficient right-of-way to provide for a half-street width along their project frontage, which is 45 feet . The 45 feet is the same as what was developed in front of adjacent logistics project located at 1600 Agua Mansa Road. The road consists of a 45 -feet right -of-way with two lanes and striped turning lanes (half street improvements, curb, gutter, driveways, streetlights, etc .). A five -foot street sidewalk is also provided along the south side of the street that is controlled by the City. The north side of the street is within San Bernardino County.

The proposed Modification of Zoning Entitlements is to amend Public Works Engineering Condition of Approval 1.b. in correcting Public Works Engineering Condition of Approval 1.b. as modified below:

Modification to Condition of Approval

1. b. Construct missing street improvements along the project frontage (along Agua Mansa Rd.) consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications. This includes dedication of necessary right of way of 90 45 feet for full half-street width and three (3) additional feet for a landscaping easement along the entire south side of the entire proje ct frontage to be maintained by the developer/owner.

There are no other conditions of approval requested to be changed . Therefore, the attached City Council Resolutions include the updated Public Works Engineering Modified Condition of Approval to repl ace existing Condition of Approval 1. b. only , and the remaining conditions shall remain in place.

ENVIRONMENTAL DETERMINATION

The City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”) an d found that it is in conformance with the analysis and conclusions of the General Plan EIR . Pursuant to CEQA Guidelines section 15162, staff has determined that the proposed Modification of Public Works Engineering Condition for dedication of necessary rights of way to Architectural and Site Plan Review (DAP-001-668 and DAP-001-716), Modification of Public Works Engineering Condition related to Conditional Use

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Staff Report to the Mayor and City Council
1400-1500 Agua Mansa Road Modification to Zoning Entitlements March 5, 2024

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Permit (DAP -001-668), and Modification of Public Works Engineering Condition related to Tentative Parcel Map No. 20358 (DAP -001-668 & 716) will not result in any new or more severe impacts than those previously identified in the General Plan EIR and disclosed in the Section 15183 Analysis. Furthermore, this modification to Public Works Condition of Approval

1.b does not result in any change to the environmental analysis.

FISCAL IMPACTS

None.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Attachment 1_City Council Reso No. R-15-24_DAP24-0007_3-5-24

2. Attachment 2_City Council Reso No. R-16-24_DAP24-0008_3-5-24

3. Attachment 3_City Council Reso No. R-17-24_DAP24-0011_3-5-24

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RESOLUTION NO. R-15-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

APPROVING A MODIFICATION OF ARCHITECTURAL & SITE PLAN
REVIEW (DAP-001-716) FOR A 456,445 SQUARE FOOT WAREHOUSE BUILDING INCLUDING ANCILLARY OFFICE SPA CE, LOCATED AT 1400 AGUA MANSA ROAD (FILE INDEX NO: DAP24-0007).

WHEREAS, an application (File Index No. DAP24-0007) was filed with the City of Colton by Pamela Steele of MIG Inc , (hereinafter “Applicant”) for a Modification of Architectural & Site Plan Review (DAP-001-716) for a warehouse building located in the M-2 (Heavy Industrial) Zones within the Agua Mansa Historic District; and

WHEREAS, on February 28, 2023, the Planning Commission of the City of Colton held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined and the public hearing was continued to March 14, 2023; and

WHEREAS, on March 14, 2023, the Planning Commission of the City of Colton conducted the continued public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined and continued the meeting to March 28, 2023 at the request of the applicant; and

WHEREAS, the public hearing was continued to April 11, 2023 and subsequently to April 25, 2023; and

WHEREAS, on April 25, 2023 the Planning Commission of the City o f Colton held the continued public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined afterwards the hearing was closed and the item was continued to the May 9, 2023 meeting where it was approved; and

WHEREAS, on March 5, 2024, the City Council of the City of Colton City Council conducted a public hearing on the project application and all persons wishing to testify in connection with the application were here, and the a pplications were comprehensively reviewed; and
WHEREAS, on August 20, 2013 (Resolution No. R-60-13), the City of Colton, as the lead agency under the California Environmental Quality Act (“CEQA”), certified a General Plan Environmental Impact Report (“General Plan EIR”) and approved the General Plan on August 20, 2013; and

WHEREAS, as part of its approval of the General Plan, City adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the General Plan; and

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Attachment: Attachment 1_City Council Reso No. R-15-24_DAP24-0007_3-5-24 (4396 : 1400-1500 Agua Mansa Road Modification to Zoning 1 2
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Colton City Council Resolution No. R-15-24
March 5, 2024 – Page 2 of 6

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WHEREAS, pursuant to CEQA Guidelines section 15183, projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require addi tional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site; and

WHEREAS, developer IDI Logistics is seeking City approvals to allow for the construction and operation of a warehouse/office building at 1400 Agua Mansa Road (“Project”);and

WHEREAS, the City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusions of the General Plan EIR, that there are no new significant off -site or cumulative impacts that were not analyzed in the General Plan EIR, that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF COLTON:

SECTION 1 . RECITALS. The Planning Commission finds that the Section 15183 Analysis has been completed in compliance with CEQA, the CEQA Guidelines, and that the Section 15183 Analysis and supporting materials, taken together, reflect the reflect the Planning Commission’s independent judgment as reviewed and approved on May 9, 2023 and upheld on appeal by the City Council on June 20, 2023 and July 18, 2023.

SECTION 2 . COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As a decision-making body for the Project, the Planning Commission and City Council have reviewed and considered the information contained in the Section 15183 Analysis, comments received, and other documents contained in the administrative record for the Project.

Based on the Commission’s independent review and analysis it finds that the Section 15183 Analysis and administrative record contain a complete and accurate reporting of the environmental impacts associated with the modified project, and that the Section 15183 Analysis has been completed in compliance with CEQA and the State CEQA Guidelines.

SECTION 3 . FINDINGS ON ENVIRONMENTAL IMPACTS . Based on the whole record before it, including the Section 15183 Analysis, the administrative record, and all other written and oral evidence , the Planning Commission finds that all environmental impacts of the Project (DAP-001-716) are either less than significant or can be mitigated to a level of less than significant under the mitigation measures outlined in the Section 15183 Analysis, alternatively, there is no substantial evidenc e in the administrative record supporting a fair argument that the modified project may result in any significant environmental impacts. The Planning Commission and City Council found that the Section 15183 Analysis contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and continues to reflect the independent and analysis of the Planning Commission on May 9, 2023 and by City Council on Appeal held on June 20, 2023.

SECTION 4 . ADOPTION OF THE SECTION 15183 ANALYSIS . The Planning Commission approved and adopted Section 15183 Analysis on May 9, 2023 and upheld on appeal

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Attachment: Attachment 1_City Council Reso No. R-15-24_DAP24-0007_3-5-24 (4396 : 1400-1500 Agua Mansa Road Modification to Zoning 1 2
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Colton City Council Resolution No. R-15-24
March 5, 2024 – Page 3 of 6

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by the City Council on June 20, 2023.

SECTION 5 . ADOPTION OF THE MITIGATION MONITORING AND
REPORTING PROGRAM . In accordance with Public Resources Code section 21081.6, the Planning Commission hereby adopts the MMRP previously adopted for the General Plan EIR as it pertains to the Project. In the event of any inconsistencies between the Mitigation Measures as set forth in the Section 15183 Analysis and the MMRP, the MMRP shall control.

SECTION 6 . LOCATION AND CUSTODIAN OF RECORDS . The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at 659 N La Cadena Drive, Colton, CA 9232 4. The custodian for these records is Development Services Department. . This information is provided in compliance with Public Resources Code section 21081.6.

SECTION 7. NOTICE OF DETERMINATION . The City Council hereby directs staff to prepare, execute, and file a Notice of Determination with the County Clerk’s office and the Office of Planning and Research within five (5) working days of adoption of this Resolution.

SECTION 8. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council makes the following findings in accordance with the Colton Municipal Code for Modification of Architectural & Site Plan Review:

1. The provisions for vehicular parking and for vehicular and Pedestrian circulation on the site, and onto adjacent public Right -of-Way will not create safety hazards ; in that the vehicular parking design and pedestrian circulation of the site onto adjacent right -of- way will not change from original approval. Howeve r, a correction to Public Works Condition of Approval 1.b) is being modified to require half street improvements instead of full street improvements. The change is consistent with similar new industrial projects constructed at 1600 Agua Mansa Road and 1015 S. Rancho Avenue.

2. The bulk, location and height proposed will not be detrimental or injurious to other development in the neighborhood or result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the Project is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage ; in that the height of the structure will not be affected by the Modification of Public Works Engineering Condition of Approval

1.b) which relates to clarification of street width 90 feet wide changed to 45-feet wide.

3. The provisions for on -site landscaping provide adequate protection to neighboring properties from detrimental features of the proposed Project that could be avoided by adequate landscaping ; in that t he Modification of Conditional Use Permit is warranted to reinforce previous project approval requirements of the metal shredding and recycling facility to include perimeter fencing, landscaping, change in hours of operation, developing new reporting protocols, and completion of obtaining building permits, planning approval, inspections and final sign off.

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Attachment: Attachment 1_City Council Reso No. R-15-24_DAP24-0007_3-5-24 (4396 : 1400-1500 Agua Mansa Road Modification to Zoning 1 2
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Colton City Council Resolution No. R-15-24
March 5, 2024 – Page 4 of 6

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4. The provisions for exterior lighting are adequate for human safety and will not diminish the value and/or usability of adjacent property ; in that the exterior lighting will continue to be required to comply with City Code. The proposed Modification of Architectural and Site Plan Review only relates to correcting street dedication of necessary rights of way from 90 - feet to 45-feet.

5. The exterior design of the buildings and structures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed Project i s located and will not cause irreparable damage to property in the neighborhood, to the City and to its citizens; in that proposed Modification of Architectural and Site Plan Review will have no changes to the exterior design of the buildings and structures approved by the Planning Commission on May 9, 2023 and as upheld by the City Council on June 20, 2023. The proposed changer will only amend and correct Public Works Engineering Condition of Approval 1.b.).

6. The proposed Project will not impose an undue burden upon off -site public services, including sewer, water and streets, which conclusion shall be based upon a written report of the City Engineer; and there is provision in the capital works program of the C ity to correct the specific burden within a reasonable period after the Project will be complete; in that the off-site improvements will continue to be met and no undue burden will be created as correction to Public Works Engineering Condition of Approval 1.b.) only relates to correcting street dedication of necessary right of way which will still allow for completion of required services for the project within a 45-foot half street right of way instead of 90-feet wide.

SECTION 9. Based upon the findings set forth in Sections 3, and 8 of this Resolution, the City Council hereby approves Modification of Architectural and Site Plan Review (DAP-001- 716) to allow the construction of a 456,445 square foot , 50 foot high, warehouse/office building and associated site improvements, on property measuring approximately 24 acres in an area located at 1400 Agua Mansa Road in the M-2 (Heavy Industrial) Zone, subject to the attached conditions of approval (DAP24-0007) (Exhibit “A”) . This modification to Public Works Condition of Approval 1.b.) does not result in any changes to the environmental analysis.

SECTION 10. The City Clerk shall certify to the adoption of this Resolution.

SECTION 11. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

_____________________________
FRANK NAVARRO, Mayor

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ATTEST:

______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

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EXHIBIT A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE CONDITIONS OF APPROVAL FOR DAP24-0007:

HOLD HARMLESS

1. The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. The City shall promptly notify the Applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

PLANNING DIVISION

1. This approval is for Modification of Architectural and Site Plan Review (DAP-001-716) for a 456,445 square foot warehouse building including ancillary office space, located at 1400 Agua Mansa Road on property measuring approximately 19.39 acres of land within the M-2 (Heavy Industrial) Zone (New Case Index No. DAP24-0007).

2. All previous approved resolutions with findings, environmental determinations, & conditions of approval along with approved development plans (as amended) shall continue to be met and in force including R -09-23 (DAP-001-716) and related to architectural plans associated with approved zoning entitlements shall continue to be in force, except as modified herein.

PUBLIC WORKS ENGINEERING

1. Public Works Engineering Condition of Approval 1.b.) of Planning Commission Resolution No. R-09-23 is hereby replaced and amended to read as follows:

Construct missing street improvements along the project frontage (along Agua Mansa Rd.) consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications. This includes dedication of necessary right of way of 45 -feet for half -street width and three (3) additional feet for a landscaping easement along the entire south side of the entire project frontage to be maintained by the developer.

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RESOLUTION NO. R-16-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON
APPROVING A MODIFICATION OF ZONING ENTITLMENTS (DAP-001-668) INCLUDING AN ARCHITECTURAL & SITE PLAN REVIEW FOR A 474,021

SQUARE FOOT WAREHOUSE BUILDING INCLUDING ANCILLARY OFFICE

SPACE, CONDITIONAL USE PERMIT TO ALLOW A BUILDING HEIGHT OF 130 FEET, AND VARIANCE TO ALLOW 114 PASSENGER PARKING SPACES INSTEAD OF 314 PASSENGER PARKING SPACES FOR PARCEL 1 BUILDING 1, (LOCATED AT 1500 AGUA MANSA ROAD) (FILE INDEX NO: DAP24-0008).

WHEREAS, an application (File Index No. DAP24-0008) was filed with the City of Colton by City of Colton with the consent of Pamela Steele of MIG Inc , (hereinafter “Applicant”) for Modifications of Zoning Entitlements (DAP -001-668) including an Architectural & Site Plan Review for a warehouse building, Conditional Use Permit to allow a warehouse building of 130 feet in height, and Variance to allow 114 passenger parking spaces instead of 314 passenger parking spaces , located in the M-2 (Heavy Industrial) Zones within the Agua Mansa Historic District; and

WHEREAS, on February 28, 2023, the Planning Commission of the City of Colton held a duly noticed public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined, and the public hearing was continued to March 14, 2023; and

WHEREAS, on March 7, 2023, in the form of a letter, the applicant requested to continue the Planning Commission meeting from March 14 2023 to March 28, 2023; and

WHEREAS, on March 14, 2023, the Planning Commission of the City of Colton conducted the continued public hearing at which time all persons wishing to testify in connection with the application were heard, the application was fully examined and continued the meeting to March 28, 2023 at the request of the applicant; and

WHEREAS, the public hearing was continued to April 11, 2023 and subsequently to April 25, 2023; and

WHEREAS, on April 25, 2023 the Planning Commission of the City of Colton held the continued public hearing at which time all persons wishing to testify in connection with the application were heard and the application was fully examined, afterwards the hearing was closed, and the item was continued to the May 9, 2023 meeting where it was approved; and

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and
WHEREAS, on August 20, 2013 (Resolution No. R-60-13), the City of Colton, as the lead agency under the California Environmental Quality Act (“CEQA”), certified a General Plan Environmental Impact Report (“General Plan EIR”) and approved the General Plan on August 20, 2013; and

WHEREAS, as part of its approval of the General Plan, City adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the General Plan; and

WHEREAS, pursuant to CEQA Guidelines section 15183, projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site; and

WHEREAS, Lineage Logistics is seeking City approvals to allow for the construction and operation of a new warehouse/office building at 1500 Agua Mansa Road (“Project”); and

WHEREAS, the City has conducted an analysis of the Project, consistent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusion s of the General Plan EIR, that there are no new significant off -site or cumulative impacts that were not analyzed in the General Plan EIR, that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON:

SECTION 1. The City Council finds that the Section 15183 Analysis has been completed in compliance with CEQA, the CEQA Guidelines, and that the Section 15183 Analysis and supporting materials, taken together, reflect the Planning Commission’s independent judgment as reviewed and approved on May 9, 2023 and upheld on appeal by the City Council on June 20, 2023 and July 18, 2023.

SECTION 2 . COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. As a decision-making body for the Project, the Planning Commission and City Council has reviewed and considered the information contained in the Section 15183 Analysis, comments received, and other documents contained in the adm inistrative record for the Project.

Based on the Commission’s independent review and analysis it finds that the Section 15183 Analysis and administrative record contain a complete and accurate reporting of the environmental impacts associated with the modi fied project, and that the Section 15183 Analysis has been completed in compliance with CEQA and the State CEQA Guidelines.

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significant under the mitigation measures outlined in the Section 15183 Analysis, alternatively, there is no substantial evidence in the administrative record supporting a fair argument that the modified project may result in any significant environmental impacts. The Planning Commission finds that the Section 15183 Analysis contains a complete, objective, and accurate reporting of the environmental impacts associated with the Project and reflects the independent and analysis of the Planning Commission. on May 9, 2023 and by City Council on Appeal held on June 20, 2023.

SECTION 4 . ADOPTION OF THE SECTION 15183 ANALYSIS . The Planning Commission approved and adopted Section 15183 Analysis on May 9, 2023 and upheld on appeal by the City Council on June 20, 2023 and July 18, 2023.

SECTION 6 . LOCATION AND CUSTODIAN OF RECORDS . The documents and materials that constitute the record of proceedings on whic h this Resolution has been based are located at 659 N La Cadena Drive, Colton, CA 92324. The custodian for these records is Development Services Department. . This information is provided in compliance with Public Resources Code section 21081.6.

1. The provisions for vehicular parking and for vehicular and Pedestrian circulation on the site, and onto adjacent public Right -of-Way will not create safety hazards ; in that The vehicular parking design and pedestrian circulation of the site onto adjacent right-of-way will not change from original approval. However, a correction to Public Works Condition of Approval 1.b) is being modified to require half street improvements instead of full street improvements. The change is consistent with similar new industrial projects constructed at 1600 Agua Mansa Road and 1015 S. Rancho Avenue.

2. The bulk, location and height proposed will not be detrimental or injurious to other development in the neighborhood or result in the loss of or damage to unique natural or topographic features of the site that are important to the environmental quality of life for the citizens of Colton, and the Project is feasible in a manner that will avoid such detrimental or injurious results or such loss or damage; in that the height of the structure will not be affected by the Modification of Public Works Engineering Condition of Approval

1.b) which relates to clarification of street width 90 feet wide changed to 45-feet wide.

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3. The provisions for on -site landscaping provide adequate protection to neighboring properties from detrimental features of the proposed Project that could be avoided by adequate landscaping ; in that the landscaping and additional landscaping provided within the project and along the street frontage will not change as the Modification to Public Works Engineering Condition of Approval 1.b.) only relates to correcting Public Works Engineering Condition of Approval 1.b.) related to dedication of necessary right of way from 90-feet wide full street width improvements to 45-feet half street improvements.

5. The exterior design of the buildings and st ructures will not be injurious or detrimental to the environmental or historic features of the immediate neighborhood in which the proposed Project is located and will not cause irreparable damage to property in the neighborhood, to the City and to its cit izens; in that The proposed Modification of Architectural and Site Plan Review will not impact the exterior design of the buildings or structures as the change only corrects street dedication of necessary right of way from 90-feet to 45-feet.

6. The proposed Project will not impose an undue burden upon off -site public services, including sewer, water and streets, which conclusion shall be based upon a written report of the City Engineer; and there is provision in the capital works program of the City to correct the specific burden within a reasonable period after the Project will be completed; in that the off-site improvements will continue to be met and no undue burden will be created as correction to Public Works Engineering Condition of Approval 1.b.) only relates to correcting street dedication of necessary right of way which will still allow for completion of required services for the project within a 45-foot half street right of way instead of 90-feet wide.

SECTION 9. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the Planning Commission makes the following findings in accordance with the Colton Municipal Code for Modification of Conditional Use Permit (DAP24-0008) to allow the warehouse building to exceed the established maximum 50 - foot height limit for a total height of 130 feet related to DAP -001-668 as amended by the City Council:

1. That the proposed us is in accord with the General Plan, the objectives of Title 18 (Zoning) and the purposes of the zone in which the site is located ; in that on July 18, 2023, the City Council approved an appeal of the building height from 95 feet to 130 feet (City Council Resolution No. R-73-23). However, the proposed Modification of Public Works Engineering Condition of Approval 1.b.) related to dedication of necessary street right of way will have no impact on the Conditional Use Permit related to the building height but does correct Public

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Works Engineering Condition of Approval 1.b.) requiring specific street improvements with a 45-foot half street width instead of a 90-foot full street improvement.

2. That the proposed use, together with the conditions applicable thereto will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity; in that the proposed Modification of Conditional Use Permit will correct Public Works Engineering Condition of Approval to allow the dedication of street right of way necessary for the project development along Agua Mansa Road from 90-feet to 45-feet of street right of way similar to other recently approved industrial projects in the area.

3. That the proposed use complies with each of the applicable provisions of this title ; in that the proposed cold storage / warehouse logistics project will continue to be required to comply with all applicable provisions of the City Code. The Modification of Public Works Engineering Condition of Approval 1.b.) is a correction of street dedication of street right of way necessary for the project.

SECTION 10. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council makes the following findings in accordance with the Colton Municipal Code for Variance to allow 114 passenger vehicle parking spaces instead of 314 spaces for the proposed warehouse:

1. There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the he intended use of the property, which do not apply general ly to other property in the same zoning district and neighborhood in which the property is located; in that special circumstances relating to this warehouse facility warrant the granting of the parking variance as this facility is not open to the public an d although large in square footage, its operation requires only two shifts per day, each with no more than a staff of 50- 60 employees per shift remain the same as approved by the Planning Commission on May 9, 2023 and as upheld by the City Council on denial of Appeal on June 20, 2023. The findings remain the same as part of th e originally approved resolution. The modification is only to correct Public Works Engineering Condition of Approval 1.b.) related to street dedication of street right of way necessary for the project.

2. That such Variance is necessary for the preservation and enjoyment of a substantial property right of the applicant ; in that the subject site is in the M -2, Heavy Industrial zone where the development of a distribution warehouse facility is permitted. The findings remain the same as part of the originally approved resolution. The modification is only to correct Public Works Engineering Condition of Approval 1.b.) related to street dedication of street right of way necessary for the project.

3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to property and improvements in the zoning district and neighborhood in which the property is located; in that the proposed Modification of the Zoning Entitlement will not impact the justification of the Variance Findings as it is only to correct a Public Works Engineering Condition of Approval 1.b) related to a street dedication necessary for the project.

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4. That the granting of such variance will not be contrary to the objectives of the General Plan; in that the subject site is located within an area designated as M-2, Heavy Industrial in the General Plan. The Land Use Element Economic Development and Land Use Element Industrial Districts Goal and Policy LU-11.5 remain the same as approved by the Planning Commission on May 9, 2023 and as upheld by the City Council on denial of Appeal on June 20, 2023. The proposed Modification of the Zoning Entitlement will not impact the justification of the Variance Findings as it is only to correct Public Works Engineering Condition of Approval 1.b.) for a street dedication necessary for the project.

SECTION 11. Based upon the findings set forth in Sections 3, 8, 9, 10 and 11 of this Resolution, the City Council hereby approves Modification of Zoning Entitlements (DAP-001- 668) including Architectural and Site Plan Review to allow the construction of a 474,021 square foot warehouse/office building and associated site improvements, Conditional Use Per mit to allow said warehouse/office building to exceed the 50 foot height limit for a total height of 130 feet, and Variance to allow 114 passenger vehicle parking spaces instead of 314 spaces on property measuring approximately 35 acres in an area located at 1500 Agua Mansa Road in the M-2 (Heavy Industrial) Zone, subject to the attached conditions of approval (DAP24-0008) (Exhibit “A”). This modification to Public Works Condition of Approval 1.b) does not result in any change to the environmental analysis.

SECTION 11. The City Clerk shall certify to the adoption of this Resolution.

SECTION 12. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

_____________________________
FRANK NAVARRO, Mayor

ATTEST:

______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

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EXHIBIT A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE CONDITIONS OF APPROVAL FOR DAP23-0008:

HOLD HARMLESS

1. The Applicant shall defend, indemnify, and hold harmless the City of Colton and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Colton, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Colton concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or development services director. The Cit y shall promptly notify the Applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter.

PLANNING DIVISION

1. This approval is for Modification of Zoning Entitlement ( DAP-001-668) related to Architectural and Site Plan Review for a 474,021 square foot warehouse building including ancillary office space, Conditional Use Permit to allow a building heig ht of 130 feet, and Variance to allow 114 passenger parking spaces instead of 314 passenger parking spaces for Parcel 1 Building 1 on property measuring approximately 19.39 acres of land within the M -2 (Heavy Industrial) Zone (New Case Index No. DAP24-0008).

2. All previous approved resolutions with findings, environmental determinations, & conditions of approval along with approved development plans (as amended) shall continue to be met and in force including R -03-23 (DAP-001-668) and related to architectural plans associated with approved zoning entitlements shall continue to be in force, except as modified herein.

PUBLIC WORKS ENGINEERING

1. Public Works Engineering Condition of Approval 1.b.) of Planning Commission Resolution No. R-03-23 is hereby replaced and amended to read as follows:

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RESOLUTION NO. R-17-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON

MODIFYING PLANNING COMMISSION APPROVAL OF TENTATIVE
PARCEL MAP NO. 20358 (DAP-001-668 & 716 ) TO CONSOLIDATE 1 1 PARCELS INTO 2 PARCE LS FOR PROPERTY LOCATED AT 1400 AND 1500 AGUA MANSA ROAD; (FILE INDEX NO: DAP24-0011).

WHEREAS, an application (File Index No. DAP24-0011) was filed with the City of Colton as consented by Pamela Steele of MIG Inc , (hereinafter “ Applicant”) for Modification of Tentative Parcel Map No. 20358 (DAP-001-668 and 716) to consolidate 11 parcels into 2 parcels located in the M-2 (Heavy Industrial) Zones within the Agua Mansa Historic District; and

WHEREAS, on February 28, 2023, the Planning Commission of the City of Colton held a duly noticed meeting at which time all persons wishing to testify in connection with the application were heard, the Application was fully examined ; and the public hearing was continued to March 14, 2023; and

WHEREAS, on March 7, 2023, in the form of a letter, the applicant requested to continue the Planning Commission meeting from March 14 2023 to March 28, 2023; and

WHEREAS, on March 14, 2023, the Planning Commission of the City of Colton conducted the continued public hearing at which time all persons wishing to testify in connection with the application were heard, the application was fully examined and continued the meeting to March 28, 2023 at the request of the applicant; and

WHEREAS, the public hearing was continued to April 11, 2023 and subsequently to April 25, 2023; and

WHEREAS, on April 1 5, 2023 the Planning Commission of the City of Colton held the continued public hearing at which time all persons wishing to testify in connecti on with the application were heard and the application was fully examined afterwards the hearing was closed and the item was continued to the May 9, 2023 meeting where it was approved; and

WHEREAS, on August 20, 2013 (Resolution No. R-60-13), the City of Colton, as the lead agency under the California Environmental Quality Act (“CEQA”), certified a General Plan Environmental Impact Report (“General Plan EIR”) and approved the General Plan on August 20, 2013; and

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WHEREAS, as part of its approval of the General Plan, City adopted Findings of Fact, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the General Plan; and

WHEREAS, pursuant to CEQA Guidelines section 15183, projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site; and

WHEREAS, Lineage Logistics is seeking City approval to allow for the construction of a new warehouse/office building at 1500 Agua Mansa Road and developer IDI Logistics is seeking City approval to allow for the construction and operation of a new warehouse/office buildings at 1400 Agua Mansa Road (“Project”);and

WHEREAS, the City has conducted an analysis of the Project, consis tent with CEQA Guidelines section 15183 (“Section 15183 Analysis”), and found that it is in conformance with the analysis and conclusions of the General Plan EIR, that there are no new significant off -site or cumulative impacts that were not analyzed in th e General Plan EIR, that there are no adverse impacts that are more severe than those previously identified in the General Plan EIR.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLTON:

SECTION 1 . RECITALS. The Planning Commission and City Council found that the Section 15183 Analysis has been completed in compliance with CEQA, the CEQA Guidelines, and that the Section 15183 Analysis and supporting materials, taken together, reflect the Planning Commission’s independent judgment as reviewed and approved on May 9, 2023 and upheld on appeal by the City Council on June 20, 2023 and July 18, 2023.

SECTION 3 . FINDINGS ON ENVIRONMENTAL IMPACTS . Based on the whole record before it, including the Section 15183 Analysis, the administrative record, and all other written and oral evidence , the Planning Commission finds that a ll environmental impacts of the Project (DAP-001-668- and 716) are either less than significant or can be mitigated to a level of less than significant under the mitigation measures outlined in the Section 15183 Analysis, alternatively, there is no substan tial evidence in the administrative record supporting a fair argument that the modified project may result in any significant environmental impacts. The Planning Commission finds that the Section 15183 Analysis contains a complete, objective, and

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accurate reporting of the environmental impacts associated with the Project and continues to reflect the independent and analysis of the Planning Commission on May 9, 2023 and by City Council on Appeal held on June 20, 2023.

SECTION 4 . ADOPTION OF THE SECTION 1518 3 ANALYSIS . The Planning Commission approved and adopted Section 15183 Analysis on May 9, 2023 and upheld on appeal by the City Council on June 20, 2023.

SECTION 5 . ADOPTION OF THE MITIGATION MONITORING AND
REPORTING PROGRAM . In accordance with Public Reso urces Code section 21081.6, the Planning Commission hereby adopts the MMRP previously adopted for the General Plan EIR as it pertains to the Project. In the event of any inconsistencies between the Mitigation Measures as set forth in the Section 15183 Analysis and the MMRP, the MMRP shall control.

SECTION 6 . LOCATION AND CUSTODIAN OF RECORDS . The documents and materials that constitute the record of proceedings on which this Resolution has been based are located at 659 N La Cadena Drive, Colton, CA 92324. The custodian for these records is Development Services Department. This information is provided in compliance with Public Resources Code section 21081.6.

SECTION 8. Based on the entire record before the City Council and all written and oral evidence presented, including the staff report, the City Council makes the following findings in accordance with the Colton Municipal Code Chapter 16.16 of Title 16 (Division of Land) for Modification of Tentative Parcel Map No. 0358 (DAP-001-668 Building 1, Parcel 1 and DAP- 001-716 Building 2, Parcel 2):

1. The proposed map is constant with applicable general and specific plans ; in that The proposed map will continue to consolidate 11 parcels into two parcels to accommodate the development of the two warehouse buildings and associated truck storage and vehicle parking.

The proposed parcels exceed the minimum establish lot area, width and depth standards and the site is d esignated as Heavy Industrial which allows for warehouse facilities. Therefore, the proposed map is consistent with the General Plan. There are no specific plans applicable to the area. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

2. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans ; in that the General Plan does not contain specific standards,

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however, the proposed parcels along with the associated improvements (buildings, walls, landscaping, parking, drive ways and related off -site improvements) are consistent with the general plan. The subdivision will facilitate the development of two warehouse buildings which are allowed as the site is designated Heavy Industrial in the General Plan. Furthermore, the off-site improvements, including the widening of Agua Mansa Road are consistent with the General Plan as the roadway system will be improved and widened to 9 0 feet for full - street width and three (3) additional feet for landscaping easement consistent with t he goals of the Mobility Element of the General Plan. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

3. The site is physically suitable for the type of development ; in that the site can easily accommodate the two buildings and associated parking, landscaping and interna l circulation system as the smallest proposed parcel is 24 acres in area and the lagger proposed parcel is 35 acres in area. The minimum lot area is 15,000 square feet. The site can accommodate the project and the resulting floor area ratio (FAR) will be under 0.5 the maximum anticipated for the area. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

4. The site is suitable for the proposed density of development ; in that a s stated in finding #3 above, the floor area ratio (FAR) for Parcel 1 is 0.31 and for Parcel 2 the FAR is 0.44. The maximum allowed FAR is 0.5. The site is large enough to accommodate the buildings and the related parking, landscaping and internal circula tion system. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

5. The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; in that the design of the subdivision and the proposed improvements have been thoroughly evaluated in compliance with the California Environmental Quality Act (CEQA) to determine if the project (including the subdivision and the proposed improvements) could cause substantial environmental damage or substantially injure fish or wildlife or their habitat.

The results of the environmental evaluation (Section 15138 Analysis ) show that the overall project is not likely to cause substantial environmental damage or substantially injur e fish or wildlife or their habitat. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication n ecessary for the project and final adopted map will reflect as such.

6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems ; in that t he design of the subdivision and the type of improvements is not likely to cause serious public health problems as the project will meet the standards and

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requirement of the Zoning Code and other related regulations designed for the purpose of ensuring that developments not cause serious public health problems. Conditions of approval require measures that ensure the project will not cause serious public health problems. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

7. The design of the subdivision or the type of improveme nts will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the Advisory Agency may approve a map if it finds that alternate easements for access or for u se will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no auth ority is hereby granted to the Advisory Agency or legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision ; in that t he proposed map identifies easements for various utilities ensuring that such easements will be recorded and maintained. Easements for Southern California Edison (SCE), as well as for storm drains, reciprocal access, water, sewer, pipelines, telecommunications, and County flood control would be located primarily along the east and southeast boundaries of the project site and along the southern boundary. The map has been evaluated and the City Engineer has not identified any conflicts related to easements. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

8. The discharge o f wastes from the proposed subdivision into an existing community sewer system would not result in violation of existing requirements prescribed by a California Regional Water Quality Control Board, pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the Advisory Agency finds that the proposed waste discharge would result in or add to violation of requirements of such Board, it may disapprove the map of the subdivision ; in that The discharge of waste into an existing sewer system from future development proposed in the Tentative Parcel Map No. 20358 will not cause a violation of existing requirements prescribed by the local water quality control board because the City's Engineering and Water Utilities Divisions of Publ ic Works have reviewed and conditionally approved the proposal to address waste & wastewater requirements, drainage, grading, storm water, NPDES construction activity, Improvement Plans and Final Map submission requirements ensuring that discharge of waste is designed correctly so it does not impact existing water sources. The proposed modification to Tentative Tract Map No. 20358 will not be affected negatively as the modification is only a correction of Public Works Engineering Condition of Approval 1.b.) related to street dedication necessary for the project and final adopted map will reflect as such.

SECTION 9. Based upon the findings set forth in Sections 3 and 8 of this Resolution, the Planning Commission hereby approves Modification of Tentative Parcel Map No. 20358 to allow the consolidation of 11 parcels into two parcels measuring 35 net acres for Parcel 1 (Building 1 DAP-001-668) and 24 net acres for Parcel 2 (Building 2 DAP -001-716) on property measuring

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approximately 59 net acres in an area located in the M -2 (Heavy Industrial) Zone , subject to the attached conditions of approval (Exhibit “A”) . This modification to Public Works Condition of Approval 1.b) does not result in any change to the environmental analysis.

SECTION 10. The City Clerk shall certify to the adoption of this Resolution.

SECTION 11. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED AND ADOPTED this __day of ___, 2024.

_____________________________
FRANK NAVARRO, Mayor

ATTEST:

______________________________
STEPHANIE M. VARGAS
Deputy City Clerk

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EXHIBIT A”

CONDITIONS OF APPROVAL

THE APPLICANT SHALL COMPLY WITH ALL CONDITIONS AS SET FORTH IN THE CONDITIONS OF APPROVAL FOR DAP24-0011:

HOLD HARMLESS

PLANNING DIVISION

1. This approval is for Modification of Tentative Parcel Map No. 0358 (DAP-001-668 Building 1, Parcel 1 and DAP-001-716 Building 2 , Parcel 2) for a 456,445 square foot warehouse building including ancillary office space, located at 1400 Agua Mansa Road on property measuring approximately 19.39 acres of land within the M -2 (Heavy Industrial) Zone (New Case Index No. DAP24-0011).

2. All previous approved resolutions with findings, environmental determinations, & conditions of approval along with approved development plans (as amended) shall continue to be met and in force including R-04-23 (DAP-001-668 and 716) and related to architectural plans associated with approved zoning entitlements shall continue to be in force, except as modified herein.

PUBLIC WORKS ENGINEERING

1. Public Works Engineering Condition of Approval 1.b.) of Planning Commission Resolution No. R-04-23 is hereby replaced and amended to read as follows:

Construct missing street improvements along the project frontage (along Agua Mansa Rd.) consisting of curb, gutter, sidewalk, A.C. pavement, driveway approaches, handicap access ramps, streetlights, street signs, and roadway striping, etc., as per the approved Street Improvement Plans and City of Colton Standard Specifications . This includes dedication of necessary right of way of 45 -feet for half -street width and three (3) additional feet for a landscaping easement along the entire south side of the entire project frontage to be maintained by the developer.

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ITEM NO. 2

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE AND ADOPT RESOLUTIONS FOR FY2023-24 MID-YEAR BUDGET REVIEW, RESOLUTION NO. R-21-24, CUA-01-24, AND
CHA-01-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Adopt Resolution No. R-21-24 authorizing the amendment of the Fiscal Year 2023-24 Budget to include certain necessary adjustments as detailed in this report.

2. It is recommended that the Colton Utility Authority Board adopt Resolution No. CUA- 01-24 authorizing the amendment of the Fiscal Year 2023-24 Budget to include certain necessary adjustments as detailed in this report.

3. It is recommended that the Housing Authority Board adopt Resolution No. CHA-01-24 authorizing the amendment of the Fiscal Year 2023-24 Budget to include certain necessary adjustments as detailed in this report.

BACKGROUND

The City Council adopted the City of Colton Fiscal Year 2023-24 Budget at its June 6, 2023 City Council meeting after a series of public workshops. The originally adopted General Fund budget included estimated revenues of $63,112,027 and proposed expenditures totaling $62,636,028.

Factoring in prior year Purchase Order rolls and authorized prior year budget carryovers, as well as any additional revenue projections and appropriations authorized by the City Council during the course of the current fiscal year, the current General Fund revenu e budget is $ 64,626,654 while the expenditure budget totals $66,485,535.

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It is considered best practice to review the budget on an ongoing basis to ensure the fiscal integrity of all City operations. The purpose of this report is to provide a summary o f the information that will assist the City Council in the decision-making process. This report includes projections to close the fiscal year for each City fund, and all recommended changes to the budget, including previously approved Council actions thro ugh the date of this report, as illustrated in the attached Actual and Projected Fund Balances Worksheet.

ISSUES/ANALYSIS

Staff began the mid -year process by first examining the prior fiscal year’s outcomes, then proceeding to evaluate revenue and expend iture performance in the first six months of the current fiscal year, and finally, staff made certain assumptions about performance for the final six months of the fiscal year. Based on this analysis, staff has conservatively estimated ending balances for Fiscal Year 2023-24.

GENERAL FUND
As of December 31, 2023, with 50% of the fiscal year complete, General Fund revenues are

38.0% received while expenditures are 43.4% spent (including encumbrances 50.6% spent).

Certain major General Fund revenues, such as property taxes, are primarily collected in the second, third, and fourth quarters of the fiscal year and, thus, at mid -year, will generally show less than 50% collected. Property tax in -lieu of VLF, which represents approximately 13% of estimated revenue, is collected in the third and fourth quarters and thus has a significant lowering effect on the percentage received in the first half of the fiscal year. In addition, sales tax receipts through December reflect only four months of collection due to t he required accrual method of accounting.

REVENUES
Overall, based on current estimates, revenues are projected to increase through the end of FY2023-24 by $1,062,513 over current budgeted revenues, which represents an increase of 1.7% over the current bud get and 2.4% over the original budget projections, as illustrated in the table below.

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$ %
PROPERTY TAXES 7,805,000 7,805,000 8,165,000 360,000 4.6% VLF - PROPERTY TAXES 7,585,588 7,585,588 7,585,588 - 0.0% SALES TAXES 12,597,941 12,597,941 11,854,129 (743,812) -5.9% TRANSACTIONS & USE TAX 9,500,000 9,500,000 9,941,000 441,000 4.6% FRANCHISE TAXES 2,138,391 2,138,391 2,138,391 - 0.0% OTHER TAXES 2,362,140 2,362,140 1,832,140 (530,000) -22.4% LICENSES & PERMITS 2,392,563 2,392,563 3,135,963 743,400 31.1% INTERGOVERNMENTAL 1,418,081 1,653,174 1,686,274 33,100 2.0% CHARGES FOR SERVICES 3,166,780 3,166,780 3,611,080 444,300 14.0% USE OF MONEY AND PROPERTY 1,240,000 1,240,000 1,640,000 400,000 32.3% FINES AND FORFEITURES 581,000 581,000 459,025 (121,975) -21.0% GENERAL FUND TRANSFER 10,500,000 10,500,000 10,500,000 - 0.0% OTHER FINANCING SOURCES 1,824,543 2,041,564 2,078,064 36,500 1.8% TOTAL RE VE NUE 63,112,027 63,564,141 64,626,654 1,062,513 1.7% VARIANCE +/(-)

E STIMATE D GE NE RAL FUND RE VE NUE S
FY 2023-24 MID-YEAR

ORIGINAL

BUDGE T

CURRE NT

BUDGE T

E STIMATE D

TO CLOSE

The revenue increase is attributed to projected growth in many revenue categories but predominately in the transaction and use tax, licenses & permits, use of money and property, and charges for services categories. The City of Colton’s Q3 2023 sales tax reports show signs of a slow down. Several major industry groups have seen year -over-year declines of approximately

10.8%. This decline in anticipated revenue from the Bradley Burns 1% sales tax was offset by an expected increase in the local district transactions and use tax associated with Measure S. The City budgeted conservatively in the first full year of implementation since there are application differences between the local district tax and the Bradley Burns sales tax. Additionally, the mid- year budget anticipates lower than estimated Transient Occupancy Tax (TOT) due to a delinquency. While the City’s legal team and Finance staff are working with the hotel ier to resolve the issue, reliance on revenue not received is not best practice. The City’s General Fund revenues are also seeing upward trends in charges for services from development projects, property tax from residential and commercial property sales and new assessments coming online, and increases in interest income.

General Fund Transfer
With the adoption of the FY202 3-24 budget, the total GFT amount approved by City Council in accordance with Measure V was $10,500,000. Pursuant t o the Flow of Funds Ordinance, the GFT is calculated using the prior years’ audited actual gross revenues less any restricted revenue, which was finalized with the presentation of the Annual Comprehensive Financial Report for the year ending June 30, 2023. Therefore, the recommended GFT represents a 15.2% transfer.

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27, 2024, to consider its mid-year recommendations to the City Council. The Committee lacked a quorum to formally conduct the meeting. However, staff presented the info rmation in the report to the members present and encouraged the members to attend the March 5, 2024, City Council meeting to make their personal recommendations.

EXPENDITURES
With respect to expenditures, most costs are relatively straight -line in nat ure, i.e., there is a proportionate share spent each month. However, there are some operating costs, as well as capital expenditures, that do not follow this pattern. Because of these timing issues, year -to-date expenditure percentages by Department may vary, while the overall budget to actual percentage is right in line with expectations. Overall, General Fund expenditures are estimated to decrease by a net amount of $ 143,432 to close the fiscal year over the current adopted budget. After including the requested mid-year amendments and netting certain one-time items, the FY2023-24 projected General Fund expenditure estimate to close is illustrated as follows.

General Fund expenditures are projected to decrease by a net of $ 143,432. The increase fac tors in the following:

 A ($537,506) net salary savings for vacant positions.  A $ 142,370 increase in principal and interest expenses for the final lease payment for ME214
 A $ 45,000 increase in engineering plan check services consistent with year -to-date actuals (revenue offset)
 A $35,000 increase to update the Local Hazard Mitigation Plan (LHMP). The FY2023 - 24 budget included $50,000 to update the LHMP, but FEMA’s guidance on LHMPs changed after the FY2023 -24 budget development cycle. The most notable upda ted requirements include requiring evaluation of climate impacts in multiple areas, a focus on equity for disadvantaged populations, and stakeholder involvement. The minimum cost to update our LHMP is forecasted to exceed the budgeted amount and Fire is re questing an additional $35,000 to complete this project.
 A $ 35,000 increase to accommodate the change to the street sweeping schedule to address challenges with parking restrictions for street sweeping on both sides of the street.
 A $25,000 increase building inspection contract services for business continuity (revenue offset)
 Additional requests include: Increase in vehicle operating expense for Fire Department tire replacement and fuel , $1 3,000; replacement of 2 turnout extractors for cancer prevention, $16,500; Bullet-resistant glass for the Public Works counter , $ 13,300; Increased expenses for the Colton Birthday Celebration due to lower than expected donations, $ 14,400; Increased software expense for customer reports in the Central Square permitting software, $8,000; and other nominal increases/decreases to various line items representing a net increase of $11,504 across all departments.

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The revenue and expenditure adjustments recommended herein are projected to result in the following fund balance outcome for the General Fund:

Total Spendable General Fund Balance as of June 30, 2023 $ 45,156,186 Pension Reserve Balance, June 30, 2023 23,014,745 OPEB Reserve Balance, June 30, 2023 9,968,525
Total Available General Fund Balance, June 30, 2023 $ 12,172,916

Projected Revenues for FY 2023-24 64,626,654 Projected Expenditures for FY 2023-24 66,485,535 FY 2023-24 Surplus/(Deficit) (1,858,881) Estimated Fund Balance on June 30, 2024 $ 43,297,305 Available Spendable Fund Balance June 30, 2024 10,314,035 Pension Reserve Balance, June 30, 2024 23,014,745 OPEB Reserve Balance, June 30, 2024 9,968,525

These amendments result in a General Fun d structural deficit of ($ 1,858,881), balanced with the use of reserves. The total spendable General Fund reserve balance at June 30, 202 4 is projected to be $43,297,305, of which $23,014,745 is committed for pension obligations and $9,968,525 is committed for OPEB obligations. The total available General Fund Reserve Balance at June 30, 2024 is estimated to be $ 10,314,035, or approximately 15. 5% of proposed General Fund expenditures, meeting the City’s 15% reserve requirement.

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ORIGINAL CURRE NT E STIMATE D
BUDGE T BUDGE T TO CLOSE $ %
CITY COUNCIL 205,606 205,606 202,529 (3,077) -1% CITY CLERK 430,424 499,087 489,207 (9,880) -2% CITY MANAGER 750,279 750,279 722,080 (28,199) -4% PUBLIC INFORMATION OFFICE 29,550 29,550 29,550 - 0% ECONOMIC DEVELOPMENT 601,180 601,180 595,784 (5,396) -1% TOTAL CITY MANAGER 1,381,009 1,381,009 1,347,414 (33,595) -2% NON DEPARTMENTAL (9,194,480) (9,158,852) (9,158,852) - 0% HUMAN RESOURCES 2,944,575 3,221,792 3,221,792 - 0% CITY ATTORNEY 810,000 810,000 810,000 - 0% CITY TREASURER 70,190 70,190 72,632 2,442 3%

FINANCE DEPARTMENT
ADMINISTRATION 2,000,708 2,100,708 1,988,985 (111,723) -5% CUSTOMER SERVICE 1,965,049 1,968,654 1,891,710 (76,944) -4% PURCHASING 393,558 393,558 395,122 1,564 0% TOTAL FINANCE DEPARTMENT 4,359,315 4,462,920 4,275,817 (187,103) -4%

POLICE DEPARTMENT
POLICE ADMINISTRATION 16,044,614 16,921,826 16,946,198 24,372 0% PATROL 9,362,466 9,212,466 9,175,101 (37,365) 0% DETECTIVES 1,863,057 1,863,057 2,018,855 155,798 8% CODE ENFORCEMENT 1,148,586 1,154,984 995,984 (159,000) -14% TOTAL POLICE DEPARTMENT 28,418,723 29,152,333 29,136,138 (16,195) 0%

FIRE DEPARTMENT
OPERATIONS 17,308,263 17,733,119 17,276,586 (456,533) -3% SAFETY 581,553 580,553 594,210 13,657 2% WEED ABATEMENT PROGRAM 50,700 50,700 50,700 - 0% DISASTER PREPAREDNESS 341,025 349,625 654,306 304,681 87% TRAINING TEAM 5,000 6,906 6,906 - 0% TOTAL FIRE DEPARTMENT 18,286,541 18,720,902 18,582,707 (138,195) -1%

PUBLIC WORKS
ADMINISTRATION & ENGINEERING 2,446,137 2,478,216 2,542,641 64,425 3% STREETS MAINTENANCE 1,210,908 1,412,953 1,422,010 9,057 1% PARKS MAINTENANCE 1,222,578 1,340,926 1,304,787 (36,139) -3% TOTAL PUBLIC WORKS 4,879,623 5,232,095 5,269,438 37,343 1%

COMMUNITY SERVICES
ADMINISTRATION 1,177,872 1,176,746 1,181,343 4,597 0% RECREATION SERVICES 2,504,718 3,300,928 3,470,254 169,326 5% LIBRARY 626,430 629,671 668,477 38,806 6% TOTAL COMMUNITY SERVICES 4,309,020 5,107,345 5,320,074 212,729 4%

DEVELOPMENT SERVICES
PLANNING 4,715,537 5,893,896 5,887,122 (6,774) 0% BUILDING 1,019,945 1,030,643 1,029,516 (1,127) 0% TOTAL DEVELOPMENT SERVICES 5,735,482 6,924,539 6,916,638 (7,901) 0% TOTAL E XPE NDITURE S 62,636,028 66,628,967 66,485,535 (143,432) -0.22% VARIANCE +/(-)

PROJE CTE D GE NE RAL FUND E XPE NDITURE S
FY2023-24 MID-YEAR

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ENTERPRISE FUNDS
The City’s major enterprise funds, namely Electric, Water and Wastewater, are all recommended for adjustment at mid -year based on current operations and capital improvement expectations through the end of the fiscal year. It should be noted that each of these operations met or exceeded projected operating results for the prior fiscal year.

Electric
Included in the Electric Utility Fund year -end projections are the increased revenues primarily attributed to restricted revenue for consigned emissions allowances , interest income, and lease revenue. Additionally, the budget also includes the increased appropriations necessary for $2.3 million in additional pole replacement citywide, increased operational expenses for Casa Diablo IV (CDIV), Electric’s portion of securing the Corporate Yard, a system impact study, and testing equipment for the Transmission & Distribution (T&D) Division, which were offset by reductions due to salary savings and reduced operations and maintenance costs for Agua Mansa Power Plant. The Electric Department is projecting overall revenues for fiscal year 202 3-24 to increase by $1,693,436 over the current adopted budget. Year-end expenditure projections anticipate a significant increase of $ 3,811,174 in appropriations over the current budg et resulting primarily from capital needs.

Based on current estimates and after factoring out the current net investment in capital assets and required reserve for debt service, the Electric Fund is expected to end the year with an approximate available n et position of $ 23,369,574, or 22.4% of the proposed appropriations of $104,421,770.

Water
The Water Fund revenue projections reflect an increase of $ 734,500 over the current budget, which is mostly attributed to a $ 435,700 increase in anticipated in terest income, a $260K increase in refunds, rebates, and reimbursements, and supplemented by some other minor adjustments. Expenditures are also projected to increase over the current budget by $1,725,696, which is associated with a $1,300,000 increase fo r mainline flushing, a $463,000 increase for Water’s portion of securing the Corporate Yard, offset by salary savings from vacant positions and nominal other adjustments in utilities operations expenses based on year-to-date actuals.

Wastewater
The la test revenue projections in the Wastewater Fund reflect a $ 555,100 increase over the current budget, attributed to a $ 365,100 increase in interest income , a $ 93,000 increase in commercial sewer charges , a $67,000 increase in development -related charges for service and a $30,000 increase in late charges. Expenditures are also projected to complimentarily decrease over the current budget by $442,738 due to postponement of $1,178,508 in planned capital for the wastewater administrative building, which was off set by various operations expenses and purchase of two pumps at the wastewater treatment plant.

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NEW CFD FUNDS
On June 15, 2021, the City Council adopted Resolution R -75-21 and R -76-21, resolutions of intention to form Community Facilities District (CFD) Nos. 2021-1 (Public Safety) and 2021 -2 (Maintenance Services) , respectively. At its August 3, 2021 regular meeting, City Council adopted Ordinance O -07-21 and O -08-21 formally establishing Community Facilities District (CFD) No. 2021 -1 and CFD No. 2021 -2, respectively, and authorizing the levy of a special tax within the CFDs. As the first properties annexed into the CFDs pulled building permits prior to the deadline to submit for the County Tax rolls, seventeen subject properties were levied in FY2023-24. Resolution R -21-24, to adopt the FY2023 -24 mid-year budget includes language for City Council to approve the formation of Funds 705 and 706 to account for CFD 2021 -1 and CFD 2021-2, respectively.

ALL OTHER FUNDS
All revenue or expenditure a djustments recommended for any other funds (not previously mentioned earlier in this report) are considered routine in nature and reflected on the Actual and Projected Fund Balances worksheet attached to this report.

All projections have been updated for balances as reflected in the ACFR for the year ended June 30, 2023, as well as any other known items through the date of this report.

FINANCE COMMITTEE
The Finance Committee met on February 2 1, 2024 to review the City Manager’s recommended FY2023-24 mid-year budget. The Committee reviewed the proposed General Fund adjustments, General Fund Transfer (GFT) analysis, available fund balance analysis, and an analysis of Electric Utility financial position. The Committee agreed with the mid -year recommendations presented by staff.

FISCAL IMPACTS

Adoption of Resolution R -21-24, CUA -01-24, and CHA -01-24 will amend the FY202 3-24 budget to reflect the most current estimates to close the fiscal year. In summary, the respective major fund types are expected to end with the following projected available balances:

 General Fund $ 10,314,035
 Special Revenue Funds $ 8,626,409
 Capital Projects Funds $ 13,118,188
 Debt Service $ 3,228,437
 CFD and Special Assessment $ 304,501
 Enterprise Funds $ 36,858,412
 Internal Service Funds $ 5,971,112
 Housing Authority $ 981,816

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Staff Report to the Mayor and City Council
FY2023-24 Mid-Year Budget Review
March 5, 2024

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The available General Fund balance will continue to meet the City’s 15% reserve policy and anticipates funding for known General Fund liabilities.

ALTERNATIVES

1. Reject mid-year projections and proceed with current adopted FY2023-24 Budget

2. Provide alternate direction to staff

ATTACHMENT

1. Resolution R-21-24

2. CHA-01-24

3. CUA-01-24
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RESOLUTION NO. R-21-24

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA , AMENDING THE BUDGET FOR
FISCAL YEAR COMMENCING JULY 1, 202 3 AND ENDING
JUNE 30, 2024

WHEREAS, on June 6, 2023 the City of Colton City Council adopted the budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and WHEREAS, the City conducts regular reviews of their budgets as it is fiscally prudent to do so; and
WHEREAS, based upon the review conducted through December 31, 2023 and reviewed by the Finance Committee on February 21, 2024, the City desires to amend the budget;

NOW, THEREFORE , THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The revised budgetary projections reflected on Exhibit A attached hereto and incorporated herein by reference, are hereby approved.

SECTION 2. The General Fund Transfer (the annual administrative transfer from the Electric Utility Fund to the General Fund) shall not exceed 20% of the Electric Utility revenues in accordance with the Flow of Funds Ordinance. The amount of the transfer was reviewed during the mid-year process, and the Council hereby authorizes the General Fund Transfer to be reduced to $10,500,000, or 15.2%.

SECTION 3. Under the direction of the City Manager and Approved by the City Council, the Finance Department may make the reallocation of appropriations within the funds as defined in Exhibit A.

SECTION 4. City Council hereby authorizes Finance staff to establish two new funds to account for assessments levied for Community Facilities District (CFD) No. 2021 -1 (Safety) and

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CFD 2021-2 (Maintenance Services).

SECTION 5. City Council hereby authorizes an amendment to the travel and training restrictions set forth in Administrative Policy 2.05.050 to increase the travel limitation s for FY2023-24 as follows: One (1) Line Crew Supervisor and four (4) Powerline Technicians for the 2024 APPA Rodeo from $1,715 to $2,500 total; Electric Utility Director increase from $6,600 to $9,500 for SCPPA LEG Rally, Rodeo E&O, APPA Annual Conference, and miscellaneous local training and meetings; Utilities Planning Manager increase from $6,400 to $9,500 for SCPPA LEG Rally, Rodeo E&O, APPA Annual Conference, and miscellaneous local training and meetings.

SECTION 6. All recitals stated above are true and correct. Staff’s presentation and all of its attachments and/or other documents distributed to the City Council are also incorporated herein by reference, approved and adopted as findings.

SECTION 7: The FY 2023-24 Budget is in accordance with all applicable Ordinances of the City and all applicable statutes of the State.

APPROVED AND ADOPTED this 5th day of March, 2024.

FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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Exhibit A

FY 2023-24
Revenues
FY 2023-24
Expenditures
Year-End Year-End
Projection Projection
General Fund (Available Balance) 64,626,654 66,485,535 General Fund Reserve - Pension - - General Fund Reserve - OPEB - -
Total General Fund 64,626,654 66,485,535
Special Revenue Funds
Community Child Care 1 2,134,075 2,169,624
Special Gas Tax 1,546,293 1,516,902
Library Grant Fund 75,227 75,453
State Traffic Fund (SB-1) 1,381,893 2,639,818 Air Quality Fund (AQMD) 70,700 313,111
CDBG Fund 1 1,484,124 1,456,524
Drug/Gang Intervention 400 -
Measure I Fund 2,120,881 4,021,876
Local Fiscal Recovery Fund 1 2,915,500 11,811,186 ViTep 32,200 -
Miscellaneous Grants 34,829,657 33,133,033
Host City Fees 571,257 488,472
Asset Seizure Fund 10,500 -
Total Special Revenue Funds 47,172,706 57,625,999 Capital Projects Funds
Park Development Fund 474,600 -
Traffic Impact Fee Fund 1,358,500 7,035,492
New Facilities Development Fees 113,500 - Civic Center Development Fee 13,200 -
Fire Facility Development Fee 25,500 -
Police Facility Development Fee 32,300 - Capital Improvement Fund (450) 1 3,244,478 3,846,569 Colton Crossing Fund (451) 21,600 12,026 Total Capital Projects Funds 5,283,678 10,894,086

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FY 2023-24
Revenues
FY 2023-24
Expenditures
Year-End Year-End
Projection Projection
Debt Service Funds
Public Financing Authority 931,345 903,407 Taxable Pension Bonds 2,364,160 2,201,772
Water Improvement District A 33,044 31,759 Total Debt Service Funds 3,328,549 3,136,938 CFD's and Assessment Districts
CFD 2021-1 (Safety) 5,950 5,950
CFD 2021-2 (Maintenance) 1,150 1,150
Storm Water 680,654 1,724,676
LLMD #1 333,530 321,380
LLMD #2 178,515 163,302
Total CFD's and Assessment Districts 1,199,799 2,216,458 Enterprise Funds
Electric Utility 94,159,565 104,421,770
Public Benefit Fund 846,500 1,722,056
Water Utility 17,222,927 29,100,486
Wastewater Utility 11,416,938 14,276,079
Solid Waste 3,535,085 3,503,038
Cemetery Endowment 47,000 -
Total Enterprise Funds 127,228,015 153,023,428
Internal Service Funds
Facility & Equip Maint. Fund 1,377,573 3,659,949 Automotive Shop 959,335 1,035,222
Information Services 1,033,198 1,435,695
Insurances Fund 9,257,275 9,100,732
Total Internal Service Funds 12,627,381 15,231,598 Housing Authority
Low/Mod Capital Projects 24,100 -
Total Housing Authority 24,100 -
Grand Totals 261,490,882 308,614,041

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RESOLUTION NO. CHA 01-24

RESOLUTION OF THE HOUSING AUTHORITY OF THE

CITY OF COLTON, CALIFORNIA AMENDING THE
BUDGET FOR FISCAL YEAR COMMENCING JULY 1, 20 23
AND ENDING JUNE 30, 2024

WHEREAS, the Colton Housing Authority adopted the budget for the fi scal year commencing July 1, 2023 and ending June 30, 2024; and
WHEREAS, the Colton Housing Authority conducts regular reviews of their budgets as it is fiscally prudent to do so; and
WHEREAS, based upon the review conducted through December 3 1, 2023, the Colton Housing Authority desires to amend the budget;

NOW, THEREFORE , HOUSING AUTHORITY OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The budgetary projections amending the budget for the City of Colton for the fiscal year commencing July 1, 20 23 and ending June 30, 20 24, which includes the Housing Authority operations, is hereby approved and adopted and incorporated herein.

SECTION 2. Under the direction of the City Manager and Approved by the Housing Authority the Finance Department may make the reallocation of appropriations within the funds as defined herein.

SECTION 3. All recitals stated above are true and correct. Staff’s presentation and all of its attachments and/or other documents distributed to the Housing Authority are also incorporated herein by reference, approved and adopted as findings.

SECTION 4: The FY 2023-24 Budget is in accordance with all applicable City Ordinances and all applicable statutes of the State.

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APPROVED AND ADOPTED this 5th day of March, 2024.

FRANK J. NAVARRO, Chairperson

ATTEST:

Stephanie Vargas, Secretary

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RESOLUTION NO. CUA 01-24

RESOLUTION OF THE UTILITY AUTHORITY OF THE

CITY OF COLTON, CALIFORNIA AMENDING THE
BUDGET FOR FI SCAL YEAR COMMENCING JULY 1,
2023 AND ENDING JUNE 30, 2024

WHEREAS, the Colton Utility Authority ( CUA) adopted the budget for the fiscal year commencing July 1, 2023 and ending June 30, 2024; and
WHEREAS, the CUA conducts regular reviews of its budgets, as it is fiscally prudent to do so; and
WHEREAS, based upon the review conducted through December 31 , 20 23, the CUA desires to amend the budget;

NOW, THEREFORE, UTILITY AUTHORITY OF THE CITY OF COLTON DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The budgetary projections amending the budget for the City of Colton for the fiscal year commencing July 1, 20 23 and ending June 30, 20 24, which includes the Utility Authority operations, is hereby approved and adopted and incorporated herein.

SECTION 2. Under the direction of the City Manager and Approved by the Utility Authority the Finance Department may make the reallocation of appropriations within the funds as defined herein.

SECTION 3: All recitals stated above are true and correct. Staff’s presentation and all of its attachments and/or other documents distributed to the City Council are also incorporated herein by reference, approved and adopted as findings.

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SECTION 4: The FY 2023-24 Budget is in accordance with all applicable City Ordinances and all applicable statutes of the State.

APPROVED AND ADOPTED this 5th day of March, 2024.

FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE VARGAS
Deputy City Clerk

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Attachment: CUA-01-24 (4409 : FY2023-24 Mid-Year Budget Review)

ITEM NO. 3

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND
INTRODUCE AN ORDINANCE TO AMEND SECTION 2.30.020 OF
CHAPTER 2.30 OF TITLE 2 OF THE COLTON MUNICIPAL CODE IN

ORDER TO BE ABLE TO APPOINT YOUTH COMMISSIONERS TO

COMMISSIONS AND COMMITTEES OF THE CITY, ORDINANCE
NO. O-02-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

The City introduce the attached Ordinance allowing the appointment of youth members to City appointive boards and commissions. If introduced, Staff will bring the attached ordinance back to the Council at a later meeting for adoption.

BACKGROUND

Over the years, the City has set policy to allow youth members (persons under age 18) to serve on City appointive boards and commissions and has also repealed said policy from time to time.

Currently, the Municipal Code does not author ize appointment of youth members to City appointive boards and commissions.

By adoption of Ordinance No. O -16-02 on December 17, 2002, the City Council amended section 2.30.020 of the Colton Municipal Code to authorize the appointment of advisory “you th commissioners” to serve on each of the City’s appointive boards, commissions and committees.

However, as part of an effort to disband inactive City boards, commissions and committees, by adoption of Ordinance No. O -10-16 on May 17, 2016, the City Counc il repealed Ordinance No. 3 Packet Pg. 49
Staff Report to the Mayor and City Council
Youth Commissioner Program
March 5, 2024

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O-16-02, thereby removing the “youth commissioner” position from the City’s appointive boards, commissions and committees.

By adoption of Ordinance No. O -5-17 on June 6, 2017, the City Council amended section

2.30.020 of the Colt on Municipal Code to, once again, authorize the appointment of advisory “youth commissioners” to serve on each of the City’s appointive boards, commissions and committees.

However, by adoption of Ordinance No. O -12-17 on December 5, 2017, the City Council amended section 2.30.020 of the Colton Municipal Code to allow the City Council certain flexibility in appointing members to independent citizens oversight committees and similar City appointive committees established by voter-approved ballot measures. While the ordinance was focused on different types of commissioners and committee members, as part of this amendment all language authorizing “youth commissioners” to serve on each of the City’s appointive boards, commissions and committees was deleted.

By adoption of Ordinance No. O -17-22 on November 15, 2022, the City Council amended section 2.30.020 of the Colton Municipal Code to update and clarify the procedures by which the Mayor and City Council may nominate and appoint persons to the City’s ap pointive boards, commissions and committees, but did not address “youth commissioners” at the time.

ISSUES/ANALYSIS

At the request of Councilmember Gonzalez, this issue has been brought back to the Council as an ordinance in order to allow the City Counc il to, once again, appoint “youth members” to the City’s appointive boards and commissions. Anyone wishing to serve as a youth member must, at the time of appointment, be between 15 and 18 years of age, be a sophomore, junior or senior in good standing in high school and meet the residency and other qualifications stated in the Code for adult board and commission members, except that a youth member may reside anywhere in the City. As in prior ordinances, youth members would have an advisory vote only and their presence would not count toward or against a quorum of the adult members for meeting purposes. Youth members could be nominated by any Councilmember and then appointed by the Council. All other rules for adult board and commission members would app ly to youth members.

FISCAL IMPACTS

None at this time. If this ordinance is adopted, there may be marginal additional costs for staff to assist and advise larger boards, committees and commissions.

ATTACHMENT

1. Ordinance No. O-2-24
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ORDINANCE NO. O-02-24

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON AMENDING SECTION 2.30.020 OF CHAPTER 2.30 OF
TITLE 2 (COMPOSITION OF BOARDS, COMMISSIONS AND

COMMITTEES) OF T HE COLTON MUNICIPAL CODE TO

ALLOW THE APPOINTMENT OF YOUTH MEMBERS TO CITY

APPOINTIVE BOARDS AND COMMISSIONS

WHEREAS, by adoption of Ordinance No. O-16-02 on December 17, 2002, the City Council amended section 2.30.020 of the Colton Municipal Code to authorize the appointment of advisory “youth commissioners” to serve on each of the City’s appointive boards, commissions and committees; and
WHEREAS, as part of an effort to disband inactive City boards, commissions and committees, by adoption of Ordinance No. O -10-16 on May 17, 2016 , the City Council repealed Ordinance No. O-16-02, thereby removing the “youth commissioner” position from the City’s appointive boards, commissions and committees; and
WHEREAS, by adoption of Ordinance No. O-5-17 on June 6, 2017, the City Council amended section 2.30.02 0 of the Colton Municipal Code to, once again, authorize the appointment of advisory “youth commissioners” to serve on each of the City’s appointive boards, commissions and committees; and
WHEREAS, by adoption of Ordinance No. O-12-17 on December 5, 2017, the City Council amended section 2.30.02 0 of the Colton Municipal Code to allow the City Council certain flexibility i n appointing members to independent citizen’s oversight committees and similar City appointive committees established by voter-approved ballot measures. However, as part of the amendment, all language authorizing “youth commissioners” to serve on each of the City’s appointive boards, commissions and committees was deleted; and WHEREAS, by adoption of Ordinance No. O-17-22 on November 15, 20 22, the City Council am ended section 2.30.02 0 of the Colton Municipal Code to update and clarify the procedures by which the Mayor and City Council may nominate and appoint persons to the City’s appointive boards, commissions and committees , but did not address “youth commissioners” at the time; and
WHEREAS, all prerequisites to the adoption of this ordinance have occurred.

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

SECTION 1. Incorporation of Recitals . The City Counc il hereby finds that all of the foregoing recitals presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council.

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SECTION 2. The City Council of the City of Colton hereby amends Section 2.30.020 of Chapter 2.30 of Title 2 (Composition of Boards, Commissions and Committees ) of the Colton Municipal Code to read as follows:

“2.30.020 – Composition of Boards, Commissions and Committees.

Except as otherwise provided by this code, all boards, Commissions and Committees of the City Shall be comprised of five members nominated on the recommendation of each Councilmember and the Mayor, and appointed by a majority vote of the City Council.

The City Council may also appoint up to two Youth Commissioners for each Commission and Committee of the C ity. Any Council Member may bring forward a nomination for Youth Commission, but appointment will require a majority vote.

The position of Youth C ommissioner shall be advisory only and shall not vote on any matters brought before any Commission or C ommittee. The presence or absence of Youth Commissioners shall have no effect on the ability of a Commission or Committee to establish a quorum.

For purposes of this section, a “Youth Commissioner” shall at the time of appointment be (i) at least 15 years of age and no older than 18 years of age (ii) be a sophomore, junior or senior in good standing in high school, and (iii) otherwise meet the qualifications stated in section

2.30.060. A “Youth Commissioner” may reside anywhere in the City.

Notwithstanding the process for appointment of boards, Commissions and Committees contained in this section and the manner of appointment contained in section 2.30.030, the process for appointments to independent citizens oversight committees sh all be at the discretion of the City Council or as described in a ballot measure approved by the voters. ”

SECTION 3. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

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SECTION 4. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

PASSED, APPROVED AND ADOPTED this 19 day of March, 2024.

Frank J. Navarro, Mayor
ATTEST:

Stephanie Vargas, Deputy City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

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Attachment: Ordinance No. O-2-24 (4381 : Youth Commissioner Program)

ITEM NO. 4

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: CARLOS CAMPOS, CITY ATTORNEY
SUBJECT: APPROVE THE 7TH AMENDMENT TO THE EMPLOYMENT
AGREEMENT FOR WILLIAM R. SMITH, FOR SERVICES AS
COLTON CITY MANAGER.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

That the Colton City Council approve the 7th Amendment to the Employment Agreement with William R. Smith as City Manager.

BACKGROUND

On February 17, 2015, the Colton City Council approved an Employment Agreement with William R. ( Bill) Smith to serve as City Manager (“Employment Agreement”). The parties subsequently entered into six amendments to that Employment Agreement, the last o f which was approved by the City Council on June 30, 2023.

DISCUSSION

This proposed Seventh Amendment to the City Manager’s Employment Agreement would extend the term of his agreement through February 18, 2027 (The term is currently scheduled to expire on February 18, 2025). It would also raise his annual base salary to $290,000.00 per year.

All other provisions of the City Manager’s Employment Agreement, as previously amended, would remain unchanged.

This proposed contract extension and corresponding p ay increase are based on the following considerations:

4 Packet Pg. 54
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Employment Agreement Amendment - William R. Smith
March 5, 2024

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 The City Manager is currently eligible to retire, and this agreement would retain his services in light of that eligibility;
 The City Manager has served in his current position since 2015, and has bee n a City employee since 2001. During this time, he has accumulated a significant amount of institutional knowledge about the City’s operations, history, culture, and other knowledge that cannot be easily replaced;
 The City Manager is currently among the lo ngest serving City Managers in San Bernardino County;
 The City Manager’s record of performance in that capacity, which has led to continued development and the City’s financial stability; and
 The proposed increase to City Manager’s pay would be in alignmen t with that afforded other City Managers at “full service” cities in San Bernardino County.

FISCAL IMPACTS

The cost to the City of the increase in base pay is an additional $55,182.95 per year.

ALTERNATIVES

1. Provide alternative direction to the City Attorney and staff.

ATTACHMENT

1. Smith - Seventh Amendment to Employment Agreement (City Manager) 4 Packet Pg. 55
23152.06030\42045666.1

SEVENTH AMENDMENT TO THE CITY OF COLTON

CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM SMITH)

This Seventh Amendment to the City Mana ger Employment Agreement (“ Seventh Amendment”) between the City of Colton (“City” ) and William R. Smith (“Employee”) is entered into this 5th day of March 2024.

RECITALS

WHEREAS, the City entered into an original City Manager Employment Agreement (“Original Agreement”) with Employee on February 18, 2015; and

WHEREAS, the City Manager’s current Employment Agreement is due for renewal, and the City and Employee now desire to further amend the Original Agreeme nt, as previously amended, in order to provide for a base salary increase for Employee and to extend the term of the Original Agreement through February 18, 2027.

AGREEMENT

NOW, THEREFORE, the above named parties hereby mutually agree and promise as follows:

1. Section 1.1 of the Original Agreement, as amended, is hereby amended further to extend the term of the Original Agreement to February 18, 2027 and to read as follows:

“This Agreement shall be deemed effective beginning on February 18, 2015 and continuing through and until February 18, 2027 and shall remain in effect for that term unless terminated in accordance with Section 9.”

2. Section 2.1 of the Original Agreement, as amended, is hereby amended further to read as follows:

“City agrees to pay City Manager, and City Manager agrees to accept from City, as compensation for services rendered by City Manager pursuant to this Agreement, an annual base salary, comme ncing on the Effective Date, in the amount of Two Hundred Ninety Thousand, Dollars ($290,000.00) (her einafter “Annual Base Salary”), payable in installment payments in the same manner and at the same times as salaries of other executive managers of the Cit y are paid.

In the event that another City employee receives an increase in his or her base salary that would come within ten percent (10%) of Employee’s Annual Base Salary, the Cit y Council shall meet upon Employee’s request to consider an increase in the Annual Base Salary for the City Manager.”

3. The increase in Annual Base Salary set forth in Section 1 above shall become effective on March 6, 2024.

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2 4. Except as amended by this Seventh Amendment, all other terms of the Original Agreement, as previously amended, shall remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

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3 SIGNATURE PAGE TO

SEVENTH AMENDMENT TO THE CITY OF COLTON

CITY MANAGER EMPLOYMENT AGREEMENT
(WILLIAM R. SMITH)

The City and Employee have duly executed this Seventh Amendment as of the date first written above.

CITY OF COLTON EMPLOYEE

By: By:

Frank J. Navarro, Mayor William R. Smith, City Manager

ATTEST:

By:

City Clerk

APPROVED AS TO FORM:

By:

Carlos L. Campos, City Attorney

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Attachment: Smith - Seventh Amendment to Employment Agreement (City Manager) (4414 : Employment Agreement Amendment - William R.

ITEM NO. 5

STAFF REPORT

DATE: MARCH 5, 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 FEBRUARY 06, 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 February 6, 2024.

BACKGROUND

Minutes for the City Council Regular Meeting Held on February 6, 2024.

FISCAL IMPACTS

None

ATTACHMENT

1. Draft Minutes - 2-6-24
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February 6, 2024 Regular City Council Meeting 1 -

CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

February 6, 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 Dane Aaker - Centerpoint Church
FLAG SALUTE: Veterans of Foreign Wars (VFW) Commander Bernie Moyeda

CITY COUNCIL ROLL CALL

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

Council Members Absent
None

CEREMONIAL MATTERS
Presentations, Awards, Proclamations

 Recognition – Holiday Community Aid Program Contributors - Recognition of Large Colton Donors Heidie Strutz, the Recreation Services Manager, presented Recognition Certificates to each of the Colton Donors who contributed large amounts towards the Holiday Community Aid Program. The Holiday Community Aid Program raised a total of $21,000 and 788 residents were able to receive holiday aid. In addition, County Supervisor Joe Baca Jr. also presented those being recognized with a certificate of appreciation. The following donors received recognition:
 AIM Recycling
 ARMC
 Cutting Edge
 US Auction
 Chino Valley Ranchers
 Santa Fe Finishing
 County Supervisor Joe Baca Jr

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Attachment: Draft Minutes - 2-6-24 (4410 : Draft Minutes 02-06-2024) February 6, 2024 Regular City Council Meeting 2 -
 Proclamation – Pastor Dane Aaker
Council Member Toro presented a Proclamation recognizing longtime resident and Retired Head Pastor of Centerpoint Church, Dane Aaker, for his lifetime achievements and his legacy as an influential Pastor who has positively impacted thousands of people. Supervisor Joe Baca Jr. also presented Pastor Dane Aaker with a recognition certificate. Retired Pastor Dane Aaker, accompanied by newly appointed Head Pastor of Centerpoint Church, Josue Zapata, accepted the recognition and expressed his gratitude for the honor.  Recognition – Perfect CAASP Score – Skyler Peralta Thomas and Deanna Unkefer Council Member Toro presented Recognition Certificates to Skyler Peralta Thomas and Deanna Unkefer, students of Paul J. Rogers Elementary School, for their exceptional performance and accomplishment in being one of the two 4th grade students to have received a perfect CA Assessment of Student Performance & Progress Score in Reading and Math. Supervisor Joe Baca Jr. also presented the students with recognition certificates. The Certificates were accepted by Skyler Peralta Thomas and Deanna Unkefer who were accompanied by their family members.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF FEBRUARY 6, 2024.

GIFT DISCLOSURES
Mayor Navarro asked the members present if there were any agenda items that were a conflict of interest pursuant to CMC Section 2.04.030. None disclosed.

AB 1234 ORAL REPORTS
Mayor Navarro asked the members present if there were any brief reports on meetings attended at the expense of the City. (GC Section 53232.3(d). None disclosed.

APPOINTMENTS
 Appointment – Utilities Commission – D3 – Nicolas Zupkofska CM González submitted the name of Nicolas Zupkofska for appointment to the Utilities Commission.

Consensus by Councilmembers present; no objections, so ratified.

MAYOR AND COUNCIL DISCUSSION ITEMS
None

PUBLIC HEARINGS

(1) CDBG Project Prioritization Fiscal Year 2024 -2025 - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND ADOPT RESOLUTION NO. R -09-24, PRIORITIZING

PROJECTS TO BE FUNDED BY COMMUNITY DEVELO PMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL YEAR 2024-2025, RESOLUTION NO. R-09-24.

The Mayor opened the Public Hearing.

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

Staff Presentation

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Dawn Miller , Assistant to the City Manager , presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

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

Vote: Unanimous, Motion Passes.

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

Dawn Miller, Assistant to the City Manager.

Motion and Se cond by MPT Echevarria / CM González to waive full reading and Introduce by title only Resolution No. R-09-24.

Vote: Unanimous, Motion Passes

(2) User Fee Update - Police/Administration, Planning, Public Works/Engineering, Electric Utility/Engineering - TIME AN D PLACE FIXED TO CONSIDER THE CONTINUED 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-04-24.

***Continued Item from the January 16, 2024 Regular Council Meeting***

Staff Presentation
Mario Suarez , Interim Development Services Director , introduced Lauren Guido, the Senior Consultant for NBS, to present an informative PowerPoint to Council which contained an overview of the agenda Staff recommended approval of item.

Public Comment
None

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

Vote: Unanimous, Motion Passes.

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

Interim Director of Development Services Mario Suarez, City Manager William R. Smith, Senior Consultant for NBS Lauren Guido, and Police Chief Tim Heusterberg.

Motion and Second by CM González/ CM Toro to approve and adopt Resolution No. R-04-24.

Vote: Motion Passed with CM Chastain voting no.

BUSINESS ITEMS
(3) FY2022-23 ACFR and Related Reports - Receive and File the FY2022-23 Annual Comprehensive Annual Financial Report (ACFR) and Related Reports.

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Staff Presentation
Director of Finance Stacy Dabbs introduced Daphnie Munoz , who is Principal at CLT, to present for Council consideration an overview of the agenda item and Dabbs requested approval of staff’s recommendation.

Public Comment
None

Council Discussion
Discernment and discussion between Mayor and Councilmembers present, with clarification provide by Principal at CLT Daphnie Munoz, Finance Director Stacey Dabbs, and City Manager William R. Smith.

FY 2022-23 Annual Comprehensive Annual Financial Report (ACFR) and Related Reports Received and Filed.

***************************************************************************

PUBLIC COMMENT
None

***************************************************************************

CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 14.

Motion and Second by CM Toro/MPT Echevarria to approve consent calendar Items 4 through 14.

Vote: Unanimous, Motion Passes.

(4) Minutes - Approval of Minutes for the City Council Regular Meeting held on January 16, 2024, on file in the Office of the City Clerk.

(5) Warrants - 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.

(6) City Treasurer's Report - Receive and File City Treasurer's Report for November 2023.

. (7) Agreement - Blais & Associates - Approve Professional Services Agreement with Blais & Associates to Provide Grant Writing Services for the South Coast Air Quality Management District Carl Moyer Grant Program.

(8) Amendment - Conflict of Interest Code - 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.

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(9) Contract Amendment - Ninyo & Moore - Approve Contract Amendment No. 3 with Ninyo & Moore to Complete Environmental Work at the Corporate Yard.

(10) Contract Award/Reimbursement Agreement - Rincon Consultants/Knight-Swift - 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.

(11) Land Lease Agreement - BNSF Railway Company - Approve Indefinite Term Land Lease Agreement with BNSF Railway Company for the Construction of South La Cadena Dog Park Access Road Project.

(12) Notice of Completion - Fire Station 212 Restroom/Shower Room Remodel Project - Approve Notice of Completion (NOC) for the Fire Station 212 Restroom/Shower Room Remodel Project with Performance Construction & Painting.

(13) Notice of Completion - Guardrail Project - Approve the Execution and Recordation of the Notice of Completion for the HSIP Funded Guardrail Repair Project (HSIPSL-5065/032).

(14) Second Reading of Ordinance No. O-01-24 - Waive Full Reading, Read By Title Only and Approve Second 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.

MAYOR AND COUNCIL ORAL REPORTS AND COMMENTS
Comments from Mayor, Council and City Treasurer on various issues and activities throughout the community.

CITY MANAGER'S REPORTS

City Manager William R. Smith expressed appreciation and gave compliments to Finance Director Stacey Dabbs and her Team, as well as the City Treasurer Aurelio De La Torre, for all of the work they put in to preparing the City’s annual financial audit. The City Manager also expressed his appreciation for the City Staff members who are actively working in response to the City’s unusually heavy rainfall and for those who are working to coordinate important information and get it out to the public efficiently.

The City Manager Smith also reminded the City Council that the next Regular City Council Meeting will be held on February 20, 2024, and that an additional Special Council Meeting has been scheduled for Monday, February 26, 2024. The City Manager explained that the purpose of having this Special Meeting is to be able to give the City Council an opportunity to discuss the Water/Wastewater Fee Study, ask any questions they may have, and provide City Staff direction.

ADJOURNMENT

At 7:55 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium for long time Colton Residents Donia Blanca Trujia, and Tony Torez.

__________________________
Stephanie M. Vargas, CMC, CPMC
Deputy City Clerk

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ITEM NO. 6

STAFF REPORT

DATE: MARCH 5, 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 01/26/2024 TOTALING $55,113.89: WIRES DATED 01/31/2024 AND TOTALING
$1,950,390.14; VOUCHER NUMBERS 210490 TO 210588 DATED
02/01/2024 AND TOTALING $485.958.85; VOUCHER NUMBERS
210589 TO 210715 DATED 02/08/2024 AND TOTALING $713,380.93 AND A PAYROLL DISBURSEMENT LISTING DATED 12/09/2023
TO 12/22/2023 TOTALING $1,054,685.33.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve US Bank voucher dated 01/26/2024 totaling $55,113.89: wires dated 01/31/2024 and totaling $1,950,390.14; voucher numbers 210490 to 210588 dated 02/01/2024 and totaling $485.958.85; voucher numbers 210589 to 210715 dated 02/08/2024 and totaling $713,380.93 and a payroll disbursement listing dated 12/09/2023 to 12/22/2023 totaling $1,054,685.33.

BACKGROUND

The California Government Code req uires 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.
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Warrants - Accounts Payable
March 5, 2024

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ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. 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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ITEM NO. 7

STAFF REPORT

DATE: MARCH 5, 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
DECEMBER 2023.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Receive and File City Treasurer's Report for December 2023.

ATTACHMENT

1. Treasurer's report December 2023
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ITEM NO. 8

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM MCHARGUE, FIRE CHIEF
SUBJECT: SET PUBLIC HEARING FOR ANNUAL WEED ABATEMENT,
RESOLUTION NO. R-19-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and adopt Resolution No. R-19-24 and set the Public Hearing for the Annual Weed Abatement Program for March 19, 2024.

BACKGROUND

Annually, each spring and fall, the Fire Department administers the City’s Weed Abatement Program. The attached resolution simply sets the date for the necessary public hearing. As such, the act is considered ministerial.

ISSUES/ANALYSIS

The attached Resolution declares that weeds, rubbish a nd dirt upon the parkways, sidewalks, and private property in the City of Colton, constitute a public nuisance and are subject to abatement. The Resolution gives the Fire Chief the authority to give notice to property owners who own property where weeds o r rubbish constitute a public nuisance and must be abated.

Additionally, the Resolution authorizes the Fire Chief to approve a contractor to perform the abatement, to charge an administrative fee , and to place all contractor fees plus the administrative fees on the County of San Bernardino Tax Rolls for collection.

The Resolution also sets the date for the Public Hearing for any objections to such proposed abatement and the charges therefore, to be heard by the City Council on March 19, 2024.

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Staff Report to the Mayor and City Council
Annual Weed Abatement
March 5, 2024

Page 2 ends

FISCAL IMPACTS

Mailings and like incidental costs have been budgeted for in the FY2023 -2024 budget. Further abatement costs are “pass -through” costs recouped through direct billing and addition to the County Tax Rolls and will be budgeted for during the FY2024-2025 City budget process.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. RESO 19-24 WEED ABATEMENT 03-19-24
8 Packet Pg. 167
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RESOLUTION NO. R-19-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COLTON, CALIFORNIA TO SET THE PUBLIC HEARING FOR

THE ANNUAL WEED ABATEMENT PROGRAM FOR MARCH
19, 2024.

WHEREAS, there are weeds growing upon the streets, sidewalks, and private propert y within the City of Colton, and
WHEREAS, there is rubbish, refuse and dirt upon the parkways, sidewalks, and private property within the City of Colton, and
WHEREAS, said weeds and said rubbish, refuse and dirt constitute a public nuisance, and
WHEREAS, due to the extensive personnel, time and expertise needed to direct the abatement process, a fee must be charged for administrative procedures.

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

SECTION 1: The staff report accompanying this resolution is found to be true, adopted as findings and incorporated into this resolution.

SECTION 2: That all weeds growing upon the streets, sidewalks and private property within the City of Colton are declared to be a public nuisance and subject to abatement.

SECTION 3: That all rubbish, refuse and dirt, upon the parkways, sidewalks and private property within the City of Colton are declared a public nuisance and subject to abatement.

SECTION 4: That the Fire Chief of the Ci ty of Colton is hereby directed to give notice to the following described properties that there are on said premises, weeds or rubbish which constitute a public nuisance, and which must be abated.

SECTION 5: That said notices shall comply with Section 39 567.1 of the Government Code et. seq.

SECTION 6: That said premises will be abated by the contractor selected by the City of Colton, as directed by the Fire Chief and in a manner approved by him.

SECTION 7: That an administrative fee , according to the most recent approved fee schedule, per parcel shall be charged.

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Attachment: RESO 19-24 WEED ABATEMENT 03-19-24 (4411 : Annual Weed Abatement) 1 2
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SECTION 8: That upon the conclusion of the Abatement Program, all contractor fees, plus the administrative fee charged to those parcels requiring work and not collected through the normal billing process will be placed on the San Bernardino County Tax Rolls for collection.

SECTION 9: That a list of possible parcels to be abated is on file with the City Clerk.

SECTION 10: That objections to such proposed removal of weeds, rubbish, refus e and dirt and the charges, therefore, will be heard by the City Council at 6:00 P.M., March 19, 2024, in the City of Colton Council Chambers.

PASSED, APPROVED AND ADOPTED this 5th day of March 2024.

FRANK NAVARRO, Mayor

ATTEST:

STEPHANIE VARGAS, Deputy City Clerk

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Attachment: RESO 19-24 WEED ABATEMENT 03-19-24 (4411 : Annual Weed Abatement)

ITEM NO. 9

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: AWARD CONTRACT TO PBLA FOR PROJECT MANAGEMENT

NECESSARY IN THE PRE CONSTRUCTION DEVELOPMENT OF

COLTON ECO FRIENDLY PARK WITH COMMUNITY SPORTS
FIELDS.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Award a Professional Services Agreement to PBLA in accordance with Colton Municipal Code section 3.08.140(E) for the project management, engineering services, and environmental assessment oversight for the development of the C olton Eco Friendly Park with Community Sports Fields and Amenities, not to exceed $150,000.

2. Authorize the City Manager to execute all contracts necessary to proceed.

BACKGROUND

Despite a large population, the City of Colton lacks adequate soccer and football fields, forcing over 1,000 youth participants to use inadequate school district facilities. To remedy this, the proposed 45 -acre Habitat Conservation Park with Eco -Friendly Community Sports Fields and Amenities aims to c reate a central soccer complex which will ease pressure on schools and enhance playing condition s for Colton youth. Situated near Veterans Park and the Santa Ana River, this complex will offer tailored, well -maintained facilities for soccer and other field sports. The City Council has adopted a Conceptual Master Plan for the site that includes the 21 acres of community sports fields, parking, and other ancillary site improvements, along with 24 acres of restoration and development of a dedicated wildlife habitat conservation park.

Development efforts began in 2014 with a strategy by ICG, followed by environmental studies in 9 Packet Pg. 170
Staff Report to the Mayor and City Council
Contract Award - PBLA
March 5, 2024

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2016 and subsequent approval of conceptual plans by the City Council. An updated plan in 2018 addressed environmental concerns and secured approval.

In compliance with the California Environmental Quality Act (CEQA) and the State Guidelines, PSOMAS and City staff conducted an Initial Study in 2018 -2019, determining that, with mitigation measures, the project would not significantly impact the environment. A Mitigated Negative Declaration (MND) was approved by City Council in October 2019. Subsequently, efforts to secure funding for the project have included seeking grants from federal, state, and local sources, with ongoing involvement from ICG consultants.

Assembly Member Eloise Gómez Reyes secured $1 8 million in funding for the development of the Colton Soccer Complex through the California State Budget's Local Assistance Grant Funds for fiscal year 2022 -2023. The City received notification of the award in fall 2022, formalizing the contract with the state in June 2023.

ISSUES/ANALYSIS

The City of Colton embarked on its firs t City park project in over 25 years, facing considerable complexities due to its proximity to the Santa Ana River, habitat concerns, and environmental issues linked to the Guyaux landfill on the property. Regulatory approval from eleven agencies is required for development.

To navigate these challenges effectively, the city intends to divide the final design and regulatory approval process into four contract phases, spanning a timeline of two to four years. It's crucial to maintain continuity in the pro ject team throughout these phases to ensure each step builds upon the foundation laid by the previous ones, fostering knowledge retention and data continuity.

Moving ahead, the project will require two distinct consulting disciplines: one focused on project management, encompassing revised master plan engineering services and design permitting, and the other dedicated to crafting environmental mitigation plans. To streamline operations and enhance cost efficiency, the City will engage a lead consultant to oversee both disciplines and coordinate with an environmental consultant chosen through a public RFQ process. This approach aims to minimize redundancy in overhead, legal expenses, and communication challenges.

Project Management – Contract Award to PBLA
Since 2014, the consultants at PBLA (previously ICG) have been integral to the project, assisting with needs assessments, community engagement, and environmental assessments to determine the feasibility of using the proposed site for soccer fields and co mmunity park amenities. They have offered various development options and crafted the final site plan adopted by the Parks and Recreation Commission and City Council.

9 Packet Pg. 171
Staff Report to the Mayor and City Council
Contract Award - PBLA
March 5, 2024

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Given their extensive experience and expertise, PBLA is poised to lead the development process, ensuring compliance with the existing Mitigated Negative Declaration (MND) and the terms of the State funding agreement. They will oversee the creation of a revised master plan and manage environmental mitigation requirements for regulatory approval and development.

In alignment with the Colton Municipal Code, specific situations may arise where deviations from the competitive bidding process are warranted to guarantee the smooth and proficient functioning of our operations. The contract with PBLA presents an exemplary case of such an exception, primarily attributable to the complex nature of the project and the limited capacity and experience of our City staff in park development. Colton Municipal Code:

3.08.140(E) Purpose of Bidding is Other wise Accomplished. When the City Manager determines that it is in the best interest of the City and its administrative operations to dispense with public bidding for Non -Public Projects under this chapter. Prior City Council concurrence with the City Manag er's determination shall be required for Non - Public Project purchases over one hundred thousand dollars.

PBLA would serve as lead consultant through the development of the project scope of services.

The attached contract established a two-year contract, n ot-to-exceed $150,000 for the first two phases of the project, including Preliminary Surveying and Planning. If work is completed sooner, the project and contract will be re-evaluated before moving to the next phase(s).

City Staff recommend s City Counci l approve a two-year contract with PBLA for Project Management to develop the Community Soccer Park.

FISCAL IMPACTS

City Council approved Resolution R-31-23 on April 18, 2023, appropriated funding for the State Grant in expenditure account group 225 -6200-6238. Adequate appropriations are available in the FY2023 -24 budget in Miscellaneous Grants Fund Professional Services A ccount number 225-6200-6238-2350-000-023 to facilitate both contracts.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Colton Regional Soccer Complex and Community Park Concept Design, approved by City Council on May 1, 2018

2. Final Design- Approval Process-2-1-24

3. PBLA Proposal 2.7.2024
9 Packet Pg. 172
City Council May 1, 2018

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Attachment: Colton Regional Soccer Complex and Community Park Concept Design, approved by City Council on May 1, 2018 (4084 : Contract Award - PBLA)

CITY OF COLTON

FINAL DESIGN AND APPROVAL PROCESS
45-ACRE HABITAT CONSERVATION PARK

WITH ECO-FRIENDLY COMMUNITY SPORTS

FIELDS AND AMENITIES
▪ Project History
▪ Project Status
▪ Next Steps
▪ Estimated Contract Timelines

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) Development History Timeline

COLTON HABITAT CONSERVATION AND

COMMUNITY SOCCER PARK

A U G U S T
2013
City begins
masterplan
process with
needs
assessment and
community
outreach

M A R C H
2014
City acquires
property and
determines
site for soccer
park
J u l y
2014
First Concept
Site Plan
A p r i l
2015
Phase One
Environmental
Studies –
Woolystar
Survey
M a y
2016-18
Revised Site
Plan – Phase
Two
Environmental
Studies – Land
Fill Mitigation
Plan
J u n e
2019-22
Mitigated
Negative
Declaration
(MND) CEQA
Process / State
Funding Request
j A N U N A R Y
2024
City secures $18
Million from
State / Ready to
proceed with
Final Design
and Regulatory
Approval

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) ▪ Initial MND completed
▪ Funding agreement with State
approved
▪ Needed Regulatory Agency
approvals have been identified,
and City is ready to contract
for Consulting Services to
revise the master plan per
MND and perform
environmental studies and
final concept plans required for
regulatory permits and
development of the project
Project Status

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA)

NEXT STEPS
To meet the mitigation requirements required for regulatory approval (identified in the initial MND) and secure
development permits from the regulatory agencies, the
following 4 phases for final design, planning and
environmental process need to be initiated:

Phase 1 Consultant Contracts:
▪ Revise the conceptual master plan to address the entire 45 acres of city property(including architectural) that provides for a dedicated Conservation Habitat Park that supports eco-friendly sports fields. ▪ Conduct boundary surveys and consolidate parcels (aerial, topographic and boundary survey of all 45 acres), prepare encumbrance’s map, conduct slope analysis, prepare jurisdictional maps, and determine relocation of utility lines. ▪ Prepare revised grading plan for all 45 acres per revised conceptual master plan (including revised hydrology report, water quality control plan, hydraulic modeling, and revised 100-year flood plain map.
▪ Prepare focused traffic analysis and parking demand.

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) NEXT STEPS, continued
▪ Update biological resources survey and report and identify CAFW jurisdiction per the revised 45-acre concept plan
▪ Update aquatic resources delineation survey and report and identify ACOE jurisdiction per the revised 45-acre concept plan and revised 100-year flood plain map
▪ Prepare Native American cultural assessment and report ▪ Secure qualified biologist and prepare small mammal trapping plan and focused special status plant survey plan for CAFW agency approval ▪ Upon agency approval, conduct small mammal trapping plan and focused special status plant survey (fall and spring)
▪ Prepare air quality and greenhouse gas emissions remediation plan ▪ Conduct testing and prepare Guyaux Landfill remediation plan and post closure land use plan per the revised 45-acre conceptual plan
▪ Consultants and city will need to work closely with regulatory agencies in the planning and execution of the studies, surveys, and testing Once the Phase One steps are completed, the city and
consultants can move on to the Phase Two contract in the final design and regulatory approval process

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) NEXT STEPS, continued
Phase Two Consultant Contracts:

Once the studies, maps, revised conceptual plans, testing, and reports in Phase One are completed and the regulatory agencies have been involved, that information and documents will be the basis for proceeding to Phase Two of the final design and regulatory approval process, which will include:
▪ Revised ESA per revised 45-acre concept plan
▪ Geotechnical evaluation based on the preliminary grading plan for the 45-acre concept plan
▪ Preparation of the subsequent IS/MND for final CEQA review ▪ Development of the habitat conservation area final concept plan ▪ Preliminary architectural and landscape plans
▪ Final concept grading plan and permit filing with regulatory agencies Once Phase Two contracts are completed, the city and
consultants can move on to the Phase Three contracts in the final design and regulatory approval process

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) NEXT STEPS, continued
Phase Three Consultant Contracts:

Once Phase One and Phase Two contracts are completed and the regulatory agencies have been involved, Phase Three contracts can commence, which will include the final steps for regulatory approval:
▪ Processing permit applications through regulatory agencies for approval ▪ Making any modifications necessary due to the outcome of the final IS/MND CEQA process
▪ Preparation of project budget and cost estimate
▪ Grant applications for additional funding based on the final 45-acre concept plan, CEQA review of the final IS/MND, and Landfill Mitigation and Post Closure Plan Once regulatory agencies have approved the project, Phase Four contracts can be initiated for project development.

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) NEXT STEPS, continued
Phase Four Consultant Contracts:

Phase Four contracts will include:
▪ The final construction documents (based on the
regulatory conditions and approvals)
▪ Bid package and bid procedure
▪ The final habitat surveys and trappings that
must be completed within one year of the start
of grading.

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA) Estimated Contract Timelines
Colton Habitat Conservation Park and Eco-Friendly Sports Fields Phase One Contract
18 Months
3/24-9/25
Phase Two Contract
6 Months
9/25-3/26
Phase Three Contract
6 Months
3/26-9/26
Phase Four Contract
12 Months
9/26-9/27
The final design and regulatory approval process will require four sequential contract phases to complete, approximately 3 1/2 years. The City can then bid and construct the project, which is estimated to take an additional 12-18 months, making the estimated project competition date between fall 2028 and spring 2029.

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Attachment: Final Design- Approval Process-2-1-24 (4084 : Contract Award - PBLA)

FINAL DESIGN AND APPROVAL PROCESS FOR
45-ACRE HABITAT CONSERVATION PARK WITH

ECO-FRIENDLY COMMUNITY SPORTS FIELDS

AND AMENITIES
- REVISED
February 7, 2024
Planning  Engineering  Architecture
Land Surveying

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) February 7, 2024
Deb Farrar
Community Services Director
City of Colton
650 N. La Cadena Drive
Colton, CA 92324

CONTRACT PROPOSAL TO BE THE LEAD CONSULTANT FOR THE FINAL DESIGN AND APPROVAL PROCESS 45-ACRE HABITAT CONSERVATION PARK WITH ECO- FRIENDLY COMMUNITY SPORTS FIELDS AND AMENITIES:- REVISED The team of consultants at PBLA have been involved with the Colton Community Soccer Park project since 2014. We helped the city with the needs assessment, community input process, and conceptual design development that got the project underway. We consulted with the city on the first phase environmental assessments to determine the feasibility of using the proposed site the city acquired to meet the need for soccer fields and community park amenities in the underserved area of the city. We provided numerous options for development and prepared the final site plan adopted by the Parks and Recreation Commission and City Council.

The team at PBLA has the history, knowledge of the site, and engineering expertise to be the lead consultant to move the development process forward to meet the requirements of the existing Mitigated Negative Declaration (MND) and the terms of the State funding agreement to complete the necessary revised master plan and oversee the environmental mitigation requirements to process the project through regulatory approval and development.

To move the project forward it will require two consulting disciplines. One to do the revised master plan engineering services required for design and permitting; and one to do the environmental mitigation plans for regulato ry approvals. In considering what would be the most cost-efficient approach to providing t hese consulting services, the city has determined that it should contract with a lead consultant to work with and oversee an environmental consultant the city selects through the public RFQ process to avoid duplicate overhead, legal costs, and communication issues.

COVER LETTER
2 Planning  Engineering  Architecture

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) Therefore, we are submitting the following c ontract proposal for the lead consultant scope of services. By the city contracting with the two c onsulting disciplines, instead of one consultant and the other a sub-consultant, the city will avoid the extra overhead costs, duplicate insurance, and legal costs, and will be able to communicate directly with each discipline on their portion of the work, while still having PBLA manage the entire process of final design and regulatory agency review and approval.

PBLA understands the complexity of the final design and approval process and the likelihood the scope of services and approval tasks will need to be revised as the final design and environmental approvals move along. The following scope, tasks, and fees will cover the first two contract phases as shown on page 32. If needed, the city and PBLA can make any adjustments to the scope and fees after the phase one scope and tasks are completed before commencing on the phase two contract scope of services.

After contract phases one and two are complete th e city can then secure the contracts from PBLA and the Environmental Consultant to proceed with phase three and then four of the design and approval process.

We look forward to teaming with you to move the master plan for the Colton Community Soccer Park through the next phase of development. If you have any questions regarding our team or proposed services, please feel free to contact PBLA’s office at 888-714-9642.

Sincerely,
Steve Busby| Principal/Founder| PBLA
1481 Ford St. #201 | Redlands, CA 92373
888.714.9642
[email protected]
Jeffrey Scott | Director of Planning | PBLA
1481 Ford St. #201 | Redlands, CA 92373
888.714.9642
[email protected]
Ron Hagan| Senior Associate | PBLA
1481 Ford St. #201 | Redlands, CA
888.714.9642
[email protected]
COVER LETTER – Continued
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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

TABLE OF CONTENTS

SECTION PAGE
Cover Letter 2
Table of Contents 4
Section 1 –F i r m Profile 5
 PBLA Firm Profile
Section 2 – Qualifications and Capabilities 10
 Related Project Experience
 Organizational Chart
 PBLA Resumes
 Sub Consultants
Section 3 –S c o p e of Services 18
Section 4 –T a s k Schedule 31
Appendices (sub‐consultant’s proposals)
 Appendix “A” – Hydrology 33
(Allard Engineering)
 Appendix “B” –S u r v e y 37
(PBLA Survey, Inc.)
 Appendix “C ” –A r i e l Survey 42
(Don Read Corp.)
 Appendix “D” –T r a f f i c Analysis 46
(Ganddini Group)
 Appendix “E” ‐ Title 24 Photometric 52
(JCA)
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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) 5 SECTION 1 – FIRM PROFILE

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

FIRM PROFILE & BACKGROUND
PBLA Engineering, Inc.

PBLA Engineering, Inc. was established in 2010 to facilitate land development projects within industrial, commercial, residential and institutional markets. In 2014 PBLA
Engineering split the Surveying department into a separate company to facilitate additional marketplaces. In 2022 PBLA Engineering acquired ICG, Inc. a planning, architectural and landscape architectural firm to further clients needs creating a company that can see a project through the finish line in all major consulting aspects.

PBLA Engineering, Inc. is focused on providing the highest quality planning, construction drawings and design that are client-centric and cost effective. The combined planning, engineering, architecture and landscape architecture, with the high-tech experience of the principals and staff, ensures this capability. Clients are not interested in how an engineering company performs its work, but rather the bottom-line cost and timely acquisition of a construction permit. Secondary concerns are that of construction delays or re-works.

The PBLA approach addresses all concerns with our
philosophy and product. By using today’s technologies PBLA is able to provide access to data in real time anywhere there is an internet connection. This allows for quicker response time, production, precision and accuracies.

Experienced Staff
PBLA provides all aspects of work in the planning,
engineering, architecture and land surveying industries.

PBLA has experience in the following fields: Industrial, Retail, Public Works and Institutional, Residential, Railroad Design and Construction, Parks and Recreational / Sports Facilities and Utility Providers.

PBLA Engineering, Inc.

PBLA Surveying, Inc.
www.pbla.biz
Office: 888-714-9642
Inland Empire Office
1481 Ford St.

Suite 201
Redlands, CA 92373
Orange County Office
1809 E. Dyer Road
Suite 301
Santa Ana, CA 92705
Los Angeles County Office
981 Corporate Center Dr.

Suite 168
Pomona, CA 91768
6 Planning - Engineering
The PBLA Planning department offers all aspects of planning services. It is imperative in the planning process to understand the client’s needs, final goals and feasibility to properly plan a project.

Our dedication to this practice is consistent and thorough whether we are assisting you with a new General Plan, a Site Design or a comprehensive Residential or Industrial plan or remediation. Some of our services include:
• Specific Plan Preparation and Processing
• Zone Changes, Variances and General Plan
Amendments
• Conditional Use Permits
• Engineering for Environmental Impact Reports
and U.S. Corps of Engineering and Fish and
Game Applications
• Land Acquisition Mapping and Analysis
• Site Planning and Feasibility Studies
• Digital Color Renderings
• Planned Residential Developments
• Commercial, Industrial and Recreational
Developments
• Tentative Map Preparation and Processing
PBLA Corporate Office

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) Engineering
The PBLA Engineering department offers all aspects of Civil Engineering Services, utilizing the latest AutoCAD software and technologies. Some of our services include:
7 • Detentions and
Sedimentation Basin
Design
• Water Quality Management
Plans
• Dust Control (PM 10)
Management Plans
• Dry Utility Coordination
• Engineering Cost
Estimates
• Specifications and Contract
Document Preparation
• Grading Design and
Earthwork Calculations
• Hydrologic and
Hydraulic Studies and
Analysis
• WQMP, SUSMP, and
SWPPP Preparation
• Drainage Master Plan
and Design
• Sewer and Water Master
Planning and Design
• Street and Highway
Design

FIRM PROFILE & BACKGROUND

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) 8 Architecture
PBLA offers comprehensive project development and delivery to a wide variety of clientele. Mr. Scott and Mr. Evans have an expansive background in the fields of planning, architecture and landscape architecture, and between them offer over 50 years of knowledge, design expertise and project implementation.

PBLA approaches every project as an extension of our client’s team, offering a cohesive development of not only service but knowledge as well.

The following services are offered to all our clients and may vary depending on the specifics of particular projects:
• Community Center Design & Planning
• Project & Construction Management
• Program Management
• Grant Writing, Funds Acquisition &
Management
• CDBG, HUD and Federally/State Funded
Project Management Services
• Land Planning
• Architecture
• Landscape Architecture
• Park & Rec Planning & Design
• Plan Checking
• CIP Design
• Feasibility Studies
Planning - Architecture
PBLA’s planning practice is focused on balancing community needs with limited resources, be it the need for increased transportation, capability against open space, the need for additional housing against an environmentally sensitive area, or site suitability. PBLA’s planning staff is committed to community outreach in order to determine the allocation of these resources ensuring that the end result of the planning process is a comprehensive written path fully backed by the community it affects.

Our dedication to this practice is consistent and thorough whether we are assisting you with a new General Plan, a Site Design or a comprehensive Parks and Recreation Master Plan. Our portfolio includes the following project types:

FIRM PROFILE & BACKGROUND
• Land Use Permits & Approvals
• Park, Recreation & Open Space Planning
• Policy & Regulatory Analysis
• Public Involvement Strategies
• Site & Facility Master Planning
• Transportation Planning
• Zoning and Subdivision Ordinance
Development
• Urban Planning
• Financial Sustainability
• Comprehensive Plan Development
• Feasibility Studies
• Market Analysis
• Financial Sustainability Studies
• Community Planning
• Economic & Fiscal Impact Analysis
• Environmental Planning & Documentation
• Growth Management Planning
• Park & Recreation Strategic Planning
• Sports Park Planning
Mead Valley Community Center

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) 9 Landscape Architecture
PBLA’s Landscape Architectural group uses a sustainable approach to all projects we take on. Incorporating design aesthetics and technical competence offers the complete package to our clients. PBLA’s Landscape Architectural portfolio includes the following:
• Landscape Architectural Design, Bidding,
Construction
• Multi Family Community Designs
• Commercial Designs
• Streetscape and Median Design
• Irrigation Design
• Recreation
• Park Maintenance and Renovation
• Beautification Projects
Sub-Consultant Management
PBLA’s experienced staff has worked with a diverse background of sub-consultants on both small and large projects to facilitate coordination of design. Our Sub-Consultant management list includes:

Mead Valley Community Center
• Soils Engineers
• Environmental Consultants
• Fire Protection Consultants
• Dry Utility Consultants
• Structural Engineers
• Mechanical Engineers
• Plumbing Engineers
• Electrical Engineers
• General Contractors
• Community Outreach
• Real Estate Consultants

FIRM PROFILE & BACKGROUND
Cal State San Bernardino
Athletic Fields Master Plan
City Of Virginia Beach Sports Complex
City of Diamond Bar
Entry Monument Signage

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) 10 SECTION 2 - QUALIFICATIONS AND CAPABILITIES

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

REGIONAL SOCCER COMPLEX FEASIBILITY STUDY &
MASTER PLAN 2018 - 2022
CLIENT: CITY OF COLTON, CA
Contact:

Deb Farrar, Director Community Services
[email protected]
909.370.5099
The City of Colton contracted with PBLA, for merly ICG, for their new Regional Soccer Complex and Community Park located in the southern section of the city adjacent to the Sana Ana River Basin. The project t eam assessed environmental impacts, providing concept design, and funding f easibility. PBLA prepared a conceptual plan based on input from various regulatory agen cies with approval control over the development on the proposed site. The concept plan includes artificial and natural turf, multi-purpose soccer field s, restroom and concession ar eas, administrative offices, picnic shelters, an exercise course, chil dren’s play equipment, small amphitheater, open play and event space, perimeter walls and fencing, solar security lighting, focused field lighting and retention basins for on-site water capture. 11 PBLA Team: Original Team Sense 2012
PBLA – Architectural/Landscape Architecture
PBLA – Survey/Civil Engineering
JCA Engineering – Electrical Engineering

RELATED PROJECT EXPERIENCE

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ORGANIZATIONAL CHART
Planning
Jeffrey Scott
Ron Hagan
12 Architecture
Matt Evans
Civil Engineer
Steve Levisee
Land Surveying
Carlos Ureña,
Electrical
Engineer
James Corns
Hydraulic
Engineering
Ray Allard
Principal in
Charge
Steve Busby
Our broad array of services and in-house team pr ovide our clients with a trusted consultant to turn to in any challenge no matter how simp le or complex. We pride ourselves in the management and completion of special atypical p rojects and thrive on challenging budgets and deadlines. It is this commitment to service and diverse array of offerings that makes us unique and drives our long-standi ng relationship with our clie nt base. It is these qualities that make us “the right fit.” By using today’s technologies our project team is able to provide access to data in real time anywhere there is an internet connection. This allows for quicker response time, more productive staff and a g reat work environment for the clients and employees.

Historical
Environmental
Phil Martin
Engineering, Inc.

Engineering, Inc. Engineering, Inc. Engineering, Inc.

Survey, Inc.Allard, Inc.JCA, Inc.PMA & Associates.

Traffic
Engineering
Giancarlo
Ganddini
Ganddini Group Inc.

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA)

STEVEN LEVISEE, PE - PRINCIPAL
EDUCATION:

Civil Engineering
Gonzaga University, Spokane, WA
REGISTRATION:

Reg. Civil Engineer CA # 45926 Reg. Civil Engineer AZ # 32982 Reg. Civil Engineer TX # 89715 Reg. Civil Engineer PA # 075430 Qualified SWPPP Dev. #21591
BIOGRAPHY: Mr. Levisee is a registered civil engineer with more than 30 years of experience in civil engineering design and 24 years of project management experience. He has a diverse background in commercial and i ndustrial master planned centers. Mr. Levisee is also a registered Qualified SWPPP Developer #21591 (QSD). He is the firm’s resident expert in hydrology and hydraulics and proficient with rational and modified rational methods, unit hydrographs and flood routing analysis, WSPG, HEC-2 and other standard step hydraulic analyses. He is a Registered Civil Engineer in th e states of California, Arizona, Texas, and Pennsylvania. His experience includes the design, preparation and processing of all improvement plans required for the developm ent of residential, commercial, retail, and industrial projects. Along with plan preparation, he is responsible for preparing Water Quality Plans, Storm Water Pollution Prevention Plans , Hydrology and Hydraulics Reports, capacity studies for sewer and storm drain, and water distribution networks.

PBLA RESUMES
13 BIOGRAPHY: Mr. Busby has a diversified background in Computer Systems, Civil Engineering, Land Surveying, Real Estate and Construction. He has served as a surveyor, designer, or project manager on 300+ land development projects in the last 19 years. His civil engineering record includes 15 years of managing all phases of civil engineering on residential, industrial, commercial, and institutional land development projects. His skill set and responsibilities include site planning, feasibility studies, land acquisition mapping, earthwork calculations, sewer and water master plans, street and highway design, water quality management plans, cost analysis, permit processing, zone changes and sub consultant coordination.

STEVEN BUSBY – PRINCIPAL IN-CHARGE
EDUCATION:

Computer Science, San Bernardino Valley
College, CA
Computer Science, Cal State Northridge, CA
Engineering, Santa Ana College, Santa Ana, CA
PROFESSIONAL AFFILIATIONS:

Supplier Clearinghouse MBE Cert. # 14100078
Dept. of Industrial Relations CA # 1000008455 /
1000008451

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) JEFFREY SCOTT – DIRECTOR OF PLANNING
EDUCATION:

B.S. Landscape Architecture
California State Polytechnic University
AFFILIATIONS:
• American Society of Landscape Architects (ASLA)
• California Parks & Recreation Society (CPRS)
BIOGRAPHY: Mr. Scott’s main responsibilities are in business development, project management, land planning, landscape architectura l and architectural design, also including design and planning for sports facilities, parks, streetscapes, schools, commercial, residential, and industrial developments. H e has over 30 years of experience in land planning, landscape architecture, architect ural design, project management and construction management. With over 20 years in overseeing multidisciplinary team environments, Mr.

Scott brings a vast background of project experience and seamless delivery. Being a visionary in the design field, he has the ability to tackle any project, assemble the team and provide the expertise needed to provide a comprehensive and successful final project, be it design, master planning, land planning, or analysis.

ICG RESUMES
14 MATT EVANS – DIRECTOR OF ARCHITECTURE
EDUCATION:

Chaffey College, Alta Loma, California
AFFILIATIONS:

American Institute of Architects (AIA)
California Parks & Recreation Society (CPRS)
REGISTRATION:

Licensed Architect, C33095
BIOGRAPHY: Mr. Evans has over 30 years of experienc e in the field of architecture. His background includes extensive experience in Commercial and Residential planning, providing innovative and expressive architecture to create a sense of timeliness and feeling of tradition. Mr. Evans also has extensive experience in the public realm including civic and redevelopment projects including community centers and municipal facilities. Private projects include office/retail mixed use, commercial/retail, tenant improvements and religious facilities throughout Southern California. Mr. Evans is well versed in code compliance, city/governing authority approval process, design and construction documentation as well as construction administration.

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) RON HAGAN – PBLA SENIOR ASSOCIATE
EDUCATION:

Bachelors of Science, Public Administration
California State University, Los Angeles
BIOGRAPHY: Mr. Hagan is a Senior Associate for PBLA who provides services to prepare Park & Recreation Master Plans and Facility Feasibility Studies and oversee the public input process, demand and needs analysis, financial and market analysis, development of recommendations and coordination between agency staff and the entire ICG project team. Mr. Hagan has been a Community Services professional for over 33 years. Prior to his retirement from the public sector in 2002, he served as Director of Community Services for the cities of Claremont, Fullerton and Huntington Beach, California.

Mr. Hagan has special experience within the areas of Park & Recreation Master Plan Goals and Objectives, Demand and Needs Analysis, Capital Projects Funding and Financing Methods, Organization and Staffing Requirements, Program and Capital Projects Implementation Strategies, and Asset Management Strategies for Revenue Development.

PBLA RESUMES / SUB CONSULTANTS
15 CARLOS UREÑA, PLS, CFedS – PBLA SURVEYING INC.

EDUCATION:

Civil Engineering / Surveying
Cal Poly Pomona University, Pomona, CA
REGISTRATION:

Engineer-In-Training CA # 109532 Cert ified Federal Surveyor # 1690 Prof. Land Surveyor CA # 8234 Prof. Land Surveyor NV # 21975 Prof. Land Surveyor AZ # 53161 Prof. Land Surveyor WA # 53443 BIOGRAPHY: Mr. Ureña has over 20 years of experience working in the Land Surveying industry. He is a Registered Land Surveyor in the states of California, Nevada, Arizona, Washington, and a Licensed Federal Surveyor. Carlos provides complete survey support to every aspect of the company’s Land Surveying needs. This support includes Aerial Control, Topographic Maps, Tentative and Final Maps, Lot Line Adjustments, Boundary Surveys, ALTA’s, Legal Descriptions and Construction Staking. In the 3 years just prior to joining PBLA, Carlos had the opportunity and responsibility to be involved in a number of very large Highway and Utility projects. These projects required large scale mapping and calculation efforts, along with setting the necessary horizontal and vertical control and ultimately staking for construction. Carlos has a thorough understanding of the map preparation process, the Subdivision Map Act and surveying procedures.

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Attachment: PBLA Proposal 2.7.2024 (4084 : Contract Award - PBLA) JCA Engineering Inc.

JCA Engineering is dedicated to providing efficient and innovative architectural lighting design services and state of the art electrical engineering. The principal of the firm offers more than 20 years of experience, and has successfully
completed numerous projects within the last year, with
construction values exceeding forty million dollars. Their services have encompassed new and renovated educational facilities, efficient public works facilities, active and passive recreational sites, and streetscapes for community
revitalization. JCA Engineering offers project managers whose duties include site visits, design of electrical
construction documents, and construction support.

PROJECT ROLE
Electrical Engineer
8048 Palm Ave.

Highland, CA 92346
909.864.0223
16 SUB-CONSULTANTS FIRM PROFILES
Allard Engineering
Allard Engineering, Inc. wa s established in 1992 and moved to Fontana in 1995. They specia lize in all aspects of civil engineering, land su rveying, and land planning. With more than 20 years of experience, Allard can handle any
project, large or small, including but not limited to Hydrology Studies, Final Engineering and Construction Support.

Allard Engineering's Inland Empire presence, combined with their local knowledge gaine d through years of community projects for both public and private sectors, makes them the logical choice for hydrology engineering.

PROJECT ROLE
Hydrology
Allard Engineering
16866 Seville Avenue
Fontana, CA 92335
909.356.1815
Phil Martin & Associates
Mr. Martin, President and Founder of Phil Martin & Associates, has been providing environmental consulting services for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) since 1978. Mr. Martin provides environmental consulting services to the private sector as well as to public agencies for a wide range of projects. Environmental services include the preparation of initial studies, Mitigated Negative Declarations, Environmental Assessments, Program EIRs, Project EIRs, certified mailings, and public hearing presentations. Phil Martin & Associates also prepare support documents for certification of CEQA documents, including Mitigation Monitoring Programs, Statements of Fact, Findings and Overriding Considerations, and Resolutions. Mr. Martin will be a historical advisory consultant to the project team, as he has past knowledge of this project.

PROJECT ROLE
Historic Advisory
1809 E. Dyer Rd.,
Ste. 301
Santa Ana, CA 92705
949.454.1800

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Ganddini Group, Inc.

Ganddini Group, Inc. is a transportation and environmental consulting firm dedicated to helping their clients succeed through a context-sensitive and cost-effective approach to the project. Their team consists of licensed engineers and highly qualified environmental specialists offering services relating to transportation planning, traffic engineering, parking, noise and vibration, air quality, greenhouse gas, and energy, with a strong emphasis in technical studies for CEQA compliance.

The firm was founded in 2018 by Giancarlo Ganddini after developing his technical exper tise and project management skills at notable local and international engineering firms.

Drawing from the advantages observed at each company,
Ganddini Group aims to combine the professionalism and
quality to be expected of a corporate firm with the swiftness and competitive pricing of a small business.

Ganddini Group has serviced over 200 projects since its founding — a testament to the strong working relationships their staff have developed over previous years with a range of clients, including planners, engineers, architects,
developers, landowners, pro perty managers, and public
institutions and agencies. Proudly serving California with offices in Orange County and Palo Alto, they strive to
continue building on truste d, working relationships by applying professional expertise with integrity, with every effort to make a positive contribution to the projects and communities in which they are involved.

PROJECT ROLE
Traffic Engineering
Ganddini Group, Inc.
555 Park Center Drive,
Suite 225
Santa Ana, CA 92705
(714) 795-3100

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HYDROLOGY (ALLARD ENGINEERING)

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LAND SURVEYING (PBLA SURVEYING)

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AERIAL (DON READ CORP.)

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TRAFFIC ANALYSIS (GANDDINI GROUP)

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TITLE 24 PHOTOMETRICS (JCA ENGINEERING)

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ITEM NO. 10

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE TO AWARD CONTRACT TO BKF ENGINEERS FOR THE MERIDIAN STORM DRAINAGE PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the award of a Professional Services contract for the Engineering and Design for Meridian Storm Drainage Project to BKF Engineers as the mos t qualified consultant for $206,233.00.

BACKGROUND

The northwesterly portion of the City of Colton contains a severe drainage area site known as the Comprehensive Storm Drain Plan (CSDP) 3 -5 Storm Drain Area. The Comprehensive Storm Drain Plan No. 3, Pro ject 3 -5, originated in 1973. In 1986, the cities of Colton and San Bernardino funded an Engineer’s Report prepared by County Flood Control District staff, which evaluated 12 alignments, including retention basins, subsurface storm drains , and open channels.

In 1999, Engineering Resources prepared an Engineer’s Report that assessed the alignment and additional alternatives for the Comprehensive Storm Drain Plan No. 3, Project 3 -5. In 2013, Hall & Foreman, Inc. prepared a Hydrology report for the Super Block Project, located within the vicinity of the two watershed areas 3-3 and 3-5.

In 2021, BKF Engineers prepared the stormwater capture and recharge feasibility study. The recommendation is to install 2,720 linear feet of 66 -inch storm drainage pipe along M eridian Avenue. The proposed Meridian storm drainage will capture runoff flows from various tributary areas along Meridian Avenue and be collected to infiltrate the existing Meridian basin. The project includes the installation of a 66-inch diameter pipe f rom Randall Avenue to San Bernardino Avenue.
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March 5, 2024

Page 2 ends

ISSUES/ANALYSIS

On August 25, 2023, the City Staff issued a Request for Proposals (RFP) for the preparation of the engineering and design for the Meridian Storm Drain Project (“Project”). The RFP was advertised in The Press -Enterprise newspaper on July 01, 2023 , and July 07, 2023. On July 27, 2023, the City received proposals from three (3) engineering firms:

No. Name of Consultant Cost Proposal
1 BKF Engineers $206,233.00
2 TKE Engineering Inc. $290,068.00
3 Engineering Resources of Southern California $346,498.00

Staff reviewed the proposals for accuracy and completeness and rated the consultants based on qualifications, performance of similar work, ability to provide services, quality of proposal, work performance for the City, and cost. Staff evaluated all of the proposals and determined that BKF Engineers’ proposal met all of the criteria outlined in the RFP and scored the highest in the City’s evaluation process. BKF Engineers cost proposal for the engineering design is $206,233.00.

FISCAL IMPACTS

Sufficient appropriations for the engineering and design contract for the Meridian Storm Drain Project are available in the adopted FY2023 -24 budget in the following Capital Improvement Accounts:

Water Fund CIP Account Number 521-8100-8101-3890-0000-000 $100,000 Storm Water CIP Account Number 722-6150-8215-3890-0000-000 $106,233

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Professional Services Contract - BKF Engineers
10 Packet Pg. 263
(BB&K 2018)
23152.06000\30453088.2 -1-

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 5th day of March, 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 BKF Engineers, a Corporation with its principal place of business at 4675 MacArthur Ct #400, Newport Beach, CA 92660 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties."

2. RECITALS.

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain professional consulting services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing Engineering 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 consulting services for the Engineering and Design of Center Street Sewage Lift Station Project ("Project") as set forth in this Agreement. Consultant understands that the City has entered into a Utility System Management Agreement, dated as of September 1, 2000, with the Colton Utility Autho rity (“CUA”) for the maintenance, management and operation of its Water Enterprise and Wastewater Enterprise (“CUA Management Agreement”). To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, City enters into this Agreement on beh alf of the CUA and subject to the terms of the CUA Management 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 a nd customary work necessary to fully and adequately supply the professional 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 April 1, 2024 to March 31, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

The Parties may, by mutua l, written consent, extend the term of this Agreement if necessary to

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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 perf orm similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreemen t. 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 pe rform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 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 t he Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Chris Rideout, PE, Principal in Charge.

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3.2.5 City's Representative . The City hereby designates Brian Dickinson, Public Works and Utili ties 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 to 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 orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative . Consultant hereby designates Chris Rideout, PE , Principal in Charge , or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's R epresentative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best ski ll 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 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 Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants have all lic enses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement.

As provided for in the indemnification provi sions 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”).

Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees

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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 arisi ng 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 Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, 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 execu tion 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 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 th e same extent and under the same conditions as Consultant, Consultant shall require all of its subcontractors, consultants, sub-subcontractors and subconsultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

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 subcontractors, consultants, sub - subcontractors or subconsultants to meet any of the requirements provided for in Se ctions

3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Consultant under Section

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3.2.10.2); or (3) failure to immediately remove from the Pro ject 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 Qual ity. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air Resources Board (CARB). Although the SCAQMD and CARB limits and requirements are more broad, Consultant shall specifically be aware of their application to "portable equipment" , which definition is considered by SCAQMD and CARB to include any item of equipment with a fuel - powered engine. Consultant shall indemnify City against any fines or penalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for vio lations 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, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other s afety 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 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

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the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance . Coverage shall be at le ast 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 exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance . Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodil y 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 insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of ins urance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

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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(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self -insurance shall be called upon to protect it as a named insured. Any insurance or self -insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.2.11.2(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, offic ials, 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 Consu ltant 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 rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid u nder 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.

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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 complia nce 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, 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 proc ure 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 insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11.8 Acceptability of Insurer s. 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 certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.10 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.

3.2.12 Water Quality Management and Compliance.

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby

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acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Contro l Act (33 U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations an d policies described in Section 3.2.12.2 of this Agr eement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Fai lure to comply with laws, regulations, a nd ordinances listed in Section 3.2.14.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless t he City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

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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 Two Hundred Six Thousand Two Hundred Thirty-Three Dollars and Zero Cent ($206,233.00) 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 monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent 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 Consultant 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.

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 which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware o f 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 performan ce 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 r ates 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

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place of business and at the project site. It is the i ntent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Con sultant shall therefore comply with such Labor Code sections to the fullest extent required by la w. 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 requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection . Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years 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

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shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination . If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is 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: BKF Engineers
4675 MacArthur Ct #400,
Newport Beach, CA 92660
Attn: Chris Rideout, PE
Principal in Charge

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Brian Dickinson, Public Works and Utilities Director Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property . This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property 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

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by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use . City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Docum ents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone ap proved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Con sultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to

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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 rel ated 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 o f the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary I nformation.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, off icers, 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 costs 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 C ode 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, reck lessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

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3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance . This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such 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 o f 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 . To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or non -existence of the CUA Management Agreement . Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of th is 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 only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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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 Party 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 declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in th e performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.6.20 Federal Provisions When funding for the Services is provided, in whole or in part, by an agency of the federal government, Consultant shall also fully and adequately comply with the provisions included in Exhibit “ A-1” (Federal Requirements) at tached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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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 BFK ENGINEERS

CITY OF COLTON BFK ENGINEERS

CORPORATION

By: ____________________________ By: _________________________ William R. Smith Chris Rideout, PE
City Manager Principal in Charge

Attest:

____ By: _________________________
Carolina R. Padilla Name and Signature
City Clerk

Recommended for Approval:

_________________________
Executive Director
Colton Utility Authority

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES

N/A

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EXHIBIT "B"

SCHEDULE OF SERVICES

The term of this Agreement shall be from April 1, 2024 to March 31, 2025.

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EXHIBIT "C"

COMPENSATION

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ITEM NO. 11

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: DEB FARRAR, COMMUNITY SERVICES DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION ACCEPTING THE EARLY

CARE AND EDUCATION DIVISION ADDITIONAL FUNDING VIA
SB 140 AND CDE, RESOLUTION NO. R-12-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Adopt Resolution R -12-24 for Early Care and Education Division Additional Funding through SB 140 and CDE

BACKGROUND

The Early Care and Education Division of the City of Colton comprises two primary components: the School Age Program (SAP) and the State Preschool Program (SPP). The SAP receives funding from the California Department of Social S ervices (CDSS), while the SPP is funded by the California Department of Education (CDE).

Specifically tailored for children in grades TK through 6th grade, SAP operates under the CDSS Contract, offering services for before, after, and all -day care on CJUS D closure days. On the other hand, the SPP caters to younger children aged 3 to 5 years old. This program runs part-time for 180 days a year, aiming to prepare young children for elementary school by providing both classroom education and playground activities.

In the administrative structure, the City Manager, as the Executive Director of the Program, holds the designated authority to sign the State contract, overseeing the operations and contractual obligations of these programs.

ISSUES/ANALYSIS
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California SB 140, signed into law on September 13, 2023, addresses childcare provisions by establishing transitional one-time payments for family childcare providers. It extends its scope to include subsidized childcare centers, outside the representation of th e Child Care Providers Union (CCPU), granting them similar one -time payments. The bill's provisions, detailed in WIC Section 10277.1(c) and 10277.2, facilitate financial support, aiming to assist child care providers during this transitional phase. SB 140 stands as a legislative measure aimed at bolstering the childcare sector by offering financial assistance to eligible providers and centers, acknowledging their essential role in the state's childcare landscape.

The City of Colton maintains a contract wit h the Department of Education for the CA State Preschool Program (CSPP ). SB 140 outlines that Contractors, like Colton, will receive an additional allocation for “Cost of Care Plus” associated with provider payments. Colton received a one-time payment of $ 51,360 in accordance with SB 140. These funds are intended to support various aspects, including operational costs, staffing, training, supplies, equipment, and initiatives aimed at enhancing the quality of childcare services provided. No “spend -by” timeframe was designated in SB 140.

It is recommended the City approves Resolution R -12-24 to receive the additional funds to date and any other payments assessed.

FISCAL IMPACTS

Resolution R-12-24 amends the Fiscal Year 202 3-2024 adopted budget to increase revenues and appropriations by $ 51,360 in the Child Care Fund to accept the additional funding in the following accounts:

REVENUE: Account Number 206-5774-001
EXPENDITURES: Account Number 206-7200-7210-3890-001

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. R-12-24 Early Care and Education Additional Funding SB 140-CDE

2. CDE Email Re SB 140 and Cost of Care Plus
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RESOLUTION NO. R-12-24

A RESOLUTION OF THE CITY COUNCIL ALLOWING THE RECEIPT OF FUNDS

TO THE EARLY CARE AND EDUCATION DIVISION OF THE COMMUNITY

SERVICES DEPARTMENT VIA THE CALIFORNIA DEPARTMENT OF
EDUCATION AND SB 140

WHEREAS, the City of Colton , Early Childhood Education (ECE) Division of the Community Services Department (CSD) holds one (1 ) California Department of Education (CDE) Contract, and one (1) California Department of Social Services (CDSS) Contract, thus considered a CDE and CDSS Funded Agency.

WHEREAS, CDE, with Senate Bill 140 , is authorized to award funds for payments to state-funded child care centers.

WHEREAS, the ECE Division has received a check in the amount of $51,360 WHEREAS, the ECE Division intends to add this amount to funds in order to plan, create, and install a second restroom with child-sized toilets and a hand-washing station for our Paul J. Rogers Child Development Center.

NOW, THEREFORE, THE CITY COUNCIL OF THE CI TY OF COLTON DOES

HEREBY RESOLVE AS FOLLOWS
Section 1: The staff report accompanying this resolution is found to be accurate, adopted as findings, and incorporated into this resolution.

Section 2: City approves the CDE SB 140 Funds.

Section 3: In order to account for this funding, City Council hereby approves amending the Fiscal Year 2023-2024 budget to increase revenues and appropriations as follows:

REVENUE: Account Number 206-5774-001
EXPENDITURES: Account Number 206-7200-7210-3890-001

PASSED, APPROVED, AND ADOPTED THIS 5H DAY OF MARCH 2024

________________________________________
FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

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ITEM NO. 12

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TOM WELCH, ECONOMIC DEVELOPMENT MANAGER
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO ACCEPT A GRANT

FROM THE MANUFACTURED HOUSING OPPORTUNITY
REVITALIZATION (MORE) FUND TOTALING $1,025,000,
RESOLUTION R-11-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve and Adopt Resolution No. R-11-24 authorizing the acceptance of the 2023/2024 Manufactured Housing Opportunity Revitalization (MORE) Grant award; and,

2. Authorize the City Manager to execute any related documents.

BACKGROUND

The California Department of Housing and Community Development helps to provide stable, safe hom es affordable to veterans, seniors, young families, farm workers, tribes, people with disabilities, and individuals/families experiencing homelessness. The MORE program helps fund a variety of activities intended to keep mobile home parks a safe and affor dable homeownership option. Funds can be used for activities such as acquisition, rehabilitation, and replacement of mobile homes. The Colton Economic Development D ivision received notification that it has been awarded $1,025,000 from an MORE grant for FY2023-24. This grant requires no matching funds.

ISSUES/ANALYSIS

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despair and are vulnerable to numerous safety and building code violations. The MORE grant will provide the City with $1,025,000 to be used for mobile home rehabilitation.

Under the Authorization of the City Manager, the Economic Development Department will provide up to forty-one (41) grants totaling $25,000 each to low -income residents for the following activities:
• Repair or replacement of structural items such as roof, porches, steps, sliding partitions, windows, doors.
• Repair or replacement of listings of electrical, heating, and plumbing items. • Painting
• Termite inspections and extermination
• Special rehabilitations necessary for accessibility for elderly or persons with disabilities, such as grab bars, handrails, ramps.
• Work in compliance with Federal Regulations for Lead Based Paint Hazards & Asbestos

Eligible repairs include serious health and safety issues as defined in Section 17920.3 of the California Health & Safety Code.

Eligibility requirements are the following:

• Applicant Mobile Home must be within the City of Colton. • The home must be owner occupied and reside in the mobile home requesting the repairs for at least one year.
• The home must be located within the incorporated Colton City limits. • One application per Household
• Household income cannot exceed 80% of San Bernardino County Income Limits • Property cannot be located within a flood hazard zone.

Upon approval of Resolution, further details will be provided regarding the application process and release of funds. Please note that this grant do es not automatically renew. Once all funds have been exhausted, the program will be terminated unless additional funding is provided by the State.

FISCAL IMPACTS

Approval of the Resolution NO. R-11-24 will:

1. Amend FY2023 -24 Budget to increase revenues in Misc. Grant Fund Revenue Account # 225-5854-000 by $1,025,000

2. Amend FY2023-24 Budget to increase revenues in Misc. Grant Expenditure Account # 225-6020-6241-2400-0000-000 by $1,025,000

ALTERNATIVES

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1. Provide alternative direction to staff.

ATTACHMENT

1. Resolution No. R-11-24
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RESOLUTION NO. R-11-24

A RESOLUTION OF THE CIT Y COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $1,025,000 FROM THE CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT WITH ITS ACCOMPANYING MOU AND AMEND THE FISCAL YEAR 2023-2024 BUDGET

WHEREAS, the Budget for the City of Colton for the Fiscal Year commencin g July 1, 2023 and ending June 30, 2024 was approved and adopted: and

WHEREAS, The approved budget is in accordance with all applicable ordinances of the Cit of Colton and all applicable statutes of the State; and

WHEREAS, On Decem ber 19 , 2023 t he Manufactured Housing Opportunity & Revitalization (MORE) Grant was awarded to the City of Colton Economic Development Department in the amount of $1,025,000; and

NOW, THEREFORE , the City Coun cil of the C ity of Colton does resolve as follows:

Section 1. Approval of Resolution 11-24 will:

1. Amend FY 2023 -24 Budget to increase revenues in Misc. Grant Fund Revenue Account # 225-5854-000 by $1,025,000

2. Amend FY 2023-24 Budget to increase revenues in Misc. Grant Expenditure Account # 225-6020-6241-2400-0000-000 by $1,025,000

Section 2. The Resolution is hereby approved, adopted and incorporated herein.

PASSED, APPROVED AND ADOPTED this 5th day of March, 2024.

________________________________
FRANK J. NAVARRO, Mayor

ATTEST:

STEPHANIE VARGAS, Deputy City Clerk

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ITEM NO. 13

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE NOTICE OF COMPLETION FOR THE LA CADENA WATERLINE RELOCATION PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the execution and recordation of a Notice of Completion for La Cadena Waterline Relocation Project.

2. Approve Change Order No. 1 for the La Cadena W aterline Relocation Project in the amount of $31,489.43 and authorize the City Manager to execute Change Order No. 1 (Exhibit B).

BACKGROUND

The City of Colton depends on proper functioning of water mainlines to facilitate distribution of water to all re quired areas of use. The City of Colton has asbestos cement pipe (ACP) water mains in several streets throughout the City. These pipelines typically have a useful life of 50 years due to corrosion and wearing down of the pipe along with constituent membe rs such as valves, fittings and points of connection.

The relocation and replacement of the 6 -inch ACP mainline located along La Cadena Drive was proposed due to its deteriorating condition , and its age exceeded its useful life by over 10 years since its original installation in 1962. Continued utilization of the mainline would likely result in failure and may pose significant safety risks and repair costs for the City. In addition, the pipeline currently lies adjacent to a housing tract of homes, which could be potentially impacted by any damage by pipe failure in the future.

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ISSUES/ANALYSIS

On July 18, 2023, the City Council awarded the construction contract to MCC Equipment Rentals Inc. for the La Cadena Waterline Relocation Project for $241,241.24 . The Notice to Proceed for the Project was issued on August 7, 2023.

During the tie -in activities of our water pipeline replacement project, unforeseen conditions emerged, necessitating prompt decision -making. Some of these unanticipated challenges included the discovery of abandoned and unma rked utilities, adding a layer of complexity to our tie-in process. Additionally, it was found that the existing water line that we were tying into , was leaking and the soil in the area was saturated. Faced with t hese unexpected circumstances, staff recognized that failing to make a timely decision would have jeopardized the progress of the tie-in and we would have incurred additional costs. Critical factors, such as mobilization and demobilization expenses, secur ing of trenches, and open excavations were at stake. Moreover, the potential repercussions extended to our customers, as a second -day water shutdown would have been required. Due to these unforeseen project conditions, additional material, equipment, and manpower were necessary to complete the work. The additional work identified in Change Order No.1 (Exhibit A) resulted in a contract change in the amount of $31,489.43. The Project was completed per plans and specification on December 1, 2023. The final contract amount for this project is $272,730.67.

FISCAL IMPACTS

Sufficient appropriations for the Change Order are available in the Water Fund Mainline Replacement Capital Improvement Account #521-8100-8106-3890-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A- Notice of Completion

2. Exhibit B - Change Order #1
13 Packet Pg. 299

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO

Name: City of Colton

Street 650 N. La Cadena Drive
Address

City & Colton, California
State California
Zip 92324

SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

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

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

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).

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

Names Addresses

N/A N/A

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

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on DECEMBER 1, 2023

8. The name of the original contractor, if any, for the work of improvement was MCC EQUIPMENT RENTALS INC. The kind of work done or material furnished was INSTALLATION OF 8-INCH DIP PIPELINE ALONG LA CADENA DRIVE.

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: LA CADENA DR. WATERLINE RELOCATION PROJECT.

The street address of the said property is in the vicinity of La Cadena Drive (NO APN)

Dated: ______________________________________(Signature) Victor Ortiz, P.E., City Engineer

VERIFICATION
I, the undersigned say:

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

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

Executed at _______Colton_________, California, this _____________ day of ___________, 2024_.

____________________________________
(SIGNATURE)

13.a
Packet Pg. 300
Attachment: Exhibit A- Notice of Completion (4389 : Notice of Completion - La Cadena Waterline) DATE:

FROM: VICTOR ORTIZ, PE, CITY ENGINEER

CITY OF COLTON
TO: MCC PIPELINE INC

YUCAIPA CA
INSTRUCTIONS TO THE CONTRACTOR AT THE REQUEST OF THE CITY ENGINEER:

These modifications are based upon site requirement for the completion of the project.

I. INCREASED QUANTITY
Item No Description of Work Quantity Unit Unit Cost Total Cost 13A 1 LS 17,095.38$ = $17,095.38
13B LA CADENA FOGG TIE-IN 1 LS 40,638.00 $ $40,638.00
13C ADDITIONAL POTHOLING 1 LS 7,440.00 $ $7,440.00
SUB-TOTAL = $65,173.38
II. DECREASED QUANTITY
Item No Description of Work Quantity Unit Unit Cost Total Cost 6 12" HOT TAP AT FOGG 1 LS 10,100.00$ $10,100.00
11 TRENCH REPAIR 1315 SF 10.33$ $13,583.95
13 PREAUTHORIZED FIELD ORDERS 1 LS 10,000.00$ $10,000.00 SUB-TOTAL = $33,683.95
TOTAL AMOUNT OF CHANGE ORDER #1 = $31,489.43
III. CONTRACT AMOUNT RECONCILLATION
ORIGINAL AMOUNT OF CONTRACT = 241,241.24$
CHANGE ORDER NO.1 $31,489.43
TOTAL COST OF CONTRACT AS PER CHANGE ORDER NO. 1 = 272,730.67$ February 20, 2023

PUBLIC WORKS DEPARTMENT- ENGINEERING SECTION
CONTRACT CHANGE ORDER NO. 1

LA CADENA DRIVE WATERLINE PROJECT
TIME AND MATERIAL - 3 CROSSING
The amount of the contract will be decreased by the sum of$31,489.43 and the contract time shall be extended by30 calendar days. The undersigned Contractor approves the foregoing Change Order # 1as to the changes, if any, in the contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said ChangeOrder # 1. The Contractor agrees to furnish all labor and materials and perform all other necessary work, inclusive of the directlyor indirectly related to the approved time extension, required to complete the Change Order items. This document will become a supplement ofthe contract and all provisions will apply hereto. It is understood that the Change Order shall be effective when approved by the Owner.

Execution of this Change Order by the Contractor constitutes a binding accord and satisfaction that fully satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in Contract, law or equity, arising out of or related to the subject of the change order, whether known or unknown, including but not limited to direct and indirectcosts and/or damages for delay, disruption, acceleration, loss of productivity, and stacking of trades, as well as any and all consequential damages.

BRIAN DICKINSON, PUBLIC WORKS DIRECTOR DATE

BILL SMITH, CITY MANAGER DATE
MCC PIPELINE, INC. DATE

13.b
Packet Pg. 301
Attachment: Exhibit B - Change Order #1 (4389 : Notice of Completion - La Cadena Waterline)

13.b
Packet Pg. 302
Attachment: Exhibit B - Change Order #1 (4389 : Notice of Completion - La Cadena Waterline)

ITEM NO. 14

STAFF REPORT

DATE: MARCH 5, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BILL SMITH, CITY MANAGER
SUBJECT: WAIVE FULL READING, READ BY TITLE ONLY AND PASS FIRST READING OF AN ORDINANCE REPEALING SECTION 5.08.040 OF

THE COLTON MUNICIPAL CODE PROHIBITING JOINT

OCCUPANCY OF DWELLINGS, APARTMENTS, HOTELS, AND

SIMILAR LODGING FACILITIES BY MEMBERS OF THE OPPOSITE
SEX, ORDINANCE NO. O-3-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Introduce Ordinance O-3-24, repealing Section 5.08.040 of the Colton Municipal Code prohibiting joint occupancy of dwellings, apartments, hotels and similar lodging facilities by members of the opposite sex.

RECOMMENDED ACTION

That the City Council introduce the attached ordinance repealing section 5.08.040 of the Colton Municipal Code prohibiting joint occupancy of dwellings, apartments, hotels and similar lodging facilities by members of the opposite sex. If introduced, Staff will bring the attached ordinance back to the Council at a later meeting for adoption.

BACKGROUND

Section 5.08.040 of the Colton Municipal Code dates back to 1953 and makes it unlawful “. . . for any two persons of the opposite sex, except husban d and wife or parent and minor child, to occupy jointly and privately for lodging or sleeping purposes any room or rooms in any dwelling, apartment house, private rooming house, lodging house, hotel or other building in the City. . . . “
14 Packet Pg. 303
Staff Report to the Mayor and City Council
Ordinance Repeal - 5.08.040
March 5, 2024

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Colton City CouncilMarch 5, 2024

Colton City Council
March 5, 2024