Agenda packet — Colton City Council, April 2, 2024 (part 2 of 3)

project frontage. 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 half - street requirement is the same as what was developed in fr ont of adjacent logistics project located at 1600 Agua Mansa Road. The inclusion of the requirement for full -width improvements was a staff error.

ANALYSIS

The proposed Modification of Zoning Entitlements is to amend 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 project frontage to be maintained by the developer/owner.

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

Agua Mansa Road Improvements

The street right of way for Agua Mansa Road has not
been fully defined as a formal road. Therefore, the
applicant will be dedicating portions of their property and buying other properties in the area for road right-of- way to complete the half -width street improvements and additional righ t-of-way for the northern lane
(westbound) with a shoulder space. The applicant has
provided exhibits that were shown during the Planning
Commission and City Council meetings during the
approval process.

The hatched areas on the exhibits show areas whe re
street dedication is required within the City of Colton and within the County of San Bernardino.

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Staff Report to the Mayor and City Council
1400-1500 Agua Mansa Road Modification to Zoning Entitlements April 2, 2024

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Attachments 1 and 2 of this report provide colored street exhibits which show the center line of the street, location of roadway , and areas of street dedic ation and vacation.

Street Center Line of Agua Mansa Road – 45-feet, plus to fix grade differences

Because of the different grade elevations of the new from existing street, the applicant will need to correct the grading to have a safe two -way lane road. This does require the property owner to also pave the northern lane and provide a shoulder space on the edge of the northern part of the road, which includes development of the roadway depicted in green color in the exhibit excerpt above.

In this cas e, there are several challenges for the developer , including addressing the grade differences along Agua Mansa Road that will require the developer to correct as part of the street improvements along Agua Mansa Road frontage. This is a common practice in t he construction of streets and completion of half -street improvements for a project. The applicants are aware of the additional pavement or street development requirements and have included the improvements as part of their street development plans for Agua Mansa Road.

The two-lane highway will look like what was constructed at 1600 Agua Mansa Road. There are no bottle neck areas, nor five lanes planned for Agua Mansa Road , as suggested by the speakers at the March 5, 2024, City Council meeting.

ENVIRONMENTAL DETERMINATION

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 . 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 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

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Staff Report to the Mayor and City Council
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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_ Agua Mansa Road area ROW West and East

2. Attachment 2_City Council Reso No. R-15-24_DAP24-0007_3-5-24

3. Attachment 3_City Council Reso No. R-16-24_DAP24-0008_3-5-24

4. Attachment 4_City Council Reso No. R-17-24_DAP24-0011_3-5-24

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Attachment: Attachment 1_ Agua Mansa Road area ROW West and East (4448 : 1400-1500 Agua Mansa Road Modification to Zoning Entitlements)

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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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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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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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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 PERM IT TO ALLOW A BUILDING HEIGT 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 95 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 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

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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WHEREAS, pursuant to CEQA Guidelines sec tion 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 t o 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 Roa d 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

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 all 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 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 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.

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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.

SECTION 5 . ADOPTION OF THE MITIGATION MONITORING AND
REPORTING PRO GRAM. 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 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, 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,

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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 str eet 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 internal 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 squ are 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 requirement of the Zoning Code and other related regulations designed for the purpose of ensuring that developments not cause serious public health problems. Condit ions 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

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modification is only a correction of Public Works En gineering 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 improvements 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 use will be provided, and that these will be substantially equiva lent 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 authority is hereby granted to the Advisory Agency or legislative bo dy 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 projec t 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 of wastes from the proposed subdivision into an existing communit y 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 tha t 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 Public Works have reviewed and conditionally approved the proposal t o 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 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.

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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:

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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 d edication 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. 3

STAFF REPORT

DATE: APRIL 2, 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 MARCH 19, 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 March 19, 2024.

BACKGROUND
Minutes for the City Council Regular Meeting Held on March 19, 2024.

FISCAL IMPACTS
None

ATTACHMENT

1. 03-19-2024 - Draft Minutes
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CITY COUNCIL/COLTON UTILITY AUTHORITY/

COLTON PUBLIC FINANCING AUTHORITY AND COLTON HOUSING AUTHORITY

REGULAR MEETING MINUTES

March 19, 2024

Closed Session Meeting held on the above given date at 5:00 p.m., in the Council Chamber of City Hall, with Mayor Navarro presiding.

CITY COUNCIL ROLL CALL
Councilmembers present were Council Members Toro, Chastain, González, Mayor Pro Tem Echevarria and Mayor Navarro.

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

PUBLIC COMMENT
None

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

A. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant Exposure to Litigation
Pursuant to Government Code section 54956.9(d)(2)/(e)(1) One (1) Potential Case
B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
Stephanie Moulas v. City of Colton, et al.

San Bernardino County Superior Court, Case No. CIVSB2401378 C. CONFERENCE WITH LEGAL COUNSEL - WORKERS’ COMPENSATION CLAIM Pursuant to California Government Code, Section 54956.9 (d)(1) Case Name (s) Richard Aragon vs City of Colton

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

City Attorney Reports/Reportable Action

City Attorney Campos announced that the City Council met in Closed Session and discussed Item A , B, and C; direction was given but there was no reportable action.

__________________________________________________________________________________________

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March 19, 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) Member Thomas Leon

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

 Introduction – Fire Department Promotions
Fire Chief Timothy McHargue introduced newly promoted Battalion Chief/Fire Marshal Jon Boggs, Battalion Chief Tom DeBellis, and Captain Adam Chittenden to the City Council. Chief McHargue gave a brief history of their outstanding service to the City of Colton, and he expressed how proud he is of their success.

 Business Focus – DM Contracting
CM González presented a Recognition Certificate to DM Contracting; accepted by business owner David Magana along with additional members of his family.

 Proclamation – Arbor Day
CM Chastain read a Proclamation Certificate – Arbor Day, March 30, 2024; accepted by Jessica Sutorus, Environmental Conservation Supervisor.

MAYOR AND COUNCIL ITEMS

POSSIBLE CONFLICT OF INTEREST DISCLOSURES FOR THE COUNCIL MEETING OF MARCH 19, 2024.

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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
None

MAYOR AND COUNCIL DISCUSSION ITEMS

None

PUBLIC HEARINGS

(1) Appeal - Amendment of Iron Horse Hills Tentative Tract Map No. 16798 and Development Agreement -TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO APPROVE AND

ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION’S DECISION OR GRANTING

THE APPEAL OF THE PLANNING COMMISSION DECISION APPROVING AMENDMENT TO IRON HORSE HILLS TENTATIVE TRACT MAP NO. 16798 (Case Index No. DAP -001- 343/643) FOR A 184 SINGLE FAMILY LOTS SUBDIVISION WITH THREE PARKS, OPEN

SPACE, DETENTION BASINS AND OTHER RELATED INFRASTRUCTURE THROUGHOUT THE 119.6 -ACRE SITE (FILE INDEX NO.: DAP24 -0013) AND A SECOND AMENDMENT AND RESTATED DEVELOPMENT AGREEMENT (Case Index No. DAP -001-343/770) FOR TENTATIVE TRACT MAP NO. 16798 REVISIONS TO INTERNAL CIRCULATION,

INCLUDING POINT OF EMERGENCY ACCESS, CLARIFICATION OF TERMS, AND

REMOVING TERMS THAT ARE NO LONGER APPLICABLE WITHIN THE RECHE CANYON SPECIFIC PLAN - RESIDENTIAL ESTATE ZONE (FILE INDEX DAP24 -0013), RESOLUTION NO. R-26-24, RESOLUTION NO. R-27-24, & ORDINANCE NO. O-04-24.

The Mayor opened the Public Hearing.

City Manager William R. Smith Requested that Council Continue the Public Hearing item to the April 2, 2024 Council Meeting.

Motion and Second by CM González/ MPT Echevarria to keep the Public Hearing open and continue the item to the regular scheduled April 2, 2024 Council Meeting.

Vote: Unanimous, Motion Passes

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(2) Public Hearing - Weed Abatement - TIME AND PLACE FIXED TO CONSIDER A PUBLIC HEARING TO DISCUSS THE CITY'S ANNUAL WEED ABATEMENT PROGRAM.

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
Jon Boggs, Battalion Chief/ Fire Marshall, presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None

Motion and Second by CM Toro/ CM Chastain to close the Public Hearing item.

Vote: Unanimous, Motion Passes.

Council Discussion
Discernment and discussion between the Councilmembers present, with clarification and comments provided by Battalion Chief/ Fire Marshall Jon Boggs, and City Manager William R. Smith.

Motion and Second by CM González/ MPT Chastain to approve the Public Hearing item.

Vote: Unanimous, Motion Passes

BUSINESS ITEMS

(1) Agreement - San Bernardino City Animal Shelter - Approve an Agreement with the City of San Bernardino for Animal Shelter Services.

Staff Presentation
Police Lieutenant Raymond Mendez presented for Council an overview of the agenda item and requested approval of staff’s recommendation.

Public Comment
None.

Council Discussion
Discernment and discussion between the Councilmembers present, with clarification and comments provided by Police Lieutenant Raymond Mendez and Kristine Watson, the Director of the San Bernardino Animal Shelter.

Motion and Second by CM Toro/ CM Chastain to approve the San Bernardino City Animal Shelter Agreement.

Votes: Unanimous, Motion Passes.

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PUBLIC COMMENT
The following community members addressed the Council: John Stylianides

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CONSENT CALENDAR
Mayor Navarro presents the Consent Calendar Items 4 through 16.

Councilmembers present selected items for clarification by staff: CM Chastain , CM Toro; Brian Dickinson, Director of Public Works & Utilities, provided the clarification needed.

Motion and Second by CM González/CM Toro to approve consent calendar Items 4 through 16.

Vote: Unanimous, Motion Passes

(4) Minutes - Approval of Minutes for the City Council Regular Meeting Held on February 20, 2024, the City Council Special Meeting Held on February 26, 2024, & the City Council Regular Meeting Held on March 5, 2024.

(5) Warrants - Approve US Bank voucher dated 01/04/2024 totaling $61,700.40; voucher numbers 210716 to 210865 dated 02/15/2024 and totaling $674,284.06; voucher numbers 210866 to 210979 dated 02/22/2024 and totaling $722,577.14; a payroll disbursement listing dated 12/23/2023 to 01/05/2024 totaling $1,096,813.85 and a payroll disbursement listing dated 01/06/2024 to 01/19/2024 totaling $1,057,000.13.

(6) Agreement - Enterprise Fleet Management Inc. - Approve a Master Equity Lease Agreement with Enterprise Fleet Management Inc., for Light-duty Vehicle Lease and Maintenance Program for the Public Works and Utility Services Department, in Accordance with Colton Municipal Code 3.08.140(C).

(7) Agreement - Rivers & Lands Conservancy - Approve and Adopt a Resolution to Enter into an Agreement with Rivers and Lands Conservancy, RESOLUTION NO. R-22-24.

(8) Change Order - Aqua-Ben Corporation - Approve a Change Order for the Purchase of HydroflocTM 750A and 751 Polymer from Aqua-Ben Corporation in the Amount of $200,000 for a Total Aggregate Amount of $400,000 for Use at the City’s Wastewater Treatment Plant, in Accordance with Colton Municipal Code 3.08.140(b).

(9) Contract Amendment - Tule Ranch - Approve an Amendment to the Contract with Tule Ranch in Order to Provide Hauling and Disposal Services for Class B Bio-Solids at the Colton Wastewater Treatment Plant.

(10) Contract Award - Cat Tracking, Inc. - Approve and Adopt a Resolution to Award a Contract for the Washington Street Class II Bicycle Route Project to Cat Tracking, Inc. for $248,285.60.

(11) Contract Award - Various Transformers - Approve Contract Award for Various Transformers to Howard Industries, Inc., C/O Young & Company, in the Amount of $177,991.14.

(12) Notice of Completion - Cooley Drive Landscape Project - Approve Notice of Completion for the Cooley Drive Landscape Rehabilitation Project.

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(13) Purchase - Select Equipment - Approve the Purchase of One Hyundai 70D-9 Forklift, from Select Equipment for the Electric Utility Department for $98,884.53.

(14) Traffic Safety Committee Recommendations - Authorize Approval of Multiple Traffic Safety Committee Unanimous Recommendations.

15) Second Reading of Ordinance No. O-02-24 - Waive Full Reading, Read by Title Only and Approve Second Reading of 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.

(16) Second Reading of Ordinance No. O-03-24 - Waive Full Reading, Read by Title Only, and Approve Second 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.

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

CITY MANAGER'S REPORTS
None

ADJOURNMENT

At 7:23 p.m. Mayor Navarro adjourned the Regular Council Meeting in Memorium for; Molly Carrasco and James Lopez Sr.

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

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ITEM NO. 4

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STACEY DABBS, FINANCE DIRECTOR
SUBJECT: APPROVE VOUCHER NUMBERS 210980 TO 211057 DATED 02/27/2024 AND TOTALING $84,748.35; VOUCHER NUMBERS
211058 TO 211193 DATED 02/29/2024 AND TOTALING
$1,923,775.41; VOUCHER NUMBERS 211194 TO 211216 DATED
03/04/2024 AND TOTALING $152,348.61; VOUCHER NUMBERS
211217 TO 211292 DATED 03/07/2024 AND TOTALING
$1,363,805.27; WIRES DATED 03/12/2024 AND TOTALING
$5,079,917.83; A PAYROLL DISBURSEMENT LISTING DATED
01/20/2024 TO 02/02/2024 TOTALING $1,126,134.84 AND A
PAYROLL DISBURSEMENT LISTING DATED 02/03/2024 TO
02/16/2024 TOTALING $1,080,943.78.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve voucher numbers 210980 to 211057 dated 02/27/2024 and totaling $84,748.35; voucher numbers 211058 to 211193 dated 02/29/2024 and totaling $1,923,775.41; voucher numbers 211194 to 211216 dated 03/04/2024 and totaling $152,348.61; voucher numbers 211217 to 211292 dated 03/07/2024 and totaling $1,363,805.27; wires dated 03/12/2024 and totaling $5,079,917.83; a payroll disbursement listing dated 01/20/2024 to 02/02/2024 totaling $1,126,134.84 and a payroll disbursement listing dated 02/03/2024 to 02/16/2024 totaling $1,080,943.78.

BACKGROUND

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

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Warrants - Accounts Payable
April 2, 2024

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ISSUES/ANALYSIS

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

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Fund Number and Title Legend

2. Voucher lists

3. 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. 5

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO RATIFY THE
ACCEPTANCE OF $1,200 FROM SAN BERNARDINO COUNTY

BOARD OF SUPERVISORS DISCRETIONARY FUNDS TO

PURCHASE CLAY/BRICK DUST FOR DAVIS PARK PITCHING

CAGE AND INCREASE REVENUES AND APPROPRIATIONS IN
THE AMOUNT OF $1,200, RESOLUTION NO. R-28-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the acceptance of $1,200 from the San Bernardino County Board of Supervisors Discretionary Fund for the purchase of brick dust for the pitching cage at Davis Park.

BACKGROUND

In October 2023, the Sa n Bernardino County Board of Supervisors reached out to the City of Colton to inform us of the availability of discretionary funds earmarked for facilities enhancement. The purpose of these funds is to improve amenities within our community, with a specific focus on the pitching cage at Davis Park. In r esponse to this communication, C ity staff promptly initiated the process of soliciting quotes from vendors for the necessary materials, particularly brick/clay dust, to address the erosion and deterioration of the pitching cage surface.

ISSUES/ANALYSIS

Over the years, the Davis Park pitching cage has served as a vital recreational resource for our community, particularly for young athletes honing their skills in baseball and softball. However, prolonged use and exposure to the elements, including winter weather and rain, have taken a toll on the integrity and usability of the pitching cage's surface material, namely the brick/clay dust. 5 Packet Pg. 358
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The erosion of the brick/clay dust has significantly diminished the effectiveness and safety of the pitching cage, compromising its functionality for players and coaches alike. This degradation not only detracts from the overall experience of users but also poses potential safety hazards due to uneven surfaces and reduced traction.

Given the importance of maintaining quality recreational facilities for the well -being and enjoyment of our residents, it is imperative that we take proactive measures to address the deterioration of the Davis Park pitching cage. The availability of discretionary funds presents a timely opportunity to undertake necessary repairs and enhancements, ensuring that this essential community asset remains accessible and safe for all.

FISCAL IMPACTS

Acceptance of the discretionary funds will increase FY 202 3/24 revenues by $1,200 in revenue account number 100-7847-000 and increase appropriations by a corresponding amount in account number 100-6150-6205-2301-0000-000 to purchase the brick dust.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution R-28-24 Approve Resolution to Accept Discretionary Funds from County for Clay-Brick Dust 04.02.2024
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23152.06020\32617662.1

RESOLUTION NO. R-28-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON TO

RATIFY ACCEPTANCE OF THE COUNTY BOARD OF SUPERVISORS
DISCRETIONARY FUNDS AWARD OF $1,200 TO PURCHASE CLAY/BRICK

DUST FOR THE DAVIS PARK PITCHING CAGE, AND TO INCREASE
REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $1,200.

WHEREAS, The City of Colton was awarded funding from the County Board of Supervisors Discretionary Fund for $1,200 to the City of Colton for the purchase of Clay/Brick Dust; and

WHEREAS, The re-allocation of appropriations between department activities may be made by the City Manager, amendments (increases/decreases) to the budget shall be by approval and Resolution of the City Council; and

NOW, THEREFORE, BE IT RESOLVED,

SECTION 1. Ratify the acceptance of a $1,200 discretionary fund grant from the San Bernardino County Board of Supervisors for the purchase of Clay/Brick Dust.

SECTION 2. Increase FY 2023/24 revenues by $1,200 in Account Number 100-7847- 000, and increase appropriations in Account Number 100-6150-6205-2301 by $1,200 to purchase Clay/Brick Dust

PASSED, APPROVED and ADOPTED by the City Council of the City of Colton at a regular meeting of said Council held on the 2nd day of April, 2024.

City of Colton

FRANK J. NAVARRO, Mayor

ATTEST:

CAROLINA R. PADILLA, City Clerk

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ITEM NO. 6

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE AND ADOPT AN AGREEMENT WITH THE COLTON

JOINT UNIFIED SCHOOL DISTRICT TO PROVIDE TWO SCHOOL
RESOURCE OFFICERS FOR FY24/25.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve a Professional Services Agreement with the Colton Joint Unified School District, for law enforcement services an additional one year, beginning July 1, 2024 and ending June 30, 2025; and,

2. Authorize the City Manager to execute the agreement.

BACKGROUND

The Colton Joint Unified School District (CJUSD) has agreed to continue to pay all total compensation costs of two (2) assigned Colton Police Department School Resource Officers (SRO), including but not limited to all salary, overtime, and benefits. The partnership between the Police Department and the School District has been extremely successful an d both parties wish to continue the partnership.

The CJUSD serves students from Colton and neighboring areas, such as Grand Terrace, Bloomington, Rialto and Fontana. Within the jurisdictional boundaries of the Colton Police Department the District operates a high school, middle school and numerous elementary schools, which service approximately 9,000 students. The primary purpose of the SRO program is to provide for the safety and security of students, staff, and all persons regularly on or around school grounds. In the event of a major incident, having an officer assigned as an SRO, the 6 Packet Pg. 362
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officer is in direct communication with school security and staff, and can quickly summon needed resources.

While the primary purpose of the SRO is safety and security, other duties and responsibilities include, but are not be limited to:
 Prevention and deterrence of criminal activity on and near school campus  Investigation of criminal offenses occurring on school campus  Assistance to school staff and officials in develo ping proactive programs which promote safety and security on school campus
 Provision of counseling, presentations, and information to students, parents, and school officials
 Assistance to school officials with student discipline, attendance and sporadic home visits if a student's alleged conduct of behavior involves criminal conduct  Provision of technical and informational assistance to schools and community agencies  Coordination of law enforcement and traffic needs, between the City and District

ISSUES/ANALYSIS

The existing agreement expires June 30, 2024. Both the Colton Police Department and the Colton Joint Unified School District desire to renew the agreement for an additional one -year term, beginning July 1, 2024 and ending June 30, 2025.

Under the “Agreement,” paragraph 9, states: The term of this Agreement shall commence on July 1, 2024 and shall expire on June 30, 2025 unless the Parties earlier terminate this Agreement as provided herein or agree in writing to extend this Agreement. Either Party may terminate this Agreement at any time by providing thirty (30) days prior written notice to the other Party.

FISCAL IMPACTS

As provided by the proposed agreement, Colton Joint Unified School District will fund the fully burdened cost of two (2) SROs for the term of the agreement. The FY2024-25 budget includes a request to include General Fund revenues from this agreement in account number 100-5782-000.

The salaries and benefits of the SRO positions are included in the department requested FY2024- 25 budget in the General Fund Police expenditure account group 100-6070-6072.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Colton (CJUSD) Agreement for SRO 2024-25
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AGREEMENT

FOR THE PROVISION OF SCHOOL RESOURCE OFFICER

BETWEEN

CITY OF COLTON
AND

COLTON JOINT UNIFIED SCHOOL DISTRICT
This Agreement for the Provision of School Resource Officer (the “Agreement”) is made and entered into this 1st day of July 2024, by and between the City of Colton, hereinafter referred to as “City,” and the Colton Joint Unified School District, hereinafter referred to as “District.” The City and the District may be ref erred to in this Agreement as “Party” or “Parties” as the context may require.

RECITALS
WHEREAS, the City desires to promote cooperation and mutual understanding through its Police Department; and
WHEREAS, the District desires to further promote good citiz enship and mutual respect between Police and pupils; and
WHEREAS, the District desires the services of the school resources officers on the District's school campuses.

TERMS
NOW, THEREFORE, be it agreed as follows:

1. The City agrees to assign two persons trained in the field of law enforcement ("School Resource Officer") to the District at Colton High School, Colton Middle School and Elementary Schools as further described in Exhibit “A”, attached hereto and incorporated herein. The District shall pay all total compensation costs of the School Resource Officer, including but not limited to all salary, overtime, and benefits costs. Such total compensation costs shall be based on actual City total compensation rates for the law enforcement officer classification from which each School Resource Officer is selected, not to exceed the classification of a Police Officer E salary scale.

2. The City shall incur all training costs for School Resource Officers.

3. If the regularly assigned School Resource Officer is unavailable, the City is not required to provide coverage on an overtime basis to fulfill this obligation.

4. The District shall supply office space, computer, necessary furniture, an office telephone, and a cellular phone and service plan to School Resource Officer. T he District shall supply necessary office supplies and any assistance necessary to carry out duties under this Agreement.

5. The City will make available City police motor vehicles to the School Resource Officer for the performance of the services to be rendered under this Agreement.

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6. The precise responsibilities of the School Resource Officer shall be mutually agreed upon between the District's designated representative and the City's designated Police Department representative. The School Resource Officer shall be evaluated regularly by their immediate City Police Department supervisor with input from the school principal and/or District's designated representative. The School Resource Officer shall fall under the direct supervision of the Colton Police Department at all times. The School Resource Officer will be supervised by a sworn officer on duty during the officer's shift, who has a rank of Corporal or above. The School Resource Officers' duties and responsibilities shall include, but not be limited to:
a Prevention and deterrence of criminal activity on and near school campus; b Assistance to school staff and officials in developing proactive programs which promote safety and security on school campus;
c Provision of counseling, presentations, and information to students, parents, and school officials;
d Investigation of criminal offenses occurring on school campus; e Assistance to school officials with student discipline, attendance and sporadic home visits if a student's alleged conduct of behavior involves criminal conduct;
f Provision of technical and informational assistance to schools and community agencies;
g Reporting of contacts with pupils, parents, staff and community members to the site principal on a regular basis;
h Develop youth intervention programs and;
i Other duties as assigned.

7. The District shall ensure that school administrators and staff in the District cooperate with police investigations and any subsequent actions related to crime or criminal activity on the District's school campuses.

8. Information sharing is critical for the success of the program. Unless barred by specific statute including without limitation the Family Educational Rights and Privacy Act of 1974, the Health Insurance Portability and Accountability Act of 1996, the California Public R ecords Act, or other state and federal privacy laws, both the City and District will freely and proactively share all pertinent information.

9. The term of this Agreement shall commence on July 1, 202 4 and shall expire on June 30, 2025 unless the Parties earlier terminate this Agreement as provided herein or agree in writing to extend this Agreement. Either Party may terminate this Agreement at any time by providing thirty (30) days prior written notice to the other Party.

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10. The Parties hereto agree that the Sch ool Resource Officer program shall be reviewed and evaluated annually in June during the term of the Agreement. Said evaluation shall be made by the school principal(s), District representative(s), School Resource Officer(s), and City Police Department representative(s).

11. During the term of this Agreement, the District shall defend, indemnify, and hold harmless the City, its elected officials, officers, agents, and employees from and against any and all claims, demands, judgments or liabilities arising from any and all alleged acts or omissions of the District and its elected officials, officers, agents, and employees during those times when said elected officials, officers, agents, and employees are acting pursuant to the terms of this Agreement.

During the term of this Agreement, the City shall defend, indemnify, and hold harmless the District, its elected officials, officers, agents, and employees from and against any and all claims, demands, judgments or liabilities arising from any and all alleged acts or omissions of the City and its elected officials, officers, agents, and employees during those times when said elected officials, officers, agents, and employees are acting pursuant to the terms of this Agreement.

12. 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.

13. As the Parties or their agents have participated fully in the preparation of this Agreem ent, the language of this Agreement shall be construed simply, according to its fair meaning, not strictly for or against any Party, and under the laws of the State of California.

14. The Parties warrant that they have all requisite power and authority to execute and perform this Agreement. Each person executing this Agreement warrants that he or she has the legal power, right, and authority to make this Agreement and bind himself or his or her respective Party.

15. Except as otherwise provided herein, the duties, obligations, and liabilities of the Parties are intended to be several and not joint or collective, and nothing contained herein shall ever be construed to create an association, trust or partnership or impose a trust or partnership duty, obligation or lia bility on or with regard to any of the Parties. Each Party shall be individually responsible for its own obligations as herein provided.

16. This Agreement may be supplemented, amended or modified only by the mutual agreement of the Parties. No supplement, ame ndment or modification of this Agreement will be binding unless it is in writing and signed by both Parties.

17. No waiver of a breach, failure of any condition or any right or remedy contained in or granted by this Agreement will be effective unless it is in writing and signed by the Party waiving the breach, failure or right or remedy, whether or not similar, nor will any waiver constitute a continuing waiver unless the writing so specifies.

18. Any provision of this Agreement that is declared invalid by a court of competent jurisdiction shall be considered separable and inapplicable and will not affect any other provision or provisions of this Agreement.

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19. This Agreement will inure to the benefit of and be binding on the successors and assigns of City and District.

20. This Agreement may be executed in counterparts each of which shall constitute an original.

CITY OF COLTON

By: _________________________________
Bill Smith, City Manager
City of Colton

COLTON JOINT UNIFIED SCHOOL

DISTRICT

By: _________________________________
Frank Miranda, Superintendent
Colton Joint Unified School District

Dated: ______________________________

Dated: _______________________________

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Exhibit “A”
Deployment of School Resource Officers

A. One School Resource Officer will be assigned to Colton High School.

B. One School Resource Office will be assigned to Colton Middle School and Elementary “feeder” Schools.

C. Notwithstanding the foregoing, in the City’s discretion, the City may assign the School Resource Officer related duties, such as developing youth intervention programs (e.g., a Police Activities League, C.A.R.T., etc.), which require School Resource Officers to be deployed off-campus from time-to-time.

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SRO Salary & Benefits (E Step) Costing ESTIMATED

Description of Calculation for One (1) Police Officer Annual Cost of Agreement Hourly Rate for Police Officer @ E Step $44.50 Fully Burdened Hourly Rate for Police Officer @ E Step $96.37 Annual Salary Without Benefits $92,564

Fully-Burdened Annual Avg. Salary & Benefits $200,000.00 Safety Equipment $5,000.00
Total One (1) Full-Time Police Officer $205,000.00

Supervision/Support Per Officer $14,000
Total Cost for Two (2) Full-Time Police Officers $438,000

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ITEM NO. 7

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE COOPERATIVE AGREEMENT WITH THE COUNTY OF

SAN BERNARDINO FOR WEST OLIVE STREET IMPROVEMENT
PROJECT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Approve a cooperative agreement (Exhibit A) with the County of San Bernardino for the West Olive Street Improvement Project; and,

2. Authorize City Manager to execute the agreement.

BACKGROUND

The City of Colton (City) shares street jurisdiction with the County of San Bernardino (County) along the segment of West Olive Street as shown on the attached map (Exhibit B). Both agencies indicated the need to install the missing street improvement s along West Olive Street for the safety of motorists and pedestrians. The scope of the project includes installation of streetlights, sidewalk, Americans with Disabilities Act (ADA) ramps, cur b and gutter, and utility relocation.

ISSUES/ANALYSIS

The City of Colton and the County of San B ernardino understand the need to have a cooperative agreement to fully complete the joint street improvement project. The cooperative agreement identifies each agency’s role and funding commitment for the project. The County is the lead agency for the project.

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As project’s lead agency, the County will be responsible for preparation of environmental documents, construction survey, and preparation of plans, specification and estimates (PS&E), and construction phase of the project. The estimated total cost of the project is $1,219,000.

County’s estimated contribution for the project is $1,038,000 (85.15%), Colton ’s estimated contribution is $181,000 (14.85%). The project is anticipated to be completed by December 2025.

FISCAL IMPACTS

The City of Colton ’s share for this p roject, or $181,000, is included on the FY 2023 -24 Capital Improvement Program. Sufficient appropriations are available in Measure I Fund C apital Improvement Account Number 218-2420-6150-3890-0000-000.

ENVIRONMENTAL IMPACTS

The County of San Bernardino is responsible for the preparation and filing of the California Environmental Quality Act (CEQA) environmental document for this project.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - Coop Agr bet. City of Colton and County of SB for Olive Street (ADG_Rev.1)

2. Exhibit B - Location Map_Olive St
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Standard Contract Page 1 of 8

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY

Public Works

Department Contract Representative Jeremy Johnson, P.E., Engineering Manager
Telephone Number (909) 387-8165

Contractor City of Colton
Contractor Representative Victor Ortiz, P.E., M.A.

Telephone Number (909) 370-5065
Contract Term Expires December 31, 2028
Original Contract Amount $181,000
Amendment Amount $0
Total Contract Amount $181,000
Cost Center 6650002000 H15201

IT IS HEREBY AGREED AS FOLLOWS:
(Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and a ttach plans, specifications, and addenda, if any.)

WHEREAS, San Bernardino County (COUNTY) and the City of Colton (CITY) (COUNTY and CITY are also each referred to herein as “Party” and collectively referred to herein as “Parties”) desire to cooperate and jointly participate in a project to install streetlights, sidewalk, Americans with Disabilities Act (ADA) ramps, and curb and gutter on Olive Street, a shared jurisdiction road in the CITY, see Exhibit “A”, which is attached hereto and incorporated herein by this reference, (hereinafter referred to as “PROJECT”); and

WHEREAS, the PROJECT consists of approximately 0.08 miles of improvements and is located in both an unincorporated area of the COUNTY and an incorporated area of the CITY; and

WHEREAS, California Streets and Highways Code sections 1685 and 1803 authorize CITY to contract with COUNTY for the maintenance, construction, or repair of CITY streets and roads, if the legislative body of CITY determines that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads; and,

WHEREAS, the CITY has determined that it is necessary for the more efficient maintenance, construction, or repair of its streets and roads to contract with COUNTY for the PROJECT; and,

Contract Number

SAP Number

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WHEREAS, the total PROJECT cost is estimated to be $1,219,000, and,

WHEREAS, the COUNTY share of PROJECT cost is estimated to be $1,038,000, and the CITY’s share of PROJECT cost is estimated to be $181,000, as more particularly set forth in Exhibit “B”, which is attached hereto and incorporated herein by this reference; and,

WHEREAS, the above -described costs are proportioned based on the work to be performed in each Party’s jurisdiction; and,

WHEREAS, PROJECT costs will be funded with COUNTY’S Community Development Block Grant funds and CITY’s remaining share of the PROJECT cost will be funded with CITY’s local funds; and,

WHEREAS, COUNTY and CITY desire to set forth the responsibilities and obligations of each as they pertain to such participation, performance, and funding of the proposed PROJECT.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1.0 COUNTY AGREES TO:

1.1 Act as the Lead Agency for the PROJECT in the preliminary design, survey , California Environmental Quality Act (CEQA) compliance (Public Resources Code section 21000 et seq.), construction, construction engineering, and inspection. Right-of-way activities are not anticipated for the PROJECTS and therefore are not included in this agreement.

1.2 Provide plans and specifications for the PROJECT for CITY’s review and approval pursuant to paragraph 2.1 below.

1.3 Construct the PROJECT by contract in accordance with the plans and specifications of COUNTY, which have been reviewed and approved by CITY pursuant to paragraphs 1.2 and 2.1.

1.4 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits, subject to paragraph 3.10 below.

1.5 Obtain a no-cost permit from the CITY for work to be performed within the CITY’s right-of-way.

1.6 Advertise, award, and administer the construction of the PROJECT, in accordance with the provisions of the California Public Contract Code.

1.7 Provide adequate inspection of all items of work performed under the construction contract(s) with COUNTY’s contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by CITY. COUNTY shall provide copies of any records of inspection and materials testing to CITY within ten (10) days of COUNTY’s receipt of written demand from CITY for such records. Inspection services and maintaining inspection and materials testing records shall be included as a PROJECT cost.

1.8 After bid opening for the PROJECT and prior to award of the construction contract, submit to the CITY an invoice for the estimated CITY share of the PROJECT’s construction cost based on the COUNTY/CITY percentage share determined from the bid result.

1.9 Upon PROJECT completion, calculate actual COUNTY/CITY project share percentages based on the final contract work and cost, which shall include any changes made within the COUNTY and/or CITY jurisdiction, as provided in this Agreement.

1.10 Based on the COUNTY’s percentage calculated pursuant to paragraph 1. 9, pay its share of the actual PROJECT costs. The actual PROJECT costs shall include the cost of PROJECT preliminary engineering, design, survey, CEQA compliance, utility relocation work, construction, construction engineering, inspection and COUNTY overhead costs. COUNTY’S share of PROJECT costs is estimated to be $1,038,000 and shall not exceed $1,297,500 (25% increase over the COUNTY’s PROJECT cost estimate) absent a written amendment to this Agreement pursuant to paragraph 3.15.

1.11 Submit to the CITY an itemized accounting of actual project costs incurred by the COUNTY and, if said costs exceed the amount paid by CITY pursuant to paragraphs 1.8 and 2.4, an invoice for the remainder of the CITY’s share of the actual project costs, up to the amount set forth in paragraph 2.4, as provided herein. Said invoice shall set forth all actual PROJECT costs incurred by COUNTY, together with adequate documentation of said expenditures and a copy of the overall CITY/COUNTY percentage share calculations. If the actual PROJECT costs incurred by

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COUNTY are less than the amount paid by CITY pursuant to paragraphs 1. 8 and 2. 4, then COUNTY shall refund CITY the difference within thirty (30) days after issuance of the itemized accounting.

2.0 CITY AGREES TO:

2.1 Review, approve, and provide comments, if necessary, for the PROJECT’s plans and specifications provided by the COUNTY for PROJECT work to be performed in the CITY’s jurisdiction.

2.2 Provide a qualified CITY representative who has the authority to inspect PROJECT construction site upon notification by COUNTY via email and/or telephone that an inspection is needed within the CITY’s limits and to discuss and attempt to resolve issues concerning the PROJECT with the COUNTY.

2.3 Within thirty (30) days after receipt of the invoice from the COUNTY pursuant to paragraph 1.8 above, pay to the COUNTY the invoiced amount.

2.4 Within sixty (60) days after receipt of the itemized accounting and invoice from the COUNTY pursuant to paragraph 1.1 1 above, pay to the COUNTY the remainder of CITY’s share of the actual PROJECT costs b ased on the CITY percentage calculated pursuant to paragraph 1.11 .

The PROJECT costs shall include the cost of PROJECT preliminary engineering, design, survey, CEQA review and compliance, utility relocation work, construction, construction engineering, inspection, and COUNTY overhead costs. CITY’s share of PROJECT costs is estimated to be $181,000 and shall not exceed $226,250 (25% increase over the PROJECT cost estimate) absent a written approval from the CITY’s designated representative.

3.0 IT IS MUTUALLY AGREED:

3.1 Except for activities that are impossible to perform during COUNTY’s performance of PROJECT work, before, during and after CITY’s and COUNTY’s acceptance of completed PROJECT, the COUNTY shall be responsible for performing any and all work (including, but not limited to, maintenance) for the COUNTY maintained highways in the PROJECT limits that are within the COUNTY unincorporated area and CITY shall be responsible for performing any and all work (including, but not limited to, maintenance) for CITY streets in the PROJECT limits that are in the CITY incorporated area.

3.2 COUNTY agrees to indemnify, defend (with counsel reasonably acceptable to CITY) and hold harmless the CITY and its officers, employees, agents, and volunteers from any and all claims, actions or losses, damages, and/or liability resulting from COUNTY’s negligent acts or omissions which arise from COUNTY’s performance of its obligations under this Agreement.

3.3 CITY agrees to indemnify, defend (with counsel reasonably acceptable to COUNTY) and hold harmless COUNTY and its officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY’s negligent acts or omissions which arise from CITY’s performance of its obligations under this Agreement.

3.4 In the event the COUNTY and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, the COUNTY and/or CITY shall indemnify the other to the extent of its comparative fault.

3.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorney(s) fees. This paragraph shall not apply to the costs or attorney(s) fees relative to paragraphs 3.2, 3.3 and 3.4.

3.6 COUNTY and CITY are authorized self -insured public entities for purposes of Professional Liability, Automobile Liability, General Liability and Worker’s Compensation, and warrant that through their respective programs of self -insurance they have adequate c overage or resources to protect against liabilities arising out of COUNTY and CITY’s performance of the terms, conditions or obligations of this Agreement.

3.7 The Parties acknowledge that actual PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs (including, but not limited to, additional PROJECT costs caused by change orders, or arising from unforeseen site condi tions, including utility relocation (but not from requested additional work by the COUNTY or CITY, which is addressed in paragraph 3.9 below) over the estimated total of the PROJECT’s cost of $1,219,000

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shall be borne by the COUNTY (whether the work is required in the COUNTY’s or CITY’s jurisdiction), up to 25% over the estimated total PROJECT cost.

3.8 If, upon opening of bids, it is found that the responsible and responsive low bid amount is over 25% more than the PROJECT’s total estimated cost of $1,219,000 COUNTY shall not award the contract and COUNTY and CITY shall endeavor to agree upon an alternative course of action, which shall include, but not be limited to, re-bidding of the PROJECT. If, after sixty (60) days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent.

3.9 If either COUNTY or CITY requests additional work that is beyond the scope of the original PROJECT, and not considered by all Parties to be a necessary part of the PROJECT, said work, if approved by both Parties pursuant to paragraph 3.1 5 will be paid solely by the agency requesting the work.

3.10 In the case wherein one of the Parties owns a utility that needs to be relocated for the PROJECT and that Party does not have prior rights for that utility, it will be the sole responsibility of that Party to relocate the utility at that Party’s cost. This shall not be included as a PROJECT cost. In the case that a utility relocation is determined to be a PROJECT cost based on that utility having prior rights, the relocation of the utility will be included as a PROJECT cost for which the COUNTY and CITY will be responsible for funding for work located within their respective boundaries.

3.11 In the event that either Party intends to cancel this Agreement, said Party shall notify the other Party, in writing, at a reasonable time prior to performance of PROJECT work to avoid any detrimental reliance by either Party.

3.12 In the event that change orders are required during the course of the PROJECT, said change orders must be delivered by fax or email and must be returned within two (2) business days. The CITY shall not unreasonably withhold approval of change orders.

3.13 This Agreement may be cancelled upon thirty (30) days advance written notice of either Party , provided however, that neither Party may cancel this Agreement after COUNTY awards a contract to construct the PROJECT. In the event of cancellation of this Agreement, all PROJECT expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties in the same proportion to their contribution for the PROJECT. The Parties recognize and agree that the provisions governing utility rel ocation/coordination and construction are dependent upon the Parties first satisfying CEQA. As provided in this paragraph, the Agreement may be cancelled with or without cause, before, during and after CEQA review/approval.

3.14 Except as provided in paragraphs 3.1 3 and 3.22 and except for the Parties’ operation, maintenance and indemnification obligations contained herein which shall survive termination, this Agreement shall terminate upon completion of the PROJECT.

3.15 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless exec uted in writing and signed by both Parties.

3.16 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between CITY and COUNTY concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court, located in the County of San Bernardino, California.

3.17 Time is of the essence for each and every provision of this Agreement.

3.18 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, d ays or period for performance shall be deemed COUNTY work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.19 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 contr actual rights by custom, estoppel, or otherwise.

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3.20 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated.

3.21 This Agreement may be signed in counterparts, each of which shall constitute an original, and may be signed and transmitted with electronic signatures which shall be binding on the Party.

3.22 This Agreement will be effective on the date signed and approved by both Parties and shall terminate upon satisfaction of the terms identified in paragraph 3.14 or December 31, 2028, whichever occurs first.

3.23 All notices, approvals, consents, or other documents required or permitted under this Agreement shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three calendar days after deposit in the United States mail, certified, with first class postage, fully prepaid, addressed as follows:

CITY: COUNTY:

City of Colton San Bernardino County
160 S. 10th Street Department of Public Works
Colton, CA 92324 825 E. Third Street, Room 143
San Bernardino, CA 92415-0835

3.24 The Recitals are incorporated into the body of this Agreement.

SIGNATURES OF THE FOLLOWING PAGE

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Attachment: Exhibit A - Coop Agr bet. City of Colton and County of SB for Olive Street (ADG_Rev.1) (4444 : Agreement - County of San Revised 1/10/23 Page 6 of 8

THIS AGREEMENT shall insure to the benefit of and be binding upon the successors and assigns of both Parties.

IN WITNESS WHEREOF, the Parties to these presents have hereunto set their hands.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department

Aaron Gest, Deputy County Counsel Andy Silao, P.E. Noel Castillo, Director Date Date Date

SAN BERNARDINO COUNTY CITY OF COLTON

(Print or type name of corporation, company, contractor, etc.)

Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:

Name

William R. Smith
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
(Print or Type)
By Dated:

Deputy

Address
City of Colton,
160 S 10th St, Colton,
CA 92324

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Attachment: Exhibit A - Coop Agr bet. City of Colton and County of SB for Olive Street (ADG_Rev.1) (4444 : Agreement - County of San Revised 1/10/23 Page 7 of 8

EXHIBIT A

FOR SAN BERNARDINO COUNTY/CITY OF COLTON SIDEWALK, ADA RAMP, CURB AND

GUTTER, AND STREETLIGHT INSTALLATION PROJECT IN THE COLTON AREA

Road Name Road Limits
County
Length
City
Length
Total
Length Scope of work

OLIVE STREET JACKSON STREET TO RANCHO
AVENUE

0.08 0.08 0.08
Sidewalk, ADA Ramp,
Curb and Gutter, and
Streetlight Installation
Total Project Miles 0.08 0.08 0.08

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Attachment: Exhibit A - Coop Agr bet. City of Colton and County of SB for Olive Street (ADG_Rev.1) (4444 : Agreement - County of San Revised 1/10/23 Page 8 of 8

EXHIBIT B

ESTIMATE OF PROJECT COSTS FOR SAN BERNARDINO COUNTY/CITY OF COLTON

SIDEWALK, ADA RAMP, CURB AND GUTTER, AND STREETLIGHT INSTALLATION

PROJECT IN THE COLTON AREA

Olive Street

Amount County Share City Share
Sidewalk, ADA Ramp, Curb and Gutter, and
Streetlight Installation $1,219,000 $1,038,000 $181,000 Project Total $1,219,000 $1,038,000 $181,000

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Attachment: Exhibit A - Coop Agr bet. City of Colton and County of SB for Olive Street (ADG_Rev.1) (4444 : Agreement - County of San

COUNTY OF SAN BERNARDINO

DEPARTMENT OF PUBLIC WORKS
YARD 5
DISTRICT 5
WO TBD
Colton Area
Legend:

Curb and Gutter
Sidewalk
ADA Ramps
Streetlight

LOCATION MAP

OLIVE STREET

JACKSON STREET TO RANCHO AVENUE
Sidewalk Construction, Curb and Gutter Installation,
Streetlight Replacement, ADA Ramps Update
Curb and Gutter Length: 543’
Sidewalk Length: 1412’
Streetlight Amount: 12

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Attachment: Exhibit B - Location Map_Olive St (4444 : Agreement - County of San

ITEM NO. 8

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: HEIDI DURON, DEVELOPMENT SERVICES DIRECTOR SUBJECT: APPROVE AND ADOPT A RESOLUTION ADOPTING THE
ANNUAL HOUSING PROGRESS REPORT FOR 2023, RESOLUTION
NO. R-29-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Adopt Resolution No. R-29-24 approving the 2023 Housing Element Annual Progress Report for the State Department of Housing and Community Development (HCD).

BACKGROUND

The General Plan Housing Element contains programs to facilitate the production of housing pursuant to goals established by the State and regional planning agencies, which in Colton’s case is the Southern Cali fornia Association of Governments (SCAG). These goals are the result of State housing law directives which require that every jurisdiction to accommodate its “fair share” of housing in all income levels and establish programs toward accomplishing regional and statewide housing goals.

Government Code section 65400 requires that each city, county, or city and county, prepare an annual progress report (APR) on the status of the housing element of its general plan and progress in its implementation using for ms and definitions adopted by the Department of Housing and Community Development (HCD). The Government Code section 65400 also requires the annual report to be provided to the legislative body (City Council). The annual report measures the City’s progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing.

8 Packet Pg. 381
Staff Report to the Mayor and City Council
Annual Housing Progress Report - 2023
April 2, 2024

Page 2 ends

ISSUES/ANALYSIS

The annual report includes the number of housing units that were entitled, the number of housing units that were issued building permits, and the number of housing units that were submitted for plan check that have not yet been issued building permits for the calendar year of 2023. This year the report also includes the number of housing units that were finaled. The report shows that in 2023, the City of Colton issued 23 building permits for Single Family Detached (SFD) Above Moderate Income housing units and 5 building permits for Above Moder ate Income Accessory Dwelling Units (ADU) for a total of 28 single family units. Fifty -three (53) housing applications for Moderate Income housing units were submitted for plan check for building permits but have not yet been issued. Twenty -one (21) housin g applications have been completed and finaled by the Building & Safety Division of the City in 2023.

For the 2021 – 2029 planning period, SCAG assigned Colton a Regional Housing Needs Allocation (RHNA) of 5,434 housing units which was categorized into ve ry low, low, moderate, and above moderate household incomes. The RHNA is based on population and housing needs projections made by the State and assigned to the regional Councils of Government (COGs) throughout California. The regional COGs, in turn, allo cate housing to its member jurisdictions which are required to incorporate into their Housing Element. SCAG fulfills this role for the six - county region that includes Colton. The baseline for growth projection for this planning period consisted of 5,434 new construction units. The affordability designations are as follows:

 Very Low – 1,318 units
 Low – 668 units
 Moderate – 906 units
 Above Moderate – 2,542 units

In 2023, 28 building permits were issued for Above Moderate units (attachment – Table B).

Also required for the report is a Program Implementation Status that describes progress of all programs implemented to help achieve the objectives and goals of the Housing Element (attachment – Table D).

FISCAL IMPACTS

None.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. City Council Resolution No. R-29-24
8 Packet Pg. 382
Staff Report to the Mayor and City Council
Annual Housing Progress Report - 2023
April 2, 2024

Page 3 ends

2. 2023_Annual Housing Progress Report - Excel Sheets
8 Packet Pg. 383
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

RESOLUTION NO. R-29-24

A RESOLUTION OF THE CITY OF COLTON ADOPTING
THE 20 23 HOUSING ELEMENT ANNUAL PROGRESS

REPORT (APR) FOR THE STATE DEPARTMENT OF

HOUSING AND COMMUNITY DEVELOPMENT (HCD)
(GOV. CODE SECTION 65400)

WHEREAS, California Legislature requires that each city prepare an annual progress report (APR) on the status of the housing element of its ge neral plan and progress in its implementation using forms and definitions adopted by the Department of Housing and Community Development (HCD) (Gov. Code Section 65400); and

WHEREAS, Section 65400 of the Government Code requires the Housing Element Annual Progress Report (APR) to be provided to the legislative body (City Council) for adoption ; and

WHEREAS, the City of Colton (“City”) has prepared the Hous ing Element Annual Progress Report for 2023.

NOW, THEREFORE, the City of Colton hereby resolves as follows:

SECTION 1. The City hereby adopts the “Housing Element Annual Progress Report - 2023,” a copy of which is on file at the offices of the City and is available for inspection by the public.

PASSED, APPROVED AND ADOPTED this 2nd day of April, 2024.

________________________________________
Frank J. Navarro
Mayor

ATTEST:
__________________________________________
Stephanie Vargas
Deputy City Clerk

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Attachment: City Council Resolution No. R-29-24 (4438 : Annual Housing Progress Report - 2023)

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Attachment: 2023_Annual Housing Progress Report - Excel Sheets (4438 : Annual Housing Progress Report - 2023)

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Attachment: 2023_Annual Housing Progress Report - Excel Sheets (4438 : Annual Housing Progress Report - 2023)

ITEM NO. 9

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE SECOND (2ND) AMENDMENT TO PROFESSIONAL

SERVICES AGREEMENT (PSA) FOR ENGINEERING SERVICES

WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA
(ERSC) FOR FISCAL YEAR 23/24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

1. Authorize the Second Amendment to the Professional Service s Agreement (PSA) with Engineering Resources of Southern California (ERSC) to increase compensation by $45,000 for FY 23/24.

2. Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement (PSA) with Engineering Resources of Southern California (ERSC) for FY 23/24.

BACKGROUND

The Public Works and Utility Services Department – Engineering Division retains as -needed engineering services to assist with plan check reviews of various development projects in several different technical areas. These as-needed plan check services ensure timely project reviews and help maintain cost efficiency through competitive service costs.

In accordance with Colton Municipal Code Section 3.08.070 – Bidding requirements – Professional Servic es, on March 24, 2023, City Engineering Staff released a Request for Proposals for engineering plan check consulting services for private and public projects for engineering plan check consulting services for private and public projects. The contract woul d 9 Packet Pg. 400
Staff Report to the Mayor and City Council
Contract Amendment - ERSC
April 2, 2024

Page 2 ends

be valid for the FY 23/24 with the option to renew for three successive years and provided for an increase based on the Consumer Price Index (CPI).

On July 31, 2023, the City of Colton entered into a Professional Services Agreement (PSA) with Engineering Resources of Southern California, Inc. (ERSC) to assist with engineering plan checking services in the amount of $45,000.

On November 17, 2023, the City Council of the City of Colton authorized the First Amendment to the PSA in the amount of $25,000 for a total of $70,000.

ISSUES/ANALYSIS

Due to the continued volume of plan check activities and forecast engineering plan check activities through the end of the current fiscal year, the Public Works and Utility Services Department is requesting to ame nd the existing PSA with ERSC by increasing the contract amount for Fiscal Year (FY) 23/24 from $70,000 to $115,000, which is in line with the increased influx and continual review of commercial development projects from previous fiscal year budgets. Multiple residential and commercial developments have been entitled with the Planning Division of the Development Services Department and have commenced plan check services in the Engineering Division of the Public Works and Utility Services Department. Among these projects are the following tract maps: Tract Map 18233 (Bostick Ave. & Litton Ave.), Tract Map 20352 (Georgia St. & 5 th St.), Tract Map 20385 (5 th St. & Agua Mansa Rd.), and TM 20340 (Santo Antonio Townhomes). Additional development and redevelopment projects include multiple small to medium size warehouse developments throughout the City , including two large industrial warehouse projects, the Barton Road Logistics Project and the IDI/Lineage Projects on Agua Mansa Road, which have recently completed plan check review and construction permits have been issued.

FISCAL IMPACTS

Sufficient appropriations for this Second Amendment, in the amount of $45,000, to the PSA are available in the adopted FY2023 -24 budget in General Fund Engineering Division P rofessional Services Account No. 100 -6150-6151-2350-0000-000. The increase in costs is offset by revenues paid by developers for these city engineering plan check services.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A - 2nd Amendment to PSA
9 Packet Pg. 401
1 SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND
ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

1. PARTIES AND DATE.

This Second Amendment to the Professional Services Agreement (“Second Amendment”) is made and entered into this 02th day of April, 2024 by and between the City of Colton (“City”) and Engineering Resources of Southern California, Inc., (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.

2. RECITALS.

2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated April 02 , 202 4 (“Agreement”), whereby Consultant agreed to provide professional plan check services for various development projects (“Services”).

2.2 Amendment Purpose. City and Consultant desire to amend the Agreement for the Second time to increase compensation by $45,000.

2.3 Amendment Authority. This Second Amendment is authorized pursuant to Section

3.6.13 of the Agreement.

3. TERMS.

3.1 Scope of Services and Term. Compensation. Section 3. 1.1 of the Agreement is hereby deleted in its entirety and replaced with the following:

3.1.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred and Fifteen Thous and Dollars and No C ents ($115,000.00) without written approval of the City Council. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.2 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.

From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.

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Attachment: Exhibit A - 2nd Amendment to PSA (4450 : Contract Amendment - ERSC) 2 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.

3.4 Severability. If any portion of this Second Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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Attachment: Exhibit A - 2nd Amendment to PSA (4450 : Contract Amendment - ERSC) 3 SIGNATURE PAGE FOR SECOND AMENDMENT TO

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.

IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to the Professional Services Agreement as of the 02nd day of April, 2024.

CITY OF COLTON

By: ___________________________ Attest: ___________________________ William R. Smith Stephanie M. Vargas
City Manager Deputy City Clerk

ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.,
A corporation

By: ___________________________ By: ___________________________ Signature Signature

John M. Brudin Moe Ahmadi .

Name (Print) Name (Print)

President Vice President .

Title (Print) Title (Print)

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Attachment: Exhibit A - 2nd Amendment to PSA (4450 : Contract Amendment - ERSC) 4 EXHIBIT “A – SECOND AMENDMENT”

SCOPE OF SERVICES

Provide Plan Check and Inspection Services. Scope of Services include but not limited to plan check services for:

1. Grading Plan

2. Storm Water Pollution Prevention (SWPPP)

3. Street Improvement

4. Water Quality Management Plan (WQMP)

5. Drainage plan

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Attachment: Exhibit A - 2nd Amendment to PSA (4450 : Contract Amendment - ERSC) 5 EXHIBIT “B – SECOND AMENDMENT”

SCHEDULE OF SERVICES

July 1, 2023 to June 30, 2024

1. Requested plan check reviews are at an as needed basis and are not guaranteed. They are at the discretion of the City.

2. Standard plan check review turn-around times are within two (2) weeks from the date emailed of such requested services.

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Attachment: Exhibit A - 2nd Amendment to PSA (4450 : Contract Amendment - ERSC) 6 EXHIBIT “C – SECOND AMENDMENT”

COMPENSATION

NOT TO EXCEED AMOUNT OF ONE HUNDRED AND FIFTEEN THOUSAND DOLLARS AND NO CENTS ($115,000.00)

SEE ATTACHED ERSC SCHEDULE OF HOURLY BILLING RATES

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Attachment: Exhibit A - 2nd Amendment to PSA (4450 : Contract Amendment - ERSC)

ITEM NO. 10

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE THE AWARD OF CONTRACT TO ITERIS, INC. FOR THE

PREPARATION OF CITY OF COLTON CITYWIDE
COMPREHENSIVE SAFETY ACTION PLAN – SAFE STREETS FOR
ALL (SS4A).

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve the award of professional services agreement contract to Iteris, Inc. for the preparation of City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All (SS4A) for $86,237; and authorize City Manager to execute the agreement.

BACKGROUND

The Federal Highway Administration (FHWA) SS4A grant program has t wo components:

Planning and Demonstration (Action Plan) and Project Implementation. The program is intended for the development of a comprehensive safety action plan that identifies the most significant roadway safety concerns in a community, and the imple mentation of projects and strategies (construction) to address roadway safety issues. Action Plans are the foundation of the SS4A grant program. SS4A requires an eligible Action Plan be in place before a local agency , like Colton, can apply for funding for project implementation and strategies.

On January 31, 2023, the City received SS4A grant notification from FHWA for the preparation of Action Plan. The grant amount is $96,000 with a $24,000 local match for a total funding of $120,000. The plan will deve lop a citywide comprehensive action plan with well -defined strategy to prevent roadway fatalities and serious injuries. The project will fulfill SS4A goals of improving roadway safety by significantly reducing or eliminating roadway fatalities and serious injuries through the development of safety action plan, and implementation focused on all users, 10 Packet Pg. 410
Staff Report to the Mayor and City Council
Contract Award - Iteris Inc.

April 2, 2024

Page 2 ends

including pedestrians, bicyclists, public transportation users, motorists, and commercial vehicle operators. The project (safety plan) will be consistent with City’s priorities of delivering transportation projects that promote multi -modal use and reduce vehicle -miles traveled, reduce greenhouse gas emissions, and increase equity and access to historically disadvantaged and neglected communities.

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.070 of the City’s purchasing ordinance, City staff issued a Request for Proposal (RFP) for the preparation of City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All (S S4A). The RFP was advertised on January 19 and 26, 2024. On the February 15, 2024 RFP deadline, the City received one (1) proposal only although the RFP was requested by and sent to five (5) engineering consulting firms.

Iteris, Inc. is the only firm who submitted for this RFP. Since the City received one proposal only, City staff contacted FHWA staff to clarify if further steps to proceed with the award of contract or reissuance of RFP are necessary. FHWA staff informed City staff that the City can award the contract to Iteris, Inc. , since the City alread y demonstrated that the RFP was solicited in an unrestricted manner by advertising it twice i n a regional newspaper, and a number of firms requested the copy of the RFP.

After review of the proposal subm itted and negotiation with Iteris, Inc., staff recommends the award of professional services agreement contract to Iteris, Inc. for the preparation of City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All (SS4A) for $86,237.

Iteris, Inc. original proposal wa s $95,347, but lowered the amount to $86, 237 after negotiation and clarification of some of the scope of work with City staff.

Iteris, Inc. ’s similar experience includes preparation of safety plan for cities of Chino Hills, Lawndale, Los Angeles and San Ramon, and Santa Barbara County. The cost proposal includes preparation of the safety plans that will include data collection, collision and roadway data analysis, counter measure selection, and development of safety projects. The professional service agreement contract is attached as Exhibit A.

FISCAL IMPACTS

Sufficient appropriations for this contract are available in the FY2023-24 budget in the following general ledger accounts:

Funding Source Account No. Funding
Balance
Iteris Contract
Funding
SS4A/FHWA Grant 225-2462-6150-2350 $95,680.90 $68,989.60 10 Packet Pg. 411
Staff Report to the Mayor and City Council
Contract Award - Iteris Inc.

April 2, 2024

Page 3 ends

Traffic Impact Fund 249-2462-6150-2350 $23,920.22 $17,247.40 Total $119,601.12 $ 86,237.00

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT

1. Exhibit A-Iteris, Inc. Professional Service Agreement 10 Packet Pg. 412
(BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-1

CITY OF COLTON

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 3rd day of April 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 Iteris, Inc. a corporation, with its principal place of business at 1700 Carnegie Dr., Suite 100, Santa Ana, CA 92705 ("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 design and traffic consulting 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 engineering design and environmental services for the City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All (SS4A) ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional engineering design consulting services for the City of Colton Citywide Comprehensive Safety Action Plan – Safe Streets for All (SS4A) ("Project"). The scope of 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 Three Hundred Sixty -Five (365) Calendar Days from the date of issuance of Notice to Proceed unless earlier terminated as provided herein. Consultant shall complete the Project within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates . The Services shall be performed by Consultant or under its supervision. Consultant will determine the

10.a
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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-2

means, methods and details of performing the Services subjec t to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's 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 adequa te or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: Steven Bradley, P.E., Regional Vice President

3.2.5 City's Representative. The City hereby designates Brian Dickinson , Public Works/Utilities Director, or his/her designee, to act as its representative in all matters pertaining to the administration and performance of t his 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 compens ation 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 Deepak Kausnik, Project Manager, or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-3

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 skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the 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 licenses, 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 provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re -employed to perform any of the Services or to work on the Project.

3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).

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 that if the Services are not completed within the aforementioned Performance Ti me and/or pursuant to any such Project Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.10 Laws and Regulations ; Employee/Labor Certification. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising ou t 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

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-4

and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Consultant.

Consultant also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Consultant shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, or by some other legally acceptable method. Consultant shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Consultant’s compliance with the requirements provided for in Section 3.2.10 or any of its sub- sections.

3.2.10.2 Employment Eligibility; Subcontractors, Consultants, Sub- subcontractors and Subconsultants . To the sam e 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 Sections

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

3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.2.10.5 Air Quality . To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the S outh 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", whi ch 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 violations of applicable

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-5

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 safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.2.11 Insurance.

Time for Compliance . Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant 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 least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability :

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any 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

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-6

limits $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage . At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such 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 insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may w ithhold 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:
(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 mini mum limits set forth in Section

3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.4(A).
(B) Automobile Liability . The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-7

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 under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages . Each i nsurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special li mitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own ri ght 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 procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.2.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all 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.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-8

3.2.11.8 Acceptability of Insurers . Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The 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 Consul tant’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 var ious times during the Services. Consultant hereby 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. Co nsultant 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 Control 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 Agreement. 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: Failure to comply with laws, regulations, and 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 the 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

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-9

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 assoc iated 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.

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 Eighty-Six Thousand Two Hundred Thirty-Seven and 00/100 Dollars ($86,237.00) 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 giv e 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 of the requirements of California

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-10

Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of pe r diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance 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.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-11

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consul tant may not terminate this Agreement except for cause.

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

3.6.1.3 Additional Services. In the event this Agreement i s terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Iteris, Inc.
1700 Carnegie Ave., Suite 100
Santa Ana, CA 92705
Attn: Steven Bradley, P.E., Regional Vice President

City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
Attn: Brian Dickinson, PW/Utility 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

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-12

be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fai l 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 thi s Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or l iable, or anyone approved 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 Consultant 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

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-13

purposes other than the performanc e of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's 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, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Servi ces, 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 Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to t he negligence, recklessness, 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.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-14

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 req uirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants . City reserves right to employ other consultants in connection with this Project.

3.6.10 Successors and Assigns . This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer . Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and d o not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-15

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 the 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) attached 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

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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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-16

SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF COLTON
AND ITERIS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the 3rd day of April 2024.

CITY OF COLTON Iteris, Inc., a Corporation

By: ____________________________ By: _________________________ William R. Smith Name:

City Manager Title:

Attest:

____ By: _________________________
City Clerk Name:

Title:

Approved as to Form:

______________________________
Best Best & Krieger LLP
City Attorney

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-17

EXHIBIT "A"

SCOPE OF WORK
(Per detail work plan and technical approach of Iteris, Inc proposal dated February 15, 2024)
Task 1 - Project Management
Deliverables:
• Meeting agendas and minutes.
• Monthly progress reports including supporting data.
• Quality Control Plan.

Task 2 – Document Review
Deliverables:
• Document review summary

Task 3- Data Collection
Deliverables:
• City collision history database.
• Speed/volume data and field work findings.

Task 4 – Collision and Roadway Data Analysis
Deliverables
• ArcGIS shapefiles of the mapped collisions and severity annotations. • MS Excel tables (database) summarizing the collision data analysis.

Task 5 – Countermeasure Selection

Deliverables:
• List of proposed countermeasures as related to types of collisions, data, and prioritized list.
• Draft of methodology used to determine the prioritized list.

Task 6 – Develop Safety Projects

Deliverables:
• Prioritized list of safety projects and methodology.
• Detailed summary of prioritized safety projects.
• Cost estimates, mapping, and cost/benefit ratio of proposed safety improvements.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-18

Task 7 – Draft and Final Safety Action Plan

Deliverables:
• Draft Safety Action Plan.
• Response to comments on the draft plan.
• Two (2) bound hard copies of the Safety Action Plan.
• Electronic Files of the Final Safety Action Plan in MS Word and PDF format.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “A”-19

EXHIBIT "A-I"

FEDERALLY REQUIRED PROVISIONS FOR SERVICES
This contract shall adhere to the provisions of the “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1

EXHIBIT "B"

SCHEDULE OF SERVICES
Contract duration shall be Three Hundred Sixty-Five (365) Days form the date of issuance of the Notice to Proceed.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) (BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1

EXHIBIT "C"

COMPENSATION
The total compensation is Not to Exceed Amount of $86,237. See breakdown with unit rate on the next page.

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.) Project Manager
Technical/Safety Lead
Safety Analyst
Safety/GIS Analyst
$245 $235 $170 $145
1 Project Management 21 9 0 8 38 $8,420
Project Kick‐off 3 3 6 $1,440
Progress meetings/reports & QC Plan 18 6 8 32 $6,980
2 Document Review 2244 1 2 $2,220
3 Data Collection 2 2 4 30 38 $5,990
Collision History Collection 2 2 4 14 22 $3,670
Field Review 16 16 $2,320
4 Collision and Roadway Data Analysis 10 10 4 28 52 $9,540 Safety Analysis 8 6 2 16 32 $6,030
High‐Risk Locations 2 4 2 12 20 $3,510
5 Countermeasure Selection 14 16 4 66 100 $17,440
Initial Countermeasure List 6 8 2 36 52 $8,910
Prioritized Countermeasure List 8 8 2 30 48 $8,530
6 Develop Safety Projects 20 22 8 98 148 $25,640
Safety Project Development & B/C Ratio Analysis 12 14 4 62 92 $15,900 Prioritized Safety Project List 8 8 4 36 56 $9,740
7 Draft and Final SS4A Plan 16 16 0 50 82 $14,930
Draft SS4A Plan 8 8 30 46 $8,190
Final SS4A Plan 8 8 20 36 $6,740
85 77 24 284 470 ‐
Labor Cost Total $84,180
Traffic Count Collection Cost $1,900
Travel (mileage) $157
$86,237
Table 1: Colton Citywide Comprehensive Safety Action Plan Proposal COST
Staff Rates
PROJECT TOTAL
Iteris
Total Labor Hours

TASK STAFF
HOURS

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Attachment: Exhibit A-Iteris, Inc. Professional Service Agreement (4453 : Contract Award - Iteris Inc.)

ITEM NO. 11

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AN AWARD OF CONTRACT WITH NO-DES INC., FOR

THE CITY-WIDE WATER SYSTEM FLUSHING PROGRAM FOR
THE PUBLIC WORKS AND UTILITY SERVICES DEPARTMENT.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve an award of contract to NO-DES, Inc. for the City Wide Water System Flushing project in an amount $1,229,764.40.

BACKGROUND

Maintaining the system that brings water to our homes and businesses is crucial for our community’s well -being. The City’s aging water system has faithfully served us for years, ensuring our health, growth and environment are well taken care of.

In July 2023, the City contracted with NO -DES, Inc., for a pilot program, where approximately one mile of water distribution system pipeline was flushed and cleaned utilizing Neutral Output- Discharge Elimination S ystem ( NO-DES) zero water discharge flushing system. Flushing is performed to conduct repairs, perform regular maintenance of water facilities, and promote good water quality in the water distribution system. The City’s current flushing method consists of the conventional flushing of water from fire hydrants or other water assets into the atmosphere.

In recent years there have been numerous regulations inhibiting the flushing of water from water pipelines and other water facilities. The zero-water discharge flushing system provides an environmentally friendly and water conservation focused method of water flushing by pumping water from one fire hydrant into another fire hydrant, eliminating the need to release water in the atmosphere. Through this proc ess, water first scours the pipes then the water is filtered, 11 Packet Pg. 435
Staff Report to the Mayor and City Council
Contract Award - NO-DES, Inc.

April 2, 2024

Page 2 ends

disinfected, and returned to the water distribution system. The primary function of a flushing program is to clean and maintain the City’s water distribution system. Over time, sediment builds up on the inside of water distribution pipelines and causes water quality problems, including disinfectant residual loss, turbidity and taste, order, and color complaints. Under Article 8, Section 64600 of the California Regulations Related to Drinking Water, water system operations and maintenance, the City is required to regularly flush the approximate 180 miles of distribution pipeline within its water distribution system.

ISSUES/ANALYSIS

In response to the sustained regulatory demand to conserve wa ter and public perception about water waste, water utility staff has only performed selective low scale flushing to address immediate water quality needs in recent years. However, this tactic is not sustainable in the long-run and eventually could lead to other problems within the water system. To maintain residual chlorine disinfection in the water system, minimize discoloration, and continue to meet the water quality standards, large -scale, systematic flushing of the water system needs to resume every year.

The NO-DES water main flushing system reduces water loss due to its unique ability to flush lines and return potable water back into the water distribution system with minimal to no loss.

Staff estimates saving approximately 6.5 to 7 million gallons of water per year utilizing the NO - DES flushing system.

Colton Municipal code 3.08.110(D) Proprietary Projects or Sole Source Products, If the Director of the using department certifies that, to the best of his or her knowledge, the product or service is proprietary in nature and can be obtained only from a limited number of vendors or contractors, and that no equivalent products or services are available, request for proposal may be sent exclusively to such vendor(s) or contractor(s).

NO-DES is a pr oprietary solution, and contract services for water system flushing are only available through NO -DES, Inc. Staff have not been able to identify an equivalent system comparable to NO-DES.

FISCAL IMPACTS

Sufficient appropriations for the $1,229,764.40 project are available in the FY2023 -24 adopted budget in Water Utility Fund Professional Services Account #521-8100-8101-2350-0000-000.

ALTERNATIVES

1. Provide alternative direction to staff.

ATTACHMENT
11 Packet Pg. 436
Staff Report to the Mayor and City Council
Contract Award - NO-DES, Inc.

April 2, 2024

Page 3 ends

1. NO-DES Sole Source Letter

2. City of Colton NO-DES Flushing Quote 2323
11 Packet Pg. 437

Bassam Alzammar May 24th, 2023
City of Colton
Water/Wastewater Utilities Superintendent
160 S. 10th Street
Colton, CA 92324

Prepared by Chris Wilkinson
President NO-DES, Inc.

NO-DES Patented Water Main Flushing Method and Process
Sole-Source Declaration

NO-DES Patented Water Main Flushing Technology is a one of a kind water main flushing process with no competitors, and no other similar flushing methods available for commercial use! The NO- DES process for flushing distribution systems was patented by Chris Wilkinson, to enable public and private water municipalities to clean potable drinking water mains while conserving their water supplies and improving water quality.

US Patent # 6,627,089 B1

NO-DES is a sole-source patented manufacturing and service technology and the sole source contract operator for this technology.

Sincerely,

Chris Wilkinson
President
NO-DES, Inc.
[email protected]
(559) 799-8415

11.a
Packet Pg. 438
Attachment: NO-DES Sole Source Letter (4421 : Contract Award - NO-DES, Inc.) NO-DES, Inc.
1860 Bosque
Farms Blvd.

Bosque Farms
NM 87068
United States
Estimate
#2323
2/23/2024
This Quote was requested by : Bassam Alzammar - Water/ Wastewater Superintendent Pricing estimates are subject to change based on availability of parts and speciﬁcation change requests.

Bill To Ship To TOTAL
Colton Public Utilities
160 S 10th St
Colton CA 92324-3406
United States
Colton Public Utilities
160 S 10th St
Colton CA 92324-3406
US
$1,229,764.40
Expires: 4/30/2024
Expires Exp. Close Project Sales Rep Partner Shipping Method 4/30/2024 4/30/2024 Ohm Kongtang
Quantity Item Options Tax Rate Amount
1 Flushing Package No
160 Flushing
Standard NO-DES ﬂushing process includes 1 NO-DES
unit operated by 2 NO-DES employees and all
necessary equipment to perform the ﬂushing
operation in a normal potable water distribution
system. Discount rates are available for longer
ﬂushing contracts, contact your sales rep for details.

No $5,800.00 $928,000.00
160 Fuel Surcharge
Fuel Surcharge
No $120.00 $19,200.00
1 Burndown
Burndown fee - disinfection of NO-DES equipment
prior to use in customer system.

No $2,750.00 $2,750.00
160 Prevailing Wage Addition
Additional daily expense for the increased cost of
additional wages required per prevailing wage laws in
the city or local of operations. Rate is not inclusive of weekend, overtime, or holiday hours and is subject to
increase if work performed falls after the date of the
next determination increase posted by the depart of
labor/DIR. Please send the contract number for this
work order to [email protected]. The prevailing wage
rate addition will increase by $25.60 per day effective July 1, 2023.

No $339.44 $54,310.40
5,760 1Micron (POMF)
Polypropylene #2 Size Bag, 1 micron absolute 7" X 32"
PLASTIC SURE SEAL, ﬁlter bag
(shipped 25 per box)
Yes $36.00 $207,360.00
No $1,211,620.40
Subtotal $1,211,620.40

Tax Total (8.75%) $18,144.00
Total $1,229,764.40

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Attachment: City of Colton NO-DES Flushing Quote 2323 (4421 : Contract Award - NO-DES, Inc.)

ITEM NO. 12

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVE AWARD OF CONTRACT FOR THE CORPORATE YARD

BLOCK WALL PROJECT TO ROADWAY ENGINEERING &
CONSTRUCTION.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Award a contract for the Corporate Yard Block Wall Project to Roadway Engineering and Construction, as the lowest responsive and responsible bidder in the amount of $678,270.

BACKGROUND

The Public Works & Utilities Department and the Electric Utility Department are located at the Corporate Yard address at 150 & 160 S. 10th Street, Colton, CA, 92324. Currently the rear side of the property is protected with approximately 1000 linear feet of 8 ft high chain link fence that was installed approximately over 25 years ago. The quality of the fence has been compromised over the years with damage sustained throughout. It is necessary for this perimeter fence to be upgraded since the length of the fence is adjacent to multiple staging areas for City vehicles, equipment, utility poles, transformers, and other raw materials. The current state of the perimeter fence may increase the likel ihood of further vandalism and theft if left as is and could consequently lead to break-ins at the water and electric department office spaces.

In response to four ( 4) break-ins within the past 12 months, City staff has proposed for this perimeter fence to be upgraded to a block wall to match the existing block walls at both ends of the existing fence. City staff has conferred to determine that a block wall of the same height will greatly increase the security of the corporate yard and all materials house d within this perimeter.

Taking such preventative measures will reduce overall theft and damage to City property as well as provide a greater sense of security to City staff working in these areas. 12 Packet Pg. 440
Staff Report to the Mayor and City Council
Contract Award - Roadway Engineering & Construction
April 2, 2024

Page 2 ends

ISSUES/ANALYSIS

In accordance with Colton Municipal Code (CMC) Section 3.08.090, a Request for Bids was published in The Press Enterprise on November 10, 2023, and November 17, 2023. A Pre -Bid Meeting and Job Walk was held on November 28, 2023. Two (2) Bids were received from known masonry contractors in South ern California. On December 14, 2023, the two bids were received as follows:

1. DM Contracting $ 1,033,032

2. Roadway Engineering and Construction $ 678,270

Staff reviewed and evaluated all bids. Staff recommend awarding the contract to the lowest responsive and responsible bidder, Roadway Engineering, in the amount of $678,270 for the Corporate Yard Block Wall Project.

FISCAL IMPACTS

The total amount required for the project , including a 5% contingency is $712,183.50. Sufficient appropriations for the Corporate Yard Block Wall Project are available in the adopted FY2023 - 24 budget in the following accounts:

Account Number Appropriations
521-8100-8101-3890-0000-000 $238,000
605-6150-6211-3890-0000-000 $238,000
520-8000-8001-3890-0107-000 $238,000

ALTERNATIVES

Provide alternative direction.
12 Packet Pg. 441

ITEM NO. 13

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: ACCEPT THE BUREAU OF JUSTICE ASSISTANCE BULLET PROOF VEST PARTNERSHIP GRANT FOR FY 2021.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the approval and acceptance of the Bureau of Justice Assistance Bulletproof Vest Partnership FY2021 grant award in the amount not to exceed $4,536.15.

BACKGROUND

On October 18, 2021, the Bureau of Justice Assistance Bulletproof Vest Partnership FY 2021 awarded the Colton Police Department a grant in the amount of $4,536.15. This grant provides funding for up to 50% of the cost to pur chase grant compliant bulletproof vests for police officers.

ISSUES/ANALYSIS

Many Colton police officers are wearing bulletproof vests with warranties/certifications that will expire in 2026; however, due to the hiring of new employees, yearly purchase s are necessary.

Bulletproof vests have a life expectancy and certification of up to five years, and there is a need to purchase vests every year. Bulletproof vests approved for purchase under the Bulletproof Vest Partnership grant must meet the requirem ents of the National Institute of Justice (NIJ) Standard-0101.06 for the ballistic resistance of body armor, a minimum performance standard developed in collaboration with the Office of Law Enforcement Standards of the National Institute of Standards and Technology. Only products and vendors from the grantor’s vendor list are approved for purchase under the grant.

13 Packet Pg. 442
Staff Report to the Mayor and City Council
Grant - Bureau of Justice FY2021
April 2, 2024

Page 2 ends

The Bureau of Justice Assistance Bulletproof Vest Partnership FY 2021 grant in the amount of $4,536.15 was awarded to the Colton Police Depar tment toward the purchase of 10 new bulletproof vests. Funding is by reimbursement and requires 50% matching funds from the City of Colton. The $4,536.15 award is one -half the purchase price for the number of vests authorized. The Department has until June 30, 2024 to spend the grant funds.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted. Bureau of Justice Assistance Bulletproof Vest Partnership grant provides funding for 50 % of the vest, and the matching funds are included in the General Fund Police Administration Safety Equipment Account Number 100-6070-6071-1180-0000-000 for the remaining 50%.

Revenues for the grant are budgeted in Miscellaneous Grants Fund revenue account 225 -5892- 021. Sufficient appropriations are included in the FY2023 -24 adopted budget in the following accounts through the mid-year budget review.

Fund Account Number Amount
Misc. Grants Fund 225-6070-7005-1180-0000-021 $4,536.15 General Fund 100-6070-6071-1180-0000-000 $4,536.15

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. FY21 Application Details
13 Packet Pg. 443

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Attachment: FY21 Application Details (4430 : Grant - Bureau of Justice FY2021)

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Attachment: FY21 Application Details (4430 : Grant - Bureau of Justice FY2021)

ITEM NO. 14

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: TIM HEUSTERBERG, ACTING CHIEF OF POLICE
SUBJECT: APPROVE AND ADOPT A RESOLUTION TO ACCEPT THE

BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST
PARTNERSHIP FY2023 GRANT AWARD AND AMEND THE
FY2024 BUDGET, RESOLUTION NO. R-24-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the approval and acceptance of the Bureau of Ju stice Assistance Bu lletproof Vest Partnership FY2023 grant award in the amount not to exceed $4,279.10 and approve Resolution R-24-24, to amend the FY2024 budget.

BACKGROUND

On October 2, 2023, the Bureau of Justice Assistance Bulletproof Vest Partnershi p FY 2023 awarded the Colton Police Department a grant in the amount of $4,279.10. This grant provides funding for up to 50% of the cost to purchase grant compliant bulletproof vests for police officers.

ISSUES/ANALYSIS

Many Colton police officers are wearing bulletproof vests with warranties/certifications that will expire in 2026. Bulletproof vests have a life expectancy and certification of up to five years; however, due to loss, damage and the hiring of new employees, there is a need to purchase vests every year. Bulletproof vests approved for purchase under the Bulletproof Vest Partnership grant must meet the requirements of the National Institute of Justice (NIJ) Standard -0101.06 for the ballistic resistance of body armor, a minimum performance standard developed in collaboration with the Office of Law Enforcement Standards of the National Institute of 14 Packet Pg. 446
Staff Report to the Mayor and City Council
Grant - Bureau of Justice FY2023
April 2, 2024

Page 2 ends

Standards and Technology. Only products and vendors from the grantor’s vendor list are approved for purchase under the grant.

The Bureau of J ustice Assistance Bulletproof Vest Partnership FY 2023 grant in the amount of $4,279.10 was awarded to the Colton Police Department toward the purchase of 10 new bulletproof vests. Funding is by reimbursement and requires 50% matching funds from the City of Colton. The $4,279.10 award is one -half the purchase price for the number of vests authorized. The Department has until August 31, 2025 to spend the grant funds.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted. Bureau of Justice Assistance Bulletproof Vest Partnership grant provides funding for 50% of the vest. Currently, sufficient appropriations for the required match are available in General Fund Pol ice Administration Safety Equipment Account Number 100-6070-6071-1180-0000-000 for the remaining 50%.

Approval of Resolution R-23-24 will amend the FY2023-24 budget to accept and spend the grant as follows:

1. Increase revenues in Misc. Grant Fund Revenue Account #225-5892-023 by $4,279.10.

2. Increase appropriations in the Misc. Grant Expenditure Account #225 -6070-7005-1180- 0000-023 in the amount of $4,279.10.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution NO. R-24-24

2. FY23 Application Details
14 Packet Pg. 447

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RESOLUTION NO. R-24-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $ 4,279.10 FROM THE

BUREAU OF JUSTICE ASSISTANCE , BULLETPROOF VEST
PARTNERSHIP FY2023 AWARD, AND AMEND T HE FISCAL BUDGET
2023-2024

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing 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 City of Colton and all applicable statutes of the State; and

WHEREAS, On October 2, 2023 The Bureau of Justice Assistance Bulletproof Vest Partnership FY2023 awarded a grant to the Colton Police Department in the amount of $4,279.10.

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

Section 1. Approval of Resolution R -23-24 will amend the FY2023 -24 budget to accept and spend the grant as follows:

1. Increase revenues in Misc . Grant Fund Revenue Account #225 -5892-023 by $4,279.10.

2. Increase appropriations in the Misc. Grant Expenditure Account #225 -6070-7005- 1180-0000-023 in the amount of $4,279.10.

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

PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF APRIL 2024

FRANK J. NAVARRO
Mayor

ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

14.a
Packet Pg. 448
Attachment: Resolution NO. R-24-24 (4432 : Grant - Bureau of Justice FY2023)

14.b
Packet Pg. 449
Attachment: FY23 Application Details (4432 : Grant - Bureau of Justice FY2023)

14.b
Packet Pg. 450
Attachment: FY23 Application Details (4432 : Grant - Bureau of Justice FY2023)

ITEM NO. 15

STAFF REPORT

BUREAU OF JUSTICE ASSISTANCE BULLETPROOF VEST
PARTNERSHIP FY2022 GRANT AWARD AND AMEND THE
FY2024 BUDGET, RESOLUTION NO. R-23-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize the approval and acceptance of the Bureau of Justice Assistance Bulletproof Vest Partnership FY2022 grant award in the amount not to exceed $4,148.63 and approve Resolution No. R-23-24, to amend the FY2024 budget.

BACKGROUND

On September 21, 2022, the Bureau of Justice Assistance Bulletproof Vest Par tnership FY 2022 awarded the Colton Police Department a grant in the amount of $4,148.63. This grant provides funding for up to 50% of the cost to purchase grant compliant bulletproof vests for police officers.

ISSUES/ANALYSIS

Many Colton police officers are wearing bulletproof vests with warranties/certifications that will expire in 2026. Bulletproof vests have a life expectancy and certification of up to five years; however, due to loss, damage and the hiring of new employees, there is a need to pu rchase vests every year. Bulletproof vests approved for purchase under the Bulletproof Vest Partnership grant must meet the requirements of the National Institute of Justice (NIJ) Standard -0101.06 for the ballistic resistance of body armor, a minimum perf ormance standard developed in collaboration with the Office of Law Enforcement Standards of the National Institute of 15 Packet Pg. 451
Staff Report to the Mayor and City Council
Grant - Bureau of Justice FY2022
April 2, 2024

Page 2 ends

Standards and Technology. Only products and vendors from the grantor’s vendor list are approved for purchase under the grant.

The Bureau of Justice Assistance Bulletproof Vest Partnership FY 2022 grant in the amount of $4,148.63 was awarded to the Colton Police Department toward the purchase of 8 new bulletproof vests. Funding is by reimbursement and requires 50% matching funds from the City of Colton. The $4,148.63 award is one -half the purchase price for the number of vests authorized. The Department has until August 31, 2024 to spend the grant funds.

FISCAL IMPACTS

The budget for the City of Colton for the Fiscal Year commencing July 1, 2023 and ending June 30, 2024 was approved and adopted. Bureau of Justice Assistance Bulletproof Vest Partnership grant provides funding for 50% of the vest. Currently, sufficient appropriations for the required match are available in General Fun d Police Administration Safety Equipment Account Number 100-6070-6071-1180-0000-000 for the remaining 50%.

Approval of Resolution R-23-24 will amend the FY2023-24 budget to accept and spend the grant as follows:

1. Increase revenues in Misc. Grant Fund Revenue Account #225-5892-022 by $4,148.63.

2. Increase appropriations in the Misc. Grant Expenditure Account #225 -6070-7005-1180- 0000-022 in the amount of $4,148.63.

ALTERNATIVES

Provide alternative direction to staff.

ATTACHMENT

1. Resolution NO. R-23-24

2. FY22 Application Details
15 Packet Pg. 452

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RESOLUTION NO. R-23-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON ACCEPTING A GRANT IN THE AMOUNT OF $ 4,148.63 FROM THE

BUREAU OF JUSTICE ASSISTANCE , BULLETPROOF VEST
PARTNERSHIP FY2022 AWARD, AND AMEND T HE FISCAL BUDGET
2023-2024

WHEREAS, The Budget for the City of Colton for the Fiscal Year commencing 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 City of Colton and all applicable statutes of the State; and

WHEREAS, On September 21, 2022 The Bureau of Justice Assistance Bulletproof Vest Partnership FY2022 awarded a grant to the Colton Police Department in the amount of $4,148.63.

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

Section 1. Approval of Resolution R-23-24 will amend the FY2023-24 budget to accept and spend the grant as follows:

1. Increase revenues in Misc. Grant Fund Revenue Account #225-5892-022 by $4,148.63.

2. Increase appropriations in the Misc. Grant Expenditure Account #225-6070-7005- 1180-0000-022 in the amount of $4,148.63.

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

PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF APRIL 2024.

FRANK J. NAVARRO
Mayor
ATTEST:

STEPHANIE M. VARGAS
Deputy City Clerk

15.a
Packet Pg. 453
Attachment: Resolution NO. R-23-24 (4431 : Grant - Bureau of Justice FY2022)

15.b
Packet Pg. 454
Attachment: FY22 Application Details (4431 : Grant - Bureau of Justice FY2022)

15.b
Packet Pg. 455
Attachment: FY22 Application Details (4431 : Grant - Bureau of Justice FY2022)

ITEM NO. 16

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: STEPHANIE VARGAS, DEPUTY CITY CLERK
SUBJECT: APPROVE AND ADOPT AN AMENDED AND RESTATED CITY-

WIDE RECORD RETENTION SCHEDULE AND RECORDS
RETENTION POLICY, RESOLUTION NO. R-20-24.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Approve and Adopt Resolution No. R-20-24, to Approve an Amended and Restated City-Wide Record Retention Schedule and Records Retention Policy.

BACKGROUND

California Government Code section 34090 et seq., provides that, with the approval of the City Council by resolution and with the written consent of the City Attorney, the head of a City department may des troy any City record after a set amount of time, consistent with State statutory requirements and best practices.

The City of Colton’s (“City”) current city -wide record retention schedule was adopted on March 17, 2009 through Resolution No. R -09-09. The purpose of the City -wide record retention schedule is to establish consistent standards for all City records in line with applicable law; and to ensure the disposal of obsolete records in line with that adopted schedule so that City resources are not expended unnecessarily.

ISSUES/ANALYSIS

Since Resolution No. R-09-09 was adopted, there have been several changes in state and federal law governing the retention and destruction of City records. Thus, the City desires to adopt a Resolution (Exhibit A) that updates its current record retentio n schedule (Exhibit B ) to conform 16 Packet Pg. 456
Staff Report to the Mayor and City Council
Record Retention Policy & Schedule Update
April 2, 2024

Page 2 ends

to current requirements under state and federal law and for the orderly retention of City records and the proper destruction of obsolete records.

The proposed Record Retention Schedule modifies the City’s Record Retention process to address these changes . A few of the key difference s between the proposed Record Retention Schedule and the existing record retention schedule are:
 The updated schedule combines several categories of records in the same subject area with the same retention into one entry. The current schedule unnecessarily lists these related records as individual entries.
 The updated schedule adds Police Department and Cemetery records to the retention schedule, allowing th e Police Department and Community Services Department to efficiently reduce the amount o f obsolete records it maintains and to ensure that staff is retaining records for the proper amounts of time.

The proposed resolution also adopts an updated Records Re tention Policy “Policy” ( Exhibit C) that provides guidelines to City staff members regarding the retention of City records and the destruction of obsolete and unnecessary records. The Policy is intended to be used in conjunction with the updated Record Ret ention Schedule to assist City staff members in the identification, maintenance, and safeguarding of City re cords, and (when legally allowed) the disposal of obsolete and unnecessary records in the normal course of business.

The Policy expressly bestows t he City Clerk Office with the responsibilit y of administering the Policy. Under the Policy, the City Clerk Office is authorized to perform any and all acts necessary to comply with the terms and intent of the Policy , and is responsible for the retention of City records, and destruction of any obsolete records that meet the qualifications governing the retention, and disposal of City records pursuant to the City’s Record Retention Schedule , and the Policy. Additionally, the City Clerk Office is authorized to update or amend the Records Retention Policy as needed, without further approval from the City Council, in order to stay current with federal and State laws, as well as any other regulations, regarding records retention.

This will allow the City to respon d to any changes in record retention laws in a timely and efficient manner. Adopting a revised Record Retention Schedule and a Records Retention Policy will ensure stability, consistency, and compliance in the retention of City records.

FISCAL IMPACTS

None.

ATTACHMENT

1. Exhibit A - Resolution No. R-20-24

2. Exhibit B - Record Retention Schedule

3. Exhibit C - Records Retention Policy 2024

4. Exhibit D - Request for Destruction of Obsolete Records Form 16 Packet Pg. 457

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RESOLUTION NO. R-20-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON,

CALIFORNIA, ADOPTING A REVISED RECORDS RETENTION SCHEDULE

AND POLICY FOR THE RETENTION AND DESTRUCTION OF OBSOLETE

RECORDS

WHEREAS, California Government Code section 34090, et seq. provides that, with the approval of the City Council by resolution and the written consent of the City Attorney, the head of a City department may destroy any City record, document, instrument, book or paper, under his or her charge, without making a copy thereof, after the same is no longer required, provided that certain records are exempt from such destruction; and WHEREAS, the City’s Records Retention Schedule was last updated in 2009; and
WHEREAS, due to changes in state and federal law regarding the retention of public agency records, City staff has determined that the Records Retention Schedule requires further amendments in order for the City to be in legal compliance regarding the retention and destruction of obsolete records;
WHEREAS, to this end, City staff has prepared a revised City-wide Records Retention Schedule and Records Policy for consideration and adoption by the City Council; and
WHEREAS, the City Attorney has reviewed and approves the revised Records Retention Schedule and Records Policy, as evidenced by his signature on this

16.a
Packet Pg. 458
Attachment: Exhibit A - Resolution No. R-20-24 (4415 : Record Retention Policy & Schedule Update)

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Resolution, in accordance with the provisions of California Government Code section 34090; and
WHEREAS, the City Attorney and City Council hereby acknowledge that the City Attorney’s signature on this Resolution constitutes written consent under California Government Code section 34090 for the destruction of obsolete and unnecessary records and documents in accordance with the City-wide Records Retention Schedule.

NOW THEREFORE, be it resolved, determined, and ordered by the City Council of the City of Colton, as follows:

Section 1. Incorporation of Recitals. The City Council hereby finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated in this Resolution.

Section 2. Approval of the Revised Records Retention Schedule. The City Council hereby approves and adopts the revised Records Retention schedule, attached hereto as Exhibit "B" and incorporated herein by this reference.

All records of the City shall be maintained in accordance with the revised Records Retention Schedule. The City Council’s approval of the revised Records Retention Schedule and adoption of this Resolution shall constitute approval, as required by statute, of the destruction of any and all obsolete City records that have been

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Attachment: Exhibit A - Resolution No. R-20-24 (4415 : Record Retention Policy & Schedule Update)

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maintained in accordance with the Records Retention Schedule.

Section 3. Approval of the Revised Records Policy. The City Council hereby approves and adopts the revised Records Policy, attached hereto as Exhibit “C” and incorporated herein by reference. All records shall be maintained in accordance with both the Records Retention Schedule and Records Policy.

Section 4. Grant of Authority. The City Council hereby grants to the City Manager, or his or her designee, ongoing authority without further approval required by the City Council, and with the written consent of the City Attorney provided herein, to authorize the destruction of any and all obsolete City records that have been maintained in accordance with the Records Retention Schedule approved by the City Council and adopted by this Resolution.

Section 5. Custodian of Records. The City Clerk Office is hereby designated the official “Custodian of Records” and shall develop policies and procedures for the implementation of the City-wide records program and Records Retention Schedule.

The Custodian of Records is hereby authorized to carry out the City-wide records program and any related policies and procedures under the direction of the City Manager. The Custodian of Records is further authorized to update the Records Retention Schedule from time to time to incorporate changes in local, state and federal laws affecting retention of City records.

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Packet Pg. 460
Attachment: Exhibit A - Resolution No. R-20-24 (4415 : Record Retention Policy & Schedule Update)

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Section 6. Rescinding Prior Resolutions. The City Council hereby rescinds any and all previous resolutions or portions thereof to the extent that they conflict with this Resolution and the revised Records Retention Schedule adopted herein.

Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 8. Effective Date. This Resolution shall become effective immediately upon its adoption.

PASSED, APPROVED, AND ADOPTED THIS 2ND DAY OF APRIL, 2024. ___________________________________
FRANK J. NAVARRO
Mayor
ATTEST:

_____________________________________________
STEPHANIE M. VARGAS, CMC
Deputy City Clerk

16.a
Packet Pg. 461
Attachment: Exhibit A - Resolution No. R-20-24 (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

CCP Code of Civil Procedure (California) GC Government Code (California) PC Penal Code (California) CCR California Code of Regulations R&TC Revenue & Taxation Code (California) H&S Health & Safety Code (California) CFR Code of Federal Regulations USC United States Code EC Elections Code (California) LC Labor Code (California)

1 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Accident/Illness Reports
Not a public record
For Employee Medical Records & Employee
Exposure Records regarding exposure to toxic
substances or harmful physical agents; --
Includes Material Safety Data Sheets (MSDS);
includes ALL injury/accident reports.

Does NOT include: records of health insurance
claims maintained separate from employer’s
records; first aid records of one-time treatments
for minor injuries; records of employees who
worked less than one (1) year if records are
given to employee upon termination

Police Department Task Force Officers
GC 6254(c)

8 CCR
3204(d)(1)(A)(B)

Length of employment + 30
years

Permanent
Accidents/Damage to City Property Risk management administration

GC 34090
CCP 337.15

10 years

16.b
Packet Pg. 462
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

2 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Accounting Records – General Ledger General Ledger
GC 34090
CCP 337

Until audited + 4 years

Published articles show 4 –
7 years retention as typical

Sec. of State Guidelines
recommends permanent
retention.

Accounting Records –
- Permanent Books of Accounts
Records showing items of gross income,
receipts and disbursement (including
inventories, per IRS regulations)
26 CFR 1.6001-1(c)
& (e) Permanent
Accounts Payable
Journals, statements, asset inventories, account
postings with supporting documents, vouchers,
investments, invoices and back-up documents,
purchase orders, travel expense
reimbursements, petty cash, postage, PERS
reports, check requests, etc.

CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of State
Local Gov’t. Records
Mgmt. Guidelines
recommendation
Until audited + 4 years
Accounts Receivable
Receipts for deposited checks, coins, currency;
checks received, reports, investments, receipt
books, cash receipts, cash register tapes,
payments for building permits/parking
permits/Transient Occupancy Tax, etc.

CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of State
Local Gov’t. Records
Mgmt. Guidelines
recommendation
Until audited + 4 years

16.b
Packet Pg. 463
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

3 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Affidavits of Publication / Posting Legal notices for public hearings, publication of ordinances, etc. GC 34090
Current + 2 years, unless
part of a project or matter
that requires longer
retention (i.e., CEQA
documents)
Agency Report of Consultants (FPPC
Form 805)
Identifies consultants hired by the City who
must file Form 700
2 CCR 18734; GC
81009(e) 7 years
Agency Report – Events and
Ticket/Pass Distribution (FPPC Form
802)
Report of tickets/passes; identifies persons who
received tickets/passes and describes the public
purpose for the distribution
GC 81009(e) 7 years
Agency Report of New Positions
(FPPC Form 804)
Identifies new positions that will make or
participate in making governmental decisions
on behalf of the City
GC 81009(e) 7 years
Agency Report of Public Official
Appointments (FPPC Form 806)
Report of additional compensation received by
agency officials when appointing themselves to
committees, boards or commissions of other
public agencies, special districts, joint powers
agencies or joint powers authorities. Copy of
current report must be posted on the City’s
website.
2 CCR 18702.5(b)(3);
GC 81009(e) Original - 7 years
Agenda / Agenda Packets
City Council, Successor Agency, Commissions
– agendas and packets can be imaged
immediately for retention, if desired.

GC 34090
GC 34090.5 2 years

16.b
Packet Pg. 464
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

4 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Agenda reports (staff reports)
Council/Successor Agency/Commissions -
Originals can be imaged immediately for
retention, if desired. The imaged record can
serve as the “original” record, if desired.

GC 34090
GC 34090.5 2 years
Agreements
(See also Contracts)
Original contracts and agreements and back-up
materials, including leases, license agreements,
service/maintenance contracts, etc.

Original contracts/agreements regarding the
development of real property, design,
specifications, surveying, planning, supervision,
testing, or observation of construction or
improvement to real property ; may include
records of retention releases, retention withheld,
change orders, etc.

CCP 337
CCP 337.2
CCP 343

CCP 337.15

4 years after
termination/completion

10 years after
termination/completion

Annexations / Reorganizations Notices, Resolutions, Certificates of Completion GC 34090 Permanent
Annual Financial Report May include independent auditor analysis GC 34090 Until audited + 2 years
Sec. of State Guidelines
recommends while current +
7 years

16.b
Packet Pg. 465
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

5 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Applications for Boards, Commissions
Committees Not selected GC 34090 2 years
Applications for Boards, Commissions,
Committees Selected
GC 34090
Sec. of State
Guidelines
Current + 5 years
Appraisals
For Real Property Owned by City – Not a
public record until real estate transaction is
complete
GC 34090
GC 6254(h) 2 years
Articles of Incorporation GC 34090 Permanent
Assessment Districts Original Documentation GC 34090 Permanent Audit Hearing or Review Documentation created and or received in connection with an audit hearing or review GC 34090 2 years

Audit Reports Financial services; internal and/or external reports
GC 34090
CCP 337
CCP 343

Current + 4 years
Sec. of State Guidelines
recommends permanent
retention

Backflow Test Reports Reports of testing and maintenance – water supply 17 CCR § 7605 3 years

16.b
Packet Pg. 466
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

6 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Bank Account Reconciliations Bank statements, receipts, certificates of deposit, etc.
26 CFR 31.6001-
1(e)(2)

4 years
(Sec. of State Guidelines –
recommended retention:
until audited + 5 years)
Behested Payment Report (FPPC Form
803)
FPPC form used by elected officials to disclose
payments made at their behest ($5,000 or more
from same source) for legislative,
governmental, or charitable purposes.

GC 81009;
82015(b)(2)(B)(iii) 7 years
Bids, Successful Includes plan and specifications;
notices/affidavits.

GC 34090
CCP 337, 337.1 4 years
Bids, Unsuccessful Unsuccessful bid packages only GC 34090 2 years Billing Records Utility bill stubs – submitted with payment GC 34090 Current + 2 years Bonds
Authorization/public hearing
records/prospectus/proposals/certificates/notices
(transcripts)/registers/statements.

CCP 336a, 337.5
Upon cancellation,
redemption or maturity + 10
years
Bonds, Development Housing; Industrial Development CCP 337.5 10 years Bonds, Employee (Fidelity Bonds)
Form of insurance that covers employer (City)
for losses resulting from fraudulent acts of
specified employees
GC 34090 Length of employment + 2
years
Bonds - Final Final bond documentation; monthly statement of transactions; supporting documents
GC 34090
CCP 337.5
Upon cancellation,
redemption or maturity +10
years

16.b
Packet Pg. 467
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

7 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Bonds – Paid/Cancelled Paid or cancelled bonds; warrant certificates; interest coupons
GC 34090
GC 53921 2 years
Bonds, Surety
Documentation created and/or received in
connection with the performance of
work/services for the City, or for parcel maps
and subdivision work
CCP 337 4 years
Bonds – Unsold/Unused Unsold/unused bonds GC 34090
GC 43900 et seq.
2 years (specific
requirements for disposal of
unused bonds)
Brochures/
Publications
Informational/promotional documents created
for or by the City. Ex: Marketing City News
Letter.

GC 34090 2 years
Budget, Annual Annual operating budget approved by City Council
GC 34090

Current + 2 years

Sec. of State Local Gov’t.

Records Mgmt. Guidelines
recommends permanent
retention.

Building, Blueprints/ Specifications
Copies submitted by contractors with
application for building permit or Certificate of
Occupancy (application process)
GC 34090 Current + 2 years
Building, Certificates Compliance, elevation, occupancy – affecting title to real property or liens on real property GC 34090 Permanent

16.b
Packet Pg. 468
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

8 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Building, Construction (Approved)
New commercial and residential construction,
tenant improvements, room additions, spas,
signs, block wall, remodel (including security
bonds). Includes Final Approved Plans.

CCP 337.15
GC 34090 10 years
Building, Inspection Correspondence, fees, appeal requests, reports GC 34090 2 years Building, Permits Permits for buildings; signs; grading; encroachment permits GC 34090 Until completed + 2 years Building Plans, As Built
Official copy -- Not to be reproduced until
written permission is obtained from architect of
record and current building owner (Retention
requirement not applicable to buildings
containing a financial institution or public
utility.)
GC 34090
H&S 19850, 19851 For the life of the building
Building, Signs (temporary) Home occupation, off-premise signs GC 34090 2 years Business License Annual Reports Finance GC 34090 2 years Business Licenses/Permits City issued GC 34090 While current plus 2 years Cal-OSHA
Log of work related injuries & illnesses (Form
300), Annual Summary (Form 300A), Incident
reports (Form 301)
LC 6410; 8 CCR
14300.33 5 years
California State Tax Records Forms filed annually; quarterly and year-end reports
R&TC 19530
R&TC 19704 6 years

16.b
Packet Pg. 469
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

9 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Campaign Statements - Mayor, City
Council - elected (originals)
Original statements of elected candidates and
committees supporting elected candidates for
Mayor, City Council
GC 81009(b)
GC 81009(g)
Permanent (can image after
2 years)
Campaign Statements - candidates for
Mayor, City Council - not elected
(originals)
Original statements of candidates and
supporting committees for candidates not
elected for Mayor, City Council
GC 81009(b)
GC 81009(g)
5 years (can image after 2
years)
Campaign Statements for other than
Mayor, City Council; other campaign
reports (originals)
Original statements of all other persons and
committees; other original reports and
statements
GC 81009(c), (e)
GC 81009(g)
7 years (can image after 2
years)
Campaign Statements/Reports --
Copies
Copies of reports/statements (if filing officer is
not required to keep more than one copy)
GC 81009(f)
GC 81009(g)
4 years (can image after 2
years)
Cemetery – Burial Permits Burial Permits H&S 8110 Permanent

16.b
Packet Pg. 470
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

10 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Cemetery – Contracts
At Need and Pre-Need Burial Contracts (Fully
paid)
Pre-Need (payments pending)
GC 34090
CCP 337

GC 34090
CCP 337
2 years after burial, if paid
more than 2 years prior to
burial; if paid less than 2
years before burial, a total
of 4 years after payment
received

Until paid, + 2 years after
burial, if paid more than 2
years prior to burial; if paid
less than 2 years before
burial, a total of 4 years
after payment recceived
Cemetery – Deeds Deeds of plots purchased H&S 8110 Permanent Cemetery – Internment Orders
Authorizations from both the Next of Kin and
Property Owner to designate services at time of
need

GC 34090 2 years after burial
Cemetery – MPAN Marker payments at need GC 34090
CCP 337
Until paid + 2 years after
burial, if paid more than 2
years before burial; if paid
less than 2 years before
burial, a total of 4 years
after payment received.

16.b
Packet Pg. 471
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

11 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Cemetery – Quitclaim Deeds Deed transfers of lots purchased H&S 8110 Permanent Cemetery – Purchases Miscellaneous purchases (markers, vase, chapel rentals, inscriptions, cleaning fees, etc. GC 34090 4 years after audit Cemetery – Rolodex of Contracts Database of pre-need and at-need contracts GC 34090 While current + 2 years after burial
Certificates of Compliance/Occupancy Building department documents GC 34090 Until Completed + 2 Years Collective Bargaining Agreements Memoranda of Understanding (MOUs) with employee unions; represented employee groups 29 CFR 516.5(b) Current + 3 years Community Surveys
Review final survey reports for historic
significance. Surveys for major projects (e.g.

General Plan updates).

GC 34090 2 years (May be kept longer
for historical reference)
Complaints - Miscellaneous
Miscellaneous complaints, non-code
enforcement, not related to specific lawsuits
involving the City and not otherwise
specifically covered by the Retention Schedule
GC 34090 2 years
Comprehensive Annual Financial
Reports (CAFR) Finance GC 34090
CCP 337 Until audited + 4 years
Conflict of Interest Code
Conflict of Interest Code – required under
Political Reform Act; must be reviewed by July
1st of every even-numbered year and amended
if necessary
GC 87300 et seq. Permanent

16.b
Packet Pg. 472
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

12 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Contracts, City (see also Agreements)
Original contracts and agreements and back-up
materials, including leases, license agreements,
service/maintenance contracts, etc.

Original contracts/agreements regarding the
development of real property, design,
specifications, surveying, planning, supervision,
testing, or obs ervation of construction or
improvement to real property; may include
records of retention releases, retention withheld,
change orders, etc.

CCP 337
CCP 337.2
CCP 343

CCP 337.15

4 years after termination/
completion

10 years after
termination/completion

Correspondence
General correspondence regarding City
business, including but not limited to letters,
email, and text messages; Posts/comments on
City-owned social media accounts.

GC 34090 2 years
Credit Cards, City-owned
Credit card bills or statements and related
receipts.

Other records related to use of City-owned
credit cards (policies, correspondence, etc.)
26 CFR 31.6001-
1(e)(2)

GC 34090
Until audited + 4 years

Current + 2 years

16.b
Packet Pg. 473
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

13 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Deeds, Real Property (Grant Deeds) File with recorded documents; originals may not be destroyed. GC 34090 Permanent
Deferred Compensation Reports Finance - pension/retirement funds 29 CFR 516.5 29 CFR 1627.3 3 years
Demographic/
Statistical Data
If retained in ordinary course of business like
2020 census Data. GC 34090 Current + 2 years
Development Agreements
Agreements for development of real property;
Development and Disposition Agreements
(DDAs); May include infrastructure contracts
(i.e., architects, treatment plants, utility lines,
etc.), franchises, etc.

CCP 337, 337.1,
CCP 337.15
GC 34090
48 CFR 4.703
Permanent
(Sec. of State Guidelines
recommends retaining paper
original for minimum 7
years)
Development Conditions Mitigation measures; filed with project files GC 34090 For the life of the project Development, General Subject Files Internal working files including correspondence GC 34090 2 years Development, Incident Files Emergency Call Outs GC 34090 2 years Development Logs
Logs, registers or similar records listing
permits, certificates of occupancy issued, may
include inspection, building activity, daily, plan
check, utility
GC 34090(a)
GC 4003, GC 4004
H&S 19850 - 19853
5 years
WithDevelopment, Photographs Aerial Photographs GC 30490 Current + 2 years Development, Projects- Not completed
or denied Building, engineering, planning GC 34090 2 years

16.b
Packet Pg. 474
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

14 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Development, Reports Activity, Periodic GC 34090 2 years Development, Seismic Retrofit
Program Includes Certificates of Compliance GC 34090
H&S 19850
For the life of the building;
Sec.of State Guidelines
recommends permanent
retention
Development Standards
Includes standards for landscaping medians,
parkway landscape development, public works
construction
GC 34090
Sec. of State
Guidelines
Permanent
Development, Street Names and House
Numbers
Includes street dedications, street
vacations/closings, address assignment/changes
GC 34090
Sec. of State
Guidelines
Permanent
Development, Studies, Surveys,
Special Projects & Areas
Engineering, joint powers, noise, transportation,
Recording Data and Maps. GC 34090 2 years
DMV Drivers’ Records Reports (DMV
Pull-Notice System)
Motor Vehicle Pulls; Personnel record – not a
public record
GC 34090
GC 6254(c)
VC 1808.1(c)
Until superseded (should
receive new report every 12
months)
Easements, Real Property File with recorded documents; originals may not be destroyed. GC 34090 Permanent
Economic Development Projects Administrative records/Staff reports/Project files GC 34090 2 years

16.b
Packet Pg. 475
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

15 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
EEOC Records
(Equal Employment Opportunity
Commission)
Records, reports showing compliance with
federal equal employment requirements (EEO-4
Reports, etc.) 29 CFR 1602.30 3 years
Election - Administrative Documents Not ballot cards or absentee voter lists/applications. GC 34090 2 years
Election – Affidavit Index Voter registration index
EC 17001 5 years
Election - Ballots and Related
Documents
STATE & LOCAL ELECTIONS: All ballot
cards (voted, spoiled, canceled) arranged by
precinct, unused absentee ballots, ballot
receipts, absent voter identification envelopes,
absentee voter applications. May be destroyed
subject to any pending contest.

EC 17302, 17306,
17505 6 months
Election - Ballots and identification
envelopes – Federal offices
For elections to Federal office (President, Vice
President, US Senator, US Representative) EC 17301 22 months Election - Ballots - Prop. 218
(Assessment Districts)
Ballots - Property related fees (Assessment
Ballot proceeding)
[Ballots are disclosable public records during
and after tabulation]
GC 53753(e)(2) 2 years

16.b
Packet Pg. 476
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

16 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Election - Canvass
Notifications and Publication of Election
Records used to compile final election results,
including tally sheets, voting machine
tabulation, detailed breakdown of results;
special election results
EC 17304 6 months
Election - Election Official’s Package
of Documents
Package of 2 tally sheets, copy of index,
challenge lists, assisted voters list.

Public record - all voters may inspect after
commencement of official canvass of voters
EC 17304 6 months
Election - Nomination Documents -
successful
All nomination documents and signatures in
lieu of filing petitions EC 17100 Until term expires + 4 years Election - Nomination Documents -
unsuccessful GC 81009(b) 5 years
Election Petitions -
Initiative/Recall/Referendum;
Charter Amendments
Not a public record - documents resulting in an
election - retention is from election
certification.

EC 17200, 17400
GC 6253.5;
EC 17400;
GC 34458-60
8 months
Election Petitions - No election Not a public record. Not resulting in an election. Retention is from final examination.

EC 17200, 17400
GC 6253.5 8 months

16.b
Packet Pg. 477
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

17 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Election - Precinct Records
From date of election: Precinct official
material; declaration of intention; precinct
board member applications; orders appointing
members of precinct boards and designating
polling places includes notice of appointment of
office and record of service
EC 17503 5 months
Election - Roster of Voters
From date of election; initiative; referendum
recall; general municipal election; Charter
Amendments
EC 17300 5 years
Election - Voter Affidavits Affidavits of registration retained by the elections official EC 17000 5 years
Emergency Operations Planning (EOP) Emergency Operations Plan and other Disaster Preparedness records
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Until superseded + 2 years
Employee Benefits/ Insurance Plans
Benefit plans (including “cafeteria” and other
plans); health insurance programs; records
regarding COBRA – extension of benefits for
separated employees, insurance policies (health,
vision, dental, deferred compensation, etc.)
29 USC 1027
28 CCR 1300.85.1
11 CCR 560
29 CFR 1627.3(b)(2)
For life of plan/policy + 6
years
Employee Bonds (Fidelity)
Form of insurance that covers employer (City)
for losses resulting from fraudulent acts of
specified employees
GC 34090 While current + 2 years

16.b
Packet Pg. 478
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

18 Updated April 2024

Employee Files/ Personnel Records
Personnel files --Not a public record.

All employee records may include release
authorizations; certifications; reassignments;
outside employment; commendations,
disciplinary actions; terminations; oath of
Office; pre-employment medical evaluations;
fingerprints; identification cards (ID’s).

Employee Statistics, benefit activity, liability
loss.

Police Department employees (except for peace
officers), fire, emergency employees—records
may include release authorizations;
certifications; reassignments; outside
employment; commendations; disciplinary
actions; terminations; oaths of office; pre-
employment medical evaluations.

Peace Officer Personnel records

GC 12946
GC 6254(c)
29 CFR 1627.3
29 CFR 1627.3
LC 1174
GC 34090

29 CFR 1627.3
29 CFR 1602.31
29 CFR 516.6 et. Seq.

LC 1174
GC 34090
GC 12946

Op. Atty.Gen No. 99-
1111(May 2, 2000)
*Certain information
disclosable under PC
§ 832.7 in response to
Public Records Act
Length of employment + 3
years

Length of Employment + 5
years

16.b
Packet Pg. 479
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

19 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
request

Employee Information, General Name, address, date of birth, occupation, rate of pay and weekly compensation earned
GC 12946
29 CFR 1627.3
LC 1174
3 years
Employee Information - CEIR
Personnel--California Employer Information
Report
(for employers of 100 or more employees)
2 CCR 11013 (c)(1)
GC 12946 Received + 2 years
Employee Information - Applicant
Identification Records
Personnel--Data regarding race, gender,
national origin of applicants 2 CCR 11013 (c)(2) Received + 2 years Employee, Medical Records (routine)
Maintained separate from other medical records
-- Health insurance claims; Records of one-time
first aid treatment for minor injuries (burns,
splinters, etc), not involving medical treatment,
loss of consciousness, restriction of work or
motion, or transfer to another job, if made on-
site by a non-physician
GC 12946, 34090
29 CFR 1627.3
Length of employment + 3
years

16.b
Packet Pg. 480
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

20 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Employee, Noise Exposure Noise exposure measurement records Employee audiometric test records
8 CCR 5100
8 CCR 5100
Current + 2 years
Length of employment
Employment Agreements – At-Will
Employees; Temporary Employees
Original agreements/contracts for at-will
employees or temporary employees
CCP 337
CCP 343
Length of employment + 4
years
Employment Applications - Not Hired
Applications submitted for existing or
anticipated job openings, including any records
pertaining to failure or refusal to hire applicant
GC 34090
GC 12946
29 CFR
1627.3(b)(1)(i)
2 years
Employment Eligibility Verification (I-
9 Forms)
Federal Immigration and Nationality Act;
Immigration Reform/Control Act 1986
8 USC 1324a (b)(3)
Pub. Law 99-603
3 years after date of hire, or
1 year after date of
termination, whichever is
later
Employment - Surveys and Studies Includes classification, wage rates GC 12946
GC 34090
29 CFR 516.6
2 years
Employment – Certification and
Training Records,
Paperwork documenting internal and external
training for employees; includes any volunteer
program training - class training materials,
internships; includes public safety certifications.

GC 34090
GC 12946
Length of employment + 2
years
Employment - Vehicle Mileage
Reimbursement Rates Annual mileage reimbursement rates GC 34090 Until superseded + 2 years

16.b
Packet Pg. 481
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

21 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Engineering
Capital Improvement Projects
Supporting documentation including bidders
list, specifications, reports, plans, work orders,
schedules, etc.

GC 34090, CCP
337.15
Project completion + 10
years
Engineering
Construction Tracking,
Daily
Daily/weekly logs; daily/weekly reports, etc. CCP 337.15 Project completion + 10 years
Engineering
Drawings, Traffic
Control Plan
Signs, signing and striping, road construction GC 34090 Permanent Engineering
Flood Control Storm Drains GC 34090 Permanent
Engineering
Special Districts
Supporting documents regarding improvement
districts, lighting districts, underground utility
districts, etc.

GC 34090 Permanent
Engineering
Street/Alley (Abandonment/
Vacation)
Relinquishment of rights and fee title GC 34090 Permanent Engineering
Traffic Signals Counts, collisions, accidents GC 34090 Completion + 2 years Enterprise Systems Catalog
Catalog of software applications, computer
systems used by the City. Due 7/1/2016, per
Senate Bill 272 (2015 Statutes).

GC 6270.5 (Eff.
7/1/2016)
Must be completed by
7/1/2016, posted on City
website and updated
annually

16.b
Packet Pg. 482
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

22 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Environmental Quality
Air Quality (AQMD)

Participants/voucher logs, Total Daily Mileage
Survey (TDM); various local authorities;
Commute Alternative
CCP 338(k);
GC 34090 3 years
Environmental Quality
Asbestos
Documents, abatement projects, public
buildings (Only for public buildings). GC 34090 Permanent Environmental Quality
California Environmental Quality Act
(CEQA)
Exemptions, Environmental Impact Report,
Mitigation monitoring, negative declaration,
notices of completion and determination,
comments, statements of overriding
considerations
GC 34090; Sec. of
State Local Gov’t
Records Mgmt.

Guidelines; CEQA
Guidelines; Golden
Door Properties, LLC
v. Superior Court
(2020) 53 Cal.App.5th
733; PRC 21167.6
Permanent

Drafts released to the public
for review must be kept 2
years
Environmental Quality
Congestion Management Ride sharing, trip management GC 34090 Completion + 2 years Environmental Quality
Environmental Review
Correspondence, consultants, issues,
conservation GC 34090 Completion + 2 years
Environmental Quality
Pest Control
Pesticide applications, inspections and
sampling, documents GC 34090 Completion + 2 years
Environmental Quality
Soil Analysis, construction recommendations GC 34090 Completion + 2 years

16.b
Packet Pg. 483
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

23 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Environmental Quality
Soil Reports Final Reports GC 34090 Permanent
ERISA Records
(Employee Retirement Security Act)
Employee Retirement Income Security Act of
1974
- Plan reports, certified information filed;
records of benefits due
29 USC 1027
29 USC 1059
6 years

Ethics Training Records (AB 1234;
effective 1/1/06)
Records required to be kept under Gov. Code
section 53235.2. Records must show dates that
local officials satisfied the training requirements
and the entity that provided the training
GC 53235.2 5 years after receipt of
training
Events Planning, Community Review for historic significance GC 34090 2 years Family and Medical Leave Act
(federal)
Records of leave taken, City policies relating to
leave, notices, communications relating to
taking leave
29 CFR 825.500
GC 12946
3 years

Federal Tax Records May include Forms 1095-C, 1096, 1099, W-4 and W-2
26 CFR 31.6001-1(e)
29 CFR 516.5-516.6 Current + 4 years
Fee Schedules/Studies Considered by the City Council GC 34090 2 years Fire Protection District Administration Administrative documents. GC 34090 2 years

16.b
Packet Pg. 484
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

24 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Fire Safety
Administration

General orders, policies & procedures GC 34090 Until superseded + 2 years Fixed Assets
Inventory

Reflects purchase date, cost, account number GC 34090 Until audited + 2 years Fixed Assets
Surplus Property

Auction; disposal –
Listing of property; sealed bid sales of
equipment

GC 34090
CCP 337 Until audited + 4 years
Fixed Assets
Vehicle Ownership & Title Title transfers when vehicle is sold. VC 9900 et. seq. Until sold Flood Plain Maps FEMA - not a City record, for information only. Until Superseded Forms Administrative - blank Until Superseded
Fund Transfers Internal; bank transfers & wires GC 34090 Until audited + 2 years

16.b
Packet Pg. 485
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

25 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
General Ledgers All annual financial summaries--all agencies GC 34090 CCP 337
Until audited + 4 years

Published articles show 4 –
7 years retention as typical

Sec. of State Guidelines
recommends permanent
retention
General Plan . GC 34090 Permanent
General Plan Amendments GC 34090 Permanent
Gift to Agency Report
(FPPC Form 801)
FPPC form showing payment or donation made
to the City or to a City official and which can be
accepted as being made to the City
2 CCR
18944(c)(3)(F), (G);
FPPC Fact Sheet :
“Gifts to an Agency –
Part 2”
Originals – 7 years;
Copy must be posted on
City website
Gifts/Bequests Finance - to the City (kept with cash receipts) GC 34090 2 years Grading Permits GC 34090 Until completed + 2 years
Grading Variances GC 34090 Until completed + 2 years

16.b
Packet Pg. 486
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

26 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Grants
Community Development Block
Grant (CDBG); Urban Development;
other Federal and State grants
Grant documents and all supporting documents:
applications, reports, contracts, project files,
proposals, statements, sub-recipient dockets,
environmental review, inventory, consolidated
plan, etc.

GC 34090
24 CFR 570.502
24 CFR 85.42
Until completed + 4 years
Grants - Unsuccessful Applications not entitled GC 34090 2 years Hazardous Materials &
Hazardous Waste Disposal Records
Examples of hazardous materials/hazardous
waste: medical waste; used oil; pesticides
H&S 117945
H&S 118165
22 CCR 66279.91
3 CCR 6624(g)
3 years
Hazardous Materials -
Permits, Hazardous Materials Storage GC 34090
While current + 2 years
[Permanent retention of
documents regarding
environmentally sensitive
materials is recommended]
Hazardous Materials -
Programs, Household Hazardous
Waste
Documents regarding federal, State or local
programs on disposal of household hazardous
waste
GC 34090 Until superseded + 2 years

Hazardous Materials -
Underground Storage Tank
Compliance
Documents regarding: storage, location,
installation, removal, remediation GC 34090 Permanent

16.b
Packet Pg. 487
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

27 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Hazardous Materials -
Underground Storage Tank
Maintenance and Repair
Documents regarding: repairs, lining and
upgrades 23 CCR 2660(j), 2712 For the life of the tank
Historic Preservation Inventory Records of historic landmarks, including historic register GC 34090 Current + 2 years
Home Occupation Permits Business license related GC 34090 Current + 2 years Housing Programs Planning/
Successor Agency files. GC 34090 Current + 2 years
Housing Programs
Examples: First-Time Home Buyer Program,
Mobile Home Rehabilitation and Replacement
Program, CDBG Housing Program, CalHome
Program, Low/Moderate Housing programs,
Rental Housing Assistance, etc.
24 CFR 570.502
24 CFR 85.42 4 years
Insurance Personnel related GC 34090 While current, + 2 years Insurance, Joint Powers Agreement Accreditation, MOU, agreements and agendas GC 34090 Current + 2 years Insurance Certificates, City
Liability, performance bonds, employee bonds,
property; Insurance certificates filed separately
from contracts, includes insurance filed by
licensees.

GC 34090 While current + 2 years
Insurance, Liability/Property May include liability, property, Certificates of Participation, deferred, use of facilities GC 34090 While current + 2 years

16.b
Packet Pg. 488
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

28 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Insurance, Risk Management Reports
Federal OSHA Forms; Loss Analysis Report(
how much paid out in claims); Safety Reports;
Actuarial Studies (Loss projections).
29 CFR 1904.44
GC 34090 5 years
Investment Reports, Transactions Summary of transactions, inventory and earnings report
GC 34090
CCP 337 Until audited + 4 years
Invoices Invoices from vendors and back-up documents
CCP 337
26 CFR 31.6001-
1(e)(2); Sec. of State
Local Gov’t Records
Mgmt. Guidelines
recommendation

Until audited + 4 years

Job Descriptions
Descriptions of duties, qualifications,
responsibilities for each
position/classification/job title
29 CFR 1627.3 While current + 3 years
Labor Organizations
Records of payments, loans, promises or
agreements by City to any labor organization or
representative of same
29 USC 436 5 years
Land Use and Development Code GC 34090 Until superseded Lease Agreement Property or equipment
CCP 337
CCP 337.2
CCP 343
Until terminated + 4 years

16.b
Packet Pg. 489
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

29 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Legal Notices / Affidavits of
Publication or Posting
Examples: Notices of public hearings, notices
of liens, etc. Also proof of publication of
notice, or proof of posting of notice
GC 34090
Current + 2 years, unless
part of a project or matter
that requires longer
retention (i.e., CEQA
documents)
Legal Opinions Confidential – not for public disclosure (attorney-client privilege) GC 34090 Until superseded + 2 years Licenses/Permits – Special (Events;
Solicitation)
This category DOES NOT include business
licenses/permits GC 34090 Current + 2 years
Litigation Case files GC 34090 Until settled + 2 years
Lobbying or Lobbyist Forms (FPPC
forms)
FPPC Form 602 – Lobbying Firm Activity
Authorization; FPPC Form 635 – Report of
Lobbyist Employer & Report of Lobbying
Coalition – forms used when employing or
contracting with a lobbying firm
FPPC Reg. 18615(d) 5 years
Local Appointments List
(“Maddy List”)
List of all regular and ongoing boards,
commissions, and committees appointed by the
City Council – pursuant to the Maddy Local
Appointive List Act
GC 54970, et seq.

GC 34090
Until superseded (new list
prepared each Dec. 31st)
Lot Line Adjustments Land use - case files. GC 34090 Permanent Maintenance Manuals Equipment service/maintenance GC 34090 Until superseded Maintenance/Repair Records Equipment GC 34090 2 years

16.b
Packet Pg. 490
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

30 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Maps & Plats
Engineering & field notes and profiles; cross
section of roads, streets, right-of-way, bridges;
may include annexations, parks, tracts, block,
storm drains, water easements, bench marks,
trees, grading, landfill, fire hydrants, base maps,
etc.

GC 34090 Permanent
Marketing, Promotional Brochures, announcements, etc. GC 34090 2 years Master Plans, Annual
Special or long range program plan for
municipalities – coordination of services;
strategic planning
GC 34090 2 years
Materials Board, Renderings Boards &
Photographs Planning/Engineering GC 34090 2 years
Memoranda of Understanding (MOU) Personnel related; agreements with employee bargaining units resulting from negotiations
GC 34090;
29 USC 211(c)
29 CFR 516.5
Sec. of State Local
Gov’t. Records Mgmt.

Guidelines
Current + 3 years

Sec. of State recommends
permanent retention
Minutes Council/Successor Agency/Commissions. GC 34090(e) Permanent Municipal Code GC 34090 Permanent

16.b
Packet Pg. 491
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

31 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Municipal Facilities
Construction
Contains records of plans, design, construction,
conversion or modification of local
government-owned facilities, structures and
systems
GC 34090
H&S 19850

For the life of the building
Municipal Facilities
Facility Rentals; Use
Permits, contracts, diagrams, schedules,
insurance binders GC 34090 Current + 2 years
Municipal Facilities
Maintenance and Operations
Service requests, invoices supporting
documentation, buildings, equipment, field
engineering, public facilities including work
orders and graffiti removal
GC 34090 2 years

Newsletter, City May wish to retain permanently for historic reference. GC 34090 2 years
Notices – Public Meetings Special Meetings GC 34090 2 years NPDES Permits – sewage/sludge
National Pollutant Discharge Elimination
System (NPDES) – permit – sewage sludge use
and disposal – monitoring records
40 CFR 503.17 5 years
NPDES Permits -
NPDES permit - monitoring information,
including calibration and maintenance records,
original strip chart recordings, required reports
and all data used to complete the permit
application
40 CFR 122.41 3 years

16.b
Packet Pg. 492
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

32 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Nuisance Abatement
Includes citations (not police), nuisance
abatement, and liens resulting from nuisance
abatement.

GC 34090 Until settled + two years
Oaths of Office Elected and public officials (i.e., Council members; commissioners; etc.)
GC 34090
29 USC 1113
Sec. of State
Guidelines
Current plus 6 years
Offers of Dedication GC 34090 Until Completed
Ordinances Ordinances adopted by City Council GC 34090(e) Permanent Paramedic Services Documents other than original contracts. GC 34090 2 years Parcel Map Waivers Land use - planning case files GC 34090 Permanent Parcel Maps Land use - planning/engineering case files GC 34090 Permanent Parking Citations Includes administrative parking citations and appeals GC 34090 Until settled/adjudicated + 2
years
Parking Studies Engineering GC 34090 2 years

16.b
Packet Pg. 493
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

33 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Payroll - Federal/State Reports Annual W-2's, W-4’s, Form 1099s, etc.; quarterly and year-end reports
29 USC 436
26 CFR 31.6001-4
R&TC 19530
R&TC 19704
26 USC 6001
26 CFR 301.6501(a)-
1 26 CFR 31.6001-1(e)
29 CFR 516.5 – 516.6
6 years
Payroll Deduction/
Authorizations Finance 29 CFR 516.6(c) While Current + 2 years Payroll records (employee information)
Records showing employee information/data –
names, addresses, etc.; hours worked; regular
and overtime wages, etc.
29 CFR 516.5
LC 1174(d), 1197.5

Length of employment + 3
years
Payroll, registers
Finance
Labor costs by employee & program

29 CFR 516.5(a)
LC 1174(d)

3 years

(Sec. of State Guidelines –
recommended permanent
retention)

16.b
Packet Pg. 494
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

34 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Payroll, time cards/sheets Employee 29 CFR 516.6(a)(1)
LC 1174(d)
2 years
(Sec. of State guidelines –
recommends retention: until
audited + 6 years)
Payroll - Wage Rates / Job
Classifications
Employee records

LC 1197.5(d)
LC 1174(d)
GC 34090
GC 12946
29 CFR 516.6
29 CFR 1602.4
29 CFR 1627.3
While current + 3 years
Permits, Construction
Other than building permits - For signs,
grading, encroachment, including copies of
blueprints and specifications
GC 34090
Until completed + 2 years
Permits, Other
Alterations, encroachment, excavations, road,
street sidewalks & curb alterations,
transportation, swimming pool drainage,
temporary uses, etc.

GC 34090 Until completed + 2 years
PERS - Employee Benefits
Retirement Plan – annual reports required to be
filed under ERISA

PERS Employee Benefit Plan – original
document, or copies
29 USC 1027

29 CFR 1627.3(b)(2)
GC 34090
6 years

Current + 2 years

16.b
Packet Pg. 495
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

35 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Personnel Policies -- Rules and
Regulations
Including employee handbooks, employee
manuals, and other policies/procedures
29 CFR 516.6
29 CFR 1627.3(a) Current + 3 years
Petitions Submitted to legislative bodies GC 34090 Current + 2 years Planning Case Files Zone Change, Conditional Use Permits, Variances, etc.

GC 34090; Sec. of
State Local Gov’t
Records Mgmt.

Guidelines; CEQA
Guidelines; Golden
Door Properties, LLC
v. Superior Court
(2020) 53 Cal.App.5th
733; PRC 21167.6
Permanent
Planning Commissioners Applications and other documents relating to commissioners.

GC 34090
Sec. of State
Guidelines
Term of office + 5 years
Police
CAD Database CAD call card management software system
Database is
maintained while
active
While active, until
superseded

16.b
Packet Pg. 496
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

36 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Policy Manuals
Including, but not limited to, Lexipol policies;
Special Orders
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Changes made to any
Lexipol policies over
the preceding year
will be catalogued in
line with the 3 year
retention set forth
herein.

Current + 3 years
Police
LiveScan Fingerprinting
Public external requests; Registrants, and any
other non-City employment
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Maintain fingerprint
information for city
employment in
employee's personnel
file
Current + 2 years

16.b
Packet Pg. 497
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

37 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Concealed Weapons Permit
Applications
Approved/Denied/Retired Peace Officer Permit
Applications
GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

State
Recommendation, 2
years after the license
expires.

Permanent
Police
Grievances
Supporting documentation for the Police
Department not otherwise covered by Section
05-08-06
State requires 2 years
after action is taken;
29 CFR
§§ 1602.31 & 1627.3
(b)(ii), GC §§ 12946,
12960,
34090; 29 USC §
1113, LC § 1174
Current + 2 years
Police
ALPR – Automated License Plate
Reader
Data downloaded and retained by Department
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

If evidence, follow
Evidence/Property
retention.

Current + 2 years

16.b
Packet Pg. 498
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

38 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
DOJ Crime Statistics Monthly scanned reports
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Permanent
Police
Work Schedule Database
Work scheduling management software
system
EEOC’s basic
requirement is 1 year
after action;
Bureau of National
Affairs recommends 2
years for
work schedules.

Current + 2 years
Police
Confidential Informant Files
Legal notifications, identification information,
payment information, activities
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Length of service + 10 years
Police
Animal Services Clinics Spay/neuter, vaccination clinic receipts GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 2 years
Police
Asset Seizure Annual Reports Expenditures/Revenues
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 10 years

16.b
Packet Pg. 499
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

39 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Task Force Reimbursement Billing Back-up documentation
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 10 years
Police
Contracted Services Records
Traffic, special event, crowd control, police
presence, and other contracted services, etc.;
billing and back-up documentation
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 2 years
Police
Public Records Act requests
Received and managed by the police
department (as opposed to requests managed by
City Clerk)
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 2 years
Police
U-Visa/T-Visa Applications Application and back-up documentation GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 25 years
Police
Traffic Impound and Towing reports
Includes, but is not limited to, any
administrative hearing and supporting
documentation; Franchise Tow/Franchise Tow
Inspection Reports
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Current + 2 years
Police
Destruction of items memoranda
Includes destruction logs for Internal Affairs,
Public Records Act Requests, etc. based on
purging in line with this Retention Schedule
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Permanent

16.b
Packet Pg. 500
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

40 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Alarm Business Permit documents Applications, suspension, revocation materials GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.
2 years after
correction/completion
Current + 2 years
Police
Background File, includes but is not
limited to, Release of
Information forms for PD Personnel [to
and from PD to outside entities, and
Record Check letter], Medical and
Psychological Suitability Letters and
fingerprinting information
Hired

Not Hired
GC 34090; GC
12946; 2 year
minimum
requirement; PC
832.5; ; 29 CFR
1627.3; 3 year
required for
employees;

EEOC/FLSA/ADEA
(Age) require 3 years.

Length of employment + 6
years

Current + 25 years
Police
Release of Liability Waivers
Non-employees/Volunteers (Ride a-longs,
helicopter flights and other police-involved
activities)
GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

CCP § 335.1; 2 years
for action on injuries
caused by neglect
Current + 2 years

16.b
Packet Pg. 501
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

41 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Internal Affairs Investigations
Includes citizen generated complaints resulting
in internal investigations, department-initiated
discriminatory harassment and hostile work
environment internal investigations
PC 832.5(b) Statutory
minimum of 5 years

*Certain Internal
Affairs investigation
material disclosable
under PC § 832.7 in
response to Public
Records Act request
Current + 5 years
Police
Internal Affairs Investigations-
Department-initiated
Include both Sustained and Not Sustained
Formal Inquiries, Administrative Reviews and
complaints.

Also includes Administrative Reviews of
Officer Involved Shootings.

EVC §1045; GC
§12946; PC §§ 801.5,
803(c) PC §832.5
requires retention of 5
years for unsustained
and 15 years for
sustained findings.

*Certain Internal
Affairs investigation
material disclosable
under PC § 832.7 in
response to Public
Records Act request
Current + 5 years
unsustained

Current + 15 years sustained

16.b
Packet Pg. 502
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

42 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
POST Training
Internal POST training sign-in sheets, roster,
course outline, and instructor roster
GC 34090; 2 year
minimum
requirement; 29 CFR
1627.3(b); 1 year for
training records;
GC 12946; 2 years
after termination; 29
CFR 516.6 et. seq.

2 years after
termination for
certificates and
designations training.

Length of employment + 6
years

16.b
Packet Pg. 503
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

43 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Non-POST Training Classes
All non-certified POST training such as formal
departmental training including, but not limited
to, rosters, course outline, and training memos.

GC 34090; 2 year
minimum
requirement; 29 CFR
1627.3(b); 1 year for
training records;
GC 12946; 2 years
after termination; 29
CFR 516.6 et. seq.

2 years after
termination for
certificates and
designations training.

Length of employment + 6
years
Police
Range Qualifications In-house qualifications
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Length of employment + 2
years
Police
Department Employee Training
Manuals, related materials
Includes, but not limited to, Field Training
Officer Manual, and trainee logs for Sworn
personnel and Training Officer Manuals and
trainee logs for non-sworn personnel
GC 34090; 2 year
minimum
requirement; State of
California Guidelines.

Length of employment + 6
years

16.b
Packet Pg. 504
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

44 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Volunteer/Chaplain Personnel Files
Accepted applications:

Includes but is not limited to background
checks, emergency, and contact information.

Denied Applications:

GC 12946; 2 years
after
completion/position
filled
29 CFR 1602.14; 1
year after position
filled
29 CFR 1602.13;
Maintain EEOC
demographic
information
29 CFR 1627.3; 1
year after position
filled
State of California
Guidelines; 2 years
after termination

Length of employment + 6
years

Current + 3 years

16.b
Packet Pg. 505
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

45 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Explorer Program Personnel Files
Accepted applications:

Includes but is not limited to background
checks, emergency applications, and contact
information

Denied Applications:

Length of service + 3 years

Completed + 25 years
Drug Offender Registrants Drug Registration Documents
GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

H&S § 11590
Completed + 5 years

16.b
Packet Pg. 506
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

46 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Sex Offender Registrants Sex Registration Documents
Until Registrant is
deceased or sealed for
juveniles; PC § 290;
W&I § 781(b)
Permanent
Police
Arson Offender Registrants Arson Registration Documents Until Registrant is
deceased or sealed for
juveniles.

PC § 457.1, W&I §
781(b).

Permanent
Police
Gang Registrant Gang Registration Documents
Until Registrant is
deceased or sealed for
juveniles;
PC §§ 186.30; 186.32;
W&I §781(b).

Permanent

16.b
Packet Pg. 507
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

47 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Crime Reports: “Detention Only”
Retainable Arrests (Detention
certificate)

Provided there are no
outstanding warrants,
deaths,
and it is not classified
under PC §800 et seq.
or §
290; Statute of
Limitations is 2 years;
Destroy records of
juvenile offenders re:
marijuana after age
18; H&S §11361.5;
PC § 800 et seq.

Completed + 5 years
Police
Crime Reports: Bodies – Natural
Death, Released by Coroner

GC 34090; 2 year
minimum requirement
State of California
Guidelines; 2 years
after
correction/completion.

Completed + 5 years

16.b
Packet Pg. 508
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

48 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Crime Reports: Infractions,
Misdemeanors (Except Marijuana less
than 28.5 grams), Lost/Stolen Property
(No Serialized Property or NCIC
Entry), Suspicious Circumstances

Provided there are no
outstanding warrants,
deaths,
and it is not classified
under PC §800 et seq.
or §
290; Statute of
Limitations is up to 3
years; Destroy
records of juvenile
offenders re:
marijuana after age
18; H&S §11361.5;
PC §§ 484-502.9, 802
Completed + 5 years

16.b
Packet Pg. 509
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

49 Updated April 2024

Police
Crime Reports: Felonies Except
Homicide, Juvenile, Child Abuse, or
Sexual Assault.

NOTE: destruction of
felony, misdemeanor
and
infraction crime and
supplemental reports
cannot
include: 1) an
adjudicated arrest
except for H&S §
11357 or H&S §
11360 violations; 2)
unserved
warrants; 3)
identifiable items
which have not been
recovered; 4) any case
related to PC §§ 290,
457.1 or H&S §
11590 registrants; 5)
any violation listed in
PC §§ 799 or 800 et
seq.; 6) any case
presently involved in
either civil litigation
or criminal
prosecution.

Completed + 10 years
Police Provided there are no Completed + 5 years

16.b
Packet Pg. 510
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

50 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Crime Reports: Felonies: Reduced To
Misdemeanor
outstanding warrants,
deaths,
and it is not classified
under PC §§ 800 or
290;
Statute of Limitations
is up to 3 years;
Destroy
records of juvenile
offenders re:
marijuana after age
18; H&S §11361.5;
PC § 801 et seq.

Police
Crime Reports: Felonies: Homicide,
Falsification of Public Records,
Kidnapping, Unsolved Child or Elder
Abuse, Sexual Assault and Neglect,
Misuse of Public Funds, Train-
wrecking, Treason, Suicide. (Crimes
subject to Death Penalty or without
Statute of Limitations)

PC §§ 187, 207-210,
219, 261, 286, 288,
288a, 288.5, 289,
289.5, 799, 803.

Permanent
Police
Crime Reports: Child Abuse
Unsubstantiated Cases: Child Abuse, Child
Neglect
PC §§ 11169(c),
11170(a)(3) Completed + 10 years

16.b
Packet Pg. 511
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

51 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Crime Reports: Marijuana Citations or Reports (less than 28.5 grams) GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

H&S §11361.5;
Destroy records of
juvenile offenders
re: marijuana after age

18. Completed + 2 years
Police
Crime Reports: Sealed Records
Statute of Limitations
runs up to age of
majority + 8
years; Sealing for
Juveniles and Wards
of the Court
retained for 5 years;
CCP §340.1; W&I
§781(d)
Sealing Date+5 years
Police
Crime Reports: Stolen vehicles
Recovered

Not Recovered
GC 34090; 2 year
minimum requirement
State of California
Guidelines.

Current + 3 years

Permanent

16.b
Packet Pg. 512
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

52 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Crime Reports: Weapons, Lost / Stolen
Property (Serialized or Property
Entered into NCIC)
Recovered

Not Recovered
GC 34090; 2 year
minimum requirement
State of California
Guidelines.

Current + 5 years

Permanent
Police
Incident Reports: Non-criminal
GC 34090; 2 year
minimum requirement
State of California
Guidelines.

Current + 3 years
Police
Incident Reports: Found
Property/Safekeeping Reports

If artifact over
$10,000, artifact is
permanent – Statute of
Limitations is up to 3
years (recovery from
seized property by
police is 1 year); CCP
§§ 338(c), 340(d),
341(a).

Current + 3 years
Police
Incident Report: 5150 WIC 72 Hour Hold
GC 34090; 2 year
minimum requirement
State of California
Guidelines.

Current + 10 years

16.b
Packet Pg. 513
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

53 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Reports: Missing Person & Runaway
Resolved

Unresolved
GC 34090; 2 year
minimum requirement
State of California
Guidelines.

Current + 3 years

Permanent
Police
Reports: Traffic Collisions-Non Fatal
GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

Actions against
drivers must be
brought in 3 years,
VC §2547
Current + 3 years
Police
Reports: Traffic Collisions-Fatal PC §§ 187, 191.5,
192(c), 800 et seq Permanent
Police
Jail Documents Daily Logs and Inmate files
GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

State
Recommendation, 6
years after current
year
Current + 6 years

16.b
Packet Pg. 514
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

54 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Police
Juvenile Detention Logs In-Custody and Non-custody
GC § 34090; 2 year
minimum
requirement; State of
California Guidelines.

State
Recommendation, 6
years after current
year
Current + 6 years
Police
Body Worn Camera Footage
PC § 832.18, non-
evidentiary data shall
be retained
for 60 days.

Evidentiary data shall
be maintained for
a minimum of 60
months, unless longer
retention
required.
60 days; 60 months
Police
Daily logs for property and evidence
room
Entering/exiting property
GC 34090; 2 year
minimum requirement
State of California
Guidelines.

Current + 25 years
Policies, Administrative
All policies and procedures, directives rendered
by Council not assigned a resolution or
ordinance number
GC 34090

Until Superseded + 2 years

16.b
Packet Pg. 515
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

55 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Policies, Council/
Successor Agency/Commissions
Original policies adopted by the City
Council/Successor Agency/
Commissions.

GC 34090 Until Superseded
Political Support/Opposition, Requests
& Responses Related to legislation. GC 34090 2 years
Press Releases City related. GC 34090 2 years
Procedure Manuals Administrative. GC 34090 Until superseded + 2 years Proclamations City issued proclamations GC 34090
2 years; if done by City
Council Resolution, then
permanent retention
Property, Abandonment Buildings, condemnation, demolition GC 34090 Permanent Property Acquisition/
Disposition
City owned. Supporting documents regarding
sale, purchase, exchange, lease or rental of
property by City
CCP 337.15 10 years
Public Records Act Request Requests from the public to inspect or copy public documents GC 34090 2 years
Purchasing
RFQ’s, RFP’s
Requests for Qualifications; Requests for
Proposals regarding goods and services

GC 34090 Current + 2 years
Purchasing, Requisitions, Purchase
Orders Original Documents GC 34090
CCP 337 Until audited + 4 years

16.b
Packet Pg. 516
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

56 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Recordings - audio (e.g., for
preparation of meeting minutes)
Council/Commission/
Successor Agency meetings -- audio recording
“made for whatever purpose by or at the
direction of the local agency”
GC 34090; 54953.5(b)

Minimum 30 days

Recordings - routine video monitoring,
telephone, and radio communications
Routine daily recording of telephone & radio
communications; routine video monitoring
including in-car video systems, jail
observation/monitoring systems, building
security systems. [Includes automated license
plate reader (ALPR) video recordings/data]
GC 34090, 34090.6
Videos - 1 year; Phone &
Radio communications -
100 days (destruction must
be approved by City
Council & City Attorney)
Recordings, video or digitally recorded
– meetings of legislative bodies
Videos or digital recordings of public meetings
made by or at the direction of the city (e.g.,
Council/Commission/Successor Agency
meetings)
GC 54953.5(b) Minimum 30 days
Recordings, video or digitally recorded
(Duplicate – see Description or
Example of Record)
Other than videos or digital recordings of public
meetings; Considered duplicate records if
another record of the same event is kept (i.e.,
written minutes)
GC 34090, 34090.7
85 Ops. Cal. Atty.

Gen. 256 (2002)
Minimum 90 days after
event is recorded
Records Management Disposition
Certification Documentation of final disposition of records GC 34090 Permanent Records Retention Schedules GC 34090 Current + 2 years

16.b
Packet Pg. 517
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

57 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Recruitments and Selection
Records relating to hiring, promotion, selection
for training. Neogov is fine as long as we can
keep records for 3 years.
29 CFR 1627.3 3 years
Refuse Collection General administrative records GC 34090 2 years Registration Forms Human Services Recreation Programs GC 34090 2 years Release Forms/Waivers Human Services Recreation Programs GC 34090 2 years Resolutions Resolutions adopted by the City Council and City Commissions GC 34090(e) Permanent
Returned Checks Finance-NSF (not City checks) GC 34090 2 years after audit Salary/Compensation Studies, Surveys
Studies or surveys of other agencies regarding
wages, salaries and other compensation or
benefits
GC 34090 While current + 2 years
Settlement Agreements
Final, signed/approved settlement agreements
for litigation matters, claims, citations, etc.

For Workers Compensation claims – final,
signed/approved settlement agreements
GC 34090

8 CCR 10102
8 CCR 15400.2
2 years after
signed/approved

5 years after
signed/approved

Sewer Construction/
Improvement/
Maintenance
Administrative records. GC 34090 2 years

16.b
Packet Pg. 518
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

58 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Speed Surveys Engineering GC 34090 Until superseded plus 2 years
State Controller Annual reports. GC 34090 2 years
Statements of Economic Interest -
Form 700 (copies) (elected officials)
Copies of original statements of elected officials
forwarded to Fair Political Practices
Commission (FPPC)
GC 81009(f), (g) 4 years (can image after 2
years)
Statements of Economic Interest -
Form 700 (originals) (non-elected)
Originals of statements of designated
employees GC 81009(e), (g) 7 years (can image after 2
years)
Stop Payments Finance - bank statements GC 34090 2 years Storm Drain Construction/
Improvement/
Maintenance
Administrative records. GC 34090 2 years
Street Construction/
Improvements Administrative records GC 34090 2 years
Street Vacations Offers to dedicate; drainage; access rights, etc. GC 34090 Permanent Studies, Various City GC 34090 While current + 2 years Subpoenas (Subpoena Duces Tecum;
Deposition Subpoena, etc.)
Subpoena served on the City or on a City
employee by a third party (City/Employee is not
a party in the litigation), including copies of any
records produced in response to the subpoena
GC 34090 2 years
Taxes, Special Special tax levied by a local agency on a per parcel basis CCP 338(m) Until audited + 3 years

16.b
Packet Pg. 519
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

59 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Unemployment Insurance Records Records relating to unemployment insurance – claims, payments, correspondence, etc.
26 USC 3301-3311;
Calif. Unemployment
Insurance Code; CCP
343
While current + 4 years
Utility Services -
Applications
Applications for utility connections,
disconnects, registers, service
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Billing Records
Customer name, service address, meter reading,
usage, payments, applications/cancellations
GC 34090; Sec. of
State Guidelines
recommendation
Until audited + 2 years
Utility Services -
Journals, Utility Billing Billing including monthly activity GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Connection Records Maps, water line connections
GC 34090; Sec. of
State Guidelines
recommendation
Permanent
Utility Services -
Meter Reading; Reports
GC 34090; Sec. of
State Guidelines
recommendation
Current + 2 years
Utility Services -
Utility Rebates, Reports GC 34090 Current + 2 years
Vouchers - Payments Account postings with supporting documents GC 34090 CCP 337 Until audited + 4 years

16.b
Packet Pg. 520
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update) 23152.02000\42032820.2

CITY OF COLTON RECORDS RETENTION SCHEDULE

Destruction of any City record must have City Council approval and written consent from the City Attorney, unless otherwise provided by law. (Gov. Code § 34090.)

Legal Authority Abbreviations

60 Updated April 2024

Category of Record Description or Example of Record Legal Authority Minimum Legal Retention Period
Wage Garnishment Wage or salary garnishment CCP 337 Active until garnishment is satisfied; then retain until
audited + 4 years
Warrant Register/Check Register
Record of checks issued; approved by
legislative body (copy is normally retained as
part of agenda packet information)
GC 34090 Until audited + 2 years
Waste Management Solid Waste – Administrative documents GC 34090 2 years Workers Compensation Files Work-injury claims (including denied claims); claim files, reports, etc.
8 CCR 10102
8 CCR 15400.2 Until settled + 5 years

NOTES:

Copies of Records can be destroyed.

Cant destroy real property records: Deeds, Development Agreements, Easements.

CCP Codes refer to statutes of Limitation rules.

16.b
Packet Pg. 521
Attachment: Exhibit B - Record Retention Schedule (4415 : Record Retention Policy & Schedule Update)

CITY OF COLTON

RECORDS RETENTION AND DESTRUCTION POLICY
I. PURPOSE
The purpose of this Policy is to provide guidelines to City staff members regarding the retention of City records and the destruction of obsolete and unnecessary records of the City of Colton; provide for the identification, maintenance, and safeguarding of City records and, when legally allowed, the disposal of obsolete and unnecessary records in the normal course of business; ensure prompt and accurate retrieval of City records; and ensure compliance with all legal and regulatory requirements.

II. AUTHORIZATION
Pursuant to Resolution No. R -20-24 the City Clerk Office is authorized by the City Council to interpret and implement this Policy and shall be responsible for the administration of this Policy.

The City Clerk Office is authorized to perform any and all acts necessary to comply with the terms and intent of this Policy. The City Clerk Office is responsible for the retention of City records and the destruction of any obsolete records that meet the qualifications governing the retention and disposal of records as specified below.

II. PROCEDURE
A. The department head completes and signs a “Request for Destruction of Obsolete Records” form, listing the date and description of each document to be destroyed.

A sample form is attached to this Policy as Exhibit “D”. The staff member submits the form to the City Clerk Office.

B. The City Clerk Office checks the documents listed on the submitted form to confirm that each document is: (1) not required to be permanently retained, or (2) has been retained for the legally required period of time. The City Clerk Office also confirms that any applicable reproduction requirements (i.e., scanning/imaging, etc.) for the documents are complete. The City Clerk Office also verifies that documents proposed for destruction are not relevant to a subpoena, Public Records Act request, claim against the City, lawsuit, litigation hold, administrative charge or investigation, or similar proceeding, which is in progress or which can reasonably be anticipated.

C. The City Clerk Office submits the form to the City Attorney, who reviews and signs the form and then returns the signed form to the City Clerk Office.

D. After receiving the signed form from the City Attorney, the City Clerk Office oversees the destruction of the documents, indicates the method of destruction on the form, and signs the form.

16.c
Packet Pg. 522
Attachment: Exhibit C - Records Retention Policy 2024 (4415 : Record Retention Policy & Schedule Update) E. The City Clerk Office will retain for two (2) years all original signed forms requesting destruction of records.

F. The City Clerk Office will prepare and maintain a permanent record of all destroyed documents, such as a log or copies of certificates of destruction, in whatever format he/she determines to be convenient for the purpose. The permanent record will include titles or brief descriptions of the documents that were destroyed, and the date of destruction.

III. GENERAL GUIDELINES
A. Definitions. As used in th is Policy, the following terms shall have the following meanings:
(1) “Records” shall mean any writing containing information relating to the conduct of the City’s business that is prepared, owned, used, or retained by the City regardless of physical form or characteristics.
(2) “Writing” means handwriting, typewriting, printing, photographing, photocopying, electronic mail (“email”), facsimile (“fax”), and every other means of recording upon any tangible thing any form of communication or representatio n, including letters, words, pictures, sounds, or symbols, or combination thereof, and any record thereby created, regardless of the manner in which the record has been stored.

B. The City Clerk Office shall be responsible for the administration of this Policy and shall assist all City personnel to comply with the provisions of this Policy and with the Records Retention Schedule, set forth in Exhibit “B.”
C. The following general guidelines apply to all City records.

1. The City Clerk Office may authorize at any time the destruction of any duplicate records less than two (2) years if they are no longer required . (Gov. Code § 34090.7.)

2. Unless otherwise provided by State or federal law, the City Clerk Office may authorize the destruction of any original document which is more than two (2) years old, with written consent from the City Attorney, without retaining a copy of the document as long as the retention and destruction of the document complies with the retention schedule as set forth in this Policy (Gov. Code § 34090.)

3. The City Clerk Office may authorize the destruction of City records upon complying with all of the requirements of Government Code section 34090.5, including having the records reproduced electronically or by using any other medium that is a trusted system . The medium used for reproduction shall not permit additions, deletions, or changes to the original

16.c
Packet Pg. 523
Attachment: Exhibit C - Records Retention Policy 2024 (4415 : Record Retention Policy & Schedule Update) document, and shall comply with standards found in Government Code section 12168.7 for recording permanent and nonpermanent documents in electronic media.

4. The records preserved pursuant to Government Code section 34090.5 shall be made accessible to the public for inspection and/or to receive copies. A true copy of archival quality of the electronic medium reproductions shall be kept in a safe and separate place for security purposes. Any page of a record that cannot be reproduced electronically with full legibility shall be permanently preserved in a manner that will afford easy reference.

5. The reproduction of an original record made in accordance with Government Code section 34090.5 shall be deemed to be an original record and a transcript, exemplification, or certified copy of such reproduction shall be deemed to be a transcript, exemplification, or certified copy of the original.

6. In addition to the retention periods required under this Policy, the City shall retain original administrative, legal, and fiscal records with continued value (i.e., records related to long-term transactions and/or special projects) until all matters pertaining to such records are completed or otherwise resolved. (Gov. Code 34090.)

7. Pursuant to Government Code section 34090, the City shall not destroy any of the following records:
(a) Records affecting the title to real property or liens thereon. (b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old.
(e) The minutes, ordinances, or resolutions of the City or of a City board or commission.

D. Duplicate Records. Pursuant to Resolution No. R -20-24, the City Clerk Office is authorized to destroy at any time any duplicate record of the City, including duplicate records that are less than two years old, if the duplicate is no longer required for City business.

E. Exceptions to Scheduled Destruction of Obsolete Records . Schedule destruction of records that have met or exceeded their retention periods must be postponed if the records are responsive to, subject to, or relate in some way to any of the following:
(a) A pending Public Records Act request received by the City; (b) A subpoena served on the City;

16.c
Packet Pg. 524
Attachment: Exhibit C - Records Retention Policy 2024 (4415 : Record Retention Policy & Schedule Update) (c) A Request for Production received by the City from an opposing party in litigation;
(d) A court order;
(e) A litigation hold or request for preservation of evidence received by the City; or (f) A claim filed against the City under the Government Claims Act.

The above exceptions apply to both hard copy and electronic records

IV. RECORDS RETENTION SCHEDULE
The “Records Retentio n Schedule” is attached as Exhibit “B” and is incorporated herein by reference. This Policy and the Records Retention Schedule comply with State and federal law .

This Policy and Records Retention Schedule also comply with the California Secretary of State Local Government Records Management Guidelines, to the extent that document has been updated to include current laws and regulations. The Records Retention Schedule may be updated from time to time by the City Clerk Office, as authorized in the City Council resolution adopting this Policy.

16.c
Packet Pg. 525
Attachment: Exhibit C - Records Retention Policy 2024 (4415 : Record Retention Policy & Schedule Update)

16.d
Packet Pg. 526
Attachment: Exhibit D - Request for Destruction of Obsolete Records Form (4415 : Record Retention Policy & Schedule Update)

ITEM NO. 17

STAFF REPORT

DATE: APRIL 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BILL SMITH, CITY MANAGER
PREPARED BY: BRIAN DICKINSON, PUBLIC WORKS DIRECTOR
SUBJECT: APPROVAL OF RIGHT-OF-WAY EASEMENT ALONG S. LA
CADENA DRIVE FOR SIDEWALK PURPOSES.

RECOMMENDED ACTION

Staff recommends that the City Council take the following action:

Authorize acceptance of a grant of right -of-way easement located at 12277 S. La Cadena Dr. (Assessor Parcel No. 1167 -071-03-0000) for sidewalk purposes from Kenneth J Catanzarite, a married man as his sole and separate property, to the City of Colton, a municipal corporation.

BACKGROUND

On July 21, 2021, the City approved Architectural & Site Plan Review DAP -001-683 for Aegis Builders, Inc., a California Corporation, to allow the development of two (2) industrial buildings (one at 8,000 square feet and the second at 2,000 square feet) and site improvements within a vacated parcel located at 12277 S. La Cadena Drive and zoned I -P (Industrial Park).

Subsequently, the applicant submitted Precise Grading Plans to the Engineering Division of the Department of Public Works and Utility Services to commence with plan checking. During the plan checking phase, a deficiency in street width was noted and the applic ant was requested to submit a grant of right -of-way application to accommodate ADA compliant sidewalk along the property’s frontage.

ISSUES/ANALYSIS

A standard condition of approval for new development is to request missing public improvements be constructed along the property frontage such as curb, gutter, roadway asphalt , and concrete, including ADA compliant sidewalk. To reach ADA compliance, the applicant 17 Packet Pg. 527
Staff Report to the Mayor and City Council
Sidewalk Easement
April 2, 2024

Page 2 ends

Colton City CouncilApril 2, 2024

Colton City Council
April 2, 2024